Limits Of Jurisdiction Research Articles

On-site breakfast provision in early childhood education and care (ECEC) services in Australia: a multi-method investigation

BackgroundBreakfast is vital for young children’s health. In Australia, breakfast is often provided in government-approved Early Childhood Education and Care (ECEC) services. However, research on breakfast provision in Australian ECEC services is limited. This study aimed to evaluate breakfast quality and enablers and barriers of breakfast provision in these settings.MethodsA multi-method, sequential explanatory design was employed, including survey, on-site visits, and semi-structured interviews. ECEC services offering breakfast in Victoria, Australia, participated in an online survey to assess breakfast provision quality based on Victorian Health Eating Advisory Service (HEAS) guidelines. Multivariate logistic regression was utilised to identify the relationship between breakfast quality and service characteristics. A subset of services participated in 1-day observational visits and 30-min semi-structured interviews. The on-site visits observed breakfast foods and environments, while interviews explored enablers or barriers of breakfast provision.ResultsFifty ECEC services participated in the online survey, with common breakfast items such as cereal, bread, and milk being frequently provided, while fruits and vegetables were among the least common items offered. Only 10–16% of services met the HEAS definitions of high-quality standards, and these centres were mostly located in socioeconomically advantaged areas. Of these, four services participated in the on-site observation phase, where the use of full-cream milk and multigrain bread was commonly noted. Additionally, eight interviews (two from each centre) were conducted to explore enablers and barriers to healthy breakfast provision. Key enablers included government funding and the use of nutritional guidelines, while barriers involved time constraints, budget limitations, staffing shortages, and insufficient confidence in applying and utilising nutrition guidance.ConclusionFruits and vegetables are rarely provided at breakfast in ECEC settings, and only a small number of ECEC services met high-quality breakfast standards, with those in socio-economically advantaged areas more likely to achieve these standards. Targeted interventions, particularly in disadvantaged areas, are essential to improve the quality of breakfast provision, with a focus on including fruits and vegetables in line with guidelines. While the findings of this study had jurisdictional limitations, this study highlighted the importance of addressing issues such as time constraints, budget limitations, and staffing shortages, along with establishing practical and clear breakfast guidelines to enhance the quality of breakfast provision in ECEC settings. Further research is needed to explore specific and actionable strategies for implementing these improvements.

Peculiarities of recognition and enforcement of foreign judgments in Ukraine: problematic aspects

This article examines the legal framework, challenges, and procedural nuances of recognizing and enforcing foreign court decisions in Ukraine. The study analyzes Ukraine's legislative provisions, international treaties, and judicial practices governing the enforcement of foreign judgments, highlighting the impact of Ukraine's commitments under various international agreements. Key factors influencing the enforcement process, such as reciprocity, jurisdictional limits, and procedural fairness, are explored to provide insights into the complexities of cross-border judicial cooperation. The article also discusses recent legal developments in Ukraine that affect the recognition and enforcement of foreign judgments, addressing both practical and theoretical perspectives. The research employs several scientific methods, including the legal, the comparative method to contrast Ukrainian and international approaches, the normative analysis method to examine specific legislative provisions, the systematic method to evaluate the coherence of Ukraine’s judicial policies, and the case-study method to illustrate practical challenges through recent legal examples. The article concludes with recommendations for enhancing Ukraine’s enforcement practices, thereby promoting more effective international judicial cooperation.

Research on China-Laos Cooperation to Combating Cross-Border Telecom Network Fraud

Telecom network fraud has arisen as a significant transnational crime impacting China and Laos, capitalizing on legal, jurisdictional, and technical discrepancies between the two nations. This paper analyzes the collaborative initiatives between China and Laos to address cross-border telecom network fraud, highlighting significant joint operations carried out from 2016 to 2024. The magnitude of telecom network fraud is shown by the extradition of over 2,500 criminals from Laos to China, which has averted millions of dollars in financial damages via collaborative law enforcement initiatives. The study analyzes significant hurdles, including jurisdictional limitations, technology inadequacies, and political factors that influence the effectiveness of joint operations. This paper proposes improved strategies for real-time digital evidence-sharing, the formation of joint task forces, enhanced financial intelligence monitoring, and expedited extradition processes through the analysis of case studies and ongoing collaborative efforts. By enhancing technological capabilities, offering training, and bolstering political support, China and Laos can establish a more robust framework for addressing telecom network fraud and ensuring regional security.

