Current Legal Framework Research Articles

Discoursing Chinese Maritime Law’s structure and reform

Abstract China’s role in the international maritime transport industry is undeniably growing: the country has become the second-largest ship-owning nation, its maritime ports are ranked among the top globally, and its national maritime transport company, COSCO Group, is ranked 4th among major shipping companies. However, its current legal framework is behind the commercial practices of the maritime transport industry and its operators. With both the evolution of China’s position on the global stage and the emergence of new judicial maritime practices, a revision was inevitable, particularly as China aims to build itself into a maritime power. Although the revision of the Maritime Law was included in the 13th National People’s Congress agenda for the period from 2018 to 2023, the revised Law has not yet been promulgated but is expected in near future. While the reform project focuses solely on the Chinese Maritime Law, China’s new ambitions could turn this moment into an opportunity to overhaul and rethink the role of Chinese maritime law in the current global context. Whether by modernizing its maritime law while maintaining its existing structure, or by rethinking its entire approach, China should consider the legal experience of current maritime powers, such as France, which could serve as a valuable source of inspiration for Chinese legislature in the future.

Migration, Urbanism and Health: Moving Toward Systems-Informed Policy and Practice

Migration and displacement are pivotal determinants of urban health, influencing both direct and indirect health outcomes. Migrants may face unique health risks, often exacerbated by economic, social, and environmental factors encountered during transit or upon resettlement. As migration patterns shift due to geopolitical, climatic, and economic pressures, they reshape the global and urban policy landscapes in unpredictable ways, presenting challenges that will continue to evolve in the coming decades. Current legal frameworks, in many cases, do not adequately account for migrant populations, hindering policy responses and complicating the protection of migrant health. Therefore, effective urban health interventions must be inclusive of migrant populations and expand beyond healthcare services. A systems-thinking approach that recognizes the broader determinants of health—including housing, employment, social services, and urban infrastructure—is essential to address the intersecting challenges migrants face. Despite these challenges, migration remains crucial to the functioning of urban environments. Migrant workers consistently contribute to the healthy operation of cities, underpinning key infrastructure and services. However, to optimize policy responses and improve urban health outcomes, more robust data and evidence on the health risks and outcomes of migrants, as well as the structural drivers of migration, are needed. Moreover, macro factors such as climate change, future pandemics, and geopolitical shifts are likely to influence both migration dynamics and migrant health. To anticipate and respond to these evolving challenges, a systems-informed and holistic vision of urban health is required—one that integrates migration into the broader urban policy and planning frameworks to foster healthier, more resilient cities.

Environmental Impact Assessment System: Case Analysis of Existing Legal Disputes

Abstract: Environmental Impact Assessment (EIA) refers to the process of assessing the possible impact of planning activities on the environment. This paper contends that the current international legal framework does not adequately delineate the activation criteria for EIA and overlooks the significance of international collaborative duties that come into play when sovereign states embark on the initiation and execution of EIA processes. Only in relation to the general principles of international law can the nature of the EIAs obligation be comprehended. When dealing with cross-border damage, the requirement for due diligence is complemented by an implicit responsibility to collaborate. This latter obligation arises under identical situations as the due diligence requirement, particularly in response to 'the likelihood of significant environmental damage,' and thus, it needs to be satisfied by the national government under equivalent circumstances. This paper argues that the courts interpretation of environmental impact assessment is incomplete which is reflected in two aspects: (1) the ambiguity in the court's grasp of the EIA threshold's unpredictability. The International Court of Justice fails to clarify the criteria for establishing a 'substantial environmental risk'. (2) The court's oversight in considering the duty to collaborate could result in an overemphasis on the material aspects of EIA-treating it merely as a technical instrument. By reintegrating the cooperation duty, a more balanced perspective on the procedural elements of EIA could be achieved. Delving into strategies to rectify these two deficiencies and obtaining a holistic insight into the International Court of Justice's approach to EIA will yield substantial implications and relevance for future EIA-related endeavors.

