Jurisdictional Framework Research Articles

Targeted Sanctions as a Pathway to Accountability

Abstract The growth of ‘Magnitsky-style’ targeted sanctions has ushered in a new chapter in the history of sanctions practice that places civil society actors in an increasingly empowered position. The development of new legal and policy frameworks in several jurisdictions, led by the USA, has formalized an active role for civil society in governments’ sanction designation processes. By creating a legal framework for civil society engagement, the US Magnitsky laws enshrined the importance of civil society as a source of evidence on human rights and corruption issues into law. This article draws on the experience and observations of, and interviews with, sanctions practitioners who have witnessed the increasing role that civil society is taking in Magnitsky-style sanctions. The article begins by asking why civil society engages with targeted sanctions, before examining the legal and policy frameworks through which civil society actors engage with governments. It looks at five jurisdictions where civil society is taking an active role, the USA, UK, European Union, Canada, and Australia. The article describes the emergence of ‘sanctions clearing houses’ — organizations that act as intermediaries between global civil society and the governments with which they are trying to engage. The article considers present civil society perspectives on current barriers to engagement with sanctions regimes and concludes by emphasizing the importance of civil society engagement in this area, providing recommendations to foster this engagement.

The ICC jurisdiction in Ukraine: challenges and opportunities in the fight against impunity

This article examines the legal relationship between the International Criminal Court (ICC) and Ukraine, a non-party to the Rome Statute, focusing on the scope of the Court's jurisdiction to consider Ukraine's referrals regarding serious crimes committed on its territory since 2014. Discussions regarding the extension of the ICC's jurisdiction over Ukraine commenced in 2014-2015 following Ukraine's two requests for recognition of the ICC's ad hoc jurisdiction. Following the full-scale invasion in 2022, the ICC consolidated these proceedings with the ongoing investigation of crimes committed in Ukraine since 2014. This article analyzes how the ICC's jurisdiction applies to Ukraine, the challenges and prospects for cooperation between the ICC and Ukraine in investigating crimes committed by Russian forces, and the broader implications for the international criminal justice system. The authors analyze arguments for and against Ukraine's ratification of the Rome Statute, concluding that the ICC's jurisdictional framework, particularly concerning the crime of aggression, requires refinement.

Redefining Boundaries in the Metaverse: Navigating the Challenges of Virtual Harm and User Safety

This paper analyses sexual crimes within the Metaverse to develop an effective legal framework. The aim is to enhance safety in virtual realities, ensuring the Metaverse remains a secure, respectful, and liberating environment for all users. As the Metaverse continues to evolve, merging augmented physical reality with digital existence, it introduces new opportunities for socialisation, commerce, education, and entertainment. However, this digital realm also faces significant challenges, particularly the increase in sexual violence. This article evaluates the development of the Metaverse and its impact on sexual offences. It provides an overview of the Metaverse, followed by an in-depth exploration of the nature of sexual violence in this virtual space, its effects on victims, and the resulting legal and ethical issues. Additionally, this article examines the complexities of combating sexual violence within the Metaverse, reviewing the legal frameworks in various jurisdictions, including the United States, the European Union, the United Kingdom, and South Korea. These examinations reveal a range of legal viewpoints and possible solutions. This article outlines a proposed legal framework, highlighting key strategic areas for mitigating sexual violence in the Metaverse. The primary objective is to enrich the discourse on the Metaverse, pushing for strong, flexible, and holistic legal measures. Through this research, we aim to contribute to the creation of protective mechanisms against sexual violence in these emerging virtual landscapes.

