Domestic Law Research Articles

The Practice of the Caribbean SIDS on the Consent Regime for Marine Scientific Research Under UNCLOS: Trends, Gaps, and Recommendations

This article examines the practice of the Caribbean Small Island Developing States (SIDS) regarding the consent regime for marine scientific research (MSR), identifying trends in the interpretation and application of international law, and implementation gaps. The state practice analyzed is derived from domestic laws, regulations, and policy instruments, and from responses to questionnaires by state officials responsible for interpreting and applying the MSR consent regime. It concludes that the framework is fit for purpose and that states share a common interest of furthering marine research, while proposing recommendations for future-proofing the consent regime and advancing the scientific and technological capacity of the Caribbean SIDS.

State-Level Firearm Laws and Firearm Homicide in US Cities: Heterogenous Associations by City Characteristics.

Despite well-studied associations of state firearm laws with lower state- and county-level firearm homicide, there is a shortage of studies investigating differences in the effects of distinct state firearm law categories on various cities within the same state using identical methods. We examined associations of 5 categories of state firearm laws-pertaining to buyers, dealers, domestic violence, gun type/trafficking, and possession-with city-level firearm homicide, and then tested differential associations by city characteristics. City-level panel data on firearm homicide casesof 78 majorcities from 2010 to 2020 wasassessed from the Centers for Disease Control and Prevention's National Vital Statistics System. We modeled log-transformed firearm homicide rates as a function of firearm law scores, city, state, and year fixed effects, along with time-varying city-level confounders. We considered effect measure modification by poverty, unemployment, vacant housing, and income inequality. A one z-score increase in state gun type/trafficking, possession, and dealer law scores was associated with 25% (95% confidence interval [CI]:-0.37,-0.1), 19% (95% CI:-0.29,-0.07), and 17% (95% CI:-0.28, -0.4) lower firearm homicide rates, respectively. Protective associations were less pronounced in cities with high unemployment and high housing vacancy, but more pronounced in cities with high income inequality. In large US cities, state-level gun type/trafficking, possession, and dealer laws were associated with lower firearm homicide rates, but buyers and domestic violence laws were not. State firearm laws may have differential effects on firearm homicides based on city characteristics, and city-wide policies to enhance socioeconomic drivers may add benefits of firearm laws.

Recognition of Governments and the Case of the Taliban

Abstract This article examines the implications of the largely unexplored, yet very insightful, practice of a broad and divergent group of States concerning recognition of the Taliban, in order to contribute to the understanding of various aspects of the question of recognition of governments. Disregarding their long-standing policy of not making express statements on recognition of governments, many States put forward certain conditions for the Taliban to meet to gain recognition. Based on the arbitrary and idiosyncratic nature of these conditions, the article shows the difficulty of explaining recognition decisions by generally applicable criteria, and further establishes that the Taliban case constitutes another setback for the emerging doctrine of democratic legitimacy. Illustrating a wide range of possibilities of engagement with an unrecognised government, the article also shows that treatment, or acknowledgement, and recognition of an entity as government are two different phenomena, and demonstrates the possibility for “recognition” to be stripped of any legal or practical meaning in a given case. The article also shows that the claim that, regardless of being recognised, a general de facto government is entitled to exercise the State’s international rights and obligations does not seem well established in international law. Though some States accepted the Taliban as such, part of the international community rather alluded that the Taliban bore certain international obligations as a non-State actor, rather than on behalf of Afghanistan. The article also examines the status of unrecognised de facto governments before domestic laws, and demonstrates, among others, States’ flexibility towards such governments’ right to access State property abroad, despite the contrary national practices in the past.

International Legal Dynamics in Combating Cybercrime: Challenges and Opportunities for Developing Countries

