Legal Adoption Research Articles

E-Waste Management Rules 2022: Issues And Solution For Environmental Protection

An important global concern is the handling of electrical and electronic waste, particularly in India, a rapidly growing electronics market. The COVID-19 pandemic has accelerated demand and growth, with India contributing over two million tonne’s of its electronic waste every year. India produced 1.6 million tonne’s of e-waste in the fiscal 2021–22, ranking third in the world, however, only half a million tons was gathered and treated. As India transforms to a digital economy, and electric mobility, this number is anticipated to rise dramatically as a result of the rising usage of the electronic gadgets, solar panels, and electric automobiles. E-waste must be managed carefully because it contains dangerous materials that, if improperly handled or disposed of, are damaging “to the environment and human health.” In its 192nd Report on the “Functioning of the Central Pollution Control Board (CPCB), the Department of Parliamentary Standing Committee on Science, Technology, Environment, and Forests came to the conclusion that e-waste will become a significant issue in the future” due to modern lifestyles, rising living standards, and increased economic growth. In order to control e-waste and safeguard the environment in India, this article examines the problems and potential solutions. It also critically evaluates the recent legal adoption and effective execution “of the E-Waste (Management) Rules, 2022, which went into effect on April 1, 2023, These regulations mark the beginning of a new Extended Producer Responsibility (EPR) system for recycling e-waste.”

One Step Closer to Zero Chemical Pollution: The Legal Adoption and Implications of the Per- and Polyfluoroalkyl Substances Restriction Proposal

AbstractThis paper focuses on the legal adoption and possible implications of the proposed per- and polyfluoroalkyl substances (PFAS) restriction. In the case of PFAS, this restriction puts value on the regulatory efforts to implement far-reaching and ambitious targets amid a high level of scientific uncertainty. The purpose of this paper is to present a report rather than conducting an in-depth analysis of the mentioned field. Overall, the paper argues that such a daring decision might be justified by the precautionary principle. However, the implementation might raise opposition from the stakeholders’ side and might take longer than initially anticipated, most likely with additional derogations concerning essential goods that do not currently have safe alternatives.

Intercountry Adoption in Malaysia and Morocco: A New Frontier

Intercountry adoption offers a family-based care option for children in need of care and protection. It allows them to find loving and permanent homes outside their birth country, providing them with stability, support, and a sense of belonging essential for their well-being. The Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption 1993 (Hague Convention 1993) serves as the primary international legal instrument governing intercountry adoption. Despite its importance, intercountry adoption remains relatively uncommon in Malaysia, as the country lacks specific statutory provisions and is not a signatory to the Hague Convention 1993. The purpose of this study is to examine the current state of intercountry adoption in Malaysia and Morocco and explore the viability of intercountry adoption as a child protection measure. The study involves interviews with relevant departments and an examination of Malaysia's current adoption laws. Additionally, the study analyses the international legal framework, including the Hague Convention 1993 and the United Nations Convention on the Rights of the Child 1989 (UNCRC) to provide a comprehensive understanding of the context surrounding intercountry adoption. Furthermore, this paper offers a comparative analysis of Morocco's intercountry kafalah system, which recognises kafalah as an alternative to legal adoption based on Islamic law. The findings of this study will offer valuable insights and recommendations for enhancing Malaysia's approach to intercountry adoption. By considering best practices and international standards, this research seeks to ensure the well-being and protection of children in need of care and protection, promoting their access to a stable and nurturing family environment.

Rossiya-Evraziya: pravovoe zaimstvovanie evropejskih tradicij

In historical and legal retrospective, many issues in Russian law are just as relevant as its legacy transferred to the present. The problems of reception, legal adoption of the East-West geopolitical orientation, the ideological nature thatpermeates legal realities-for history of law, all of the above are not simply phenomena from specific eras of statehood, but characteristicfeatures of domestic legal reality from the distant past and to this day. In other words, it is a stable archetype inherent in a certain legal ethos, a type of legal relationship and legal consciousness formed in a specific space that has changed names and contours, but retained its main features, attributes, and identity.

