Marine Fisheries Law Enforcement Partnerships in Waters under National Jurisdiction: The Legal Framework for Inter-State Cooperation and Public-Private Partnerships with Non-governmental Organizations and Private Security Companies

2018 ◽  
Vol 32 (1) ◽  
pp. 329-375 ◽  
Author(s):  
Valentin J. Schatz
2021 ◽  
Vol 13 (14) ◽  
pp. 7886
Author(s):  
Pavel Kotlán ◽  
Alena Kozlová ◽  
Zuzana Machová

Establishing criminal liability for environmental offences remains daunting, particularly with regard to the ‘no plaintiff—no judge’ element as a result of which the public seems to be ultimately deprived of the possibility to participate in criminal environmental proceedings. While there is arguably a lack of specific instruments at the European Union (EU) level which would prescribe such legal obligation on the part of the State, there has been a shift in understanding the role of the public and its participation in criminal liability cases, namely under the auspices of the so-called effective investigation and the concept of rights of victims in general. Using the example of the Czech Republic as a point of reference, this article aims to assess the relevant legal developments at both EU and Czech levels to illustrate why the non-governmental organizations (NGOs), essentially acting as public agents, should be granted an active role in environmental criminal proceedings. After examining the applicable legal framework and case law development, the article concludes that effective investigation indeed stands as a valid legal basis for human rights protection which incorporates an entitlement to public participation. Despite that, this pro-active shift is far from being applied in practice, implying that the legislation remains silent where it should be the loudest, and causing unsustainable behaviour of companies.


Author(s):  
Rowland Atkinson ◽  
Sarah Blandy

Finding a way out from these forces is difficult to imagine precisely because a range of political and corporate entrepreneurs draw profits from fear – developers selling gated communities, politicians arguing for tough law enforcement and private security companies with an increasingly sophisticated array of technologies designed to help seal the home. We conclude that while these designs have indeed helped to secure the home there has not been any significant reduction in social fear as a dividend to these activities, indeed the evolution of this position of the home suggests its presence as an increasingly anti-social and counter-civic moment in advanced capitalist society, one that will be highly difficult to unravel.


Author(s):  
Seok-Jin Eom ◽  
Jane E. Fountain

What are e-government success factors for using public-private partnerships to enhance learning and capacity development? To examine this question, the authors developed a comparative case analysis of the development of the Business Reference Model (BRM), a national-level e-government initiative to promote shared information services, in the U.S. federal government and the Korean central government. The results indicate institutional arrangements deeply affect the outcomes of knowledge transfer. The study shows that private sector partners in both countries played various roles as “brokers” of information technology (IT) knowledge between government and the private sector by: raising awareness of the necessity of the BRM; providing best practices; developing pilot projects; and developing implementation strategies. However, the study finds that the two countries took entirely different approaches to working with non-governmental organizations in BRM development with implications for project success and lessons for e-government success. The study is meant to deepen understanding of the embeddedness of public-private partnerships in institutional contexts and the implications of such institutional arrangements for knowledge sharing on e-government success. The study examines knowledge transfer in the context of similarities and differences in partnership structures across two advanced industrialized countries with leading roles in e-governance.


2019 ◽  
Vol 3 (325) ◽  
pp. 79-88
Author(s):  
G.B. Akhmejanova ◽  
◽  
N.M. Mussabekova ◽  
T.E. Voronova ◽  
B.Kh. Olzhabayev ◽  
...  

