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State Jurisdiction Research Articles

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Overview
1336 Articles

Published in last 50 years

Related Topics

  • Coastal States
  • Coastal States
  • National Jurisdiction
  • National Jurisdiction
  • Territorial Sea
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  • Flag State
  • Flag State

Articles published on State Jurisdiction

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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.

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  • Journal IconVISA: Journal of Vision and Ideas
  • Publication Date IconMay 1, 2025
  • Author Icon Karto Manalu
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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.

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  • Journal IconPloS one
  • Publication Date IconApr 16, 2025
  • Author Icon Deborah M Weiss + 3
Open Access Icon Open Access
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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.

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  • Journal IconEconomics, Law and Policy
  • Publication Date IconApr 11, 2025
  • Author Icon Bao Yu + 1
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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.

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  • Journal IconJournal of Air Law and Commerce
  • Publication Date IconApr 1, 2025
  • Author Icon Jeremy A Kent
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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.

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  • Journal IconJuridical Journal of Samara University
  • Publication Date IconMar 31, 2025
  • Author Icon I Yu Belyaev
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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.

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  • Journal IconStudia Theologica - Nordic Journal of Theology
  • Publication Date IconMar 13, 2025
  • Author Icon Matilda Arvidsson + 1
Open Access Icon Open Access
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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.

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  • Journal IconOcean Development & International Law
  • Publication Date IconMar 7, 2025
  • Author Icon Iva Parlov
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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.

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  • Journal IconAppetite
  • Publication Date IconMar 1, 2025
  • Author Icon Beth C Weitzman + 10
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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).

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  • Journal IconFamilies, systems & health : the journal of collaborative family healthcare
  • Publication Date IconMar 1, 2025
  • Author Icon Sarah Hemeida
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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.

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  • Journal IconEuroGlobal Journal of Linguistics and Language Education
  • Publication Date IconFeb 26, 2025
  • Author Icon Erdal Dursun + 2
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Evaluating the impact of Canadian cannabis legalization on cannabis use outcomes in emerging adults: Comparisons to a US control sample via a natural experiment.

Evaluating the impact of Canadian cannabis legalization on cannabis use outcomes in emerging adults: Comparisons to a US control sample via a natural experiment.

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  • Journal IconThe International journal on drug policy
  • Publication Date IconFeb 1, 2025
  • Author Icon Amanda Doggett + 6
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Coastal State Jurisdiction over Acts against Transiting Submarine Pipelines in the Exclusive Economic Zone and on the Continental Shelf—The Case of the Nord Stream Incidents

In September 2022, an alleged act of sabotage damaged the submarine pipelines, known as Nord Stream and Nord Stream 2, that were built to transit natural gas from the Russian Federation to Germany. The broken points of these pipelines have been located in the exclusive economic zones (EEZs) and on the continental shelves of Denmark and Sweden. While relevant states initiated domestic investigations to uncover the truth behind these incidents, international law scholars are still looking for applicable laws to characterise them. This article discusses the jurisdictional issues over the Nord Stream incidents under international law. In particular, it discusses coastal state jurisdiction over incidents such as foreign transiting pipelines in the EEZ and on the continental shelf under the law of the sea. It then examines three scenarios that could arguably characterise the Nord Stream incidents and discusses which states could establish and exercise jurisdiction over the alleged perpetrators.

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  • Journal IconOcean Development & International Law
  • Publication Date IconJan 31, 2025
  • Author Icon Zhen Sun
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Cosmic jurisdictions: quod lege naturae, moribus et consuetudine inductum est