Cyber Sex Crimes Targeting Children and Adolescents in South Korea: Incidents and Legal Challenges

This review paper addresses the growing and increasingly sophisticated issue of cyber sexual crimes targeting children and adolescents. It explores specific examples of various sexual offenses, analyzes the limitations of current legal frameworks, and offers practical recommendations for prevention. As one of the world’s most advanced digital societies, South Korea has witnessed a significant rise in such crimes. These incidents are classified into clear criminal acts, tactics used to lure minors, and occurrences within virtual environments, all of which should be integral to educational programs for children and parents. This study also examines the UK’s Online Safety Act, recognized as a leading model in combating online sexual offenses, and highlights the deficiencies in South Korean law. Given that these crimes often extend into the offline world, exploit vulnerable groups with increasing subtlety, and are challenging for individuals to counteract alone, there is a critical need for specialized education for minors, metaverse training for parents, and the enhancement of both legal measures and international cooperation in this area.

“Cats in congress or penguins in parliament”? Towards the just representation of more-than-humans in Antarctic environmental governance

ABSTRACT Representation is a core component of Rights of Nature (RoN). While giving a human voice to more-than-humans might be seen as anthropocentric, RoN is one of the best tools available in current legal frameworks and institutions to safeguard the interests of more-than-humans. However, challenges arise when looking at the Antarctic. In particular, the absence of a permanent population, a State, and an Indigenous people makes the designation of an Antarctic representative a delicate matter. More-than-humans are the only permanent residents of the Antarctic while being paradoxically excluded from Antarctic decision-making processes and institutions. This article explores the issue of ‘just representation’ of more-than-humans within the Antarctic Treaty System, based on theories of multispecies justice focusing on recognition and participation. It develops the political, legal, and theoretical frameworks for a just environmental governance in the Antarctic, looking at RoN to support some aspects of the ‘just representation’ of more-than-humans in the Antarctic.

Upholding the independence of constitutional courts in the EU beyond illiberal tendencies. Towards further convergence?

This article explores the impact of the CJEU case law on the independence of constitutional courts in EU member states that have not experienced an illiberal shift, and whether it will lead to further convergence among EU members regarding their models of constitutional justice. While EU standards on judicial independence have justifiably emerged in a context of crisis, they have become autonomous standards of EU law, applicable to all EU member states. However, such standards may be at odds with the current legal frameworks and practices operating in some EU member states. This paper argues that the development of EU standards on judicial independence and impartiality may positively impact member states that do not experience a rule of law decline. On the one hand, they underline possible anomalies that may exist in the appointment procedures of national constitutional judges. On the other hand, this tension paves the way for a European dialogue on the definition of constitutional justice and the promotion of a rule of law culture.

Paediatric systemic inflammatory response syndrome (SIRS) and the development of patient-specific therapy: ethical perspectives through experts' opinions.

Research for personalised therapies concerning the Systemic Inflammatory Response Syndrome (SIRS) in children involves the utilisation of OMICS technologies and Artificial Intelligence (AI). To identify specific ethical challenges through the perspective of healthcare professionals, we conducted 10 semi-structured interviews. The development of interview questions for the interviews was preceded by a systematic review of the scientific literature. To address the complexities of paediatric emergency research, informed consent, and data processing, experts with expertise in paediatric intensive care, computer science, and medical law were sought. After the transcription and anonymisation, the analysis followed established guidelines for qualitative content and thematic analysis. Interviewees highlighted the intricacies of managing consent in personalised SIRS research due to the large amount and complexity of information necessary for autonomous decision-making. Thus, instruments aimed at enhancing the understanding of legal guardians and to empowering the child were appreciated and the need for specific guidelines and establishing standards was expressed. Medical risks were estimated to be low, but the challenges of securing anonymisation and data protection were expected. It was emphasised that risks and benefits cannot be anticipated at this stage. Social justice issues were identified because of possible biases within the research population. Our findings were analysed using current ethical and legal frameworks for research with a focus on the particularities of the patient group and the emergency background. In this particular context, experts advocated for an enabling approach pertaining to AI in combination with OMICS technologies. As with every new technological development, ethical and legal challenges cannot be foreseen for SIRS-personalised treatment. Given this circumstance, experts emphasised the importance of extending the ethics-legal discourse beyond mere restrictions. The organisation of supervision should be reconsidered and not limited only to the precautionary principle, which per se was seen as impeding both the medical progress and clinical flexibility. It was noted that the establishment and monitoring of guidelines were emergent and should evolve through an interdisciplinary discourse. Therefore, it was recommended to enhance the qualifications of physicians in the field of computer science, impart ethics training to AI developers, and involve experts with expertise in medical law and data protection.

