Enforcement Coordination Research Articles

Features of the settlement of international cyber disputes through ADR in the context of the legislation of the BRICS countries

This paper examines the comparative effectiveness of various alternative dispute resolution (ADR) methods in resolving international cyber disputes. Drawing on a review of academic literature, analysis of practical case studies and statistical data, it identifies key procedural strengths and limitations of arbitration, mediation, ombudsmen, and online dispute resolution for common cyber conflict scenarios. It concludes on the optimal tailoring of different ADR techniques for cybercrime, hacking attacks, data breaches, and e-commerce disputes. The paper proposes multiple innovations to enhance cyber ADR efficacy, including hybrid models, specialized procedural standards, and enforcement mechanisms. It discusses integrating ADR into national cybersecurity strategies using the BRICS platform as an example. The research aims to inform optimization of flexible, confidential, and technically expert out-of-court approaches to manage the proliferation of cross-border cyber disputes. Key findings show mediation’s utility for cybercrime across jurisdictions but need for law enforcement coordination. International arbitration is appropriate for cyber B2B disputes while ombuds aid consumer recourse. Early neutral evaluation assists cybersecurity breach diagnosis but requires enforcement. Tailored arbitration rules, substantively flexible guidelines, and incentivizing voluntary ADR adoption are advised.

Digital Services Coordinators and other competent authorities in the Digital Services Act: streamlined enforcement coordination lost?

Digital Services Coordinators and other competent authorities in the Digital Services Act: streamlined enforcement coordination lost?

Ship Security Rules in China’s Maritime Traffic Safety Law: Increased Legal Flexibility in Maritime Security Measures and Potential Problems

Abstract China recently amended its Maritime Traffic Safety Law (MTSL2021) and has introduced a series of stipulations concerning ship security. In these ship security rules, flexibility has been maintained in the decision to adopt maritime security measures in cases when ship operators and Chinese maritime authorities face maritime security threats. This research examines the ship security rules in MTSL2021, analyses how the rules’ ambiguities could provide flexibility as well as uncertainties in practical implementation, and explores how they may affect the law’s institutional coordination with other domestic laws and regulations as well as China’s maritime law enforcement coordination with other countries.

Law Enforcement Officials’ Opinion on the Security Situation and Cooperation on the Danube

The aim of the study is to analyse the bilateral and multilateral law enforcement cooperation between the Danube Member States and the relevant international stakeholders. A key issue for the security of the European Union and the Schengen area is the joint strengthening of the security of the Danube river. In the most important transnational maritime areas (Black Sea, Baltic Sea), there is a regulation based on the operation of a common centre for law enforcement coordination, which allows a rapid and efficient exchange of information between the Member States in order to combat organised crime. The Danube is one of Europe’s most important waterways, but the absence of a multilateral international agreement on the cooperation and coordination signed by all the Member States to ensure continuous cooperation and exchange of information is believed to have a negative impact on border security. The research was carried out by an online questionnaire survey among 201 persons in staff from the participating organisations of 10 Danube Member States during the DARIF joint operation, which was conducted from 12–16 September 2022 and extended until 30 September 2022. The questionnaire was prepared in Hungarian, English, and in German, Slovak, Croatian, Serbian, Romanian, Bulgarian and Ukrainian languages, to encourage respondents to participate in the survey. The questionnaire survey among the Danube law enforcement agencies confirmed that the lack of a permanent Law Enforcement Coordination Centre and Cooperation Forum is a significant security deficit in the countries of the Danube Region. The creation of a network of national contact points specialising in international information exchange on the Danube is necessary; it is not sufficient to make better use of the existing network of direct information exchange channels (e.g. Police and Customs Cooperation Centres).

A BAN ON THE EXPORT OF EU GOODS TO RUSSIA

This article analyzes the ban on the export of goods from the EU to Russia, with particular emphasis on dual-use goods and export controls. In the current political situation, these controls pose a serious challenge to EU exporters, who have been placed under an additional obligation to reliably verify recipients, intermediaries, and, above all, the type of goods being shipped, in terms of compliance with the regulations governing exports. The catch-all clause is also discussed. On the one hand, this allows a great deal of discretion within the competence of the Member State when deciding whether a given good, its elements, or its ownership rights should be controlled. On the other, the exchange of information on licensing decisions between the licensing and customs authorities of the Member States and the Commission contributes to further harmonization of the practical application of the law by introducing a new dual-use control enforcement coordination mechanism. This is aimed at improving cooperation between law enforcement agencies, and exchanging best practices.

