International Regulatory Framework Research Articles

ЗМІСТ ПІДГОТОВКИ МАЙБУТНІХ СУДНОВОДІЇВ ДО ФОРМУВАННЯ ЕКОЛОГІЧНОЇ СВІДОМОСТІ

The article examines the peculiarities of future ship navigators’ training regarding the formation of environmental consciousness in marine higher education institutions. The standard of higher education of Ukraine at the first (bachelor) level in the field of knowledge 27 "Transport", specialty 271 "River and sea transport" has been analyzed with the aim of focusing on the formation of environmental awareness. The analysis of the environmental content of the main normative documents regulating the professional activity of ship navigators has been carried out. The requirements for the future ship navigators regarding environmental consciousness in professional activities have been defined. The comparative analysis of the subjects that ensure the development of environmental consciousness under the Educational and professional program "Navigation and Management of Marine Vessels" of the first (bachelor's) level of higher education of the Higher Education Institution of Ukraine has been carried out. Therefore, the need for environmentalization of the education content is highlighted in the Standard of Higher Education, which is based on the main regulatory document of the maritime industry - the International Convention on the Training and Certification of Seafarers and Watchkeeping of 1978. At the same time, other IMO normative documents emphasize the need for environmentally conscious professional activity. The study of the Educational and professional program of various educational institutions made it possible to single out the main features of ecological training: the ecological direction is closely related to the legal one; strict compliance with the requirements of the international regulatory and legal framework when compiling educational programs; lack of uniformity in the number of disciplines aimed at the formation of environmental awareness. A further direction of research will be devoted to the study of foreign experience in the formation of environmental consciousness of future ship navigators. Keywords: environmental consciousness, future ship navigators, professional training, maritime transport, environmentalization of education.

Improving policing in a multicultural society in the Republic of Latvia: theoretical legal aspects

On analysing the Latvian regulatory framework governing the work of the state police in a multicultural society and the practice of its application, the author proposes a number of improvements, mostly concerning the internal regulatory framework of the state police. With respect to the practice of applying the legal framework, the author proposes to follow the recommendations of the European Union institutions and the best practices of the Member States in this area, with emphasis on the Recommendations on Policing in Multi-Ethnic Societies developed by the High Commissioner on National Minorities (HCNM) of the Organisation for Security and Co-operation in Europe (OSCE). In the author’s opinion, this article will become a useful source of information for both state police officers and other law enforcement officers performing their duties in a multicultural society and will facilitate their interaction with representatives of national minorities and other social groups.

АКТУАЛЬНІ ПИТАННЯ УПРАВЛІННЯ ЗАКЛАДАМИ ВИЩОЇ ОСВІТИ ПІД ЧАС ВОЄННОГО СТАНУ

The article highlights the current issues of management and organization of the educational process in higher education institutions during the military aggression of the Russian Federation. It was determined that the full-scale invasion caused significant damage to the educational sector, in particular, to higher education. The author considered the main components of the administrative activity of the leadership of the HEI during the operation of the legal regime of martial law. The normative-legal aspect is defined, in particular, an overview of changes to the legislation and letters of the Ministry of Education and Culture regarding the regulation of labor relations in the field of education is provided. The author emphasises the need to develop an internal regulatory framework for the work of higher education institutions in times of war. As the most important, aspects of ensuring safe conditions for the educational process are considered. Attention was also paid to the organization of higher education activities in different regions of the country, depending on the danger of hostilities, the organization of distance learning during martial law, attention was focused on the problem of ensuring high-quality practical training of students under martial law and distance learning, recommendations were made to improve the organization of educational process The need to ensure further professional development of the scientific and pedagogical workers are noted, an overview of institutions that provide services for professional development of scientific and pedagogical workers, forms and types of professional development provided free of charge is presented. It was noted that during the martial law, increased attention needs to be paid to the spread of informal education not only in the professional sphere, but also in other vital spheres that ensure the vitality of the individual and provide him with positive motivation and life optimism. Special attention is paid to the psychological support of all subjects of the educational process. It was determined that for psychological adaptation it is necessary to introduce and develop psychological services in higher education institutions and, with their assistance, to form in the participants of the educational process: skills of psychological self-regulation and self-help in difficult life situations arising under martial law; the ability to provide psychological help and support to the participants of the educational process and to all those who need them during the war. A review of good practices of domestic higher education institutions regarding psychological support was conducted. Aspects of the activities of educational institutions regarding improving the quality of the educational process during martial law are highlighted.

