Domestic Framework Research Articles

Promising trends in the government legal policy in the sphere of information security of minors on the Internet

This research is dedicated to determination of legal mechanisms for protection of the rights of minors and ensuring their security on the Internet. Analysis is conducted on the frameworks documents and recommendations of international organizations aimed at ensuring security of minors on the Internet, as well as the domestic framework documents and normative acts on the subject matter. The relevance of this topic is substantiated by the new trends in the process of providing safe information content to minors on the international level, as well as the need for implementation of the proposed recommendations and use of the developed mechanisms in the Russian Federation. The author outlines the new trends in legal policy associated with ensuring security of minors in the online space. They are justified by the supranational nature of the Internet and impossibility to solve the problem of security autonomously within the single country. The novelty of this research consists in determination of the key issues of current domestic legal framework, as well as in actualization of modern mechanisms for ensuring information security of minors on the Internet considering the global experience. The conclusion is made on the need to develop and adopt the new strategy of Information security of minors, which would reflect the entirety of principles essential for ensuring security of minors in the online space. The authors propose to perpetuate the legal instruments and measures that have proven effective and produce positive results in compliance with requirements of information security of minors. At the same time, the basic principles established in the current policy documents of should be extended by the main promising trends outlined in the article.

Substantiation of the conceptual basis and structure of state security as an object of public administration

Тhe object of research is state security and its element-by-element structure in the context of the objective attention of public administration. A problematic aspect is the lack of clarity of interpretation of the main category and identification of components of state security, which slows down the formation of effective mechanisms of public administration in the field of state security, and thus reduces its effectiveness. The study used methods of analysis and synthesis, induction and deduction, as well as decomposition, which allowed to clarify the definition of state security, its structure and provide a primary description of these components. The definition of «state security» is formed. It is proposed to understand the state of protection of various vector interests of the state and the citizen, which ensures the effective functioning of all spheres, industries, institutional sectors, mechanisms, implementation of functions and powers of the state for their development. An important emphasis on this situation is its achievement in a changing environment, external and internal threats. The separation of the following types of components of state security with the corresponding content load is motivated: security of national administration; political security; economic security; military security; security of public and legal order; social and humanitarian security; information and communication security; resource and environmental security; technical and technogenic safety; international diplomatic security. In comparison with the existing approaches, the applied unification terminological approach allows to emphasize quite concretely the content of concepts in the context of their «historical nature». In contrast to the existing approaches to the structure of state security, the presented segmentation of state security takes into account the domestic regulatory framework, global approaches to determining the objective attention of the state and its threats, current trends in civil society. Due to the implementation of the author’s proposals in practice, state security as an object of public administration acquires a clear systematics, which allows to form both scientifically sound mechanisms of the latter and new areas of research.

Management of the Phanom-Surin Archaeological Site in Thailand: Concept, Policies and Practices

The Phanom-Surin (PNS) archaeological site contains the remains of a sewn-plank vessel that is dated to the 9th century CE and discovered in Thailand’s mangrove swamp. As the only accessible sewn-plank vessel archaeology in the world, it provides research opportunities and potential for collaboration between heritage stakeholders. Preservation of the site within its context is crucial. Throughout this article, I will explain the importance of the PNS site management and its context based on my experience. The fuller understanding of the PNS site relies much on the information to be extracted from the materials and contexts. This article therefore encourages the preservation and management of the site within the original context. There are several relevant international guidelines for heritage and environmental management, such as the World Heritage Operational Guidelines, the Annex of the UNESCO (United Nations Educational, Scientific and Cultural Organization) 2001 Convention and the technical Ramsar Convention, all of which can help develop domestic framework and practices. This article aims to draw public and government attention towards the PNS site, and discusses concepts, policies and practices relating to the site.

Sex as a Protected Ground in International and Domestic Law

Abstract This volume in the Brill Research Perspectives in Comparative Discrimination Law addresses sex as a protected ground in international and domestic law. It compares sex discrimination protection through three thematic lenses. Firstly, it charts and compares the evolution and development of sex discrimination protection in international human rights law in three treaty-bodies – the CEDAW Committee, the HRC and the CESCR. Secondly, it then takes up the evolution and development of sex discrimination protection in three domestic law frameworks – the United States, Australia and India. Finally, the development of sex discrimination protection in international law is compared with the development of sex discrimination protection in the domestic legal contexts of the three country examples, with the implications of that comparison analysed. This volume seeks to show that despite differences in the way that international approaches to sex discrimination are translated into domestic law and differences in social, political and cultural contexts women face similar limitations in accessing justice through sex discrimination frameworks.

