Areas Of Law Research Articles

Space Debris: A Basis for Actively Removing Objects Under an International Legal Order

With over 500,000 objects in orbit, space pollution has now become a scientific, legal, and ethical issue and raises concerns on what the international community can do through existing ‘hard law’ and the development of ‘soft law’ to help tackle the problem. The purpose of this paper is to examine whether the application of the evolutionary principle of treaty interpretation to the Outer Space Treaty, enables for active removal of space debris in a manner consistent with space governance and which is acceptable to private corporations and States. Active Debris Removal (ADR) has only been used in specific circumstances which successfully removed an object. International law has hindered the process of mass removal of space debris, as objects cannot be removed without the consent of the relevant state. Therefore, this paper will consider whether customary international law and current state practice in analogous areas of international law, would allow or could develop to enable, the removal of an object from space without the need for consent of the launching state. Such an application will form a rigorous approach and introduction of space governance through an international multinational space agency approach for mutual agreement and cooperation without the need for an international treaty or political declaration. Such a principle, although not a new concept in areas such as international environmental law, would be new for international space law. However, as new and innovative activities are planned under the umbrella of the Outer Space Treaty, and by extension, general international law, it is wise to take a new and innovative approach to space law. Moreover, this paper aims at using maritime, environmental and international rules of responsibility to argue that the removal of objects in outer space does not need consent. This will be backed by an evolutionary approach to the interpretation of the Outer Space Treaty. This paper will make a unique and forward-looking legal and governance argument that will test not only the use of international law but also science, technology and political will.

Evolution of regulatory act in the system of sources of law of Ukraine of the IX - XIX centuries

Taking into account the achievements of modern domestic historiography, the evolution of the normative legal act in the system of sources of law of Ukraine from the appearance to the approval as the main source is covered. The historical and legal analysis of sources of law and their ratio at different stages of development is carried out. Particular attention is paid to the materials of codifications and compliance of historical analogues with the modern classification of sources of law. The purpose of the study was to identify the general patterns of its development and features that have been formed historically and have influenced the further development of the legal act in Ukraine. I t is concluded that the legal act is gradually becoming the main source of law in Ukraine since the XVI century. For a long time, the normative legal act developed in close connection with legal custom. Certain aspects of civil law remained unresolved, leading to the formal recognition of customary law in rural areas throughout the period. At an early stage, the normative legal act was formed under the influence of the Byzantine legal tradition, from the XVI century was influenced by the Roman legal tradition in its Western European version and from the XVIII century was in the sphere of influence of the Russian legal tradition. Its main features were: the influence of customary law, the influence of different legal traditions and legal systems of state entities, which included the Ukrainian lands in certain periods, confusion, cumbersomeness and sometimes divergence from practice.

Executive policy development and constitutional norms: Practice and perceptions

Abstract Much of the day-to-day work of implementing constitutional law falls to the executive actors. Ministers, policy advisers, public servants, government agencies, government lawyers, and legislative draftspersons develop public policy and legislation within the shadow of the constitution. The first contribution of this article is to advance a normative model to guide the work of these actors. It accepts the primacy of judicial review, but nonetheless supposes significant space for the other branches of government to engage normatively with the constitution. In particular, we argue that areas of constitutional “uncertainty” present the executive with space for particularly lively engagement with the constitution. In these spaces, the executive should have institutional confidence to engage more autonomously with constitutional norms. In such areas, the executive should consider, with appropriate weight, the risk of breach of constitutional norms together with other legitimate influences on policy development, consistent with the executive branch’s institutional mandate. We also argue that key to this understanding of the relationship between the executive, the judiciary, and constitutional norms is one particular, pivotal actor: the government lawyer. The second contribution of this article is its empirically informed study of the constitutional understanding and practice of executive officers. We find considerable evidence of careful executive deliberation in areas of constitutional uncertainty. However, perhaps paradoxically, we also see instances of executive over-cautiousness. Other interviews reveal evidence of constitutional recklessness in the development of new law and policy in areas of constitutional uncertainty. In either of these instances—over-caution or recklessness—we argue executive engagement with constitutional norms is sub-optimal.

