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State Jurisdiction Research Articles

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Overview
1381 Articles

Published in last 50 years

Related Topics

  • Coastal States
  • Coastal States
  • National Jurisdiction
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Articles published on State Jurisdiction

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2023 Exploration and appraisal year in review

Petroleum exploration expenditure in 2023 increased modestly over that of 2022, but remains well below expenditure highs of a decade ago which were dominated by offshore activity. Exploration is dominant in onshore state jurisdictions and has been since 2019, and will continue to be with no Federal offshore petroleum exploration acreage release rounds or exploration permit awards in 2023. Despite the modest increase in exploration expenditure there were 38 exploration wells drilled in 2023, an increase from the 26 wells drilled in 2022. Three of these 2023 wells were located offshore, targeting prospective resources in the vicinity of liquefied natural gas (LNG) project upstream gas fields. Thirty-four conventional onshore exploration wells were drilled in 2023 compared to 18 in 2022, a significant increase. The Cooper–Eromanga Basin was the focus of onshore exploration drilling with 21 exploration wells, compared to 13 in 2022, which yielded six discoveries. The onshore Northern Perth Basin continues to be an exploration hot spot with five wells drilled in 2023, compared to four in 2022. The Permian Kingia Sandstone exploration play continues to deliver exploration success, with discoveries at North Erregulla Deep-1, Trigg Northwest-1, South Erregulla-3 and Tarantula Deep-1. Five exploration permits were awarded in onshore Western Australia and two in Queensland. These permits were awarded with modest exploration work programs. The interest in carbon capture and storage projects and assessment acreage continues with a Federal offshore greenhouse gas (GHG) release round in 2023 and 26 onshore state jurisdiction GHG assessment permits awarded or nominated preferred tender status.

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  • Journal IconAustralian Energy Producers Journal
  • Publication Date IconMay 16, 2024
  • Author Icon Adam Craig
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Tax sovereignty of the state in the context of legal policy

The article examines the tax sovereignty of the state in the context of legal policy based on the current legislation of Ukraine and regulatory legal acts of the European Union. The subject of the study is the financial and legal norms, with the help of which the state implements the sovereign right to taxation. The research used a complex of general scientific and private scientific methods: dialectical, historical-legal, comparative-legal, structural- functional, formal logic, systemic approach, etc. It is noted that the tax sovereignty of the state is the exclusive right of the state to independently and independently carry out the function of taxation and tax collection within the territory over which its jurisdiction extends. The content of the state's tax sovereignty consists in the following areas of the state's tax function: setting taxes on the territory under state jurisdiction; introduction of established taxes and their cancellation; delegation of certain powers regarding the establishment and introduction of taxes to other public-territorial entities in their territory; collection of established taxes, including control over the completeness and timeliness of tax payment and prosecution of persons who have violated the legislation on taxes and fees; international cooperation in the field of taxation. Tax sovereignty has the following characteristics: the exclusive right of the state to set and collect taxes on its territory; independence of the state in implementing the function of taxation and tax collection; unity of tax sovereignty; derived from popular sovereignty; implementation in legal form. Tax sovereignty is based on people's power and cannot be opposed to it.

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  • Journal IconAnalytical and Comparative Jurisprudence
  • Publication Date IconMay 11, 2024
  • Author Icon S.S Yesimov + 1
Open Access Icon Open Access
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Definition of State Jurisdiction in the Digital Space

The article examines the evolution of the Internet as an integral component of modern information society and its influence on defining state jurisdiction in the digital space. The author analyzes traditional approaches to understanding state jurisdiction in the Internet space, including the concept of neutral territories with international regimes, analogous to the regime established in Antarctica, in outer space regarding celestial bodies, etc., the concept of limiting state competence to national domain names, as well as the principles of territorial sovereignty, establishment of a global regulatory regime, and the principle of jurisdictional autonomy. Special attention in the article is devoted to ensuring, on the one hand, constant, free, and open access to the network, and on the other hand, protecting users from potential negative consequences. The main methods used in preparing this article are: a set of logical research methods and techniques; methods of analysis and synthesis, deduction, as well as special legal methods. In order to promote a more fair and equal global governance of the digital space and the construction of an information society with a common future in cyberspace, governments of countries should reconsider the traditional model of state governance, as with the development of digital technologies, it has proven to be ineffective, which may lead to even greater resistance from society and the private sector of the economy. Therefore, it is necessary to develop international norms, principles, methods, and standards aimed at effectively regulating the digital space and settling the issue of establishing state jurisdiction in the global network, which will allow finding a balance between public and private security, the efficiency of state governance, and at the same time ensure the protection of digital rights of citizens.