THE PRINCIPLE OF AD COELOM IN RESPECT TO THE LOW-ALTITUDE AIRSPACE FOR THE COMMERCIAL UNMANNED AERIAL VEHICLES (UAVs) IN MALAYSIA

The development and innovation of unmanned aerial vehicles (UAVs) or drones especially in the commercial arena are predicted to give a positive impact on socio-economic growth in Malaysia. Malaysia has been chosen in this discussion to evaluate the development of UAV laws and initiatives by Malaysia's Civil Aviation Authority to uphold commercial UAVs in line with the International Civil Aviation Organization's (ICAO) mission to provide the fundamental international regulatory framework through Standards and Recommended Practices (SARPS) in addressing UAVs. Nevertheless, the existing laws in Malaysia regarding the right of way and right to use low-altitude airspace did not offer much for commercial UAVs due to the ad coelom principle. The right to use airspace for commercial UAVs shall be the first and major concern in moulding the UAV laws. This article is aimed to analyse and evaluate the relationship of the ad coelom principle with the laws available in Malaysia which might honour the right to low-altitude airspace for commercial UAVs. This article adopts doctrinal research by referring to the available laws and regulations in Malaysia to see the integration of the ad coelom principle with the right of way and right to low-altitude airspace for commercial UAVs. The concept of ‘avigation easement’, ‘drone corridor’, and ‘drone-port’ could be the best solutions in determining the right of ways for commercial UAVs to reflect the ad coelom principle. Therefore, the Civil Aviation Authority of Malaysia (CAAM), the Federal government, all States, municipal councils, and private individuals shall be ready to draw zoning of airspace horizontally or vertically without neglecting public rights and breaching other laws. This is to realize the CAAM mission for the integration of Air Traffic Control (ATC) in controlling the navigable airspace of manned aircraft which is to be extended to the UAVs by the year 2035.

International Law and the Regulation of Autonomous Military Capabilities

Abstract There is a dissonance between principled consensus and operational dissensus in the emerging regulatory framework for autonomous military capabilities (AMCs). This framework is based on the application of international humanitarian law (IHL) and the maintenance of human control and responsibility, but it remains unclear whether and how IHL might apply to AMCs and how human control and responsibility can be maintained. The emergence of a regulatory framework in the face of this dissonance raises questions about how alternative regulatory possibilities have been excluded and how the possibility of regulation has been assumed. This article explores the mechanics of this exclusion and assumption. It sheds light on the conditions of possibilities and trajectories of development of the regulatory regime for AMCs, and also provides insights into international regulatory frameworks more broadly, especially in relation to new technologies. Using the example of the everywhere-forever war on terror, this article points to the role of a failure of politics and a consequently amorphous and expanding ideal of security in excluding the possibility of prohibition or restrictive regulation of the military promise of AMCs. The article then turns to four discursive strategies that sustain the assumption that AMCs are amenable to regulation. Through conflation, different types of AMCs are subsumed within an imaginary that is more easily accommodated within the regulatory consensus. Deferral creates a façade of consensus while shifting contentious issues to the national sphere. Normalization operates to de-emphasize the novelty of AMCs, while valorization pulls in the opposite direction by exaggerating the virtues of AMCs.

Legal regulation of transboundary water resources of the republic of Kazakhstan

This study discusses the legal issues of regulation of transboundary water resources of the Republic of Kazakhstan. The purpose of the study is to study the problem of rational use and protection of transboundary rivers of Kazakhstan to ensure stable development. The methodology for solving the direct problem is based on general scientific methods of cognition, and concepts of interaction between society and nature; methods of logical-legal, structural-functional, and comparative legal analysis were applied based on a comprehensive approach to the study subject. The authors identified several advantages and disadvantages of current legal regulation measures and reviewed the current state of transboundary water resources of the Republic of Kazakhstan. Also, the authors analysed the regulatory framework in transboundary water resources management and investigated the international regulatory framework for cooperation in the field of transboundary water resources management of the Republic of Kazakhstan. The authors conclude that a considerable disadvantage in establishing an effective legal regime for regulating water resources is the practical lack of legal regulation at the river basin level.

