Essays in the Regulation of Drones and Counter-Drone Systems

2021 ◽  
Author(s):  
◽  
Andrew Shelley
Keyword(s):  
Economic Benefits ◽  
Unmanned Aircraft ◽  
Code Of Practice ◽  
Regulatory Frameworks ◽  
Safety Risks ◽  
The Status ◽  
Video Systems ◽  
Privacy Violation ◽  
The Right ◽  
Self Defence

<p>Rapid growth in the use of drones potentially delivers significant economic benefits, but it has also given rise to considerable public concern about safety risks, infringement of privacy, and other unwelcome surveillance and observation. Drones are able to be operated remotely from the pilot, making it difficult to identify the operator and attribute liability for harm caused. This in turn means that existing regulatory frameworks might not induce an efficient level of drone-related harm.  The first substantive chapter of this thesis considers measures to address concerns about privacy and surveillance. I propose the adoption of a package of measures including: tort law reform, the promulgation of a "Code of Practice for Drone Operations" under New Zealand's Privacy Act 1993, a remotely-readable identifier to identify approved operators, provision for aerial trespass by unmanned aircraft, provision for the destruction of unmanned aircraft committing trespass, and the clarification of what constitutes a privacy violation by broadcast or closed-circuit television and video systems.  Fundamental to those proposals are the concepts of drone registration and the legalisation of the right to self-defence against drones. Registration requires that a drone is registered with the regulatory authorities, with a registered drone being traceable back to the owner of the drone. Registered drones may also be required to carry a remotely-readable identifier. Legalisation of self-defence allows bystanders to take defensive actions against drones, with the potential for a drone to be destroyed. Both of these mechanisms provide a means by which the operator of a drone faces some cost if they are causing harm, and thus may induce more efficient actions by the drone operator.  This thesis establishes a theoretical framework for self-defence, registration, and registration in conjunction with self-defence. Conditions are established under which each will be the preferred form of regulation. It is also established that the status quo, with neither registration nor self-defence, is likely to be optimal when harm from drone activity is relatively low.  The conditions established around when self-defence is efficient also provide the conditions for the regulation of counter-drone systems. I identify the legal impediments to the implementation of drone-detection systems and counter-drone systems in New Zealand, and propose a regulatory framework to allow the adoption of those systems.</p>

Essays in the Regulation of Drones and Counter-Drone Systems

2021 ◽  
Author(s):  
◽  
Andrew Shelley
Keyword(s):  
Economic Benefits ◽  
Unmanned Aircraft ◽  
Code Of Practice ◽  
Regulatory Frameworks ◽  
Safety Risks ◽  
The Status ◽  
Video Systems ◽  
Privacy Violation ◽  
The Right ◽  
Self Defence

<p>Rapid growth in the use of drones potentially delivers significant economic benefits, but it has also given rise to considerable public concern about safety risks, infringement of privacy, and other unwelcome surveillance and observation. Drones are able to be operated remotely from the pilot, making it difficult to identify the operator and attribute liability for harm caused. This in turn means that existing regulatory frameworks might not induce an efficient level of drone-related harm.  The first substantive chapter of this thesis considers measures to address concerns about privacy and surveillance. I propose the adoption of a package of measures including: tort law reform, the promulgation of a "Code of Practice for Drone Operations" under New Zealand's Privacy Act 1993, a remotely-readable identifier to identify approved operators, provision for aerial trespass by unmanned aircraft, provision for the destruction of unmanned aircraft committing trespass, and the clarification of what constitutes a privacy violation by broadcast or closed-circuit television and video systems.  Fundamental to those proposals are the concepts of drone registration and the legalisation of the right to self-defence against drones. Registration requires that a drone is registered with the regulatory authorities, with a registered drone being traceable back to the owner of the drone. Registered drones may also be required to carry a remotely-readable identifier. Legalisation of self-defence allows bystanders to take defensive actions against drones, with the potential for a drone to be destroyed. Both of these mechanisms provide a means by which the operator of a drone faces some cost if they are causing harm, and thus may induce more efficient actions by the drone operator.  This thesis establishes a theoretical framework for self-defence, registration, and registration in conjunction with self-defence. Conditions are established under which each will be the preferred form of regulation. It is also established that the status quo, with neither registration nor self-defence, is likely to be optimal when harm from drone activity is relatively low.  The conditions established around when self-defence is efficient also provide the conditions for the regulation of counter-drone systems. I identify the legal impediments to the implementation of drone-detection systems and counter-drone systems in New Zealand, and propose a regulatory framework to allow the adoption of those systems.</p>

scholarly journals STATE SOVEREIGNTY AND SELF-DEFENCE IN CYBERSPACE

2018 ◽  
Vol 5 (4) ◽  
pp. 139-154 ◽  
Author(s):  
Pallavi Khanna
Keyword(s):  
International Law ◽  
Large Scale ◽  
Cyber Attacks ◽  
State Sovereignty ◽  
Daily Lives ◽  
Territorial Jurisdiction ◽  
Nation States ◽  
The Status ◽  
The Right ◽  
Self Defence

