Emergency Law Research Articles

Społeczeństwo a prawo konstytucyjne. O roli socjologii prawa w prawie konstytucyjnym

Sociology as one of the social sciences is an empirical science and its research is based on facts. Sociologists use the concept of social facts, meaning ways of proceeding that can be distinguished from among various behaviours common in society. However, these are phenomena whose features clearly differ from phenomena studied by other sciences. In this work, the author wanted to take a closer look at the influence of the sociology of law on the broadly understood constitutional law, because in recent years the literature has not paid much attention to this issue. In this work, the author, based on the definition of constitutional law in the broad sense, and thus not limited only to the analysis of the codified constitutions, will try to indicate the important role of sociology and its research methods in the dogmatic study of this area of law. In the first place, the work will discuss examples showing the important role of sociology of law in establishing new and interpreting the existing law – on the example of religious law, the law of local self-government, the states of emergency law. This discussion will be supported by references to examples of legislation from various countries and by referring to the opinions of various legal theorists. Then the author will move on to an even broader approach to constitutional law, as the perspectives of international constitutionalism, i.e., acts of international law, including those recognized by some as international constitutions and their sociological and legal analysis. The considerations presented in the paper are aimed at showing the important role of sociological sciences in the contemporary science of constitutional law.

Pemidanaan Terhadap Pelaku Penangkapan Ikan dengan Penggunaan Bahan Peledak

The fishing that is carried out will have a bad effect on the marine ecosystem, but great benefits can be obtained for the fishermen. Catching fish using explosives is a criminal act in the field of fisheries and such actions may be subject to sanctions as regulated in Law Number 45 of 2009 concerning Fisheries and the Emergency Law on firearms. This study examines legal arrangements regarding the use of explosives in fishing and reveals criminal sanctions against perpetrators of catching fish with the use of explosives. The method used is normative legal research with a statutory approach. The data sources used are primary and secondary data obtained through recording and documentation techniques, then the data is processed by legal interpretation. The results of the study revealed that the legal rules regarding fishing carried out using a hazardous material or explosives have been regulated in Law Number 45 of 2009 concerning Fisheries and the Emergency Law concerning explosives and firearms. Criminal sanctions that can be applied to perpetrators are regulated in Article 84 paragraph (1) to paragraph (4) of Law Number 45 of 2009 concerning Fisheries.

Ukrainian experience in implementation of the flexible provisions of the TRIPS Agreement in the context of European integration and the pandemic

Keywords: intellectual property, human rights, patients' rights, pharmaceutical nationalism,protectionism, vaccines, generics, COVID-19
 The article concerns the analysis of global trends in theparadigm of intellectual property rights on the objects used in the diagnosis, preventionand treatment of COVID-19. The experience of the implementation of pharmaceuticalnationalism policies provided by the EU, Canada and Israel are presented in the article.The authors provide the legal backgrounds of the need for Ukraine to be a co-sponsor ofthe IP waivers proposals, which are submitted to the TRIPS Council by some membersof the WTO. The authors stress the need for Ukraine to use the historic opportunity forthe development of the national pharmaceutical industry, which would contribute tothe interests of the domestic patient, and make proposals for the necessary changes tonational legislation.The authors also stressed the position of the governments of Germany and France.Thus, in Germany there is the Law on Governmental Use of Patented Inventions duringa Pandemic. The law provides, inter alia, for amendments to the Patent Law, accordingto which the Federal Ministry of Health has the right to authorize the use of relevantpatents to ensure the production and supply of pharmaceuticals or medical devices.In 2020, France adopted the Emergency Law № 2020-290 to combat theCOVID-19 epidemic, which introduced Article 3131 15 of the French Public HealthCode. This rule authorizes the Prime Minister to issue orders to recover or seize allgoods and services necessary to combat the disaster, to temporarily control the price ofproducts and, if necessary, to take any measures to ensure that patients are providedwith appropriate drugs to deal with the disaster, related to health. It is useful forUkraine to use the experience of Canada in terms of facilitating negotiations with majorvaccine manufacturers to establish national drug production and in terms of developinglegislation in the field of compulsory licensing.It is obviously, voluntary licences from patent owners, which provide for the fulltransfer of technology, and not just patent disclosure, are the most effective tool for thenational production of biosimilars. However, international experience shows that pharmaceuticalcompanies are holding back the issuance of compulsory licences. Therefore,our government's biosecurity portfolio should include an effective tool for compulsory licensingor emergency use of biosimilars and generic drugs by the Government.