Hate crimes and the law: Introducing caste hatred as a public order offence

The UK government has been provided with evidence that minorities who are of South Asian origin suffer discrimination based on ‘caste’ which is a particular characteristic of Indian sub-continental culture and society. It is prevalent in the Hindu diaspora in the UK and beyond. The issue that needs to be addressed is whether caste hatred can become part of any statutory definition of criminal law that will bring it on the same level as religious and racial hatred. This requires an analysis of the general category of hate crimes with a focus on the racial and religiously aggravated offences. The article examines several trends within the domestic legislative framework and case law as well as international law. It is proposed that caste should be considered as part of race for the purposes of hate crimes and that in the UK jurisdiction specifically Section 9 of the Equality Act 2010 should be amended to include caste as part of race which will then lead to caste hatred falling within the definition of a racially aggravated hate crime.

LPKF-LDS technology for the production of three-dimensional schemes on plastics

A promising technology for the production of three-dimensional circuits on plastics, the scope of its current application and prospects for its further development in the radio-electronic industry are considered. The analysis of current opportunities and limitations is carried out. It is shown that the key component of the technology is the correct choice of thermoplastics with suitable characteristics for the intended object, taking into account the resistance to external factors. An analysis of the international and domestic regulatory framework for thermoplastics was conducted. This allowed to determine the key characteristics for 3D-MID-technology and to make a comparison. A classification is proposed on the basis of the key characteristics of thermoplastics for making a decision when choosing materials on the market, taking into account the application in the radio-electronic industry using 3D-MID technology, which is currently either absent or not fully represented. Methods of testing materials for use in the production technology of three-dimensional circuits on plastics and ensuring the quality of manufacturing of radio engineering products, allowing to confirm the compliance of key parameters of materials are studied. The article considers the order of the build process with the application of the LPKF-LDS technology production of three-dimensional circuits on plastics, which allows building a sequence of processes with particular implementation as an example. The considered LPKF-LDS technology as part of the 3D-MID line is planned in the new laboratory “Threedimensional circuits on plastics and flexible media” at the Department of Design and Production of Radioelectronic Devices of the Institute of Radio Engineering and Telecommunications Systems of MIREA – Russian Technological University.

Legislative principles of information security provision in the European Union member states

The article is dedicated to the study of the information security provision in the EU Member States in the context of analyzing their state programs, national programs as well as regulatory legal acts. This study identifies priorities and gaps in the information security provision in the EU Member States, analyzes special features of the institutional and legal mechanism of information security in the EU Member States in the context of the multi-vector international security system. The expediency of developing an integral coordinated information policy of the EU Member States, aimed at unification of the approaches to information security, is substantiated, as well as the experience of the EU Member States in this field aimed at improving the domestic regulatory framework of information security provision is studied.

“Penal taxes” in the Russian legal system

Provides information on the foreign legal institution of penal taxes. It is concluded that in the domestic regulatory framework, under certain conditions, there is also essentially a fiscal taxation, that is, it does not meet the requirement of economic soundness of taxes and involves increased taxation of certain activities (property).

Problems of Formation of Compliance in Russia

The integration of Russian companies in the global economy requires compliance with the requirements of good corporate governance. There are included but not limited the compliance with established anti-corruption laws, norms and rules. Such mechanisms are developing quite intensively in Russia: the legal foundations are studied, the components of the compliance system are identified. The compliance is most widely developed in the banking sector and medicine. There are required procedures implemented poorly in domestic corporations due to the lack of mandatory legislative requirements. Domestic companies operating in international markets are guided by the laws of the respective countries, mainly the USA, Great Britain and France. Unified requirements for systems and mechanisms for verifying compliance with current standards are not developed in domestic practice, which contributes to a different interpretation of the existing provisions of the Central Bank and international rules. The study goal is to identify priority areas for the compliance development in Russia, bringing the domestic regulatory framework closer to world practice. The paper shows that Russian corporations use a large number of internal regulatory documents in their practice, many of which differ mainly by their names. Direct adherence to international standards is not possible due to differences in the requirements of domestic and foreign legislation. To accelerate the adaptation of domestic companies to the world practice of good corporate governance, it is necessary to develop national formats, the structure of a compliance system and a list of basic internal paperworks. There are shown the importance and development directions of the Russian national regulatory framework. These research materials may be useful to corporate governance specialists, reactionaries, and corporate executives.