Study on the Dilemma of Rural Women’s Access to Education in China and its Legal Protection

This paper explores the multidimensional challenges faced by rural women in China in accessing education, revealing the root causes of the intersection between urban-rural educational inequality and gender discrimination. While legal and policy reforms have led to some improvements—particularly in the realm of compulsory education, where enrollment rates for rural girls have increased—significant barriers remain, especially in higher education and vocational training. These challenges are rooted in various structural issues, including disparities in educational resources, cultural capital deficiencies, and the persistence of traditional gender roles, all of which disproportionately affect rural women. The paper offers an in-depth analysis of these factors, highlighting the inadequacies of current legal frameworks and the practical difficulties in their implementation. It proposes strategies to improve the situation, such as enhancing legal enforcement, increasing state investment in rural education, addressing societal and cultural biases through gender equality education, and expanding vocational and lifelong learning opportunities tailored to rural women’s needs. The findings suggest that only through a comprehensive approach—integrating legal, policy, and cultural initiatives—can rural women’s educational rights be effectively protected, leading to more equitable educational outcomes, reduced gender disparities, and fostering overall social progress in China.

Double edged tech: navigating the public health and legal challenges of digital twin technology

Abstract This research addresses the legal challenges posed by the implementation of digital twin technology in public health. Digital twins are advanced computational models which aim to replicate human organ functions and biological processes. Their goal is to enable the simulation of the entire human body and to personalize the outputs with individual patient’s health data. Digital twin technology promises to bridge gap between personalized medicine and precision public health. This research is based on a comprehensive review of the current European and Swiss legal frameworks for medical devices and data protection that apply to digital twin technology. Within these frameworks, digital twins are in a grey area, as they are only considered as medical device software when applied to individuals. They also incorporate artificial intelligence, machine learning, and data analytics, which are already a source of legal concern in a healthcare setting, but their effective use in public health raises additional issues. Preliminary findings suggest significant shortcomings in the legal frameworks regarding data privacy, and the potential for increased surveillance by health insurance systems, which could lead to human rights violations. The public health application of digital twins would require global data analysis of sensitive personal information, raising further questions about the secure storage, transmission, and processing of this data. The study concludes that current legal frameworks must be future proofed to manage the complexities introduced by digital twins in public health. In particular, it suggests that regulatory oversight of medical devices needs to be significantly improved in order to safely harness the potential of digital twin technologies for public health. Finally, the new European Union health data space and the forthcoming EU AI act will also play important roles in the implementation of digital twin technologies. Key messages • Applying digital twin technology in public health faces considerable challenges, particularly the issues around data privacy, potential discrimination, and increased surveillance. • We need to adapt and strengthen existing legal frameworks to effectively manage the complexities introduced by digital twins, ensuring that these technologies can be safely used for public health.

