Legal Framework Research Articles

Artisanal and small-scale gold mining and biodiversity: a global literature review.

Artisanal and small-scale gold mining (ASGM) is crucial to the livelihoods of close to 20 million people in over 80 countries, including 4-5 million women, mainly in rural areas with limited alternative economic prospects, particularly in developing countries. ASGM is largely informal, which can add to the challenge of addressing negative social and environmental effects including impacts on biodiversity. However, with proper guidance, ASGM can operate in a responsible manner, using cleaner production methods that minimize impacts on human health and the environment. This study presents and analyzes the interactions between ASGM and biodiversity based on new findings from 27 ASGM National Action Plans (NAPs) developed within the framework of Article 7 and Annex C of the Minamata Convention on Mercury, as well as a global literature review of more than 100 publications. In terms of key findings according to the literature reviewed, alongside other human occupation such as agriculture and industrial activities, ASGM also has an impact on the environment and biodiversity. The interrelationship between ASGM and biodiversity, including protected areas, is pervasive at every stage of ASGM operations, from extraction to mine closure, and generates significant impacts on the surrounding ecosystems. These impacts include, in descending order of most reported impacts: deforestation, soil degradation, chemical contamination of aquatic and terrestrial systems, and changes to the turbidity of watercourses. Tropical regions and key species such as amphibians and freshwater fish are among the most affected. Singly or combined, these environmental stressors lead to loss or deterioration of habitat and, by extension, indigenous biodiversity and ecosystem services. In addition, legal, institutional, and regulatory frameworks and related measures, inadequate or non-existent in some cases, may not necessarily support sustainable practices, often resulting in exploited sites abandoned without remediation, reclamation, rehabilitation, or restoration measures. To mitigate such impacts a key recommendation arising from the literature review is to strengthen the integration of the interrelationship between ASGM and biodiversity in the implementation of existing relevant national strategies, including those developed under the NAPs. The global literature review also highlights the importance of a multi-stakeholder, systemic approach combining the use of geospatial analysis, scientific and local knowledge, as well as the adaptation of the relevant frameworks, capacity building, and awareness raising. This approach can inform decision making with a view to developing sustainable initiatives that prevent and reduce the impacts of artisanal and small-scale gold mining on ecosystems, and that preserve biodiversity.

Strengthening the Legal Framework of Protected Areas in the Amazon to Combat Climate Change

Strengthening the Legal Framework of Protected Areas in the Amazon to Combat Climate Change

Coping with unforeseen circumstances: the COVID-19 crisis and bus contract renegotiation in Sweden

AbstractIn principle, competitively tendered contracts in Swedish public bus transport are not supposed to be renegotiated during the contract period. In practice, it happens quite frequently. The need for renegotiations became evident during the COVID-19 crisis. This external shock to the system was unusually strong. Demand for bus services dropped abruptly, affecting revenues of procuring authorities and, depending on contract type, also bus operators. To make the situation even worse, costs typically remained constant, as frequent services were supposed to be upheld to avoid the spreading of the virus in crowded buses. Contract renegotiations during the COVID-19 crisis were clearly caused by unexpected exogenous events. Contracts with passenger incentives, linking a substantial part of compensation to the number of passengers, have been more likely to be renegotiated than gross-cost contracts, which were easier to adjust to the drop in demand. Typically, renegotiations were triggered by operators. While being a pragmatically rational response to an extreme situation, the renegotiations and their outcome may not in all cases have been compliant with the legal framework for public procurements, even when taking into account the exemptions made possible by the framework. In cases where passenger incentive contracts have been transformed into gross-cost contracts it could be argued that the nature of the contract has been changed. A new tender should then probably have been performed instead, although this has not been tried in court. The COVID-19 crisis could have long-term impact on contracts and procurements in the industry, affecting how effective competition will be in future tenders. For now, gross-cost contracts seem to be the norm, and it is possible that passenger-incentive contracts will become less common overall. One way to handle unexpected events with profound impact could be to include so-called threat-points that trigger renegotiation of a contract.