The surge of cybercrime in the contemporary digital landscape presents complex challenges, requiring an international legal framework to combat the evolving threats. This article delves into the international legal dynamics surrounding the fight against cybercrime, with a specific focus on the challenges and opportunities faced by developing countries. The research employs a comprehensive analysis of existing international legal instruments, treaties, and collaborative initiatives aimed at addressing cyber threats. The study identifies the multifaceted challenges encountered by developing nations in effectively combating cybercrime. These challenges include the lack of harmonization in legal definitions, jurisdictional complexities, and the rapid evolution of cyber threats outpacing legal responses. Additionally, resource constraints, limited technological capabilities, and varying legal frameworks across borders further complicate the enforcement of cyber laws. Amidst these challenges, the research highlights opportunities for developing countries to enhance their capacities in the global fight against cybercrime. Collaboration and information-sharing mechanisms, capacity-building initiatives, and the alignment of domestic laws with international standards emerge as key opportunities. The article emphasizes the importance of fostering international cooperation to facilitate the exchange of expertise and resources, ultimately fortifying the collective response to cyber threats. In conclusion, the article underscores the urgent need for developing countries to navigate the intricate international legal landscape in combating cybercrime. By seizing opportunities for collaboration and capacity-building, these nations can play a proactive role in shaping a more resilient global cybersecurity framework.

An Analysis of the Use of Fair Price Lists and Other Statistical Values by EU Customs Authorities

This article addresses whether or not fair price lists and other statistical values can be used to reject a declared transaction value in accordance with the procedure laid down in article 140 of the Union Customs Code Implementing Regulation. The authors discuss the usefulness of statistical values for determining customs values in light of GATT principles, CJEU case law and Netherlands domestic case law. Given the increasing importance of the overlap between customs and transfer pricing regulation, the article briefly examines this topic from a transfer pricing perspective.

Exploring South Africa’s Cybersecurity Legal Framework regulating Information Confidentiality, Integrity, and Availability

The discussion critically evaluates the effectiveness of laws dealing with cyber threats within the context of the South African cybersecurity landscape. It deals with the legal response to non-state cyber operations to national security and law enforcement by means of the domestic law and not with state or state-sponsored cyber operations which falls within the remit of the international law. Globally the digital ecosystems of all countries face a common denominator, namely the threat of cyber operations and how to deal with it effectively. There are various cyber operations, but the discussion mainly deals with cyber operations that target the confidentiality, availability and integrity of information and the effectiveness of the South African cybersecurity legislation in protecting information. The effectiveness of the following legislation will be deliberated: • The Protection of Personal Information Act (POPIA) 4 of 2013. POPIA does not define a data breach, nor does it indicate the time in which the breach must be reported to the Information Regulator (IR). In 2021 the Department of Justice and Constitutional Development (Department) suffered a ransomware attack. The breach was reported to the IR. In July 2023 the Department became the first institution to be fined for failure to comply with an enforcement notice. • The Cybercrimes Act 119 of 2021. The ransomware attack suffered by the Department in 2021 constitutes a cybercrime, but how effective is the Cybercrimes Act to facilitate the investigation and prosecution of the threat actor(s) who orchestrated the attack? Should there not be guidelines in respect of a ransomware attack prescribing a compulsory reporting obligation or discouraging payment of ransom. The first line of defense to offensive non-state cyber operations is a robust and resilient cybersecurity legal framework. Although a government cannot eliminate all possible threats, it can mitigate the risks, and this can be achieved by means of a comprehensive cybersecurity strategy. A country should have a cybersecurity strategy and it will be determined if for example the 2023 United States of America cybersecurity strategy could serve as guidance to South Africa. Why is your paper of interest to the conference participants? Use this space to persuade the reviewers why they should select this abstract for the conference : In today’s digital world, one cannot ignore the importance of cybersecurity. One single security breach may result in the exposure of the personal information of millions of people. Cybersecurity legislation is therefore essential to ensure the protection of government departments, institutions, businesses and individuals against malicious cyber operations.

International experience of combating criminal interference with the legal activities of military formations

The article analyzes international and foreign experience in combating criminal obstruction of the legitimate activities of military formations. Based on the experience of foreign countries, the strategies and methods used to prevent and counteract criminal obstruction of military operations are highlighted. International legal acts and agreements aimed at ensuring the security and protection of the legitimate interests of military formations in the performance of their duties are studied.
 Military formations performing their duties in conflict and insecure environments often face criminal obstruction of their legitimate activities. This may include attacks on the military, destruction of military property, restriction of access to resources and other acts aimed at violating the rule of law and disrupting the military regime.
 The issue of criminal obstruction of legitimate activities in the international and/or foreign dimension attracts the attention of both domestic and international scholars. At the same time, in the scientific literature, this issue is considered to a limited extent only in relation to obstruction of a specific type of activity of a person, business entities, officials, public and state figures, journalists and other victims. This is highlighted in the scientific works of such scholars as N.O. Gutorova, S. V. Mohonchuk, and Y V. Pylypenko [1, p. 79]. However, the science of criminal law lacks a theoretical basis for the international and foreign experience of combating criminal obstruction of the lawful activities of military formations. Thus, the purpose of the article is to reveal this issue and to provide a theoretical substantiation of the key elements of the crime under Article 114-1 of the Criminal Code of Ukraine.
 M.D. Sergievsky stated that scientific research cannot be limited to the positive law of any one nation (domestic law). And the necessary material should be the used definitions of the law of other states [2, p. 3].