Preparedness for Mass Casualty Incidents: The Effectiveness of Current Training Model.

The importance of MCI organization and training was highlighted by the events of September 11, 2001. Training focuses on the management of physical injuries caused by a single traumatic event over a well-defined, relatively short timeframe. MCI management is integrated into surgical and trauma training, with disaster management training involving the emergency services, law enforcement, and state infrastructure agencies. The COVID-19 pandemic revealed gaps in the preparedness of nation states and global partners in disaster management. The questions that arose include 'has training really prepared us for an actual emergency,' 'what changes need to be made to training to make it more effective,' and 'who else should training be extended to?' This article focuses on the importance of involving multiple sectors in mass casualty training and asks whether greater involvement of non-medical agencies and the public, in operational drills might improve preparedness for global events such as the COVID-19 pandemic.

Yuridis Tindak Pidana Tanpa Hak Membawa Senjata Tajam pada Putusan Nomor 538/PID.SUS/2018/PN.MDN

This study aims to find out about criminal acts without the right to carry sharp weapons in Medan City and criminal law policies against people without the right to carry sharp weapons in Medan City. This study uses a normative juridical research method with descriptive analysis with a case approach and a statutory approach, then the data analysis is carried out qualitatively. The results of the study indicate that the legal rules regarding the crime of carrying sharp weapons are regulated in the Emergency Law Number 12 of 1951 concerning the Regulation of Sharp Weapons, Law no. 2 of 2002 concerning the National Police of the Republic of Indonesia and Law Number 1 of 1946 concerning Regulations concerning Criminal Law. The driving faktors for the occurrence of criminal acts without the right to carry sharp weapons in the city of Medan are divided into internal faktors and external faktors. The criminal law policy against people who carry sharp weapons in Medan City consists of a penal policy and a non-penal policy where the penal policy is carried out by legally processing the perpetrators, followed by examining the defendant at trial. The non-penal policy is carried out by increasing public awareness through socialization, carrying out strict supervision by increasing raids and patrols, as well as the importance of parents' attention to their children.

Penegakan Hukum terhadap Tindak Pidana Tanpa Hak Menguasai Senjata Tajam dalam Aksi Unjuk Rasa Penolakan RUU KUHP

This paper aims to examine and analyze the rule of law, law enforcement and criminal policy against criminal acts without the right to control sharp weapons. To approach this problem, the theory of the legal system is used. The data were collected through interview guidelines and analyzed qualitatively. This study concludes that the rule of law regarding law enforcement against criminal acts without the right to control sharp weapons in demonstrations is regulated in Emergency Law Number 12 of 1951 in Article 2 paragraph (1), Law no. 9 of 1998 concerning Freedom to Express Opinions in Public in Article 16, Perkapolri No. 7 of 2012 concerning Procedures for the Implementation of Services, Security, and Handling of Public Opinion Cases in Article 8 letter j. Law enforcement against criminal acts without the right to control sharp weapons in demonstrations against the Criminal Code Bill at the Medan District Court is carried out through investigations, prosecutions and judges' decisions. The criminal law policy against people who carry sharp weapons in Medan City consists of a penal policy carried out by legally processing the perpetrators, followed by examining the defendants at trial. Non-penal policies as a preventive measure for criminal acts without the right to control sharp weapons are counseling, raids and community participation.