Tackling the Triad of Trouble: Addressing the Complexity of Female Genital Mutilation/Cutting and Associated Factors in Maasai Communities of Southern Kenya

Kenya lies in the FGM/C belt stretching across Africa, and the Maasai are frequent practitioners. FGM/C has been declining in Kenya over time but not among the Maasai. The Kenyan government, many outside agencies, and the Maasai council of elders are all working to eradicate this practice, yet it persists among the Maasai. Eradication efforts tend to be either idealist or materialist but not both. We studied three primary schools surrounding Maasai Mara National Reserve to investigate what is being done at the school level to fight this practice. We discovered that FGM/C among the Maasai is always associated with girls’ early school dropouts and early marriage (the “triad of trouble”), so the measurement of one is a proxy for the measurement of the others. We also verified that school dropout rates (and associated factors in the triad) are sharply lower in these schools than in the general Maasai population and still declining. This is being accomplished through a complex interplay of eradication efforts—both idealist and materialist—such as education, persuasion, coordination of enforcement, legal prosecution, and rescue centers for sheltering girls at risk of FGM/C. Community attitudes are shifting against FGM/C as a result of these Maasai-led initiatives.

Dual-Use Regulation 2021/821: What’s Old & What’s New in EU Export Control

Regulation 2021/821 of 20 May 2021, which sets up a European Union (EU) regime for the control of exports, brokering, technical assistance, transit, and transfer of dual-use items, enters into force on 9 September 2021. While the main features of the EU’s dual-use regime remain the same, Regulation 2021/821 introduces some novelties. Export control is extended to technical assistance. Member States are granted more options to use local controls applicable to non-listed items, particularly in the case of cyber-surveillance items being used for repression or serious human rights violations, and generally in the case of a Member State creating national controls. In addition to the new authorization for large projects, two new EU authorizations are created: the intra-group software authorization (EU007) and the encryption authorization (EU008). The role of an internal compliance program (ICP), now clearly defined, is strengthened: an ICP is a legal necessity for holders of general global export authorizations and for applicants of the intra-group export of software and technology authorization. Finally, administrative provisions are added to improve cooperation between customs authorities and dual-use authorities at the national level, as well as to improve the exchange of information among the Member States, including with regard to the coordination of enforcement, at EU level. Dual-Use, EU Export Control, Regulation 428/2009, Regulation 2021/821

The Limits of Sanctions as Instrument for Interest Actualisation in the International System: The Case of North Korea’s Nuclear Weapons Development

<p><em>This paper interrogates the potency of sanctions as US and UN instrument for de</em><em> </em><em>nuclearising DPRK and the intervening variables thereof. With the aid of secondary methods of data gathering, content analysis, and rational action theory as framework of analysis, the paper </em><em>observes</em><em> </em><em>that sanctions failed to actualize US and UN goals in denuclearising DPRK. It further observes that this failure is attributed to the absence of most of sanctions enhancing factors in the international system such as weak economy and political instability, quick imposition with decisive maximal impact, and active participation in liberalized trade, tacit coordination of enforcement, of sanctions with manifest political appetite to enforce penalties, lack of capacity to circumvent sanctions,</em><em> </em><em>avoiding an overuse of sanctions, weak offshore capital,</em><em> </em><em>and immobility of target assets. </em><em>Therefore, this paper recommends</em><em> </em><em>objective international engagement and integration of DPRK as a nuclear state.</em></p>

Криминологическая, уголовно-правовая и уголовно-исполнительная координационная модель взаимодействия с осужденными к лишению свободы

Криминологическая, уголовно-правовая и уголовно-исполнительная координационная модель взаимодействия с осужденными к лишению свободы

