State Jurisdiction Research Articles

Australian infection prevention and control governance, strategy and structure: Design for success.

Governance, strategy and organisational structure for Infection Prevention and Control (IPC) programs across Australia remain variable. The standardisation and integration of these functions across jurisdictions are critical for effective advancement of IPC across health systems. Across the Australian Federal, State and Territory jurisdictions, the study examined a twofold research question: first, what are the governance, strategy and organisational structures of IPC programs?; and second, what are the essential elements for a standardised, consistent IPC governance framework? Comprising four integrated steps: preconference document analysis of key jurisdictional program information; a survey of conference participants; open discussion - an expert panel of jurisdictional leads and conference participants; and expert panel review, incorporating mixed methods and a modified Delphi approach for consensus and validated guidance. IPC representatives across Australia participated in this study with 44 % (226/513) responses. Structures reported included: patient safety, public health, or infectious diseases. Reported key elements for effective IPC governance included IPC leadership expertise (42 %), a consistent and transparent structure (30 %), and adequate resourcing and funding for IPC (18 %). IPC governance structures across Australia remain substantially variable. The Australian Centre for Disease Control (AusCDC) is considered the pre-eminent IPC governance agency, that could enhance IPC governance, structure and strategic direction. Clear governance, strategy, and organisational structures have a critical role in the effectiveness of IPC programs and healthcare associated infection reduction strategies. The developed framework provides additional insight towards a comprehensive, standardised national IPC governance framework, offering opportunity for improvement and informing future priorities.

Sovereignty Race for Resources in the International Seas and Areas Beyond the National Jurisdiction of States (including Airspace and Space): A Transnational Security Theory

Throughout history, states have primarily designated lands as their areas of sovereignty. However, with the development of technology, they have entered a race to establish dominance and domination in the seas and the air. In this context, international seas (high seas) and international airspace have been determined as the common property of all humanity. Recently, space has also been defined as a common property of all mankind that exists beyond the borders of the nation-state sovereignty. In all these areas, various states and companies carry out activities such as fishing, deep sea mining, laying pipelines and fiber optic cables to the seabed, airflow flights, and communication by placing satellites in space. The race for the use of resources in these areas, which are indeed the common property of humanity, brings about various discussions. It is essential to discuss whether a state or company’s use of these areas as it wishes harms the rights of people who do not have this technology or capability in these areas. In this context, this article will focus on sovereignty struggles in sea, air, and space areas that are outside the national sovereignty of states, and it will mainly analyze the race for the use of resources in these areas. Moreover, it will also attempt to develop a theory of transnational security that delineates the limits of collective sharing by states on the use of these zones.

International Legal Strategy to Trace and Recover Corrupt Assets Hidden Outside the State Jurisdiction Under UNCAC Provisions

Recovery of assets resulting from corruption hidden outside the jurisdiction of a country is a serious challenge in law enforcement and the eradication of corruption globally. The United Nations Convention Against Corruption (UNCAC) as an international legal instrument provides a comprehensive framework to facilitate cooperation between countries in tracing, freezing, and returning corruption assets. This study examines the international legal strategies regulated in UNCAC, including the mechanism of international cooperation, mutual legal assistance, and the principle of recognition and enforcement of foreign judgments. In addition, this study analyzes the implementation obstacles faced by developing countries in accessing cross-jurisdictional asset recovery procedures and the importance of strengthening the capacity of domestic institutions and legal diplomacy between countries. With a normative approach and case studies, this paper aims to identify strategic steps in optimizing asset recovery based on the UNCAC international legal framework.

Harnessing Artificial Intelligence for educational reform and workforce development: the case of the Cayman Islands

ABSTRACT This article examines the impact of artificial intelligence (AI) on education and workforce development in small island territories, with a particular focus on the Cayman Islands. As a British Overseas Territory and sub-national island jurisdiction (SNIJ), the Cayman Islands functions as a de facto Commonwealth country due to its constitutional relationship with the United Kingdom. Using a mixed-method approach, the research integrates quantitative analysis of labour market trends with qualitative assessments of global policy frameworks, implementation strategies and regional collaborations. The article explores AI’s potential to enhance educational outcomes while addressing workforce gaps within the unique socio-economic and cultural dynamics of the Caribbean. It proposes a strategic framework to guide Small Island Developing States (SIDS) and sub-national island jurisdictions (SNIJs) facing similar challenges in economic development and labour market adaptation. By emphasising early AI adoption, ethical considerations and regional cooperation, the article advocates for the development of resilient, future-ready workforce equipped to navigate an increasingly AI-driven global economy.