Laboring to Conceive: Reducing Barriers to Fertility Care for Same-Sex Mothers Pursuing Parenthood

Infertility clinics and providers in the United States have made efforts to become LGBTQ-inclusive, yet patients in same-sex partnerships continue to face disproportionate barriers to accessing fertility services when pursuing parenthood. This narrative case study of a same-sex couple’s “labor to conceive” illustrates some of the structural barriers to family building that lesbian mothers face when seeking fertility care, including insurance coverage of fertility treatments, federal regulations for sperm donation, and legal definitions of parenthood. Exclusionary medical and legal systems are discussed, as are the informal strategies that this same-sex couple utilized to negotiate and circumvent these barriers. A patient-centered model of advocacy that facilitates access to and protection of same-sex partners seeking (in)fertility services is presented. Intervention points at the (1) Logistical and (2) Societal levels are considered with respect to three domains of same-sex reproduction: (A) insurance; (B) sperm donation; (C) legal adoption.

Transplantation, Legal Adoption, Harmonization of OMNIBUS LAW and Investment Law

The best way in an effort to manage investment is by transplanting, adopting laws, harmonization by making breakthroughs to existing regulations, such as in the case of implementing the Job Creation Law. The Omnibus Law offered by the government as a “practical and pragmatic” solution is a political and legal policy to cut various regulatory barriers, to simplify bureaucracy, to accelerate services, to increase efficiency, to increase competitiveness, and to prevent opportunities for corrupt behavior. The government must evaluate this law (Job Creation) where there is still overlap without regard to regulations. The statement of the problem in this scientific paper is why there is a conflict of interest and regulations that are not in accordance with the laws and regulations? As normative juridical research, this research is based on an analysis of legal norms. The Omnibus Law is a political product. In the process of its discussion, the law resulted from a political process. The government must evaluate this law (Job Creation) where in the process of making it there is still overlap without regard to regulations.

НЕКОТОРЫЕ ТЕОРЕТИКО-ПРАВОВЫЕ ВОПРОСЫ РЕЦЕПЦИИ ПУБЛИЧНОГО ПРАВА В НАЦИОНАЛЬНУЮ ПРАВОВУЮ СИСТЕМУ

The article analyzes the issues of the practice of legal adoption by the states of the post-socialist space of Western experience in the field of legal regulation, especially in the legal and public sphere, an attempt is made to analyze and generalize the various views of scientists about this legal phenomenon and its features. It is emphasized that despite the many definitions of this phenomenon, unfortunately, the theory of reception, adoptionof foreign experience in legal regulation has not yet been developed. The idea is argued that adoption someone else’s legal experience and methods of legal regulation is a very responsible and often quite risky process that requires a meaningful, scientific approach, and in-depth analysis and effective forecasting of its consequences. Based on the practice of modern legal development, the specifics of adoption, reception in the field of public law are analyzed, well-grounded proposals and recommendations are put forward to improve this process in Uzbekistan in the future.

Dapatkah Anak Indonesia Diadopsi oleh Orang Asing Ditinjau dari Aspek Hukum Perdata Internasional

International adoption of Indonesian child is a part of International Private Law matter, such as there was a case that is done by a white person who discovered by the police while taking 9 babies (one untul three months old) in the Airport of Kemayoran, Jakarta, which is suspected as babies trafficking. Or, there was the desire to do an Indonesian child legal adoption of wealthy Singaporean couple without knowing the procedure. The member of Babies trafficking fenomenont has been increasing since the economic crisis happened in July 1997 and the globalization era of free trade, where the border among States lessen (boarderless state). Due to the International Private Law, the writer tried to elaborate whether the Indonesian Child can be adopted by foreigners. If it is possible, which law may be used? Is it The Adoptant Law or the Adoptandus Law? If the Indonesian child may be adopted by the foreigners, what are the requirements? Considering the different law systems of international adoption between States, then how is the international community fort to handle the problem? And how does Indonesia handle this International Private Law problem?

