National and Ethnic Enclaves in the Modern World: Nature, Regulatory Instruments (Public Law Aspect). Part 2

As part of the study, the author has carried out the analysis of the problems of the risks of emergence of enclaves and defined the immanent threats, including enclavization (the phenomenon of “proto-enclave”) of the territories of some of the largest Russian urban agglomerations. The paper explores actual public law approaches to preventing the formation of national-ethnic enclaves in the Russian Federation (at national and regional levels of legal regulation) and suggests proposals for optimizing relevant approaches. The author substantiates the necessity of developing a comprehensive federal strategy of a framework nature covering the issues of spatial development, economy, social sphere, migration, demography, interethnic, interfaith, cultural policy. In order to implement a dispersed method of national-ethnic groups resettlement, based on the study of the experience of Sweden and Denmark, a position is argued about the rationality of expanding the scope of powers of local governments in the field of registration of migrants, normative fixation of the possibility of migrants living within specific municipalities (several specific municipalities). The author proposes to create unified centers for the distribution (location) of migrants, authorized to issue referrals to work in specific municipalities, taking into account their requests (needs) for a given workforce and reasons for the impossibility of attracting citizens of the Russian Federation living within specific municipalities to the relevant vacancies. Attention is drawn to the need to develop an integrated information resource on vacancies for migrants and on housing options available to them. The author emphasizes the importance of raising the qualification (competence) requirements for the profession and education of migrants, their relationship with integration of migrants into the host community, minimizing the risks of radicalization of the socio-cultural environment of migrant groups.

Religion and Law in the European Union

All three major European supranational institutions—the European Union (EU), the Council of Europe (CoE), and the Organization for Security and Co-operation in Europe (OSCE)—acknowledge the importance of religion within European history and culture and give special recognition to freedom of thought, conscience, and religion. As has been argued elsewhere, the attitude of both the EU and the CoE to ‘religion’ is characterized by seven principles—the value of religion and of non-religion; subsidiarity; religious freedom; religious equality and non-discrimination; the autonomy of religious associations; cooperation with religion; and the special protection of religion by means of privileges and exemptions—principles that may be induced from their laws and other regulatory instruments. In doing so, they seek to maintain a balance between Europe’s religious, humanist, and cultural elements. How that balance and recognition operate in practice, however, is far from clear-cut and is highly sensitive to individual circumstances.

Stakeholders’ Perspectives on Market-based Instruments and Trade Policies for Environmental Goods: Evidence from Malaysia

This article investigates policy constraints for the environmental goods sector in Malaysia based on the dimensions of market-based (including regulatory) instruments and trade policies. In-depth structured interviews with the government and key industry players are conducted, and six overarching themes constraining the efficacy of the instruments and policies were identified. The findings suggest that incentives and loans for this sector are skewed to manufacturers and low-risk projects, respectively. The major policy gaps in this sector are mostly related to procedural issues, namely non-transparent information, non-uniformity of requirements and complex documentation for certification, licensing and permits.

LEGAL INSTRUMENTS IN THE FIELD OF ENSURING THE ENVIRONMENTAL SAFETY OF TRANSPORT ACTIVITIES IN THE MODEL LEGISLATION AND ACTS OF STATES – PARTICIPANTS OF THE COMMONWEALTH OF INDEPENDENT STATES

The paper examines the essence of legislative support and the main elements of the legal mechanism for environmental protection and environmental safety in the implementation of transport activities in the territory of the Commonwealth of Independent States. The author reflects the different approaches of the member States of the integration association to the regulation of this sphere and the general trends of legislation with a view to identifying legal instruments to reduce the harmful effects of transport on the environment. Purpose: to analyze the model legislation of the Commonwealth of Independent States governing environmental protection and ensuring environmental safety and the acts adopted in the member states of the Commonwealth, taking into account the negative impact of transport activities on environmental protection in the context of the development of integration processes. Methods: the author uses the methods of analysis, comparison, systematization, interpretation of legal norms, formal-logical and prognostic, etc. Results: the tasks of ensuring the environmental safety of transport activities are formulated, which make it possible to demonstrate the need for the establishment of legal regulatory instruments in this area and contributing to their identification. The author concludes that there is a need to develop special documents on cooperation in the environmental safety of the Commonwealth member states, which will make it possible to define general guidelines for the creation and implementation of legal instruments to reduce transport harmful effects on the environment. It is argued that there is a need to bring the legal provisions closer together and to deepen positions on legal support in the area under study, taking into account a number of tasks that lead to integrated approaches.

