Legal Framework Research Articles

THE RATIFICATION OF THE ISTANBUL CONVENTION BY THE EUROPEAN UNION AND ITS EFFECT ON CANDIDATE STATES: SPECIFIC REFERENCE TO TURKEY

This research evaluates the process and consequences of the European Union’s recent ratification of the Convention on Preventing and Combating Violence Against Women and Domestic Violence (Istanbul Convention). The issue of violence against women persists as a global problem, and with the Union ratifying the Convention in June 2023 and its pledge toward actions to curb gender-based violence, this issue has gained ever more traction throughout Europe and its surrounding geographies. Analysing the hurdles within the ratification process, it can be said that ratification was a progressive move for the Union. Thus discussion of the obligations of Member States, particularly those that have not ratified the Convention, is necessitated. As a country historically controversial to gender-based violence, Turkey has gained much international and national notoriety in withdrawing from the Istanbul Convention in 2021. With the recent regeneration of communications with Turkey and the EU reaffirming Turkey’s candidate status, an examination of Turkey’s standing in fulfilment of its accession obligations is warranted. Consequently, Turkey’s legal framework is analysed and future steps are discussed. The findings show that Turkey’s lack of political willingness to implement and expand the existing legal infrastructure generates potential hindrance to EU relations.

In the name of protection—A critical analysis of China's legal framework of children's personal information protection in the digital era

This article provides a critical analysis of the China's legal framework of children's personal information protection in the digital era. It demonstrates that Chinese lawmakers adopt a dual-protection paradigm consisting of data privacy law and family law to protect children's personal information. In the field of data privacy law, China's Personal Information Protection Law regards children's personal information as sensitive information, and provides all contexts-based protection through the parental consent system, resulting in severe restrictions on children's freedom of access to information and their evolving capacities. In the field of family law, the Minors Protection Law fragments the right to informational self-determination of children while applying hard legal paternalism with respect to the online live-broadcast for children, limiting children's fundamental right to freedom of expression and depriving parents of the right to the custody of their children. Based on research in developmental psychology, this article argues that different legal frameworks should be adopted according to different age groups of children to protect the best interest of the child. In this way, the balance between the protection and informational self-determination of children in the digital era can be achieved.

Legal framework for AI applications

Artificial intelligence (AI), the most widespread technological term, has become an integral part of human daily life. People are becoming increasingly dependent on AI-powered devices; thus, it is now essential to have a legal framework to oversee artificial intelligence's various uses and legal peculiarities. As artificial intelligence has entered all areas of life and into various sectors, which requires examining in detail the legal nature of artificial intelligence, determining the laws that must be applied to it, and identifying the people or entities responsible for it to determine the scope of their responsibilities for the resulting damages that may be caused to others as a result of the use of intelligence. Artificial, this research aimed to examine the adequacy of the legal rules in Jordanian legislation regulating the provisions of artificial intelligence in light of the diversity of its applications and its different legal nature. The research is divided into two chapters. The first chapter presents the concept of artificial intelligence, and the second chapter discusses the legal liability of artificial intelligence. The results of the research revealed that the Jordanian legislator did not specify the legal nature of the artificial intelligence and contented himself with stipulating it in separate texts, Legal liability resulting from utilizing artificial intelligence systems can be challenged under regulations of the defect in manufacturing, responsibility for guarding things, and the distinction between responsibilities due to the degree of independence and intelligence of artificial intelligence, In determining the liability of artificial intelligence, the legislator should consider the types of artificial intelligence systems, their different capabilities, and their independence from humans, The process of enacting special laws regulating all aspects of artificial intelligence must be expedited. This law should be characterized by flexibility that enables it to keep pace with and rapid development witnessed in this field.