Artificial Intelligence, data protection and medical device regulations: squaring the circle with a historical perspective in Europe

Abstract Purpose This manuscript presents a parallel among important EU legal frameworks, such as the Medical Device Regulations and General Data Protection Regulation and economic-historical challenges faced by European citizens. This parallel offers a prospective for understanding the direction taken by policymakers for forthcoming regulations, such as the European Health Data Space and the AI-Act. Method The paper describes key commonalities and differences among those regulations, which may help scholars working with AI in medicine, navigating this articulated legal framework. Results The European Union journey started with the European Coal and Steel Community, enforced after the WWII for nurturing European physical reconstruction and as a mean for peacekeeping: without coil it was not possible to transform steel, and with shared control of steel it was not possible for individual member states to build war weapons. Conclusions In this century, modern coal are data and modern steel is the AI, which is a crucial enabler for European economy growth and competitiveness, and, potentially, a powerful war weapon. Ensuring a fair data-sharing and correct use of AI is crucial for sustainable development, peace, and democracy in Europe and beyond.

Diversity and inclusion in the workplace: a conceptual framework comparing the USA and Nigeria

This paper offers a comparative conceptual analysis of diversity and inclusion practices within workplaces in the United States and Nigeria, elucidating the influence of cultural, economic, and legislative factors on these practices. Leveraging an extensive review of existing literature, this study examines the state of diversity and inclusion within corporate settings, identifying pivotal trends, challenges, and opportunities in both countries. The objective is to uncover how diverse societal norms and legislative backgrounds contribute to the shaping of workplace diversity and inclusion initiatives, highlighting the disparities and similarities in their execution and outcomes. The analysis reveals that while both nations acknowledge the value of diversity and inclusion for enhancing organizational performance and innovation, their approaches diverge significantly due to differing cultural imperatives and legal frameworks. In the USA, a robust legal framework and societal pressure towards equality propel sophisticated diversity and inclusion strategies. Conversely, in Nigeria, the evolution of such practices is more gradual, largely influenced by evolving societal norms and an increasing recognition of the economic imperatives for diversity. The paper concludes by presenting a conceptual framework that maps out the critical influences on diversity and inclusion practices in the workplace across both settings. This framework aims to serve as a foundational guide for future research, policy formulation, and practice, offering insights into the optimization of diversity and inclusion strategies in varying socio-economic and cultural contexts. Keywords:  Diversity and Inclusion (D&I), Workplace Diversity, Organizational Culture, Unconscious Bias, Leadership Commitment, Inclusive Policies, Employee Engagement, Globalization, Technological Advancements, Intersectionality, Cultural Competence, Strategic Initiatives, Continuous Learning, Data-Driven Insights, Employee Resource Groups (ERGs).

Research on Cross-International Business Operation and Management Strategies of Enterprises

As globalization accelerates, the corporate realm finds itself amidst an unprecedented international business landscape. Conventional marketing paradigms and management strategies falter in such rapidly shifting environments, presenting both challenges and opportunities for multinational operations. This discourse delves into the myriad challenges facing multinational corporations, such as policy risks, legal framework disparities, cultural differentials, economic and monetary policy uncertainties, and disparate rates of technological advancement. Moreover, the article conducts a profound analysis of theories pertaining to international business and multinational management, cultural variance theories, as well as strategic management theories, with the aim of furnishing a robust theoretical foundation for multinational operations and management. Beyond mere theoretical exploration, this article also endeavors to elucidate various successful strategies in multinational operations and management, encompassing market entry strategies, marketing strategies, human resources management strategies, and financial and risk management strategies, in order to furnish enterprises engaging in international markets with reliable guidance and successful paradigms, thus encouraging the realization of both social value and commercial interests in tandem.

