Computer Fraud in the Law of Bosnia and Herzegovina and International Standards

PDF HTML阅读 XML下载 导出引用 引用提醒 碳足迹核算的国际标准概述与解析 DOI: 10.5846/stxb201303120405 作者: 作者单位: 北京林业大学环境科学与工程学院,北京林业大学,北京林业大学环境科学与工程学院 作者简介: 通讯作者: 中图分类号: 基金项目: 国家林业局"948"引进项目(2011-4-79); 教育部人文社会科学研究规划基金项目资助(10YJA630159); 环境模拟与污染控制国家重点联合实验室专项经费资助项目(12K09ESPCT); 中国科学院战略性先导科技专项(XDA05140200) Summary and analysis of international standards on carbon footprint accounting Author: Affiliation: College of Environmental Science and Engineer,Beijing Forestry University,College of Environmental Science and Engineer,Beijing Forestry University,College of Environmental Science and Engineer,Beijing Forestry University Fund Project: 摘要 | 图/表 | 访问统计 | 参考文献 | 相似文献 | 引证文献 | 资源附件 | 文章评论 摘要:各种层面上的碳足迹核算在全球气候变化控制领域得到了越来越多的关注.但是,这些关于碳足迹核算的相关国际标准繁多,彼此之间的关系复杂,不利于研究领域和工业界对这些标准进行应用与交流,限制了碳足迹核算的发展进度与深度.对目前已有的国际主要碳足迹核算标准及生命周期评价标准进行了整理,梳理出这些国际标准的一些基本特征,绘制了国际标准之间的关系图;并进一步从生命周期评价步骤的角度出发,解析了各种国际标准在这些阶段上的相关内容,以及每一个阶段上各标准相关规定中的不同特点及逻辑关系.对促进我国碳足迹核算相关研究与实践工作具有一定的理论与现实参考意义. Abstract:As the product carbon footprint is becoming the briefest information of environmentally friendly products, enterprises in 12 countries and regions around the world have already been required to implement carbon labeling system in the form of legislation currently. Carbon label, as an identification system of greenhouse gases emissions caused in the life cycle of product or service, will play a significant role in the reduction of carbon emissions. The calculation of product carbon footprint involves a variety of levels, including the national level, the organization level, the product level, and the product carbon footprint has become one of the research hotspots in the field of global climate change control. As to accounting for the carbon footprint, many countries, regions and organizations are gradually developing their own standards, including the Intergovernmental Panel on Climate Change (IPCC) for the national level, the International Organization for Standardized (ISO) for the corporate and product level, the World Resources Institute (WRI) and the World Business Council for Sustainable Development (WBCSD) jointly for the corporate and product level, the British Standards Institution (BSI) for the product level, etc. The standards based on Life Cycle Assessment (LCA) are as follows: the ISO released the basic LCA standards, the United Nations Environment Programme (UNEP), the U.S. Department of Energy, the National Renewable Energy Laboratory (U.S) released specific LCA standards about the database construction and the analysis of Life Cycle Inventory. As listed above, there are many relevant international standards on carbon footprint accounting, and the relationships among them are complex. However, due to the wide range of relevant international standards on carbon footprint accounting and the complexity of the relationship among these standards, the application and exchanges of these standards are limited in the research and industrial communities. Therefore, this paper sorts and analyses the international standards on carbon footprint accounting. Firstly, through the review of carbon footprint accounting standards and life cycle assessment standards, the basic characteristics of the relevant international standards were outlined and the relatsionship among the international standards was drawn in a diagram. Then, various international standards' provisions were resolved from the point of view of the contents of the various stages of life cycle assessment framework, and it was specific to each point of the various standards' provisions of the different characteristics and logical relations. Finally, the significance of carbon footprint accounting from different levels, the basic characteristics and the relationship among the relevant international standards and the relevant international standards based on the life cycle phases were analyzed. It is of great significance for providing references in research and practice of carbon footprint accounting, providing methodological support for our carbon footprint accounting, and advancing the research process of carbon footprint accounting in China. 参考文献 相似文献 引证文献