Conceptualising Extraterritoriality. Public International Law and Private International Law Considerations

Abstract The aim of this article is to analyse extraterritoriality from public international law and private international law perspectives. Although many scholars relate the exercise of extraterritorial jurisdiction to both private and public international law, in practice the topic is mainly considered as belonging to the latter. Moreover, extraterritorial jurisdiction is not a common notion under private international law. Perhaps because the extraterritorial norm is intended to regulate first and foremost state conduct and not relationships between private persons, but this vision does not take into account that the latter are frequently affected by the norm. It is argued here that from a public international law perspective, the legal framework of extraterritorial jurisdiction is unsettled and incomplete. The bottom line is that states are largely free to unfold their power, given that international law does not really regulate extraterritorial jurisdiction but only establishes the negative obligation not to trespass on state sovereignty. Thus, considering extraterritorial jurisdiction from a national perspective, in this paper, under the general framework of private international law is not only necessary but also justified. In addressing the above, this article will first analyse extraterritoriality as an exception under public international law (2). It will reflect on the lawful/unlawful grounds for the exercise of extraterritorial jurisdiction and will show that the abandonment of territoriality in jurisdictional assertions is more desirable than feasible. Then extraterritoriality will be analysed as an inherent feature of private international law, that can be traced in all three domains regulated by the private international law (3). It will also make a case on the extraterritorial reach of national constitutions.

Narco Analysis: A Comparative Study with Respect to India and Western Countries

Microanalysis, a research method that uses pharmacological agents to induce a relaxed state in subjects to gather information, has become a controversial practice in criminal investigations worldwide. This research paper undertakes an in-depth comparative analysis of drug testing methods in the Indian context and Western countries and unravels the complex legal, ethical and procedural web surrounding its application. The historical development of microanalysis unfolds against the backdrop of differently developed legal frameworks in Indian and Western jurisdictions. This study moves through the maze of legal complexities, examining the legal provisions, court decisions and precedents that shape the permission and limitations of drug testing in both regions. A careful examination of procedural changes forms the backbone of this study, where we explore the step-by-step processes involved in drug testing. A comparative analysis reveals the different protocols followed in India and selected Western countries, revealing the roles of medical professionals and legal authorities in facilitating or controlling the procedure. Ethical considerations that explore the moral implications of using drug testing as an interrogation are central to this debate. Public and professional opinion in India and the West is considered, illuminating different perspectives that contribute to the ongoing debate on the ethics of drug testing. The study brings together clear case studies where pharmacoanalysis has been used and highlights the similarities and differences between Indian and Western applications. As noted in the paper, it synthesizes key findings and considers the broader implications of comparative research. The study discusses the future trajectory of drug analysis, considering possible trends, emerging technologies and alternative methods that may shape the landscape of research practices in both India and the West.

The Chinese Approach to Extraterritoriality

Abstract: China has abandoned its traditional territorially focused approach and has begun to assert extraterritorial jurisdiction by unilaterally regulating and intervening in activities occurring in the territory of other countries. China's view of extraterritoriality is derived from its strong economic power and evolves in the context of recent US–China tension. Its extraterritorial jurisdiction operates as a shield rather than as a sword; guided by pragmatism, however, China has retained the flexibility to utilise extraterritorial jurisdiction for other purposes. Extraterritoriality would serve the international community better if China regarded it as a rebalance of power between nations to form a rules-based international jurisdictional framework and not as an instrument to expand national power abroad.

Predicting formative feedback practices: improving learning and minimising a tendency to ignore feedback

IntroductionTeacher conceptions of feedback ideally predict their feedback practices, but little robust evidence identifies which beliefs matter to practices. It is logical to presume that teacher conceptions of feedback would align with the policy framework of an educational jurisdiction. The Teacher Conceptions of Feedback (TCoF) inventory was developed in New Zealand which has a relatively low-stakes, formative policy framework.MethodsThis study surveyed 451 Swedish teachers working in Years 1-9, a policy context that prioritises teachers using multiple data sources to help students learn. The study used a translated version of the TCoF inventory, but isolated six items related to formative feedback practices from various factors.ResultsA six-factor TCoF was recovered (Praise, Improvement, Ignore, Required, PASA, and Timely), giving partial replication to the previous study. A well-fitting structural equation model showed formative practices were predicted by just two conceptions of feedback (i.e., feedback improves learning and students may ignore feedback).DiscussionThis study demonstrates that the TCoF inventory can be used to identify plausible relations from feedback beliefs to formative feedback practices.

