scholarly journals International aspects of legal regulation of information relations in the global Internet

2020 ◽  
Vol 11 (3) ◽  
Author(s):  
Yanchuk Yuliia ◽  
◽  
Holoviy Lyudmyla ◽  

The article analyzes the international legal regulation of information relations on the global Internet. The role of international law in regulating public relations concerning the development of the global information society is studied. Attention is paid to the main normative legal acts that enshrine EU citizens & apos; rights and freedoms in the information sphere. It is noted that the rules of & quot govern the international legal framework for the regulation of information relations on the Internet «soft law», which are enshrined in the resolutions of international organizations and are not binding. Emphasis is placed on the need to enshrine in international regulations in the field of Internet relations the basic concepts applied to these relations to resolve possible disputes in the legislation of different states Keywords: international legal regulation, information space, global network Internet, information relations

Author(s):  
Asha Bajpai

The chapter commences with the change in the perspective and approach relating to children from welfare to rights approach. It then deals with the legal definition of child in India under various laws. It gives a brief overview of the present legal framework in India. It states briefly the various policies and plans, and programmes of the Government of India related to children. International law on the rights of the child is enumerated and a summary of the important judgments by Indian courts are also included. The chapter ends with pointing out the role of civil society organizations in dealing with the rights of the child and a mention of challenges ahead.


Author(s):  
Ivanna Babetska

Purpose. The purpose of the scientific article is to establish the ratio of the meanings of the concepts "trademark", "brand" and "well-known" trademark and then to characterize their common and distinctive features. Indicate the gaps in current legislation and the need to refine certain rules in this aspect to determine the aspects of protection and protection of the brand. Methodology. The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material and the formulation of appropriate conclusions and recommendations. During the research, the following methods of scientific knowledge were used: terminological, dialectical, logical-semantic, logical-normative, system-structural. Results: in the course of the conducted study, the main and optional components of the brand are determined, which make it possible to determine the features of its legal protection. It has been proved that despite a fairly wide range of domestic and international regulations, there are certain shortcomings of the brand protection mechanism. Originality. The study found that a trademark differs from a brand in that a trademark is a designation that is only the basis of the brand, as for the trademark are not essential such properties of the designation as a certain level of information among consumers and quality as a basis. gaining a reputation; the concept of "brand" is an evaluative, conditional concept, and therefore its consolidation at the regulatory level is impractical. It is sufficient to establish the factors on the basis of which the trademark can be considered "well known". A "well-known" trademark is a designation that is familiar to a wide range of consumers through its use to designate certain goods. Practical importance. The results of the study can be used in law-making activities for the purpose of legal regulation of public relations in the sphere of legal protection of the brand.


ASJ. ◽  
2020 ◽  
Vol 2 (42) ◽  
pp. 31-34
Author(s):  
K. Inalkaeva

The purpose of the study is to analyze theoretical approaches to the mechanism for resolving legal conflicts, as well as to analyze its components, identify implementation problems and proposals for their elimination. The aim of the study is to improve the effectiveness of conflict prevention in draft laws, laws and other regulations. There is insufficient research on the procedure for adopting regional laws, organizing the work of regional parliaments, and public participation in the legislative process. We hope, if not to reveal, then at least to identify problematic issues that will find worthy researchers and solutions in the future. The paper notes the role of the constitutional Court of the Russian Federation as a subject of conflict-of-laws relations. It is concluded that the legislative process is directly related to the level of legal consciousness of the relevant subjects, moral attitudes, and awareness of their mission as creators of legislation. The practical significance of the research results provides a real opportunity for the competent authorities to take concrete measures aimed at removing corruption-related provisions from the regulatory legal framework.


Author(s):  
Boris Krivokapić

The paper deals with international legal status of multinational (transnational) companies. The first part gives an overview of this entities and the specifics of their role in the modern world.In the second part, the author deals with the elements of international legal personality of multinational (transnational) companies. Such as international legal regulation of the position of these entities, their specific rights and obligations under international law, international responsibility, process subjectivity before certain international judicial bodies and the special relationship (partnership) with international organizations. It should be added that not only that international law acknowledges their existence, but also multinational companies themselves at least in part influence the development of that law.In the concluding remarks the author notes that multinational (transnational) companies do not have all the elements of a full international personality, the one that is inherent to states. However, even if not complete their personality is beyond doubt. Although between them, depending on the case, there are major differences, there is no dispute that, from the perspective of international law, at least some multinational companies have the legal capacity (the ability to be the holder of a larger or smaller circle of rights and obligations established by international law), legal capacity (the ability to conclude international agreements, create international custom, etc.), tort capacity (the ability to provide for the legal bears responsibility for violating the norms of international law), process capability (active and passive legitimacy before some international courts), etc. In all likelihood, along with the expected further strengthening of the economic, but also political and every other power and role of the companies themselves, their international personality will also become more and more developed, At one point this will require global (universal) agreement which would precisely define rights, but, in particular, the duties and responsibilities of these entities.


Financial law ◽  
2021 ◽  
Vol 1 ◽  
pp. 37-39
Author(s):  
Nadezhda G. Dolmatova ◽  

Currently, Russia has begun to form a legal framework for the development of the digital economy. The introduction of digital technologies affects all areas of public relations, including budgetary legal relations. In connection with digitalization, issues of budget security are becoming more relevant. The article substantiates the need to improve the legal regulation of budget relations in terms of ensuring budget security and the use of digital technologies. The author’s classification of budget security threats is given. Legal contradictions in the field of digital currency regulation are revealed. Measures are proposed to eliminate conflicts and gaps in the current legislation regulating budgetary legal relations and relations arising in connection with the use of digital currency.