The study is devoted to organizing the legal space of the Universe based on “ius naturale,” morals, and consuetudes of space activities, with the prospects for the existence of extraterrestrial intelligent beings in the Universe. On the grounds of the results of the study, 7 natural factors and 2 technical factors are identified, the influence of which determines the spaces to which the sovereignty and jurisdiction of both states and all of humanity extend. Based on these factors, the NMC Concept “natura, moribus et consuetudines” is proposed, according to which, due to natural and other factors, all outer space above the Earth`s surface is divided into a “domestic room” (our Solar System) and an “alien room” (outside the Solar System), the boundary between which are the Kuiper Belt and the center of the Sun. At the same time, it is proposed to apply the principle of “Res Communis Humanitatus” to the “domestic room”, and the new principle of “Res Nullius Civitatis et Res Communis Animal Rationale” to the “alien room”. Additionally, the authors emphasize the fact that the above factors have already formed the structure of the “domestic room” regardless of the existing intentions and suggestions, leaving the world to recognize and accept it. Within the structure of the “domestic room”, the following two types of spaces have been formed: the “unified and sovereign spatial-territorial domains of states”, to which the exclusive jurisdiction of states extends, and “Res Communis Humanitatus”, to which generally recognized international law extends. In these circumstances, considering all natural and technical factors, the authors take notice of the allocation of two separate layers in “Res Communis Humanitatus”: “Orbital layer” and “Ballistic space”. The authors also propose developing a “sanitary atmospheric zone” to ensure humanity`s safety from the effects of the “X” factor. Moreover, the authors suggest applying different principles of international regulation to the “Ballistic space,” the “Orbital layer” and the space beyond it, based on the mechanisms of “tacit consent,” “silent disapproval”, “active consent”, and “active disapproval”. The result of this research is a draft Pact for the Cosmos.

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  • Journal IconUzhhorod National University Herald. Series: Law
  • Publication Date IconJan 25, 2025
  • Author Icon M I Myklush + 1
Open Access Icon Open Access
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How Can States Regulate De-Spatialized Phenomena? The Case of Occupational Licensing

The Covid-19 pandemic compelled U.S. states to forge their own paths to guide their citizens through new dangers and challenges, yet made clear that state borders cannot hold against pathogens, people, or technology. How can states regulate increasingly de-spatialized phenomena? State legislators and regulators face this dilemma in the case of occupational licensing. This paper identifies a spatial mismatch between the individual state jurisdiction of occupational licensing regulations and the interstate reach of services provision by practitioners of licensed occupations. It investigates the origins of this mismatch, as well as a functional mismatch between state occupational licensing regimes established before 1900 and the current context. By building on insights from historical analysis of legacy state occupational licensing regimes; learning from examples of regulation of de-spatialized and digitalized economic activity; enlisting historical institutionalist-defined modes of gradual institutional change; and updating a classic typology of policy tools for regulation, a risk-based classification template for state regulation of services provided by professionals and skilled workers in currently licensed occupations is proposed. More broadly, analysis of the case of occupational licensing illustrates the potential of diversifying regulation of de-spatialized phenomena from authoritative mandates to regulatory programs comprised of a policy mix of mandate, information, incentive, and multi-mechanism tools better suited to porous political borders.

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  • Journal IconThe American Review of Public Administration
  • Publication Date IconJan 23, 2025
  • Author Icon Adrienne T Edisis
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Legal Analysis of Crimes Committed Through Shell Companies and The Role of Prosecutors in Combating Such Crimes

This paper aims to analyze the legal aspects related to crimes or violations committed by forming shell companies and the role of prosecutors in taking action against crimes committed through shell companies that have the potential to harm the State. Shell companies are often used as a tool to hide assets and commit various illegal acts such as tax evasion, money laundering and manipulation of financial statements. The existence of shell companies is a challenge for law enforcement agencies, especially for prosecutors, who play an important role in the investigation and prosecution process. Using the normative research method, this research analyzes the applicable laws and regulations, especially in Indonesia, and the steps taken by prosecutors in taking action against crimes or violations of the law committed through shell companies. The results of this study show that there is a legal vacuum in the supervision and prosecution of shell companies, which often operate across state jurisdictions, making investigation and prosecution difficult. The role of prosecutors is important to conduct in-depth investigations, collect evidence, and cooperate with other institutions to recover state losses. Therefore, stricter regulations and increased inter-agency coordination are needed to strengthen the role of prosecutors in combating shell company crime.

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  • Journal IconGolden Ratio of Data in Summary
  • Publication Date IconJan 12, 2025
  • Author Icon Dwi Natalia Martama Hutabarat + 1
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From Distant-Water Fisher to Investor: Enhancing China’s State Responsibilities for Legal and Sustainable Fisheries in Coastal Africa

Supported by political and economic incentives, Chinese fishing fleet expansion into African waters has aroused worldwide concerns about local food security and social well-being. Since 2017 the country has initiated the 13th National 5-Year Plan to support distant-water fishing by exporting fishing capacity together with port infrastructure investment, among others, to African coastal States. In light of China’s stated intent to transition to an inclusive, transparent, and sustainable approach to reboot the Belt and Road initiative, this study explores, if any, noticeable changes have occurred in how the government, fishing firms and infrastructure builders engage with partner African States. It is held that the fishing grounds within the exclusive economic zones of African nations should be protected as exhaustible natural resources of humankind, and hence safeguarded by collaborative coastal and flag State jurisdictions. It is considered that China’s recognition and execution of flag and investor State responsibilities to ensure fisheries legality and sustainability in host African States still face many challenges, as well as the potential for success.