Legal Frameworks for the Assessment of Agricultural Lands

This study examines the legal frameworks governing the assessment of agricultural lands, focusing on the challenges and implications of existing regulations and suggesting improvements for more effective land management. Assessing agricultural land is crucial for determining its value, taxation, and eligibility for government subsidies, which directly impacts agricultural productivity and sustainability.The research methodology involves a comparative analysis of legislation in different jurisdictions, highlighting best practices and identifying gaps in current legal frameworks. Through this analysis, the study addresses how legal provisions align with the practical needs of agricultural development and land conservation, as well as discussing the impact of these laws on farmers, landowners, and the broader economic landscape.Key findings reveal that many existing laws are outdated and do not adequately accommodate modern agricultural practices or the challenges posed by climate change. The study also identifies a lack of consistency in the application of these laws, leading to disparities in land assessment and management across regions.Recommendations include integrating advanced geographic information systems (GIS) for more precise land valuation, adopting environmentally sustainable practices in legal criteria, and enhancing legal clarity to reduce administrative burdens on landowners.This research is intended for policymakers, legal experts, and stakeholders in the agricultural sector. It provides a comprehensive overview of the legal issues surrounding agricultural land assessment and proposes actionable solutions to enhance the effectiveness of these legal frameworks. By reforming agricultural land assessment laws, countries can better support their agricultural sectors, promoting economic stability and sustainable development.

Digital Financial Assets: Concept and Legal Nature

Tokens and other digital technologies, in essence, can be considered neither property nor objects of civil law, nor are they inherently a part of civil rights per se. These technical solutions acquire a corresponding legal status only when they become an object of such legal relations. When this occurs, they are considered digital assets and are consequently subject to legal regulations. The legal nature of tokens is amatter of much dispute: some define them as objects of civil law, while others view them as a means to confirm the rights to a legal object. This article aims to prove that tokens can serve both functions. In most cases, tokens serve as a means of confirming rights to certain tangible objects (for instance, tokens as a means to secure civil rights). In this function, tokens for cryptocurrencies and digital securities, however, become legal objects in and of themselves because they play a part in legal relations (that is, tokens serve as a legal object). Tokens can be objects of absolute and relative rights. The common law doctrine treats an absolute right to cryptocurrencies and digital securities as a property right. Continental law, on the contrary, cannot include them in the property rights category since property within this legal framework is always tangible. Digital assets, however, are intangible. Therefore, they are not property. This article suggests that digital assets are objects of a new absolute right that is similar to property rights, except for one distinction: an object is not necessarily a thing. Based on the authors’ concept, this new right can be referred to as an absolute digital right.

Live Streaming of Court Proceedings in India: A Step Towards Strengthening the Access to a Transparent and an Accountable Judiciary

Objectives: The objective of this research is to analyze the efficacy of the adoption of Court Proceedings’ Live Streaming in India as a means to strengthen access to a transparent and accountable Judiciary. The research also aims to examine existing global frameworks concerning court proceedings’ live streaming.   Methods: This research utilizes a comprehensive analysis approach, examining the implementation and impact of Court Proceedings’ Live Streaming in India and globally. It involves reviewing existing literature, legal frameworks, and case studies to understand the various dimensions and implications of live streaming in the legal and judicial field.   Results: The analysis reveals that Court Proceedings’ Live Streaming has significant potential to enhance transparency and accountability within the judiciary. It allows real-time access to courtroom proceedings, aligning with the open justice principle. However, it also highlights various concerns such as balancing the right to privacy of parties involved, addressing copyright ownership issues, mitigating cyber security threats, and preventing the dissemination of false information. The research identifies potential safeguards and measures to address these concerns effectively.   Conclusion: In conclusion, Court Proceedings’ Live Streaming represents a significant development in the legal and judicial field, providing unprecedented access to courtroom proceedings. While it has the potential to enrich constitutionalism and empower the masses, it also necessitates careful consideration of various legal and ethical concerns. By implementing appropriate safeguards and measures, live streaming can contribute to a more transparent and accountable judiciary while ensuring the protection of rights and interests of all parties involved.

Hybrid warfare and the challenge to international law

This article explores the complex landscape of hybrid warfare, a multifaceted conflict strategy blending conventional military tactics with cyberattacks, information warfare, and economic coercion. It examines the challenges hybrid warfare poses to international law, the difficulties in establishing legal definitions, and the strategic responses by major powers including Russia, the United States, and China. The discussion extends to the adaptation of national and international strategies to address the gray zones of conflict that hybrid warfare exploits. Emphasizing the need for innovative legal frameworks and international cooperation, the article highlights hybrid warfare’s impact on global security dynamics and the evolving nature of warfare in the digital age.

