Complex Legal Research Articles

Psychological-Pedagogical Interaction and Its Social Importance in the Formation of Teacher’s Empathy Towards the Student

Modern education in Russia, in practical pedagogical activity, becomes a relatively legal complex of ensuring national interests in the conditions of modern Russian statehood, determining the significant needs of not only the individual, but society. It is very characteristic that in this interpretation the need to obtain professional knowledge becomes a significant element not only in substantive activities, but also in the process of social contacts in society. In this context, the relationship between direct and collective communication is relevant, which allows, from the point of view of psychological processes, to organize interpersonal relationships at all levels of interaction. The purpose of our research is to develop the scientific foundations for studying the process of “teacher-student” interaction, when considering pedagogical perception in modern science, classifying it as the interaction of the general and the particular. Such communication between a student and a teacher on the basis of competent and correct perception becomes significant in the process of perception as a condition for success in the formation of a specialist, which in itself is relevant for improving the modern educational process. The research methodology is based on a theoretical analysis of the basic scientific principles related to the psychology of communication when studying the level of communication skills, emotionality and thinking of an individual. The information and empirical base was a psychological and pedagogical analysis of social interaction in the formation of the teacher’s empathy towards the student. The object of the study is mutual relations in the process of communication in modern education. The scientific novelty lies in the formation of the author's conceptual approach to the model of a quality educational process through interpersonal communication between the teacher and the student, taking into account the psychology of the individual.

Promoting Effective Refugee Protection in India: Balancing National Interests and International Obligations

This paper explores the situation of refugees in India, particularly Sri Lankan and Rohingya refugees who are seeking asylum in India and face the issue of statelessness due to the lack of a concrete refugee law in India. The Foreigners Act 1946 of India defines foreigners as individuals who are not Indian citizens and requires non-citizens to possess government-issued documentation. Failure to possess such documents exposes individuals to penalties outlined in section 14 of the Act, including potential imprisonment and fines. The Act also grants the government the authority to detain and deport foreign nationals residing unlawfully in India. Furthermore, the Citizenship Amendment Act, 2019 (“CAA”) addresses the plight of religious minorities, excluding Sri Lankan, Rohingya and other refugees, as it only applies to refugees from Afghanistan, Bangladesh, and Pakistan. The CAA allows eligible Hindu refugees who entered India before December 31, 2014, to obtain Indian citizenship. The absence of a concrete refugee law in India, coupled with concerns over the potential impact of the CAA on India’s secular constitutional fabric, has raised international apprehension. It is important to note that India is not a party to the Convention Relating to the Status of Refugees, 1951, and its 1967 protocol, limiting its refugee protection obligations. By analysing relevant legal sources, judicial decisions and international standards, this paper aims to provide a comprehensive understanding of the legal complexities surrounding refugee protection in India and the implications of the CAA within the context of India's international obligations. Keywords: Refugee; International Law; India; Secularism; Domestic Law.

BEST PRACTICES IN STRATEGIC PROJECT MANAGEMENT ACROSS MULTINATIONAL CORPORATIONS: A GLOBAL PERSPECTIVE ON SUCCESS FACTORS AND CHALLENGES

In today's highly competitive and dynamic business environment, multinational corporations (MNCs) face unique challenges in managing strategic projects across diverse geographical locations. This review explores the best practices in strategic project management from a global perspective, focusing on the critical success factors and challenges encountered by MNCs. Successful strategic project management in MNCs necessitates a comprehensive understanding of various factors, including cultural differences, regulatory requirements, and market dynamics across different regions. The review highlights the significance of effective communication, cultural sensitivity, and stakeholder engagement as fundamental success factors in managing projects within MNCs. Additionally, it emphasizes the importance of aligning project goals with overall business objectives to ensure strategic relevance and value creation. Challenges faced by MNCs in strategic project management include coordination and integration issues arising from diverse organizational structures, conflicting priorities, and resource constraints. Furthermore, navigating through geopolitical uncertainties, legal complexities, and compliance requirements presents additional hurdles for MNCs operating across multiple jurisdictions. Drawing on insights from academic literature and industry practices, this review provides an overview of best practices adopted by successful MNCs to overcome these challenges and achieve project success. It discusses the significance of establishing standardized project management frameworks, leveraging technology for virtual collaboration, and fostering a culture of innovation and adaptability within the organization. this review underscores the importance of adopting a holistic approach to strategic project management in MNCs, integrating people, processes, and technology to drive sustainable growth and competitive advantage in an increasingly globalized business landscape.
 Keywords: Project Management, Multinational Corporation, Global Perspective, Best Practices, Review.

