Legal Remedies Research Articles

Policy and law: the case of synthetic nitrogen fertilizer

Agriculture occupies more than a third of the world’s land with many, large-scale impacts on the environment and human health. This article investigates the failure of policy to manage these impacts, asks whether private law can fill the gap, and what this means for policymakers. The investigation takes the form of a case study of synthetic nitrogen fertilizer (SNF) in English policy and law. The SNF industry has been chosen because, by its own account, it underpins the modern food system, which is recognized as needing urgent transformation. The article first assesses the damage caused by SNF to health and the environment and the potential legal remedies. It then assesses industry claims that SNF (a) provides food security, (b) is beneficial to soil and water, and (c) reduces greenhouse gas emissions. If misleading, these representations could amount to unlawful ‘greenwashing’. While private law can never replace good policy and regulation, the article concludes that there is evidence to enable private law to supplement policy, and that this role is made possible as well as necessary by the absence of effective regulation and enforcement. Private litigation could catalyze policymakers to implement the robust regulatory regime that agriculture demands. As the law must focus on scientific evidence and causation, it can also help elucidate and publicize the science on which policy is based. Finally, because of the strict constraints within which private litigation must operate, it can direct policymakers towards strategic interventions (or tipping points) that could catalyze systemic change.

A face of one’s own: The role of an online personae in a digital age and the right to control one’s own online personae in the presence of digital hacking

In the post-Covid world, our online personae have become increasingly essential mechanisms for presenting ourselves to the world. Simultaneously, new techniques for hacking online personae have become more widely available, easier to use, and more convincing. This combination, of greater reliance on online personae and easier malicious hacking, has created serious societal problems. Techniques for training users to detect false content have proved ineffective. Unfortunately, legal remedies for dealing with hacked personae have also been inadequate. Consequently, the only remaining alternative is to limit the posting of false content. In this discussion paper, we provide an overview of online personae hacking. As potential remedies, we propose to redesign search engine and social media algorithms allowing platforms to detect and restrict harmful false content and a new fundamental right for the EU Charter that would provide legal justification for platforms to protect online reputations. For those platforms that might choose not to protect online reputations, this new right would require that they do so.

Legal Actions Of Notaries Who Feel Aggrieved By The Decision Of The PTUN Court On Dismissal In PTUN Decision Number 200/PK/2022 In Jakarta

As a public official, a Notary can be dishonorably dismissed if proven to have committed a criminal offense, as stipulated in the Notary Position Law. Although regulations related to dishonorable dismissal for notaries already exist, they are considered somewhat unclear. The issues discussed in this study include the substance of legal remedies for notaries who are dishonorably dismissed due to criminal convictions with a threat of less than five years. The research method used is normative juridical, with data collection through document study and literature review. The analytical approach used is qualitative. The research findings regarding the substance show that criminal offenses that can lead to dishonorable dismissal for notaries are criminal offenses with a prison sentence of 5 (five) years or more that have obtained legal force, whether committed in a personal or official capacity. Furthermore, the legal remedy for a Notary who is faced with dishonorable dismissal when convicted with a sentence of less than five years is to file a lawsuit to the State Administrative Court. This lawsuit is addressed to the Minister of Law and Human Rights as Defendant I, and the Notary as Defendant II.

The Revitalization of Extraordinary Legal Remedies Cassation for Legal Interests in the Criminal Justice System in Indonesia

The decision of judges are not free from errors or mistakes, and often even shows partiality (not neutral) towards certain parties. Extraordinary legal action: cassation for legal purposes can be filed against all decisions that have obtained permanent legal force from other courts, apart from the Supreme Court. Great. The purpose of this research is to determine the factors that cause the Attorney General to rarely use the extraordinary legal remedy of cassation for legal purposes. To revitalize the extraordinary legal effort of cassation for legal purposes so that it can run effectively in the criminal justice system in Indonesia. The findings from this research are that revitalization can be carried out by providing adequate explanations, especially the phrases "legal interests" and "must not harm interested parties" or even eliminating the provisions of Article 359 paragraph (2) of the Criminal Procedure Code, so that it does not give rise to different interpretations and judges can give fair decisions, without being shackled by the phrase "must not harm interested parties".