Is the ordinary high water mark ordinarily at bankfull? Applying a weight‐of‐evidence approach to stream delineation

AbstractThe ordinary high water mark (OHWM) is a regulatory boundary essential to identifying the lateral jurisdictional limits of rivers and streams in the United States (U.S.). Bankfull is a scientific concept that has been defined and identified in a multitude of ways by scientists. Geomorphologist and hydrologist have long recognized that there can be variability in the identification of bankfull depending on how bankfull is defined. Furthermore, this variability is only increased by the inherent variability in stream characteristics that occurs along a reach of channel. Because of the overlap in the regulatory definition of OHWM and the scientific definitions of bankfull, one of the primary purposes of the study is to apply the definition of OHWM and compare it to bankfull in a variety of channel types in different climatic, hydrologic, and geologic settings. Our results show that there is a clear overlap between the identification of the OHWM and bankfull elevations. Regulatory practitioners are generally not specialized in fluvial geomorphology and yet are tasked with consistently and accurately identifying the OHWM in a variety of stream types throughout the U.S. Therefore, we also present how to apply a weight‐of‐evidence approach through a clear step‐by‐step process to potentially improve consistency and accuracy in identification of OHWM and bankfull by both scientists and non‐scientists.

Perlindungan Hukum Terhadap Hak Kekayaan Intelektual di Era Digital

Legal protection of intellectual property rights (IPR) in the digital era is important because of the increasing economic activity and innovation carried out online. The aim of this research is to understand the challenges and solutions in protecting IPR in the digital era and to evaluate the effectiveness of existing legal instruments. The method used is descriptive and qualitative analysis based on the latest literature and legal regulations related to IPR in the digital era. The research results show that the digital era poses new challenges in IPR protection such as copyright infringement, identity theft and content piracy. However, there have been efforts to address these challenges through regulations such as the Copyright Act and the WIPO Convention. However, implementation and enforcement are often hampered by technological complexity and jurisdictional limitations. In conclusion, legal protection of IPR in the digital era requires a holistic approach through collaboration between government, the private sector and civil society. It is important to continue to develop adaptive regulations and strengthen international cooperation in law enforcement to overcome the challenges faced.

Exploring the Dynamics of section 41A and anticipatory bail: Evolution, Judicial discretion and Legal Reform

Exploring the Dynamics of section 41A and anticipatory bail: Evolution, Judicial discretion and Legal Reform

Jurisdictional limitations on the configuration of the causal link between work and grievance

The present study aims to discuss a current and necessary topic in the field of law: jurisdiction and jurisdictional limits to establish the causal link between work and injury, which concerns both labor law and social security law. Although distinct. These sections of law have points of intersection that can generate doubts and conflicts in applying legal norms, compromising the legal security of relations between employees, employers, and the State. The social security reform, which changed important aspects of benefit rights, but did not modify the residual competence of ordinary justice to judge accidental actions, makes evident the need for unification and adequacy of the procedural means to resolve these demands. The study aims to clarify the constitutional rules that define the competence to process and judge matters related to accidents at work and occupational diseases of workers insured by the General Social Security System (RGPS), seeking to delimit the limits of this jurisdictional action.