The response to COVID-19 and legal determinants

The panelist will focus on the distinction between ethics, law and on requirements towards building progressive alternatives from the legal perspective. It will also examine the impact legislative and regulatory framework and jurisprudence have on the enjoyment of the right of health during COVID-19. During the pandemic many national frameworks used emergency law in order to introduce containment and mitigation measures into society. Most of these were enacted as emergency legislation, and this poses certain additional challenges in terms of the rule of law, given the often limited impact assessment or the absence of judicial review. These key characteristics that carry an element which can only be deemed appropriate given temporal limitations. From divergent national responses to combat COVID-19 to broader multilateral agreements on global health security, inequities have come to the fore. Assessing the proportionality of measures adopted to achieve legal aims necessitates an interdisciplinary and cross-sectoral collaboration and examination, as well as embedding mechanisms to systematically monitor broader implications for global health, and societal cohesion and resilience. Law is a part of interdisciplinary collaboration needed to achieve efficient commitments in order to combat the COVID-19 pandemic effectively. Even though law itself is not a panacea, remedying broader societal inequities, it is an essential step needed towards implementation of effective health policies into society. Indicative examples on aspects of interest and steps taken by payers to ensure equitable access for all will be elaborated upon. An overview on the implications of dynamics between developed and developing countries will also be presented, with due emphasis on the future of both European and global health and partnerships for accessibility and accountability.

Problem Pemberian Amnesti oleh Presiden Dalam Perspektif Kepentingan Negara

Article 14 Paragraph (2) of the 1945 Constitution determines that the President grants amnesty and abolition by taking into account the considerations of the House of Representatives. in the provisions of Article (1) of the Emergency Law no. 11 of 1954 concerning Amnesty and Abolition states that "The President, in the interest of the state, can grant amnesty and abolition to people who have committed a criminal act. The President granted this amnesty and abolition after obtaining written advice from the Supreme Court which conveyed the advice at the request of the Minister of Justice.” The issue related to amnesty is that there is no more detailed clarity regarding the criteria for granting amnesty for the benefit of this country, whether the granting of amnesty is only intended for politically charged cases or can also be given for general criminal acts, especially in history, amnesties have been granted only for political crimes. The identification of the problems in this study are: First, the extent to which the granting of amnesty in Indonesia is in accordance with the criteria of the state's interest. The method used by researchers in this study is normative juridical. The results of this study indicate that the most important criterion of the existence of the state's interest is the stability of the state administration system and the guarantee of rights for citizens. The ideal conditions that need to be regulated in amnesty are: Amnesty restrictions are not granted for extraordinary crimes; not allowed to impeach the President. As for the ideal procedure, apart from referring to the 1945 Constitution and the Regulation of the Minister of State Secretary, the granting of amnesty must also ask for consideration from the Supreme Court, so that the granting of amnesty is not only seen for political interests, but also for the interests of the state.

Republican Theory and the EU: Emergency Laws and Constitutional Challenges

The COVID-19 pandemic has raised many intriguing questions both in the EU and globally, from the critical task of safeguarding lives to technical legal issues about competences to regulate health as well as the boundaries of emergency laws. This paper is interested in the connection between non-domination theory and the EU’s constitutional structure in the context of emergency laws. A key theme of the paper is that risk and emergencies are nothing new in an EU context, but concepts used by the legislator in a wide range of policy areas which give rise to a number of constitutional challenges. The paper sketches out the main characteristics of non-domination and republication theory and addresses the question of how and why the notion of non-domination may be useful for understanding the EU constitutionalism venture in the framework of risk and emergency laws.

Scenario Evolution Analysis of Unconventional Emergencies Based on Social Network Analysis

In recent years, unconventional emergencies have occurred frequently in China, which have seriously threatened people’s life and property safety. It is beneficial to analyze the scenario evolution of unconventional emergencies to grasp the focus of emergency management. In this paper, a questionnaire survey was conducted on a factory in the “5.12 Wenchuan Earthquake”, and the accident was divided into four scenarios: ten minutes before the earthquake, during the earthquake and the escape process, the local self-rescue process, and the external rescue process. Social Network Analysis method is used to explore the scenario evolution law of unconventional emergencies, and relevant suggestions are made in combination with the rules.

Local, Regional and Transnational Queer-feminist Arab, Muslim, and People of Color Insurgent-Abolitionist Horizons