National and Ethnic Enclaves in the Modern World: Nature, Regulatory Instruments (Public Law Aspect). Part 1

National and ethnic enclaves constitute one of the forms of "parallel spaces" materialization (In the entire palette of inherent properties) and, therefore, it is legitimate to qualify them as a unique practice of refraction of the concept of multiculturalism. Historical experience has shown that the presumption of mutual desire for integration based on the recognition of the concept of multiculturalism as a guiding principle of relations (primarily in relation to European states and migrant groups within their borders) did not justify itself due to insufficient consideration of the entire scope of influencing factors (risks). On this basis, the author emphasizes the importance of applying an approach the structure of which includes differentiated complex methodological formulas (political and legal, socio-economic, national-cultural) that encourage harmonization of "foreign" authentic cultures (including religious practices, behavioural patterns in the framework of social environments) with a dominant and historically determined culture of the host community with the recognition of the primacy of its culture (including a heterogeneous nature).Enclaves are viewed as a spatial-geographical and socio-institutional phenomenon. The spatial and geographical component reflects the infrastructure landscape of the enclave, including the inherent economic, production, and environmental features in certain geographical coordinates (at the location). A socio-institutional variable characterizes a community that has appeared and functions by virtue of and within certain groups of co-identity parameters (national, religious, linguistic, legal (usually legal), etc.), emphasizes its inherent connections (internal and external). Under national-ethnic enclaves it is proposed to understand separate quasi-territorial formations, where, due to objectively forced conditions, national minorities (mainly migrant groups) live compactly (permanently or temporarily), adhering to an authentic way of life that differs from the generally accepted way (mainstream) in the host society. The paper highlights the characteristic imperative and optional features of enclaves, emphasizes the heterogeneous configuration of the social structure of enclaves, investigates the reasons for the formation and functions of ethno-national enclaves, identifies the similarities and differences between enclaves and ghettos and ethno-burbes.

MENGARUSUTAMAKAN HALAL LIFESTYLE: ANTARA PELUANG DAN TANTANGAN KAPASITAS PERLINDUNGAN SOSIAL DALAM TREND GLOBAL

The development of the halal industry is moving rapidly and is supported by various groups to the global level. The purpose of writing this article is as an effort to mainstream the issue of halal which is no longer seen as having a religious meaning but has become a global lifestyle with the awareness that halal products have provided comfort and tranquillity as a form of protection for consumers. Writing articles using qualitative methods and data collection techniques using literature studies with the help of the Publish and Perish application on Google Scholar data sources without being limited by the year of publication. Data analysis using the VOSviewer application to identify trends in halal lifestyle topics from various references obtained and then described descriptively. The study shows that the halal lifestyle is constructed by market demands that require halal assurance of a product that is safe and brings peace of mind to consumers, so that it becomes an opportunity as well as a challenge, especially for the people of Indonesia. because the halal lifestyle is increasingly mainstreaming in global life. The concept of halal lifestyle requires strengthening regulatory instruments that can provide legal certainty. In the long term, it can be an indication of the creation of social welfare in the community. Perkembangan industri halal bergerak pesat dan didukung berbagai kalangan hingga tataran global. Tujuan penulisan artikel ini sebagai upaya mengarusutamakan issue halal yang tidak lagi dipandang bermakna agamis, melainkan telah menjadi gaya hidup global atas kesadaran bahwa produk-produk halal telah memberikan kenyamanan dan ketenangan sebagai bentuk perlindungan bagi konsumen. Penulisan artikel menggunkaan metode kualitatif dan teknik pengumpulan data menggunakan studi literatur dengan bantuan aplikasi Publish and Perish terhadap data sources google scholar tanpa dibatasi tahun terbit publikasi. Analisa data menggunakan aplikasi VOSviewer untuk mengenali trend topik halal lifestyle pada berbagai referensi yang diperoleh dan kemudian diuraikan secara deskriptif. Hasil kajian menunjukkan bahwa halal lifestyle dikonstruksi oleh tuntutan pasar yang menghendaki adanya jaminan kehalalan suatu produk yang aman dan membawa ketenangan bagi konsumen, sehingga hal ini menjadi peluang sekaligus tantangan khususnya bagi bangsa Indonesia seiring semakin mengarus utamanya halal lifestyle dalam kehidupan global. Halal lifestyle juga membutuhkan penguatan berbagai perangkat peraturan kebijakan yang dapat menjamin proses rantai produksi yang dipastikan halal, sehingga dalam rentang waktu panjang dapat menjadi indikasi adanya dan bahkan terpenuhinya capaian kondisi kesejahteraan sosial pada masyarakat.