President’s constitutional powers and public activism: a focused analysis of presidential speeches under Finland’s two presidencies

Changes in formal powers of political actors like presidents are expected to impact their behavior. This study examines speeches that presidents can utilize for a variety of purposes ranging from topical reflections to new political initiatives and criticism of the government and political parties. In semi-presidential regimes, presidents are often constitutionally weaker than governments, but their popularity opens the possibility of using the public platform for swaying the minds of citizens or politicians. We analyze the tone and content of Finnish presidents’ New Year’s messages and parliamentary speeches from 1932 to 2023. To contribute to the long-standing literature on regime effects, we gauge the impact of Finland’s comprehensive constitutional reform that stripped off most powers of the presidency that was formerly considered among the strongest in Europe. The results show that presidential activity changed already in the mid-1990s when the reform was still underway, and presidents appointed since then speak systematically less about domestic policy and emphasize national unity and citizens, indicating that constitutionally weaker presidents recognize their jurisdictional limits and lean more on their role as directly elected heads of state operating above political parties.

Analysis of Challenges and Prospects for Dispute Resolution through the National Sharia Arbitration Board in the Indonesian Legal Context

This research explores the challenges and prospects for dispute resolution through the National Sharia Arbitration Board within the Indonesian legal context. Utilizing qualitative research methods, including interviews, case studies, content analysis, and comparative analysis, the study identifies institutional challenges such as resource constraints, procedural complexities, and limited jurisdiction. Legal and cultural factors, including the harmonization of laws, cultural sensitivity, and gender equity, are examined. Case studies illustrate the Board's efficacy in family disputes while revealing challenges in handling commercial disputes. Prospects for future development encompass legal reforms, capacity building, and public awareness initiatives. A comparative analysis with global Sharia arbitration bodies provides insights into shared challenges and distinctions. The implications for the Indonesian legal system highlight the need for strategic interventions. Overall, this research contributes to a nuanced understanding of the National Sharia Arbitration Board's role and suggests pathways for its sustainable development

The Role of Artificial Intelligence in the Eradication of Transnational Crime

Transnational crime, ranging from human trafficking and drug smuggling to cybercrime and terrorism, presents an increasingly complex challenge to global security. The interconnectedness of the modern world, coupled with advancements in communication and transportation technologies, has enabled criminal networks to operate with greater efficiency and secrecy, exploiting legal loopholes and jurisdictional limitations. Traditional law enforcement methods have struggled to keep pace with these evolving threats. Artificial Intelligence (AI) has emerged as a transformative tool in the fight against transnational crime, offering real-time data analysis, pattern recognition, and predictive capabilities that enhance law enforcement efforts. This study critically assesses the role of AI technologies, such as machine learning, predictive analytics, and biometric systems, in detecting, preventing, and eradicating transnational crimes, including cybercrime, human trafficking, and terrorism. To assess AI’s effectiveness, this study uses a mix of doctrinal and quantitative research technique, referencing case studies and comparative analysis from various institutional and geographic contexts. This methodology facilitated the organized gathering, analysis, and interpretation of data, concentrating on the tangible effects of AI systems in law enforcement. The study emphasizes AI’s capacity to transform crime prevention and investigation, addressing ethical, legal, and operational obstacles like data privacy issues, algorithmic bias, and the need for international collaboration. The report advocates for uniform legal frameworks and international collaboration, offering proposals that reconcile technological progress with the safeguarding of human rights, with the objective of facilitating responsible AI inclusion in global security efforts.

Analyzing the Ratio Decidendi: Court of Appeals Decision Reversing District Court’s Ruling in an Election Process Dispute

In practice, the General Election process disputes must be brought before the State Administrative Court. Decision Number 757/Pdt.G/2023/PN Jkt.Pst exceeded its jurisdictional limits. This is because the Central Jakarta District Court ruled over the dispute when it did not have the authority. The decision was revoked by decision Number 230/Pdt/2023/PT DKI due to its violation of applicable regulations regarding absolute competence. The legal basis for this revocation has been underscored in Article 470 of Law Number 7 of 2017 concerning General Elections and Article 25 of Law Number 48 of 2009 concerning Judicial Power. This study aims to determine the legal principle of decision Number 230/Pdt/2023/PT DKI, which overturned the Central Jakarta District Court's decision regarding the dispute over the General Election process. The research methodology utilized in this inquiry is normative legal research incorporating a statutory, conceptual, and case-based approach. The legal materials utilized include primary legal materials, such as laws, regulations, and court decisions, and secondary legal materials, including legal books, research journals, and theses pertinent to the research area. The findings indicate that the verdict issued by the DKI Jakarta High Court Judges' Panel was justified. As part of the Supreme Court's voorpost function, the Court of Appeals is responsible for addressing judicial technical and administrative matters that arise at the initial level.