Comparative planetology as a foundation for associating space law with solar geoengineering governance: stratospheric aerosol injection and variations of sulfur dioxide in Venus’s atmosphere

Mankind often seeks solutions to climate change and environmental crises, but rarely considers the feasibility of outer space to overcome such critical issues. Among many solar geoengineering approaches is stratospheric aerosol injection (SAI) whose concept suggests artificial control of the global temperature by spreading tones of sulfur dioxide into Earth’s stratosphere. Given that the classic ‘technology control dilemma’ represents the central problem of solar geoengineering governance, however, this paper adopts a VenusEarth comparative planetology method by addressing volcanology and atmospheric circulation aspects. An international regulatory framework engaging space law in solar geoengineering governance is consequently presented, which classifies two separate legislations: (1) research-based legislation (comparative planetology and Earth science) and (2) non-research-based legislation (national and international governance, ethical issues, economic factors, military utilization). Further highlighting climate change issues, SAI manifests the Anthropocene and regards Earth’s stratosphere as an “inner environment”, while comparative planetology manifests the Anthropocosmos and regards space as an “outer environment”. This polymorphous consideration of atmospheric and space elements identifies a new approach of climate change techniques. Human relations that concern both environments should examine how social scientists would regard these separate boundaries or perceive them as a mergence between the two major epochs.

Protectors in Liechtenstein: protecting or threatening trust and foundation assets?

Abstract When setting up trusts and foundations, settlors and founders struggle with giving away assets and control to professional trustees in Liechtenstein whom, in many cases, they have never met. At first, to bridge that gap, settlors’ confidants accepted roles as protectors and the settlor conferred powers on them aimed at policing and, if necessary, firing the trustee. In the absence of enforceable rights to information and locus standi in Liechtenstein courts, discretionary trust beneficiaries greatly rely on the assistance of such protectors, especially when trusts are in crisis or dispute. More recently, however, protectors have undergone sophisticated (re-)structuring and adopted new identities, e.g. as corporate entities, thus not necessarily facilitating governance, but sometimes adding complexity. Increasingly, the international regulatory framework has impacted that structure, as the threat of being considered a controlling protector might lead to undesired effects, including protectors being registered and exposed in BO Public Registers, or, even worse, being reported as beneficial owners of trusts and foundations to their local tax authorities. As is the case with any legal concept, structuring provides protectors with both opportunities and pitfalls. This article wishes to set out how protectors can save trusts and foundations from collapsing and how to protect assets from the onslaught of the settlors’ creditors. That said, there are some downsides: a very recent Supreme Court case shows that using protectors might doom the trust or foundation to failure unless pristine standards and principles are followed.

Main trends in the development of tourism legislation in Ukraine

The study is devoted to the theoretical and legal analysis of the main trends in the development of tourism legislation in Ukraine. The relevance of the chosen subject lies in the presence of grounds to consider the tourism industry promising, given the possible positive social and economic effect for Ukraine, if the state considers the factors necessary for such an increase. The purpose of this study is to analyse the main trends in the development of tourism legislation of Ukraine and international legislation as part of national legislation. The analysis, synthesis, historical-legal, and comparative-legal methods are applied to achieve this goal. This methodology enabled the analysis and comparison of the international and national regulatory framework through the prism of historical and legal experience and allowed the drawing of conclusions about the current main trends in legislative development in the field under study. The results of the study are: today, tourism in Ukraine remains a non-priority industry (this statement is based on the general trend towards stagnation of the tourism sector in Ukraine), is unattractive for foreign tourists (this is due to objective reasons, including not only external threats that exist today, but also scanty indicators recorded before the outbreak of the pandemic and armed aggression by the Russian Federation) and works mainly for domestic consumers, which is confirmed by the data of the state statistics service of Ukraine. The situation has developed, in particular, due to a number of factors that are presented in this study (considering the experience of foreign countries), and insufficient regulation of tourist relations at the legislative level, which is analysed in detail in the paper. The study can be useful for further disclosure of issues in the area and as a basis for discussion in scientific circles against the background of the decline of the industry.

