scholarly journals Udlevering af lovovertrædere – en retshistorisk undersøgelse af retsgrundlaget og nogle statsretlige overvejelser

2017 ◽  
Vol 104 (3) ◽  
pp. 289-317
Author(s):  
Ole Terkelsen
Keyword(s):  
Legal Protection ◽  
Legal Framework ◽  
Legal Basis ◽  
Legal Questions ◽  
The 1960S ◽  
Principle Of Legality

This article examines the legal framework for Danish extradition as practiced prior to the first extradition acts from the 1960s. First, the article describes the development of international extradition law from a Danish perspective. Agreementsregarding extradition can be found in Danish treaties dating back several hundred years. Second, the article analyses the Danish legal basis of extradition. The lack of legislation until the 1960s has often been criticized by legal scholars,but the topic has not been studied in depth before. The early Danish extradition practice raises fundamental legal questions regarding inter alia the legal protection of foreigners in Denmark, the scope of the principle of legality, and the interpretation of the provisions of the Danish constitution relating to the deprivation of liberty.

scholarly journals “Narrative Museums” and Curators’ Rights: The Protection of a Museum Exhibition and Its Scenario under Polish Law

2020 ◽  
pp. 151-176
Author(s):  
Alicja Jagielska-Burduk ◽  
Andrzej Jakubowski
Keyword(s):  
Copyright Protection ◽  
Legal Protection ◽  
Legal Framework ◽  
Second World War ◽  
Moral Rights ◽  
Legal Questions ◽  
Cultural Experiences ◽  
Museum Exhibitions ◽  
Polish Law ◽  
Second World

Since at least the 1990s, museums have expanded to cover a variety of societal functions, often enabling inclusive and participatory spaces for critical dialogue about the past and the future, and bridging together various narratives and cultural experiences, contributing to social cohesion and reconciliation. The new functions of museums, involving novel technological forms of display and communication, pose several legal questions concerning the management of such institutions, their resources, and exhibitions, including issues of copyright and other intellectual property rights. While referring to a recent case concerning an alleged infringement of the moral rights of the authors of the permanent exhibition of the Museum of the Second World War in Gdansk (MWII), this article examines the scope of copyright protection in new, so-called, “narrative” museums under Polish law. First it briefly scrutinizes main facts and circumstances of this case. Secondly, it discusses the current legal framework on the copyright protection of museum exhibitions under Polish law. Next, in light of the judgment rendered in the MWII case, the standard of legal protection of moral interests resulting from a museum exhibition’s design and its scenario (script) is explored. Finally, the article concludes with a set of observations concerning the extent to which copyright law may serve as a tool for protecting the integrity of museum exhibitions and their original conceptual design.

scholarly journals Likumības princips civilprocesā: formālas lietu vešanas kārtības pamats civillietās

2021 ◽  
Vol 1 (19) ◽  
pp. 110-119
Author(s):  
Ivars Kronis
Keyword(s):  
Civil Rights ◽  
Legal Protection ◽  
Legal Framework ◽  
Legal Regulation ◽  
Civil Procedure ◽  
Legal Norms ◽  
Substantive Law ◽  
Available Information ◽  
Subjective Rights ◽  
Principle Of Legality

Rakstā tiek apskatīts jautājums par likumības principa izpausmi un saturu civilprocesā. Pētījumā tiek aplūkoti likumības principa procesuālie un materiāli tiesiskie jautājumi. In the article, the author examines the matter of the expression and content of the principle of legality in civil procedure, more specifically focusing on the procedural and substantive problems of the principle of legality. Civil procedure is universal as a compulsory form of protection of subjective rights or, in other words, civil procedure is a procedure for compulsory exercise of civil rights, which is reduced to a set of norms that determine the type of actions of both existing legal protection institutions and persons who use this protection or are involved in it in any other way. Legality plays an important role in this regard. Legality means a state of life of the society which, firstly, has a legal framework, which is not logically contradictory and which generally meets the objective needs of this society and, secondly, natural and legal persons respect and follow the legal norms adopted. In civil procedure, this is not only a principle, but also one of the aims of legal proceedings. According to its content, the principle of legality includes, firstly, the requirement that the courts apply the norms of the substantive law correctly and carry out procedural actions in accordance with the legal norms; secondly, the requirement that other participants of the procedure comply with the procedural and substantive legal regulation when adjudicating and considering civil cases in court. Thus, the principle of legality includes procedural and substantive components. The aim of the article is, by analysing the moral-legal content of the principle of legality, to evaluate the aspects of its application. Material and methods used in the study for the empirical basis of the research include scientific works and collections of articles, publications in periodicals and primary sources, laws, internet resources, as well as other publicly available information. Analytical, inductive and deductive research methods have been used in the research.