How can radical queer-feminist contestations of the longstanding disciplining and punishment of women, trans peoples, and gender dissidents elucidate the blast radius of the multiple, dynamic, intersectional ‘cages’ that define the daily conditions of racialized gendered-queer life that require obliterating? I examine the notion of capitalist and authoritarian nation-state ‘cages’ that punitively condemns racialized queer-feminist lives in the decolonial context of gender-based sexual harassment in Egypt and the inspiring autonomous and lateral anti-authoritarian and anti-capitalist initiative that some of my queer-feminist Egyptian and Muslim fieldwork participants incepted to combat harassment in an ongoing post-revolutionary Egyptian ‘Arab Spring/Islamist Winter.’ My participants did not rely on state-discipline and carceral punishment mechanisms nor did they seek to replicate the reproduction of patriarchal violence towards abusers. Rather, through knowledge production (al-intag al-marify) they sought a more compassionate-transformative justice approach in combatting harassment that centered on illuminating harassment as a micro-fascistic cis-heteropatriarchal by-product emergent from macro-fascistic statist and capitalist structural hierarchies and inequities that cyclically reify each other at the vertical and horizontal level. Even prior to a covet19-viral laden world, they recognized that there is nowhere left to hide (if there ever was one for innumerable disenfranchised racialized/queered/feminized/classed/disabled/debilitated lives marked and targeted by a necro-politics of death. They gesture towards a non-ideological revolutionary driven ethics and politics that demands that we must all ask how we will collectively decide how live or die. They reject playing to a statist-politics of recognition, reform and rights, or recourse to martial and emergency laws that are contingent on and reify capitalist-state paradigms that (further) strips and extinguishes our communitarian and individual agency as a species. Instead, they argue for a politics of responsibility that focuses on interconnecting the burning ashes, timbres, and fires of our intersecting local, regional, and transnational struggles through mutual aid and social solidarity towards each other and nonhuman life.

Bose-Luttinger liquids

We study systems of bosons whose low-energy excitations are located along a spherical submanifold of momentum space. We argue for the existence of gapless phases which we dub "Bose-Luttinger liquids", which in some respects can be regarded as bosonic versions of Fermi liquids, while in other respects exhibit striking differences. These phases have bosonic analogues of Fermi surfaces, and like Fermi liquids they possess a large number of emergent conservation laws. Unlike Fermi liquids however these phases lack quasiparticles, possess different RG flows, and have correlation functions controlled by a continuously varying exponent $\eta$, which characterizes the anomalous dimension of the bosonic field. We show that when $\eta>1$, these phases are stable with respect to all symmetric perturbations. These theories may be of relevance to several physical situations, including frustrated quantum magnets, rotons in superfluid He, and superconductors with finite-momentum pairing. As a concrete application, we show that coupling a Bose-Luttinger liquid to a conventional Fermi liquid produces a resistivity scaling with temperature as $T^\eta$. We argue that this may provide an explanation for the non-Fermi liquid resistivity observed in the paramagnetic phase of MnSi.

Sphere Of Influences In Public Policy Domain During EmergencyTo Combat COVID-19

The spreading of Covid19 as a global pandemic has tested countries around the world at many levels. From mental strength to economic resiliency and far stretching to include legality of issues. A year later, the world is still not in a better place. Malaysia, like others are fighting the thirds waves of the pandemic, believed to be more fatal than before. From March 2020 until to date, Malaysians have been placed under complete lockdown before that order was relaxed and tighten again when the numbers of infected patients and deaths skyrocketed. Now Malaysia is placed under emergency order and law. Strangely the emergency order is issued while the complete and conditional Movement Control Orders (MCO) are still in effect. Since an emergency is a situation where the country could not be managed under regular administrative system, it is important to know which parties that are majorly involved in currently running the country to fight Covid19 has the overriding power over the others, what are their rights or limitations. Between the emergency order, complete MCO and conditional MCO, which one should be prioritized and how long would Malaysia remain under emergency? The answer could be found by studying the sphere of influences in the public policy domain. The article is qualitative in nature; data is collected from legal documents, judicial precedents and article writings. The sphere of influences during emergency time is more complex than usual. The legislative and executive powers are concentrated to one or two party(s) with enormous authorities and expansive jurisdictions.