A study on the relation between violation of disclosure duty and fraud

Background: The National Health Insurance (JKN) was started from January 1st, 2014, however every year there was a deficit between the income of the Social Security Administrator Healthcare (BPJS Kesehatan) and the money paid to healthcare facilities. One of the causes was the potential for JKN fraud in inpatient services at advanced referral health facilities (FKRTL). As a response, the Ministry of Health, the Corruption Eradication Commission (KPK) and other JKN stakeholders currently are developing a JKN fraud prevention, early detection, investigation and action system.Objective: This research aimed to analyze the implementation of the new information system for potential JKN fraud prevention and detection in inpatient services for JKN participants in RSUP Dr. Soeradji Tirtonegoro as an example of FKRTL.Design: This study used cross-sectional methods in assessing JKN fraud in single episodes of patient care by using JKN fraud indicators in the information system. We identified potential JKN fraud during April-July 2017 from JKN claim data. Reliability of information system was assessed by HOT-Fit research questionnaire (Human Organization Technology and Benefit) and Stata® software.Results: The data shown there was a significant decrease in potential JKN fraud conducted by FKRTL between April-July 2017: in April 14 findings, May 8 findings, June 1 findings, and July there were no findings. Prevention and early detection of potential JKN fraud among hospitalized JKN participants were conducted effectively by using an information system that contains indicators of JKN fraud. Reliability analysis of information system on the patient administration officers (TURP), BPJS Kesehatan officers and hospital internal verification officers resulted in alpha Cronbach value of > 0.8.Conclusions: The results show that the information system is reliable to prevent and early detect potential JKN fraud in inpatient services for JKN participants in FKRTL. Information system is effective and reliable for prevention and early detection potential National Health Insurance fraud in service of inpatient advanced referral health services.

The wide-range of humanitarian crises ongoing today, lack of legal pathways to admission to territory and the evolving nature of migrant smuggling practice have contributed to an upsurge in irregular human displacement and mobility. People moving in what are oft termed “irregular mixed-migration flows” experience an array of well-documented protection challenges and rights violations, at times, amassing to trafficking in persons (This article will use the phrase ‘trafficking in persons’ as defined in Article 3 of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (2000) (Palermo Protocol) recognizing that the Council of Europe Convention on Action Against Trafficking in Human Beings (2005) (CoE Convention) refers to it as ‘trafficking in human beings’). In an attempt to address the specific phenomenon of trafficking in persons as it affects individuals in situations of displacement or migration, the Organization for Security and Co-operation in Europe (OSCE) designed a training simulation exercise aimed at rapidly capacitating key stakeholders in applying relevant international legal and human rights standards through a multi-agency approach. This article takes the simulation as its departure point and evaluates current empirical challenges and best practices for the protection of victims of trafficking found in mixed movements. It will also highlight the difficulties in ascertaining the immigration status of victims of trafficking in such settings and in aligning the approaches of law enforcement and non-governmental organizations (NGOs) in particular. The article concludes with a recommendation that the simulation continues to improve upon the learning part to this learning-by-doing exercise and considers how to better develop trainees’ capacities as agents of change, through the application of that learning once they return home.

Three decades have passed since the Organisation for Economic Co-operation and Development (OECD) promulgated Guidelines on the Transborder Flows of Personal Data, and still the issue of transborde...

DRAFT CYBER-CRIME CONVENTION: Criminalization and The Council of Europe (Draft) Convention on Cyber-Crime

