Global Legal System Research Articles

Artificial Intelligence and International Law: The Impact of Emerging Technologies on the Global Legal System

With the rapid development of artificial intelligence technology, its impact on international law is becoming increasingly significant. This paper explores the application of AI in international relations and the challenges it poses to existing legal systems, analyzing AI regulation within the current international law framework and the exploration of emerging international legal norms. Through specific cases, the paper elaborates on legal issues in the fields of intelligent weapons, cybersecurity, and data protection, emphasizing the importance of international cooperation and global governance mechanisms in addressing these challenges. Finally, the paper looks forward to future trends in AI technology and international law’s response strategies, proposing the necessity of constructing effective legal frameworks and ethical guidelines to promote the sustainable development of AI technology and the healthy development of the global legal system.

The Adequacy of Global Legal Norms on Legal Issues Related to Digitalization and Artificial Intelligence

This research aims to examine the sufficiency of global legal norms on legal norms in the field of digitalization and artificial intelligence. Descriptive scanning model, content analysis methods and semiotic analysis methods were used in the research. In this context, in the research, studies on global law and artificial intelligence were analyzed and their results were evaluated. It was then analyzed with SWOT analysis in terms of artificial intelligence, global law and digitalization. According to the results obtained from the literature review and semiotic analysis, digitalization and globalization are in a two-way relationship as two important concepts that trigger each other and are primarily affected by artificial intelligence applications. Although artificial intelligence applications positively affect the digitalization process in terms of their legal effects, they also bring with them some drawbacks in judicial matters and global jurisdiction. In particular, the fact that the exact framework of the artificial intelligence issue is not yet known, that it is open to external interventions, that a global legal system has not yet been formed, and the differences between international law and regional legal systems can be listed as the most important problems in the legal applications of artificial intelligence. As a result, globalization brings developments that will necessitate important and radical changes in the field of law, as in all areas of life. Therefore, although the law has a much faster and more effective working environment than in the past, it is also open to manipulation. Current global legal norms are inadequate regarding both digitalization and artificial intelligence. In the legal field, on the one hand, cumbersome and bureaucratic legal systems must be abandoned, and on the other hand, more dynamic, more modern and faster legal systems must be adopted.

Digital Evidence in Foreign Jurisdiction and Quality of Justice

In an increasingly interconnected digital world, the concept of the right and access to digital evidence from a foreign jurisdiction has emerged as a fundamental human rights issue in the globe. This right asserts that individuals and/or States should have the right to access information stored beyond their national borders, reflecting the globalized nature of data storage and its profound implications for ensuring justice in true sense universally. This article explores the legal framework and associated challenges of the right to online evidence under international law. International human rights instruments, including the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, provide a foundationfor its recognition. However, the extraterritorial nature of online information storage and States’ reluctance question the quality of justice globally resulting in a complex landscape. On top of that the challenges associated with this right include conflicts of jurisdictions, issues of state sovereignty, and the extraterritorial application of domestic laws. Case studies involving cross-border data access also illustrate the complexities involved. Furthermore, the paper discusses the potential discriminatory consequences of this asymmetry, as jurisdictions with greater access to online evidence may enjoy a distinct advantage in legal proceedings involving foreign parties. This raises questions about the fairness and impartiality of the global legal system and underscores the need for international cooperation and equitable frameworks for evidence sharing.

KEY DETERMINANTS OF GLOBAL LEGAL INSTITUTIONS (PHILOSOPHICAL ASPECT)