International Law Analysis of Espionage at Sea and China's Response

Maritime espionage is a violation of international morality. In terms of the regulation of maritime espionage, there is a legal predicament at the theoretical level, with a lack of corresponding treaty law, international customary law, and international judicial precedents. At the international practice level, although all countries have domestic legislation against espionage, they hold an "ambiguous" double standard towards maritime espionage in international practice. Secondly, the principle of jurisdiction of the flag state and state immunity also bring certain difficulties to the law enforcement actions for regulating maritime espionage. This paper studies the constituent elements of maritime espionage and the legal predicament of regulating maritime espionage, aiming to provide suggestions for improving the security defense legal mechanism for regulating maritime espionage in China.

Penerbitan Sertifikat Hak Atas Laut dalam Perspektif Hukum Agraria dan Hukum Laut Internasional

The issuance of certificates of sea rights is a complex legal issue because it involves aspects of agrarian law and international maritime law. In the context of agrarian law in Indonesia, the recognition of rights to sea areas does not yet have an explicit legal basis like land rights. Meanwhile, international maritime law, especially through the 1982 UN Convention on the Law of the Sea (UNCLOS), regulates state jurisdiction over waters, including the exclusive economic zone and continental shelf, but does not specifically discuss private ownership of the sea. This study uses a qualitative method with a juridical-normative approach to analyze the unclear regulations regarding sea rights in Indonesia and how international legal principles can provide direction for their development. The results of the study show that the disharmony between national law and international law creates legal uncertainty for individuals or entities claiming sea rights. In addition, the policy of issuing sea rights certificates requires a clearer legal framework so as not to conflict with the principles of sustainable marine resource management. Therefore, policy recommendations are needed to align national regulations with international standards to ensure legal certainty and protection of public interests and the marine environment.

Britské vojenské procesy v pacifické oblasti po II. světové válce

The presented article analyses the British post-war procedural policy that was applied against persons suspected of crimes under international law in the Pacific region. The first part of the essay deals with the general characteristics of this programme, the procedural rules applied, as well as statistical data on the number of persons charged and convicted and the sentences imposed. The next parts of the article deal with the British procedure in specific trials that have been chosen as a demonstrative sample. In particular, those trials involving senior army and navy officers and persons who had no immediate and direct connection with the armed forces were analysed in depth. An examination of both the qualitative and quantitative aspects of the British trial programme in the Pacific allows the programme to be placed in the overall context of post-war trials that took place within the exclusive jurisdiction of a victorious state. A specific feature of the programme under examination is the fact that its procedural basis was a royal warrant of king George VI, which was followed also in proceedings that took place in the British zone of occupation in divided Germany. The issue under study thus offers a unique opportunity to compare the British approach to the question of punishing war criminals in Europe and in the Pacific.

Do ban-the-box policies increase the hiring of applicants with criminal records?

Many United States jurisdictions have enacted Ban-the-Box (BTB) laws that are intended to improve the employment prospects of individuals with criminal records. The best-known feature of BTB statutes is a "screening ban:" employers cannot inquire about a criminal record until they have made a conditional offer of employment. Many BTB statutes contain a less well-known "use prohibition:" employers cannot withdraw a conditional offer based on a criminal record unless that record is sufficiently related to fulfillment of potential job duties. In this paper we provide the first evidence of the association of BTB policies with variation in the progression of candidates through hiring phases after the screening process. We use unique applicant-level data obtained from an employer before and after it voluntarily implemented a BTB policy. We find that the enactment of the BTB policy has little or no association with the rate at which individuals with criminal records survive the candidate assessment process and receive conditional employment offers. Indeed, our findings suggest a modest indication of a negative association between the implementation of BTB policies and the hiring of individuals with prior convictions for specific offenses. The observed pattern could be explained if, after losing access to criminal history, employers increase their reliance on hiring criteria that are correlated to criminal history. We also find that the rate at which individuals with a criminal record survive a final background check does not change after the implementation of the joint BTB policies. We find weak evidence that implementation of the two BTB policies is associated with worse outcomes for individuals with records of more serious offenses.