scholarly journals The International Criminal Court and the Issue of Intersectionality—A Conceptual and Legal Framework for Analysis

2021 ◽  
pp. 1-34
Author(s):  
Gregor Maučec
Keyword(s):  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Legal Protection ◽  
Case Law ◽  
Legal Framework ◽  
Criminal Court ◽  
International Criminal Law ◽  
Strict Adherence ◽  
Principle Of Legality

Abstract A survey of relevant case law of the International Criminal Court (icc or Court) reveals inconsistencies, as well as conceptual flaws and limitations in the Court’s mainly uni-sectional approach to mass atrocities that involve multiple and intersecting forms discrimination, in particular with regard to the cornerstones of such cases—the identification of the protected groups and their members. This has resulted in discrepancies and low levels of legal protection against intersectional targeting. Such a cautious, selective and inconsistent approach of the icc to this issue is unsurprising given that the application of intersectionality in practice is a radical and transformative project. Espousing a more consistent and intersectional approach of the icc in considering mass atrocities against different protected groups and their members, this article discusses the Court’s legal framework and major conceptual and statutory concerns surrounding the icc prosecutor’s and judges’ enhanced engagement—through more progressive law interpretation—with the phenomena of intersectionality and key concepts related to it. The main purpose of this contribution is thus two-fold: (1) to demonstrate and explain why, in practice, the focus on intersectional dimensions of such situations and cases in their selection, prosecution and adjudication does not interfere with strict adherence to the principle of legality underlying the Rome Statute, and (2) to analyse the legal grounds and avenues for the Court to implement intersectionality when dealing with atrocities involving intersectional discrimination. It is ultimately suggested that Article 21(3) of the Rome Statute offers a proper and solid legal basis for interpreting and applying pertinent international criminal law in light of intersectionality.

scholarly journals The International Criminal Court and the Issue of Intersectionality—A Conceptual and Legal Framework for Analysis

2021 ◽  
pp. 1-34
Author(s):  
Gregor Maučec
Keyword(s):  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Legal Protection ◽  
Case Law ◽  
Legal Framework ◽  
Criminal Court ◽  
International Criminal Law ◽  
Strict Adherence ◽  
Principle Of Legality

Abstract A survey of relevant case law of the International Criminal Court (icc or Court) reveals inconsistencies, as well as conceptual flaws and limitations in the Court’s mainly uni-sectional approach to mass atrocities that involve multiple and intersecting forms discrimination, in particular with regard to the cornerstones of such cases—the identification of the protected groups and their members. This has resulted in discrepancies and low levels of legal protection against intersectional targeting. Such a cautious, selective and inconsistent approach of the icc to this issue is unsurprising given that the application of intersectionality in practice is a radical and transformative project. Espousing a more consistent and intersectional approach of the icc in considering mass atrocities against different protected groups and their members, this article discusses the Court’s legal framework and major conceptual and statutory concerns surrounding the icc prosecutor’s and judges’ enhanced engagement—through more progressive law interpretation—with the phenomena of intersectionality and key concepts related to it. The main purpose of this contribution is thus two-fold: (1) to demonstrate and explain why, in practice, the focus on intersectional dimensions of such situations and cases in their selection, prosecution and adjudication does not interfere with strict adherence to the principle of legality underlying the Rome Statute, and (2) to analyse the legal grounds and avenues for the Court to implement intersectionality when dealing with atrocities involving intersectional discrimination. It is ultimately suggested that Article 21(3) of the Rome Statute offers a proper and solid legal basis for interpreting and applying pertinent international criminal law in light of intersectionality.