The response of the Bonn Convention on Migratory Species to light pollution

Light pollution became a major transboundary concern for the environment and biodiversity protection, especially with regard to species migration and spatial orientation. In view of the need for effective nature conservation, the international community has to adapt to the new challenges. The Convention on the Conservation of Migratory Species of Wild Animals, or the Bonn Convention, as the main international framework for migratory species protection, has recently taken initial steps towards mitigation of light pollution adverse impacts. In order to understand the response to the new environmental problem at the international level, this article explores and briefly summarizes the response of the Bonn Convention framework on light pollution as a hazardous threat. The article also discusses the potential role of the Convention in the formation of an international regulatory framework on this matter.

The Role and Importance of the Prosecutor's Office in Protecting the Rights of Persons with Disabilities

This scientific work reveals the importance of the activities of the Prosecutors Office of the Russian Federation in the protection of a socially unprotected group of persons such as the disabled. To date, an extensive domestic and international regulatory framework has been developed that regulates the protection of the rights of persons with disabilities. However, relevant offenses continue to be identified. In view of this, the employees of the Prosecutors Office of the Russian Federation are taking a number of effective measures to restore these rights, including going to court with a statement in defense of the rights, freedoms, and legitimate interests of an indefinite number of persons. Relying on its activities on the principle of publicity, the Prosecutors Office is taking the first significant steps in protecting the rights of persons with disabilities.

The U.S. market for imported wildlife not listed in the CITES multilateral treaty.

The international wildlife trade presents severe conservation and environmental security risks, yet no international regulatory framework exists to monitor the trade of species not listed in the appendices of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). We explored the composition and dynamics of internationally regulated versus nonregulated trade, with a focus on importations of wild-caught terrestrial vertebrates entering the United States from 2009 to 2018. We used 10 years of species-level trade records of the numbers of live, wild-caught animals imported to the United States and data on International Union for the Conservation of Nature (IUCN) estimates of extinction risk to determine whether there were differences in the diversity, abundance, and risk to extinction among imports of CITES-listed versus unlisted species. We found 3.6 times the number of unlisted species in U.S. imports compared with CITES-listed species (1366 vs. 378 species). The CITES-listed species were more likely to face reported conservation threats relative to unlisted species (71.7%vs. 27.5%). However, 376 unlisted species faced conversation threats, 297 species had unknown population trends, and 139 species were without an evaluation by the IUCN. Unlisted species appearing for the first time in records were imported 5.5 times more often relative to CITES-listed species. Unlisted reptiles had the largest rate of entry, averaging 53 unique species appearing in imports for the first time per year. Overall trade quantities were approximately 11 times larger for imports of unlisted species relative to imports of CITES-listed species. Countries that were top exporters of CITES-listed species were mostly different from exporters of unlisted species. Because of the vulnerabilities of unlisted, traded species entering the United States and increasing global demand, we strongly recommend governments adapt their policies to monitor and report on the trade of all wildlife.

Emerging challenges to prisoners vaccination of covid-19: Historical, legal and humanitarian view.

This research aims to present a legal history of the prisoners’ treatment in global crises along with presenting an overview of prisoners’ treatment during Covid-19 in view of International Humanitarian Laws. Using the formative research method with a conceptual approach and statute approach, data was gathered from various legal documents related to prisoners’ health laws linked to legal purpose theories. This study further explains the need to treat old age prisoners on a priority basis and to what extent international health organizations are making efforts to establish criteria to vaccinate this societal segment. The international regulatory framework was deeply analyzed to draw conclusions and recommendations along with WHO efforts. It was revealed that there exist adequate laws regarding priority health treatment of the prisoners in crises times but existed an enormous need to highlight and address the sensitive humanitarian issue. Additionally, WHO and other international organizations have also revised the international laws during Covid-19 to treat the prisoners. However, there is an immense need to devise explicit regulations regarding the accessibility of the vaccine to all the groups of society, including prisoners. The provision of a detailed overview of international laws and treaties regarding prisoners’ priority health treatment is a major advance of this research. Further recommendations for the developed and developing nations and future research directions are suggested.