A study on the interpretation and application of the ‘International Concern Provisions’ of Chinese Coast Guard Law

The Chinese Coast Guard Law was adopted and came into force in 2021. This has prompted discussion in the wider international community. This paper first interprets the ‘International Concern Provisions’, including ‘areas under the jurisdiction of China’, ‘forcible measures against illegal acts of foreign warships and government vessels’, and ‘the nature of coast guard agency’. The concept of those waters under Chinese jurisdiction denotes the scope of maritime rights as authorized by the United Nations Convention on the Law of the Sea and the waters it claims by historical precedent. It is concluded that the Chinese Coast Guard has the right to use weapons according to domestic law, but it should still align with international law and customs when taking forcible measures against any illegal acts committed by foreign warships or government vessels. The main duties of the Chinese Coast Guard are to protect maritime rights and enforce the law. The Chinese Coast Guard agency has the dual attributes of being part of the national armed forces and a law enforcement authority. China should improve the concept of ‘maritime rights protection and law enforcement’, promote the connection between the Chinese Coast Guard Law and other maritime domestic laws, and strive for better understanding and recognition in the international community while safeguarding extant maritime rights and interests.

Prevention and counteraction of mobbing in labor relations: regulatory and legal support in Ukraine

The article examines the legislative regulation of the concept and forms of mobbing, responsibility for committing such acts. Attention is drawn to the fact that the problem of mobbing is relevant not only for our country, where it is increasingly possible to observe cases of this phenomenon at work (harassment of an employee by both colleagues, subordinates, and management), but also for European countries, where they know what is mobbing and have long since legally regulated the issue of preventing and countering this phenomenon. It is noted that Ukraine has also joined European countries in this matter by adopting the Law "On Amendments to Certain Legislative Acts of Ukraine on Prevention and Counteraction to Mobbing (bullying)” dated 11.16.2022 No. 2759-IX, which brought the norms of Ukrainian legislation in accordance with European and provided protection against discrimination and psychological pressure in the workforce. It is noted that the legislative regulation of the concept and forms of mobbing, responsibility for committing such acts will contribute to the protection and protection of the rights of employees, as well as overcoming mobbing as a negative phenomenon in labor relations. At the same time, it was concluded that despite the fact that the concept of "mobbing” is legally defined, the responsibility for it, many issues still remain today, which need to be resolved. Since the amendments to the legislation gave birth to many aspects that were not familiar either to the practice or to the science of domestic labor law. Yes, now the psychological and economic pressure of employees has become an additional reason for terminating the employment contract; the regulation of mobbing established new areas of employer responsibility, and also gave rise to many unanswered questions - how to distinguish bullying from a joke; whether to consider the use of obscene language as mobbing; is it considered mobbing when an employee compares his work with the work of another employee and complains about being overworked compared to a colleague; where the line will be drawn between the employer's legal requirement for the employee to perform the job well and mobbing the employee and many others. There is also an objective need to develop a legal mechanism to protect employees from mobbing, which would provide legal certainty regarding this phenomenon in labor relations.