International Law and Regulation of Marine Microplastics: Current Situation, Problems, and Development

The severe global hazards posed by marine microplastics must be given attention. This study evaluated the current international legal framework, and offers forward-looking recommendations for enhancing international law. The analysis began by examining the unique characteristics and profound impacts of marine microplastics, underscoring the necessity of a corresponding international regulatory regime. Through a thorough review of the existing global and regional legal instruments—both soft and hard laws—we identified key issues and challenges in the international legal response to marine microplastics, particularly in terms of legislation and enforcement mechanisms. The study emphasizes the urgent need for strengthened international legislation, including the potential development of a specialized international treaty, and calls for the enhancement of compliance mechanisms to effectively combat marine microplastic pollution and support the broader goal of sustainable development.

SPECIAL MEASURES FOR SEX OFFENDERS AND POTENTIAL HUMAN RIGHTS VIOLATIONS

Child sexual abuse has attracted enormous attention and occupied significant media space in recent decades. This increased attention has resulted in the creation of strategies aimed at responding to sexual abuse in general, and has been motivated by both the need to prevent reoffending and the desire to adequately respond to the expectations of the wider public. Measures aimed at responding to sexual offenses have become fertile ground for the introduction of various innovations. This may result in the violation of sex offenders’ human rights, and any state based on the rule of law should not allow this. This paper is devoted predominantly to the analysis of the Croatian and Serbian current legal frameworks related to the application of specific measures aimed at sex offenders to establish whether these frameworks are aligned with the relevant human rights protection standards. It has been established that the level of compliance of the two national legislations with the international legal framework is high although there is room for additional corrections. The objective of the paper is to give recommendations for harmonizing the above area with the modern legal acquis, and primarily with the standards established through the case law of the European Court of Human Rights.

Current legal framework of economic concentration control in the retail sector in Vietnam

In the context of Vietnam’s extensive international integration, economic concentration emerges as a pivotal strategy employed by businesses across various sectors, notably the retail industry, to foster expansion and bolster competitiveness within the market. As this trend evolves, it necessitates the formulation by the Vietnamese Government of a comprehensive and stringent legal framework tailored to regulate economic concentration among enterprises. Such measures are imperative to preclude the curtailment of market competition, which could potentially undermine the equity and vitality of the business environment in Vietnam. This paper meticulously examines and elucidates theoretical nuances surrounding economic concentration in the retail sector. Additionally, it scrutinizes the current landscape, assessing the impact of extant legislation governing economic concentration and the efficacy of enforcement activities in this realm within the Vietnamese retail sector. Consequently, the paper proffers judicious recommendations to enhance the efficacy of legal mechanisms governing economic concentration to foster competition and fortify Vietnam’s overall economic prowess, particularly within the retail sector.

Effectiveness of the UK AML System and Strategies for Improvement

As the cost of anti-money laundering (AML) compliance in the UK continues to rise, financial crime rates have not fallen. This study assesses the effectiveness of the UK’s anti-money laundering (AML) system and proposes strategies for improvement. The research examines the current legal framework, including the Proceeds of Crime Act (POCA) and the Money Laundering Regulations 2017 (MLR2017), assessing their role in preventing and combating financial crime. Analyzing case studies and statistical data, the findings suggest that while the UK AML system has been effective in identifying and deterring money laundering, significant challenges remain. Insufficient sharing of information between agencies, uneven allocation of resources, and inconsistent regulatory enforcement hinder overall effectiveness. To address these shortcomings, the study makes several strategic recommendations: strengthening inter-agency cooperation, leveraging advanced technological solutions for data analysis and reporting, improving training and awareness programmes for financial institutions, and improving the legal framework to adapt to emerging threats. Implementing these recommendations could strengthen the UK’s anti-money laundering (AML) efforts, making them more robust and responsive to the evolving financial crime landscape. Ultimately, this study aims to contribute to the current debate on the effectiveness of AML and to make recommendations for improving the AML system’s response to the complexities of money laundering in order to strengthen the UK’s position in the global fight against money laundering.

