Legal Review of the Government's Responsibility in Compensating for the Damage Caused by the COVID-19 Crisis

2022 ◽  
pp. 193-205
Author(s):  
Mohammad Sheikhi ◽  
Nima Norouzi

The onset and spread of COVID-19-related disease and the measures taken by the government to combat it have given rise to several legal issues. The most important of these issues can be considered the government's legal framework in the fight against this disease and the responsibility for compensation. Examining the first issue through Iran's current laws and regulations, it became clear that choosing the appropriate legal framework in the fight against this disease could be more than the basic and ordinary regulations. Instead of creating a national headquarters to fight COVID-19 under council approvals, the Supreme National Security Service shall use the capacities of the crisis management organization and the relevant law and the provisions of Article 79 of the Iranian constitution.

Author(s):  
Douglas A. Irwin

This chapter describes the legal framework that allows firms to petition the government for the imposition of tariffs on competing imports. It introduces the antidumping law as the most commonly used measure to block unfair imports. It talks about the government's definition of “dumping” as a lower price charged in the United States than in a foreign exporter's home market. The chapter also examines the case for providing domestic industries with temporary relief from imports so that they can adjust to foreign competition, including the recently revived “national security” rationale for limiting imports. It looks at countervailing duties, which address foreign subsidies and escape clause, and provide industries with temporary relief from imports without the claim of unfairness.


2016 ◽  
pp. 18-44
Author(s):  
Tri Rusti Maydrawati

This research discusses the protection and management of biodiversity in environmental law perspective. Indonesia has a large biodiversity which needs to be managed and protected. Indonesia has enacted laws and regulations on biodiversity, but they are still weakly and less effectively implemented. Furthermore, it is a fact that regulations stipulated by the government or certain sectors do not still accommodate interests of all parties. Legal issues examined here is whether Act No. 32 of 2009 on the Protection and Management of the Environment has protected biodiversity in Indonesia and how is the implementation of policies in protecting biodiversity during this time. The research results show that Act No. 32 of 2009 on the Protection and Management of the Environment has protected the biodiversity in Indonesia. Implementation of policies about the protection and management of biodiversity during this time can be viewed from the relationship of policy between the government and the regional government, such as the authority and institutions to manage and protect the environment, including instruments to manage biodiversity.


2020 ◽  
Vol 20 (62) ◽  
Author(s):  

This note assesses and makes recommendations regarding bank resolution and crisis management arrangements. The scope of the assessment includes the institutional arrangements for recovery, resolution, and crisis management; the supervision of banks’ recovery plans; the legal regime for bank bankruptcy and resolution; resolution planning by the authorities and addressing impediments to resolution; assuring funding to support resolution; the two deposit guarantee schemes; and the government authorities’ collective preparedness to deal with financial crisis. The authorities relevant to this note are the Ministry of Finance (MOF), the Financial Market Authority (FMA), and the Austrian National Bank (OeNB). Main findings: Recovery and resolution planning are well advanced. Key impediments to resolution have been identified and are being addressed, yet adequate means to ensure sufficient funding in resolution remains to be determined. The legal framework is sound, although additional flexibility could be provided in the bankruptcy regime. The authorities’ collective contingency planning for financial crisis and testing of plans should be intensified. The following paragraphs elaborate on these and other matters.


2021 ◽  
Vol 9 (1) ◽  
pp. 19-31
Author(s):  
Víctor Hugo Ramírez Lavalle

This article pays special attention to the genesis of relations and documents in the field of national security, which determine the relationship between Mexico and the United States, examines its framework and results, as well as the concept and constitutional foundations of national security and defense of Mexico.In this conceptual framework, it is noteworthy that in March 2021 the American delegation, headed by Roberta Jacobson, the former US Ambassador to Mexico, the White House Border Coordinator, arrived in Mexico. Both delegations announced that the talks would focus on ensuring orderly, safe and legal migration in the region and progress in implementing the Comprehensive Development Plan for the Northern Region of Central America, but in fact, the main subject of talks would was US national security. In other words, the regulation of migration flows from Mexico and the countries of the so-called Northern Triangle (Guatemala, Honduras and El Salvador).The topics mentioned above are not new on the US-Mexico bilateral agenda, and in this regard, the government of President Biden seems to revise Donald Trump’s policy on migration, with a special focus on national security, using less aggressive rhetoric, without threats to continue the construction of the border wall, but, in turn, more rigid from a political point of view. In view of the above, it appeared appropriate to present the legal framework, set out primarily in the constitution, on which Mexico relies and which allows it to properly negotiate and at the same time have a clear vision on the current state of national security between the two countries.