Senator Ayogu Eze v. Hon. Ifeanyi Lawrence Ugwuanyi and Ors: An Answer to Locus Standi and Jurisdiction in Nigerian Jurisprudence

Equally settled is the fact that as at the moment, the only window opened for the courts to entertain action on and/or concerning nomination of candidates for any election by political parties is as provided under section 87(8) or (9) or (10) of the Electoral, Act 2010, (as amended)... “As a result of the above provision conferring (sic) this court has held, in very many cases, that only an aspirant in the primary election conducted by the political party can question the result or nomination or declaration of any person by the party as the winner of the primary election. Consequently, the sponsored candidate of the political party concerned in the election in issue. It follows, therefore, that no other person or member of the political party concerned, has the locus to challenge or question the nomination of any candidate by a political party for any election.” Even at the risk of repetition, the appellant was not a candidate in the governorship primary election that was held in Enugu State in 2015, as such he lacked the locus to challenge the declaration of the 4th respondent as the winner of the said primary. However, section 87(9) of the Electoral Act, 2010 (as amended) gives the courts very limited jurisdiction to ensure that in the selection or nomination process, political parties do not act arbitrarily but within the confines of their constitution and Electoral Guidelines, and in accordance with the provisions of the Electoral Act. The appellant failed to bring himself within the purview of section 87 (9) of the Electoral Act He was not an aspirant in the primary election from which the 4th respondent emerged. He therefore lacked the locus standi to institute the action. There is no reason to interfere with the sound reasoning of the court. Jurisdiction is the bedrock of every litigation be it civil of criminal, however, in this case, the court is heavily clothed with jurisdiction to entertain a matter bordering on political parties primary elections by virtue of section 87(8) or (9) or (10) of the Electoral Act 2010, as amended..., Locus-Standi is an indisputable principle of law that can be raised at any stage of judicial proceedings, locus-Standi determines whether a party to a litigation is armed with power or legal capacity to institute an action before the courts of law, however Senator Ayogu Eze who is the plaintiff/ respondent lacked the right of action, on his failure to participate in primary elections organized by the national committee headed by king Asara; has forfeited or negatived his legal capacity to institute action in the court of first instance.

Learner support services at distance higher education institutions in the union territory of Jammu and Kashmir

PurposeThis paper presents the features and relevance of open distance learning in the context of the socio-economic conditions of people living in the Union Territory of Jammu and Kashmir (J&K) in India. Although the primary purpose of the present study was to ascertain the effectiveness of the learner support services (LSSs) and different facilities offered by the open distance learning (ODL) institutions in that specific region. On the basis of these findings, few suggestions are made for the improvement in the support services, in order to make the ODL system more responsive to the area-specific needs of the learners, especially those residing in inaccessible areas such as J&K.Design/methodology/approachA survey-based descriptive methodology was applied to conduct this study. The data extracted from primary and secondary sources were analysed to reach certain conclusions. In total, 1,200 distance learners constituted the sample of the research. A semi-structured questionnaire was designed and distributed amongst learners and academics in the region to obtain their feedback and opinion on different aspects of support services and facilities offered to ODL learners.FindingsResults of the study revealed that overall, the LSSs were satisfactory on different parameters, although they slightly varied from institution to institution. However, there was still scope for improvement in certain areas, where institutions further need to make serious efforts to address the identified gaps for improving the LSS and make teaching-learning more learner-centric in view of their specific requirements and local circumstances of J&K.Research limitations/implicationsThe present study focusses on presenting an overview of the only major components of LSS offered by ODL institutions and covers six distance education institutions (DEIs) located in different geographical locations within the limited jurisdiction of J&K. There is still scope to make focused (institution-wise) studies in a more specific situation and context to ascertain the problems in a more realistic way.Practical implicationsAlthough the study has been conducted in a specific territory of J&K, the findings reported in the paper may be equally useful for the other ODL institutions with similar characteristics or located in similar geographical locations, as support services are essential common components of institutions offering distance education programmes or courses.Originality/valueThe study is original research work conducted in the specific context of J&K, and its findings are based on the primary and secondary data collected from learners and other stakeholders of the selected ODL institutions. This work may be significant for the DEIs of J&K to get familiar with the essential components of LSS and develop a mechanism to further improve the academic and administrative support services for distance learners.

