Legal Complexities of Entry, Rescue, Seizure and Disposal of Disaster Affected Companion Animals in New Zealand

With the increasing societal expectation that animals are afforded greater protection in emergencies, the legal process from entering a property to rescuing a companion animal, through to how to dispose of such animals if they remain unclaimed has not been well examined in New Zealand. It is hypothesised that the legal framework for such a response is flawed. In this study, each phase of animal disaster rescue is evaluated against four key statutes that may apply in each phase, in that does any statute provide clear end-to-end provisions with clear legal authority to do so? The study found that all statutes evaluated contained flaws and that the current legal provisions are insufficient to provide clear authority for the sequential process of undertaking the rescue of animals during emergencies. A major flaw was discovered in the Civil Defence Emergency Management Act 2002, a key statute, that provided for the seizure of property and animals but omitted a procedure for the disposal of such seized things leaving them all in legal limbo. It is recommended that animal disaster laws be updated to be more animal inclusive. The method also may be applicable to assist evaluating animal disaster management legal frameworks in other countries.

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Party expats? Mapping transnational party branches of French, German and UK parties

Comparative Migration Studies ◽

10.1186/s40878-020-00219-9 ◽

2021 ◽

Vol 9 (1) ◽

Author(s):

Felix-Christopher von Nostitz

Keyword(s):

Secondary Data ◽

Legal Framework ◽

National Party ◽

National Elections ◽

The United Kingdom ◽

Legal Frameworks ◽

And Function ◽

Role And Function ◽

Insight Into ◽

Do So

AbstractToday many parties interact with members and supporters outside their national borders. One way parties do so is by establishing transnational party branches. However so far, there is a lack of theoretical and empirical research exploring this transnational aspect of party activity. This paper provides a first insight into why parties develop transnational branches, and how it affects their organization. It argues that the development of party branches abroad differs across countries due to the incentives provided by the national legal framework on voting and donations from abroad. In turn, the role and functions of the transnational branches vary depending on this legal framework. Looking at the two transnational branches of the two mainstream parties in France, Germany and the United Kingdom, this paper first briefly outlines the different national legal frameworks and the scope and size of transnational party branches. It then focuses on how they are organized, their role and function, and how this shapes their relationship to their homeland party. This explorative research is mainly based on legal and secondary data. The paper finds that the parties studied differ substantially in location, number and membership size for their transnational branches. Furthermore, the organizational links and the control by the national party over transnational party branches is the highest where parties have the most to gain in terms of votes in national elections and donations.

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Universal Service in Telecommunications: A Case Study of New Zealand and Vietnam Legal and Institutional Frameworks, with Proposals for Reform in Vietnam

10.26686/wgtn.17005120 ◽

2021 ◽

Author(s):

◽

Lam Thanh Vo

Keyword(s):

New Zealand ◽

Best Practice ◽

Legal Framework ◽

Universal Service ◽

External Monitoring ◽

Funding Mechanism ◽

Services Delivery ◽

Institutional Structures ◽

And Performance ◽

Legal Frameworks

This thesis examines models for the delivery of telecommunications universal services in Vietnam and New Zealand. The focus is on identifying obstacles to effective and economically efficient performance of services delivery in Vietnam, and proposing solutions for substantial improvements to legal frameworks and institutional structures. The central argument of the thesis is that the universal service scheme in Vietnam and the supporting laws and agencies responsible for implementation of the scheme need to be improved in order to contribute to the achievement of social targets. The universal service funding mechanism in Vietnam, including the allocation of industry levies and subsidies, is not linked to real costs, nor is it efficient. The laws and legal instruments governing the universal service scheme are incomplete and in parts contradictory. Moreover, the institutional structures reflect diffuse and duplicated accountability among the authorities involved, lack of transparency, and insufficient external monitoring mechanisms. Performance information systems and involvement of the public and stakeholders are also insufficient. The insufficiencies in the Vietnamese structure are illustrated in the thesis by comparing them to the key elements of a best practice model. They are also compared with elements of the New Zealand model that reflect features closer to the best practice: transparency, effective monitoring and performance accountability. These features serve as a basis for the principal proposals for improvements to the legal framework and institutional structures in Vietnam and for economically efficient and competitive funding arrangements.