2020 ◽  
Vol 12 (20) ◽  
pp. 8297
Author(s):  
Zhi Zhang ◽  
Jenny Paulsson ◽  
Jian Gong ◽  
Ji’e Huan

The booming of three-dimensional (3D) land use brings a change of the connotation of land rights, which will expand “flat” 2D land legislation with 3D land legislation. The legal issues of urban underground space for 3D objects in large cities around the world have been attracting more and more attention. A supportive legal framework is crucial for underground space utilization in a country. This paper analyzes the present 173 representative laws and regulations of urban underground space utilization and management of China from 1998 to 2018, and attempts to interpret the current laws and regulations of underground space from four aspects; by quantity, spatial distribution, legislative force and content. The result shows that poor legal framework of urban underground space in China, including low-level of legislative force, disunity of local legislation standard and absence of special statutes and regulations, are the main reasons causing ownership disputation, registration chaos, as well as no unanimous judicial practice. To address these issues, the paper refers to a case study for underground space legal framework in Japan and aims to form a set of top-down unified legal framework, including basic law, special statutes and regulations, as well as supplementary policies and documents of urban underground space, and proposes that the underground space planning should be incorporated as one essential portion of the master planning in China. By studying the legal system of underground space in Japan and China, this study may offer better insight for those conducting UUS legal framework research as well as serve as reference for countries with similar legal issues.


2021 ◽  
Vol 8 (9) ◽  
pp. 486-499
Author(s):  
Nick Fobih

The purpose of this study is to examine some of the major constitutional and legal issues that are imperative in Ghana’s public administration. Despite Ghana’s success in promoting democratic governance over the past decades since the 1992 transition, numerous constitutional and legal issues affect effective policy design and implementation that require urgent governmental reforms. The study discussed the constitutional and democratic theories as the basis of the work. The methodology used is based on the qualitative approach with combined sources from primary and secondary data. The findings in the study show that certain aspects of Ghana’s constitutional provisions and legal framework do adversely affect its policy design and implementation in diverse ways. The significance of the study is that the outlined challenges and recommendations will inform the government and key policy makers on the need to make effective policies in order to enhance the country’s political and socio-economic development. The study’s implication for theory is that it will inform its readers about the different theoretical perspectives on the issues discussed. The study also provides key insights into important issues in Ghana’s constitutional provisions, and the legal and policy environment, which can serve as useful tools or instruments for policy makers in the three organs of government and the bureaucracy. This study further contributes towards academic discussions on the viability of the constitutions drawn by authoritarian regimes prior to the third-wave democratic transitions in Africa, and the difficulties some of these constitutional provisions pose to making effective policies and governance, thus emphasizing the need for constitutional reviews.


Author(s):  
Ian Leigh

This article discusses the legal framework within which security and intelligence agencies operate in the United Kingdom. It first discusses the legislative charters of the three main agencies. Following the discussion on the legislative charters of the Security Service (M15), the Secret Intelligence Service (SIS or M16), and the Government Communications Headquarters (GCHQ), the article discusses the accountability these three agencies to the ministers, Parliament, and the judiciary. The article concludes with a discussion on the significant impact of human rights standards upon the agencies's work and current and future trends.