Examining the Role of International Human Rights Tribunals in Promoting Accountability for Human Rights Violations

This study investigates the crucial role of international human rights courts in advancing accountability for human rights abuses. Its primary objective is to evaluate the effectiveness of these tribunals in holding accountable those — individuals, states, and non-state actors are to blame for major human rights violations. As part of the research methodology, relevant literature, case studies, and legal decisions from international human rights tribunals are thoroughly examined. The International Criminal Court (ICC), the International Court of Justice, and local human rights courts are all part of this. The scope of the investigation includes War crimes, genocide, and crimes against humanity, torture, and enforced disappearances. The findings underscore the substantial contribution made by international human rights courts in ensuring justice, truth-seeking, and redress for victims of human rights abuses. These tribunals have played a pivotal role in establishing legal precedents, clarifying the extent of human rights obligations, and fostering international cooperation to address impunity. The study also explores the challenges confronted by international human rights courts, including limited jurisdiction, enforcement capacity, and political opposition. Additionally, it examines potential synergies between international tribunals and national justice systems to strengthen accountability mechanisms at both the international and domestic levels. The findings of this study have significant implications for policymakers, individuals who advocate for human rights, and those who work in the legal field because they highlight the importance of a powerful and independent international human rights court in promoting accountability and providing justice for victims of human rights violations all over the world.

Navigating Judicial Conflict amidst Jurisdictional Expansion: Common Law Commercial Courts in Arab Civil Law Countries

Abstract In recent decades, jurisdictionally separate common law commercial courts have emerged alongside existing civil law judicial systems, particularly in the Middle East. Although these unique common law judicial outposts are creating complex jurisdictional dynamics with their local civil law counterparts, their existence is also inspiring innovative structural solutions and cultural interactions. Recent cases in Dubai and Qatar reveal that the originally intended limited jurisdiction of these common law courts is expanding beyond what Michael Hwang once famously termed ‘common law lakes in civil law oceans’. One of the ways in which common law courts are expanding their remit beyond the bounds of their financial centre ‘lakes’ is by making it easier for litigants to ‘opt in’ to the jurisdiction. Increasingly, an identity crisis has also gripped some of these courts as they now regularly accept and identify themselves as local ‘State courts’. From the perspective of these courts and their institutional credibility, the State court designation is positive for their growth and acceptance. Being a State court allows financial centre courts to capture litigation where contractual language has employed the State courts language in forum election clauses. This article explores the expansion of these international commercial courts and consequent or potential tensions with local judicial structures. Delicately managed, the expansion of jurisdiction of these common law ‘outposts’ can contribute to a legal synthesis influencing both law and legal cultures, including the broader judicial systems of host States. The experience of the two jurisdictions explored in this article is instructive for the future design of similar judicial instrumentalities in similar financial centre projects in other emerging economies.