Comparative analysis of diagnostic accuracy in endodontic assessments: dental students vs. artificial intelligence.

This study evaluates the comparative diagnostic accuracy of dental students and artificial intelligence (AI), specifically a modified ChatGPT 4, in endodontic assessments related to pulpal and apical conditions. The findings are intended to offer insights into the potential role of AI in augmenting dental education. Involving 109 dental students divided into junior (54) and senior (55) groups, the study compared their diagnostic accuracy against ChatGPT's across seven clinical scenarios. Juniors had the American Association of Endodontists (AEE) terminology assistance, while seniors relied on prior knowledge. Accuracy was measured against a gold standard by experienced endodontists, using statistical analysis including Kruskal-Wallis and Dwass-Steel-Critchlow-Fligner tests. ChatGPT achieved significantly higher accuracy (99.0 %) compared to seniors (79.7 %) and juniors (77.0 %). Median accuracy was 100.0 % for ChatGPT, 85.7 % for seniors, and 82.1 % for juniors. Statistical tests indicated significant differences between ChatGPT and both student groups (p<0.001), with no notable difference between the student cohorts. The study reveals AI's capability to outperform dental students in diagnostic accuracy regarding endodontic assessments. This underscores AIs potential as areference tool that students could utilize to enhance theirunderstanding and diagnostic skills. Nevertheless, the potential for overreliance on AI, which may affect the development of critical analytical and decision-making abilities, necessitates a balanced integration of AI with human expertise and clinical judgement in dental education. Future research is essential to navigate the ethical and legal frameworks for incorporating AI tools such as ChatGPT into dental education and clinical practices effectively.

“CUSTOMER PERCEPTION TOWARDS DIGITAL TRANSACTION’’

This study explores the aspects that impact customers' perspectives and actions about internet purchases in this dynamic economy. From a comprehensive literature review, this research synthesises crucial themes such as user experience, trust, perceived risk, convenience, socio-demographic factors, regulatory environment, cultural effects, and future developments. Results show that efficiency and convenience, rather than worries about security, are the main motivators for people to use digital transactions. Trust appears to be a crucial component as well, and it is heavily influenced by user experience and the reputation of service providers. Consumer attitudes are made more complicated by a number of socio-demographic criteria, including age, income, and digital literacy. Elements such as social shifts away from cash-based economies, technological advancements, legal frameworks, and cultural norms all have a role. Legislators and practitioners alike can utilize the study's findings to better understand how to increase the reliability, security, and adoption of digital transactions. Digital transactions are characterized by a myriad of ideas and phrases, such as user experience, ease, security, trust, demography, innovation, regulatory environment, cultural effects, and future trends. Keywords:-Digital, Transactin, Customer , Perception

Living beyond borders: the international legal framework to protecting rights to health of Indonesian illegal migrant workers in Malaysia

Living beyond borders: the international legal framework to protecting rights to health of Indonesian illegal migrant workers in Malaysia

Assessing Drifting Fish Aggregating Device (dFAD) Abandonment under International Marine Pollution Law

Abstract This article asks whether the abandonment of drifting fish aggregating devices (dFADs) is illegal under international marine pollution law. To answer this question, it provides a brief overview of the general international legal framework for the protection of the marine environment as well as specific legal regimes, namely the London Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter (LC), its 1996 Protocol (LP), and Annex V of the International Convention for the Prevention of Pollution from Ships (MARPOL). The article concludes that the abandonment of dFADs contravenes the LC/LP and/or, depending on the preferred interpretation, MARPOL Annex V. The decision as to which of the two regimes is applicable depends on whether dFAD abandonment can be classified as ‘incidental to, or derived from the normal operations of vessels … and their equipment’ or not. The negligent loss of dFADs always violates MARPOL Annex V. The article also shows that certain state practice and opinio juris suggests a parallel applicability of the two regimes with respect to deliberate dFAD abandonment. While such a development would ensure more comprehensive coverage of the relevant standards and prohibitions, a clear regulatory decision as to which of the two regimes is the correct one would be preferable from an implementation and enforcement perspective.