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Universal Service in Telecommunications: A Case Study of New Zealand and Vietnam Legal and Institutional Frameworks, with Proposals for Reform in Vietnam

10.26686/wgtn.17005120.v1 ◽

2021 ◽

Author(s):

◽

Lam Thanh Vo

Keyword(s):

New Zealand ◽

Best Practice ◽

Legal Framework ◽

Universal Service ◽

External Monitoring ◽

Funding Mechanism ◽

Services Delivery ◽

Institutional Structures ◽

And Performance ◽

Legal Frameworks

This thesis examines models for the delivery of telecommunications universal services in Vietnam and New Zealand. The focus is on identifying obstacles to effective and economically efficient performance of services delivery in Vietnam, and proposing solutions for substantial improvements to legal frameworks and institutional structures. The central argument of the thesis is that the universal service scheme in Vietnam and the supporting laws and agencies responsible for implementation of the scheme need to be improved in order to contribute to the achievement of social targets. The universal service funding mechanism in Vietnam, including the allocation of industry levies and subsidies, is not linked to real costs, nor is it efficient. The laws and legal instruments governing the universal service scheme are incomplete and in parts contradictory. Moreover, the institutional structures reflect diffuse and duplicated accountability among the authorities involved, lack of transparency, and insufficient external monitoring mechanisms. Performance information systems and involvement of the public and stakeholders are also insufficient. The insufficiencies in the Vietnamese structure are illustrated in the thesis by comparing them to the key elements of a best practice model. They are also compared with elements of the New Zealand model that reflect features closer to the best practice: transparency, effective monitoring and performance accountability. These features serve as a basis for the principal proposals for improvements to the legal framework and institutional structures in Vietnam and for economically efficient and competitive funding arrangements.

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REVISITING THE CURRENT UAV REGULATIONS IN NEPAL: A STEP TOWARDS LEGAL DIMENSION FOR UAVS EFFICIENT APPLICATION

ISPRS - International Archives of the Photogrammetry, Remote Sensing and Spatial Information Sciences ◽

10.5194/isprs-archives-xlii-5-w3-107-2019 ◽

2019 ◽

Vol XLII-5/W3 ◽

pp. 107-114 ◽

Cited By ~ 1

Author(s):

R. Shrestha ◽

J. Zevenbergen ◽

U. S. Panday ◽

B. Awasthi ◽

S. Karki

Keyword(s):

Spatial Data ◽

Precision Agriculture ◽

Spatial Scales ◽

Methodological Approach ◽

Legal Framework ◽

Geospatial Technology ◽

Technical Requirements ◽

Legal Provisions ◽

Resource Requirements ◽

Legal Frameworks

Abstract. UAVs-Unmanned Aerial Vehicles- also known as drones, are an emerging geospatial technology that can facilitate data acquisition at various temporal and spatial scales. Notwithstanding, the wide application of UAVs globally, its wider application is found to be growing in Nepal as well. For instance, precision agriculture, forestry, topographical surveying, etc. It seems that there is a correlation between efficient use of UAVs in these sectors and the legal frameworks that regulate the use of UAVs. Therefore, it seems necessary to obtain holistic national view of UAVs regulations. Aligning with this necessity, this paper provides insight on existing legal provisions for UAVs in Nepal by highlighting the importance, impact, and limitations of UAV regulations. The criteria used in the framework to capture the present holistic legal dimension from literature in the web of science database are a) applicability b) technical requirements c) operational requirements/ limitations d) administration procedure e) human resource requirements and f) implementation of ethical constraints. The adopted methodological approach consists of exploratory case studies, systematic reviews of the concerned literature on UAVs regulations and the workshop on “Flight 4 Purpose” in which various UAVs application were discussed. The results show that the existing legal framework has both strengths and weaknesses for its use to capture the spatial data. The way forward is to harmonize the soft and hard regulations so that such geospatial technology can be applied for overall development and ultimately for the societal benefits.