Problems of development of state control and supervision in the context of legislative reform

The subject. The system of state control and supervision in the Russian Federation was chosen as the subject of research. The relevance of the article is due to the need to find a balance between improving the level of law and security in various areas of business and reducing administrative pressure on business entities during control and supervisory activities. The purpose of the article is the goal is to substantiate the scientific hypothesis that the existing system of state control and supervision in Russia needs further improvement despite the performing legislative reform. The methodological basis for the study: general scientific methods (analysis, synthesis, comparison, description) as well as legal interpretation of legislative acts and drafts. Results, scope of application. The correlation of the terms "control" and "supervision" is defined, the stages of development of these institutions are highlighted, and he directions for improving the control and supervision activities of the state are outlined. Analysis of the features of legislative regulation of state control and supervision allowed us to identify three stages of its formation. Currently, the third stage of the control and supervision reform is being implemented in Russia. Analysis of the new Federal law "On state control (supervision) and municipal control in the Russian Federation" made it possible to note that this act has some obvious advantages in comparison to Law No. 294-FZ: the extension of the scope of the risk-based approach, clear regulation of all control activities, avoiding monopoly inspections as the main tool of control and supervision, use of preventive approach rather than punitive approach. Conclusions. It is concluded that the new Federal law "On state control (supervision) and municipal control in the Russian Federation" provides for the development of a risk-based approach in the implementation of control and supervision activities, as well as a number of other innovations that can, if being properly implemented, reduce the administrative burden on economic entities, change the punitive direction of the control activities to a preventive one. At the same time, the problem of unification of the conceptual apparatus in this area remains unresolved.

Portugal has had in the last months several changes in Labour Law in different areas

I - The increase in the minimum wage In January 2020 the minimum wage was increased to 635 euros per month, and it was implemented on 1 January 2020 by Decree-Law no. 167/2019 of 21 November. The aim of the new Government is to reach 750 Euros in 2023. Article 273, no. 1, of Portuguese Labour Code guarantees all employees a minimum monthly wage, to be annually established by specific legislation, following consultation of the social partners because this topic requires a binding opinion by th...

Kaleidoscopic Data-Related Enforcement in the Digital Age

The interplay between competition, consumer and data protection law, when applied to data collection and processing practices, may lead to situations where several competent authorities can, independently, carry out enforcement actions against the same practice, or where an authority competent to carry out enforcement in one area of law can borrow the concepts of another area to advance its own goals. The authors call this “kaleidoscopic enforcement”. Kaleidoscopic enforcement may undermine existing coordination mechanisms within specific areas, and may lead to both the incoherent enforcement of EU rules applicable to data, and to sub-optimal enforcement. An EU level binding inter-disciplinary coordination mechanism between competition, consumer and data protection authorities is needed. Now the Commission has announced ambitious plans to enhance the coherent application of EU law in several areas, it is the perfect time to work towards creating such an enforcement mechanism.

Kaleidoscopic data-related enforcement in the digital age

The interplay between competition, consumer and data protection law, when applied to data collection and processing practices, may lead to situations where several competent authorities can, independently, carry out enforcement actions against the same practice, or where an authority competent to carry out enforcement in one area of law can borrow the concepts of another area to advance its own goals. The authors call this “kaleidoscopic enforcement”. Kaleidoscopic enforcement may undermine existing coordination mechanisms within specific areas, and may lead to both the incoherent enforcement of EU rules applicable to data, and to sub-optimal enforcement. An EU level binding inter-disciplinary coordination mechanism between competition, consumer and data protection authorities is needed. Now the Commission has announced ambitious plans to enhance the coherent application of EU law in several areas, it is the perfect time to work towards creating such an enforcement mechanism.

Not just a walk in the woods? Exploring the impact of individual characteristics and changing job roles on stress among conservation officers

ABSTRACT Research relating to police stress has typically focused on officers working in urban areas, neglecting their rural counterparts. This is especially true of conservation officers, who are tasked with enforcing laws in state parks and other recreational areas. To date, only a handful of studies have sought to better understand their experiences and perceptions. This is problematic due to the fact that these officers face unique duty-related stressors and are increasingly tasked with performing more general law enforcement duties (e.g., drug enforcement, serving warrants). The current study seeks to further our understanding of the topic using survey data gathered from 346 conservation officers spread across six states. Specifically, it assesses whether officer characteristics (e.g., age, education, length of service) and frequency of performing traditional law enforcement duties influence perceived stress. Results of the multivariate analyses indicate that higher levels of education, longer tenures in the field, and a higher frequency of performing traditional duties all serve to increase officer stress. The implications of these finding for conservation agencies and their officers are discussed.