Validity of Property Sale and Purchase Agreement between Residents in Taman Duren Sawit Housing with Developer PT Altan Karsaprisma as a Result of a Lawsuit by a Third Party

This research aims to examine the validity of land and building sales and purchase agreements between residents at the Taman Duren Sawit Housing Complex (buyers) and developers (sellers), due to a lawsuit by a third party. This research is normative juridical, which uses a statutory approach (statute approach) and a case approach. The results of this research indicate that the developer as the seller has violated the objective conditions for the validity of the agreement, especially the conditions of "a certain thing" and the conditions of "halal causes", by selling objects whose ownership is still in dispute and there is no transparency regarding the legal status of the land of the sale and purchase object, which is still in dispute. Therefore, the agreement made is considered null and void by law. The legal remedy that can be taken by the buyer is to file an unlawful act lawsuit with the local district court based on Article 1365 of the Civil Code. This research concludes that the land and building sale and purchase agreement entered into by the parties is null and void because it has violated the terms of "a certain thing" and the terms of "halal causes" while the legal remedy that can be taken by buyers in good faith are to file a lawsuit. unlawful acts to the local district court.

A Conceptual Approach on Disaster Response Management and The Legality of Disaster Response: A Case Study of February 6 Kahramanmaras Earthquakes in Türkiye and Presidential Decrees Under the State of Emergency

This article aims to critically analyze the legal and democratic framework of disaster response within the context of the Republic of Türkiye Presidential Decrees (PDs) issued during the state of emergency (SOE) declared following the earthquakes in Kahramanmaras on February 6th. This research analyzed the PDs issued during the SOE in ten provinces using content analysis techniques The published PDs’ have been analyzed by dividing them into three groups: operational, organizational, and psychological response, and thus a conceptual approach to disaster response management has been put forward. It is concluded that actively pursuing legal remedies during disaster response enhances the effectiveness of interventions and provides a valid, democratic, and legal basis for processes, thereby optimizing disaster response and crisis management. As such, the article pointed out that the proactive policy in disaster intervention strategy during the Kahramanmaras Earthquakes offered valuable lessons for handling future disasters.

The Constitutional Complaint in Kosovo from the Perspective of State Liability and Constitutional Certainty

Abstract This article analyses the constitutional complaint in Kosovo through the lens of governmental liability and constitutional certainty. Although it is one of the most significant legal mechanisms for the protection of human rights in Kosovo, the remedial impact of a constitutional complaint does not appear to be appropriate for granting ‘just satisfaction’ and holding a public authority accountable for a violation of constitutional rights. To make the state’s constitutional liability for human rights violations a reality, additional legislative reforms are necessary. The introduction of ‘constitutional damage’ award in the context of the Kosovan constitutional judiciary is therefore especially pertinent to this end. Such a remedy would hold the state accountable for abuses of human rights originating from the unconstitutional behavior of government officials. It would finally provide victims of constitutional rights violations with appropriate means of legal redress, which is the ultimate end of constitutional justice. The constitutional principle of ‘legitimate expectation’ is also not unimportant in this context. By offering a critical perspective on the Constitutional Court’s case-law, this article argues for the significance of adhering to the ‘legitimate expectations’ principle to ensure equality of the parties in constitutional litigation proceedings and a constant development of constitutional jurisprudence that is vital for the Kosovan democracy.

Judges´` Incarceration decisions in Mozambique

Over the last decade, Mozambique embarked on a comprehensive reform that aimed at improving the conditions of prisons in the country. Legal reform was accompanied by institutional reform. Prison conditions, however, have not improved at the pace they should have developed. Based on the findings of research conducted on prisons by the organisations Africa Criminal Justice Reform and REFORMAR- Research for Mozambique, over the last ten years, this article aims at drawing the attention of the prison issues from the judges’ incarceration decisions. In fact, while studies of criminal justice reform have traditionally examined the systematic deficiencies of the prison system, a closer look at the role of judges in the context of prison provides practical understandings, especially where there are substantive non-conformities with the legal framework in place. Solutions are, furthermore, threefold: the use of legal remedies by victims of judicial decisions and the civil liability of the state for illegal detention and the overall decolonisation of the state approach to criminal justice by all actors of the state administration.