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Community and National Provisions for Temporary Work Agencies. Trends in the Evolution of Temporary Work Agencies and Temporary Workers

Logos Universality Mentality Education Novelty Law ◽

10.18662/lumenlaw/9.1/57 ◽

2021 ◽

Vol 9 (1) ◽

pp. 62-73

Author(s):

Maria-Cristina Ichim (Balaneasa)

Keyword(s):

Labor Market ◽

Legal Framework ◽

Point Of View ◽

Temporary Workers ◽

Temporary Work ◽

Labor Flexibility ◽

Legal Provisions ◽

Important Player ◽

Legal Frameworks ◽

Temporary Work Agencies

The temporary work agent is an important player in the EU labor market from the perspective of labor flexibility. The evolution of the national legal framework on the regulation of the establishment and operation of the temporary work agent in accordance with the European provisions - Directive 2008/104 / EC - is an important issue to consider in this article because the national legal frameworks had to be adapted after 2008 in accordance with the Community law, in order to ensure the protection of temporary workers. Last but not least, the trends on the European labor market are also interesting from the point of view of the employment degree based on the services of temporary work agents. This paper aims to analyze the evolution of the Romanian legal provisions regarding temporary work agencies since the entry into force of the 2003 Labor Code to present day, emphasizing on the debate regarding the licensing, registration and the withdrawal of license procedure for a temporary work agent in our country. At the end of the article, we will present the number of temporary work agencies licensed in Romania, but also the percentage of employees recruited through temporary work agents in EU countries during the period 2011-2020, in order to highlight the degree of use of this type of workforce.

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The School Strike for Climate as people’s engagement in the transnational legal process and global constitutionalism

Global Constitutionalism ◽

10.1017/s2045381721000204 ◽

2021 ◽

pp. 1-18

Author(s):

Binendri Perera

Keyword(s):

Hong Kong ◽

New Technology ◽

Legal Framework ◽

Climate Justice ◽

International Level ◽

Legal Process ◽

Global Constitutionalism ◽

Legal Frameworks ◽

Transnational Legal Process ◽

Domestic Level

Abstract What is the significance of the School Strike for Climate from an international constitutional perspective? In this article, I compare the School Strike for Climate with the Hong Kong protests of 2019–20. Both these movements became necessary because of gaps in their countries’ respective domestic and international legal frameworks – what I term constitutionalism gaps. The immediate cause of each protest was how state and non-state actors exploited these constitutionalism gaps in the existing legal framework. Protests in Hong Kong were triggered by the attempt to enact an Extradition Law that threatened people’s autonomy, whereas the School Strike for Climate is a response to the failure of the state to deliver climate justice. Both these movements use similar strategies of advocacy and they have relied extensively on new technology. Based on this comparison, I argue that the School Strike for Climate promotes procedural and substantive values of constitutionalism at the international level, similar to the Hong Kong Protests at the domestic level. Through the School Strike for Climate, people seek to engage directly in the transnational legal process. In attempting to bridge the constitutionalism gap at the international level, the School Strike for Climate promotes values of global constitutionalism.

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Laws of some countries in the world on international cooperation in criminal procedures and the lesson for Vietnam

VNU Journal of Science Legal Studies ◽

10.25073/2588-1167/vnuls.4161 ◽

2018 ◽

Vol 34 (2) ◽

Author(s):

Ly Nguyễn Thị

Keyword(s):

International Cooperation ◽

Criminal Procedure ◽

Legal Framework ◽

International Integration ◽

Legal Provisions ◽

The World ◽

International Activities ◽

The Law ◽

Legal Frameworks

International cooperation in criminal procedure is an indispensable trend in the period of globalization and international integration. This formed a system of global, regional and national laws regulating international activities in the criminal field. Each country or region has different legal frameworks for international cooperation in criminal procedure and its effectiveness is not the same. Thus, this paper focuses on analyzing the legal provisions of some countries, thereby drawing lessons for Vietnam on the improvement of the law, establishing a legal framework for criminal international cooperation to improve the effectiveness of international cooperation in the CPR.