Some restorative experiences within the framework of the Special Jurisdiction for Peace in Colombia

Some restorative experiences within the framework of the Special Jurisdiction for Peace in Colombia

General Alternative and Contractual Jurisdiction in Moldova and Romania Based on the Alternative Procedural Right of Parties

Background: The legal institution that delimits the powers of judicial bodies to resolve legal cases is the general jurisdiction. This interbranch institution which incorporates legal norms of several branches of procedural law that interact with one another . Within this jurisdiction, different types of competences exist, including alternative general competence and contractual general competence. This article aims to highlight the particularities of these types of general competence, starting from the alternative procedural right regulated in the legislation of both the Republic of Moldova and Romania. Methods: The results were obtained through applying various knowledge methods: synthesis, analysis, and comparison. The latter was particularly instrumental in highlighting the regulatory framework of alternative and contractual general jurisdiction in both the Republic of Moldova and Romania. This involved exploring the arguments that these jurisdiction types in the alternative procedural right, identifying the limits and conditions governing their exercise, and examining specifics of their regulation in each country. Additionally, the principles governing alternative and contractual general jurisdiction were also highlighted. Results and Conclusions: This article successfully distinguished between alternative general jurisdiction and contractual general jurisdiction, recognising them as two distinct types of general jurisdiction. This inability to recognise their difference has led to confusion and incorrect application in the judicial practice of the rules regarding the general competence of judicial bodies. The particularities of exercising the right to choose the jurisdictional body were highlighted both under the regulations regarding the alternative general competence and the contractual one. Finally, the study concludes with recommendations to ensure the correct application of these types of general competence in practice. It has been argued that the right to choose the jurisdictional body by virtue of general alternative and contractual jurisdiction constitutes a procedural right, not a substantive one . Proposals have also been proposed to amend the l, improving the alternative general jurisdiction and contract regulations.

THE EU PRIVATE INTERNATIONAL LAW FRAMEWORK FOR THE ACKNOWLEDGMENT AND EXECUTION OF JUDGEMENTS IN EMPLOYMENT MATTERS

This study seeks to examine the recognition and enforcement of EU employment judgements under private international law (PIL). The objectives are to examine the legal framework regulating the recognition and enforceability of employment decisions and to assess the influence of Brexit on EU-UK employment-related rulings. The methodology includes a comprehensive review of applicable EU legislation, case law, and employment-related regulations. This will reveal the conditions for recognising and enforcing employment decisions, the function of the EU Regulation on jurisdiction and judgements, and the scope of the EU Directive on judgement enforcement. The findings will elucidate the complexities and difficulties of PIL in employment matters, including the implications of Brexit. They will promote legal certainty and safeguard employee rights in the EU. Policymakers, legal practitioners, and stakeholders in cross-border employment disputes will gain valuable insights. Based on the results of future research, legal framework reforms may be proposed. Comparative studies of PIL frameworks in other jurisdictions could contribute to the expansion of employment law knowledge internationally.

Accounting meets metaverse: navigating the intersection between the real and virtual worlds