Work Related Rest-An Employer’s Favour or Employee’s Right? A Perspective of Ghana’s Legal Regime

Work related rest is highly ignored by employers especially in Ghana’s private corporate sector. In a highly competitive job market and scarce job opportunities, employers tend to perceive jobs as favour being made to employees. This perception tends to influence employers to deprive employees of their necessary work-related rest breaks rightfully due them. Such actions by these employers in most cases seem uncontested by employees since they are not privy to their rights to work related rest or tend to apprehend fear that they might lose their jobs in a bid to agitate for their legal rights to rest breaks. Alternatively, an employer may not restrict an employee’s right to rest breaks but rather, employees may tend to ignore their rights to rest especially in the form of annual leave for want of excessive financial gain. This paper highlights provisions on work related rest from Ghana’s Labour Act,2003 (ACT 651) which is a domestic law drawn from the International Labour Organization. The manuscript advances practicality of the sections on rest breaks highlighted by the Labour Act of Ghana by introducing both Ghanaian and Common law cases on rights and obligations of employers and employees in relation to rest breaks in Ghana.

Falsification of registration of organizations and registration of rights to securities in domestic criminal law

The article deals with the genesis of domestic criminal legislation on liability for distortion of accounting register information about legal entities and securities (Art. 1701 of the Criminal Code of the Russian Federation). The relevance of the topic is due to the lack of scientific research in the field of the noted encroachment. The main task is to search for and study criminal-legal norms ensuring the reliability of the mentioned information. Based on formal-legal and historical-legal methods of research it is concluded that the required criminal-legal norms in the pre-revolutionary period were absent, and there was a gap in the part of protection of the reliability of the register of securities owners, which was not filled until 2010. For the first time since the introduction of the registration of organizations in the Soviet period the submission of inaccurate information for this purpose was considered a crime (Art. 90, 226b of the Criminal Code of the RSFSR of 1922, Art. 187 of the Criminal Code of the RSFSR of 1926). At the present stage of the Criminal Code of the Russian Federation initially prohibited only the submission of false or distorted information, preventing fictitious registration in the Unified State Register of Legal Entities of business entities (part 1 of Art. 171), and only since the middle of 2010 (with an addition in 2018) and to this day the reliability of information of the accounting system of the securities market and registration data on all legal entities in the country has been put under the protection of the criminal law against falsification and distortion (Art.1701).

Take Companion Animals as an Example to Explore the Legislative Dilemma of Animal Welfare

By comparing the current animal protection laws and regulations at home and abroad, this paper points out the existing problems and legal gaps in China's animal protection laws and regulations, and focuses on summarizing the disputes and dilemmas in China's animal welfare legislation, namely the disputes in rights and the disputes in utilization and protection. This paper analyzes the meaning and feasibility of the theory of "abolition of use" and "limited use" in academic circles and briefly analyzes the impact of animal welfare issues on China's foreign trade and international cooperation, explains the necessity and importance of animal welfare legislation, and puts forward legal solutions with high feasibility. Then, taking companion animals as an example, combined with the previous analysis of the current situation of China's domestic law, specifically explained the disputes in the rights of companion animals and the dilemma of power empowerment, and put forward the problems in the utilization and protection of companion animals through practical examples, and finally put forward a more specific and comprehensive solution.

Delegating war initiation to machines

ABSTRACT The use of autonomy to initiate force, which states may begin to view as necessary to protect against hypersonic attacks and other forms of ‘hyperwar,’ may effectively constitute a delegation of war-initiation decision making to a machine. Yet legal questions about whether and when the leader of a country may delegate their decision making to others – and normative questions about whether he should do so – can be complicated. Any state that intends to introduce significant autonomy into such systems should assess whether and how the use of autonomy in war-initiation comports with its domestic laws and norms that govern the delegation of the use of force.

Espionage, Ethics, and Law: From Philosophy to Practice

In this paper, I respond to Lars Christie, David Omand and Stephen Ratner for their thoughtful comments on my book Spying through a Glass Darkly. In that book, I provide a philosophical defence of espionage and counter-intelligence activities. I have little to say about how best to implement the moral norms I defend so that they can help guide intelligence officers’ actions, in the world as we know it here and now. Relatedly, I have little if anything to say about whether domestic and international law should reflect and entrench those norms. These are the gaps which David Omand’s and Stephen Ratner’s contributions seek to fill. First, though, I consider Lars Christie’s probing objections to my views on the ethics of deception.