An Indochinese Dominion

Across the French Empire, the interwar period was critical to the political mobilization that would come to drive the struggles for independence in the post-1945 era. In French Indochina, and especially in its three Vietnamese regions, dynamic debates over reform, modernization, and the colonial relationship with France marked this period. Reformers included integrationists seeking a closer rapport with France, separatists seeking complete independence, and autonomists seeking a middle ground between the two. The advent of the Popular Front in June 1936 acted as a catalyst for reformers of all stripes, who hoped that the new regime would live up to its progressive credentials. This article explores the case for Indochinese autonomy through an analysis of the French-language Vietnamese newspaper L’Effort indochinois, which was founded in October 1936. It explores the domestic and global frameworks of this campaign, and it demonstrates how foreign models of autonomous states like Canada and foreign threats to Indochinese security fundamentally shaped L’Effort’s demands for Indochinese autonomy. It further seeks to contribute to the existing scholarship on the diversity of the Vietnamese reformist landscape on the eve of decolonization.

Considering Domestic and International Frameworks for Analyzing China’s Potential Legal Liability in the Aftermath of COVID-19

The COVID-19 pandemic has imposed a human and economic cost on the world that was virtually unimaginable only a few months ago. Credible investigative sources agree with virtual unanimity that COVID-19 emerged from Wuhan in China, either as a result of human wildlife consumption at wet markets or from a laboratory that studies diseases in bats. China has long been aware of the risks that both scenarios presented. Even more disturbingly, however, China may have hid valuable information about COVID-19 that could have significantly improved the international community’s ability to respond to, and fight, the pandemic. China’s apparent obfuscation, along with the alleged failures of other groups such as the World Health Organization, has arguably resulted in trillions of dollars in liabilities, millions of sicknesses, and hundreds of thousands of lost lives—with those numbers mounting daily. The emergence of COVID-19 within China and the Chinese government’s failure to promptly and transparently provide needed information to the international community raises the question whether the Chinese government and/or its officials could be held civilly or criminally liable under international law or U.S. domestic law. While China arguably violated numerous international conventions and obligations, and while there would certainly be liability according to U.S. common law principles if this scenario involved a private party, the reality is that neither is likely adequate to impose liability on China under the current state of the law, meaning the international community would need to create a new framework for imposing international legal liability—something the U.S. should be very weary of—or the U.S. would need to revoke China’s sovereign immunity, something that lawmakers are currently considering. Either way, the COVID-19 outbreak demands serious consideration of how the legal system could—and whether it should—be updated to account for the current crisis and any future pandemics. This article discusses the Chinese government’s potential violations of existing international law and international norms, as well as potential theories of civil and criminal liability arising from the damages caused by the COVID-19 pandemic. Part I provides an introduction. Part II provides a background of key facts as currently understood and lays out the role that the Chinese government apparently played in enabling COVID-19 and failing to contain its global spread. Part III discusses the manner in which China may have run afoul of various treaties and civil tort principles, as well as the difficulties with imposing civil liability for these violations. Part IV articulates theories about how traditional criminal liability might apply to China and why international criminal law is generally too limited in scope to impose liability. Finally, Part V suggests a potential framework for ensuring accountability for the COVID-19 outbreak and any future pandemics. This article concludes that although litigation—and civil and criminal liability both at the domestic and international level—can be effective tools in the diplomatic arsenal of nations, practical realities and the current legal framework limit China’s potential liability arising from the COVID-19 crisis. Nevertheless, this paper could serve as a starting point for discussing whether a new framework is necessary.