Development of the Legal Framework for Regulating Relations for the Training and Retraining of Judges in the Soviet Period (1946–1991)

2020 ◽  
Vol 8 ◽  
pp. 39-47
Author(s):  
S. I. Pukhnarevich ◽  
Keyword(s):  
Professional Development ◽  
Soviet Union ◽  
Legal Framework ◽  
Judicial System ◽  
Soviet Period ◽  
Legal Basis ◽  
The Soviet Union

The article shows the formation of the legal basis for the formation, development and functioning of the system of training and retraining of judicial personnel in the country in the period from 1946 until the end of the USSR. The article also explores the forms and approaches to the organization of improving the quality of the staff of the judicial system. It was concluded that the Soviet Union has formed an ideologically oriented, strictly centralized Federal-Republican system of professional development of court employees.

International legal framework for the criminal legal protection of the embryo

2021 ◽  
pp. 296-308
Author(s):  
Nikolai A. Ognerubov
Keyword(s):  
Criminal Law ◽  
Legal Status ◽  
Assisted Reproductive Technologies ◽  
Legal Protection ◽  
Reproductive Technologies ◽  
Legal Framework ◽  
Criminal Code ◽  
International Aspects

In connection with the active development and use of assisted reproductive technologies, protection of the human embryo and its legal status issue is currently being actualized. We make an attempt to reveal and explain some of the international aspects of the criminal law protection of the life and rights of the embryo. We consider the concept of “embryo” not only from the point of view of various scientific approaches (medicine, biology, embryology, jurisprudence), but also from the legislative side. We present and analyze the first mention of the embryo in Roman private law in connection with modern domestic law. We carry out an analysis of international legal acts that provide protection of embryos both “in vitro” and “in vivo”, followed by consideration of specific criminal law norms of foreign countries, namely Brazil and Colombia. We pay attention to some of the most famous cases from the jurisprudence of the European Court of Human Rights in order to understand the applied international legal acts “de facto”. The study also takes into account modern domestic legislation and considers point “g” of part 2 of Article 105 of the Criminal Code of the Russian Federation.

scholarly journals Restrictions of the right of free movement on the territory of the country during the state of emergency, caused by the Sars-Cov-2 pandemic

2021 ◽  
Vol 16 (2) ◽  
pp. 12-62
Author(s):  
Raina Nikolova
Keyword(s):  
Crisis Management ◽  
Emergency Situation ◽  
Legal Framework ◽  
Central Executive ◽  
The State ◽  
Free Movement ◽  
Legal Basis ◽  
State Of Emergency ◽  
The Right

The article analyzes the Bulgarian administrative legal framework on emergencies (state of emergency, crisis management and overcoming, emergency situation and emergency epidemic situation). It indicates the temporary restrictions of the right of free movement of the citizens provided in the legislation. The article discusses the competence of the central executive authorities, interdepartmental bodies and territorial authorities (regional governors and mayors) to deal with a pandemic. The article discusses also the legal basis and justifications for the introduction of the curfew by some of the regional governors and mayors during the state of emergency, caused by SARS-CoV-2 (COVID-19).

scholarly journals PROTECTION OF THE AFRICAN LION: A CRITICAL ANALYSIS OF THE CURRENT INTERNATIONAL LEGAL REGIME

2016 ◽  
Vol 19 ◽  
pp. 1 ◽  
Author(s):  
Samantha Watts
Keyword(s):  
Biological Diversity ◽  
Population Decline ◽  
Legal Protection ◽  
Legal Framework ◽  
Convention On Biological Diversity ◽  
Legal Regime ◽  
Protection Measures ◽  
African Lion ◽  
State Boundaries ◽  
African Lions