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  • Journal IconCoastal Management
  • Publication Date IconJan 2, 2025
  • Author Icon Juan He
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해상 위법선박에 대한 유엔해양법협약상 추적권

The jurisdiction of a state principally extends to its own territory, territorial sea, and airspace. At sea, states generally have jurisdiction only over vessels within their territorial waters. The high seas are areas where the freedom of navigation is guaranteed and fall under the jurisdiction of no specific state. Under the principle of flag state jurisdiction, a vessel on the high seas is subject to the jurisdiction of the state whose flag it flies. One significant exception to this flag state principle is the right of hot pursuit, as stipulated in Article 111(1) of the United Nations Convention on the Law of the Sea (UNCLOS). The right of hot pursuit allows a coastal state to pursue and seize a vessel suspected of violating its laws and regulations while in its territorial sea, contiguous zone, or exclusive economic zone (EEZ), even if the pursuit extends onto the high seas. This right effectively extends the coastal state's jurisdiction to the high seas and constitutes a significant exception to the principles of freedom of navigation and flag state jurisdiction. However, the requirements for exercising the right of hot pursuit have long been a subject of controversy in international law, and even after being codified in 1982 UNCLOS, issues of interpretation remain contentious. Key areas of disagreement include the maritime zones where pursuit may begin, the entities authorized to conduct the pursuit, the continuity of pursuit, and the use of force during pursuit. For South Korea, where much of the national territory is adjacent to the sea, analyzing the legal principles and cases related to the right of hot pursuit under UNCLOS has considerable significance in enforcing domestic law at sea. This paper first briefly examines the extraterritorial application of criminal law in connection with passive personality jurisdiction when exercising the right of hot pursuit. It then explores the requirements for the right of hot pursuit under UNCLOS, with a particular focus on the maritime zones where pursuit may commence and the requirement of continuity. The domestic case of the M/V Tyumen is analyzed in this context. Additionally, this paper addresses considerations for interpreting and applying the provisions on the right of hot pursuit under UNCLOS, as well as key factors to be considered by domestic law enforcement agencies, such as the Korea Coast Guard, when exercising this right.

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  • Journal IconThe Legal Studies Institute of Chosun University
  • Publication Date IconDec 31, 2024
  • Author Icon Jong Goo Kim
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Protection of the Right of the Child to Lineage and Application of Alternative Care Mechanisms by the Members of the Organisation of Islamic Cooperation

INTRODUCTION. According to the 1993 Vienna Declaration and Programme of Action, during the international cooperation in the field of protection and promotion of human rights, national and regional particularities and various historical, cultural and religious backgrounds of States should be taken into account. The international law acts adopted under the auspices of the Organisation of Islamic Cooperation (OIC, Organisation) enshrine the connection between protection and promotion of the rights of the child and the preservation of social systems of the Members of the Organisation. The present article aims to discover the effect of historical, cultural and religious backgrounds of OIC Members underlying “the right of the child to lineage”, as enshrined in the decisions of the Organisation, on the international protection of the rights of the child and application of mechanisms of alternative care for children deprived of family environment by these States.MATERIALS AND METHODS. The article applies the system and comparative method to universal international legal acts, decisions of the OIC and national legislation of its Members. It focuses on legal measures taken by OIC Members aiming at protection of the right of the child to lineage and providing alternative care to children deprived of family environment. The research traces the impact of these measures on interpretation and application of the universal human rights norms.RESEARCH RESULTS. Islamic law provides for protection of lineage which is defined as a permanent legal relationship between the child and his or her biological parents. The general doctrinal concept of “lineage” is applied in national legislation of OIC Members using the normative terms “ ” and “ ” which are commonly translated as “lineage”, “descent”, “filiation” or “parentage”. OIC Members refer to protection of lineage in their international legal positions but lack coordination in assertion of their arguments in international organisations and organs of the UN system. The term “right to lineage”, as enshrined in the 1994 Declaration on the Rights and Care of the Child in Islam and the 2020 Draft Jeddah OIC Convention on the Rights of the Child, indicates the right of the child to a permanent legal relationship of lineage towards his or her biological father. The right to lineage is unknown to the 1989 Convention on the Rights of the Child and differs in its scope from any right enshrined in the Convention.DISCUSSION AND CONCLUSIONS. Protection of lineage should be regarded as a national and regional particularity of certain, but not all, OIC Members. No uniform approach to its implementation exists among OIC Members. Their standpoints with regard to the protection of lineage affect the legal regulation of the mechanisms of alternative care for children deprived of family environment. One should distinguish States allowing full adoption, States allowing simple adoption, States allowing several forms of adoption and States prohibiting adoption. OIC Members assert different international legal positions concerning interpretation and application of universal treaty norms governing the right of the child, as far as possible, to know and be cared for by parents, as well as the right of a child temporarily or permanently deprived of the family environment to special protection and assistance. Given that the approach to interpretation and application of the provisions of universal treaties on the rights of the child concerning adoption differs from State to State, their implementation should be considered a matter within domestic jurisdiction of States.