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  • Journal IconЮридические исследования
  • Publication Date IconMay 1, 2024
  • Author Icon Anastasiya Vladimirovna Yakunina
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Using isotopic fingerprints in gastropod shells to validate commercial production pathway and geographic provenance.

Growing demand for high-value seafood is fuelling provenance fraud, which threatens the sustainability of wild fisheries while posing biosecurity and human health risks. Here, we investigated carbon (δ 13C) and oxygen (δ 18O) isotopes in abalone shells (Haliotis sp.) to determine the production method and geographical provenance. Using X-ray diffraction and isotope ratio mass spectrometry, we found that shell mineralogy did not influence isotope values. Isotope values between wild and farmed sectors were statistically different, with 64% of individuals correctly classified as farmed or wild. Subsequently, we successfully distinguished the provenance of abalone collected from farms (with 83% of individuals correctly classified), as well as wild-caught abalone collected from four state jurisdictions (with 88% correctly classified). Carbon isotopes were strongly correlated to longitude, with both isotopes correlated to latitude. Overall, this study demonstrates the potential of isotopic fingerprints in gastropod shells to track the provenance of commercially valuable species.

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  • Journal IconRoyal Society open science
  • Publication Date IconMay 1, 2024
  • Author Icon Elise N Boultby + 3
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ARTIFICIAL INTELLIGENCE TECHNOLOGIES IN IT INDUSTRY AS AN OBJECT OF INTELLECTUAL PROPERTY RIGHTS: COMPARATIVE LEGAL BASIS

In the modern world of rapid development of information technologies, the significance of artificial intelligence technologies in the information technology industry becomes decisive, leading to serious challenges for legal regulation, especially in the context of intellectual property. In this scientific article, the author conducts a study of artificial intelligence technology as an object of legal protection of intellectual property, focusing on comparative legal principles in international and Ukrainian law. The author provides a detailed analysis of the current state of artificial intelligence development in the IT industry, examining the legal aspects in European, Asian, United States, and Ukrainian jurisdictions. The article presents the results of reviewing several key aspects related to the legal protection of intellectual property, such as patenting and establishing copyright for machine learning systems. The author conducts a detailed analysis of international standards, conventions, and other regulatory legal documents regarding the regulation of artificial intelligence usage. The legislation of Ukraine is studied with a focus on problematic aspects and national peculiarities. The research results reveal gaps in the national and international legal environment and identify issues in regulating the use of artificial intelligence technologies. The article suggests prospective directions for further improvement of the legal system, balancing the protection of intellectual property and fostering innovation in the IT sector. This article serves as an essential source for researchers, practicing lawyers, and regulators interested in the interaction between technological development and legal regulation of artificial intelligence in international and Ukrainian law. Since the outlined topic is novel and undergoes dynamic updates, continuous and detailed research in academic circles is required.

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  • Journal IconConstitutional State
  • Publication Date IconApr 15, 2024
  • Author Icon M O Karmazin
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A 23-year analysis of litigation in orthopedic elbow surgery

BackgroundThe reasons for malpractice litigation in elbow surgery are not well understood. The aim of this study is to report the most frequently litigated surgeries of the elbow and analyze the reasons for litigation and case outcomes. MethodsA retrospective review of the Westlaw legal database was performed, and all federal and state jurisdiction litigation cases involving the elbow from 2000-2023 were queried. Cases were excluded if they did not involve an orthopedic surgeon, nor primary elbow injury or procedure. Cases were reviewed for demographic information, surgical procedure based on reference CPT codes, complications, symptoms, and reasons for litigation. Quantitative information, including settlement and indemnity cost to the defendant orthopedic surgeon, was analyzed. Cases were sub-divided based on United States Census Bureau regions and states to assess regional frequency of litigation with ANOVA tests. ResultsThere were 59 cases meeting inclusion criteria from 2000-2023.The most litigated cases involved were ulnar nerve transposition/release and open reduction and internal fixation of the proximal radius and/or ulna at the elbow. The most litigated complication was claimed nerve damage (46%) and permanent disability (27%). Of the total cases, the most frequently litigated symptoms were nerve damage (46%) and loss of function (37%), while the least frequent was postoperative stiffness (2%). The Pacific region demonstrated the highest litigation rate (20%), while the East South Central, Mountain, and New England regions had the lowest litigation rate (3% each). A favorable verdict was given to the defendant orthopedic surgeon in 59% of the cases. The average loss incurred through settlement was $245,590, while the average indemnity paid through verdict was $523,334. ConclusionOperative fixation of the proximal ulna/radius and ulnar nerve release/transposition are the most litigated procedures of the elbow. Litigation is most associated with nerve injury. Across Census Bureau regions, there is no significant difference in monetary cost incurred through settlements and verdict losses. Although a majority of litigated cases are won by the defending orthopedic surgeon, thorough informed consent and perioperative expectation management may mitigate litigation risk.