PurposeThe “metaverse” is the new buzzword. With the phenomenal growth of the metaverse comes accounting, taxation and jurisdictional challenges, which business and governments have yet to fully address. This paper aims to highlight and rationalise the lack of regulatory framework and multiplicity of jurisdictions on metaverse transactions. This paper addresses some of the complications with respect to accounting and taxation in virtual environments.Design/methodology/approachThis study relies on secondary data and emerging literature to understand the multiplicity of jurisdiction and complexity of the accounting transactions. The concept of the metaverse is rapidly evolving, and this study uses extant literature to provide the foundation for understanding the key challenges relating to accounting and taxation.FindingsConcepts of revenue recognition and deferment are challenged by the transactions in the metaverse. There are novel applications, underpinned by emerging technologies and blockchain supporting new crypto assets, such as non-fungible tokens and other decentralised finance (DeFi) tools; however, the caveats of anonymity and jurisdictional issues persist. The paper suggests that the industry must adapt to the unique reporting requirements of these assets and develop new standards for evaluating their value for financial reporting purposes. The paper emphasises the need for a case-based approach in the absence of standardised regulations for the accounting industry in the metaverse.Originality/valueThis paper adds original contributions to extant literature of the metaverse and advances ongoing debates into the accounting and taxation issues pertinent to the metaverse and DeFi.

Ports in the Medieval European Atlantic: Shipping, Transport and Labour, ed. Ana María Rivera Medina

The synergy of legal, environmental, slavery and socio-economic historians marks this book, edited by Ana María Rivera Medina, as an important addition to existing scholarship. The book consists of seven chapters, each meticulously prepared. The opening chapter, by Mathias Tranchant, examines the jurisdictional frameworks of the Atlantic ports of medieval France. Tranchant stresses that ports had three geographical layers: the supralittoral zone (land the tide never reaches), the intertidal zone (area covered by the tide range), and the infralittoral zone (shallow water region closest to the shore). From the eleventh to the fifteenth centuries a series of overlapping prerogatives had been collected by lay and ecclesiastical lords (seigneurie rivagière) which created a complex web of rights and jurisdictions. Tranchant carefully describes this process through an in-depth analysis of the available source material. Ana María Rivera Medina’s chapter discusses Basque stevedoring and analyses the port services which ensured the safety of ships, such as placing buoys over sandbanks and employing pilots who knew local sea conditions. She carefully reconstructs the busy working lives of port workers, the intricacies of using lighters to unload ships, and how storage spaces provided opportunities to collect revenues from maritime trade. The chapter by María Álvarez Fernández complements Medina’s essay by discussing port infrastructures and cargo handling in Asturias and Galicia in the later Middle Ages. These were small ports that focused on fishing, but which, nonetheless, contributed to local economies in a variety of ways. Amândio J.M. Barros’s chapter on the slave trade and Portuguese ports in the sixteenth century is an important contribution. His focus is on the smaller ports involved in the slave trade and through this fascinating study draws our attention to black sailors, and how the presence of enslaved people in port communities supported the maritime economy through activities such as carpentry and shipbuilding. Also focusing on Portugal, Sara Pinto examines transport and shipping in the port of Caminha. Pinto pays close attention to the environmental conditions that affected Caminha and examines the administrators employed to supervise port services. Enrique José Ruiz Pilares’s chapter analyses the development of port infrastructure in the coastal regions of Atlantic Andalusia. He points out that, prior to the fifteenth century, much of the infrastructure was built in wood, but from the mid-fifteenth century a significant expansion in trade encouraged authorities to undertake initiatives to improve facilities. Drawing on a case-study of Jerez de la Frontera, Pilares shows that these building projects led to labour specialisations and the development of warehouses, lodgings and markets, which encouraged the growth of a vibrant merchant community. Roberto J. González Zalacain focuses on the development of Tenerife’s ports from the late fifteenth century through to the sixteenth century. The author’s focus here is on showing how Tenerife was integrated into the ‘Atlantic Mediterranean’ and how it facilitated links between Europe, Africa and America.

Jurisdictional approaches to reducing emissions from deforestation and forest degradation in Brazil: Why do states adopt jurisdictional policies?