Abstract. It is confirmed that, in the modern global society, a certain general image of legal institutions has been formed, which, being a "superimposed" model adjusts other existing models to suit it. The “legal institution ”performs its classical function for regulating social relations, enshrined in legal acts of various levels. The aim of this study is the explication of "global legal institutions" in the framework of modern socio-philosophical and philosophical-legal discourse and conceptualization of the key determinants of their development. The key task is to comprehend the phenomenon of global legal institutions and its impact on the modern global legal society. The sociophilosophical and philosophical-legal methodological principles made it possible to reveal the connections of global legal institutions with other phenomena of law, to fix the coherence of the formulated and codified legal norms with the basic ideas and moral goals underlying them. It is proved that the key determinants of global legal institutions are: a reflection of the global system of law in terms of its structure, as well as the logic of its development. Global legal institutions can be formed at the junction of various supranational entities, associations, unions, and alliances as a set of legal norms governing relations within these entities. The conclusions prove that the key determinants of global legal institutions are the legal regulation of norms and protocols due to the presence of many global dissimilar legal systems; the asymmetry of the norms of legal liability, where the theoretical and practical models of legal liability often do not correlate due to the complexity of the design of an integral global legal system.

Menggabungkan Tradisi dan Modernitas: Perbandingan Sistem Hukum dan Implikasi Pancasila

This research aims to analyze the relationship between various legal systems in the world and the values of Pancasila as Indonesia's fundamental principles. This research starts from the premise that a deep understanding of the differences and similarities between Civil Law and Common Law legal systems can provide new insights in applying Pancasila in a global context. The modern world requires states to accommodate various legal traditions while adapting to international practices. In Indonesia, the implementation of Pancasila values is often faced with the challenge of integration into a diverse global legal system. This phenomenon raises questions about how Pancasila can function in the context of a broad comparison of legal systems. This research aims to explore how the Civil Law and Common Law legal systems interact with the principles of Pancasila, and how this comparison can contribute to the development of inclusive and dynamic law in Indonesia. Comparative methods are used to analyze legal systems from various countries, with an emphasis on literature studies and normative analysis. Historical and philosophical approaches are also applied to understand the context and evolution of each legal system as well as the integration of Pancasila values. This study reveals that although there are substantial differences between the Civil Law and Common Law legal systems, there is room to integrate Pancasila values into each system. Pancasila not only acts as an ethical principle, but also as a framework for the formation of laws that are responsive and adaptive to global change, respecting domestic and international legal traditions.

Justice Without Power: Yemen and The Global Legal System

The war in Yemen has remained the world’s worst humanitarian crisis since 2015, and yet it is shockingly invisible. The global legal system fails to offer a clear avenue through which the Yemeni people can hold the state actors responsible for their harm accountable. This Note analyzes international legal mechanisms for vindicating war crimes and human rights abuses perpetrated in Yemen. Through the lens of Yemen’s humanitarian crisis, it highlights gaps in the global legal structure, proposes alternative accountability processes, and uses a variety of sources—including interviews with practitioners and Arabic language legal scholarship—to explicate a victim-centered transitional justice process for the Yemeni people.

Human rights institute under english law

The article examines the human rights issues, especially citizenship institute based on the experience the United Kingdom. An analysis of the scientific views of domestic and foreign scientists; reveals the problematic aspects of protecting human rights institute. In the era of globalization, the role of the human rights in solving urgent problems of human civilization is growing. In recent years, dramatic changes have occurred in the global legal system and the legal system of the UK. These changes will serve as the basis for the protection, enforcement and development of human rights. On the one hand, it is a process of integration and regionalization based on world globalization; on the other hand, domestic political and liberal reform processes in the UK. The main focus of the article is to study the legal status of individuals in the UK in the context of globalization, to develop proposals for improving the legislation on human rights in the Republic of Kazakhstan. The article provides for the disclosure of the legal status of the individual through global processes and author's interpretation of it, the legal basis for the protection of human rights, the definition of the features of the formation of human and civil rights and freedoms in the UK, proposals were made for its further development in Kazakhstan. Keywords: human rights, freedoms, citizenship, legal status of individuals, enforcement, government.