Legal Protection Against Victims Of Share Results Application Fraud

In the rapidly advancing era of digitalization, digital applications have become an integral part of everyday life, revolutionizing how we communicate, transact, and interact. However, along with these advancements come new challenges related to the misuse of technology, such as fraud that occurs through Share Results apps. This research aims to investigate the legal protection available to victims of fraud that occurs through such applications, recognizing the pressing need to address vulnerabilities in digital transactions. The research method employed is normative juridical, which involves analyzing the applicable laws and court decisions related to similar cases. By delving into legal frameworks and judicial precedents, the study seeks to elucidate the avenues of recourse available to victims of Share Results app fraud. The results of this research underscore the imperative for increased legal awareness among digital app users, improved regulation to respond to technological dynamics, and more effective law enforcement in dealing with digital crimes. Addressing these issues is essential for safeguarding the security and trust of users within an increasingly complex and dynamic digital ecosystem. Ultimately, the protection of Share Results app fraud victims emerges as a pivotal focus in broader efforts to fortify legal safeguards and ensure accountability within digital transactions. This endeavor is crucial for fostering resilience against emerging threats and fostering confidence in digital platforms.

Re-politicising Anti-Trafficking: Migration, labour, and the war in Ukraine

Drawing on multi-method research, this article demonstrates that the risks of large-scale trafficking due to the war in Ukraine were mitigated by granting Ukrainians more extensive rights than typically afforded to refugees. This shows the advantages of rights-based approaches to migration and labour exploitation. We draw on Bakhtin’s and Žižek’s work on the carnivalesque to argue that mainstream anti-trafficking initiatives—which are depoliticised and able to win support and funding from across the political spectrum—often serve merely as theatrical and distracting sideshows diverting attention from more impactful activities and the normalised exploitation within capitalism. However, avoiding trafficking is insufficient if Ukrainian citizens and residents still endure exploitative conditions. A weakened legal framework for workers’ rights within Ukraine alongside inadequate labour protections across Europe have facilitated such exploitation. In contrast to the depoliticised stance of the anti-trafficking industry, this article concludes that more explicitly political actions supporting migrants’ rights, workers’ rights, and access to welfare and public services will not only more effectively challenge trafficking but also prevent other exploitation of migrants.

Problems and Possible Solutions to Municipal Solid Waste Management in Malawi Urban Areas – An Overview

Municipal solid waste (MSW) management poses significant challenges in urban areas of Malawi, with rapid population growth, poor sanitary conditions, and inadequate waste disposal infrastructure exacerbating the situation. This overview synthesizes existing literature to examine the complexities of MSW management in key Malawian cities, including Mzuzu, Blantyre, Zomba, and Lilongwe. Drawing from diverse sources such as peer-reviewed papers, governmental reports, and policy documents, the study investigates the root causes of MSW problems and explores potential remedies. Key issues identified include poor waste disposal habits, lack of waste classification, insufficient waste removal services, and community perceptions towards waste disposal. Furthermore, the paper analyzes the legal frameworks and environmental regulations governing MSW management in Malawi, highlighting the roles of various stakeholders and policy instruments. To address these challenges, the paper proposes a multi-faceted approach involving enforcement of legal laws, civic education and awareness campaigns, community engagement, involvement of private operators, conversion of waste to energy, promotion of recycling activities, composting, and provision of public bins/trash containers. By implementing these strategies, Malawi can move towards sustainable MSW management, mitigate environmental risks, and improve public health outcomes in urban areas.

Challenging Externalization by Means of Article 4 ECHR: Towards New Avenues of Litigation for Victims of Human Trafficking?

The externalization of migration control undermines the protection of victims of trafficking in human beings. Pushbacks and pullbacks at sea, as well as simplified or accelerated identification procedures, exacerbate the risk of trafficking and retrafficking and prevent victims from accessing the protection to which they may be entitled in European States. In this scenario, the European Court of Human Rights can play a crucial role among international bodies and courts in ensuring effective remedies for victims in case of repatriation to their countries of origin and transit. This study examines the applicability of the prohibition of slavery, servitude and forced labour enshrined in Article 4 of the European Convention on Human Rights—whose scope now undisputedly includes trafficking in human beings—in the context of the externalization of migration control. It demonstrates that litigating unlawful refoulements under Article 4 ECHR might be very worthwhile to raise awareness of migration-related risks for victims, to strengthen the legal framework of positive obligations in trafficking cases, and to ascertain violations of anti-trafficking international obligations by European States.