Legal Dimensions of Virtual Rape: Contemporary Issues and Challenges

The realm of virtual environments has introduced novel challenges to the legal landscape, particularly concerning the phenomenon of virtual rape. This paper delves into the intricate legal dimensions surrounding virtual rape, exploring contemporary issues and the challenges they pose. Through a comprehensive analysis, it examines the evolving nature of virtual interactions, the complexities of consent in digital spaces, and the legal frameworks governing such offenses. By scrutinizing law, theories, philosophy, and jurisprudence, this study sheds light on the multifaceted nature of virtual rape and offers insights into navigating its legal complexities in modern society.

Artificial Intelligence-based Legal Application for Resolving Issues Related to Live-In Relationship

INTRODUCTION: The societal landscape in India has witnessed a very transformative shift in the perspectives on relationships, with an increasing prevalence of live-in couples challenging the traditional norms of marriage. However, this ongoing trend has brought about a huge surge in legal complexities, including recognition, partner rights, property disputes, and inheritance issues. This study proposed an innovative approach that leveraged the potential of Artificial Intelligence and Automatic speech recognition for the registration and redressal of live-in relationship matters.
 OBJECTIVES: This research explores and seeks for the optimization of the resolution of live-in relationship disputes which occurs in the legal perspective with the help of an AI-based platform. The primary goal of this research was to overcome the physical barriers while ensuring the correct accessibility to legal procedures for the registration and addressing of the grievances related to live-in relationships. 
 METHODS: Here, the methodology followed, starting from the thorough review which was conducted using different resources from Scopus, PubMed, and ResearchGate. This research explored the increasing complaints and varying victim counts in live-in relationship cases. This finally attributed to these issues to a lack of physical access to legal remedies.
 RESULTS: This study also emphasized the major significance of AI-driven redressal processes in the real-time alleviation of the hurdles and challenges associated with live-in relationship cases. The proposed framework and platform aimed to offer an alternative means for the individuals who were unable to physically approach the authorities, facilitating a more efficient and seamless way of legal resolution more quickly.
 CONCLUSION: This study advocates for the integration of AI and AST technologies in the legal domain, specifically for addressing live-in relationship issues. The implementation of such a system had the potential to bridge gaps in its accessibility, thereby contributing to a more inclusive and efficient legal framework for individuals who are passionately involved in live-in relationships.

Shaping the future of AI in healthcare through ethics and governance

The purpose of this research is to identify and evaluate the technical, ethical and regulatory challenges related to the use of Artificial Intelligence (AI) in healthcare. The potential applications of AI in healthcare seem limitless and vary in their nature and scope, ranging from privacy, research, informed consent, patient autonomy, accountability, health equity, fairness, AI-based diagnostic algorithms to care management through automation for specific manual activities to reduce paperwork and human error. The main challenges faced by states in regulating the use of AI in healthcare were identified, especially the legal voids and complexities for adequate regulation and better transparency. A few recommendations were made to protect health data, mitigate risks and regulate more efficiently the use of AI in healthcare through international cooperation and the adoption of harmonized standards under the World Health Organization (WHO) in line with its constitutional mandate to regulate digital and public health. European Union (EU) law can serve as a model and guidance for the WHO for a reform of the International Health Regulations (IHR).

