When law enters history: prohibition of crime negationism and its limits in international law

The topic of this article is the interaction between the freedom of expression and the memorial laws concerning historical crimes. The author offers an analysis of the phenomenon of negationism through the prism of international law. The article is based on two interrelated hypotheses. The first is that the prohibition of negationism has a legal foundation in international law only if accompanied by the ability to incite hatred or violence. For this purpose, international and regional European standards on negationism are analyzed. The second hypothesis is that in the practice of implementation of memorial laws, the border between hate speech and legitimate historical denialism becomes blurred. This fact might lead to excessive encroachment upon the freedom of expression. The author offers an analysis of the practice of the European Court of Human Rights as a referential framework for the application of memorial laws in practice aimed at evading these excesses.

The slippery slope to State capture: cadre deployment as an enabler of corruption and a contributor to blurred party-State lines

Drawing on both legal and political sources, this article scrutinises the policy of cadre deployment that the African National Congress (ANC), the ruling party in South Africa, has implemented, and continues to apply. The analysis begins by recalling and commenting on the only reported judgment in South African jurisprudence that dealt with the political influencing of municipalities' exercise of their public power to make appointments, namely, Mlokoti v Amathole District Municipality & another 2009 (6) SA 354 (ECD). What the Mlokoti case has confirmed is that the legal foundation for the exercise of public power is found in the Constitution and its enabling legislation, and not in party political policy, such as the ongoing practice of cadre deployment. In an investigation of cadre deployment, the article then demonstrates that this ANC policy, particularly judging by its stated purpose, is incompatible with the constitutional State and, instead, enables the rise of the shadow State. Unsurprisingly, therefore, political commentators increasingly observe that, apart from the revelations at the Zondo Commission of Inquiry, State capture in South Africa in fact commenced when the ANC assumed political power in pursuit of the National Democratic Revolution. It is argued that the pursuit of a National Democratic Revolution in South Africa is directly at odds with the vision and goals of the 1994 constitutional pact. Convening a bipartisan national convention on philosophical and other approaches to the fight against corruption may offer a solution. Here, a starting point would be to reconsider the country's anti-corruption strategies to pay proper attention to the ethical causes of this scourge.

Fair Competition Review Applying in Tobacco Monopoly of China: on the Practice of Administrative Self-Regulation

Objectives: This article attempts to discuss the practice of China’s fair competition review mechanism applying in China’s tobacco monopoly administrative system as an administrative self-regulation act. Methods: by reviewing the literature, relevant website and applying the liberal interpretation in legal provisions of China, this paper reveals the important reasons behind the establishment of fair review system by the Chinese government —the existence of administrative monopoly and the problems caused by the deficiency of China's existing external regulation. Results: by combing the legal foundation of fair competition review mechanism, this paper responds to the rationality of China's adoption of self-regulation model. Furthermore, through the discussion of the applying of fair review in tobacco industry’s administration, it responds to the practice of tobacco monopoly’s self-regulation. Conclusion: the article concludes that China's fair review system can be partially applied to China's tobacco monopoly.

Safeguarding Equity in Off-Site Vehicle Miles Traveled (VMT) Mitigation in California