Tackling anthropogenic underwater noise through the Convention on Biological Diversity: Progress and future development

Anthropogenic underwater noise is a source of marine pollution that spans the world’s oceans. It has the potential to cause harmful impacts to many types of marine animals, ranging from whales and other cetaceans to smaller creatures such as fish and invertebrates. Discussion of the problem in international fora has become increasingly common following sustained scientific investigations into the extent of underwater noise and the threat it poses to marine animals. This article discusses whether the most suitable international regulatory framework to address this problem is the 1992 Convention on Biological Diversity (CBD) and its institutional measures. Although the CBD text does not expressly mention anthropogenic underwater noise, it can be argued that the convention’s provisions are applicable to the problem. CBD provisions provide a useful general environmental protection obligation which can be a legal basis on which to create expectations to adopt specific measures aimed at reducing the extent, intensity or types of anthropogenic underwater noise to minimise impacts on species at risk. To this end, the process to revise the CBD’s Strategic Plan for Biodiversity 2011–2020 presents a golden opportunity to strengthen the conservation of marine biodiversity against the threats posed by anthropogenic underwater noise. This article reviews the negotiation history of the Post-2020 Global Biodiversity Framework and suggests how more explicit measures addressing the problem of anthropogenic underwater noise could be adopted within the CBD legal framework.

The Regulation of Artificial Intelligence in Digital Radiology in the Scientific Literature: A Narrative Review of Reviews.

Today, there is growing interest in artificial intelligence (AI) in the field of digital radiology (DR). This is also due to the push that has been applied in this sector due to the pandemic. Many studies are devoted to the challenges of integration in the health domain. One of the most important challenges is that of regulations. This study conducted a narrative review of reviews on the international approach to the regulation of AI in DR. The design of the study was based on: (I) An overview on Scopus and Pubmed (II) A qualification and eligibility process based on a standardized checklist and a scoring system. The results have highlighted an international approach to the regulation of these systems classified as “software as medical devices (SaMD)” arranged into: ethical issues, international regulatory framework, and bottlenecks of the legal issues. Several recommendations emerge from the analysis. They are all based on fundamental pillars: (a) The need to overcome a differentiated approach between countries. (b) The need for greater transparency and publicity of information both for SaMDs as a whole and for the algorithms and test patterns. (c) The need for an interdisciplinary approach that avoids bias (including demographic) in algorithms and test data. (d) The need to reduce some limits/gaps of the scientific literature production that do not cover the international approach.

Organization of medical caremajor sporting events

Organization of medical support for major international events is one of the major challenges for organizers. There is no single supranational detailed normative act yet.Objective: to analyze the existing national and international regulatory framework for the regulation of medical support for competitions with the subsequent formation of a general algorithm and uniform requirements.Materials and methods: analysis of literature data and personal experience.Results: The authors set out the general principles of organizing medical support for sports events based on an analysis of their own experience and recommendations of international organizations. The basic principles have been tested at a number of major sporting events and are practice-oriented. The preparation of the regulations should be based on the normative act of the international federation for the sport, adjusted taking into account national legislation and the scale of the sporting event being held and our own experience in holding such events. The practical significance of the work is the proposed scheme for organizing medical care at a sports facility. The number of medical teams and medical centers at each sports facility is determined by the organizers of the sports event in accordance with the approved national and international rules; the equipment of medical services is determined by the regulations of the Ministry of Health.Conclusion: Medical regulations should contain general provisions, principles of health protection of athletes, implementation of anti-doping rules, compliance with safety measures at the facility. Requirements for the medical service of the competition for the personnel, facility, medical center of the arena, special conditions for ensuring the competition, interaction with the doping control services; maintenance of accounting and reporting documentation are allocated in a separate detailed chapter. A special place and training in practical skills should be given to the algorithm of actions in case of emergencies.