SWOT Analysis and Recommendations for Enhancing Sino-Russian Agricultural Trade Cooperation

With the outbreak of the Russian–Ukraine conflict, the changes in agricultural trade between China and Russia are receiving more and more attention. This study analyzes the current status of Sino-Russian agricultural trade and employs a SWOT analysis to explore the strengths, weaknesses, opportunities, and threats within their agricultural trading activities. The findings suggest there are opportunities for further optimization and enhancement in the Sino-Russian agricultural trade. Based on this, suggestions proposed include accelerating the development of transportation hubs, facilitating agricultural trade, refining legal frameworks for agricultural exports, and expediting the establishment of economic cooperation zones.

Transformation of Islamic Law into Positive Law within Pornography Legislation

As the country with the largest Muslim majority in the world, it is only natural to frame Islamic law as the legal framework for pornography legislation. The reality is that Indonesia is a unitary state, so the establishment of an Islamic state is not feasible. This article falls underthe category of literature research with a qualitative approach. The methodology used is normative legal studies with a content analysis approach. The research concludes that the transformation of Islamic legal values can be manifested in positive law by implementing Islamic law in Indonesia without establishing an Islamic state. The transformation of Islamic law into positive law in national politics regarding the Pornography Law has had a significant impact on the process of accommodating Islamic law within Indonesia's legal system. The pattern of transformation in Islamic law is substantive (essential). Although not exactly the same as what exists in the concept of Islamic law, the substance or essence is in line with Islam or not contradictory to Islamic teachings, as seen in Law No. 44 of 2008 concerning pornography.

The Evolution of Drug Regulatory Sciences in the Netherlands: More than a Country Report.

In the Netherlands, drug regulatory science is a vibrant national and internationally oriented community. In this review, we present the factors that have contributed to this successful collaboration between relevant stakeholders and that led to a surge of activities around how regulatory science became embedded in the ecosystem of medicines research, clinical pharmacology, policymaking and regulation. We distinguished three pivotal episodes: (i) TI Pharma Escher-project, (ii) Dutch Medicines Evaluation Board as catalyst of the big jump, and (iii) Regulatory Science Network Netherlands and multistakeholder engagement. The research agenda has been influenced by the dynamic evolution of legal frameworks in Europe, such as the EU orphan medicines legislation of 2001 and the EU pharmacovigilance legislation of 2012. All these developments have inspired and have raised pertinent regulatory sciences questions. Furthermore, clinical pharmacology as a discipline has been very influential in shaping regulatory science, contributing to discussions on the level of clinical evidence that is necessary to justify marketing approval of a new medicine. With a growing interest of multiple parties such as academics, European Medicines Agency, national agencies, patient organizations and EFPIA, connecting regulatory science activities is key.

Review of “1st Liveable Futures Report: Food of Mass Destruction: How Exploiting Animals Drives Us to Extinction"

This report, compiled by Jaime del Val, Reverso/Metabody Institute, in 2023, synthesises over 100 previous reports by United Nations, governmental commissions and high profile scientific commissions that state that animal based food is the major source of climate change, biodiversity loss, human health problems, human inequality and animal suffering. The report coins the acronym “AEFI” (Animal Exploitation Food Industries) for highlighting the central, present and historical role of this industry in the crisis, and pushes for a renewal of global legal frameworks that recognise the rights of all life forms as condition of possibility for a liveable future for humans themselves, while exposing the interconnection of the core role of shifting diets away from animal products with a voluntary reduction of overconsumption and overpopulation.

Negotiating severity behind the scenes: prenatal testing in Germany.