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  • Journal IconJournal of Shoulder and Elbow Surgery
  • Publication Date IconApr 15, 2024
  • Author Icon Emmanuel Brito + 2
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Evidence-based post-ban research to inform effective menthol cigarette bans in the United States and other jurisdictions.

Evidence-based post-ban research to inform effective menthol cigarette bans in the United States and other jurisdictions.

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  • Journal IconNicotine and Tobacco Research
  • Publication Date IconApr 13, 2024
  • Author Icon Alex C Liber + 17
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Design and Modification of COVID-19 Case Investigation and Contact Tracing Interview Scripts Used by Health Departments Throughout the COVID-19 Pandemic.

We sought to (1) document how health departments (HDs) developed COVID-19 case investigation and contact tracing (CI/CT) interview scripts and the topics covered, and (2) understand how and why HDs modified those scripts. Qualitative analysis of CI/CT interview scripts and in-depth key informant interviews with public health officials in 14 HDs. Collected scripts represent 3 distinct points (initial, the majority of which were time stamped May 2020; interim, spanning from September 2020 to August 2021; and current, as of April 2022). Fourteen state, local, and tribal health jurisdictions and Centers for Disease Control and Prevention (CDC). Thirty-six public health officials involved in leading CI/CT from 14 state, local, and tribal health jurisdictions (6 states, 3 cities, 4 counties, and 1 tribal area). Interview script elements included in CI/CT interview scripts over time. Many COVID-19 CI/CT scripts were developed by modifying questions from scripts used for other communicable diseases. Early in the pandemic, scripts included guidance on isolation/quarantine and discussed symptoms of COVID-19. As the pandemic evolved, the length of scripts increased substantially, with significant additions on contact elicitation, vaccinations, isolation/quarantine recommendations, and testing. Drivers of script changes included changes in our understanding of how the virus spreads, risk factors and symptoms, new treatments, new variants, vaccine development, and adjustments to CDC's official isolation and quarantine guidance. Our findings offer suggestions about components to include in future CI/CT efforts, including educating members of the public about the disease and its symptoms, offering mitigation guidance, and providing sufficient support and resources to help people act on that guidance. Assessing the correlation between script length and number of completed interviews or other quality and performance measures could be an area for future study.

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  • Journal IconJournal of public health management and practice : JPHMP
  • Publication Date IconApr 10, 2024
  • Author Icon Cara Orfield + 13
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Jurisdiction of States in the metaverse

The article is devoted to the study of the possibility and features of the establishment of jurisdiction by the state in the metaverse, a virtual space where state power may exist. The author analyzes the concept of the state territory, including the historical evolution of approaches to its understanding, and concludes that the metaverse can theoretically be considered as a continuation of the state territory. Based on this fact, a conclusion is drawn about the possibility of establishing both territorial and extraterritorial jurisdiction in the metaverse. The article highlights the features of establishing territorial jurisdiction in the metaverse through the localization of personal data, the prohibition (restriction) of information on the territory of the state, the "landing" of metaverse operators and on the basis of the doctrine of consequences. The possibilities of establishing extraterritorial jurisdiction in the metaverse based on universal and protective principles are also being considered. Special attention is paid to the "virtual twins" of states in the metaverse, which can be considered as a manifestation of the imperium of the state in virtual space for the purposes of establishing jurisdiction. The following methods were used in this article: formal-logical, historical-legal, comparative-legal research methods. The main conclusions of this study are that the theoretical consideration of the metaverse as an extension of the state territory allows us to shed light on the issues of establishing the jurisdiction of states in this virtual space. The author drew conclusions about the possibility of the state establishing territorial jurisdiction in the metaverse, where the territorial binding may be: personal data related to its citizens, the orientation of information to the territory of the relevant state, the activities of the organization controlling the metaverse on the territory of the state and the consequences on its territory. Conclusions were also drawn about the possibility of establishing universal jurisdiction in the metaverse if the development of the latter would make it possible to violate the norms of jus cogens within its framework. It was also concluded that it is possible to establish jurisdiction over actions in the metaverse based on the protective principle, since the metaverse can provide opportunities for actions that may affect the essential interests of States. "Virtual twins" of States, by analogy with national space objects, with ships or aircraft flying the flag of a certain State, are an extension of the state territory for the purpose of establishing jurisdiction.