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Urban Plans and Conflicting Interests in Sustainable Cross-Boundary Land Governance, the Case of National Urban and Regional Plans in Ethiopia

Sustainability ◽

10.3390/su13063081 ◽

2021 ◽

Vol 13 (6) ◽

pp. 3081

Author(s):

Genet Alem

Keyword(s):

Urban Planning ◽

Socioeconomic Development ◽

Secondary Data ◽

Legal Framework ◽

Land Policy ◽

Political Discourses ◽

Political Conflicts ◽

Legal Provisions ◽

Rural And Urban ◽

Legal Frameworks

Policies and rules by which land is governed are influenced by political discourses, and decisions about land can provoke political conflicts. In contexts of vague legal framework governing property right, planning tends to produce inequality and could be observed as a political instrument of marginalization. Nevertheless, spatial planning is indispensable for ensuring sustainable and efficient land governance. In Ethiopia, urban planning is considered unjust, often associated with eviction of rural and urban residents. Indeed, recent experiences had ended up causing drastic political unrest. The paper discusses the institutional gaps in land governance by focusing on two recent urban plans (national and regional) that led to conflicts, undermining sustained socioeconomic development. For this purpose, the research uses qualitative primary and secondary data. Main sources of data are official and legal documents, the literature and interviews. The findings show that current planning practice has produced social and political tensions and conflicts. Hence, urban planning related legal provisions override citizens’ right, and vague land policy constrains interregional cooperation in planning and land governance. The paper calls for people focused planning, the revision of policy and legal frameworks to protect socially and economically vulnerable segments of the population and facilitate cross-boundary land governance.

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Forensic Evidence in Proving Crimes: Exploring the Legal Frameworks of Sharīʿah Bukti Forensik Bagi Membuktikan Jenayah: Menerokai Rangka Kerja Guaman Sharīʿah

Journal of Islam in Asia (E-ISSN: 2289-8077) ◽

10.31436/jia.v13i1.530 ◽

2016 ◽

Vol 13 (1) ◽

pp. 220-247

Author(s):

Sayyid Mohammad Yunus Gilani ◽

K. M. Zakir Hossain Shalim

Keyword(s):

Legal System ◽

Islamic Law ◽

Common Law ◽

Legal Framework ◽

New Method ◽

Criminal Investigation ◽

Forensic Evidence ◽

Administration Of Justice ◽

Legal Frameworks

AbstractForensic evidence is an evolving science in the field of criminal investigation and prosecutions. It has been widely used in the administration of justice in the courts and the Western legal system, particularly in common law. To accommodate this new method of evidence in Islamic law, this article firstly, conceptualizes forensic evidence in Islamic law. Secondly, explores legal frameworks for its adoption in Islamic law. Keywords: Forensic Evidence, legal framework, Criminal Investigation, Sharīʿah.AbstrakBukti forensik adalah sains yang sentiasa berkembang dalam bidang siasatan jenayah dan pendakwaan. Ia telah digunakan secara meluas dalam pentadbiran keadilan di mahkamah dan sistem undang-undang Barat, terutamanya dalam undang-undang common (common law). Untuk menampung kaedah pembuktian baru ini dalam undang-undang Islam, artikel ini, pertamanya, konseptualisasikan bukti forensik dalam undang-undang Islam. Kedua, ia menerokai rangka kerja undang-undang untuk penerimaannya dalam undang-undang Islam.Kata Kunci: Bukti Forensik, Rangka Kerja Guaman, Siasatan Jenayah, Sharīʿah.

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