Foetal-related severity is a key concept in policy and legislation relating to access to both reproductive technologies and selective abortions in many countries around the world, but not in Germany. This study sheds light on how 'severity' in the context of prenatal testing is understood and negotiated within the particular socio-cultural and legal context of Germany, where 'severity' relating to foetal clinical findings neither counts as a justification to implement population prenatal screening programs, nor as a legal ground to terminate pregnancy. This study explores the views of women who undergo prenatal testing, as well as of professionals who encounter them, through semi-structured interviews. It showcases how they frame severity and questions whether the existing legal and regulatory framework relating to prenatal testing and termination of pregnancy addresses their concerns and needs regarding reproductive decision-making. The interviews (n = 27) reveal that despite it being legally outside the explicit reasons for testing and termination of pregnancy, both women and professionals negotiate severity behind the scenes. Their interpretation of severity is highly context-dependent and relies on clinical, social and familial facets. Their perceptions of severity guide them in their handling of and decision-making around pregnancy management. Acknowledging the personal nature of severity assessment and providing professional or legal guidance which explicitly mentions foetal anomaly as a legitimate factor in pregnancy management could provide healthcare professionals and patients with the room needed to manage the pregnancy favourably.

Основные направления реализации прав граждан на социальное обслуживание в городе Москва (на примере проекта «Московское долголетие»)

This article examines the legal framework for the implementation of social services in the city of Moscow for certain categories of citizens. It was noted that the Moscow Government paid special attention to social services for older people, and aimed not only at improving their living conditions, but also at expanding the capabilities of these people to independently provide for their basic living needs. The article also analyzes, on the basis of which it can be concluded that the main directions of the implementation of the Moscow Longevity project are to provide retired citizens living in Moscow with socio-medical, socio-pedagogical, socio-labor services free of charge in order to expand the capabilities of these people to independently provide their basic life needs.

Rigidness of planning law causing fragile grounds for crafting planning tools: neoliberal power and ideology immersed on urban space

ABSTRACT This study undertakes an in-depth examination of the planning and privatization process in Istanbul, Turkey, with a particular focus on the interplay of capital, networking, and implicit relationships among various layers of authority and actors. The primary objective is to unravel the intricate dynamics of power relations within these processes and their ramifications for institutional ethics in planning. Specifically, the study investigates how these dynamics contribute to the expansion of building rights and the commodification of urban public land. Moreover, this study delves into the diverse driving forces that perpetuate instability in the planning process, encompassing aspects such as procedural intricacies, resultant outcomes, and broader implications. It recognizes the influence of interventionist governance and the intricate web of power relationships in shaping these dynamics. In essence, this research endeavours to offer a comprehensive understanding of the planning and privatization process in Istanbul, shedding light on the underlying power dynamics and their repercussions for institutional ethics and urban development. By unearthing these insights, it seeks to contribute to inform the development of legal frameworks and policies that promote transparency, ethical conduct, and sustainable urban planning practices.

International Law Review Of Space Debris Mitigation Efforts

Space debris has become an increasingly pressing issue in space exploration and utilization. This article conducts a comprehensive review of aspects of international law relating to space debris mitigation efforts. This research analyzes existing legal frameworks, including relevant multilateral treaties and international legal principles related to the space environment. With a focus on the principles of shared responsibility and avoidance of damage to the space environment, the study identifies key challenges in managing space junk and reducing the risk of collisions in earth orbit. An in-depth analysis of the role of national space agencies and international organizations in implementing mitigation measures was also carried out. In the context of international cooperation, this article evaluates existing collaborative efforts and proposes new measures to improve the effectiveness of space debris mitigation. A better understanding of legal responsibility and burden-sharing in addressing these issues became a central point in the study. By analyzing recent developments in space law and international environmental regulations, this article provides insight into the direction the global community might take in addressing future space debris mitigation challenges. It is hoped that this research can provide guidance for policymakers, academics, and legal practitioners in their efforts to maintain a clean and sustainable space environment.