Judges under stress: Legal complexes and a sociology of hope

Judges under stress: Legal complexes and a sociology of hope

The language and landscape of the law in relation to consent in minors

SUMMARYThis commentary reflects on two articles on consent in those under 18 years of age, known in law as ‘minors’. I consider why the language and landscape of the law in relation to consent in this age group can be alienating to psychiatrists, interrogate the legal complexities regarding consent in children and adolescents, refer to key aspects of relevant case law and end with practical suggestions that might improve clinical practice with cases that have the potential for legal complexity.

Assessing Religious Obligations: A Phenomenological Approach to Value and Legal Perspectives

This research begins an effort to overcome the complex challenges of formulating the concept of religious obligations among diverse Indonesian society. This study emphasizes the importance of understanding aspects of these obligations in the context of Indonesia's national ideology, Pancasila, which emphasizes the principle of Belief in One Almighty God. Facing the legal and ethical complexities involved, this research uses a juridical-normative approach as an analytical framework to examine and understand policies surrounding religious obligations in Indonesia. The juridical-normative approach is very useful in identifying and interpreting government policies and societal norms that influence religious adherence in a country. Although the Indonesian government does not strictly require its citizens to adhere to only officially recognized religions — namely Islam, Christianity, Hinduism, and Buddhism — there is a fundamental tension between formal recognition and actual practice. The research results show that in practice, adherents of local beliefs such as Sundanese Wiwitan, Kaharingan, and Parmalim, which are inherited from generation to generation, often face discrimination that is contrary to the spirit of the first principle of Pancasila. This research illustrates the tension between official lists of religions and the reality that not all spiritual denominations are treated equally. This gap between policy and practice raises questions about the consistent application of Indonesia's constitutional law and the basic ideology of Pancasila across the diverse religious spectrum. This study aims to be a first step to further explore and discuss the complexity of religious obligations and freedom in Indonesia, especially in the context of the legal and ethical framework.

THE UNIFORM CIVIL CODE: A COMPREHENSIVE ANALYSIS OF ITS INFLUENCE ON FAMILY LAW AND SOCIAL DYNAMICS

The UCC is a contentious issue in India, with implications for family law and social dynamics. This paper provides a comprehensive analysis of the UCC, examining its constitutional foundation, judicial observations, and the need for its implementation. It explores the challenges and concerns surrounding the UCC, including religious and cultural heterogeneity, political sensitivity, legal complexity, and societal acceptance. This paper examines the complex issue of implementing a UCC in India, focusing on the implications for family law. It outlines the constitutional basis for personal laws and judicial perspectives on a UCC over the years. The analysis finds that while the Indian judiciary has made obiter dicta observations supporting Article 44 on UCC to promote national integration, there is also recognition of India's diversity and that the mere existence of difference does not imply discrimination. The paper summarizes the Uttarakhand UCC Bill 2024 which banned polygamy and child marriage, aiming to fulfil the BJP's long-standing promise of UCC. Concerns around implications for religious freedom and minority rights are discussed. It is concluded that implementing UCC requires constructive dialogue between stakeholders to uphold individual rights while fostering social cohesion. A balanced approach considering India's heterogeneity is needed. The analysis suggests the Uttarakhand Bill signifies a major step but practical challenges around cultural and religious diversity, politics, law and societal acceptance need thought and collaboration. The paper ultimately argues that while UCC has been backed as an equality and secularism-promoting idea, its realization necessitates understanding the legitimate concerns of minorities while prioritizing national consolidation. India and promote equality, secularism, and a cohesive legal structure for all individuals. KEYWORDS: Uniform Civil Code, Family Law, Social Dynamics, Constitution, Hindu, Marriage.