Historically, the State of California assessed the environmental impacts of proposed developments based on how it was projected to affect an area’s level of service (LOS). However, as LOS focused on traffic delays, many agencies simply widened roads, which was an ineffective way to reduce greenhouse gas emissions (GHGs). With the passage of Senate Bill (SB)743 in 2013, LOS was replaced by Vehicle Miles Traveled (VMT) as a more appropriate metric by which to gauge the environmental impacts of proposed development. Additionally, SB 743 presented an opportunity for off-site VMT mitigation strategies through banking and exchanges– allowing multiple development projects to fund a variety of strategies to reduce VMT elsewhere in the city or region. While the shift from LOS to VMT has generally been lauded, concerns remain about how to apply SB 743 effectively and equitably. This study aimed to: 1) understand how local governments are addressing this shift toward VMT while ensuring equity, including its approaches to off-site VMT mitigation; and 2) evaluate the various built environment factors that impact VMT, which should be considered by local governments, using both qualitative and quantitative research designs. The study posited that both micro and macro level aspects of the built environment needed to be considered when evaluating the impacts of proposed development on VMT, not only to ensure higher accuracy VMT models, but also because of the potential equity implications of off-site mitigation measures. Using multiple linear regression, the study shows that macroscale built environment features such as land use, density, housing, and employment access have a statistically significant impact on reducing VMT (35%), along with transit access (15%), microscale features such as sidewalks, benches, and trees (13%), and income (6%). More notably, a four-way interaction was detected, indicating that VMT is dependent on the combination of macro and micro level built environment features, public transit access, and income. Additionally, qualitative interviews indicate that transportation practitioners deal with three types of challenges in the transition to VMT impact mitigation: the lack of reliable, standardized VMT measure and evaluation tools; the lack of a strong legal foundation for VMT as a component of the California Environmental Quality Act (CEQA); and the challenge of distributing off-site VMT mitigation equitably. Overall, findings support a nuanced, multi-factor understanding of the context in which new developments are being proposed, both in terms of modeling VMT, but also when considering whether offsite mitigation would be appropriate. The results of this study can help California ensure equitable VMT mitigation that better aligns with the state’s climate goals.

Сharacterization of the legal consciousness of young people and students in modern conditions

The legal foundation of a society is the basis of its existence and effective functioning. The legal consciousness occupies a special place in it. It acts as an integral part of people’s worldview, their life orientations, values and priorities. In Russia, the dynamics of the ongoing changes in the political and legal sphere is largely determined by the rethinking of the events of the recent past and the attempt by various forces of influence to comprehend the present adequately. Such close attention to the phenomenon of legal awareness is due to many changes taking place in the country and society. The consciousness of people in Russia is multipolar. Both internal and external factors influence on its formation, more often they are of a destructive nature. For example, the role of the hybrid war, which has been waged against Russia throughout its recent history and in which young people are actively involved, is great. Attempts to organize and conduct various actions with the participation of young people expose, among other things, the problems of our society, the state of legal awareness of young people involved in these events. This puts forward new tasks for working with young people, primarily students. The article reveals the concept of legal consciousness, considers its structure and types. The authors pay special attention to the сharacterization of the features of the modern legal consciousness in Russia. The article also characterizes legal socialization. Legal consciousness manifests itself in behavior. The authors rely on the results of the study on the legal behavior of young people. The presented factual material makes it possible to identify the cause-and-effect relationships between the legal consciousness and the factors affecting it. The article provides possibilities for the interested persons to use the presented theoretical and practical material in their work on the formation of the legal consciousness of modern Russian youth.

Constıtutıonal and legal basıs for foundatıon and actıvıtıes of the Mıllı Majlıs of the Republıc of Azerbaıjan as a legıslatıve body

This article examines the constitutional and legal foundations of the formation and activities of the Milli Majlis (Parliament) of the Republic of Azerbaijan as a legislative body. As a result of research, the author emphasizes the role of transparent, democratic and fair parliamentary elections at the present stage of development of parliamentarism for the full expression of the interests of the people in legitimate legislative and indirect legislation, the need to restore the practice of mixed elections in the formation of the Milli Majlis. Considers it expedient to use blockchain technology in the elections to the Milli Majlis of the Republic of Azerbaijan by making appropriate changes to the current electoral legislation, and also puts forward other important scientific provisions and proposals aimed at forming and improving the constitutional and legal foundation of the Milli Majlis of the Republic of Azerbaijan.