2019 ◽  
Vol 3 (1) ◽  
pp. 39-62
Author(s):  
Asram AT Jadda

This research discusses the protection and management of biodiversity in environmental law perspective. Indonesia has a large biodiversity which needs to be managed and protected. Indonesia has enacted laws and regulations on biodiversity, but they are still weakly and less effectively implemented. Furthermore, it is a fact that regulations stipulated by the government or certain sectors do not still accommodate interests of all parties. Legal issues examined here is whether Act No. 32 of 2009 on the Protection and Management of the Environment has protected biodiversity in Indonesia and how is the implementation of policies in protecting biodiversity during this time. The research results show that Act No. 32 of 2009 on the Protection and Management of the Environment has protected the biodiversity in Indonesia. Implementation of policies about the protection and management of biodiversity during this time can be viewed from the relationship of policy between the government and the regional government, such as the authority and institutions to manage and protect the environment, including instruments to manage biodiversity


2020 ◽  
Vol 11 ◽  
pp. 97-116
Author(s):  
Aminuddin Mustaffa ◽  
Mohd Badrol Awang ◽  
Nazli Ismail Nawang ◽  
Yusramizza Md Isa @ Yusuff

Preventive detention refers to the incarceration of an individual who has not yet been convicted, to prevent him from causing harm or endangering the community in some unspecified way. It can be seen as the deprivation of an individual’s liberty based on the belief that he may be a danger to others. The issue of preventive detention of children is very controversial and has attracted debate among various legal scholars. In Malaysia, provisions contained in specific statutes that aim to prevent terrorism or threats to national security have been invoked to justify the preventive detention of children. The practice and application of these statutory provisions on children have been subjected to various criticism. This paper aims to analyze current Malaysian laws pertaining to the preventive detention of children. It encompasses qualitative research of doctrinal and comparative nature. It will critically analyze legal issues in this area with reference to international standards and practices of other legal systems. The study concludes that the legal reform of the current Malaysian legal framework on this aspect is urgently needed to protect the rights and interests of children during the juvenile justice processes. Therefore, the study provides recommendations towards the improvement of the existing laws and policies on the preventive detention of children.


Author(s):  
Anastasia Тrofymenko ◽  

Information and propaganda influence is one of the key components of the hybrid aggression of the Russian Federation in the South-East of Ukraine. RF effectively uses propaganda "messages" designed to take into account the stereotypes of the mass consciousness of certain target audiences, and the Russian media successfully work with the international audience, which discredits Ukraine's image in their eyes. Ukraine was unprepared for the information war unleashed by the aggressor, the development of the propaganda sphere of which significantly prevails, the Ukrainian legal framework for information security and information warfare was extremely insufficient. Information operations and propaganda campaigns by the aggressor state, which are unfolding at the global, regional and local levels, have necessitated the rapid development of effective mechanisms to counter information aggression. The purpose of this article is to establish the legal basis for information security of Ukraine in the face of Russian aggression, to identify key legal mechanisms in this area. The study was conducted on the basis of an analysis of a wide range of sources, which are represented by laws and regulations of Ukraine. This allowed the author to present an analysis of the basic legal framework for information security and counteraction to information aggression by the Russian Federation in Ukrainian legislation. The article defines the content of Russian information aggression, highlights the place of the information component in the process of ensuring the national security of Ukraine at the present stage. The main provisions of the basic regulations of Ukraine on the protection of information sovereignty (National Security Strategy of Ukraine, the Doctrine of Information Security of Ukraine, certain laws and regulations of Ukraine), which define information security as one of the most important functions of the state, reveal the primary threats to national security in the information sphere , set priorities for information security, stipulate mechanisms for counteracting information aggression. The study of Ukrainian legislation allowed the author to establish key legal principles for combating information aggression, such as follows: - identification of information and psychological warfare as an urgent threat to national security; - establishment of the institutions responsible for information and psychological security, addition of the function of protection of information space to the competence of existing public authorities (Ministry of Information Policy, National Security and Defense Council, CMU, Security Service of Ukraine, Ministry of Culture, intelligence agencies, State Service for Special Communications and Information Protection, etc.); - protection of information television and radio space and the market of printed products by banning access to the Ukrainian market of materials aimed at eliminating the independence of Ukraine, promoting a positive image of the authorities of the aggressor state, justifying the occupation of Ukraine; - setting quotas for the national audiovisual product; - ban on popularization of the aggressor state and calls in its favor during touring events in Ukraine; - condemnation and elimination of symbols of the communist totalitarian regime; - development of means and tools to respond to aggression in cyberspace; - improvement of professional training in the field of information security, introduction of national educational programs on media culture, etc.


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