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  • Journal IconМеждународное право
  • Publication Date IconApr 1, 2024
  • Author Icon Aleksandr Dmitrievich Severgin
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Wide-bore polyester sutures may create sufficient collagen for cure of prolapse/incontinence: a work in progress.

The main thrust of the Integral Theory Paradigm (ITP) is that inadequate ligament collagen causes pelvic organ prolapses (POP) and pelvic symptoms, a concept validated by multiple publications which cured POP and bladder/bowel/pain dysfunctions by collagen-creating slings. Sling surgery for surgical cure of these conditions was eliminated in the United States, Europe and other regulatory jurisdictions by banning all mesh products (including tapes) in about 2017. The aim of this work was to inform of the progress of a highly promising alternative method for collage creation for ligament repair: wide-bore polyester sutures accurately applied to weak ligaments. The scientific rationale for the wide-bore polyester plication method was a revisit and analysis of prior Instron testing data from a rejected polyester aortic graft from a doctoral thesis. The analysis indicated that the collagen produced by No. 2 polyester sutures would be sufficient to repair weakened pelvic ligaments. The surgical methodology consisted of application of wide-bore No. 2 or No. 3 polyester sutures to existing vaginal surgical techniques such as cardinal/uterosacral ligament (CL/USL) repair in the Fothergill operation, deep transversus perinei (DTP) ligamentous supports of the perineal body (PB) and uniquely, pubourethral ligament (PUL) repair for stress urinary incontinence (SUI). No vaginal tissue was excised. These operations are now being performed in several centres around the world. Because of this, the results detailed below are indicative only, and necessarily incomplete, as they are only from these units. Twelve month data (n=35) for SUI cure (83%) following PUL repair by the urethral ligament plication (ULP) operation has been submitted for publication; POP quantification (POPQ) points Ba, C, Bp, D were significantly improved at 6 weeks postoperative review following repair of CLs (cystocele) and USLs (uterine/apical prolapse) (n=56): deep transverse perinei ligament repair (descending perineal syndrome "DPS") (n=4) were cured at 6-12 months review. Though numbers are few, in the context of DPS being considered incurable, these numbers are significant. Except for the ULP operation, the techniques for cystocele, uterine prolapse, perineocele were essentially evolved versions of the Fothergill and standard PB repairs without any vaginal or ligament excisions. Though promising, more extensive and longer-term results are clearly required before this wide-bore polyester ligament repair method can become mainstream.

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  • Journal IconAnnals of Translational Medicine
  • Publication Date IconApr 1, 2024
  • Author Icon Ahmet Akin Sivaslioglu + 3
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International Legal Principles for Establishing the Jurisdiction of States in Cyberspace

The paper analyzes the principles of state jurisdiction in international law and the features of their application in cyberspace. The formation of cyberspace, the uniqueness of which is expressed in its global, transborder nature, allowing users to interact across state borders, in the interconnection of information systems, in the presence of intangible components and the variability of jurisdictions, has given rise to the question of international legal regulation of relations arising when using cyberspace. The most common approach is that the rules of international law are applied in order to regulate relations related to the use of cyberspace. In this regard, the jurisdiction of states in relation to cyberspace is based on the principles of jurisdiction identified in international law: the territorial principle, including the principle of active and passive territoriality, the doctrine of consequences; national principle, including the principle of active and passive nationality; protective principle, universal principle. As a result of the analysis of doctrine and international acts, namely the reports of the Group of Governmental Experts on Advances in the Field of Information and Telecommunications in the Context of International Security in 2013, 2015, 2021, resolutions of the UN General Assembly, the Computer Crime Convention of 2001, negotiations documents for the draft international convention on combating the use of information and communication technologies for criminal purposes being developed within the UN, it was concluded that the principle of territoriality remains the main principle on the basis of which states establish jurisdiction in cyberspace. At the same time, the specific content of the principle of territoriality and other principles for establishing the jurisdiction of states in cyberspace is still being formed.