Given the increasing role and use of cyberspace in our daily lives, it is important to consider the large-scale dynamics of the cyber forum. Shifting the focus from individuals to nation states as participants that engage in activities in cyberspace raises doubts over the status of nations in this domain. Do they continue to remain sovereign entities on such a platform? Do they have the right to defend themselves against attacks from other nations? These questions have been subject to a lot of debate in the context of international law. The aim of this paper is to study the implications of the principle of state sovereignty and selfdefence in cyberspace. The paper focuses on two prime considerations of sovereignty and self-defence in the context of cyberspace and its link to international law. Thus the scope is limited to concepts such as territorial jurisdiction, sovereignty, attribution and selfdefence. While doing so, the researcher seeks to answer questions such as, Is international law applicable to cyberspace? Can cyberspace be called a sovereign domain? Do principles of territorial jurisdiction apply to cyberspace? How does the attribution mechanism work in cyberspace? Under what circumstances are states permitted to exercise the right of self-defence against cyber attacks? and What are the deficiencies in international law governing cyberspace?

CIVIL AND LEGAL LIABILITY OF JUDGES

2017 ◽  
Author(s):  
Yaroslav Skoromnyy ◽  
Keyword(s):  
Human Rights ◽  
Pension System ◽  
Legal Liability ◽  
Judicial System ◽  
Constitutional Court ◽  
Model Code ◽  
European Court ◽  
The Status ◽  
The Law ◽  
The Right

The article presents the conceptual foundations of bringing judges to civil and legal liability. It was found that the civil and legal liability of judges is one of the types of legal liability of judges. It is determined that the legislation of Ukraine provides for a clearly delineated list of the main cases (grounds) for which the state is liable for damages for damage caused to a legal entity and an individual by illegal actions of a judge as a result of the administration of justice. It has been proved that bringing judges to civil and legal liability, in particular on the basis of the right of recourse, provides for the payment of just compensation in accordance with the decision of the European Court of Human Rights. It was established that the bringing of judges to civil and legal liability in Ukraine is regulated by such legislative documents as the Constitution of Ukraine, the Civil Code of Ukraine, the Explanatory Note to the European Charter on the Status of Judges (Model Code), the Law of Ukraine «On the Judicial System and the Status of Judges», the Law of Ukraine «On the procedure for compensation for harm caused to a citizen by illegal actions of bodies carrying out operational-search activities, pre-trial investigation bodies, prosecutors and courts», Decision of the Constitutional Court of Ukraine in the case on the constitutional submission of the Supreme Court of Ukraine regarding the compliance of the Constitution of Ukraine (constitutionality) of certain provisions of Article 2, paragraph two of clause II «Final and transitional provisions» of the Law of Ukraine «On measures to legislatively ensure the reform of the pension system», Article 138 of the Law of Ukraine «On the judicial system and the status of judges» (the case on changes in the conditions for the payment of pensions and monthly living known salaries of judges lagging behind in these), the Law of Ukraine «On the implementation of decisions and the application of the practice of the European Court of Human Rights».

Clergy

2018 ◽  
Author(s):  
Mark Hill QC
Keyword(s):  
Employment Status ◽  
Church Of England ◽  
The Status ◽  
The Right ◽  
The Church ◽  
And Training

This chapter focuses on the clergy of the Church of England. It first explains the process of selection and training for deacons and priests, along with their ordination, functions, and duties. It then considers the status and responsibilities of incumbents, patronage, and presentation of a cleric to a benefice, and suspension of presentation. It also examines the institution, collation, and induction of a presentee as well as unbeneficed clergy such as assistant curates and priests-in-charge of parishes, the authority of priests to officiate under the Extra-Parochial Ministry Measure, the right of priests to hold office under Common Tenure, and the role of visitations in maintaining the discipline of the Church. The chapter concludes with a discussion of clergy retirement and removal, employment status of clergy, vacation of benefices, group and team ministries, and other church appointments including rural or area deans, archdeacons, diocesan bishops, suffragan bishops, and archbishops.

The Israeli Unfinished Constitutional Revolution: Has the Time Come for Protecting Economic and Social Rights?