Implication of Institutional Frameworks Governing Land Tenure Security in Social-Economic Dynamics: Experience from Iringa District in Tanzania

Purpose: The study aimed to examine the implication of institutional frameworks governing land tenure security in socioeconomic dynamics in the Iringa district. The study used the case of the Iringa district to investigate the institutional framework that provides implications for the governance of land tenure security in Tanzania. Methodology: The study employed phenomenography by collecting primary data from 16 key informants selected from village and district levels. Data from key informants were complemented by documentary review with perception considered deductively.   Findings: Findings confirmed the existence of two principal institutional frameworks; the Land Act No. 5 of 1999 and the Village Land Act No. 4 of 1999. Nonetheless, bureaucracy, inadequate policy dissemination, and poverty emerged as primary causes of deviations in land policy implementation in the study area. This study concludes that the successful implementation of Tanzania's land policy in the Iringa District Council has significantly facilitated land tenure security through the issuance of a Certificate of Customary Right of Occupancy. Establishing a robust institutional framework and clear land use rules has been central to this success. However, challenges such as complex Certificate of Customary Right of Occupancy acquisition procedures, bureaucracy, inadequate policy dissemination, and prevalent poverty in rural areas have been identified as impediments. Unique Contribution to Theory, Practice and Policy: The study was guided by Institutional Theory which describes the interaction of human beings with existing natural resources, the institution involves the regulation of formal rules from constitutions, status laws, and other legal frameworks controlling the interaction and relationship of human behavior. The study contributed to the theory by establishing the relationship between the organization and enforcement of policy and regulatory framework that governs land tenure. Also, the study recommends expanding the Certificate of Customary Right of Occupancy issuance, strengthening local land administration, simplifying land use regulations, facilitating easier access to Certificate of Customary Right of Occupancy especially for impoverished households, and implementing strategies to reduce bureaucracy and enhancing policy understanding at the grassroots level. These measures aim to enhance land tenure security and support sustainable development in rural communities.

ПРАВОВЫЕ АСПЕКТЫ ДОГОВОРА ПРЕДОСТАВЛЕНИЯ ПЛАТНЫХ МЕДИЦИНСКИХ УСЛУГ

Relevance. The new Rules for the provision of paid medical services by medical organizations, approved by Decree of the Government of the Russian Federation of March 11, 2023 No. 736, are aimed at developing and improving the legal framework for the provision of medical services. In this regard, it seems relevant to draw the attention of doctors dentists on the legal aspects of contractual relations. The main goal of the work. The purpose of the study is to draw the attention of dentists to certain legal aspects of contracts for the provision of paid medical services, which are essential for the effective protection of their interests in the event of disputes regarding the proper performance of contractual obligations. Approaches used. The provisions of legislative and by-laws related to paid medical services have been studied. A survey of 125 respondents (72 dentists, 53 consumers of medical services) was conducted on some legal aspects of the provision of paid medical (dental) services. Results. Using the survey method, the attitude of dentists and consumers to pre-contractual relations, to information about medical workers involved in the provision of paid medical services, as well as to the provision in written form of rules for using the results of the service or their storage is shown. Main conclusions. When providing paid medical (dental) services, it is necessary to pay special attention to: 1) pre-contractual notification to consumers in writing about the consequences of failure to comply with the instructions (recommendations) of the performer (medical worker providing a paid medical service; 2) notification to the consumer ( to the customer) information about medical workers involved in the provision of paid medical services, about the level of their professional education and qualifications; 3) providing the consumer with written rules for using the results of the service or storing them.

Status and trends of legislative and regulatory regulation of off-label use of drugs: A review