Criminal procedural guarantees of the rights of persons in proceedings with mutual legal assistance and in the order of adoption

The article is devoted to the issues related to the implementation of criminal procedural guarantees in the provision / receipt of international legal assistance and adoption proceedings. Emphasis is placed on the fact that in the scientific doctrine there is no established definition of criminal procedural guarantees in the provision / receipt of international legal assistance and in the implementation of proceedings by the way of adoption. It is proposed to understand them as a set of legally established methods and means (general and special), which ensure the effective implementation of the tasks of criminal proceedings, as well as prevent violations of procedural rights of persons involved, as well as their fundamental rights, freedoms and legitimate interests. The position of scholars on the separation of the following constituent elements in the system of criminal procedural guarantees is supported: criminal procedural form; general principles of criminal proceedings; procedural status of a person; criminal procedural mechanism for exercising the rights of the subjects of the criminal proceedings related to the provision / receipt of international legal assistance and the transfer of proceedings from the competent authorities of a foreign state. The disclosure of the content of criminal procedural guarantees, which are implemented in the studied procedural forms of international cooperation in criminal proceedings is through the prism of these interconnected and interdependent elements

The Impact of Sustainability Awareness and Moral Values on Environmental Laws

We argue that environmental legislation and regulation of more developed countries reflects significantly their moral values, but in less developed countries it differs significantly from their moral values. We examined this topic by using the keywords “sustainability” and “sustainable development”, studying web pages and articles published between 1974 to 2018 in Web of Science, Scopus and Google. Australia, Zimbabwe, and Uganda were ranked as the top three countries in the number of Google searches for sustainability. The top five cities that appeared in sustainability searches through Google are all from Africa. In terms of academic publications, China, India, and Brazil record among the largest numbers of sustainability and sustainable development articles in Scopus. Six out of the ten top productive institutions publishing sustainable development articles indexed in Scopus were located in developing countries, indicating that developing countries are well aware of the issues surrounding sustainable development. Our results show that when environmental law reflects moral values for betterment, legal adoption is more likely to be successful, which usually happens in well-developed regions. In less-developed states, environmental law differs significantly from moral values, such that changes in moral values are necessary for successful legal implementation. Our study has important implications for the development of policies and cultures, together with the enforcement of environmental laws and regulations in all countries.

Editorial Introduction: Exploring policy diffusion, collaborative governance, and policy conflict

Editorial Introduction: Exploring policy diffusion, collaborative governance, and policy conflict

Conflicting Maps: How Legal Perspectives Could Minimize Zoning Cancellation in Republic of Korea

The purpose of this paper is to propose legal and policy enhancements that may prevent the cancellation of the legal force of zoning due to discord with the Korean Land Use Regulation Map (LURM) and secure legal stability. The legal force of zoning has been canceled because of the discordance of the LURM with past cadastral maps, and this has led to confusion regarding zoning decisions and even the postponement and cancellation of public projects. Here, the causes of LURM discordance and legal cancellation of zoning were identified and evaluated through judicial precedents. We found that improper use of data and adoption of tolerance caused the cancellations. To remedy these problems, we suggest the disclosure and application of cadastral computerized data instead of serial cadastral maps during LURM production activities to justify the legal adoption of allowable errors. We also recommend the widespread introduction of legal fiction for the rapid production of digital cadastral maps. Zoning cancellation could be minimized through such enhancements, and the map could allow people to visualize elements more conveniently. Moreover, this study aims to expand relevant legal mapping.