2004 ◽  
Vol 37 (2-3) ◽  
pp. 299-345 ◽  
Author(s):  
Yoram Rabin ◽  
Yuval Shany
Keyword(s):  
Supreme Court ◽  
Constitutional Law ◽  
Hard Core ◽  
Social Rights ◽  
Cultural Rights ◽  
Basic Law ◽  
The Supreme Court ◽  
The Status ◽  
Interpretive Strategies ◽  
The Right

AbstractThis article addresses the constitutional discourse surrounding the status of economic and social rights in Israel. It examines the principal interpretive strategies adopted by the Supreme Court with regard to the 1992 basic laws (in particular, with respect to the right to human dignity) and criticizes the Court's reluctance to apply analogous strategies to incorporate economic and social rights into Israeli constitutional law. Potential explanations for this biased approach are also critically discussed. The ensuing outcome is a constitutional imbalance in Israeli law, which perpetuates the unjustified view that economic and social rights are inherently inferior to their civil and political counterparts, and puts in question Israel's compliance with its obligations under the International Covenant of Economic, Social and Cultural Rights. At the same time, encouraging recent Supreme Court decisions, particularly the YATED and Marciano judgments, indicate growing acceptance on the part of the Court of the role of economic and social rights in Israeli constitutional law, and raise hopes for a belated judicial change of heart concerning the need to protect at least a ‘hard core’ of economic and social rights. Still, the article posits that the possibilities of promoting the constitutional status of economic and social rights through case-to-case litigation are limited and calls for the renewal of the legislation procedures of draft Basic Law: Social Rights in the Knesset.

Can there be a just war?

Think ◽  
2004 ◽  
Vol 3 (8) ◽  
pp. 7-16
Author(s):  
Richard Norman
Keyword(s):  
Just War ◽  
The Right ◽  
Self Defence

Richard Norman examines justifications for war that are rooted in the right of self-defence.

Rewriting the Grammar of the Education System: Delhi’s Education Reform (A Tale of Creative Resistance and Creative Disruption)

2021 ◽  
Author(s):  
Yamini Aiyar ◽  
Vincy Davis ◽  
Gokulnath Govindan ◽  
Taanya Kapoor
Keyword(s):  
Education Reform ◽  
Belief Systems ◽  
Creative Resistance ◽  
Service Delivery Systems ◽  
The Status ◽  
Technical Capability ◽  
The Right ◽  
Technical Solutions ◽  
Burial Grounds ◽  
Primary Contribution

The study was not designed to undertake an evaluation of the success or failure of reform. Nor was it specifically about the desirability or defects of the policy reform choices. It took these reform choices and the policy context as a given. It is important to note that the Delhi reforms had its share of criticisms (Kumar, 2016; Rampal, 2016). However, our goal was not to comment on whether these were the “right” reforms or have their appropriateness measured in terms of their technical capability. This study sought to understand the pathways through which policy formulations, designed and promoted by committed leaders (the sound and functional head of the flailing state), transmit their ideas and how these are understood, resisted, and adopted on the ground. In essence, this is a study that sought to illuminate the multifaceted challenges of introducing change and transition in low-capacity settings. Its focus was on documenting the process of implementing reforms and the dynamics of resistance, distortion, and acceptance of reform efforts on the ground. The provocative claim that this report makes is that the success and failure, and eventual institutionalisation, of reforms depend fundamentally on how the frontline of the system understands, interprets, and adapts to reform efforts. This, we shall argue, holds the key to upending the status quo of “pilot” burial grounds that characterise many education reform efforts in India. Reforms are never implemented in a vacuum. They inevitably intersect with the belief systems, cultures, values, and norms that shape the education ecosystem. The dynamics of this interaction, the frictions it creates, and reformers’ ability to negotiate these frictions are what ultimately shape outcomes. In the ultimate analysis, we argue that reforming deeply entrenched education systems (and, more broadly, public service delivery systems) is not merely a matter of political will and technical solutions (although both are critical). It is about identifying the points of reform friction in the ecosystem and experimenting with different ways of negotiating these. The narrative presented here does not have any clear answers for what needs to be done right. Instead, it seeks to make visible the intricacies and potential levers of change that tend to be ignored in the rush to “evaluate” reforms and declare success and failure. Moving beyond success to understand the dynamics of change and resistance is the primary contribution of this study.

KEPEMILIKAN DAN PENGUASAAN OBJEK JAMINAN FIDUSIA APABILA TERJADI SENGKETA WANPRESTASI DALAM PERJANJIAN KREDIT

2020 ◽  
Vol 8 (1) ◽  
pp. 78
Author(s):  
Dija Hedistira ◽  
' Pujiyono
Keyword(s):  
Economic Benefits ◽  
Civil Code ◽  
The Other ◽  
Third Party ◽  
Analysis Method ◽  
The Law ◽  
The Right