Although the role of subnational governments in multi-level climate governance is recognized by scholars and policymakers, we still know little about whether and why some subnational jurisdictions in the Global South decide to engage in decentralized climate action. This article yields new insights on this question by explaining variations in the decision of Brazilian states to establish legal frameworks for jurisdictional REDD+, enabling them to receive transnational climate finance, in the early stages of the emergence of REDD+ in Brazil between 2007 and 2017. We draw on key informant interviews with policy entrepreneurs and actors to understand the roles played by (1) the transnational pathways of influence associated with the regime complex for REDD+ and (2) the strategies adopted by state-level policy entrepreneurs in subnational REDD+ readiness policy processes in Brazil in five case studies (Amazonas, Acre, Mato Grosso, Pará and Amapá). According to respondents, credible market incentives were the key influence for state governors to adopt a jurisdictional framework to channel REDD+ funds, but transnational norms and material assistance played important mediating roles. The perceived credibility of market incentives was influenced by: (1) the presence of policy entrepreneurs at the state level; (2) the timing of strategies employed by policy entrepreneurs; (3) the policy beliefs held by the governor regarding environmental issues; and (4) evidence regarding availability of REDD+ finance for states.

Making Law Possible

Making Law Possible

Digital Media and the Crime Industry: Saudi Society

This study concentrates on digital media’s impact on criminal activities in the Saudi community. The theoretical framework is based on the cultivation theory. The study includes the thirteen regions of Saudi Arabia with a sample of 630 respondents. Questionnaires were used to collect data. Based on the results, TikTok, Twitter and Snapchat are the most influential apps that contribute to the rapid spread of crime, particularly fraud, financial scamming, violating religious and public policy values, as well as deceiving minors. The study reveals that the promotion of crime through digital media is attributed to many factors, most notably digital media’s ability to transmit criminal images and patterns all over the world and achieve lucrative gains by stirring up the media entities’ desire to intensify the dissemination of digital media content. The study recommends the importance of international agreements in the field of combating crimes to determine the framework of international jurisdiction and international collaboration to protect communities against cross-border crimes. Adopting strict security measures to provide sound media content, implementing electronic protection policies and paying much more attention to the family circle are the first line of defence in facing the crimes of digital media content. KEYWORDS Crime confrontation, crime spread, international crimes, IT crimes, new media, social media

The influence of precedent practice of the European Court of Human Rights on the civil justice of Ukraine

This article examines the influence of the decisions of the European Court of Human Rights on the development of the civil procedural law of Ukraine and the practice of applying its norms by domestic courts. The concept and essence of the precedent nature of decisions (decisions) of the European Court of Human Rights, their place in the system of so-called "judicial sources" of civil procedural law are defined. The shortcomings of the Law of Ukraine "On the implementation of decisions and application of the practice of the European Court of Human Rights" are indicated, which recognizes the practice of the European Court of Human Rights as a source of law and the position of domestic courts regarding this deficiency.
 It is noted that the source of law according to the Law of Ukraine "On the Execution of Decisions and Application of the Practice of the European Court of Human Rights" is also the practice of the European Commission on Human Rights and its role in the procedure for considering complaints about violations of the Convention is determined.
 The directions of the influence of the practice of the European Court of Human Rights on civil proceedings are outlined, where it is concluded that a precedent can be formed on any procedural issue due to the dynamic interpretation by the specified court of the provisions of the Convention on the Protection of Human Rights and Fundamental Freedoms of 1950 and its protocols . It is noted that the practice of the European Court of Human Rights generally constructs legal ideas regarding the principles of civil procedure and the right to a fair trial. On the example of a separate decision of the European Court of Human Rights, the law enforcement and regulatory influence on the results of consideration and resolution of a civil case and the development of the civil procedural law of Ukraine, respectively, are analyzed. The importance of the practice of the European Court of Human Rights for the civil justice of Ukraine is summarized. In particular, taking into account the precedent practice of the ECtHR during the consideration and resolution of civil cases will eliminate the factors that serve as the reason for the appeal to the Court and will introduce European standards of protection of human rights and freedoms into Ukrainian civil proceedings. As a result, the impact of the decisions of the ECtHR will reduce the need to appeal to an international judicial institution in search of just satisfaction, which will accelerate the protection of the rights and freedoms of the parties to a civil case within the framework of national judicial jurisdiction.