Time Series Effect on Surface Deformation above Goaf Area with Multiple-Seam Mining

The surface subsidence caused by coal mining is a large area, and computer simulation is a fast and intuitive method, which can help us understand the macroscopic subsidence law. The mined-out area left over by coal mining is not disposed of appropriately for a long time. Thus, it can easily cause ground subsidence, collapse, or spot cracking, especially when mining multiple coal seams, which seriously restricts the construction and safety of the near-surface rock and soil layers. Based on the engineering background of five-layer coal mining in the Beibu Coal Mine of Laiwu City, a “Fast Lagrangian Analysis of Continua in 3D” numerical calculation model was established. The model was used to analyze the surface deformation indexes of four groups with different mining sequences in multiple coal seams, revealing the sequence effects of mining time on the surface deformation law in the goaf collapse areas, hence obtaining optimal mining sequences. The results showed that the four groups of mining sequences (including vertical settlement and horizontal deformation) have stable surface deformation centers, but the deformation ranges and amounts are quite different. The settlement deformation is the main difference. Mining sequence I has the largest deformation of 62.7 cm, followed by mining sequence III. Mining sequences II and IV are basically the same, at only 22% of the value of mining sequence 1. A multi-index analysis of the surface deformation curve including the inflection point, stagnation point, and slope showed that the larger the surface deformation, the more evident the change of the curve (concave or convex) and slope, the more uneven the foundation stress, the more severe the damage to the surface structures, and the less suitable the surface construction. Finally, upon analyzing the indicators of surface stability and adaptability, mining sequence IV was indicated as the optimal scheme. It is suggested that an optimal mining sequence should be appropriately selected before the mining of multiple coal seams. The research results can provide effective guidance for addressing surface deformations under similar geological conditions, and can provide scientific evaluations for the safety and stability of surface buildings and structures, leading to considerable economic and social benefits.

PERSEPSI WARIS MASYARAKAT TRANSMIGRASI DI KAMPUNG ARSO VII KABUPATEN KEEROM PROPINSI PAPUA PERSPEKTIF HUKUM WARIS ISLAM

AbstractThis research examines the perception of inheritance law in the transmigration community. Given that in social life, transmigration communities are multicultural, consisting of various ethnic groups and their respective cultural patterns, which come from their place, environment and social conditions of origin. Including the issue of inheritance law in the transmigration area which has its own uniqueness. The purpose of this research is to obtain information related to people's perceptions of inheritance law that applies in accordance with the customs and traditions of society. This study used a descriptive qualitative method, with a sociological approach to the perception of the transmigration community. The results of the research conducted, it can be concluded that the public perception of inheritance, namely assets that are distributed before the heir dies by means of deliberation to obtain consensus which is witnessed by the family and divided by appointment of inheritance to the heirs.Keywords: Inheritance Law; Transmigration Community; Inheritance Perception.

Heterogeneity of Japanese Names

The size distributions of persons’ names, i.e., how many people share a certain name, obeys Zipf’s law in various countries or areas. There is, however, a regionality for each country or area, and ...

Letter by Maureen K. Ohlhausen to House Subcommittee on Antitrust

This letter analyzes the current state of antitrust law in the areas of mergers and conduct and the resources of the US antitrust agencies. It urges a continued focus on competition and consumer benefits, rather than the pursuit of other goals or prohibitions unrelated to competitive effects, and urges Congress to provide additional resources to the enforcement agencies.