Philosophy of Law in a Non-Legal University: to the Problem of Building a Master’s Program

The article analyzes the issues of legal education in non-legal educational institutions of higher education. The authors of the article believe that legal education is one of the constituent elements of the modern socialization of the individual. The level of legal culture of society as a whole depends on its successful solution. The authors pay attention primarily to the philosophy of law. Consideration of the place of this academic discipline in the system of teaching masters in the field of “theology” allows us to draw conclusions about the importance of the philosophy of law in higher education. The authors believe that the philosophy of law contributes to the formation of a holistic sense of justice and a holistic legal culture. The philosophy of law is focused on finding answers to such questions as: “What is the essence of law?”, “What is its nature?”, “What is the relationship between law and other social norms?”, “Is every law correct?”, “What is the path to legal law?”, “What is legal consciousness?” etc. These issues are especially relevant for specialists in non-legal fields of knowledge. The authors of the article believe that legal education in our country contributes not only to the transformation of our society into an active participant in the global legal system, but also becomes a factor in protecting civil society from unfair actions by various actors.

Fashion, Thresholds, and Borders

Fashion, Thresholds, and Borders

International Legal Framework Effects on International Law and especially its Impact on the Environment Law

In order for the rule of law to accomplish its main objectives or goals, which involves safeguarding people's freedom and well-being, international law must be utilized. The peculiar aspects of international law and the global legal system do not destruct the rule of law in any way. International law does not contain anything inherent towards the rule of law obstruction. The law plays a fundamental role in improving and promoting the rule of law. This paper focuses on the various international legal frameworks and their effects on general law and the environment. The international legal framework has had adverse impacts on various sectors such as health and human right in the different states in the world. The article investigated various problems such as how to have the international legal frameworks impacted the various sectors in the states worldwide, what impactt has the frameworks had on the environment itself, and how the countries have benefited from the international law. The findings of this paper have concluded that these legal frameworks on human rights have affected the general international law in various ways. These frameworks have had a significant role in enhancing the promotion and solidification of the global language of human rights law in the local discussion. In the health sector, the development and explanation of global health law over the past twenty years has been a recognizable development in international health policy mostlyin this period of COVID-19. In the past, public health was considered as a domain of nearly obsolete national jurisdiction, and multilateral relationships in this sphere were narrowed to discrete regions. The international environmental law sector has developed into a distinct part of international law besides its gradual start. Currently, it is full of principles and standards that regulate and control environmental aspects. The principles are significant for several reasons, such as enhancing a platform to dialogue the new environmental conventions and treaties and adopt the ones that are in existence to save the world as united and unique entity.

Jordan and Syrian humanitarian refugees' dilemma: international law perspective

Jordan is not a signatory of the 1951 humanitarian refugees' treaty or its 1967 optional protocol. However, Jordan in 1998 signed a Memorandum of Understanding with the UNHCR. Therefore, Jordan is legally obligate to receive refugees. As a result of the 2011 Syrian civil war, hundreds of thousands of refugees fled to Jordan. Syrian refugees have become a dilemma for Jordan, giving UNHCR, donor states, and the international community's failure to fulfill their obligations towards Jordan fully. This article reviews Refugees' protection under the global legal system. It informs Jordanian and UNHCR's legal and institutional framework while handling Syrian refugees' issues. It also evaluates Jordan's response to Syrian refugees and the challenges that have faced Jordan since 2011. Finally, the study examines whether or not UNHCR, donor countries, and the international community are committed to Jordan's obligations.

THE FUTURE IS NOW: ROBOTS AS SURGEONS THE ADOPTION OF SURGICAL SAFETY STANDARDS TO ROBOTIC SURGERY

In this era of ever-expanding and an all-pervasive existence of technology, newer innovations and Artificial Intelligence (AI) are shaking the established global legal systems from their roots by bringing in novel challenges and complexities. One of the most controversial questions in this area pertains to accountability and determination of liability how can a machine be held responsible/accountable and more importantly, how can a machine be sanctioned for its actions, especially where machine learning makes it possible for machines to take decisions itself? Artificial Intelligence has, amongst other fields, also entered the domain of medicine, where it poses massive legal challenges, especially in the area of surgery. As much as it aids both patients and doctors, it is difficult to determine liability and accountability of robots as surgeons, especially in cases where surgery results in fatality or great physical, emotional and/or psychological harm – should the doctor be responsible or the manufacturer of the robot or both? If all stakeholders are liable in some or the other manner, how should the liability be distributed? Such questions get more complicated where machine learning leads to implementation of erratic decisions by the robot and causes adverse consequences. This kind of exponential growth in medical technology is not being met by the legal dynamism which is slowly exacerbating the pacing problem and the gap is gradually widening. Before human dependence on robotics increases, it is essential for the legal framework to address such complexities and concerns. In this paper, I aim to address issues of regulation, accountability and liability that engulf the area of surgery and Artificial Intelligence along with recommending solutions to the pacing problem i.e. how the same can be resolved in the area of medicine and surgery.