Study on the Conflict of Norms and the Coordination Mechanism of International Law in the Dispute over the Legal Status of Arctic Waterways—A Juridical Logic Based on the Interpretative System of the “Icebound Area Clause”

The dispute over the legal status of Arctic shipping lanes is essentially a structural projection of the conflict of international law norms in the field of polar governance. Based on empirical analyses and normative research methods, this paper reveals three core contradictions in the dispute over Arctic shipping lanes: the normative conflict between Article 234 of the United Nations Convention on the Law of the Sea (UNCLOS) “Ice-covered Area Clause” and the principle of freedom of navigation under the framework of the international law of the sea, the functional fragmentation of the regional governance mechanism and the systematic mismatch in the method of legal interpretation. Through the deconstruction of typical cases such as the “Polar Sea” incident, the legal dilemma between the claim of jurisdiction of the coastal state and the determination of the attributes of international shipping lanes is demonstrated, and the systemic tension between the Arctic Council’s “hierarchical and differential structure” and the principle of universal participation in the BBNJ Agreement is pointed out. At the theoretical level, the innovative proposal of “normative conflict matrix” model and “dynamic equity principle”, the construction of “three-layer progressive interpretation framework” and “ice coefficient”, and the “three-layer progressive interpretation framework” and the “three-layer progressive interpretation framework”, were all put forward. It has constructed a coordination mechanism that includes a “three-tier progressive interpretation framework” and a quantitative criterion of “ice coefficient”. At the institutional design level, it is advocated that a judicial path be established for the Arctic Special Chamber, and that a “three-stage coordination mechanism” be set up to achieve the integration of global norms and regional governance. With regard to China’s participation in Arctic governance, it is proposed to strengthen the right of legal interpretation through the “special system for scientific research and navigation”, to promote the revision of the Polar Code by relying on the International Maritime Organisation, and to build a dispute prevention system based on the “Arctic Legal Compliance Index”. The study provides solutions with both theoretical depth and practical value for solving normative conflicts in polar governance.

Space Resource Development and Property - Clarifying Usufruct

This article examines competing legal frameworks for governing property rights in outer-space resources through a comparative analysis of two distinct approaches: the rule of capture and the concept of usufruct. The increasing interest in commercial space activities, such as mining the Moon and asteroids, has raised questions about the legal frameworks governing property rights in space resources. The growing challenge is that while the Outer Space Treaty (OST) serves as the foundation for space law, it does not explicitly address property rights in the resources humankind increasingly can extract from the space domain. The rule of capture is a legal principle that allows the first individual to take possession of a resource to obtain ownership. While the rule of capture offers a pragmatic solution, its winner-take-all nature potentially undermines the interests of other space actors. The framework may lead to a race for resources and potential conflicts, undermining the OST’s principles of international cooperation and peaceful uses of outer space. Furthermore, the rule of capture may not adequately protect the interests of non-space-faring nations. In contrast, the usufruct theory, which allows individuals to use and enjoy extracted resources without permanently owning the underlying property from which it originates, presents a more balanced approach, reconciling individual resource utilization with the international community’s stake in preserving resources for future generations. By examining the Outer Space Treaty’s provisions on stewardship, peaceful use, and equitable access, this article reveals that states have implicitly adopted a usufruct-based approach to space resource development, as evidenced by its provisions on non-appropriation, free access and use of outer space, stewardship duties, and recognition of state jurisdiction over their space activities. State practice, such as national legislation enacted by Japan, Luxembourg, the United Arab Emirates, and the United States concerning private ownership of extracted space resources, further supports the conceptual integration of usufruct within the OST. However, as commercial space activities expand, the international community must further develop appropriate norms and legal frameworks to balance resource preservation with the economic incentives necessary for responsible space development. It is essential to balance the duty to preserve space resources for future generations with the need to incentivize investment in their development. The concept of usufruct appears to be the most suitable framework for distributing resources from outer space into private hands for the benefit of others. This approach aligns with the OST’s objectives and considers the corresponding interests of all actors in space. However, further legal framework development and international cooperation are needed to responsibly promote commercial expansion and build consensus on the equitable benefit of utilizing space resources for humankind.