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  • Journal IconActual Problems of Russian Law
  • Publication Date IconMar 26, 2024
  • Author Icon V N Tebenkova
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Submarine Infrastructures and the International Legal Framework

The purpose of this paper is to identify weaknesses in the international framework for the protection of submarine cables beyond the sovereign waters of coastal States. To illustrate this, the paper uses a hypothetical case study of what a possible attack on a submarine cable may look like. First, it provides an overview over the applicable framework, with a particular focus on international peacekeeping law (ius contra bellum), the law of the sea, protection against piracy, and criminal prosecution under national criminal law. Various international conventions play a key role in relation to submarine cables. Particularly relevant are the Convention on Submarine Telegraph Cables of 1884, the United Nations Convention on the Law of the Sea of 1982, as well as the peacekeeping regulations of the United Nations Charter of 1949. After outlining the legal framework using the classical methods of treaty interpretation, as well as taking the scholarly literature on this subject into account, the example is subsumed under the various means of protection under international law. The peacekeeping law of the United Nations turns out to be ineffective because, on the one hand, an attack as described in the reference scenario does not necessarily constitute an armed attack in the sense of the UN Charter and therefore cannot be met with military countermeasures. On the other hand, an authorisation by the Security Council cannot be given quickly enough to counter the attack militarily. In addition to that, measures taken in the framework of the Law of the Sea Convention are ineffective due to the exclusive flag State jurisdiction which precludes other States from acting in this matter. An exception to this principle, namely universal jurisdiction to combat piracy, is unlikely to be applied in the context of an attack against a submarine cable. Finally, as result of the exclusive jurisdiction of the flag State and the poor implementation of the international obligations under the Law of the Sea Convention, national criminal law is also inadequate as a repressive means of protection.

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  • Journal IconTransactions on Maritime Science
  • Publication Date IconMar 15, 2024
  • Author Icon Jason Halog + 2
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Regionalizing the Sustainable Development Goals for Island Societies: Lessons From Iceland and Newfoundland

The UN Sustainable Development Goals (SDGs) provide a framework that makes the concept of “sustainable development” more actionable. The nature of island societies — where political jurisdictions overlap in complex ways with land and oceanic ecologies — makes the question of who is responsible for SDG implementation and governance particularly important. We compare SDG interpretations and perceptions of SDG governance in Iceland and Newfoundland using survey and focus group data with stakeholders from government, business, labour, civil society, academia, and youth. Our research questions are as follows: How do research participants view the SDGs in relation to ensuring sustainable futures for their respective island societies? How do research participants view the roles of government and other institutions in implementing sustainability? Answering these questions gives insight into a third theoretically valuable question: Is it the state versus subnational jurisdiction distinction, or is it the common small polity/island dynamics of these cases that is important for understanding the interpretations of the SDGs and their implementation? The interpretations of regionalizing and localizing the SDGs are similar across our two cases, which lends support to a small polity/islandness view of how the SDGs are translated for island societies.

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  • Journal IconIsland Studies Journal
  • Publication Date IconMar 9, 2024
  • Author Icon Mark Cj Stoddart + 2
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European policies for public health in border regions: no European mindset as yet

