State Jurisdiction Research Articles

‘Detestable Slaves of the Devil’: Religion as the ‘Third Pillar’ of the Civilizing Process

Utilising the early modern witchcraft prosecutions as historical evidence, this article proposes a reconfiguration of Norbert Elias’ theory of The Civilizing Process to include ‘religious de-centralisation’ as a necessary ‘third pillar’ within long-term European development. It is argued that, given the significance of the medieval church and the threat to monarchical power posed by that same institution, decentralising organised religion from the functioning of the state was required in order to allow state formation to proceed. This is evidenced by the early modern recategorization of ‘magic’ as witchcraft and the resulting extension of state jurisdiction into the prosecution of witches to the disadvantage of the church courts.

Formation of an Institution of Supranational Commercial Arbitration for the Consideration of Disputes based on Applications from Economic Entities within the Framework of the Eurasian Economic Union

The study is devoted to an analysis of a number of problems arising from the non-governmental nature of the institution of international commercial arbitration in the member states of the Eurasian Economic Union. The author believes that one of the strategic directions of EAEU development until 2025, namely the development of an initiative to create within the EAEU an international arbitration for the consideration of economic disputes based on applications from business entities, contributes to the doctrinal rethinking of the essence of the institution of international commercial arbitration. The author concludes that in the context of deepening Eurasian integration, the concept of «international» in the context of commercial arbitration is gradually acquiring a new meaning — «supranational». The supranational significance of international commercial arbitration, as the author notes, will simplify the mechanism for the recognition and enforcement of arbitration decisions by courts of national jurisdiction of the EAEU member states. This is due to the fact that the supranational significance of the arbitration decisions adopted by commercial arbitration will ensure a completely different system of guarantees for the enforcement of arbitration decisions as a supranational body of the EAEU due to the direct and immediate effect of arbitration decisions throughout the territory of the EAEU member states.

The Politics of Refugee Resettlement in the Asia Pacific: Belonging and ICT-enabled Transnational Settlement

Abstract This conceptual article examines the interplay of forced displacement and resettlement across the Asia Pacific, situated against the backdrop of unprecedented global displacement, rapid uptake of information communication technologies, and strong border governance regimes. Emphasising the centrality of the politics of belonging, this article distinguishes between refugee resettlement, focused on protection, and the broader concept of refugee settlement as part of a larger project of belonging. Recognising that less than 1 per cent of refugees globally are able to access resettlement pathways every year, we present the implications of ICT-enabled transnational settlement, using New Zealand and Australia’s refugee resettlement programmes to anchor this analysis. By examining ongoing transnational connections, particularly through social media, this article illuminates how refugees can negotiate relationships with nearby and distant places. It outlines a spectrum of opportunities and challenges within resettlement and settlement contexts, transcending traditional territorial boundaries defined by the state and local jurisdictions. This article concludes by considering durable and enduring solutions to forward the possibilities of ICT-enabled transnational settlement as it influences the articulation of safety and belonging in an increasingly interconnected yet unevenly mobile world.

The Legal Regime of the Areas Beyond National Jurisdiction in the BBNJ Agreement and Lessons Learned for Space Law

As a result of the discussions on ocean pollution in recent years, the ‘Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction’ (also known as the BBNJ Agreement) was signed on 4 March 2023. One of the most notable aspects of the Agreement in question is that it imposes certain responsibilities on states in a region that are not subject to the sovereignty of any state, while states may extend their jurisdictional authority to these regions only in the case of certain exceptions such as registration.This development can serve as a significant illustrative record of the interaction between environmental protection and state accountability in places like Antarctica or outer space, which are also not under state jurisdiction. This study addresses the lessons learned from the BBNJ Agreement for the environmental protection of outer space by examining benefit-sharing mechanisms, area management tools, and environmental impact assessment in the BBNJ Agreement and makes suggestions on how to strengthen the protection of the space environment through these mechanisms.

Reorienting approaches to maritime boundary disputes: A case for hydro-diplomacy?

Reorienting approaches to maritime boundary disputes: A case for hydro-diplomacy?