Irreconcilability and the Role of the CJEU post-Brexit

In the latest court decision in the context of the “Prestige” case, post-Brexit legal complexities came to the forefront. The “London P&I Club” contested a Spanish court’s decision demanding compensation for an oil spill. Invoking arbitration, the Club sought to prevent enforcement of the Spanish judgment in the UK. However, the CJEU ruled the arbitration couldn’t block the Spanish judgment’s recognition. Challenging this, Justice Butcher of the London High Court found the CJEU had overstepped its jurisdiction. He concluded the arbitration proceedings could indeed impede the Spanish judgment’s enforcement, highlighting tensions between UK courts and CJEU post-Brexit, and raising critical questions about arbitration’s role in international disputes and the principles of irreconcilability and public policy.

Scaling laws: legal and social complexity in US localities.

Law sets out the rules for society and the economy, particularly important for interactions between strangers. Legal code is a form of non-rival infrastructure, a public good important for investment and innovation. This paper investigates whether legal code complexity scales with population size in US localities. We analyse a corpus of municipal codes from 3259 cities and measure legal complexity using various metrics, including number of words, bytes, and compressed bytes. We find that legal complexity scales geometrically with jurisdiction population, with a scaling parameter of approximately 0.2 and an [Formula: see text] of approximately 0.2. The estimated scaling parameter is similar to gross domestic product per capita, consistent with an interpretation of legal codes as regulating social interactions per capita in cities. This article is part of the theme issue 'A complexity science approach to law and governance'.

Words or code first? Is the legacy document or a code statement the better starting point for complexity-reducing legal automation?

Law is a critical tool that humans have created to assist them in managing complex social interactions. Computational Law holds the potential to significantly enhance our capacity to express and manage legal complexity, and a number of advantages can result from restating public and private legal rules in computable form. Capturing that potential depends in part on the approaches taken to automation. One set of choices involves whether to translate directly into code from existing natural language statements of laws, regulations and contracts or whether to step back, envision the basic structure underlying those statements and build a software approach that reflects that structure in a code-native manner. We argue that many advantages can flow from the second approach, and we present a specific use case of a simplified insurance policy as an example of this approach. Large language models may assist in this process, but are not yet a replacement for a code-native utility. This article is part of the theme issue 'A complexity science approach to law and governance'.

Supportive Interventions of Chinese Police in Domestic Violence: Do Officer Knowledge and Training Matter?

Policing domestic violence (DV) poses significant challenges in China due to cultural, legal, and organizational complexities. Policing DV in China favors mediation over assertive interventions, complicating law enforcement's role. While previous research has focused on coercive interventions by Chinese police, there is limited information on non-coercive, supportive approaches. This study investigates the relationship between police officers' knowledge and training regarding the Anti-DV law and their willingness to provide supportive services to DV victims in China. It also considers various individual and organizational factors. The data used in this study are derived from the Policing DV in China project, with a sample of 1,353 respondents who had experience dealing with DV cases within the past 3 years. The study focuses on three dependent variables representing supportive approaches to DV cases: Referral, Counseling, and Protection orders. Independent variables include officers' knowledge of the Anti-DV law and agency training. Control variables include the use of body-worn cameras (BWC) and attitudes toward Violence Tolerance, Male Dominance, and Gender Equality. Additionally, demographic variables, working environment, length of service, and police rank are considered. The analytical approach involves a three-step strategy, incorporating descriptive, bivariate analyses, and regression analyses. The results are interpreted using odds ratios and average marginal effects, and statistical software such as SPSS by IBM and R by Open-Source Model is utilized for data analysis. Key findings indicate that more than half of the officers referred intimate partner violence survivors to shelters and assisted victims in filing protection orders. Counseling practices varied across provinces and between male and female officers. Agency training and the use of BWC were positively associated with non-coercive and supportive approaches, while knowledge of the DV Act, male dominance score, and gender equality score did not predict the use of such approaches. Demographic characteristics, including police rank, length of service, and province of employment, influenced the utilization of non-coercive and supportive approaches. This study examines the challenges faced by Chinese police officers when responding to DV cases and their willingness to provide supportive interventions. The study highlights the complexities surrounding the initiation of protection orders due to officers' legal knowledge and discretion. The study emphasizes the importance of police support in addressing DV in China and the role of agency training in promoting non-coercive responses. It highlights regional variations in police support and underscores the need for addressing disparities in service provision across different provinces.

