Expansion Of Law Research Articles

Memperluas Agenda Studi Keamanan Nasional: Politik, Hukum dan Strategi

National security is the first and foremost responsibility of a nation. A nation isconsidered a strong nation once it is able to secure the livelihood of the people and thewellbeing of the nation itself. Yet the world is evolving quickly and new technologies andinnovations bring about new threats and opportunities towards national security. Thisarticle aims to describe the expansion of politics, laws, and strategies within the study ofnational security. Content analysis method will be used in this article. From more than20 articles referenced here, it can be summarized that changes in strategic environmentis heavily affected by the latest industrial revolution, the industry 4.0. Thus, this bringsabout new challenges such as cyber threats. The researcher then concluded that thesethreats could affect a nation strategically. These threats then focused on political threatsof collective security, current law threats which requires cyber law, and strategic threatswhich is cyber security.Keywords: National Security, Strategy, Politic, Law

‘This is an Account of Failure’: The Contested Historiography of the Hague Peace Conferences of 1899, 1907 and 1915

ABSTRACT The Hague conferences of 1899, 1907 and the one not held in 1915 occupy an uncomfortable place in the history of war, peace, and diplomacy. Siloed in a range of sub-disciplines, historians often evaluate the conferences in terms of their relative ‘success’ or ‘failure’. Where diplomatic historians generally marginalise the political relevance of the conferences in explaining the march to global war in 1914, legal historians mobilise The Hague as a point of origin for the expansion of international humanitarian and human rights law and the law of war. Peace historians prefer to explain the relative weakness of pre-1914 transnational peace activism, whilst historians of global governance describe The Hague as a starting point for twentieth century multilateralism. Rarely do these histories speak to each other, which leaves their largely oppositional findings floating freely, untethered to either each other or the complex context in which The Hague’s conferences, conventions, and institutions evolved. In response, this analysis argues for the historical need to re-tether these Hague developments to the context of the time in which they first appeared, thus helping to shape a more nuanced understanding of their on-going political and legal relevance as well.

The International Maritime Organization and regime interaction: cooperation or hegemony?

Regime interaction is an expected consequence of the specialisation and expansion of international law. It occurs regularly, including during law-making processes, authoritative legal interpretations, and international organisations’ activities. This study shows that, while international organisations contribute to the coordination among international legal regimes, such coordination has limitations. The author illustrates such limitations with two examples. One relates to ship recycling and the cooperation between the International Maritime Organization (IMO) and the subsidiary bodies of the Basel Convention on Transboundary Movement of Wastes (Basel Convention). The other relates to the rescue of migrants at sea and disembarkation to a place of safety and the cooperation between the IMO and the United Nations High Commissioner for Refugees (UNHCR). There is an asymmetrical relationship between these organisations, and the IMO, as the more powerful organisation, has upheld its normative agenda, narrative, ideology, and power structure while cooperating with the Basel Convention’s subsidiary bodies and UNHCR. Such asymmetrical relations have a negative impact on legal cross-fertilisation, ie fragmentation and tunnel vision. On the one hand, the ship-recycling case illustrates legal fragmentation, where two parallel and distinct legal regulations, ie the Basel Convention and the International Convention for the Safe and Environmentally Sound Recycling of Ships, are potentially applicable to ships at the end of their operative lives. On the other hand, the rescue of migrants at sea exemplifies tunnel vision where this particular issue has been framed as a maritime safety matter, leaving little room for cross-fertilisation with refugee law.

A CODIFICAÇÃO E A INTERPRETAÇÃO DO ART. 12 DO CÓDIGO PENAL COMO LIMITE À EROSÃO SISTEMÁTICA DO ORDENAMENTO JURÍDICO-PENAL

This article, in a simple homage to René Ariel Dotti, aims to highlight the expansion of Brazilian Criminal Law, especially with regard to extravagant laws and, above all, legal microsystems, which tend, in the hermeneutic process, to distance themselves from the criminal principles contained in the Criminal Code. Hence, the need for a systematic unity of criminal legislation is analyzed, based on the codified criminal principles and the interpretation of art. 12 of the Penal Code in the hermeneutics of the norms contained in the legal microsystems, assuming that the penal principles contained in the Penal Code occupy a prominent place in the legal system. Thus, in this work is applied the hypothetical-deductive method, which is guided by theoretical analysis.