Legal analysis of the merits of electronic transferable records: toward cross-border trade digitalization

Purpose The basis for this study on electronic transferable records (ETRs) in the context of digitalizing cross-border trade is established in this chapter. It illustrates how the growing trend toward paperless trade and technological improvements is changing trade operations. This chapter focuses on the need to look into ETRs because of their capacity to influence business transactions while navigating complex legal issues. The specific goals of the study are outlined, including a review of the advantages, legality, difficulties and best practices of ETRs. This study aims to shed light on the possible advantages and disadvantages of ETRs, the legal framework that controls their use and the best practices for their efficient implementation. This study also seeks to provide informative recommendations for businesses and people that are considering using ETRs. Design/methodology/approach This study explores the evolving world of ETRs and their crucial function in international trade. Multidimensional technique is used to examine the transformative potential of ETRs from a variety of research angles. The research design is based on a comprehensive evaluation of the literature that includes a wide range of reliable sources, including academic papers, business reports and legal documents. The comprehensive retrieval of essential material is ensured through keyword searches in renowned academic databases and industry resources. The qualitative synthesis of secondary sources further enhances this methodology and allows for a complex examination of the implications of ETRs. The case study analysis provides practical information on the benefits, hazards and practical applications of ETRs. Multifaceted aspects are uncovered via a thematic approach and qualitative investigation, including potential advantages, hazards, implementation plans and regulatory frameworks. Findings ETRs offer a range of potential advantages for cross-border trade, encompassing augmented efficiency, reduced costs and heightened security. Nonetheless, their implementation also presents legal challenges and risks, spanning security and privacy concerns, legal ambiguities and technical complexities. Consequently, it is crucial for individuals and businesses to meticulously assess and mitigate these risks through the integration of robust security protocols, staying informed about legal developments and adhering to pertinent regulatory stipulations. In spite of these hurdles, the trajectory of ETR adoption is anticipated to remain on an upward trajectory, driven by increasing recognition of their potential benefits and the concurrent evolution of legal frameworks and technical standards. Research limitations/implications Research limitations included the following: lack of adoption of ETRs internationally; and legal diversity and different legal systems results in different consideration of the ETRs. It makes reaching a unified ETR system more difficult. Practical implications It is necessary to develop clear policies and procedures and establish well-defined policies and procedures governing ETR use. These should encompass security guidelines, data protection measures and adherence to legal mandates. Regular review and updates are imperative. Stay current on legal developments: In light of the continuously evolving legal and regulatory landscape pertaining to ETRs, businesses and individuals must stay abreast of pertinent changes and seek professional counsel when necessary. Collaborate with partners and stakeholders: To ensure harmonization and standardization in ETR deployment, active collaboration with partners, regulators and industry associations is vital. Social implications Enhance awareness and education: Investment in awareness and educational initiatives is crucial. Decision-makers should organize training programs, workshops and seminars to enhance understanding of ETRs’ potential benefits in cross-border trade among stakeholders. Socially, the use of ETR can achieve several political advantages for the society. It minimizes risks of corruption through enhancing tracing and auditing abilities for relevant authorities making it more difficult to engage in corrupt practices. That can promote integrity within government and public procurement system. Originality/value The development of standardized technical frameworks and interoperable platforms for ETRs could enhance their seamless integration into existing trade systems. Additionally, investigating the integration of emerging technologies like blockchain, IoT and AI into ETR ecosystems could unlock innovative solutions to security, authenticity and data management concerns. This study examines how ETRs can radically alter how trade is conducted on a global scale. This paper examines ETRs’ role in improving cross-border trade digitization by examining their advantages, legal difficulties and implementation techniques. The conclusions will aid firms, decision-makers and attorneys in navigating the constantly changing world of trade agreements. The study’s ultimate goal is to offer takeaways that support effective, secure and legally compliant integration of ETRs, ensuring that they operate as a catalyst for improved global trade efficacy and efficiency.

The Legal and Normative Framework of International Activities of Subnational Parliaments: a Case of St. Petersburg Parliament