“Doing What We Can with What We Have”: Examining the role of local government in poverty management during the COVID-19 pandemic

With the dawn of the COVID-19 pandemic and concern regarding the subsequent vulnerabilities of houseless populations, countries have sought to adapt and enhance emergency housing policies with a view of better protecting this population. Drawing on the poverty management perspective, this article focuses on local government and its role in managing houselessness during the COVID-19 pandemic. It achieves this by treating local council meetings as sites of problematization, in which the management of houselessness is rationalized and solutions negotiated. We transcribed local council meetings in Bristol, England and Edmonton, Canada, for an 18-month period from March 2020. Our analysis found that a common set of ‘problem spaces’ - systems, strategic opportunism and power - were evoked by municipal officials in both cities. Under the umbrella of ‘doing what we can’, local councils: conceptualized houselessness as complex and systemic; identified what does and does not work; discussed jurisdictional limitations and their impact; and defended new forms of accommodation. Significantly, despite the discursive desire to ‘build back better’, and a slightly rebalanced poverty management landscape in terms of care and control, local governments alone were unable to end houselessness within the post-COVID city.

Can green tribunals help to resist neo-liberalism in environmental governance – The case of India

Establishing the environmental rule of law has been identified as a precondition to achieving sustainable development. Increasingly however norms around environmental sustainability are being eroded by rising neoliberalism. Within countries, especially developing countries these trends are creating tensions for environmental policy-making that often require adjudication/judicial intervention. In this paper, we use the case of the National Green Tribunal (NGT), situated in a rising economy - India to understand how it operates amidst these tensions, restricting our analysis to pre-COVID-19 to minimise confounding effects of the pandemic. We find that the limited jurisdiction allows the NGT to continue to uphold the principles of environmental sustainability. The NGT is able to serve as an indicator of the kinds of environmental issues cropping up, deliver environmental justice and improve governance. However, there are visible tensions driven by the larger political economy of environmental policymaking in India that pose a significant systemic challenge to the effectiveness of the NGT. Given the resurgence of economic imperatives in post-pandemic policymaking, the NGT and other similar environmental courts/tribunals across the globe, need to draw on sources of strength established pre-pandemic to uphold environmental rule of law going forward.

Sovereign Immunity of Uncrewed Surveillance Vehicles and the Limits of Enforcement Jurisdiction

Abstract States have long trespassed on the territory of other States to carry out surveillance. However, new technologies are changing the stakes of these incursions: uncrewed aerial vehicles (uav s) and uncrewed maritime vehicles (umv s) used for surveillance can trespass in on foreign territory without risk to their operators. In addition, States appear to be more willing to capture or destroy trespassing uncrewed vehicles. This paper assesses whether these developments suggest there is a basis to denying trespassing uncrewed devices sovereign immunity from the enforcement jurisdiction of territorial States. It argues that while uncrewed devices (like other forms of military property used for non-commercial purposes) are entitled to sovereign immunity, they can lose that immunity through their conduct, including by trespassing on the territory of another State. This allows for the territorial State to exercise enforcement jurisdiction, including the use of force, over the uav or umv.

The Territorial Principle as a Basis for State Criminal Jurisdiction: Particularly with Regard to Cross-Border Offences and Attempts, and to Multiple Parties to an Offence Acting in Different Countries

Abstract The purpose of this article is to explore the scope of the territorial principle under (customary) international law, with a particular focus on cases of cross-border offences and attempts, and multiple parties to an offence acting in different countries. Our analysis will begin with an examination of the foundations and limits of state criminal jurisdiction and the territorial principle in general. In this context, we will also discuss the justification of this principle vis-à-vis other states and its relationship to other jurisdictional principles. In order to determine the pertinent contours of customary international law, we will use an approach that is both inductive and deductive, and, as such, involves the reporting on and analysis of relevant state practice.

The Territorial Principle as a Basis for State Criminal Jurisdiction: Particularly with Regard to Cross-Border Offences and Attempts, and to Multiple Parties to an Offence Acting in Different Countries

Abstract The purpose of this article is to explore the scope of the territorial principle under (customary) international law, with a particular focus on cases of cross-border offences and attempts, and multiple parties to an offence acting in different countries. Our analysis will begin with an examination of the foundations and limits of state criminal jurisdiction and the territorial principle in general. In this context, we will also discuss the justification of this principle vis-à-vis other states and its relationship to other jurisdictional principles. In order to determine the pertinent contours of customary international law, we will use an approach that is both inductive and deductive, and, as such, involves the reporting on and analysis of relevant state practice.