The Role of Non-State Actors in Climate Law

This chapter engages the key legal debates surrounding the role of non-state actors (NSAs) in climate law. NSAs—a wide category that reflects the expansion of international climate governance beyond the state—include entities as diverse as individuals, companies, international organizations, industry associations, cities, indigenous peoples, and civil-society organizations. Over the past decades, and especially since the adoption of the Paris Agreement, the many roles of NSAs in addressing climate change have attracted significant interest from treaty negotiators, business man-agers, environmental activists, policymakers, and researchers. Seen as performing vital functions ranging from innovation and agenda-setting to implementation, monitoring, and enforcement, NSAs are widely considered as bringing about dynamic forms of climate governance. The potential of direct mitigation effort by NSAs, such as voluntary emission-reduction commitments by companies and cities, is similarly highlighted as a key component in any future solution to climate change. The growing climate action by NSAs forces a rethink of the legal underpinnings of the climate regime and opens new perspectives on the logic of NSA-driven climate governance. This chapter discusses the legal dynamics of non-state climate governance. Using three archetypical NSAs—companies, cities, and civil-society organizations—as proxies, the chapter isolates three primary debates that frame the interactions between NSAs and climate law. These debates focus on the responsibility of NSAs for causing climate change, the legal techniques of NSA governance, and the role of NSAs as agents of legal change and they reflect the rise of polycentric climate governance and illustrate the expansion of climate law beyond its original emphasis on states. However, the discussion also exposes the difficulties that emerge when embedding different NSAs in a single conceptual frame, as well as the limits of NSA-driven governance more broadly.

Modern reforms: legal component

Introduction: One of the directions of modern legal policy is to form the attention of representatives of all branches of government to any manifestations of legal “ignoring” of legal principles and guidelines; respect for the law as the most effective regulator of public relations; involvement of a wide arsenal of theoretical and practical measures, methods and principles to establish the principle of the rule of law both in legal doctrine and the implementation of its guidelines in practice. Purpose of the article: the purpose of the article is to emphasize and state the thesis on the decisive role of law in modern reform changes: law-making and law-enforcement. Conclusions. Having considered some approaches to the study of modern law, we want to state that the phenomenon of legal nihilism (pessimism), ignoring the precepts of law can deepen and deepen the crisis of modern society. Moreover, the possibility of “neglecting the law” leads to social tensions, economic calculations, political instability, the phenomenon of separatism, confrontation of authorities, moral and psychological instability of society. Law as a factor of reform changes must testify to its effectiveness and efficiency. The action of law is a substantive and dynamic side of law, which characterizes the actual implementation of its properties to carry out regulatory (special legal), information-psychological (motivational), educational (ideological, educational) and social impact on participants in social relations. The action is related to the essence and manifestation of the value of law, achieved or not realized the goal of legal regulation in society and the state, the degree of guarantee of human and civil rights and freedoms. The effectiveness of law – is a certain “slice” of law, in some sense, a functional legal system. It reflects the existence of law at different levels: it applies to the individual, social groups, society as a whole. Fixing in its content all those phenomena that determine the processes of expansion of law into social practice, the category of “action of law” includes methodological possibilities. Consideration of law in terms of its effectiveness highlights the main quality of law – the ability to have a real impact on human activities and behavior, and therefore – to promote progressive change in society, introducing civilized relationships and social partnership. As a scientific concept, “the effectiveness of law” is designed to reflect the law (legal matter) from the standpoint of philosophical categories “possibility” and “reality”. As reflected in the scientific field, law in this sense characterizes the movement of the essence of law. Today, legal science must use the whole communicative arsenal in modern society to crystallize step-by-step changes in improving social relations (the concept of market change), improving legal development, improving the efficiency of many civil society institutions, structures and institutions. In addition, legal nihilism at all levels is based on the imperfection of the legal awareness system in the context of uncertainty about the development of law in the legal information field. Effective forms of overcoming, ignoring in the field of theoretical measures are the appropriate level of civic education, morality, appropriate perception of law, as well as practical – implementing measures: reducing corruption, stability, “good quality” social policy, overcoming the effects of the pandemic and more.

The adaptation or the abandonment of subordination as a key element of labour law in the face of new forms of employment. A global debate from the Spanish point of view