Ethical and Legal Perspective on Germ-line Gene therapy

When humans discovered the code of life- DNA (deoxyribonucleic acid), a complex molecule that guides the growth, development function and reproduction of everything alive, new frontiers of possibilities opened to us. Information is encoded in the structure of this molecule. Four nucleotides are paired and make up a code that carries instructions. As soon as DNA was discovered, people tried to tinker with it. In the 1990s, there was a brief foray into human engineering. To treat maternal infertility, babies were made to carry genetic information from three humans making them the first humans ever to have three genetic parents. Today, there are super muscled pigs, fast growing salmon, featherless chickens and see through frogs. On the fun side, there are also glow in the dark Fluorescent Zebra fish available for as little as ten dollars in the US. This is impressive but until recently, gene editing was expensive, complicated and took a long time to do. This has now changed with a revolutionary new technology, CRISPR (Clustered Regularly Interspaced Short Palindromic Repeats). Overnight the cost of engineering shrunk by 99%. Instead of a year, it takes few weeks to conduct an experiment and basically, everybody with a lab can do it. It’s hard to get across how big of a technical revolution CRISPR is. It literally has the potential to change humanity forever, for example; ending disease, designer babies, eternal youth along with super strength, undefeatable army etc. Scenarios like these are far off into the future if they ever become possible at all but they are not impossible. While this may be a tempting reason to ban genetic engineering, it would certainly be a mistake. Banning human genetic engineering would only lead science wandering off to a place and jurisdiction we’re uncomfortable with. Only by responsibly participating can we make sure that further research is guided by precaution, reason, oversight and transparency. By gaining a legal insight into the ramifications of such rapid scientific and technological developments and its potential, we as a society will be able to better secure and control it in alignment with legal understanding. Law provides a torch that sheds ideal light on several aspects and nuances that come with the application of modified knowledge in the field of biotechnology, both internationally and nationally with the aim to prevent its misuse and protect and promote the rights of an individual as well as the collective society. And therefore, this thesis aims to explore the various angles of the relationship of biotechnology (germ-line gene therapy) with law in several areas. Two minutes of thought would lead to recognition of myriad issues that one may experience in harmonizing such advances and adjusting them on the lives of individuals and productively using them as a society without breaching unauthorized territory. Ethical, moral, religious and legal perspectives have been covered in the following chapters.

Design of 3D Simulation System for Natural Ignition Law in Gob Area of Multi-source and Multi-sink

In order to comprehend the law of spontaneous combustion in “multi-source and multi-sink” goaf of coal mine, and to provide the basis for the prediction of early fire in goaf, the division of three zones of spontaneous combustion in goaf and the formulation of technical measures for fire prevention and extinguishing, a three-dimensional simulation system of spontaneous combustion law in goaf of “multi-source and multi-sink” coal mine is designed in this paper. The system uses energy conservation equation, Fick‘s law and mass conservation law to establish multi-source and multi-sink goaf flow field, oxygen concentration field, gas temperature field and caving coal and rock temperature field coupled mathematical model. The model is solved and programmed by using VB language mathematical model, which realizes the visual display of simulation results. The system is used to simulate the II929 mined-out area of Luling Mine, and good application results are obtained. The system has good operability and improves the calculation efficiency. It provides theoretical support for the prevention and control of spontaneous combustion in goaf of “multi-source and multi-sink” working face.

EXECUTIVE INFORMATION SYSTEM (EIS) UNTUK MONITOR TINGKAT KEJAHATAN DI LAUT INDONESIA

The marine security agency or called Bakamla is an institution that has the duty to carry out safeguards, supervision, prevention and enforcement of violations of law in the Indonesian sea area. Bakamla has a strategic role in safeguarding Indonesia's sea sovereignty, therefore Bakamla requires an Executive Information System (EIS) to be able to access data and information, so that problems can be identified, exploration of solutions, and become the basis for strategic marine security planning processes. The purpose of this study is to build an EIS prototype to monitor crime rates in the sea of Indonesia, this application was built with the waterfall method which is a sequential process design which in the process looks like a waterfall flow from the concept design process, project identification, analysis, design, coding, testing, implementation and maintenance. The EIS that was built has been able to integrate internal and external data with report output that is useful for managers and executives to find the best solution to crime in the Indonesian sea. The results of the EIS report on violations throughout 2016 in the Indonesian sea are: the western region is 165 crimes, the middle region is 118 crimes and the eastern region is 64 crimes. The crimes that occurred in the Indonesian sea were recorded by EIS based on the type of crime, where they occurred, the perpetrators and the state's losses due to the crime. With this EIS Bakamla easily made strategic decisions to minimize crime in the Indonesian sea.

Competência da justiça militar no código penal militar

O presente artigo analisa as competências da Justiça militar, de acordo com o Código Penal Militar, identificando a sua aplicabilidade. Sabe-se que a lei militar é aquela que determina direitos e deveres dos militares, distinguindo-se do Código Penal Comum. Surge a necessidade de refletir sobre o Direito Penal na área militar, verificando quais são os crimes militares e como é realizado o procedimento de investigação e de aplicação da pena, nesses casos. O direito penal militar pode ser entendido como um conjunto de normas que elencam os crimes militares, bem como as penas aplicadas para assegurar o bem estar e a ordem jurídica da instituição. Através de pesquisa bibliográfica, busca-se compreender como a justiça militar atua no Brasil. Com a Lei nº 13.491 de 13 de outubro de 2017, houve a ampliação dos crimes militares. Daí a importância de compreender e estudar a competência da Justiça Militar e o que diz o Código Penal Militar sobre a temática.