Regulatory and legal principles of management of sports schools for children and youth

The activities of sports schools for children and youth play a key role in shaping the physical culture of young people, promoting a healthy lifestyle, and preparing future professional athletes. The successful functioning of these schools relies on appropriate legal frameworks that outline the operational rules, requirements for educational processes, funding, and management of facilities. there is a pressing need to analyze the current legal framework governing the management of sports school for children and youth. Considering the constant changes in the legislation and the growing requirements for the quality of sports institutions, there is a pressing need to analyze the current legal framework governing the management of sports schools for children and youth. The purpose of this article is to analyze the regulatory and legal principles of managing the activities of sports schools for children and youth in Ukraine. The key legislative acts regulating the organizational, financial, and legal aspects of the functioning of sports schools for children and youth have been analyzed, including the Constitution of Ukraine, the Law ‘On Physical Culture and Sports,’ and the orders of the Ministry of Education and Science and the Ministry of Youth and Sports. This resolution provides a comprehensive framework for the operation of sports schools for children and youth as well as defines the forms of ownership, legal foundations of their activities, funding procedures, and requirements for athlete training. Particular attention is given to the state social standard in physical culture and sports, which sets requirements for the quality of services, infrastructure, and athlete training. The mechanisms of management that contribute to increasing the efficiency of sports schools for children and youth are highlighted.

The Current Updates of the Progresses and the Challenges of Recognition of Customary Forests in Indonesia

Around 30 million Indonesians are forest-dependent, comprising a large portion of customary communities. For generations, customary communities managed forests using customary arrangements as the normative system. However, the state legal framework required the communities to obtain legal recognition to exercise these traditional forest rights. Over the last seven years, the state has formalized hundreds of thousands of hectares of customary forest, which was unprecedented. Some suggested that the number needed to be increased and far less than the potential customary forest areas. Therefore, this research aimed to examine the primary cause and the subsequent impacts on the low number of recognized customary forests. Relevant data were obtained for analysis from documents and direct interviews. The result showed that customary tenure on forest resources coexisted with the state arrangements. The state recognized those customary arrangements through formalization. However, the ideological and political perception and the state's interests regarding customary communities have brought obstacles to that sound policy regarding recognition. This perception and interest further raised three issues regarding the current legal framework and its implementation: complex regulation, delayed processing time, and ambiguous standards.

Legal Framework for Security of Organ Transplant Information in the Digital Age with Biotechnology

In the context of the digital age, organ transplantation, as a life-saving technology, has become increasingly prominent in its information security. This paper aims to explore and construct a legal framework for organ transplant information security that meets the requirements of the digital age. First, the article outlines the legal background of organ transplantation and its new challenges in the digital age, emphasizing the centrality of information security in the organ transplantation process. The article then elaborates on the legal definitions and classifications of organs and discusses how digital technologies are changing these definitions and classifications. In the same way, the study of how people think about organ donation and transplantation used non-parametric tests, analysis of variance, and logistic regression to determine how people think about these things differently in different groups. Dichotomous logistic regression models were also created. This paper examines the current legal frameworks that protect organ transplant information in the digital age. The focus is on how biotechnology is linked to data privacy, security measures, and ethical concerns. This shows the importance of a complete regulatory framework to protect individuals' health information about organ transplants. This paper's research goal is to make a stronger legal guarantee for organ transplant information security. This will help organ transplantation technology grow healthily, protect the rights and interests of donors and recipients, and keep people's sense of dignity.