BackgroundThe sudden emergence of COVID-19 in 2020 demonstrated that Europe was not prepared for a public health crisis like this pandemic. In the European Union, matters of health have remained primarily under the jurisdiction of individual Member States. However, certain events, such as the Kohll-Decker ruling on free mobility of health services and the COVID-19 pandemic, compelled the EU to address health matters in border regions. This study examines how EU policies address public health in border regions. To that end, we have drawn from border studies, a field that provides insight into the fluidity and complexity of borders in everyday life. Besides that we used constructivist policy studies as a lens for the analysis of EU policy documents.MethodsA policy discourse analysis was conducted to explore how European policy addresses the development of a transnational, European public health in border regions. Key European policy documents published between 2002 and 2027 were analysed to understand how policies are constructed and problems are framed. The analysis was guided by research questions and the theoretical approach.ResultsThe analysis reveals that, while having limited competences in the field of health care, the EU is slowly developing a rationale and a knowledge base to increase its competences in health care. It also shows that in the field of public health, the EU argues for addressing health determinants and promoting healthy lifestyles, though it does not address health promotion in border regions. The EU’s authority in public health in border regions revolves primarily around addressing physical, biological and chemical threats rather than social health problems.ConclusionThough the EU has carefully developed a transnational perspective on health care, the EU has not developed any authority with respect to transnational public health. Though public health and health promotion in border regions have been confronted with specific challenges, neither specific Member States nor the EU have a transnational collaborative perspective that does justice to the characteristics of border regions. When it comes to public health in border regions, there is no European mindset as yet.

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  • Journal IconBMC Public Health
  • Publication Date IconMar 8, 2024
  • Author Icon Brigitte A.M Van Der Zanden + 2
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Navigating uncharted waters: Challenges and regulatory solutions for flag state jurisdiction of Maritime Autonomous Surface Ships under UNCLOS

Navigating uncharted waters: Challenges and regulatory solutions for flag state jurisdiction of Maritime Autonomous Surface Ships under UNCLOS

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  • Journal IconMarine Policy
  • Publication Date IconFeb 7, 2024
  • Author Icon Bingying Dong + 2
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Theories of Interpretation: Islamic Law v. International

Whereas Europeans exercised influence over Muslim areas in the last century, Muslim countries and its legal systems were expected to be considered and to interact with international rules. The Hague Conferences of 1896, 1902 and 1905 were established for the purposes of developing agreement on private international law. These conferences did not invite Muslim countries though these states situated outside Europe could have treaties applied on their territories when they were under the jurisdiction of European states. In the same line several conferences and arenas have called and recommended the study of the Islamic legal rules. For example, North Sea case the judge argued that the principle of ‘sovereign equality’ protected in Article 2(1) of the United Nations Charter, necessitates the court to refer not only to European legal traditions but also to Islamic legal principles when seeking for a general principle of law. This paper argues that the Islamic law has its unique methodologies of interpretations, can share common views compared to the rules of interpretations in international law, and can offer unprecedented solutions to many international disputed issues. This article questions the ways in which the international scholarship and legal community could benefit from such an ‘exquisite understudied art.’

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  • Journal IconYıldırım Beyazıt Hukuk Dergisi
  • Publication Date IconJan 31, 2024
  • Author Icon Haitam Suleiman + 1
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New insights into space activities regulation: ab origine to contemporary

The research presents new perceptions on the process of regulating space activities based on a synthesis of innovative approaches to regulating such activities and analysis of documents adopted by the international community in this area over the entire period of development of space activities. First of all, the research raises the issue of the format of the existing Space Law (including the form of Conventionalis stipulatio) as well as the question of the possibility of the emergence in the future of several new legal systems to regulate space activities. In this regard, the list of subjects and objects of space activities and space law is revised, and options for their classification and new interpretations are proposed. In addition, at this stage of the research, a proposal is presented for applying a new approach to organizing the legal space of the Universe taking into account the principles of “domestic room” and “alien room”. At the same time, this proposal also includes the use of new methods to determine the spatial-territorial jurisdiction of States. Thus, instead of searching for the border between airspace and outer space (which has not yet been successful), the question of the possibility of dividing the entire aerospace into several special layers is considered, namely, a layer of spatial security of States, a layer of spatial security of humanity, and open space. Additionally, the research emphasizes the gradual formation in 1958 – 1963 of the first four most important General Principles for Space Activities, which in the future may become the basis for the development of Outer Space Public Law aimed at the benefit of all humanity. According to the author, the findings of this research can be useful to form a new insight into the process of regulating space activities and develop new forms and types of Space Law that will change the international situation in this area for the better.