Coverage with Selected Vaccines and Exemption Rates Among Children in Kindergarten — United States, 2023–24 School Year

In the United States, states and local jurisdictions set vaccination requirements for school attendance, conditions and procedures for exemptions from these requirements, grace periods for submitting documentation, and provisional enrollment for students who need more time to be vaccinated. States annually report data to CDC on the number of children in kindergarten who meet, are exempt from, or are in the process of meeting requirements. Data reported by 49 states and the District of Columbia (DC) for the 2023-24 school year were used for national- and state-level estimates of the following measures: complete vaccination with required doses of measles, mumps, and rubella vaccine (MMR), diphtheria, tetanus, and acellular pertussis vaccine (DTaP), poliovirus vaccine (polio), and varicella vaccine (VAR); exemptions from vaccination; and school attendance while meeting requirements. The 2023-24 kindergarten class became age-eligible to complete most state-required vaccinations during the COVID-19 pandemic, after schools had returned to routine in-person learning. Compared with approximated national coverage levels across all reported vaccines for the 2019-20 (95%) and 2022-23 (93%) school years, coverage dropped below 93% for the 2023-24 school year, ranging from 92.3% for DTaP to 92.7% for MMR. Exemptions increased to 3.3%, compared with those during the 2022-23 (3.0%) and 2021-22 school years (2.6%). Coverage with MMR, DTaP, polio, and VAR decreased in 35, 32, 33, and 36 jurisdictions, respectively, compared with the 2022-23 school year. Exemptions increased in 41 jurisdictions, with 14 reporting that >5% of kindergartners had an exemption from one or more vaccine. Efforts by health departments, schools, and providers are needed to ensure that students begin school fully vaccinated.

TUTELA PROVISÓRIA EM ARBITRAGEM

This paper explores provisional measures in the context of arbitration, highlighting their significance in contemporary procedural law. Arbitration, as an alternative dispute resolution method, faces challenges in its interaction with state jurisdiction, particularly regarding the granting of provisional measures. The study addresses the models of competence for granting these measures, the interaction between state and arbitral tribunals, and the influence of the Civil Procedure Code on the arbitral procedure. The systematization of provisional measures in the CPC and their implications in arbitration are explored. The article examines provisional measures before and during arbitration, including the role of the emergency arbitrator and the complexities of simultaneous requests to the judge and arbitrator. The importance of the interaction between arbitration and the judicial system for the effectiveness of the arbitral process is emphasized, contributing to the understanding and development of procedural law in arbitration.

Constraints on Interstellar Sovereignty

Human space exploration and settlement of other planets is becoming increasingly technologically feasible, while mission concepts for remote and crewed missions to nearby star systems continue to be developed. But the long-term success of space settlement also requires extensions and advances in models of governance. This paper provides a synthesis of the physical factors that will constrain the application of sovereignty in space as well as legal precedent on Earth that likely applies to any crewed or uncrewed missions to other stellar systems. The Outer Space Treaty limits the territorial expansion of states into space, but the requirements for oversight of nongovernmental agencies and retention of property ownership enable the extension of state jurisdiction into space. Pragmatic constraints from historical precedent on Earth suggest that new space treaties will be unlikely to succeed and new global space agencies may have limited jurisdiction over states, while hard constraints of the space environment require adherence to technical capabilities, political feasibility, and long-term sustainability. These factors form a three-prong test for assessing the viability of interstellar governance models. This discussion of interstellar governance is intended to further the conversation about sovereignty in space prior to the first intentional launch of any interstellar spacecraft. Keywords: Space Settlement, Space Colonization, Interstellar Travel, Governance, Outer Space Treaty

Financial impacts of 2020 Labor Day wildfires to Oregon highways

Wildfire-caused damage to highways has a significant financial cost to the local, regional, and state jurisdictions where they occur. This study examines the financial ramifications of the harm caused to highways by megafires, using a case study of the highways impacted in the U.S. state of Oregon by the five megafires that occurred during the 2020 Labor Day wildfires. This study proposes a method to classify financial road damage from these wildfires based upon curated datasets collected from the Oregon Department of Transportation (ODOT). Hence, this study presents a dataset with labeled classes, which include physical, roadway, and traffic. Physical consequences included an estimated total temporary and permanent repair cost of $44,894,471, an average permanent repair cost per km of highway affected of $51,705, and an increase of 11% in distance and 11% in time required while using detours. Roadway financial impacts involved around $32,680 per km of highway for hazard tree removal emergency repairs and a decrease of about 14% in the annual average daily traffic (AADT) because of traffic impacts. This paper expands the existing body of knowledge by providing a single source for statistical data required to conduct reliable financial analysis on damages to roadways due to megafires.