This article looks at the current international regime that pertains to the African lion, a species that needs adequate protection across its range (a range that does not adhere to state boundaries). This analysis comes at a time when threats such as habitat and prey loss, retaliatory killing, trophy hunting and trade, are all impacting the remaining populations of African lions. The species is in danger of rapid population decline and possible extinction in the near future. Two decades ago there was an abundance of African lions, roughly 100 000, on the continent. But at present there are less than 32 000, while some believe there to be as little as 15 000 left. This decline is mainly due to the threats noted above. African lions are currently listed as "vulnerable" on the International Union for Conservation of Nature Red List of Threatened Species. This listing is being contested by commentators who believe that the species now requires an "endangered" status. African lion populations, and the threats to the species, extend across state boundaries. Therefore, international law is of particular importance in providing conservation and protection measures to the species. Creating conservation obligations at a global level allows for more uniform action, implementation and enforcement of legislation at regional and local levels. Therefore this article looks at each threat to African lion populations in detail and then assesses the international legal regime pertaining to each of these threats, and whether that regime is adequate. The Convention on Biological Diversity, Convention on the Conservation of Migratory Species, Convention on International Trade in Endangered Species of Wild Fauna and Flora and the Convention on Wetlands of International Importance are but some of the international instruments that are analysed. This article outlines the arguments that the international legal framework is not acceptable for the protection of the species, and addresses both the positive and negative aspects of this regime. It is found that the international legal regime for the African lion is in fact not effective in achieving the protection and survival of the species. Some changes are recommended, and the best way forward through an international legal lens is outlined. The security and viability of the African lion is uncertain, and legal protection of the species needs to be clear to start ensuring their survival in the future. With the increase in threats to the species and African lions already regionally endangered in some parts of Africa, it is obvious that some legal changes need to be made to ensure greater protection of the African lion at an international level.

scholarly journals Implementasi Penerbitan Akta Kelahiran bagi Anak-Anak Terlantar di Kota Denpasar

2021 ◽  
Vol 2 (1) ◽  
pp. 13-18
Author(s):  
Anak Agung Sagung Nandya Pramesti ◽  
Ida Ayu Putu Widiati ◽  
I Nyoman Sutama
Keyword(s):  
Social Service ◽  
Foster Children ◽  
Birth Certificate ◽  
Legal Protection ◽  
Birth Certificates ◽  
Legal Basis ◽  
Neglected Children ◽  
Laws And Regulations

Denpasar City as the capital of Bali Province is currently struggling to overcome the problem of neglected children    Data from the Denpasar City Social Service recorded that in 2019 there were 14 orphanages with 470 foster children. The problem raised in this study is to determine legal protection and its impact on neglected children who do not have a birth certificate in Denpasar City For neglected children in Denpasar City to get a birth certificate has a legal basis which is regulated in the applicable laws and regulations in accordance with the provisions governing the birth certificate of neglected children  The Department of Population and Civil Registry of Denpasar City has issued birth certificates for all neglected children who are applied for by the orphanage where they live  Neglected children who have received a birth certificate will have an impact on their right to identity.

scholarly journals The Legal Aspects of Artificial Intelligence based on the EU Experience

Law and World ◽  
2021 ◽  
Vol 7 (5) ◽  
pp. 8-13
Keyword(s):  
Artificial Intelligence ◽  
Legal Framework ◽  
Legal Aspects ◽  
Public And Private ◽  
Legal Questions ◽  
Technological Advances ◽  
Clear Vision ◽  
Routine Tasks ◽  
The One ◽  
The Eu

In the digital era, technological advances have brought innovative opportunities. Artificial intelligence is a real instrument to provide automatic routine tasks in different fields (healthcare, education, the justice system, foreign and security policies, etc.). AI is evolving very fast. More precisely, robots as re-programmable multi-purpose devices designed for the handling of materials and tools for the processing of parts or specialized devices utilizing varying programmed movements to complete a variety of tasks.1 Regardless of opportunities, artificial intelligence may pose some risks and challenges for us. Because of the nature of AI ethical and legal questions can be pondered especially in terms of protecting human rights. The power of artificial intelligence means using it more effectively in the process of analyzing big data than a human being. On the one hand, it causes loss of traditional jobs and, on the other hand, it promotes the creation of digital equivalents of workers with automatic routine task capabilities. “Artificial intelligence must serve people, and therefore artificial intelligence must always comply with people’s rights,” said Ursula von der Leyen, President of the European Commission.2 The EU has a clear vision of the development of the legal framework for AI. In the light of the above, the article aims to explore the legal aspects of artificial intelligence based on the European experience. Furthermore, it is essential in the context of Georgia’s European integration. Analyzing legal approaches of the EU will promote an approximation of the Georgian legislation to the EU standards in this field. Also, it will facilitate to define AI’s role in the effective digital transformation of public and private sectors in Georgia.

Sign in / Sign up

Export Citation Format

Share Document