The article considers international legal acts to prevent violent crimes against sexual freedom and sexual integrity of the child. An analysis of international legal acts and legislation of other states shows that today almost all countries of the world have norms, to some extent related to the criminal law protection of public morality. The existence of these norms is due to the need for state control over prostitution, the circulation of pornographic products, as well as the existence of obligations at the level of interstate relations. It is noted that in international practice there are no generally accepted standards of legal regulation of the market of sexual services - in each country special legal approaches are introduced, taking into account national traditions. At the same time, in most European countries, against the background of loyalty to persons engaged in prostitution, stricter sanctions have been introduced than in Ukraine for sexual violence against children. The urgency of the topic is due to the fact that the expansion of the process of European integration of Ukraine requires the implementation of standards of protection of human rights and freedoms recognized in the law enforcement practice. This is especially true of children who, because of psychological, social and personal immaturity, dependence on adults, lack of life experience and many other factors, are least protected from the dangers, including sexual abuse (according to UNICEF, every fifth child in Europe becomes sexually abused). World-wide humanitarian approaches to the protection of the sexual integrity of the child are enshrined in the Geneva Declaration of the Rights of the Child 1924 p., And subsequently in the Universal Declaration of Human Rights 1948 p., The Declaration of the Rights of the Child 1959, the 1989 Convention on the Rights of the Child (ratified in Ukraine 1991 p. .), The Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse. In accordance with international standards, in addition to the punishment of the perpetrators, work should be done with those who have committed acts of a sexual nature, to prevent new violations, as well as to rehabilitate victims. Unlike the EU criminal law doctrine, US federal law addresses the issue of criminal protection of child sexual abuse more broadly, including in the “child sexual abuse” group of acts that have more than direct but also the indirect link with the sexual motivation of the guilty person. These actions are divided into two types by American criminologists: adult and child sexual intercourse (incest) and extramarital sex (pedophilia). At the level of law, most U.S. states punish not only the person who provides sexual services but also the person who uses them (so-called "patronage"). This principle of the American lawmaker seems to be quite relevant because it allows to create evidence base, prevent crime.

Cyber crime is a phenomenon which is often written and spoken about, ever since its inception, in theory, judicial and legislative practice of developed countries and international institutions. It had rapidly developed in the last decade of the 20th century, and in the 21st century its evolution has become even more evident. Countries have responded by introducing new measures in their criminal legislation, in an effort to reconcile traditional criminal law with the demands for perception, investigation and demonstration of new criminal acts. This paper presents and analyzes the most significant European standards adopted in order to create more effective national legislation in the field of combating cyber crime. Standards given in the Convention of the Council of Europe but also the European Union Directives have to a large extent been a guide for national legislations in order to regulate the new situations regarding the misuse of information and communication technologies in the most adequate manner. Among other things, this paper pays special attention to the most important Convention in the field of combating cyber crime, which is the Council of Europe Convention on cyber crime, whose objectives include: harmonization of national legislations with regard to substantive provisions in the field of cyber crime, introduction of adequate instruments in national legislations with regard to process provisions in order to create the necessary basis for investigation and prosecution of offenders in this field and establishment of quick and efficient institutions and procedures for international cooperation.

The article is devoted to the study of mental disorder as a legal fact from a terminological perspective. The scientific analysis of the relevant normative sources carried out by the author made it possible to identify a terminological problem, which consists in the inconsistency of the use of terminology in international standards, criminal law, criminal procedural law, other laws and by-laws of Ukraine for the denoting of mental disorders.
 
 The emergence of terminological diversity at the level of international legal standards is confirmed, in which the terms “mental illness”, “mental disease”, “mental and behavioral disorders”, “mental disorder”, etc. are used. It is concluded that the lack of clear definition in the international legal field has led to incomplete consistency of this terminology in the criminal and criminal procedure legislation of Ukraine. 
 It is analyzed that the criminal procedure law, as well as the criminal law, reflects the use of different terms by the legislator to denote mental anomalies, while the range of categories used differs from the criminal law ones.
 It is found that the relevant Law of Ukraine On Psychiatric Care and the relevant by-laws also use different terminology: mental disorders, severe mental disorders, mental illness, mental and behavioral disorders, etc.
 It is concluded that the legal model of mental disorder is characterized by inconsistency in the use of terminology at the international, sectoral and intersectoral levels. 
 In order to overcome the unjustified synonymy, taking into account the arguments expressed by some experts regarding the expediency of deviating from the use of the terms “mental illness” and “mental disease”, it is proposed to support the proposal to replace these terms in the criminal and criminal procedure law with a more correct and non-stigmatizing category of “mental disorder”.