Status of Women Police in India: An Analytical Study of Uttar Pradesh State Police

Despite a number of efforts by the Government to increase the representation of women in police, it has continued to be relatively sluggish. The Government's data shows that there were a total of 2,17,026 women in police forces, which made up 10.5 percent of the entire police force in the country. Very few women police are recruited for leadership positions. The reasons behind the lesser representation of women police in the police department include the working conditions, societal status of women, recruitment rules, retention and promotion discrimination, inadequate infrastructure, and the police image in society etc. Article 355 of the 7th Schedule of the Constitution of India mandates the Union to safeguard each State from both internal and external disturbances. The responsibility for public order crimes and law enforcement falls under the State's jurisdiction, as designated by Article 246 of the Constitution. Therefore, each State has to establish a police force capable of enforcing laws, maintaining public order, and ensuring the safety of its citizens. The United Nations report underscores the importance of women in the police force, noting that the current ratio of 137 police per lakh population falls short of the required 181 police per lakh population. The United Nations recommends a ratio of 222 police per lakh population, a goal that we are currently far from achieving. The present paper provides police data along with the strength of the women police in India. This also highlights the various committees' recommendations for women's policing and the development of the police force through equality and quality of women working in the police system. Some crucial suggestions and recommendations have been provided to increase the recruitment of women in police organisations.

Addressing selection biases within electronic health record data for estimation of diabetes prevalence among New York City young adults: a cross-sectional study

IntroductionThere is growing interest in using electronic health records (EHRs) for chronic disease surveillance. However, these data are convenience samples of in-care individuals, which are not representative of target populations...

‘Inconvenient Conveniences’: An Essay on Extraterritorial Port State Jurisdiction, in Honor of Ted L. McDorman

Ted McDorman was among the first scholars to author papers on the United Nations Convention on the Law of the Sea (UNCLOS) concept of port state jurisdiction. Building on his insights, this article aims to make a modest contribution to the scholarship on the jurisdictional latitude port states are afforded to address regulatory ineffectiveness. It starts out with an investigation into the concept and polysemy of port state jurisdiction before canvassing “extraterritorial port state jurisdiction” as set forth in UNCLOS Article 218 and finally assessing the possibility that such jurisdiction develops beyond the substantive bounds of Article 218.

Hungarian Model of the Restructuring Process - National Report

As a result of the transposition obligation in Article 34 of Directive (EU) 2019/ 1023 of the European Parliament and of the Council on restructuring frameworks and insolvency, Act LXIV of 2021 (hereinafter - referred to as the Restructuring Act) on restructuring and the amendment of certain acts with the purpose of legal harmonisation was promulgated on 3 June 2021, effective as of of 1 July 2022 for any legal persons struggling with financial difficulties not yet insolvent. The creation of a restructuring model prescribed by the EU directive was implemented by the Hungarian legislator through the opening of a non-contentious court procedure ordered within the jurisdiction and exclusive competence of the Metropolitan Court of Budapest. The primary aim of this paper is to develop a complex and comprehensive picture of the restructuring procedure as placed within the system of insolvency and reorganisation procedures in Hungary. Firstly, the paper showcases the unified EU objectives set out by the directive within the system of European insolvency procedures. Secondly, it describes the Hungarian procedural rules and the most important related legal institutions adopted to implement these objectives. Section 6 of the Restructuring Act sets out that the aim of restructuring is to adopt and implement a restructuring plan with some or all of the creditors and thus prevent the debtor’s future insolvency and ensure the debtor’s financial viability. For the purpose of reaching this objective, therefore, restructuring constitutes measures aiming at restoring the financial balance of the debtor, including changing the composition, the conditions or the structure of the debtor’s assets and liabilities and any other part of the debtor’s capital structure. Among these measures, the Restructuring Act lists as example the sale of the debtor’s property or part thereof, or the sale of any participation in the debt. The condition for restructuring is the likelihood of the company’s insolvency. The definition of the likelihood of insolvent Directive (EU) on restructuring frameworks and insolvency, European insolvency procedures, insolvency and reorganisation procedures, restructuring plan, non-contentious court procedure bears a central significance here: it constitutes the entrance point into the restructuring procedure. In addition to the definition of insolvency, Section 2(2) of the Restructuring and Insolvency Directive renders the interpretation of the probability of insolvency into Member State jurisdiction. Among the Explanatory notes the Restructuring Act defines the likelihood of becoming insolvent as a situation in which there are reasonable grounds for believing that the debtor will be unable to meet his/her outstanding payment obligations when they fall due, unless further measures are taken. Keywords: Directive (EU) on restructuring frameworks and insolvency; European insolvency procedures; Insolvency and reorganisation procedures; Restructuring plan; non-contentious court procedure