International law obligations for the disposal of Fukushima nuclear-contaminated water under the principles of nuclear safety

The disposal of contaminated water from Japan’s Fukushima nuclear power plant is a significant international nuclear safety issue with considerable cross-border implications. This matter requires compliance not only with the law of the sea but also with the principles of nuclear safety under international law. These principles serve as the overarching tenet of international and China’s domestic nuclear laws, applicable to nuclear facilities and activities. The principle of safety in nuclear activities is fully recognized in international and domestic laws, carrying broad legal binding force. Japan’s discharge of nuclear-contaminated water into the sea violates its obligations under the principle of safety in nuclear activities, including commitments to optimum protection, as low as reasonably practicable, and prevention. The Japanese government and the International Atomic Energy Agency (IAEA) have breached the obligation of optimum protection by restricting the scope of assessments, substituting core concepts, and shielding dissenting views. In the absence of clear radiation standards, they have acted unilaterally without fulfilling the obligation as low as reasonably practicable principle. The discharge of Fukushima nuclear-contaminated water poses an imminent and unpredictable risk to all countries worldwide, including Japanese residents. Japan and the IAEA should fulfill their obligations under international law regarding disposal, adhering to the principles of nuclear safety, including optimum protection, the obligation as low as reasonably practicable, and prevention through multilateral cooperation. Specifically, the obligation to provide optimum protection should be implemented by re-evaluating the most reliable disposal technologies and methods currently available and comprehensively assessing various options. The standard of the obligation as low as reasonably practicable requires that the minimization of negative impacts on human health, livelihoods, and the environment should not be subordinated to considerations of cutting costs and expenses. Multilateral cooperation should be promoted through the establishment of sound multilateral long-term monitoring mechanisms for the discharge of nuclear-contaminated water, notification and consultation obligations, and periodic assessments. These obligations under international law were fulfilled after the accidents at the Three Mile Island and Chernobyl nuclear power plants. The implications of the principles of nuclear safety align with the concept of building a community of shared future for nuclear safety advocated by China. In cases of violations of international law regarding the disposal of nuclear-contaminated water that jeopardize the concept of a community of a shared future for nuclear safety, China can also rely on its own strength to promote the implementation of due obligations through self-help.

The Application of the National Land Boundary Law and International Treaties in Domestic Law

Article 31 of the National Land Boundary Law of the People’s Republic of China stipulates the application of this law and international treaties, which is the technical embodiment of the incorporation of international treaties into domestic law. Through comparison, it is found that, unlike other Chinese laws that directly stipulate that “if this Law has different provisions from international treaties, international treaties shall apply”, Article 31 adopts the concept of “otherwise stipulated”. In this way, the particularity of land boundary and border management affairs is combined with the interpretation of “other provisions”, so as to solve the relationship and application of the Land Boundary Law and international treaties.

Addressing Japan’s disposal of nuclear-contaminated water from the perspective of international human rights law

The discharge of nuclear-contaminated water containing radionuclides into the ocean by Japan will lead to its integration into the entire ecosystem through processes of circulation and biomagnification, eventually entering the human body via the food chain. This poses a substantial risk of irreversible damage to both the ecosystem and human health, a situation that will worsen with the ongoing discharge of such water. The respect and protection of human rights represent an international consensus, and safeguarding fundamental human rights is a substantial obligation that states must undertake in accordance with both international and domestic law. Since the Fukushima nuclear disaster, Japan has continuously violated its international legal obligations to protect human rights in several areas, including the resettlement of disaster victims, the reduction of nuclear radiation levels, and the handling of contaminated water. Such actions have compromised and will continue to compromise the basic human rights of not only its citizens but also those of people worldwide, including environmental rights, the right to life, development rights, and food rights. In the aftermath of the Fukushima meltdown, the public and workers involved in handling nuclear contaminants have been continually exposed to high radiation levels, endangering their rights to life, development, and health. Japan’s inadequate efforts in victim resettlement and environmental restoration have jeopardized the environmental and food rights of its citizens to live healthily and access food in an environment unaffected by nuclear radiation. The release of nuclear-contaminated water poses a risk of Japan’s nuclear pollution to the people of neighboring countries and the global population at large. The principle of human rights underpins the theory of a community with a shared future for humanity, and human rights are a crucial area of China’s active participation in United Nations affairs and global governance. By voicing concerns over Japan’s potential human rights violations globally, China demonstrates its role as a responsible major country. In response to Japan’s breach of legal obligations and human rights violations, China can adopt a reasoned and beneficial approach, including calling on the international community to hold Japan criminally accountable for crimes against humanity under the Rome Statute and advancing scholarly discussions on ecocide and crimes against the marine environment. Furthermore, China should persist in seeking advisory opinions from the International Court of Justice and strive for substantive accountability, utilizing the mechanisms of international human rights organizations to make its voice heard.