<p>Abstract<br />This article aims to analyze the ownership and mastery of a fiduciary collateral object, in cases that often occur today, many disputes between creditors and debtors in fiduciary collateral agreements are caused because creditors assume that with executive rights as fiduciary recipients, the fiduciary collateral object legally owned by creditors and creditors the right to take and sell fiduciary collateral objects when the debtor defaults unilaterally, as well as the debtor who considers that the fiduciary collateral object is owned by him because the object is registered on his name, so that the debtor can use the object free as  giving to a third party or selling the object of fiduciary guarantee unilaterally. the author uses a normative <br />juridical approach, and deductive analysis method based on the Civil Code and fiduciary law applicable in Indonesia, Law No. 42 of 1999 concerning Fiduciary Guarantees. The conclusion of the discussion is the ownership of the object of the Fiduciary Guarantee is owned by the debtor in accordance with the Law, mastery of the object of collateral controlled by the debtor for economic benefits, the procedure of execution The object of Fiduciary Guarantee is carried out in accordance with the Fiduciary Guarantee Act, an alternative mediation in resolving the dispute. There needs to be clarity in the use of language in making a law, so as not to conflict with each other between Article one and the other Articles.<br />Keywords: Ownership; Mastery; Object of Fiduciary Guarantee; Debtor; Creditors.</p><p>Abstrak<br />Artikel ini bertujuan untuk menganalisis tentang kepemilikan dan penguasaan suatu objek jaminan fidusia, dalam kasus yang saat ini sering terjadi, banyak sengketa antara kreditur dan debitur dalam perjanjian jaminan fidusia disebabkan karena kreditur beranggapan bahwa dengan adanya hak eksekutorial sebagai penerima fidusia, maka objek jaminan fidusia tersebut secara sah dimiliki oleh kreditur dan kreditur berhak mengambil dan menjual objek jaminan fidusia saat debitur cidera janji<br />(wanprestasi) secara sepihak, begitupun dengan debitur yang menganggap bahwa objek jaminan fidusia tersebut dimiliki olehnya karena objek tersebut terdaftar atas namannya, sehingga debitur dapat mempergunakan objek tersebut secara bebas seperti menyerahkan kepada pihak ketiga atau menjual objek jaminan fidusia tersebut secara sepihak. penulis menggunakan pendekatan yuridis normatif, dan metode analisis deduktif yang didasarkan pada Kitab Undang-Undang Hukum Perdata<br />dan hukum jaminan fidusia yang berlaku di Indonesia, Undang-Undang No. 42 Tahun 1999 tentang Jaminan Fidusia. Kesimpulan pembahasan adalah Kepemilikan Objek Jaminan Fidusia dimiliki oleh debitur sesuai Undang-undang, penguasaan objek jaminan dikuasai debitur untuk manfaat ekonomis, prosedur eksekusi Objek Jaminan Fidusia dilakukan sesuai dengan Undang-Undang Jaminan Fidusia, alternatif secara mediasi dalam menyelesaikan sengketa yang terjadi. Perlu ada kejelasan dalam<br />penggunaan bahasa pada pembuatan suatu Undang-Undang, agar tidak saling bertentangan antar Pasal satu dengan Pasal yang lainnya. <br />Kata Kunci: Kepemilikan; Penguasaan; Objek Jaminan Fidusia; Debitur; Kreditur.</p>

The invocation of the right to self-defence in response to armed attacks conducted by armed groups: Implications for attribution

2018 ◽  
Vol 32 (01) ◽  
pp. 91-110 ◽  
Author(s):  
Erika de Wet
Keyword(s):  
Due Diligence ◽  
Armed Groups ◽  
Armed Attack ◽  
International Court Of Justice ◽  
International Court ◽  
State Actors ◽  
The Right ◽  
United Nations Charter ◽  
Territorial States ◽  
Self Defence

AbstractThe right to self-defence in Article 51 of the United Nations Charter is increasingly being invoked in response to armed attacks conducted by armed groups located in a territory of another state, with or without the (direct) assistance of such a state. This article examines the implications of the invocation of the right to self-defence under these circumstances for the principles of attribution within thejus ad bellumparadigm. First, it illuminates how the threshold requirements for indirect armed attacks (that is, the state acting through a private actor) have been lowered since the 1986Nicaraguadecision of the International Court of Justice. In so doing, the article suggests that in order to prevent a complete erosion of the benchmarks of an indirect armed attack, the notions of ‘substantial involvement’ in an armed attack, ‘harbouring’, and ‘unwillingness’ should be interpreted as manifestations of due diligence. Thereafter, the article illustrates that there is also an increasing attribution of armed attacks directly to non-state actors, notably those located in areas over which territorial states have lost control. Such states could be depicted as being ‘unable’ to counter the activities of non-state actors. The article further submits that particularly in these instances, the principle of necessity within the self-defence paradigm can play an important role in curbing the potential for abuse inherent in the vague notion of ‘inability’, if interpreted in light of Article 25 of the Articles on State Responsibility for Internationally Wrongful Acts.

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