Nuclear Laws for Peaceful Uses of Nuclear Energy

The development and utilization of nuclear energy is one of the greatest achievements of the 20th century. It has greatly enhanced the ability of humanity to understand and shape the world and had a significant impact on the development of technology and civilization. In the 21st century, the United Nations (UN) has developed the “Millennium Development Goals” and the “2030 Sustainable Development Goals” to promote a comprehensive solution to the world’s social, economic and environmental issues. To this end, nuclear energy offers unique advantages, but the associated risks and challenges of its further development and utilization must be addressed. Nuclear law is a powerful tool for regulating its development and responding to those risks and challenges. The Chinese Government has always developed nuclear energy for peaceful purposes in a safe and innovative way. At the Nuclear Security Summit in 2014, President Xi Jinping proposed adhering to a rational, coordinated and balanced approach to nuclear security and promoting a fair, cooperative and win–win international nuclear security regime. This not only summarizes China’s experience in establishing a nuclear legal framework and developing nuclear industry, but would also strengthen international nuclear governance and promote nuclear energy to better benefit humanity. The international community should fulfil international obligations strictly, implement national responsibilities effectively, and jointly maintain the UN focused international system and international legal order, contributing to the realization of the common goal of “Atoms for Peace and Development”.

Building a Nuclear Security Regime: Questions to Be Asked

This chapter outlines some of the key questions to be asked by a State when considering a nuclear programme and thus a nuclear security regime. In the context of globalization and the emergence of a world in which States are interdependent, it is recognized that the way one State carries out its mission to protect nuclear materials and nuclear activities concerns other States also. In response to this, and despite the reluctance of States to expose their sovereign security practices, an international framework, composed of legally binding or non-binding tools, has been built up with the idea of promoting greater consistency and thus providing guarantees to all States. It is also important, for this one State, to comprehend the national and international context beyond nuclear security within which it falls. This State has then to question itself, in the light of security issues and the fundamental principle of State sovereignty, on the essential concepts that are found in certain components of the nuclear field, such as the positioning of the competent authority, the protection of information, transparency or the place of the operator.

METHODS AND TYPES OF CRIMES COMMITTED IN THE FIELD OF THE FUEL AND ENERGY COMPLEX (ON THE EXAMPLE OF THE SAMARA REGION)

В статье рассмотрены актуальные вопросы уголовно-правовой охраны объектов в сфере топливно-энергетического комплекса Российской Федерации от преступных посягательств корыстной направленности (на примере ТЭК Самарской области). Иллюстрированы отличительные особенности ТЭК Самарской области, наличие разнообразия объектов посягательства. Показаны особенности организованной преступной деятельности в сфере топливно-энергетического комплекса на территории Самарской области, связанной прежде всего с несанкционированным отбором углеводородного сырья и нефтепродуктов из магистральных, промысловых и технологических трубопроводов, а также резервуаров, автоцистерн, железнодорожного подвижного состава и судов. Топливно-энергетический комплекс является одной из ведущих отраслей на территории Самарской области, структурными сегментами которой являются в том числе объекты добычи, хранения, переработки и транспортировки нефти, а также объекты транспортировки, хранения и сбыта нефтепродуктов. Данное обстоятельство требует принятия мер по защите отрасли от противоправных действий. Наряду с охранными, режимными и организационными мерами, которые осуществляют хозяйствующие субъекты, немаловажное значение имеет защита отрасли от преступных посягательств уголовно-правовым способом. В статье приводятся примеры разнообразных видов и способов хищения в сфере топливно-энергетического комплекса и мер по предупреждению преступных посягательств. The article deals with topical issues of criminal and legal protection of objects in the field of the fuel and energy complex of the Russian Federation from criminal encroachments of a mercenary orientation (on the example of the fuel and energy complex of the Samara region). The distinctive features of the fuel and energy complex of the Samara region , the presence of a variety of objects of encroachment are illustrated. The features of organized criminal activity in the field of the fuel and energy complex on the territory of the Samara region are shown, primarily related to the unauthorized selection of hydrocarbon raw materials and petroleum products from main, field and technological pipelines, as well as tanks, tankers, railway rolling stock and ships. The fuel and energy complex is one of the leading industries in the territory of the Samara region, the structural segments of which are: including objects of oil production, storage , processing and transportation, as well as objects of transportation, storage and sale of petroleum products, and therefore this circumstance requires taking measures to protect it from illegal actions . Along with security, regime and organizational measures that are carried out by economic entities, it is of no small importance to protect the industry from criminal encroachments in a criminal-legal way. The article provides examples of various types and methods of theft in the field of the fuel and energy complex and measures to prevent criminal encroachments.

Regional Multilateralism: The Right to Protect, not the Responsibility to Protect, in Africa

The African Union (AU) has rejected R2P and opposed the UN Security Council-authorized military action in Libya for human rights protection, claiming primacy in decision-making on peace and security interventions on the continent. Yet, existing studies have assumed that the right to protect, as the AU established in article 4(h) of the Constitutive Act, is compatible with R2P. Drawing on the concept of regional multilateralism, this article argues that the right to protect involves a unique African logic and ambition, albeit with an extraordinary significance for global security governance. Particularly, the right to protect is a robust, bold, stable, and uncontested international security regime, which favourable Permanent Five members of the Security Council can turn to when facing the twin problems of legitimacy and veto-induced paralysis. However, such P5 members must embrace the AU’s novel principle: continental sovereignty, which underlines the AU’s primacy claims in decision-making in peace and security.