Author(s):  
Julia S. Kharitonova ◽  
◽  
Larisa V. Sannikova ◽  

Nowadays, the law is being transformed as a regulator of relations. The idea of strengthe-ning the regulatory role of technologies in the field of streamlining public relations is making much headway in the world. This trend is most pronounced in the area of regulation of private relations. The way of such access to the market as crowdfunding is becoming increasingly widespread. The issuing of the so-called secured tokens is becoming popular for both small businesses and private investors. The trust in new ways of attracting investments is condi-tioned by the applied technology - the use of blockchain as a decentralized transparent data-base management system. Under these conditions, there is such a phenomenon as the democ-ratization of property relations. Every individual receives unlimited opportunities to invest via technologies. Thus, legal scholars all over the world face the question about the role of the law and law in these relations? We believe that we are dealing with such a worldwide trend of regulating public relations as the socialization of the law. Specific examples of issuing tokens in Russia and abroad show the main global trends in the transformation of private law. The platformization of economics leads to the tokenization and democratization of property relations. In this aspect, the aim of lawyers should be to create a comfortable legal environment for the implementation of projects aimed at democratizing property relations in Russia. The socialization of private law is aimed at achieving social jus-tice and is manifested in the creation of mechanisms to protect the rights of the weak party and rules to protect private investors. Globalization requires the study of both Russian and foreign law. To confirm their hypothesis, the authors conducted a detailed analysis of the legislation of Russia, Europe and the United States to identify the norms allowing to see the process of socialization of law in the above field. The generalization of Russian and foreign experience showed that when searching for proper legal regulation, the states elect one of the policies. In some countries, direct regulation of ICOs and related emission relations are being created, in others, it is about the extension of the existing legislation to a new changing tokenization relationship. The European Union countries are seeking to develop common rules to create a regulatory environment to attract investors to the crypto industry and protect them. Asian countries are predominantly developing national legislation in isolation from one another, but most of them are following a unified course to encourage investment in crypto assets while introducing strict rules against fraud on financial markets. The emphasis on the protection of the rights of investors or shareholders, token holders by setting a framework, including private law mechanisms, can be called common to all approaches. This is the aim of private law on the way to social justice.


Author(s):  
Marco Pertile

This chapter examines the role of natural resources such as water, hydrocarbons, and diamonds in international armed conflicts within the framework of international law, as well as the legal regulation of the jus ad bellum aspects of the issue. After outlining some of the international rules relevant to the relationship between natural resources and conflicts, the chapter considers the rules pertaining to the jus ad bellum and assesses the interstate aspects of resource conflicts, paying particular attention to the legal framework for the use of force in international relations. It then looks at the role of sovereignty in the allocation of natural resources among states, the interaction between jus ad bellum and jus in bello with respect to the exploitation of natural resources in occupied territories, , and the effect on transactions in natural resources of the duty of non-recognition of unlawful territorial situations. Finally, it describes the initiatives of the United Nations in addressing the issue of natural resources and their relation to interstate conflicts.


Author(s):  
Margarita V. Katunina ◽  
Dmitry R. Komissarov

The article focuses on the legal framework, the interpretation of provisions on international road carriage of goods, and the use of administrative documents.


2009 ◽  
Vol 1 (1) ◽  
pp. 401-426
Author(s):  
Arie Trouwborst

Abstract This article discusses the role of international law in environmental governance in the Arctic. It does so from the perspective of bird conservation. Challenges in the latter field are introduced, including the impact of climate change on Arctic bird habitats and the incidental mortality of seabirds in Arctic fisheries. The ability of the current international legal framework in the Arctic to meet these challenges is scrutinised, and future scenarios for its enhancement are explored, including the conclusion of (a) new legally binding agreement(s). Five species receive particular attention as part of this exercise: gyrfalcon (Falco rusticolus), ivory gull (Pagophila eburnea), spoon-billed sandpiper (Eurynorhynchus pygmeus), Kittlitz’s murrelet (Brachyramphus brevirostris) and Brünnich’s guillemot (Uria lomvia). Special attention is also devoted to the issue of seabird bycatch.


2021 ◽  
Vol 1 (1) ◽  
pp. 1-24
Author(s):  
David Tilt

This paper considers the relationship between the legal regulation of haute couture in Europe and the importance of “the city” as the locus of complex cultural, legal, and geographical forces. Haute couture and its legal framework are used as a case study to investigate how local dynamics – in this case, focusing on the role of the city – can shape the national and international legal responses to a cultural phenomenon, as well as provide a more complete understanding of how culturally significant practices acquire such an enduring meaningfulness in society.   Connecting the role of ‘the city’ and legal regulation is particularly interesting through the lens of haute couture because while cities are frequent hosts to artistic or cultural movements, haute couture resulted in an elaborate system of strict regulation that extends beyond the ordinary intellectual property toolbox. This framework has a broader function than national intellectual property law because it not only reflects the legal dynamic of a particular industry, but the cultural and artistic practices of a specific, and particularly localised in this case, city.   Haute couture is a demonstration of the complex relationship between local, national, and international modalities of law-making. Haute couture emerged as a niche, city-specific, cultural development yet it resulted in a national framework of regulation that reinforced the centralisation of Paris in haute couture, building and further supporting localisation and sub-localisation in the context of the dense network of fashion houses, ateliers, and schools.


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