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  • Journal IconMoscow Journal of International Law
  • Publication Date IconDec 30, 2024
  • Author Icon V V Pchelintseva
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DU DESSAISISSEMENT DU JUGE ETATIQUE FACE A LA CONVENTION D’ARBITRAGE EN DROIT DE L’OHADA

The State Judge's Relinquishment of Jurisdiction over Arbitration Agreements under Ohada Law. The use of arbitration instead of state judges is increasingly popular in the business world. The parties to contracts thus prefer to choose a judge more quickly and less cumbersomely, with more confidentiality and less publicity. If the advantages of resorting to arbitration are undoubted, its effects leading to the total withdrawal of state jurisdictions attract the attention of many. The incompetence of the judge due to arbitration then tends to completely rule out the latter, which merits a better understanding of the powers and competence of the arbitrator and a good understanding of the place of the state judge in the arbitration procedure.

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  • Journal IconStudia Universitatis Babeș-Bolyai Studia Europaea
  • Publication Date IconDec 30, 2024
  • Author Icon Grâce Beda Mbazi + 3
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Equity Assessment of Groundwater Vulnerability and Risk in Drinking Water Supplies in Arid Regions

Groundwater is a vital drinking water source, especially in arid regions, sustaining both urban and rural populations. Its quality is influenced by natural (hydrogeological) and human-driven (demographic, policy) factors, which may pose significant public health risks, especially for communities relying on unregulated water supplies. This study addresses critical gaps by examining groundwater vulnerability and contamination disparities, emphasizing their implications for public health and equitable resource management. It analyzes the impact of socio-hydrogeological factors on arsenic and nitrate levels in groundwater-supplied systems in Arizona, U.S. Methods include spatial analysis, ANOVA, multivariate regression, and cluster analysis. Significant disparities in arsenic and nitrate contamination, including exceedances of regulatory limits, were observed across supply types, aquifer characteristics, jurisdictional oversights, and groundwater management areas. Domestic wells and community water systems showed distinct contamination risks. Groundwater vulnerability was influenced by geological differences (karst vs. alluvial aquifers) and regulatory oversight, with Tribal and State systems facing unique challenges and resource needs. Socioeconomic disparities were evident, with minority communities, institutional facilities, rural areas, and specific housing types disproportionately exposed to higher contaminant levels. These findings unveil the intersection of race, socioeconomic status, and public health risks, offering an adaptable framework for addressing similar groundwater challenges in arid and semi-arid regions globally. This study is innovative in its focus on policy distinctions between private and regulated wells, karst and alluvial aquifers, and State and Tribal jurisdictions. It emphasizes the need for targeted vulnerability assessments and remediation strategies that integrate geological, hydrological, and regulatory factors to address risk disparities in vulnerable communities. These environmental inequities underscore the urgent need for stronger regulations and strategic resource allocation to support marginalized communities. The study recommends enhancing monitoring protocols, prioritizing resource distribution, and implementing targeted policy interventions to ensure equitable and sustainable access to safe drinking water in arid regions.

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  • Journal IconWater
  • Publication Date IconDec 6, 2024
  • Author Icon Simone A Williams + 4
Open Access Icon Open Access
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