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  • Journal IconEconomics. Finances. Law
  • Publication Date IconJan 30, 2024
  • Author Icon Volodymyr Marinich + 2
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National registration of space objects: analysis of problems and solutions

The article is devoted to the study of the legal aspects of the implementation of the norms of space law in Ukraine regarding the implementation of the national registration of space objects. It was established that the registration-legal connection between a space object and the state is a legal element that determines the presence or absence of a stipulated right of state jurisdiction over a space object in outer space. It is proven that the implementation of the exclusive jurisdiction of the state depends on the existence of a clear mechanism for the national registration of space objects and the effective functioning of their state register. Based on the analysis of the norms of international space law, it was determined that the «state of registration» of a space object is its «launch state», which maintains a register of space objects. It is emphasized that the «launch state» should introduce a national procedure for registering space objects, which involves the creation of a state register. The legal significance of their registration lies in the fact that entering a space object into the register is a legally significant action that enables the application of the norms of national legislation. It is the “launch state” that has received and implemented the right to register the space object, will have the legal status of the “registration state” and will implement quasi­territorial jurisdiction over the object during its stay in outer space. It is argued that the legislative norm on the mandatory state registration of spacecraft in the State Register of Spacecraft of Ukraine does not currently create legal consequences for the subjects of the relevant legal relationship, since the Rules for the Registration of Spacecraft in Ukraine have not been approved by the Cabinet of Ministers of Ukraine yet. Legal uncertainty regarding the rules of their registration creates a potentially dangerous jurisdictional vacuum during the stay of spacecraft in outer space, which can lead to the emergence of negative legal situations. The primary step of the state in solving this problem should be the establishment of a clear and effective procedure for the national registration of space objects. This will contribute to ensuring legal stability and compliance of Ukrainian space legislation with the norms and principles of international space law, as well as guaranteeing the preservation of Ukraine’s jurisdiction over objects launched into outer space.

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  • Journal IconUzhhorod National University Herald. Series: Law
  • Publication Date IconJan 20, 2024
  • Author Icon V.V Semenyaka
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International Effect: The Ongoing Tension with Medical Marijuana Legalization

Purpose: In the landscape of the United States, an escalating number of states are ushering in a new era by enacting legislation that affords individuals the right to employ cannabis for medical purposes. However, this commendable stride toward medical autonomy is accompanied by an escalating tension, a discordant symphony of conflict between state and federal jurisdictions. This study embarks on a journey through the labyrinth of legislative intricacies, seeking to unravel the roots of this tension and proffering insights into potential resolutions. At the heart of the matter lies the dichotomy between state and federal legislation. While states pave the way for medical cannabis use, the federal stance casts a looming shadow of ambiguity and discord. The conflict, multifaceted and dynamic, beckons for a nuanced exploration.
 Methodology: The study adopted desktop literature research design.
 Findings: By delving into the intricacies of the legislative measures themselves, this research identifies mitigating factors that can potentially alleviate the tension between conflicting jurisdictions. Mitigation, however, requires more than a superficial understanding of legislative nuances. It demands a comprehensive acknowledgment of the extensive legal and medical data interwoven with the fabric of cannabis use for medical purposes.
 Unique Contribution to Theory, Practice and Policy: The study advocates for a holistic approach, urging policymakers to draw upon a repository of knowledge that transcends mere legal frameworks. In doing so, it seeks to bridge the gap between state and federal perspectives, fostering a more informed and cooperative discourse. Navigating the path toward resolution involves a delicate balance. The sculpting of legislative measures should be informed by a deep appreciation of the medical intricacies associated with cannabis use. The study underscores the significance of considering medical data as an essential compass in the journey toward harmonizing state and federal regulations. By acknowledging the complex interplay between legality and medical efficacy, this research contributes to the ongoing dialogue surrounding cannabis legislation. In conclusion, this study illuminates the intricate dance between state and federal jurisdictions in the realm of medical cannabis use. Through a meticulous examination of legislative intricacies and a robust consideration of legal and medical data, it endeavors to pave the way for a more harmonious coexistence between state and federal perspectives.

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  • Journal IconInternational Journal of Law and Policy
  • Publication Date IconJan 15, 2024
  • Author Icon Gabriel Vadasz
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Юрисдикция и киберпространство. К вопросу о толковании понятий в контексте теории права

The article presents the author's position on the problem of jurisdiction in cyberspace. The author analyzes the conceptual apparatus, in particular the term cyberspace, and presents various points of view of representatives of the scientific community on the possibility and impossibility of establishing state jurisdiction in the Russian segment of the Internet. A conclusion is made about the technical base that allows, if necessary, to localize the Internet space, closing it within the borders of the Russian Federation.

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  • Journal IconJuridical World
  • Publication Date IconJan 11, 2024
  • Author Icon Stanislav B Kulikov
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