The off-label use of drugs is a common practice worldwide. The legal basis for off-label medical use varies from country to country. Regulatory control of the pharmaceutical market in the off-label preventive and therapeutic practice at the international and national levels has become a breakthrough with the emergence of the coronavirus pandemic. The prospects for off-label use in the context of innovations in the legislation of public health in the Russian Federation are crucial. Professionally significant aspects of the use of medicinal products outside the Summary of Product Characteristics and the off-label use have been introduced by supranational regulatory authorities for the common market of medicinal products of the Eurasian Economic Union. Special attention should be paid to the regulatory control of the use of extemporaneous medicines as part of improving the government regulation of drug compounding in pharmacies. The active development of pharmacy activities in drug compounding within the framework of improving regulatory practice determines the relevance of actual off-label prescriptions and the use of extemporaneous formulations. Aim – to perform a systematic analysis of national, transnational legislative and regulatory documents regulating off-label use of medicinal products, determine the main conceptual components of the current regulatory pool and directions for future development in this area. Systematic analysis of the national legislative and regulatory pool of documents and the regulatory framework of the common market of medicinal products of the Eurasian Economic Union on the regulation of various aspects of the off-label use of medicinal products. Study of the components and identification of the main trends in the regulatory practice of prescriptions outside the Summary of Product Characteristics and the off-label use. An analytical search was carried out in the reference legal systems "ConsultantPlus" and "Garant" on the official websites of the Ministry of Health of Russia, the Eurasian Economic Union, the RusMed information resource of the National Library resource of Russia in medicine and pharmacy "Central Scientific Medical Library" was used. A logical generalization of the results on the current state of the legal framework and the development of conceptual proposals on the key directions of the prospective development of regulation, control, and supervisory activities of the pharmaceutical off-label use of medicinal products was made.

Biodiversity management challenges: A policy brief

Global biodiversity has been lost at an alarming rate in the past century leading to what is often described as ‘the sixth mass extinction'. Leading causes of this loss are chemical pollution, habitat loss, unsustainable use of resources, invasive species, and climate change. Such environmental change can alter ecosystem functions irreversibly, leading to a direct loss of ecosystem services, such as food provision, climate regulation, and cultural services, which are estimated to have a global value of tens of trillions of dollars. International governing bodies have repeatedly set targets to preserve biodiversity and ecosystem services, especially within the framework of the UN Convention on Biological Diversity (CBD). Despite nation states’ pledges at the Rio Summit in 1992 to conserve biological diversity, progress has been lamentable. One reason for such failure is that action to redress biodiversity loss depends on national governments but it is of relatively low concern on the public agenda. This article reviews the UK and EU legal and policy biodiversity frameworks and exposes some of the complexities surrounding biodiversity loss, including non-compliance, public awareness, and valuation. Following a multidisciplinary roundtable on biodiversity in 2023, we suggest policy recommendations to overcome these issues.

Energy efficiency practices: A case study analysis of innovative business models in buildings

Over the last two decades, the European Union has significantly improved its legal framework for building energy efficiency. New mandatory standards have led governments to adopt incentive measures that, in turn, encourage the growth of innovative entrepreneurial practices. This study analyzes emerging business models that capitalize on energy efficiency in the building industry. Thirty-seven energy efficiency projects − either retrofit or new construction, supported exclusively by innovative business models featuring the presence of an individual contractor − in five Central and Western European countries are considered. Data is collected on property characteristics, business environment, and energy efficiency measures. Using the Rough Set approach, the analysis identifies core attributes that associate or differentiate the case studies. They include building ownership, energy-related services to be provided to the users, and the duration for which the contractor must be involved. Additionally, other attributes − such as the types of retrofit work, investment costs, access to monetary incentives, and expected payback period − allow us to identify the cases representing best practices for each innovative model. There remain open questions concerning where the boundary between different business models lies and long-term economic self-sustainability, regardless of the availability of incentives.

Female Genital Mutilation practiced by Dawoodi Bohras of Pakistan

This paper examines the practice of female genital mutilation (FGM) among the Dawoodi Bohra community in Pakistan. FGM, a non-therapeutic alteration of the female genitalia, is examined through the lenses of religion, culture and health. The Dawoodi Bohra, predominantly based in Karachi, practice FGM as a religious and cultural rite, linking it to notions of purity and social acceptance. Despite global efforts to outlaw and eradicate FGM, it persists, underpinned by deeply held beliefs and the insular nature of the community. The physical and psychological effects of FGM are profound, leading to immediate and long-term complications such as severe pain, infection and psychological trauma. This paper discusses the impact of these practices on women’s health and rights, while critiquing the lack of an effective legal framework in Pakistan to combat FGM. In addressing this issue, the paper contributes to the broader discourse on gender-based violence and the rights of women and children in patriarchal societies.