Foreign experience in constitutional and legal regulation of restrictions on human rights in conditions of emergency and martial law

The study investigates the foreign experience of constitutional and legal regulation of restrictions on human rights in conditions of emergency and martial law in Macedonia, Armenia, Belarus, Moldova, Georgia, Latvia, Lithuania, Albania, Azerbaijan, which is relevantin modern conditions, based on the presence of local military conflicts, emergencies, or the possibility of their existence in many countries of the world. The purpose of this study was to analyse the text and content of the constitutions of foreign countries to clarify and explain the groundsfor restricting human and civil rights and freedoms in conditions of emergency and martial law. To achieve this purpose, the study employed a system of methods of scientific cognition, namely general scientific (analysis, synthesis), particular (comparative, quantitative and qualitative analysis, approximation), as well as special legal (formal legal, comparative legal) methods. The practical value of the study lies in the identification of four prevailing trends in the constitutions of foreign states to the procedure for determining the scope of restrictions on human rights under special regimes: 1) consolidation of an exhaustive list of rights and freedoms in the constitutions, which cannot be restricted during the period of emergency and martial law; 2) consolidation of an exhaustive list of rights and freedoms in the constitution, which can be restricted to protect human rights, the democratic structure of the state, public safety, the well-being of the population and morals; 3) combining the first two options for consolidating restrictions in the text of the constitutions; 4) consolidation of the possibility of limiting the rights and freedoms of the individual in the texts of constitutions by state authorities under special legal regimes in the interests of national security without specifying partiular rights and freedoms that may (or may not) be restricted

Exploring collective health security in a new age of pandemics. A review of Sara E. Davies’ Containing Contagion.

In Chapter Two, Davies walks the reader through the political context of Southeast Asia in relation to the management of infectious disease outbreaks In Chapter Five, Davies impressively surveys surveillance reports relating to the ASEAN states from 1996 to 2010, thereby tracking the changing performance in disease surveillance and response during this period In Chapter One, Davies provides a historical account of the negotiation and adoption in 2005 of the revised International Health Regulations (IHR), described as "a significant diplomatic coup for the WHO" (p 16) [Extracted from the article] Copyright of Singapore Journal of Tropical Geography is the property of Wiley-Blackwell and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission However, users may print, download, or email articles for individual use This abstract may be abridged No warranty is given about the accuracy of the copy Users should refer to the original published version of the material for the full abstract (Copyright applies to all Abstracts )

Dynamical Freezing and Scar Points in Strongly Driven Floquet Matter: Resonance vs Emergent Conservation Laws

We consider a clean quantum system subject to strong periodic driving. The existence of a dominant energy scale, $h_D^x$, can generate considerable structure in an effective description of a system which, in the absence of the drive, is non-integrable, interacting, and does not host localization. In particular, we uncover points of freezing in the space of drive parameters (frequency and amplitude). At those points, the dynamics is severely constrained due to the emergence of an almost exact local conserved quantity, which scars the {\it entire} Floquet spectrum by preventing the system from heating up ergodically, starting from any generic state, even though it delocalizes over an appropriate subspace. At large drive frequencies, where a na\"ive Magnus expansion would predict a vanishing effective (average) drive, we devise instead a strong-drive Magnus expansion in a moving frame. There, the emergent conservation law is reflected in the appearance of an `integrability' of an effective Hamiltonian. These results hold for a wide variety of Hamiltonians, including the Ising model in a transverse field in {\it any dimension} and for {\it any form of Ising interactions}. The phenomenon is also shown to be robust in the presence of {\it two-body Heisenberg interactions with any arbitrary choice of couplings}. Further, we construct a real-time perturbation theory which captures resonance phenomena where the conservation breaks down, giving way to unbounded heating. This opens a window on the low-frequency regime where the Magnus expansion fails.

Approaches to understanding the category "special legal regimes"

The study investigates the main approaches to understanding such legal categories as “legal regimes” and “special legal regime”, and provides their classification. Special legal regimes serve as the legal basis for restricting human and civil rights and freedoms; therefore, the relevance of the study of the concept, types, and main features of special legal regimes is beyond doubt. The authors of the study consider the relationship between the categories of special legal regime of a state of emergency and martial law, and describe the main grounds for their imposition. The authors noted a need for a clear, consistent legal regulation of the model of behaviour aimed at overcoming and eliminating negative consequences of an emergency and military nature. Attention is focused on the fact that in Ukraine, the regulation of public relations arising in connection with emergencies and military situations has become particularly important after the emergence of a military conflict on the territory of Ukraine and the spread of the COVID-19 virus. The study provides the author’s vision of the categories “legal regimes” and “special legal regimes”. it is proposed to interpret the legal regimes as the regulatory procedure, which is expressed in a set of legal means that describe a special combination of interacting permits, prohibitions, and obligations, while implementing a special focus of regulation. The latter should be interpreted as a form of public administration that makes provision for the restriction of the legal personality of individuals and legal entities, introduced as a temporary measure provided by means of administrative and legal nature, and aimed at ensuring the security of the individual, society, and the state. The study provides the classification of special legal regimes and contains proposals to distinguish them according to the content and basis of occurrence as follows: state of emergency, martial law, state of siege, state of war, state of public danger, state of tension, state of defence, state of threat, state of readiness, state of vigilance