Implications of Urban Law on Urban Renewal Projects in the Historical Center of Lima

The Historic Center of Lima currently shows signs of urban deterioration as a result of the processes of exclusion and spatial segregation that have characterized the intense urban growth of the city of Lima. In the face of this urban deterioration, urban renewal processes are an instrument of transformation that acts as surgery for the recovery and reintegration of deteriorated central areas into the functioning of the current city. As a general, urban law regulates urban problems resulting from the transformation of urban lands, including the deterioration of central areas. In particular, actions in traditional central areas have regulations for the protection of cultural heritage. Therefore, the execution of the urban renewal process requires different regulatory instruments to plan and manage the renewal process, which defines its scope. In this sense, the present research has been proposed to address the implementation process of three urban renewal projects in collective housing located in the Historic Center of Lima; "Casa de las Columnas", the "Conjunto de Vivienda La Muralla" and the "Proyecto Piloto Martinete", to identify the effectiveness of the scope of the legal framework of urban renewal, as well as the procedures of intervention in historic centers and monumental areas. Focus on the analysis of the public administration's management, execution, and control activities in the land transformation process of deteriorated traditional urban areas. The article consists of the following parts. First, some conceptual considerations on urban renewal and its relationship with urban law are presented. The next section provides an overview of the state of the regulatory framework for urban renewal in Peru, which is key to contextualize the analysis of the case studies. The third part presents the study methodology and the limitations of the study. The fourth part presents the case studies and develops the scope of the legal framework of urban renewal in the case studies. Finally, some final reflections and conclusions are presented that establish the important elements that should be considered in the legal framework of urban renewal.

ICMS Ecológico

The Urban Green Areas System (UGAS) performs relevant functions for the quality of life by making cities healthier, which has become even more necessary in the current period of pandemic. However, even with these benefits, the practice of urban management indicates difficulties not only in the implementation, but also in the maintenance of the UGAS. One of the aspects that may explain the challenge of implementing and maintaining green areas in cities is the absence of regulatory instruments and financial incentives that support this system. In this line, in order to contribute to this discussion, one of the instruments that proved to be effective in environmental management will be studied, in this case for the creation and implementation of Conservation Units: the “ICMS Ecológico”. This article will study the characteristics of the UGAS associated with ecological and urban functions; the logic of adopting the “ICMS Ecológico” and will seek to define criteria that can be used for the implementation of a UGAS that prioritizes ecosystem thinking associated with the function of urban health. We started with the discussion about the mechanisms for adopting the “ICMS Ecológico” and followed the analysis of the standards established in the states for its application. As a result, it was found that there are similarities that can be applied to an implementation in the urban green area systems, which allowed the recommendation of criteria that can be used as a reference for the application of the “ICMS Ecológico” to support the UGAS and the promotion of healthier cities.

Deliberation Without Democracy in Multi-stakeholder Initiatives: A Pragmatic Way Forward

Political CSR scholars argue that multi-stakeholder initiatives (MSIs) should be designed to facilitate deliberation among corporations, civil society groups, and others affected by corporate conduct for their decisions to be considered democratically legitimate. However, critics argue that decisions reached within deliberative MSIs will lack democratic legitimacy so long as corporations are granted a role in helping to make them. If the critics are correct, it leads to a paradox. Corporations must be excluded from holding decision-making authority within MSIs if they are to function as democratically legitimate regulatory institutions at a global level. However, this risks severely diminishing the incentive of corporations to support and participate within MSIs, which often depend heavily for their success on the visibility provided them by corporate participants. In this paper, I argue that this apparent paradox should be considered irrelevant to the future study of MSIs since it is both unnecessary and impractical for researchers to focus on establishing democratically legitimate systems of governance within them. Instead, I recommend an approach informed by three touchstones of pragmatic philosophy to guide their future study—a criterion of usefulness, wariness of category disputes and commitment to experimentalism. I conclude by drawing on research in political science and social psychology that demonstrates an important practical role for deliberation within such organizations, arguing that researchers must zero in on the role that inclusive deliberation can play in bolstering their effectiveness as regulatory instruments.

Investigating the Cybersecurity Aspects of the Liberian Government’s Network (GovNet) as a Critical National Infrastructure

One of the most critical national infrastructures (CNIs) in Liberia on which critical e-government services are dependent is GovNet. GovNet is the acronym for Government of Liberia’s (GoL’s) Network, and it is the conduit for connectivity and gateway to the internet for all of the Government’s over 107 Ministries, Agencies, and Commissions (MACs), as well as its e-government programs. Most of the MACs connected to GovNet run siloed ICT environments with little or no cybersecurity mechanisms in place. This paper is an investigation conducted at six MACs that are members of GovNet. The investigation identified several cybersecurity deficiencies at those MACs, due to the absence of vital dimensions or pre-requirements of cybersecurity readiness including the infrastructure (digital infrastructure), capacity (education and skills) and, governance (legal and regulatory instruments). The investigation examines previous and extant literature, conducted interviews with stakeholders of GovNet, and leverages the vast experiences of the author, who is the immediate past Managing Director of LIBTELCO. Recommendations are made for the necessary actions to be taken to remedy those deficiencies in GovNet, and the study’s contribution to the body of knowledge is indicated in the Conclusion.