Об основных направлениях методического обеспечения эффективного управления банковскими рисками

The article is devoted to the role and importance of qualitative methodology in the creation of effective bank risk management. The paper analyzes the main problems faced by banks in the development of modern methodology and identifies key areas of innovative methodology of risk management in the modern conditions of digital economy. As a result of the research, it was highlighted that the qualitative methodology of bank is the most important aspect of creating an effective bank risk management system. It led us to the conclusion that it is necessary to constantly improve and develop the internal risk culture of the bank by regulating certain norms in internal regulatory documents. The development of methodology for bank risk management for the purposes of identification, localization, measurement and subsequent control will allow solving the main problems of risk management. At the same time, in the process of creating a high-quality internal regulatory framework, the specifics of the commercial bank's activities, the risks they face, as well as the tools used by banks in the risk management process should be taken into account.

The Space Objects Re-Entry – Status and Challenges of International Regulatory Framework

The basis of the international space regulatory framework relied on the United Nations Outer Space Treaty 1967. The purpose of the paper is to present and assess the current regulatory and legal framework with regards to space security re-entry risks. The particular regulation related to space debris and re-entry may be inferred from the basic international space law (UN space treaties). As surviving fragments originating from a particular space object (usually linked to the owner) may endanger people on the ground or operating aircraft, they are directly linked to the Liability Convention 1971. Therefore nations, international intergovernmental organizations, executive agencies, and non-governmental entities maintain their efforts to create and implement hard and soft laws. Those regulations concern the space environment and its challenges, such as the proliferation of space debris, the increasing activity of space operations, the emergence of mega constellations, and its effects on re-entry characteristics. The entire material included in this article comes from dedicated conferences and seminars about Space security and policy, legal documenttation, and literature review, which refer to re-entry in this subject. The research methods used in this article have comparative and analytical nature – based of the different sources of legislation.

Protein Sources Alternative to Meat: State of the Art and Involvement of Fermentation.

Meat represents an important protein source, even in developing countries, but its production is scarcely sustainable, and its excessive consumption poses health issues. An increasing number of Western consumers would replace, at least partially, meat with alternative protein sources. This review aims at: (i) depicting nutritional, functional, sensory traits, and critical issues of single-cell proteins (SCP), filamentous fungi, microalgae, vegetables (alone or mixed with milk), and insects and (ii) displaying how fermentation could improve their quality, to facilitate their use as food items/ingredients/supplements. Production of SCP (yeasts, filamentous fungi, microalgae) does not need arable land and potable water and can run continuously, also using wastes and byproducts. Some filamentous fungi are also consumed as edible mushrooms, and others are involved in the fermentation of traditional vegetable-based foods. Cereals, pseudocereals, and legumes may be combined to offer an almost complete amino acid profile. Fermentation of such vegetables, even in combination with milk-based products (e.g., tarhana), could increase nutrient concentrations, including essential amino acids, and improve sensory traits. Different insects could be used, as such or, to increase their acceptability, as ingredient of foods (e.g., pasta). However, insects as a protein source face with safety concerns, cultural constraints, and a lack of international regulatory framework.

Measuring resilience in the food-energy-water nexus based on ethical values and trade relations

The challenges of the 21st century require resilient societies and a robust international regulatory framework [1]. The current disruptions to the global framework (most notably by the Covid-19 pandemic and the war on Ukraine) as well as the historic experiences especially of the Great Depression and the Lehman crisis (Annex II) elucidate the importance of the UN Sustainable Development Goals (SDGs) as a global regulatory framework. The SDGs provide new targets for resilient development. In this paper we set specific focus especially on SDG 17 “Partnerships for the Goals” and its aim of a free multilateral trading system (Annex I, SDG 17.10-17.12) for sustainable development [2]. Against this background the German Resilience Index was developed as a new measure for defining the resilience of the German society based on the SDGs including the explicit consideration of trade dynamics.The German Resilience Index (GRI) enables an analysis of the extent to which Germany has succeeded in building socio-economic-ecological resilience to defy the storms of globalization. The index is based on the German Sustainable Development Goals and the defined targets, considering also ethical values derived from the Universal Declaration of Human Responsibilities of the InterAction Council and trade relations as corner stones of resilient development.The analysis thus provides a first approach for systematically considering the impact of Germany’s intensive participation in globalization and the ethical values of the German Sustainability Strategy and its SDGs. The results are important for the political decision-making process and the political as well as social discourse about the future course of sustainable, and thus resilient, development in Germany.