Problematik Kepastian Hukum Darurat Kesehatan Masyarakat Pada Masa Pandemi COVID-19

This research is normative research. The purpose of this research is to examine the emergency constitutional law related to the concept of health emergencies as referred to in Law No. 6 of 2018 concerning Health Quarantine; and provide comprehensive analysis and formulation related to future emergency law arrangements. The research method used in this research is a statute approach and a conceptual approach; by using primary and secondary legal materials. The results of this study are the legal implications related to the determination of the health emergency status based on Presidential Decree No. 11 of 2020 has created legal uncertainty, because the government has actually issued Government Regulation No. 21 of 2020 first; is not a Government Regulation on procedures for determining and revoking the status of determining health emergencies. On the other hand, the determination of public health emergencies is not synergistic with its implementation. Furthermore, an ideal arrangement is needed in the future related to public health emergencies in order to achieve legal certainty in public health emergencies. For this reason, a harmonization of the state of danger law is needed or the establishment of a danger state law such as the omnibus bill

Indicators of Regulatory Legal Immunity Rights in the Perspective of the Indonesia State Constitution

The birth of Perppu 1/2020 as passed into Law 2/2020 presents the pros and cons of views in society. Article 27 of Perppu 1/2020 which regulates state financial policies and financial system stability for handling the Covid-19 pandemic turns out to give privileges to certain officials to be immune from the law. The rule of law universally prioritizes the main principle of equality before the law or everyone is equal before the law and the rule of law. But on the other hand, there is a concept called emergency constitutional law. Emergency law is a law that is deliberately enacted in and for emergencies, namely conditions that are narrow and precarious, very dangerous situations.This research is normative juridical research (normative legal research) which aims to analyze the suitability of the regulation of legal immunity rights with the concept of emergency constitutional law in Indonesia; analyze the impact of legal immunity rights regulation on the protection of citizens' rights; and finding indicators of regulating legal immunity rights by the concept of emergency constitutional law in Indonesia and the 1945 Constitution.

Monitoring and Evaluating the Impact (Post-Legislative Scrutiny) of Emergency Regulation in Response to the COVID-19 Pandemic

The threat posed by passing emergency laws and policies in response to the coronavirus (COVID-19) pandemic can be said to be a critical precursor of human rights abuses. In response to the COVID-19 pandemic, the Nigerian President issued the COVID-19 REGULATION 2020 exercising his powers under the Federal Quarantine Act, CAP Q2 Laws of the Federation of Nigeria 2004. Based on this, the Nigerian Federal Government has undertaken stringent measures, enforced restrictions and cessation of movement, social and economic activities in Nigeria to curtail the pandemic. Nigeria has employed human control to stop the disease's spread, including travel bans, quarantine orders, social distancing, and lockdowns. The measures applied to curtail the spread of COVID-19 have an undoubted impact on human rights.The Nigerian government implemented these restrictive measures which impinge on human rights and democratic processes with authoritarian provisions. This study analyses the emergency measures implemented by the Nigerian government and human rights' infractions and considers Post-Legislative Scrutiny to mitigate the government's legislative actions as a safeguard for human rights and democracy in Nigeria.To ensure true democracy, Nigerian regulations, laws, and policy response to COVID-19 must align with international human rights commitments. And the temporarily imposed restrictions on rights are reviewed by the Legislature and do not become permanent. Questions to be addressed in this paper are: (1) Is the breadth of powers currently enjoyed by executive bodies, such as Public Health authorities and security forces under scrutiny and review of the Legislature? (2) Are there safeguards put in place by the Legislature, as an oversight to ensure democratic rule and respect for human rights in Nigeria?The paper uses the qualitative research method. It relies on content analysis of COVID-19 regulatory and legislative provisions, academic literature, articles, journals, and newspaper publications.