On the issue of establishing extraterritorial jurisdiction over transnational crimes in the sphere of illegal trafficking in narcotic drugs and similar substances: international and legal analysis

The increasing level of drug addiction in the world community requires the Russian Federation to coordinate measures aimed at combating the illegal trafficking of narcotic drugs and similar substances. The intensifying transnational nature of crime makes it impossible to effectively combat the illegal trafficking of narcotic drugs and psychotropic substances without coordinating the efforts of interested states at the international level. The article considers approaches to establishing state jurisdiction over transnational crimes related to the illegal trafficking of narcotic drugs and similar substances. Doctrinal approaches to determining jurisdiction are considered and an analysis of international practice of applying these approaches is provided. The author examines the normative material of the UN protective conventions in the field of combating illicit trafficking in narcotic drugs and psychotropic substances and the practice of law enforcement, and also analyzes two conflicting approaches of continental and common law countries regarding the application of the obligation aut dedere aut judicare when establishing extraterritorial jurisdiction.

그림자 선단 유조선의 위협과 국제법적 대응

In response to Russia's invasion of Ukraine in 2022, the Western world, including the G7 and EU, implemented an oil price cap on Russian oil as part of economic sanctions. Consequently, oil tankers transporting Russian oil without complying with the price cap faced strong maritime blockades, including port entry bans, restricted access to waters, and prohibitions on ship-to-ship transfers. However, Russia responded by organizing a shadow fleet of tankers. In fact, several countries like North Korea, Iran, and Venezuela have also operated dark ships to evade sanctions. The shadow fleet evolved from dark ships but differs significantly in scale. At one point, shadow fleets constituted approximately 20% of the world's oil tankers. The International Maritime Organization (IMO) has defined shadow fleets as vessels operating illegally to evade sanctions, safety or environmental regulations, insurance costs, or for illegal activities. Shadow fleets are characterized as aging, substandard vessels with inadequate safety equipment and non-existent or inadequate insurance. They also employ deceptive transportation practices such as AIS manipulation and spoofing, frequent flag changes, vessel identity manipulation, and ship-to-ship transfers. Due to these characteristics, shadow fleets pose a serious threat to maritime environment and safety. On December 6, 2023, in IMO Resolution A.1192(33), the IMO warned that the proliferation of shadow fleets is increasing the risk of oil spills and urged member states to prepare accordingly. Recently, incidents of damage to undersea cables and gas pipelines in the Baltic Sea have occurred frequently, with shadow fleets being identified as the cause. The EU Parliament, in its most vulnerable position to Russian threats, adopted a comprehensive resolution on shadow fleet sanctions in November 2024. This resolution recommended specific sanction measures, including vessel designation, along with enhanced monitoring using satellites or drones. By tracking changes in the scale of shadow fleets, it appears that port entry bans and prohibitions on ship-to-ship transfers had little effect due to Russia's securing of alternative routes, while vessel designation had somewhat more effect. Overall, sanctions against shadow fleets can hardly be considered successful. Ultimately, a response based on the United Nations Convention on the Law of the Sea (UNCLOS) is important. According to UNCLOS, the primary responsibility for ensuring maritime safety lies with the flag state. Article 235 of UNCLOS emphasizes the obligation of states to cooperate for the payment of adequate compensation, such as compulsory insurance or compensation funds. Flag states must comply with the obligation to cooperate for appropriate compensation regarding maritime environmental and safety threats posed by shadow fleets. However, when the flag state is either the party trying to evade sanctions or a flag of convenience country, there is a lack of willingness to faithfully fulfill these obligations. Therefore, while strengthening coastal state jurisdiction would be ideal, this is difficult without amending UNCLOS. Nevertheless, the spread of shadow fleets can be prevented through strengthening coastal state authority, such as establishing permitted zones in exclusive economic zones, restricting ship-to-ship transfers, and identifying and monitoring ship-to-ship transfer operations.