Commodification, water infrastructure, and methodologies for counting water losses in South Africa

ABSTRACT This article takes up the story of a numerical indicator of system water losses called Non-Revenue Water (NRW), which is becoming an important measure for benchmarking South African Water Service Authorities (WSAs). The aim of this paper is, in the first place, to document the adoption of NRW as a Performance Indicator (PI), showing how it reflects a shift in the domestic regulatory framework in South Africa and the assumed priorities of water managers in line with the dominant governmental rationality in the sector. However, in drawing this discussion towards the theme of commodification I also show that the NRW audit enables a new way of seeing and speaking about “public water,” while the story of its uptake tells us a something about the development of contemporary governmental norms, and the forms of the resistance that shape it. On the one hand then, the article links the enthusiasm for NRW auditing in South Africa to a wider movement in the development and usage of audits and indicators as technologies of government at a distance. On the other hand, and stepping to a higher level of abstraction, I argue that the uptake of NRW must be read in relation to a contested set of processes marked by struggles over the commodification of water, and which sometimes turns up in the numbers.

Maritime Arbitration in India: The Analysis of a Redundant System

In a global market that is characterized by rapid economic expansions and extensive logistical services, the need for an amicable resolution of commercial disputes has become an absolute necessity. Due to the increasing reliance on maritime trade routes by companies for the movement of commercial traffic, the installation of the aforementioned resolution system has become a prerequisite for any nation with aspirations of becoming an economic superpower. India, being such a nation, is expected to have a pristine dispute redressal mechanism. But its Arbitration mechanism has not reflected these wishes. The implementation of the 1996 Arbitration Act and the institution of sectoral Arbitration establishments have done little for the upliftment of the downtrodden 'Maritime Arbitration' sector. This research paper attempts to analyze the provisions that can solve the loopholes in the existing legal framework by implementing an introspective and comparative study of the leading international organizations against the domestic framework, thereby furthering the prospects of the nation.

The use of the European Standards and Guidelines by national accreditation agencies and local review panels

ABSTRACTIn this explorative study, the translation perspective from organisational studies is taken to analyse how national accreditation agencies interpret the so-called European Standards and Guidelines (ESG) and adjust these to the domestic context. Additionally, the study investigates how review panels make use of the ESG vocabulary in their review reports. The empirical materials stem from a variety of 17 higher education institutions in Croatia, Estonia, Finland and Portugal. The findings illustrate the translation processes (copying and modification) taking place and reveal that particularly national quality assurance frameworks often deviate from the ESG. Review panels stay fairly close to the domestic frameworks.

Using Human Rights Law to Inform States' Decisions to Deploy AI

States are investing heavily in artificial intelligence (AI) technology, and are actively incorporating AI tools across the full spectrum of their decision-making processes. However, AI tools are currently deployed without a full understanding of their impact on individuals or society, and in the absence of effective domestic or international regulatory frameworks. Although this haste to deploy is understandable given AI's significant potential, it is unsatisfactory. The inappropriate deployment of AI technologies risks litigation, public backlash, and harm to human rights. In turn, this is likely to delay or frustrate beneficial AI deployments. This essay suggests that human rights law offers a solution. It provides an organizing framework that states should draw on to guide their decisions to deploy AI (or not), and can facilitate the clear and transparent justification of those decisions.

Considerations of Regional Coherences for the Development of Renewable Energy Technologies Used in South Part of Transdanubian Region of Hungary