The present article article examines the legal aspects of influence trading in light of the analysis of the "Criminal Law Convention on Corruption" of the Council of Europe and the legislation of several European countries. In this respect, the article analyzes the main legal framework of the act of influence peddling as defined in the Council of Europe Convention, the legal extent of its action, and the significance of its implementation in the national criminal law of each state. Thus, in this regard, the article analyzes in depth the key aspects of the trade institution under the influence of Georgia, Spain, France, Belgium, and Hungary, as well as the questions of their conformity with the Council of Europe Convention. Furthermore, in terms of comparative legal analysis, the differentiating legal characteristics of the trade institution under the impact of Georgia and the aforementioned European nations are explored.
 Influence peddling, as a form of lever for exerting undue influence on officials through personal relationships, provides a corrupt background to the extent that this behavior undermines the reputation of state institutions and the degree of trust in them in the eyes of citizens. Influence peddling is comparable to lobbying in terms of exerting influence on government officials, which is why several European nations have declined to criminalize it. Hence, the concept of interaction between influence trading and lobbying organizations is extensively investigated. Ultimately, the key legal features of influence trading were analyzed in terms of comparative legal and systematic analysis, and a clear boundary was made between the aforementioned institution and other associated legal activities such as lobbying, legal or other services, and other consulting activities.

Financial Crime Prevention and Control: The Reforms of a ‘Unique’ Jurisdiction under EU Law and International Standards Between 2011 and 2014, the Vatican City State (VCS) experienced a reform process which dramatically changed its financial system. The process is still ongoing, and its goal is to establish an anti-money laundering and counter-terrorism financing (AML/CTF) system. Importantly, this system will be based on the AML/CTF EU legislation and international standards. These facts are noteworthy. First, the reforms cast light on the main Vatican financial institutions against the background of the secrecy that has always characterized their functioning and business operations. Accordingly, there is now more transparency and information about the Vatican financial system. Second, the relevant EU law and international standards are tools through which the VCS can, for the first time, join an international network of countries, sharing and applying the same rules against money laundering (ML) and terrorist financing (TF). This is of extraordinary importance for a jurisdiction like the VCS, which has never referred to European or international principles in its rule-making. In particular, the openness to EU law and international standards stimulates investigating the reasons behind these changes and the impact that these sources of law are having on a jurisdiction regarded as ‘unique’ in the world.

This article looks at the different regulatory approaches on food irradiation, starting with international standards on food irradiation, describing the approach in the US and other third countries, and finally in the EU, where there has been a regulatory standstill since 1999. The current EU approach on food irradiation, which authorises irradiation of certain predefined product categories and sets upper dose limits, does not appear to be in line with the approach used under the relevant internationally-recognised standards, such as the Codex Alimentarius and the International Plant Protection Convention. There are potential legal conflicts between the current regulatory framework on food irradiation in the EU and the international trade framework of the World Trade Organization. Ultimately, the EU must base its measures on scientific principles, on relevant international standards, and choose the least trade-distortive measures that are available (i.e., ensure that they are applied only to the extent necessary to protect human, animal or plant life or health). In 2011, the European Food Safety Authority published new risk assessments on food irradiation, which the European Commission has requested in view of drafting new EU legislation on food irradiation, and which appear to open the way for a fundamental altering of the regulatory parameters (such that food irradiation regulations must be scientifically-justified and in line with the relevant international standards), and seem to weaken the EU stance vis-à-vis the possible instances where the current rules on food irradiation prevent (de jure or de facto) access to the EU market by third countries’ operators and products, particularly those of developing countries.

The article analyzes international standards for the quality and safety of organs for transplantation. Azerbaijan, like other countries, strictly prohibits organ trade. It criminalized the forcible removal of organs, fraud or coercion, and the buying or selling of organs. The objective of the work is to analyze the Oviedo Convention and the Council of Europe Convention on Combating Trafficking in Human Organs, as well as other legal acts, in comparison with the criminal and administrative laws of Azerbaijan. To achieve the objectives of the research, the author of the article used such methods as analysis and synthesis, the formal-legal method and the comparative-legal method. As a result of the research carried out, it was concluded that Azerbaijan should improve its relevant legislation taking into account the norms of these conventions. In particular, the State's priority should be to emphasize the donation of artificial organs and tissues instead of human donation.