Assessment of current child abuse policies in Saudi Arabia within the healthcare context: a comprehensive review

Background Global efforts to protect children from violence have been ongoing since the early 20th century. In Saudi Arabia, several policies were implemented to protect children from abuse and exploitation. Objective This review examines the current landscape of child abuse policies within the healthcare system of Saudi Arabia, evaluating the existing challenges and identifying areas for improvement. Methods This comprehensive review utilized multiple databases, including Google Scholar, Scopus, and PubMed, to identify articles relevant to child abuse, neglect, or adverse childhood experiences in Saudi Arabia. Moreover, Saudi Arabia’s governmental websites were reviewed to retrieve relevant laws and legislative documents. Results Several international agreements and domestic laws were implemented in Saudi Arabia, including the establishment of the National Family Safety Program (NFSP) (2005), Anti-trafficking in Persons Law (2009), Law for Protection from Abuse (2013), Child Protection Law (2014), Anti-Harassment Law (2018), and Juveniles’ Law (2018). Moreover, the Ministry of Human Resources and Social Development (MHRSD) oversees the implementation of these laws and provides support to abuse victims. However, despite existing legal frameworks, detecting and reporting child abuse cases in Saudi Arabia’s healthcare system faces challenges, including a lack of awareness, inadequate training, and the latest child abuse manual established in 2014. Conclusion While progress has been made, efforts are required by a multifaceted approach encompassing training healthcare providers, intersectoral collaboration, awareness campaigns, and developing a revised manual aligned with current laws in the Kingdom.

Criminal Law Assessments of the Exploitation of Prostitution Practised by Humanoid Robots

Abstract The subject of this study is the criminal law issue of exploiting prostitution practised by humanoid robots. Interest in this issue stems from two main reasons. Firstly, the development of new technologies, including artificial intelligence capable of self-education, analysis of the surrounding reality, and decision-making necessitates the consideration of its legal subjectivity. Secondly, the emergence of brothels employing humanoid robots prompts reflection on the criminal responsibility of those who benefit from the prostitution facilitated by them. This article aims to highlight the phenomenon of using humanoid robots in prostitution, offer a criminal law assessment of such behaviour from the perspective of Polish criminal law, and suggest the direction for the development of domestic criminal law to accommodate this phenomenon in the future. Additionally, it addresses the issue of criminal liability for harm caused by a humanoid robot equipped with artificial intelligence while providing sexual services. The article predominantly employs the dogmatic-legal method, performing an exegesis of the provisions of Article 204 of the Criminal Code in the context of the issue signalled. The analyses have concluded that this norm does not encompass in which the perpetrator facilitates, induces prostitution of a humanoid robot or derives financial benefits from such activities, despite such behaviour being detrimental to morality, the fundamental good protected under Article 204 of the Criminal Code. De lege lata, a humanoid robot may also not be subject to criminal liability if it harms a person using its sexual services, as such an ‘essence’ does not align with the current structure of crime and the concept of criminal punishment. However, the liability of manufacturers or users of such devices is not ruled out. It should be noted that as humanoid robots become more autonomous, holding producers or users criminally liable for damages they cause becomes less justifiable, and the applicability of artificial intelligence liability similar to the criminal liability of legal persons becomes more relevant.

Vizantijskij tranzit yuridicheskoj iudaiki v otechestvennoe ugolovnoe pravo

he purpose of this work is to study the historical and legal phenomena of penetration into the legal space of Russia provisions of Hebrew law in the process of global reception of Christianized law of the Eastern Roman Empire in the 11th 17th centuries. Judaica not only influenced the formation of domestic legal acts (in the aspects of legal goal-setting, the specifics of legal technology, etc.) the provisions of the Law of Moses were included as an autonomous segment in systematized domestic codes and were subject to direct application by state authorities of Russia. Understanding the true historical roots of the formation of domestic law forms the foundation for its development currently and release the reform of Russian criminal law from artificially imposed dependence on the trends in the development of European public law.