POPULAR CONSULTATION IN MEXICO

The aim of this work is to analyze the shift from a representative democracy to a participatory democracy, allowing citizens to have a greater involvement in decisions corresponding to the State through mechanisms such as the popular consultation. Additionally, the constitutional framework and secondary laws are examined to scrutinize the arguments put forth by the Supreme Court of Justice of the Nation, as well as by legislators, regarding the popular consultation. Key arguments linked to various articles, particularly those related to Human Rights, established in the Political Constitution of the United Mexican States, are unraveled in the cited examples of attempts to carry out the popular consultation, concerning issues such as the energy sector, political matters, or labor. In conclusion, this inquiry addresses the legal complexity for the first-time implementation of the constitutional framework of the popular consultation, reflections that contribute to a better understanding of the background and current situation of this participatory democracy mechanism in Mexico.

Navigating the legal complexities of telesurgery in China: An assessment of tort liability and the path forward.

This study investigates the legal challenges posed by telesurgery, an emergent healthcare modality facilitated by advancements in 5G and Artificial Intelligence. It highlights the urgent need for a comprehensive legal framework reconciling the complexities of healthcare delivery and technology integration. The paper examines the Chinese adjudication of negligence and the evidentiary hurdles in telesurgery, interrogating the application of the 'reasonable doctor' standard, the intricate causation-negligence nexus and the distribution of evidentiary burdens. The analysis contends that current statutes require revision to apportion telesurgery-induced damages fairly. Further, it proposes the formation of multidisciplinary committees to oversee medical technology, calls for systemic reforms, more reasonable liability differentiation and fortifying medical insurance frameworks.

Memorial Law: National and International Aspects

Introduction. This article conducts an interdisciplinary study of memory policy, which includes terminological explication and legal analysis of concepts similar in meaning, assessment of the relevance and need to legalize terms related to memory policy, determination of the effectiveness of official memory policy, prediction of its political and social consequences in the long term and exploring the normative limits of national memorial legislation. The purpose of the study is the conceptualization of memorial law.Materials and methods. The main research method is participant observation of the processes of implementation in Russian society and abroad of the concepts of national, historical and social memory, as well as the construction of norms and regulations for establishing legal relations in the field of conservation of military memorial heritage objects. Methods of express diagnostics of problem situations, legal assessment of incidents, sociological and expert surveys (including questionnaires and testing), and modeling were used.Research results. As a result of the study, the need to develop a special federal law on the protection of the military memorial heritage of the Russian Federation, as well as the development of an international (universal) Charter (Convention) on the protection of military memorial heritage sites formed as a result of the Second World War, was substantiated. Discussion and conclusion. It has been established that there is no single position in the scientific community regarding the need for memorial legislation. This largely depends on the political and ideological preferences of a particular author. At the same time, it was concluded that in legal science the conceptual foundations for the formation of memorial law as a special legal complex for the preservation, transmission and protection of historical memory and memorial (war memorial) heritage have been poorly studied. In addition, both at the level of legal doctrine and according to law enforcement practice, the issue of the status and legal means of preserving military memorial heritage has been practically not studied. In this connection, the authors propose the development of a Union Nation Charter for the Protection of Military Memorial Heritage for the purpose of holistic and comprehensive legal regulation of the area under study.

The EU’s Anti-coercion Instrument: A Return of Unlawful Unilateral Trade Countermeasures in Disguise?