Fertility options in Mayer-Rokitansky-Küster-Hauser syndrome

Background: The Mayer-Rokitansky-Küster-Hauser (MRKH) syndrome is the most common cause of uterine aplasia, with a worldwide frequency of 1 in 4500 females. Although abundant literature is present regarding the different available methods for creating a neovagina in MRKH syndrome, the attention dedicated to these women’s reproductive potential remains insufficient. Methods: Online searches were carried out in PubMed database during November and December 2020. The search included a combination of the various terms (e.g., MRKH, vaginoplasty, uterus transplantation, infertility treatment, gestational surrogacy, etc.). The following inclusion criteria were used: (1) The articles should be written in English or French language. (2) The article should have been published by an official scientific organization. Results: Until few years ago, the only option for women with MRKH syndrome was legal adoption, now gestational surrogacy (GS) and uterine transplantation (UTx) have become new fertility options available to these patients. Discussion: GS is officially recognized in several countries and widely practiced. On the other hand, UTx, although the great recent technical improvements, is far from being an option for all women with MRKH syndrome secondary to its complexity and the necessary immunologic therapies.

Mere zaštite dece bez roditeljskog staranja

Foster care is the most important measure of the protection of the rights and interests of the children who have either been left without a parental care or have had certain developmental and behavioural disorders, and cannot live with their biological parents. In addition to a foster care as a measure of the protection of the children without a parental care, in a legal system of Republic of Serbia, there are some other institutes of a legal guardianship and adoption too. Foster care is most often associated with altruism and humanity of the people who have decided to be foster parents, and who had had these qualities even before that decision. Foster care in Republic of Serbia has had its ups and downs. The social crisis has also affected this institute, but the humanity that foster care carries in its nucleus and the fact of helping the helpless has always managed to ensure a foster care not to disappear from the legal regulations. By using the comparative, historical, analytical and descriptive method, the aim of this paper is to analyse a foster care as one of the measures of protecting the children without a parental care, as well as to indicate the current state of foster families in Republic of Serbia and the position of children in them.

EVLAT EDİNMEK İÇİN BAŞVURAN BİREYLERLE BİYOLOJİK ENGELLERİ OLMAMASINA RAĞMEN ANNE BABA OLMA İSTEĞİNE SAHİP OLMAYAN BİREYLERİN BAĞLANMA ŞEKLİ, MİZAÇ ÖZELLİKLERİ, DÜRTÜSELLİK VE RUHSAL DAYANIKLILIK YÖNÜNDEN KARŞILAŞTIRILMASI

Evlat edinme talebi olanlar ile çocuk sahibi olmayı düşünmediğini ifade eden bireyler bağlanma şekli, mizaç özellikleri, dürtüsellik ve ruhsal dayanıklılık özellikleri yönünden karşılaştırılmıştır. SBÜ Erenköy RSHH’ne “evlat edinmelerinde ruhsal açıdan sakınca bulunup bulunmadığı” sorulan 47 birey ve ebeveyn olma arzusuna sahip olmayan 46 bireyle çalışılmıştır. Katılımcılara sosyodemografik veri formu, TEMPS-A, Barratt Dürtüsellik Ölçeği Kısa Formu (BIS-11-KF), Yetişkinler İçin Psikolojik Dayanıklılık Ölçeği (YPDÖ) ve Yakın İlişkilerde Yaşantılar Envanteri–II (YIYE-II) uygulanmıştır.Evlat edinme talebi olanlarda hipertimik ; çocuk sahibi olmayı düşünmeyenlerdeyse depresif, irritabl ve anksiyöz mizaç özellikleri; evlat edinmek isteyen grupta güvenli bağlanma oranı ve ruhsal dayanıklılık puanları, çocuk sahibi olmak istemeyen grupta ise kaçınma ve kaygı oranları daha yüksekti. Evlat edinme isteği arttıkça dürtüselliğin azaldığı, ruhsal dayanıklılığınsa arttığı saptandı. Evlat edinme talebine sahip bireylerin güvenli bağlanma özellikleriyle ruhsal dayanıklılıklarının daha fazla olduğu görülmektedir. Bu hususta biyolojik, sosyal, psikolojik ve kültürel etkenlerin de değerlendirileceği çalışmalara ihtiyaç vardır.