Standards for technology have become a significant factor in international trade. Intellectual property (“IP”) is central to the development of standards, particularly in ICT industries. This article explores the relationship between standards, IP and international trade. I focus, as a test-case, on China’s development of a proprietary encryption standard for wireless communications – the WAPI standard. In May 2003, China approved the WAPI standard and decreed that by December of that year, all wireless devices sold or imported into China would be required to incorporate this technology. This mandatory approach would have fractured the world market for wireless products, raising trade law concerns. Under pressure from the U.S., China later suspended its mandate. An uneasy tension arises from obligations in the WTO’s Agreement on Technical Barriers to Trade (“TBT Agreement”) to use relevant international standards, and the possibility that their adoption will entail payment of royalties to foreign IP owners. The claim against China has been that it is focusing on home-grown standards, to the detriment of existing international standards. China has responded that the mandatory adoption of international standards does not come without cost, particularly for developing countries. It has complained of unfair treatment when seeking to participate in the international standards system, contending that IP rights create obstacles to trade. The WAPI case illustrates standards’ indeterminate nature as trade facilitators and indispensable elements of the ICT industry, on the one hand, or potential measures of protectionism when applied inappropriately, on the other. It also highlights the IP dimension to international standards, identifying a source of friction within the system. How do we balance the rights of IP owners to receive ∗ Associate Professor of Law, Suffolk University Law School. B.A., University of Chicago; M.P.P., Kennedy School of Government, Harvard University; J.D., Boalt Hall, University of California, Berkeley. This article is developed from a paper I presented at a conference sponsored by the Stanford Program in Law, Science and Technology: Standardization and the Law: Developing the Golden Mean for Global Trade (Sept. 2005). I want to thank the participants of that conference. My thanks also go to my wife and family. I benefited from the assistance of research librarian Rick Buckingham and students Terrence Jiang and Erik Zilinek. compensation against the interests of those seeking to achieve harmonization by implementing international standards? My claim is that to balance and achieve these objectives, the framework of the TBT Agreement should be extended so that IP rights are properly addressed in the standards development process. In particular, two basic principles – early disclosure of IP rights and declaration of position concerning licensing of those rights – should be integrated into the TBT Agreement as part of its guidelines for international standards. A balanced policy governing IP rights will strengthen international standards and promote harmonization, while supporting the rights of IP owners to receive reasonable compensation.

The vertiginous advance of technology has seen the advent of new forms of crime such as hacking, phishing, child grooming, cracking and denial of service, and also the use of computer networks to commit traditional offences such as fraud, harassment, defamation, intimidation, industrial espionage, and child pornography. It is fair to say that today’s society has become a society of risk. Cyberspace has become a haven for criminality and a platform for organised crime. The specific characteristics of information and communication technologies (ICTs) require a new response from the field of criminal law in order to tackle cybercrime. Thus, it is necessary in some situations to advance the punitive barrier (to use the Spanish expression), that is, to bring forward the moment when the conduct is considered an offence; in others, to reformulate certain criminal concepts in order to adapt to the new scenario; and in still others, to create new criminal offences (though related to existing ones) since the new types of criminal activity do not conform to the definitions traditionally used in criminal law. Furthermore, the cross-border nature of these activities means that an efficient response of the system requires the reinforcement of international cooperation mechanisms; the harmonisation of criminal provisions; and the enhancement of effective procedural instruments, even though this may imply a certain renunciation of sovereignty on the part of the States concerned. This is the main purpose of the creation of supranational regulations, represented above all by the Council of Europe Convention on cybercrime (Budapest, 23.11.2001) and Directive 2013/40/EU of the European Parliament and of the Council on attacks against information systems.KeywordsCybercrimeHackingCrackingPhishingEuropean directive 2013/40/EUCriminal lawTransnationality