REZIM KEAMANAN MARITIM DALAM PENANGANAN PEMBAJAKAN KAPAL DI SELAT MALAKA

This article describes the form and performance of the Malacca Straits Patrol (MSP) cooperation as a maritime security regime in dealing with maritime piracy in the Straits of Malacca in the year 2008-2020. It is explored and analyzed using a theoretical approach of maritime security regimes, with the concept of maritime piracy, and the concept of maritime security. The research method used is qualitative based on case study and descriptive analysis. Sources of data were obtained from interviews and documentation with validated through triangulation of data sources and negative case analysis. The results of the study found the maritime piracy in the Straits of Malacca led to the development of dynamic threat perspective between littoral states and non-littoral user states depending on the priority of each states maritime interests to the strategic value of the Malacca Strait. This prompted the establishment of the Malacca Straits Patrol (MSP) cooperation as a form of maritime security regime with a cooperative security mechanism that has principles, norms, rules, and decision-making procedures aimed at dealing with maritime piracy of Malacca Strait through four programs: (1) Malacca Straits Sea Patrol (MSSP); (2) Eyes in the Sky Combined Maritime Air Patrols (EiS-CMAP); (3) Malacca Straits Patrol Intelligence Exchange Group (MSP-IEG); and (4) the Malacca Straits Patrol Joint Coordination Committee (MSP-JCC). It has a low level of effectiveness performance as the output product of the regime make outcome changes in the collective behavior of Indonesia, Malaysia, Singapore, and Thailand that optimum comply with a few rules of the game in the implementation of the MSSP, EiS CMAP, MSP-IEG, and MSP-JCC programs, because hampered by lack of capability and mutual mistrust. The results of these performances made the operationalization of the MSP regime to minimum, resulting in the unresolved problem of maritime piracy of the Malacca Strait according to the objectives MSP regime. Recommends for extending MSP to Strait of Singapore; increased capability of MSSP and EiS-CMAP; review the transparency information exchange of MSP-IEG; and increasing awareness and financial support, equipment, and training from interested non-littoral actors to littoral actors to make MSP more effective in dealing with piracy in the Straits of Malacca. Keywords : Straits of Malacca; Maritime Piracy; Maritime Security; Malacca Straits Patrol; Maritime Security Regime

Jihadist prisoners in Spain and the application of the high security prison regime

The presence in Spanish prisons of individuals linked with jihadist terrorism has alerted the authorities to the risk that these prisoners may pose as agents for radicalization and the establishment of organizational structures inside prisons. To address this risk, Spanish authorities have used similar policies to those applied to prisoners belonging to the Euskadi Ta Askatasuna (ETA) terrorist group, subjecting jihadist prisoners to a restrictive detention regime. Based on the data obtained from analysis of the judicial proceedings of 264 individuals imprisoned for jihadist acts and information from the questionnaires completed by 60 prison officers in direct contact with those persons, this article considers whether it is appropriate to indiscriminately apply a high security regime to these types of prisoners.

Palestinian Firms’ Status and Employment Under the Israeli Security Regime: Evidence from Establishment Censuses

The Israeli occupation of Palestine is accompanied by violence and a repressive security regime affecting firms’ operations. We assess firms’ status, and female and total employment during 1997–2017 across region–years seeing differently repressive regimes. Indicators of the security regime come from OCHA-oPt, B’Tselem, and World Bank databases. Data on the entire population of establishments come from five waves of the Palestinian Establishment Census allowing for pooled-cross sectional and limited longitudinal analysis. We find that establishments facing tighter regimes – mobility restrictions, physical violence and building demolitions in their governorate – are more likely to suspend their operations or engage in restructuring, rather than continue operating. Repressive regimes are also associated with falling employment levels and in some cases, falling female employment shares. Repressive regimes are thus damaging to employment in Palestine through several channels. Some establishments do not survive, or enter hibernation. Surviving establishments retain fewer workers.

The UK's proposed new national security regime: a sledgehammer to crack a nut

On 11 November 2020, the UK Government published the National Security and Investment Bill (NSI Bill), which, if approved by Parliament, would allow the Secretary of State for Business, Energy and Industrial Strategy (Secretary of State) to screen and prohibit ‘potentially hostile’ investments that threatened UK national security. The proposed system would represent the most significant change in the UK regulatory environment since the Government ceded the power to approve or prohibit mergers on competition grounds to an independent agency in 2002. The envisaged regime would be among the most wide-ranging and onerous in the world, adding a new layer of mandatory review and imposing non-trivial costs on investments in any company with UK activity. This article describes the UK's existing public interest intervention regime, explains the background to the Government's proposed new regime, including similar initiatives elsewhere in the world, summarizes the principal features of the proposed new UK regime, and considers its potential implications for investments in the UK.

Transnational Law and Feminist Legal Theory

This chapter examines the relationship between transnational law (TL) and feminist legal theory (FLT), focusing on the specific historical and political trajectories advanced by FLT in the transnational context and how they influence understandings of gender, sex, and sexuality in law. It demonstrates how these concepts have come to be understood in women’s human rights campaigns against violence against women (VAW) in both the domestic and global contexts. The chapter sets out how these concepts have been taken up in FLT, which in this overview, includes the poststructural, queer, and postcolonial feminist critiques of these concepts. The chapter then illustrates how in the context of VAW, “solutions” have mainly taken the form of carceral measures and a general tightening of the sexual security regime. The chapter provides a fuller understanding of the transnational effects of FLT and its limitations as a progressive project.