Impact of Christianity and Ancestral Beliefs on Black South Africans’ Decision-Making Regarding the Adoption of Abandoned Children

Abstract Annually, hundreds of African infants are abandoned in South Africa and become adoptable because rigorous efforts to trace their parents and family members are unsuccessful. Although domestic adoption is prioritised in terms of legislation, policy and practice, most abandoned children’s right to be permanently raised in a loving family is not being realised. The most promising source of potential adopters is black South Africans, but the number of black adopters is ever declining. To investigate factors affecting black South African’s decision-making regarding the legal adoption of abandoned children, a post-graduate study was undertaken. Thirty-nine black adults participated in the study consisting of adopters, adoption applicants in the screening process, potential adopters that did not enter the screening process, adoption of social workers and citizens. The theory emerging derived from concurrent data gathering and analysis as set out by Corbin and Strauss is: ‘Tensions surrounding adoption policy and practice, and perceptions and experiences of adoption’. This article focuses on a main category of this grounded theory; that African ancestral beliefs and modern Christian beliefs can both reinforce and discourage adoption abandoned children.

SophieLewisFull Surrogacy Now: Feminism Against FamilyVerso Books, 2019. 224 p. £14.99

SophieLewisFull Surrogacy Now: Feminism Against FamilyVerso Books, 2019. 224 p. £14.99

Factors that Motivate African Women in South Africa to Depart from Kinship Care to Legal Adoption of Non-Kin Children

For hundreds of adoptable African babies in South Africa, their right to be permanently raised in a loving family environment is not being realised because there are an inadequate number of adopters. To help deal with this child welfare challenge, a study was conducted in South Africa to investigate what factors affect the decision-making processes of Africans regarding the legal adoption of non-kin children, because only a small number choose the legal adoption trajectory to parenthood. To acquire this knowledge, the grounded theory research method of Corbin and Strauss was implemented. Data were gathered by personally interviewing five different cohorts of African participants; most being women. It was found that African women usually decide to legally adopt non-kin children because their desire to mother permanently is not realised when engaging in kinship care. The four main reasons they turn to legal adoption of non-kin children are: (1) legal adoption offers security because it is a permanent childcare arrangement; (2) legal adoption provides a sense of “ownership” because the adopter acquires full parental rights and responsibilities for raising the adopted child; (3) once accepting infertility, legal adoption can ease the psycho-emotional pain of infertility; and (4) the desire to nurture an infant can be realised through legal adoption. Recommendations for practice and future research regarding this phenomenon are discussed.

Bridging the Gap: Understanding the Trends in Indian Legal Education from Recent Developments

The constitutional mandate of legal aid provides Indian law schools a unique opportunity to achieve the social justice mission of legal education. Taking cue from such holistic vision, Indian legal education aims to provide a fair, effective and accessible legal system to its citizens. Having said this, the euphoria of ideal legal education remains a distant dream with continuous declining standards in legal education impartation. There appear efforts to correct such decline, which led to the introduction of clinical legal education (CLE) as a mandatory component in the law school curriculum by way of mandatory practical papers. Also, the modern approach to legal education demands adoption of local circumstances while implementing ‘broadly shared aspirations’ and ‘goals of global level’. In this regard, this article covers three recent activities, which if clubbed together present wider scenes pertaining to the state of legal education and reforms in India. On a collective reading of all three events, this article argues for introducing continuing legal education (CLE) in India.

REVISITING THE HUMAN RIGHT TO WATER IN CONTEMPORARY INTERNATIONAL LAW

The right to water has passed through many steps until it has received a full legal adoption in the international human rights law and international water law. However, there are many parties which feel that the right to water should not stand on its own as it complicates the present legal framework for international human rights. This paper examined, based on qualitative research approach, several impediments in legislating water as a human right within the purview of relevant international human rights conventions, taking into account the United Nations (UN) Agenda 2030 for Sustainable Development Goals No. 3: Good Health and Well-being and Goal No. 6: Clean Water and Sanitation. The study indicates that human rights notions have been gaining influential rule in international water law, notably human right to water, which has been recognized by the UN General Assembly and the Human Rights Council (HRC). This study however concludes that despite efforts to deny the legal basis of the right to water as one of the soft law, this right remains as a basic human right and should be respected by all countries.