The legal, jurisprudential, and academic debate around subordination as a key element of the borderline between dependent and self-employed work has been present practically since the consolidation and expansion of labour law, at least in those countries where labour legislation has played a central role in the design of labour relations. However, this debate has intensified in recent times, with theses emerging about the decline and possible disappearance of subordination as a legal reference. The latter derives from multiple factors, political, economic and social, but above all it is due to technological transformations, derived from the implementation of digitalisation and information and communication technologies, together with organisational changes in companies, essentially as a result of the generalisation of formulas for productive decentralisation and the intensification of distance work. This work aims to tackle this issue, from the perspective that the determining causes are of a global and transnational nature, but with notable national conditioning factors which prevent generalisations and, therefore, it is carried out from the perspective of the Spanish system of labour relations. The present work advocates good health in our legal framework of the criterion of subordination. This leads to the rejection of the positions of those who predict that it will be overcome and replaced by the criterion of economic dependence. However, it is understood that the survival of subordination must be carried out based on four premises of essential adaptation: 1) the possibility of establishing common basic rights for all personal work done for another, based on a new understanding of constitutionally guaranteed labour rights, to extend them beyond subordinate work; 2) the construction of a flexible concept of subordination, which includes broad forms of hetero-organisation; 3) the diversification of regulations within subordinate labour with different levels of flexibility through a correct understanding of the so-called “special labour relations” and, above all, of the “contractual modalities” with a specific regime such as distance work; 4) the efficient development of the protection of the weak contracting party in the field of economically dependent self-employment without breaking the mould of its clear separation from subordinate labour.

When Home is a Living Hell

Low-income women experience a nightmarish victimization when they are sexually harassed by landlords in their homes, homes many are desperate to keep. The staggering lack of data on this issue means laws and courts have been slow to address this phenomenon. Although courts have relied primarily on a Title VII employment-based sexual harassment framework to address this issue, it does not go far enough in protecting women in their homes. The home and the workplace are inherently different and thus require a different legal approach to redress the issue. This comment examines sexual harassment in housing and why Texas women are particularly susceptible to it. This comment further advocates for courts to look to existing housing law and expand application of the Fair Housing Act’s disparate impact approach in addressing sexual harassment in housing to low-income women. Low- income women of color are the primary victims of sexual harassment in housing; this permits a gender and race-based disparate impact theory as another framework through which courts may craft a solution, though it too has its shortcomings. Additional measures, such as the expansion of federal law to cover sexual harassment in housing, and state-level policy changes that would penalize deviant landlords and property owners, would serve to empower and strengthen low- income Texas women without leaving entire subsections of the population behind. This comment further argues that holistic community-level action is not only desirable, but necessary to educate communities and provide low-income women increased access to the courts. Finally, the above suggested measures will do little to change the outlook for low-income women if states fail to address the underlying issue that makes the need for housing so desperate: the affordable housing crisis.

Fairness and the Challenge of Making Markets Work Better

AbstractThis article explores the revival of fairness as the lodestar of EU competition enforcement. It considers the theory and evolving discourse of fairness, then identifies and evaluates examples of fairness‐oriented enforcement activity. Concluding that fairness represents a distinct development from the ‘hipster antitrust’ movement, the article suggests reasons to explain the shift, including a need to rehabilitate the social market economy in an age of market‐scepticism, and to facilitate the progressive expansion of competition law to address modern market failures.

Extraterritorial Jurisdiction and sovereignty. The Characterization of Foreign Predicate Offenses for Prosecution of Derivate Offenses (as Money Laundering) and the Consideration of Extraterritorial Conduct as Part of Territorial Offenses

The question of any limits that a state's extraterritorial jurisdiction faces has not yet been fully addressed by international courts and tribunals. The aspect appears somewhat entrapped between the expansion of international criminal law - and the obligation to crack down on international crimes - and a creeping restoration in the form of a reaffirmation of the sovereignty and sovereign equality of states. Furthermore, the extraterritorial exercise of jurisdiction is frequently associated with the practice of lawfare, a neologism that combines the words law and warfare and identifies the use (and abuse) of the law to achieve a political end or, in a more restricted sense , a military end. Two collateral aspects of extraterritorial jurisdiction have recently been examined in decisions of international courts and tribunals. The International Tribunal of the Law of the Sea (ITLOS) in the decision in the case of the MV Norstar (Panama v. Italy) provided an interpretation of the freedom of navigation which prohibits the exercise of the so-called prescriptive jurisdiction (that is, the form of jurisdiction that is alongside the executive jurisdiction and that of ruling on a specific issue and concerns the possibility of extending the scope of its laws and rules) by coastal States with respect to conduct (or parts of conduct) that take place in deep sea. The International Court of Justice (ICJ) in the decision on Preliminary Objections in the Immunities and criminal proceedings (Equatorial Guinea v France) - pending on May 31, 2020 - has incidentally dealt with the 2000 Palermo Convention on transnational organized - a aspect of the exercise of extraterritorial jurisdiction in an indirect form: the characterization of entirely foreign conduct as a predicate crime in order to judge an accessory such as money laundering. The paper analyzes the two decisions in the light of the positions of the parties and their respective decisions.