Human Rights and Private International Law in the Family Law Area

This issue of Oslo Law Review publishes some of the papers that were presented at a conference entitled ‘Human rights and private international law in the family law area’ that I organised at the University of Oslo on 7–8 November 2018. The contributors met again for a writer’s workshop at the University of Oslo in March 2019.

Human Rights and Private International Law in the Family Law Area

Human Rights and Private International Law in the Family Law Area

TO THE ANALYSIS OF CERTAIN ELEMENTS OF CRIMINAL CHARACTERISTICS OF ILLEGAL MEDICAL ACTIVITY

The urgency of the outlined issues for Ukraine is growing primarily in the context of the reform processes of the health care system of Ukraine and the current criminal legislation. In general, the analysis of the scientific literature shows that the debatable issues regarding the application of the law on criminal liability for illegal medical activities are still unambiguously resolved, which negatively affects law enforcement practice, and therefore requires comprehensive study and development of proposals to improve criminal law in this area. Despite the huge number of examples of illegal medical activities in Ukraine, the issues related to the forensic characterization of these criminal offenses are quite complex in nature, as these criminal offenses have a high level of latency and insufficient functional certainty of prosecution. The article considers some elements of the forensic characteristics of illegal medical activities. forensic characterization of illegal medical activity should be considered as a model of information on forensic evidence of a criminal offense, due to forensic research and practice of the prosecution, which aims to ensure an effective process of its investigation in case of lack of data - circumstances to be established. It is noted that the components of the forensic characteristics are: the method of committing a criminal offense; the circumstances, time and place of the crime; tools and means of committing a criminal offense; trace picture; the identity of the offender and the identity of the victim as interrelated and interdependent elements. It is concluded that in order to avoid illegal medical activity it is necessary: first, to establish by law a body that would control the implementation of medical activities and conduct investigations in accordance with the provisions of the Criminal Procedure Code of Ukraine on crimes against life and health. which is responsible for medical activities; secondly, to hold a series of lectures, seminars, meetings with the public and try to convince them that illegal medical activities can lead to serious consequences; thirdly, to legislate normative legal acts or amend the Criminal Code of Ukraine to establish tougher sanctions against entities engaged in illegal medical activities.

Sleeping Dogs: The Restatement (Fourth) and International Humanitarian Law

Over the past two decades, important new rules regulating the conduct of armed conflict have emerged from domestic judicial decisions in several states, including the United States. Courts produced decisions about how to characterize a state’s extra-territorial armed conflicts against non-state actors; who a state lawfully may detain or target during those conflicts; the detention review processes a state must conduct; and what restrictions should attach to detainee transfers. We might term this case law “domestic humanitarian law” (or “DHL”). DHL offered a way to develop international humanitarian law in the absence of new international negotiations. U.S. courts were a major player in this undertaking. The decisions they produced, and the congressional and executive reactions to those decisions, fall squarely within what we think of as U.S. foreign relations law. Notwithstanding the stated interest by the Restatement (Fourth) of Foreign Relations Law’s reporters in updating the Restatement (Third) to better reflect major geopolitical changes since 1987, however, and notwithstanding the fact that DHL is a new, plentiful, and important reflection of those changes, there seems to be an unspoken consensus that DHL would be a poor subject for the Restatement (Fourth) to take up. This chapter considers why this is the case and what it says about U.S. “war on terror” jurisprudence. The chapter first describes basic developments in U.S. “DHL” since the September 11 attacks and shows why this jurisprudence theoretically would fit squarely into a Restatement (Fourth). It then explores why there is no enthusiasm for including the topic in a future Restatement, even from groups whom we might expect to support such an idea. It focuses on academics who support broad executive power, academics who emphasize the importance of U.S. compliance with international law, and officials in the executive branch, including lawyers in the State, Defense, and Justice Departments. Substantively, it surveys why each group may have unique reasons to resist the inclusion of DHL in a Restatement, and why all three groups may share general, strategic reasons to resist. It concludes that this pessimism reflects dissatisfaction from virtually all quarters about the state of U.S. law in this area, even from those actors who ostensibly “won” their cases.