Achieving High Quality, Comparable Financial Reporting: A Review of Independent Enforcement Bodies in Australia and the United Kingdom

This article provides a review of the activities of two quite different types of national enforcement body, the U.K.'s Financial Reporting Review Panel (FRRP) and the Australian Securities and Investments Commission (ASIC). We present material (some not available elsewhere) about their activities over the period 1998–2004 and show that both types of body can fulfil an enforcement role, albeit subject to political forces. We also assess the relevance of the bodies’ past activities for comparable international enforcement following the adoption of International Financial Reporting Standards (IFRS) in 2005. A review of cases reveals that for both bodies approximately half were related to recognition and measurement issues, where interpretation can be crucial. Although there is potential for cross-country differences to arise, they may be mitigated by the participation of both bodies in international enforcement coordination activities. Past activities suggest that the scope of the bodies’ activities and the extent of comparability of enforcement decisions are likely to reflect political views held within the government, corporate sector and accounting profession.

Competition Law and Policy in the European Union

Competition policy played a central role in the development of the EU and its institutions. The European Commission, supported by the European courts, developed the framework for competition policy in Europe. This framework has been built since the Treaty of Rome in 1957 on a foundation of promoting market opening while strengthening the institutions of the European Community. The competition policy of the European Community is now in transition toward a basis in market-centered economic considerations, as well as on application through the now-extensive network of nationallevel authorities. The “modernisation” reforms of the enforcement process became effective in May 2004, along with changes in the control of mergers, and the Commission has been considering revisions to its policies about other topics, notably abuse of dominance and state aid. As the Member States adapt their substantive rules to those of the Community, the roles of the European Commission, the national competition agencies and the courts are changing. Co-ordination of enforcement among many agencies in the European Community, particularly concerning applications for leniency as part of cartel investigations, is increasingly important. The Commission moved to strengthen its capacity for economic analysis and to correct weaknesses in its decision process that had been revealed in critical court decisions. The challenge to this system, well adapted for administrative application, is to produce results that are convincing to the courts while maintaining policy consistency in a system of decentralised enforcement. This report served as the basis for a peer review in the Competition Committee in 2005.

Community prosecution tenets and practices: The relative mix of “community” and “prosecution”

Community prosecution encourage prosecutors to collaborate with constituents to mutually determine solutions to community problems. However, the potential exists for prosecutors to continue seeking their traditional goals of maximizing convictions while nominally working within a community-prosecution framework. A random survey of 261 Georgia prosecutors helps to determine whether community-based prosecutors spend more time in community outreach and law enforcement coordination activities. The results show that attorney caseload measures correlate with time spent on community outreach and law enforcement. Being assigned to community prosecution or a specialized crime unit is not consistently related either of these activities. In short, consistent differences do not emerge between community-based and traditional prosecutors.

Danger of Police Overreaction

Arnold Sagalyn was Associate Director of the President's Commission on Civil Disorders, and was responsible for the police and military aspects of the President's Commission's Report. He is a consultant to the National Comir.ission on the Causes and Prevention of Violence and a Senior Staff Associate of Arthur D. Little, Inc. Washington, D. C.. From 1961 to 1967 he served as Director, Office of Law Enforcement Coordination, IJ.S. Treasury Department and was Senior Vice President and U. S. Representative of the International Criminal Police Organization (Interpol). We are pleased to again have Mr. Sagalyn as a contributor to this Journal.-EDITOR.

A Study of the Office of Law Enforcement Coordination U.S. Treasury Department

sponsibility of the coordination of law enforcement activities among the seven Treasury enforcements agencies. These seven Treasury enforcement agencies are: (1) the U.S. Secret Service; (2) the Bureau of Narcotics, (3) the Bureau of Customs; (4) the Intelligence, (5) Inspection; (6) and Alcohol and Tobacco Tax Divisions of the Internal Revenue Service; and (7) the Intelligence Division of the U.S. Coast Guard. It is the expressed purpose of this study to: (1) survey the literature on the Office of Law Enforcement Coordination; and (2) provide a reference work for the use of both students and practitioners of public administration and police administration. It is interesting to note that the Office is twentyeight years old and this study is the first monograph to be written on the subject.