2020 ◽  
Vol 26 (40) ◽  
pp. 48-65
Author(s):  
Nneka Umejiaku

AbstractThe protection of children and women in Nigeria is very critical because their integration in every sphere is a precedent to the growth and development of nations. However, they face diverse discrimination and violence because they are very vulnerable. The object of this study is to examine the rights of children and women by x-raying the various legal and institutional frameworks that provide for their rights, as well as dangers posed by taking their rights for granted. The work analyses factors that inhibit their protection and proffers a viable solution. In this paper, we adopt the doctrinal and empirical methods of legal research. The study discovers that despite a legion of legislation, children and women are exposed to many factors such as legal, social, economic, and obnoxious cultural practices. Further, the work reveals that inherent lapses are visible in our legal framework particularly the 1999 Constitution (as amended), Child‘s Rights Act and other relevant legislation. Accordingly, the work recommends for the eradication of factors that promote child and women abuse and review of relevant laws. The work further recommends for a serious synergy between the government and non-governmental organizations for the protection of children and women.


2020 ◽  
Vol 1 (2) ◽  
pp. 137-150
Author(s):  
Mastur Mastur ◽  
Syamsuddin Pasamai ◽  
Abdul Agis

Penelitian bertujuan untuk menganalisis perlindungan hukum terhadap anak korban kekerasan seksual, dan menganalisis faktor yang mempengaruhi perlindungan hukum terhadap anak korban kekerasan seksual. Tipe penelitian ini adalah yuridis empiris. Hasil Penelitian bahwa; Perlindungan hukum terhadap anak yang menjadi korban kekerasan seksual dalam praktik penegakan hukum pidana oleh Kepolisian di Polewali Mandar adalah perlindungan dalam proses penyelidikan serta melalui upaya preventif/pencegahan dengan bekerja sama dengan Lembaga Swadaya Masyarakat (LSM) di Kabupaten Polewali. Sedangkan perlindungan hukum oleh Pengadilan Negeri Polewali adalah perlindungan dalam proses persidangan yang berupa korban anak tidak disumpah, hakim dalam memberikan pertanyaan sangat hati-hati dan tidak formal, serta adanya pendamping yang dipercaya oleh korban anak. Perlindungan hukum terhadap anak korban kekerasan seksual tidak berjalan secara efektif dikarenakan masih terdapat tindak kekerasan seksual anak yang pada kenyataannya saat ini masih banyak yang menimpa anak di Kabupaten Polewali Mandar. This study aims to analyze the legal protection of child victims of sexual violence, and to analyze the factors that influence the legal protection of child victims of sexual violence. This type of research is juridical empirical. Research results that; Legal protection for children who are victims of sexual violence in criminal law enforcement practices by the Police in Polewali Mandar is protection in the investigation process and through preventive / preventive measures in collaboration with Non-Governmental Organizations (NGOs) in Polewali Regency. Meanwhile, legal protection by the Polewali District Court is protection in the trial process in the form of child victims who are not sworn in, judges in giving questions are very careful and informal, and there is a companion who is trusted by child victims. Legal protection for child victims of sexual violence does not work effectively because there are still acts of child sexual violence which in fact currently still happen to many children in Polewali Mandar Regency. the factors that influence the legal protection of child victims of sexual violence. This type of research is juridical empirical. Research results that; Legal protection for children who are victims of sexual violence in criminal law enforcement practices by the Police in Polewali Mandar is protection in the investigation process and through preventive / preventive measures in collaboration with Non-Governmental Organizations (NGOs) in Polewali Regency. Meanwhile, legal protection by the Polewali District Court is protection in the trial process in the form of child victims who are not sworn in, judges in giving questions are very careful and informal, and there is a companion who is trusted by child victims. Legal protection for child victims of sexual violence does not work effectively because there are still acts of child sexual violence which in fact currently still happen to many children in Polewali Mandar Regency


Author(s):  
Ari Dermawan ◽  
Sumantri Sumantri ◽  
Sudarmin Sudarmin ◽  
Indra Ramadona Harahap