Composition of New York State (United States) Disposed Waste and Recyclables in 2021: An Advanced Analysis of Waste Sort Data

Understanding the composition of disposed municipal solid waste (MSW) and recyclables can lead to better waste management. New York State (United States) has never had a state-wide waste characterization sorting program. In 2021, sampling was conducted at 11 locations, representing 25% of the state population outside of New York City. Twenty-three tonnes from 173 discrete samples were sorted into 41 categories. The resulting data were analyzed by single constituent approaches and more novel multivariate distance techniques. The analyses found that disposed MSW was 22.8% paper, 20.5% food, and 16.8% plastics. Recyclable paper and glass–metal–plastic containers were 18.2% (11.7% paper, 6.5% containers) and yard waste was 6.5%, meaning about 25% of the disposed MSW could have been recovered. Multivariate analysis determined that the disposed MSW was similar to that from other United States jurisdictions such as Wisconsin, Pennsylvania, New York City, and Syracuse (NY), and different from California and United States Environmental Protection Agency model data. Recyclables composition was different from disposed MSW composition. Dual-stream recyclables were sorted better than single-stream recyclables. Corrugated cardboard was the most common paper recyclable and plastics were the most common container recyclable. The data are being used to help guide planning for an expected packaging extended producer responsibility law for the State.

Farm dams and the need for integrated water storage safety, equity and land-use policy: Comparative case study evidence from Australia

Farm dams that are not planned, designed and managed properly at the individual level can create water storage safety, equity and land-use planning threats to downstream communities and the environment that aggregate at the catchment level. The paper extends previous research and understanding into this threefold phenomenon by exploring the integrated policy needs within the Australian setting. This is achieved through comparative case studies involving assessments of farm dam policies and their integration, and on-site audit-style surveys of dam management practices that are related to the policies in two state jurisdictions, South Australia and Tasmania. These case studies represent weak versus strong farm dam safety, equity and land-use regulatory policies and integration. Survey results in South Australia find most hazardous farm dams studied are not built or maintained to an adequate standard and spillways are blocked and/or under-designed. This results in potentially storing more water than entitled and creating unsafe dams and potential water sharing equity and land-use planning threats at both the individual and cumulative levels in catchments. Survey results in Tasmania are in contrast and hence this state serves as an exemplar of feasible 3-fold integrated policy that is performing effectively. Analysis of results against international regulatory benchmarks finds that in addition to Tasmania's model there are other regulatory options that may better suit different jurisdictions, and cost-effective tools to help integrated policy implementation are also available. Based on these findings policy recommendations for South Australia are made. The paper represents indicative lessons and guidance for any jurisdiction internationally with similar circumstances on how to design suitable integrated policy that helps farm dams and proximate land-use be developed and managed safely and equitably.

Eco-social analysis for the sustainability of Zapoteca’s Hill

Zapoteca’s Hill is a Natural Protected Area under state jurisdiction that shows great deterioration. This research analyzes the state of conservation of the hill through the perception of its interest groups and the dynamics of the taxonomic group of birds as a bioindicator to propose strategic lines for the sustainability of the protected area. The annual change in the birdlife of the site was analyzed from April 2021 to March 2022, using the Shannon diversity indexes, ornithological value and importance value, observing 939 individuals belonging to 62 species. 19% of the taxa present some endemism, and two species are at risk. Regarding the social perception of the conservation status of the protected area, a concatenation method of three participatory processes was used: a) Impact Chain modeling workshop, b) Interviews with key actors and c) Surveys of users of the hill. The main problem perceived by interest groups is the absence of regulation for the flow of visitors and to regulate the uses given to the hill. A participatory management proposal includes 5 strategic lines for preserving the Natural Protected Area.

International Legal Regulation of Biodiversity Conservation in Northern Latitudes (Part 1)

Environmental problems are one of the strongest drivers of the development of international law, in some cases, they do act as a way to restrict certain types of activities for certain states. They are of particular importance in the context of polar regions resources usage. The study aims to identify problems and formulate proposals for the development of Russia’s legal position on the conservation of biodiversity in the northern latitudes, as well as to assess the applicability of the universal regime of biodiversity management and the experience of conservation of Antarctic biodiversity. Key threats to the conservation of biodiversity in the northern latitudes include climate change, fishing, marine pollution, tourism and insufficient scientific data on the ecosystems of the region. Fishing poses an immediate threat to the biodiversity of the Arctic, while other threats are the consequences of various human activities. Territorial claims in the Arctic have virtually no effect on the conservation and management of the region’s biodiversity. There is no special treaty on combating climate change and its consequences in the Arctic, because the problem is caused by activities under the jurisdiction of states, has a global character and does not depend solely on the efforts of the Arctic states. Regarding the prevention of pollution of the Arctic marine environment, states recognize the applicability of universal international treaties and decisions of the International Maritime Organization. Legal regulation of tourism in the Arctic is carried out at the national level, with the mandatory implementation of universal environmental obligations, including environmental impact assessment, waste disposal, and the use of zonally linked management tools.