“You shall have the thought”: habeas cogitationem as a New Legal Remedy to Enforce Freedom of Thinking and Neurorights

Despite its obvious advantages, the disruptive development of neurotechnology can pose risks to fundamental freedoms. In the context of such concerns, proposals have emerged in recent years either to design human rights de novo or to update the existing ones. These new rights in the age of neurotechnology are now widely referred to as “neurorights.” In parallel, there is a considerable amount of ongoing academic work related to updating the right to freedom of thought in order to include the protection of “freedom of thinking” (i.e., freedom of thought itself) and not only its social manifestations. Neurorights such as cognitive liberty, free will, mental freedom, and mental self-determination come into play here. Importantly, freedom of thought has often been considered a prerequisite for all the other fundamental freedoms and rights. In any case, just as other rights require additional legal instruments to guarantee their compliance, substantial neurorights will probably require specific complementary developments in procedural law. In relation to this, there is a long tradition of habeas corpus as an emergency remedy to enforce the rights of a citizen against illegal or arbitrary detention. More recently, the habeas data writ has been proposed and admitted in certain countries to guarantee a person’s ownership of their personal data. In this article, we propose to expand this procedural apparatus by incorporating a third habeas, which we call habeas cogitationem: a writ aimed primarily at enforcing the right to freedom of thinking (and, subsidiarily, the rest of neurorights) against direct, harmful interferences in a person’s thought process by both public and private perpetrators.

IMPLEMENTATION OF PROVIDING LEGAL AID TO CHILDREN AS PERPETRATORS OF THE CRIME OF OBSCENITY

IMPLEMENTATION OF PROVIDING LEGAL AID TO CHILDREN AS PERPETRATORS OF THE CRIME OF OBSCENITY

Achieving electoral equity after Brnovich: A case study of Native activism in Nevada

AbstractObjectiveWe examine the role of local election officials in voter suppression of Native Americans and opportunities for legal redress using state law.MethodsWe present a case study of the Shoshone and Paiute Tribal leaders, Native activists, and lawyers in Elko County, Nevada, to provide electoral access on the Duck Valley Reservation.ResultsWe document the successful legal strategy against Elko County officials in state court following a newly adopted provision of the state constitution that committed Nevada to providing “equal access to the elections system without discrimination.”ConclusionThis case study is a reminder of the discretionary power wielded by local election officials in the United States, and it presents a potential roadmap for fighting voting abuses using state laws and courts following the Supreme Court's Brnovich v. Democratic Central Committee (2021) ruling.

Artificial Intelligence-based Legal Application for Resolving Issues Related to Live-In Relationship

INTRODUCTION: The societal landscape in India has witnessed a very transformative shift in the perspectives on relationships, with an increasing prevalence of live-in couples challenging the traditional norms of marriage. However, this ongoing trend has brought about a huge surge in legal complexities, including recognition, partner rights, property disputes, and inheritance issues. This study proposed an innovative approach that leveraged the potential of Artificial Intelligence and Automatic speech recognition for the registration and redressal of live-in relationship matters.
 OBJECTIVES: This research explores and seeks for the optimization of the resolution of live-in relationship disputes which occurs in the legal perspective with the help of an AI-based platform. The primary goal of this research was to overcome the physical barriers while ensuring the correct accessibility to legal procedures for the registration and addressing of the grievances related to live-in relationships. 
 METHODS: Here, the methodology followed, starting from the thorough review which was conducted using different resources from Scopus, PubMed, and ResearchGate. This research explored the increasing complaints and varying victim counts in live-in relationship cases. This finally attributed to these issues to a lack of physical access to legal remedies.
 RESULTS: This study also emphasized the major significance of AI-driven redressal processes in the real-time alleviation of the hurdles and challenges associated with live-in relationship cases. The proposed framework and platform aimed to offer an alternative means for the individuals who were unable to physically approach the authorities, facilitating a more efficient and seamless way of legal resolution more quickly.
 CONCLUSION: This study advocates for the integration of AI and AST technologies in the legal domain, specifically for addressing live-in relationship issues. The implementation of such a system had the potential to bridge gaps in its accessibility, thereby contributing to a more inclusive and efficient legal framework for individuals who are passionately involved in live-in relationships.

Realizacja prawa do prywatności w rozumieniu poszanowania życia rodzinnego i wykonywania opieki rodzicielskiej w warunkach ubóstwa. Uwagi na gruncie wybranych norm prawa międzynarodowego publicznego i Europejskiej konwencji praw człowieka

Interference in family life is a particular form of threat to poor families, especially when the only impetus for state action in the form of an interference in the right to privacy is the poor material situation of the family. The article reflects on the possible threats to the realisation of family life within the framework of the right to privacy established under public international law, in particular the International Covenant on Civil and Political Rights, the Convention on the Rights of the Child and the European Convention on Human Rights (ECHR). In the view of the Human Rights Committee, the family should be oriented towards enabling the child to remain in the care of his or her parents or to return to their care or to other family members. The Committee on the Rights of the Child points out that the implementation of the right to privacy prohibits the recognition of material poverty as a basis and justification for taking a child out of parental care and into foster care. The European Court of Human Rights case law presented in the article confirms that children from poor families are at risk of being taken away from their parents and placed in foster care due to the financial status of the family, which may constitute a violation of the Article 8 of the ECHR. The fact that state authorities wrongly equate the lack of sufficient resources to support the family with child neglect poses a threat to the family life of poor individuals. Victims of violations of family bonds through harm to the private lives of family members should be protected under the human rights system. The following analysis makes it possible to identify the relevant problems from the point of view of the impoverished person or/and family, such as the questioning of parental capacity as a consequence of the erroneous equation of poverty with child neglect, or the withdrawal of the right to material assistance, all of which affect the realisation of family life, and further enables the identification of legal remedies for protection.