Human and computer interaction or human computer interaction or abbreviated as HCI is a discipline that studies the relationship between humans and computers. Human to digital interactions are increasing according to human needs that are increasingly complex. At present the world community has entered the stage of industrial revolution 4.0, and law enforcement is needed so that in the Era of the industrial revolution 4.0. get legal certainty in using digital technology or computer technology. As for the formulation of the problem is the Juridical Review of Human Interaction on Digital in Law Enforcement in the Age of Industrial Revolution 4.0, How the causes of misuse of Human Interaction Against Digital in the Age of Industrial Revolution 4.0, and How to prevent abuse of Human Interaction against Digital in the Era of Industrial Revolution . The research methodology uses normative research and library research data collection tools. Human Interaction Against Digital in Law Enforcement In the Age of Industrial Revolution 4.0 the legal foundation is needed, namely the Criminal Code and Law Number 11 of 2008 concerning Information and Electronic Transactions. Causes of Abuse of Human Interaction Against Digital in the Era of Industrial Revolution 4.0. among others are unlimited internet access. Efforts to Prevent Abuse of Human Interaction Against Digital in the Era of Industrial Revolution 4.0 can be done with the support of special institutions, both state-owned and NGOs (Non Governmental organizations).


Author(s):  
Hamed Seddighi ◽  
Sadegh Seddighi ◽  
Ibrahim Salmani ◽  
Mehrab Sharifi Sedeh

ABSTRACT The Public–Private–People partnership (4P) is a significant element in disaster response. Coronavirus disease (COVID-19) as a pandemic has been the worst disaster in the last decades in Iran in terms of exposure and magnitude. In order to respond effectively, the Iranian Government needs an extra capacity, which may be provided by the private sector and people. This study aims to collect evidences of 4P pertaining to the COVID-19 response in Iran from February to April 2020. Partnership case studies are classified into 3 categories: (1) Public–private partnerships; (2) public–people partnerships; and (3) private–people partnerships. It was found that the Iranian Government has removed or diminished some of the barriers to cooperation. There was also more cooperation between the people, the private sector, and the public sector than during normal times (vs disasters). People participated in the response procedure through some associations or groups, such as religious and ethnic communities, as well as through non-governmental organizations. It has been shown that 4P is vital in disaster response and, in particular, to epidemics. The government can be more active in partnerships with the private sector and people in emergencies, such as the COVID-19 pandemic. Enhancing social capital, institutionalization, and developing required infrastructures by the government will improve public–private partnerships.


Author(s):  
Hin-Yan Liu

The chapter examines the involvement of private security companies in multinational military operations. It is quite common that various tasks that are relevant to a mission’s mandate are ‘outsourced’ to private military companies and security providers. This involvement of private security providers further adds to the (legal) complexity of the mission because it brings in the legal dimension of the contracting state, the home state, and the territorial state, as well as an additional private actor. The specific focus of this chapter is on the question of how rules (and soft-law standards) applicable to private security providers interact with the legal framework and rules applicable to the mission as a whole.


Author(s):  
Marten Zwanenburg

Abstract This article discusses the ‘Safe Schools Declaration’ and the ‘Guidelines for Protecting Schools and Universities from Military use during Armed Conflict’. The latter are set of non-binding guidelines that aim to improve the protection of schools and universities during armed conflict. The former is a political declaration through which States can endorse the Guidelines. The article looks at the drafting process of the two documents, which involved non-governmental organizations (NGOs), international organizations and States. The article argues that the involvement of NGOs can be seen as reflective of a trend in which NGOs are increasingly involved in normative International Humanitarian Law (IHL) development. The role of international organizations was less pronounced, but nevertheless notable because international organizations traditionally do not have an active role in the field of IHL. The article contains an analysis of the Declaration and Guidelines, against the background of the applicable legal framework to the protection of schools and universities during armed conflict. It concludes that the principal focus of the Guidelines is the prevention of the use of schools and universities by armed forces in support of the military effort. IHL does not contain a rule prohibiting such use, but it can have far-reaching negative consequences for education. Other guidelines relate to, inter alia (limitations to), destroying or attacking schools and universities. These guidelines, while sometimes using phraseology from provisions of IHL treaty law, also largely go beyond existing obligations under IHL.


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