The European Union (EU) adopted an Anti-Coercion Instrument (ACI) to counter economic coercion and weaponization of economic dependencies. This article analyses the potential application and interaction of the EU’s ACI with the World Trade Organization’s (WTO’s) legal framework. In particular, the article examines the EU’s claim that the ACI is solely governed by general customary law, justifying countermeasures in response to unlawful economic coercion. A closer look reveals the legal complexities and challenges associated with implementing the ACI within the broader context of the WTO. Actions taken under the ACI that seek redress for WTO law violations could potentially be in violation of the WTO’s Dispute Settlement Understanding (DSU). Additionally, justifying a violation of WTO law based on the enforcement of general customary law on countermeasures is unlikely to be accepted. While it is difficult to evaluate the ACI’s application in theory, the article also questions the validity of public morals and national security as justifications for response measures under the ACI. The outcome of potential WTO litigation pertaining to the ACI is difficult to address in the abstract, yet future cases hold the potential to provide further clarity on the interplay between the WTO regime and general international law. Anti-Coercion Instrument, Open Strategic Autonomy, Economic Coercion, Countermeasures, WTO Dispute Settlement Mechanism

Beyond Borders: Unpacking us Military Involvement in Afghanistan as a Case Study in the Islamic World

Purpose: This study seeks to assess the adherence to international law in the 2001 U.S.-led military intervention in Afghanistan, prompted by the September 11 attacks. Additionally, it aims to investigate the impact of the Greater Middle East Initiative on U.S. policy towards the Islamic World, specifically Afghanistan, providing insights into legal intricacies and broader consequences. Theoretical Framework: This article engages in discussions among Western scholars on the Afghanistan war and U.S. military involvement but distinguishes itself by incorporating insights from Middle Eastern scholars. It aims to enrich the discourse by integrating perspectives from within the Middle Eastern scholarly community, offering a comprehensive view of these complex subjects. Methodology: Employing historical, descriptive, and in-depth analytical research methods, this study examines events around September 11, 2001, providing essential context for the subsequent U.S. military intervention. Descriptive methods offer a detailed account of the post-9/11 shift in U.S. policy, while in-depth analytical methods scrutinize legal dilemmas arising from the intervention, contributing to a comprehensive understanding of historical context, U.S. policy decisions, and legal complexities. Results: The results and discussion section explores the historical evolution of U.S. military engagement in 21st-century Afghanistan, analyzing its strategic shifts and the Taliban's adaptation to guerrilla warfare. It critically evaluates the international legal aspects of the Afghan War, assessing the legitimacy of the U.S.-led military intervention based on UN conventions, historical precedents, and key principles such as the right to legitimate defense, urgency, and proportionality. Conclusions: The aftermath of September 11, 2001, marked a transformative moment in U.S. policy towards Afghanistan and the broader Middle East, leading to the consequential Afghan War. Despite its geopolitical significance, the absence of explicit UN Security Council authorization prompts a critical examination of the war's legitimacy, revealing lapses in meeting criteria for the right to individual or collective legitimate defense and urging a reevaluation of established narratives in international relations and global politics.

Harmonizing Arbitration: Clarity, Consistency, and Consent in the Application of Ex Aequo Et Bono

This article delves into the intricate dynamics surrounding the application of the ex aequo et bono principle in arbitration, addressing concerns arising from potential procedural challenges and deviations from justice principles amid the escalating popularity of arbitration. The study intricately navigates the legal complexities of this principle, centering on the interpretation of Article 56 of Law 30/1999. Specifically, it scrutinizes whether the article mandates parties' consent for the arbitrator to decide based on ex aequo et bono. Employing a normative legal research approach and utilizing legal hermeneutics with a structuralist focus, the research analyzes the interplay of written agreements, tacit understandings, and standard practices in arbitration. The article underscores the critical role of precise protocols and unequivocal agreements in safeguarding the integrity and effectiveness of the arbitration process. It highlights the paramount need for clarity and consistency in legal provisions, advocating for collaborative efforts between legal authorities and arbitration institutions. This collaboration is essential for aligning statutory provisions and arbitration rules, ultimately fortifying a robust and dependable framework for the equitable resolution of conflicts. In conclusion, the article calls for a harmonized approach to address inconsistencies, enhance the legitimacy of arbitration decisions, and foster trust in the arbitration process. By exploring these challenges, the article contributes to the ongoing discourse of optimizing arbitration as a fair and efficient means of resolving international disputes.