Purpose. The article engages in a comprehensive analysis of the legal and normative foundations of international activities of the Russian sub-state regions with an emphasis on regional parliaments.Methods. In order to compile the study, the author draws upon a case-oriented research design and engages in two approaches namely comparative and political-legal. The case of the study is St. Petersburg, a Russian region, and its supreme legislative body namely the Legislative Assembly of Saint Petersburg.Results. The author has defined the general normative-legal foundations of the international activity of the Russian regions, outlined the general normative-legal foundations of the international activity of the legislative authorities of the Russian regions and analysed the normative-legal foundations of the international activity of the representative authority of the Russian regions and their proportion with the executive branch of power in the case of the Legislative Assembly of St. Petersburg and the system of executive authorities of St. Petersburg. In addition, the author outlined the problems of legal regulation of international activities of Russian regions.Conclusions. Firstly, in terms of legal basis, the regions of the Russian Federation have a limited range of freedom in the sphere of international relations, consisting in the maintenance of cultural and economic ties, and the international activity of the regions itself is under the control of the federal authorities. Secondly, the federal legislation of Russia contains legal uncertainties regarding the interpretation of concepts and the definition of specific mechanisms and forms of international activities of the regions. Thirdly, federal legislation, while not defining the clear competences of regional parliaments, provides the Russian regions to independently determine the specific powers of their authorities within the framework of federal and regional legislation. Fourthly, the competences of international activities of the Legislative Assembly of St. Petersburg are limited to the status-value, normative-recommendary and advisory-expert nature. Fifthly, the structure of the powers of public authorities in St. Petersburg shows a prevalence in the powers of international activities between the legislative and executive authorities in favour of the second one

LEGAL, INSTITUTIONAL AND FINANCIAL FORMS OF STATE AID FOR DISABLED STUDENTS

One of the greatest challenges of the modern state is to care for and ensure the good life of its citizens. Elderly people, people with disabilities require additional care. This means that the state is expected to take special actions in this regard, as these are often different needs and problems than in the case of non-disabled people. For many years, numerous initiatives have been observed in Poland to meet these requirements: starting with the creation of legal, administrative or organizational frameworks, and ending with the transfer of funds for their implementation. This last issue is not the subject of the given article. In difficult post-pandemic times, with war in the background and in the situation of an increasingly intense economic crisis, financial issues take on special importance. The aim of the article is to analyse the system the supports the financing of the needs of people with disabilities. Support institutions and the mechanisms of their functioning, as well as financial issues, were the subject to analyses. Particular attention is paid to the financial situation of students with disabilities in Poland. The analysis of the extensive support system for students with disabilities in relation to the low rate of this group of students among all students in Poland suggests that it is non-financial considerations that are the main limitation of the study process for young people with disabilities.

Psychotherapy works – An inclusive and affirming view to a modern mental health treatment

Psychotherapy is a highly collaborative and individualized mental health practice developed in (post-) modern societies. The mental health outcomes of psychotherapy cover a broad range of psychological factors including the reduction of suffering/symptoms as well as the promotion of well-being, personal values, and personal strengths. There is extensive meta-analytic evidence that legitimate psychotherapy works remarkably well and robustly for most common mental disorders. In addition, there is a large body of meta-analytic evidence supporting the potential relevance of transdiagnostic relationship principles and transtheoretical psychotherapy factors. Based on this ongoing empirical evidence, we propose four relevant implications for future training and practice in transdiagnostic psychotherapy: 1) the development of a transtheoretical legal framework for psychotherapeutic treatments, 2) the formulation of evidence-based transtheoretical interpersonal skills, 3) an orientation toward transtheoretical therapeutic factors, and 4) the exploration of comprehensive psychotherapy outcomes. We conclude with some more general guidance for future directions.

The Stateless Legal Clinic: Innovative Models for Addressing Unmet Legal Need in Australia through Clinical Legal Education

The Stateless Legal Clinic is a unique service providing legal education and aid to eligible stateless children in their application for Australian citizenship. It also provides law students at the University of Melbourne with the opportunity to gain practical legal experience and engage in experiential learning, through a clinical legal education elective subject offered within the Juris Doctor (JD) degree. The Stateless Legal Clinic aims to address a critical gap in legal services for stateless children in Australia and situates clinical legal education within the relatively new and emerging discipline of ‘statelessness studies.’ Through an examination of Australia's legal framework for addressing the global human rights issue of statelessness, this article examines the design and operation of the Stateless Legal Clinic, arguing that clinical legal education can provide innovative models for increasing access to justice for communities often overlooked or under-serviced by the legal industry.