RUSSIAN-MONGOLIAN COOPERATION IN THE ELECTRIC POWER INDUSTRY: PROBLEMS AND PROSPECTS

This article is devoted to the study of existing problems and prospects for the development of cooperation between the Russian Federation and Mongolia in the field of electric power. The author briefly describes the history of the development of Russian-Mongolian relations in this area and current legal framework, another point of interest is the study of existing energy problems in Mongolia. Particular attention is paid to the advantages that the Russian side has in its energy cooperation with Mongolia. The author then analyzes the areas of cooperation between Russia and Mongolia in the field of electric power, specifically: thermal energy (the most important traditional area), development of electrical grid infrastructure, hydropower, nuclear energy and, finally, alternative energy. For each area, the author provides information about the degree of its development in Mongolia and the opportunities available to the Russian side while interacting with Mongolian partners. The article provides a list of the most significant, including those already implemented, those under development, or those with a promising future. In addition, the author studies the existing problems that hinder the deepening of Russian-Mongolian cooperation in the electric power industry, such as opposition from other states (primarily the so-called «third neighbor» countries) and unresolved contradictions regarding Mongolian hydroelectric power station projects in the Selenga River basin. The author concludes that if the Russian side properly realizes the available advantages, there are good chances to resolve the controversial issues and achieve success in the development of Russian-Mongolian cooperation in the electric power industry, thereby contributing to economic growth and strengthening energy security of both countries.

Medical Responsibility in the Colombian Context: A Review of Negligence from the Legal Framework and Ethical Perspective

This article explores medical responsibility and negligence from an ethical and legal perspective within the Colombian context. It highlights causes of negligence such as deficiencies in professional training and organizational problems. The article emphasizes "objective imputation as key to determining the criminal responsibility of the physician" (Alvarado D. 2019). The objectives include analyzing the current legal framework in Colombia and assessing the link between medical ethics and legal responsibility. The methodology builds upon a thorough examination of specialized literature, including peer-reviewed scientific articles in medicine and law, as well as legal documents and ethical regulations. A targeted search was conducted across various bibliographic databases including Google Scholar, Redalyc, Scielo, Dialnet, Biomed Central, Miguel De Cervantes Virtual Library, and BVS virtual health library.

Interrogating the Prospects and Challenges of State Policing System in Nigeria

The upsurge of insecurity in Nigeria questions the competence of the Nigerian Police Force under the auspice of the federal government to combat insecurity. Some concerns decentralizing the policing powers to states would offer potential benefits in curbing insecurity. This study was designed to interrogate the prospects and possible challenges of the state policing system in Nigeria and contribute to the discourse on security in a heterogeneous country like Nigeria. The study adopted a hybrid research methodology through a fusion of both doctrinal and non-doctrinal methods. Descriptive and analytical approaches were adopted to interpret empirical data collected through the distribution of 1,051 questionnaires to randomly selected respondents to ascertain the prospects and possible challenges of state policing in Nigeria. The study found that the current structure of the Nigerian Police Force can no longer guarantee the safety of the Nigerians. Furthermore, the synthesisation of empirical findings revealed that state policing has the prospect of competently combating insecurity in Nigeria but corruption, and lack of funding amongst others are possible challenges. The study therefore concluded by recommending the amendment of the current legal framework of policing in Nigeria to make way for decentralization.

Legal Nature and Classification of Smart Contracts in Crypto Exchanges: Challenges to Traditional Contract Law

This paper examines the legal nature and classification of smart contracts within the context of cryptocurrency exchanges, exploring the challenges they pose to traditional contract law. As blockchain technology continues to evolve, smart contracts have emerged as a novel form of agreement execution, blurring the lines between code and legal obligations. This study analyzes the unique characteristics of smart contracts, including their self-executing nature, immutability, and decentralized structure, and how these features interact with established legal principles. The research investigates the potential gaps in current legal frameworks and the difficulties in applying traditional contract law concepts such as offer, acceptance, consideration, and breach to smart contracts. Furthermore, it explores the jurisdictional and enforcement issues that arise in the decentralized and borderless realm of crypto exchanges. By synthesizing legal theory, technological understanding, and practical implications, this paper aims to contribute to the ongoing dialogue on how to effectively regulate and integrate smart contracts into existing legal systems, while addressing the specific challenges they present in the dynamic landscape of cryptocurrency exchanges.