Fulfilling the Christian Mission Through Law

This article concerns the legal activities of The Mission Covenant Church of Sweden (Svenska Missionsförbundet) in Lower Congo (present-day Democratic Republic of Congo) between 1881 and 1908. The temporal delimitation stretches from pre-colonial Bakongo societies of lower Congo through King Leopold II’s infamous colonial Congo Free State. We ask about the Swedish missionaries’ theological-practical and jurisprudential approach to fulfilling the Christian mission through law and state building in Congo. The focus is on a notebook from 1904, entitled “Trials” (Rättegångar), telling of trials held by the missionaries at Kingenge mission station. We show how the Swedish missionaries ministered divine faith and executed earthly justice by adjudicating over its Christian Bakongo parishioners and non-Christian peoples from surrounding villages. We argue that rather than pursuant to a division between state and church jurisdiction (theology of two kingdoms), the missionaries acted as colonial legal intermediaries in a context of legal plurality, pursuing a theological, practical, and jurisprudential approach through multiple kingdoms as they drew on pre-colonial normative-cultural frameworks and authority, theological argumentation, and Free State jurisdiction to fulfil their Christian mission in Congo.

Remotely Controlled Maritime Autonomous Surface Ships (MASS), the “Genuine Link” Requirement, and the “Effectiveness” of Flag State Jurisdiction: Key Problems and Prospects

Maritime autonomous surface ships (MASS) are on the horizon and with them many opportunities, but also challenges. In an attempt to clarify the potential implications for flag states of the concept of MASS controlled from a remote operations center (ROC), this article discusses the law of the sea requirements of “genuine link,” “effective jurisdiction and control,” and “in the charge of a master and officers,” all in light of recent discussions at the International Maritime Organization (IMO). The article concludes that the law of the sea does not prohibit some or all aspects of the functions of MASS to be operated, performed, and/or controlled from a ROC, the location of which is remote from MASS and may also be outside the territory of the flag state. To enable effective jurisdiction and control over persons responsible and liable for breach of safety or environmental regulations, the flag state will largely be able to follow the International Safety Management (ISM) Code model. However, in certain instances, such as in cases concerning penal and disciplinary proceedings, the flag state will need a special agreement with the state where a ROC is located, which is what distinguishes MASS from conventional shipping. If the flag state is unable to demonstrate effective jurisdiction and control over a vessel controlled from a ROC located in another country, and the genuine link cannot be demonstrated by any other means, the flag state could run a risk of being deprived of the right to exercise diplomatic protection over its MASS.

Estimating the impacts of calorie labels in fast-food settings using a novel comparison: Comparing California drive-through and in-store purchases.

Estimating the impacts of calorie labels in fast-food settings using a novel comparison: Comparing California drive-through and in-store purchases.

In Defense of a Policy Based Approach to Health.

Health policy plays a critical role in shaping individual and population health outcomes through mechanisms that extend beyond clinical care and into the broader social and structural determinants of health. This commentary examines the definition, scope, and significance of health policy, emphasizing its presence across multiple levels of governance, including federal, state, and local jurisdictions, as well as within health systems themselves. Drawing on established frameworks such as Kingdon's Policy Streams Model and Frieden's Health Impact Pyramid, the article argues that upstream policy interventions have the greatest potential for population-level impact. However, a persistent gap exists between research findings and policy implementation, particularly within academic medicine and health care delivery systems. Clinicians and health services researchers are uniquely positioned to inform and influence policy, yet are often underutilized in this space. The commentary highlights the importance of equipping health care professionals with the tools to translate clinical insights and research findings into actionable policy recommendations. It also underscores the ethical imperative of inclusive, evidence-based policy development, as articulated by Faden and Shebaya, who note that policy reflects a society's values and priorities. Ultimately, the article calls for a more intentional integration of clinical expertise and policy engagement, encouraging health professionals to leverage their real-world experience to advance equitable and effective health policies. Strengthening the bridge between health care delivery and health policy is essential for addressing persistent public health challenges and achieving long-term improvements in population health. (PsycInfo Database Record (c) 2025 APA, all rights reserved).