The Global Compact for Safe, Orderly and Regular Migration: a kaleidoscope of international law

AbstractThe Global Compact for Safe, Orderly and Regular Migration has prompted an intense political debate at both the international and domestic levels. Most controversies focus on its legal stance and highlight the hybrid character of the Compact as a soft-law instrument. While acknowledging the political nature of the Compact, this paper delves into its legal dimensions from the perspective of international law. This inquiry into its normative content discloses three main features: (1) the Compact is not a codification of international legal norms governing migration; it is an instrument of both (2) consolidation and (3) expansion of international law to foster inter-governmental co-operation and promote safe, orderly and regular migration.

The Cost of Juridification: Lineages of Cheap Labor in Twentieth-Century Romania

This article explores the relationship between the development of labor law and the cost of labor in Romania between the end of World War I and the 1960s. Drawing on a variety of archival and printed sources, the author argues that the historical trajectory of this peripheral East European country shows in exemplary fashion how the increasing juridification of labor relations was first enabled by policy makers’ concern to neutralize class conflict during the 1920s and then propelled by the collapse of industrial wages and the turn to import substitution in the aftermath of the Great Depression. The state socialist regime after 1945, the author further contends, inherited not merely the cheap labor of the interwar epoch but also the institutional mechanisms for controlling prices and wages set up to manage the economy during World War II, all of which facilitated the expansion of socialist labor law during the first two postwar decades. By the second half of the twentieth century, rapidly industrializing socialist Romania could thus integrate an expanding workforce into a type of employment relationship normally deemed standard: full-time, stable, dependent, and socially protected work. The author concludes by pointing out some of the implications of this Eastern European case study for how we might rethink the twin issues of the cost of labor and the transformation of labor law in our age of precarity.

O direito fundamental ao meio ambiente e a expansão do direito penal

A constitucionalização de direitos transindividuais exige que o Poder Público adote medidas adequadas para a respectiva proteção, inclusive, se preciso for, por intermédio do Direito Penal. Diante disso, este artigo objetivará analisar de que modo o reconhecimento constitucional de direitos transindividuais – tomando por base o meio ambiente – favorece a expansão do Direito Penal, além de procurar encontrar um critério de legitimidade para os crimes de perigo abstrato. O método de abordagem será o dedutivo, por meio de pesquisa bibliográfica.

Legacy and Legality of Abortions in India and USA

Abortion is one issue that has been debated expansively in both national and international level. It has become a contentious issue round the globe. Every Tom, Dick, and Harry is in a predicament whether a mother has the solitary right to choose if or not to have her pregnancy terminated at any time she wishes or whether a child that is yet to see the world, has a right to life or not. Right to life is a very broad and a rather fundamental concept out of everything else. In India, Right to Life is well recognized and secure under Article 21 of the Constitution to all persons which include men as well as women. But the main issue that always takes the lead is whether an unborn child should be considered as a “person” and thus be eligible for protection under this article. There are several aspects such as religious, ethical, moral and legal values that rule against the right to abortion. Termination of pregnancy is considered as a sin under almost all religions all over the world. But, regardless of this, this is an on-going debate and tussle between the woman and the fetus. Due to all the tumult surrounding the question of abortion, it has turned out to be undeniably serious at this stage to look at the expansion of abortion law and policies in the West, particularly the United States, and to scale where India stands at this instant and, if at all, India should take inspiration by their western counterpoint or should it practice caution from the advances therein to supplement their own welfare in striking the seamless stability amongst liberty, self-sufficiency and freedom of the individual on the one hand and the State’s right to hinder on the other.

EXPANSÃO PUNITIVISTA, CULPABILIDADE E IMPUTAÇÃO PENAL EMPRESARIAL

O presente trabalho busca analisar a problemática da política criminal de combate à criminalidade tomando por objeto a análise da culpabilidade da empresa enquanto pessoa jurídica. Ou seja, se dentro da perspectiva doutrinária e jurisprudencial existe a possibilidade de se imputar a uma pessoa jurídica atos próprios cuja consequência seja autônoma à ação humana e que comporte a esta ação ou omissão um grau de culpabilidade inerente e pertencente à esfera do Direito Penal, analisando critérios ligados a chamada expansão do Direito Penal, a imputação objetiva e a aplicação da própria pena e sua finalidade.

The Global Compact for Safe, Orderly and Regular Migration: A Kaleidoscope of International Law

The Global Compact for Safe, Orderly and Regular Migration has prompted an intense political debate at both the international and domestic levels. Most controversies focus on its legal stance and highlight the hybrid character of the Compact as a soft law instrument. While acknowledging the political nature of the Compact, this paper delves into its legal dimensions from the perspective of international law. This inquiry into its normative content discloses three main features: the Compact is not a codification of international legal norms governing migration; it is an instrument of both consolidation and expansion of international law to foster intergovernmental cooperation and promote safe, orderly and regular migration.