Abstract The existing effective domestic regional development framework requires analyses for increasingly wider areas (micro, meso and even macro regions) before operational – short-term – local developments to be prepared and implemented. Such comprehensive complex studies or larger-term programmes may demonstrate the profitability of the given project and can complement it with combined utilization technologies; in the case of Himesháza several locally known renewable energy sources could facilitate geothermal heat, later electricity supply, e.g. local biomass (biogas-based) recovery technology (organic waste of the local pig farm) and, for example, the construction of a low-power “dwarf” hydroelectric power plant chain based on rich watercourses of the region (the “southern dwarves” in Hungary) and the connection of existing solar utility facilities to a modern “smart grid” system in the longer term. Himesháza, located in southern Hungary in Baranya county, is developing; it has a detailed feasibility study of a thermal energy supply network and an energy supply development plan. Based on the geothermal characteristics of Baranya county it would be reasonable to encourage the development of smaller-scale, decentralized heating systems for dynamic settlements. Several settlements in close proximity to Himesháza have already explored thermal wells. Power generation with a small scale, closed-loop system can be used in the project region for thermal water with an outflow temperature of 90 °C. The heating system may also be able to fulfill the needs of recreational, vacation-based or complex thermal spa facilities formerly planned in the region. Moreover, the system could also be capable of utilizing a larger spectrum of renewable energy through its combination with photovoltaic technology. Due to the country's favorable agricultural characteristics, Hungary's biomass potential is higher than the European average. The utilization of organic waste from agricultural and farming sectors is highly recommended in Baranya county; biogas production seems to be the most suitable in the region of Himesháza too, broadening the utilization of renewable resources. The realization of the current project could contribute to shifting the energy resource sector in a more modern, environmentally conscious direction. The background for shorter-term plans and investment (carried out within the framework of operational programs) necessary for the optimal operation and maintenance of longer-term (25–50 years) energy development strategies is created by the analysis (at multiple scales) of complex regional characteristics and future potential, and the selection of optimal sites.

Urban Domestic Water Governance in the Philippines: Paradigms and Capacities

Abstract The paper analyzes urban water governance paradigms in the Philippines using available literature and describes the various water policies with specific emphasis on the underlying main legal frameworks which relate to urban domestic water governance. It also focuses on various urban domestic water governance actors, institutions and stakeholders involved and engaged in water governance as an added dimension. Employing a synthesis integrative review and policy-capacity analysis, the paper proposes some key policy-capacity solutions in which urban domestic water governance actors and stakeholders can adopt and replicate, such as capacity-building, epistemic governance, and hydrosolidarity, as possible recommendations or ways forward in urban domestic water good governance studies. Finally, the paper recommends the need for potential review and reform of the main legal foundations, functions, and responsibilities of water institutions through the assignment and determination of jurisdictional capacities exclusively to specialized agencies within the urban domestic water governance framework.

The Evolution of National Security at the Interface Between Domestic and International Investment Law and Policy: The Role of China

Abstract As China’s economy grows and the global economy increasingly digitalises, security takes on heightened significance. Security exceptions exist in numerous investment agreements and domestic regulatory frameworks for reviewing foreign investments. These reviews have shifted to focus on China, particularly for investments involving data. Continued expansion of security as a basis for rejecting investment applications threatens economic integration, while allowing international tribunals to review these decisions by ruling on this exception may be counterproductive. Alternatives exist at domestic and international levels. Domestically, a focus on evidence-based assessments and the imposition of conditions may mitigate security concerns. International guidelines and principles are already established to assist investors and investment agencies. Further international rule reform may allow agreed solutions to data concerns in place of security as a catch-all response to perceived threats of foreign investment.

Normative Service Life Of Concrete And Reinforced Concrete Structures And Principles Of Their Design Based On Durability Parameters

The paper systematizes the main criteria necessary to determine the standard service life of concrete and reinforced concrete structures; the state of domestic and foreign regulatory framework is analyzed in terms of requirements for the service life of reinforced concrete structures; the main normative and technical documents are considered in the field of life cycle design of reinforced concrete structures of buildings and constructions. The types of corrosion damages of reinforced concrete structures and their determining factors are described; the internationally agreed models of durability for some degradation processes are given. On the basis of the work carried out, proposals were prepared to assess the corrosion state of the exploited reinforced concrete structures, their residual bearing capacity, operational serviceability, expected service life under specified aggressive actions, and methods for determining the standard service life of reinforced concrete structures. Proposals for the development and updating of a number of relevant regulatory, technical, organizational and methodological documents are given.

The Russian Cohen doctrine: problems in calculating costs and deductions in the absence of proper documentation

The article provides information about a foreign judicial doctrine (the Cohen Rule) that originated in the court case of 1930 with the participation of George Cohen, Broadway Theater manager and producer. The doctrine under consideration that is still valid in the US tax law does not exclude the application of the approximate amount of taxpayer’s expenses when calculating income taxes in the absence of documents verifying expenses. It is concluded that the domestic regulatory framework applies a similar approach that envisages a fixed deduction for individual entrepreneurs under Article 221 of the Tax Code. It is proposed to introduce a similar regulatory framework for corporate income tax.