The Role of international Organizations in the Process of countering Cybercrime

The subject of the study is the role of international organizations in the formation of an international legal system for countering cross-border cybercrime. The purpose of the study is to identify current trends in the work of international organizations in the field of the formation of regional and global legal systems for countering cybercrime. The system approach and formal legal approach are used as the main research methods. As a result of the study, specific features of regional international organizations and legal problems of countering cybercrime were identified, the question of the applicability of existing international law to cyberspace was analyzed. In particular, it is noted that at the moment modern international law is not capable of adequately and effectively countering cybercrime. The absence of a universal international legal act regulating the process of combating cybercrime is emphasized. On the other hand, the positive role of individual international organizations in the formation of the international legal system of counteraction is noted. In particular, the study describes the practice of forming expert groups by such organizations, as well as assistance to other regional international organizations in the process of creating their own international legal systems. One of the main conclusions is the conclusion that the absence of a universal UN legal document creates certain difficulties in the course of interstate coordination of procedural actions of law enforcement agencies and interaction of relevant international organizations. The author also concludes that the law-making experience of individual international organizations can be taken as a basis for the creation of a universal international legal act regulating the fight against cybercrime.

Правовые системы стран тоталитарного социализма: особенности правогенеза и тенденции развития

The essential features of the legal systems of the countries of totalitarian socialism are analyzed, some issues of the formation of the socialist legal system in Russia are investigated, the main approaches to the typology of the legal systems of the countries of totali-tarian socialism are identified: from denial of existence at the present time to recognition as a global legal system. The characteristic features of socialist law are revealed, the close connection between legal genesis and political genesis is noted. The formation of the system of socialist law in Russia was based on a radical rejection of the legislation of the previous era; on the contrary, in some other countries of totalitarian socialism, a gradual change in the regulatory framework is noted. The leading role of ideology in the system of socialist law is characterized, which influenced the content of law, and its forms, and technical and legal features. From the point of view of content, socialist ideology gave rise to a special paradigm of relations in the “personality-state” system, which in one way or another affected all branches of law. The author also draws attention to the specifics of the sources of socialist law, the features of the legal culture of the countries of totalitarian socialism. All of the above allows us to conclude that the socialist legal system exists as an independent one. Despite the reduction in the number of countries included in this legal system after the collapse of the USSR, its preservation is noted, while in its classical form it remained only in the DPRK, other countries should be attributed to the modernized socialist legal system. The transformations concerned mainly socio-economic relations, the main political institutions did not undergo significant changes. An analysis of constitutional legislation and political practice does not indicate a desire to re-build the political and legal system along Western lines.

Modelling Equality in the Midst of Religious Diversity: Lessons from Beyond Europe?

The extent to which global legal systems are generated by, derived from, and adhere to European values is so widespread that it has become trite to present such an observation in conclusion to a series of high-quality essays as contained in this Special Issue [...]

Contemporary Issues of Present Nepalese Legal System

Nepal is the federal democratic republic recently. Prior than 1950’s, it had Hindu Indigenous system as a part of legal system along with the values of various ethnic groups. Afterwards, the reception of foreign law has been taken place gradually with voluntary and mandatory basis. Peremptory norms are already adapted by it. It is in the process of alignment to global legal system. Moreover, it has the domination of common legal system. However, partial acceptance of civil legal system and socialist legal system are also found. It is the secular country with right to religion to people. In the early time, Nepal was the ideologue of ancient world religious system through saintly penance. It has long adopted religious tolerance and cultural harmony with liberal attitude of the people. Rule of law, separation of power, limitation, laches, natural justice, principle of precedence etc. are adopted by the court as a part of procedural law and substantial law. The codification process is ongoing from 1380 AD. Direct and indirect legislative process is equally accepted. Although it doesn’t have public and private law classification, these indicators are found in the form of substantial and procedural law.