The Solar and Wind Economy in Ohio: Industry Analysis and Policy Implications

After historically being driven by coal and, in more recent years, natural gas, Ohio’s energy industry has experienced notable growth in installed solar and wind capacity. Due to changes in consumer tastes and preferences, an overall decline in expenses, and environmental concerns about coal mining and hydraulic fracturing, among others, both public and industry support for renewables has grown. However, Ohio’s renewable energy policies have not consistently aligned with this support. This paper synthesizes reports and analyzes energy industry employment and capacity data in order to summarize the trends within Ohio’s present-day energy industry. After a brief surge, wind activity has stagnated, in part due to expansion of the turbine property line setbacks law. Wind employment has also been relatively erratic, seeing spikes and rapid declines that average to a growth of 13.6% per year from 2013–2016. Conversely, solar energy capacity has grown a bit more steadily due to fewer regulatory restrictions as well as supportive state net metering policies. Correspondingly, solar employment has grown more consistently at a rate of 11.3% per year during our study years. This paper highlights these trends, discusses policy implications moving forward, and makes recommendations for Ohio to stimulate the deployment of additional renewable energy capacity in future years. To accomplish this task, and to enhance sustainable development via renewable energy, we suggest that Ohio ease its wind setbacks and continues to protect the state’s renewable portfolio standard and net metering laws.

Impact of Comprehensive Smoking Bans on the Health of Infants and Children

As evidence of the negative effects of environmental tobacco smoke (ETS) has mounted, an increasingly popular public policy response has been to impose restrictions on smoking through 100% smoke-free bans (comprehensive smoking bans). Yet sparse information exists regarding the impact these smoking bans at the state and local levels have on the health of children and infants. A rationale for expansion of smoke-free laws implicitly presumes that potential public health gains from reducing adult cigarette consumption and declines in adult ETS exposure extend to children. However, if smokers compensate by shifting their consumption of cigarettes from public venues that impose a comprehensive smoking ban to smoking at home, then these policies may have a harmful effect on children and infants. This study provides estimates of how comprehensive smoking bans impact the venue of smoking, and the health of children and infants. Using models that exploit state- and county-level changes to smoking ban legislation over time, estimates suggest that smoking bans have improved the health of both infants and children, mainly through implementation of more comprehensive bans. Further, we find no evidence of displacement among smokers (both smokers with and without children in the household), and actually find that the bans had a positive spillover effect in terms of reducing smoking inside the home – an effect which may further explain the improvement in infant and children’s health. Our effect magnitudes imply that expanding comprehensive coverage from 60% (current level) to 100% of the population can prevent between approximately 1,110 – 1,750 low birthweight births among low-educated mothers, resulting in economic cost savings of about $71 – $111 million annually. Health improvements among older children add to these economic benefits.

Expansion of public law into the sphere of private interests: new management paradigm

The events of the last months of 2020 have shown the illusory nature of democratic principles and the independence of the sphere of private interests in the state. In a situation of actual emergency, in which the majority of states, the actions of the authorities in the Russian Federation, the author argues that public law, as a basis of public administration in emergency situation and requiring the preservation of the state system and the integrity of the state, intrudes into the sphere of private interests and begins to manage it, and private law ceases to be independent and subject to public law. At the same time, the democratic traditions and principles, human and civil rights and freedoms proclaimed in the Constitution of the Russian Federation and other normative legal acts are instantly absorbed by public law and become a fiction for a certain time

The Fourth Industrial Revolution, Crises of Humanitarianism, and the Red Cross Movement

As we can see from Urich Beck's definition of modern society as a dangerous society, the Industrial Revolution, though it led to the development of science and the industrial economy, has also created various crises. Among them, the most fundamental is the crisis of humanitarianism. In this regard we ask: What are the precise crises of the Fourth Industrial Revolution, and how should we cope with them? With a view to answering these questions, we take a historical perspective to investigate the relationship between industrial revolutions. Additionally, we explore the development of the Korean Red Cross. On the basis of our consideration of the crises at issue, we present and defend the following three suggestions: First, in order to advance the activities of humanitarianism, we require index development and platform-building based on digital data. Second, we need to apply new technologies to the activities of disaster management in order to facilitate an expansion of international law. Third, we need to create new education programs in accordance with the digital age. Keywords: Disaster, Industrial Revolution, Humanitarianism, Red Cross, Digital Age