Tensions and Cooperation in Realizing Maritime Security in the Mediterranean Sea: The Examples of Maritime Terrorism and Irregular Migration

Abstract Maritime security is of vital importance to all coastal States in the Mediterranean. Whereas States in the region continue to understand maritime security differently, this article will show that there is a strong security interconnectedness in the Mediterranean Sea. Threats and criminality in one country often spill over across the Mediterranean affecting all other coastal States. Accordingly, this article will emphasise the importance of interstate cooperation in achieving maritime security in the Mediterranean. In doing so, it will focus on two ongoing threats – maritime terrorism and irregular migration – that originate from only a handful of littoral States but have been affecting maritime security across the Mediterranean. The discussion will show that in spite of the common threats, the unique landscape and jurisdictional framework in the Mediterranean have caused tensions between the coastal States, hindering the interstate cooperation required to achieve maritime security in the region.

Jurisdiction at the place of performance of a contract revisited: a case for the theory of characteristic performance in EU civil procedure

The article revisits jurisdiction in the courts for the place of performance of a contract under Article 7(1) of the Brussels Ia Regulation. It proposes a new framework for understanding jurisdiction in contractual matters by offering a comparative and historical analysis of both the place of performance as a ground for jurisdiction and its conceptual counterpart, the place of performance as a connecting factor in conflict of laws. The analysis reveals that jurisdiction in the courts for the place of performance is largely a repetition of the same problematic patterns previously associated with the place of performance as a connecting factor. The article asserts that the persisting problems with Article 7(1) of the Brussels Ia Regulation are due to the inadequacy of the place of performance as a ground for jurisdiction and advocates for the transition to the theory of characteristic performance in EU civil procedure.

The Application Domain Extension (ADE) 4D Cadastral Data Model and Its Application in Turkey

The 3D cadastre, one of the most fundamental components of the 3D LAS (Land Administration System), aims to provide an integrated 3D view of legal (Right, Restrictions, and Responsibilities–RRR) and physical boundaries in multi-storey properties; therefore, to extend the flexible and modular basis of LADM, which best represents legal boundaries and RRRs, some integrated models using technical standards (e.g., CityGML, IFC, InfraGML) are developed to represent the full 3D cadastre. However, since most of the developed 3D integrated data models are designed at the conceptual level, there is a knowledge gap in logical data model relationships, which is the next processing step in the fully integrated 3D data model stage. The main argument of this study is an innovative ADE 4D Cadastral Data Model to represent 3D cadastral objects registration with time attributes using LADM and CityGML. The data management and organization are done in an open-source database for the Turkish cadastral system. This research will discuss two main topics. The first is how to implement a suitable way of realising LADM-based 3D cadastral object registration by focusing on developing the presentation of those cadastral objects to 4D (3D + t), with time attributes in alignment with the jurisdictional framework in Turkey. The second is how the data is managed in an open-source PostgreSQL database. In addition, the usage type of cadastral objects is shown in a CesiumJS, a visualisation platform. Moreover, this study will contribute to eliminating the knowledge gap between the conceptual and logical models.

Review of the Positions of the Ukrainian Supreme Court on Maritime Law Disputes (Administrative Jurisdiction)

The present paper provides an overview of the legal positions of the Ukrainian Supreme Court on maritime disputes within the framework of administrative jurisdiction. In this class of cases, disputes arise about the performance or non-performance of public administration functions or the provision or non-provision of administrative services in matters related to navigation, fisheries, seaports functioning, environmental protection in the coastal waters, etc. Mainly, this paper focuses on the cases concerning prohibitions for ships to call out from a port, services provided by harbormasters, pollution of coastal waters, and fishing. In addition, special attention is paid to disputes related to the legal regime of seaports enforcement in terms of the performance of functions of port authorities and other agencies entitled to various types of controls in the port (in particular, environmental).