International Human Rights Law

How do you keep students motivated when their perception of a subject conflicts with the reality of its academic study? International human rights law, unquestionably an exciting field, is also complex and demanding. With this breakthrough textbook, short as it is, Nicholas Olwor Sunday focuses on international human rights law as a global legal system, rather than a mere collection of different though related rights, giving it relevance and immediacy. Drawing on cases and materials from a wide range of sources, he shows how human rights law is used as a tool to address contemporary issues such as counterterrorism and global poverty. Materials are organized thematically, allowing readers to make comparisons and connections between different legal treaties and systems. Students can easily assess how human rights are protected under domestic and international laws. The law is placed in context throughout, ensuring full understanding of why laws exist and how they work.

ORBITAL SATELLITE CONSTELLATIONS AND THE GROWING THREAT OF KESSLER SYNDROME IN THE LOWER EARTH ORBIT

The paper discusses the problem of the growing threat of orbital collisions – the Kessler syndrome in the Earth’s lower orbit caused by orbital satellite constellations developed to provide broadband internet. It provides a theoretical context for the main argument by presenting the current data related to space debris in orbit, the concept of the Kessler syndrome and its application to orbital objects, the legal framework pertaining to the issue, mitigation programs and plans, and new orbital satellites constellations under development and how they contribute to the Kessler syndrome threat.
 The main contribution of the paper is the carried out argument that the lack of a global legal system regulating the use of the Earth’s orbit is a factor that strengthens the threat.

Globalization and standards of constitutional interpretation

The article examines the problems of constitutional interpretation through the prism of globalization and modern world modelsof constitutional interpretation. Emphasis is placed on the fact that the main trend in the implementation of constitutional interpretationin modern conditions is the use of the case law of the European Court of Human Rights and reference to the decisions of the constitutionalcourts of foreign countries. This is the result of globalization, the practice of modern constitutionalism and dialogue betweenjudges of constitutional courts in the world. Such a constitutional combination of practices is not only a tool for improving judicial decisions,but also for building a “global legal system”. The globalization of constitutional law means that constitutionalism is no longerthe privilege of the nation-state, but a world concept and standard. The use of international law in the constitutional interpretation isjust one example of the migration of constitutional ideas through legal systems, which also includes the use of foreign constitutions asmodels in the process of adopting a constitution.It is concluded that Ukraine, like the countries of Eastern and Central Europe, has no choice but to adopt liberal-democratic constitutions.These are common constitutional values and constitutional rapprochement. Therefore, the constitutional interpretationthrough a comparative reference to international (and foreign) law and soft law acts of the Council of Europe is part of the modernimplementation of the concept of international law, the concept of friendly attitude to international law and the migration of constitutionalideas.

HUMAN RIGHTS IN KAZAKHSTAN AND THE UNITED KINGDOM:

The article examines the human rights issues based on the experience of the Republic of Kazakhstan and the United Kingdom. A comparative analysis of the scientific views of domestic and foreign scientists; reveals the problematic aspects of protecting human rights. In the era of globalization, the role of the human rights in solving urgent problems of human civilization is growing. In recent years, dramatic changes have occurred in the global legal system and the legal system of Kazakhstan. These changes will serve as the basis for the protection, enforcement and development of human rights. On the one hand, it is a process of integration and regionalization based on world globalization, on the other hand, domestic political and liberal reform processes in Kazakhstan. The main aim of the articles in the context of globalization, to do a comparative analysis of human rights in the Republic of Kazakhstan and in the UK, to develop further recommendations for improving the human rights legislation of the Republic of Kazakhstan.