Comment: Legitimizing Gerrymandering in the Harari Regional State Contrary to the Principle of Equality of Votes

The National Election Board of Ethiopia (NEBE) had rejected the request to enable ethnic-Hararis who reside outside Harari Regional State to vote in the election of Harari National Council members. The Board stated that it is not bound by prior practices that do not have constitutional foundation. The Board further noted that accepting such demand would jeopardize the fairness and impartiality of the Board against other minority ethnic groups whose members reside outside their national state. NEBE argued that article 50(2) of the Harari Constitution contradicts the provision of article 50(3) of the FDRE Constitution. However, based on the Harari National Council’s petition to the Federal Supreme Court, the decision of NEBE has been reversed, and this has been further affirmed by the FSC Cassation Division. This comment examines the legal foundation and propriety of the decisions of the Federal Supreme Court and the FSC Cassation Division. Inter alia, the FSC Cassation Division has misinterpreted a provision under article 50(2) of the Harari Regional State Constitution that expressly refers to the right to be candidate in elections at place of birth as opposed to voting rights irrespective of residence.

Legal Settlement Policy in the Community of Sodong Ponorogo Village: A Comparison Between National Law and Alternative Disputed Resolution (ADR)

In this study, the author must focus on legal and social issues that interact with law at the regional (local), national, regional, and international levels. This is to determine the extent to which legislation meets philosophical, sociological, and juridical values. we know that Indonesia is a country that adheres to the European Continental legal system or Civil Law, actually this system came from the Netherlands which at that time colonized Indonesia for more than 350 years, at that time the Dutch laid the legal foundation "Civil Law" is the oldest legal system and most influential in the world. This legal system stems from the Roman-German tradition. Around the 450th century BC, the Roman Empire made their first set of written rules called the "Twelve Tables of Rome". This Roman legal system spread to various parts of the world along with the expansion of the Roman Empire. This legal system was later codified by Emperor Justinus in the 6th century. The Corpus Juris Civilis was completed in 534 AD. When Europe began to have its own government, Roman law was used as the basis of the national laws of each country. Napoleon Bonaparte in France with its Napoleonic Code in 1804 and Germany with its Civil Code in 1896.

The Protection of General Interests in Contemporary International Law

This book is aimed at analysing the notions of global public goods, global commons, and fundamental values as conceptual tools geared towards the protection of the general interests of the international community. After having provided the readers with a general overview of the abovementioned concepts, the book examines how international law has responded to what qualifies as global public goods, global commons, and fundamental values in a wide range of fields. Moreover, the work also investigates how global governance has improved (or worsened) this response. Authors have discussed which general interests have or have not been deemed to deserve the protection of international law in one or more of the categories under scrutiny, and why; they have also explored the legal foundation of such interests in international law. In addition, they have focused on whether and how it is appropriate that international law intervenes to regulate such interests, taking into account the interplay between the multiple actors of international law, ranging from states, international and regional organizations, and non-state actors. They have further explored how states and other actors have used international law to protect general interests, what lessons can be learned from these efforts, and what main challenges still need to be addressed. Looking at international law through the prism of global public goods, global commons, and fundamental values has also implied an in-depth examination of different substantive regimes, such as, e.g. those regulating human rights, the protection of the environment, and international economic law.

EUROPEAN INSTITUTIONS AND MECHANISMS FOR PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF MILITARY PERSONNEL

Through international treaties, human rights have reached the pinnacle of their legitimacy, being ratified by most countries. Respecting the human rights is the legal foundation for a democratic society in which the military has a defining role. In the comprehensive approach of the European institutions, protecting and promoting the human rights of military personnel are preconditions for regional unity, stability and security. The European documents provide an integrated understanding of the concept of rights and freedoms in relation to the special status of military personnel in society, representing regulated standards of conduct. Promoting the culture of respect for the fundamental values of human rights, both in the process of military education and training, as well as in exercising their specific tasks, represents an instrument for maintaining the order, discipline and morale of the military, ensuring the effectiveness of military actions and an overwhelming factor supporting the achievement of strategic objectives.