PEMBAHARUAN HUKUM PROSEDUR PENGEMBALIAN ASET TINDAK PIDANA

The research aim is to explore the reform of legal procedures concerning the return of assets obtained through criminal activities in Indonesia. It examines the current legal framework and compares it with practices in other nations. The research employs descriptive normative methodology, analyzing secondary data qualitatively and drawing conclusions through deductive reasoning. Through analysis of concrete cases, evaluation of agreement terms documents, review of the arbitration process, and consideration of the social and cultural context, this research reveals the complexity of the legal matters arise. And through an in-depth analysis process, this research will explore the legal procedures for returning assets resulting from criminal acts. The research results found similarities and differences in the procedures and implementation of the two countries. In addition, this research provides suggestions for increasing effectiveness in returning assets that are outside the state's jurisdiction. This research hopefully can provide in-depth insight to legal practitioners, academics and other stakeholders to realizing a good legal system and supporting development.Keywords: Legal Reform, Procedure, Asset Recovery

Disposing of single use: Evaluating the effectiveness of Berkeley’s anti-single use disposable foodware ordinance

Single use disposable (SUD) foodware is an increasingly large waste problem in the United States. One strategy to combat this rising problem is through targeted policy mechanisms. In recent years, many local and state jurisdictions have implemented anti-SUD foodware policies, aimed at banning or charging extra for the specific material and/or foodware types. In 2019, the City of Berkeley, California, passed a comprehensive anti-SUD foodware Ordinance, featuring numerous policy mechanisms to reduce SUD foodware, to foster more sustainable practices among food vendors, and be a model for other jurisdictions. Over the 4 years (2019–2022), we collected observational survey data based on the policy’s mechanisms to assess prepared food vendors’ compliance with the Ordinance and thus its effectiveness. The COVID-19 lockdown slowed adoption and implementation of the Ordinance and our data reflect this. In 2020—the second year of data collection—compliance decreased for 5 of the 8 policy mechanisms, rebounding in 3 of them 2 years later. This article ends with recommendations for actions the City can take to increase vendor compliance with, and thus effectiveness of, the policy. This study also contributes to current research discussions on waste, plastics and sustainability, and provides valuable insight into policy implementation processes on the ground.

Half a century of citizen science tag-recapture data reveals stock delineation and cross-jurisdictional connectivity of an iconic pelagic fish

Tag-recapture programs to monitor the movements of fish populations are among some of the longest-running citizen-science datasets to date. Here, using half a century of yellowtail kingfish (Seriola lalandi, Carangidae) tag-recapture data collected through citizen-science projects, we report novel insights into population connectivity in Australia and New Zealand (NZ). Despite the importance of kingfish in commercial and recreational fisheries, substantial knowledge gaps about their stock structure and connectivity between jurisdictions hinder current management efforts. Between 1974 and 2022, 63,432 releases and 4636 recaptures (7.3%) of tagged kingfish were collected in Australia and NZ. Most tagged individuals (51.4%) were recaptured within 10 km of their original release location up to 14 years post-release (mean: 225 days), indicating some degree of site fidelity. However, 656 (14.2%) kingfish were recaptured over 100 km from their release location, with one fish travelling at least 2834 km in 702 days. Seasonal variability was evident for releases and recaptures, with more releases occurring in summer and autumn in most jurisdictions. Network analysis of recaptures revealed no connectivity between tagged kingfish from western and eastern Australia, supporting genetic delineation. By contrast, extensive connectivity exists across eastern Australia and NZ, with 87 kingfish moving between five Australian state jurisdictions, 316 individuals travelling across 15 bioregions and six kingfish moving between Australia and NZ. Our findings provide important new insights into the structure and connectivity of the eastern Australia kingfish stock and suggest increased collaboration between state and international fisheries jurisdictions may support improved stock assessment and management.