AN ANALYSIS OF PROCEDURES AND MANAGEMENT OF MUSLIM PROPERTY AT BAITULMAL

Baitulmal has special jurisdiction in managing muslim property especially for found property (luqatah), debtors money, unclaimed property, and estate redemption. However, each state has its own management methods as baitulmals authority falls under state jurisdiction. This uncoordinated management raises concerns that these property resources may not be administered optimally, consequently preventing the benefits from reaching eligible beneficiaries. More worryingly, the public may become confused and unaware of baitulmals true function in managing these property resources. Therefore, this study aims to analyze the procedures and management of muslim property especially for found property, debtors money, unclaimed property, and estate redemption at baitulmal. This study employs a qualitative research design by conducting library research in the form of document analysis on the Management Manual of the Department of Waqf, Zakat and Hajj (JAWHAR). To observe the practical application of managing these property resources, this study focuses on the implementation at the Negeri Sembilan Islamic Religious Council (MAINS). Data was further obtained through their official website. The study findings reveal the necessity for clear property procedures and management of muslim property from these property sources to benefit eligible Muslims.

ECOLOGICAL AND CLIMATE PARAMETERS OF THE EU ARCTIC STRATEGY

The EU’s Arctic policy in its main components is designed to contribute to the implementation of the modern global energy strategy of the European Union. The rich hydrocarbon resources of the Arctic, with their further active and large-scale development and involvement in economic turnover, may significantly complicate the practical implementation of the policy of «green transition» to a carbon-free economy of the Union. The author argues that the goal of the EU’s Arctic policy is to do everything possible to slow down the development of the Arctic’s hydrocarbon resources and deter commercial shipping in the Arctic seas. In order to gain opportunities to exert real influence on the situation in the Arctic, the EU found itself forced to act in the zones of national jurisdiction of the Arctic states not on behalf of the EU as a legal entity, but under the slogans of implementing international treaties and programs that somehow extend their effect to the Arctic, acting as if a guardian of international law and order and the interests of the international community in this region of the globe the ball. This applies to agreements regulating, in particular, issues of environmental protection, sustainable development, climate change, ensuring the rights of indigenous peoples, protecting biodiversity and such individual representatives of the animal world as whales, polar bears, seals, migratory birds, etc. The article examines the EU’s use of environmental and climate motives to justify its involvement in Arctic affairs and as arguments supporting EU demands.

The Role and Importance of National Economic Law in The International Legal Order

The present article seeks to evaluate the international effects of the establishment of national economic law rules and the conditions for their application based on the principles of public international law. Considering the emergence of national economic law, which is a response to the social and internal developments of countries and in response to the shortcomings of private law, and considering the phenomenon of globalization and the fading of national borders and the intertwining of many social and economic relations at the international level, the application of national economic law has caused tensions and conflicts between different countries. This problem must be dealt with either through the coordination and unification of national economic law rules or through the resolution of disputes between the countries involved based on the basic principles accepted internationally. This article seeks to examine and present a framework of public international law based on which the limits of jurisdiction of states in the application of national economic law can be applied.

Evropský kontext úpravy společností v novém obchodním zákonu

In the process of recodifying the Czech company law, only an insufficient attention is being paid to the larger European context. This circumstance might result in serious deficiencies of the final proposal of the new Commercial Act. As a future EU Member State, the Czech Republic cannot afford to ignore the sometimes radical corporate law reform undertaken in both national jurisdictions of the other Member States, and the EC law itself. After the break-through decisions of the ECJ in the Centros and most recently in the Ueberseering Cases and with other instruments opening the gates for corporate migration and mobility throughout the Single Market (such as the Statute for the Societas Europaea), national legislators must endeavour to produce a modern set of corporate rules, capable of competing with those of the other Member States. The purpose of the article is to analyse some of the main motives and projects of the pan-european corporate law reform and to draw the attention of the authors of the new Commercial Act as well as that of the professional public to selected modem approaches and trends in company law development, which are to be taken into account, should a massive future corporate exodus from the territory of the Czech Republic be successfully prevented.