ECTHR case law on legal liability for offences in the field of environmental protection environment

Pursuant to Article 55 of the Constitution of Ukraine, everyone has the right, after exhausting all national legal remedies, to apply for protection of their rights and freedoms to the relevant international judicial institutions or international organisations of which Ukraine is a member or participant [1]. One of such organisations is the European Court of Human Rights (ECTHR), which decides on the establishment of violations of human rights enshrined in the Convention for the Protection of Human Rights and Fundamental Freedoms (CCHR). Given that Ukraine has recognised the jurisdiction of the ECTHR and the principle of extending its judgments to third states that are not parties to the case, we consider the study of the Court’s case law to be a necessity for the member states.
 This article analyses the ECTHR case law on legal liability for environmental offences. Based on the results of the study, it is found that the peculiarity of the ECTHR judgments in cases concerning environmental offences is the absence of direct enshrining of “environmental” rights in the Convention, and the establishment of the components of such offences by interpreting the existing rules in each individual case.

Advocacy Model for Combined Process (Med-Arbitration)-Based Resolution of Industrial Relations Conflicts Between Trade Unions and Businesses

<em>In the process of settling labor-management conflicts, trade unions play a crucial role for employees, employers, and trade unions themselves. According to Law Number 2 of 2004 concerning Industrial Relations Dispute Settlement, disputes about labor relations are settled through Bipartite, Tripatrit (labor relations mediation, conciliation, and arbitration), and if non-litigation legal remedies (apart from arbitration) fail, the matter is then brought before the Industrial Relations Court. Due to its proven effectiveness in resolving commercial conflicts, the combined process (med-arb) idea is thought to facilitate dispute resolution in industrial relations problems. Two issues are addressed in this research: the idea of combined process (med-arb) as it applies to the resolution of labor-union disputes with employers and the idea of legal certainty in the process of using combined process (med-arb) to resolve labor-union disputes with employers.</em>

Keeping Corporations in the Courts: A Framework for Addressing Jurisdiction over Corporate Defendants in Class Action Litigation

In a series of recent cases, the Supreme Court has made it significantly more difficult for plaintiffs to seek legal redress against corporations by limiting the power of courts to exercise personal jurisdiction over corporate defendants. Beginning in 2011, the Supreme Court limited the inquiry around where a corporation might be subject to general, all-purpose jurisdiction for claims against it. Then, in 2017, in Bristol-Myers Squibb v. Superior Court of California (“BMS”), the Court constrained the ability of plaintiffs to join together to sue a corporation when those plaintiffs were harmed by the corporation in different states. Importantly, these decisions left open whether these jurisdictional constraints apply to class actions. This Note argues that because of the important role that class actions play in corporate accountability, it is essential that these limitations not be extended to the class action form. In summary, if the Rule 23 class action certification criteria are met and if the court has jurisdiction over the defendant with respect to class representatives’ claims under current personal jurisdiction doctrine, then the court should impute jurisdiction over that defendant with respect to the claims of class members. Part II of the Note details the scope of the aforementioned string of cases and discusses the scholarly, judicial, and popular responses to the potential applicability of BMS to class actions. Part III identifies the problems with applying BMS to class actions, focusing on the importance of private enforcement in maintaining corporate accountability and the essential role that the class action form plays in that process. Finally, Part IV considers the legal, policy, and normative considerations associated with limiting the scope of BMS and proposes solutions for how to limit BMS in the class action context.

Обеспечительные меры при проведении торгов в банкротстве

In Russia the number of bankruptcy cases remains at a consistently high level, while the vast majority of them are of a liquidation nature. Debtors’ property is massively sold at public bidding, the results of which are very difficult to challenge. So there is a need to use operational legal remedy — interim measures. Interim measures in bankruptcy cases are needed even more than in other cases, because they help to balance the many conflicting interests. The article contains analysis of measures that are applied by the antimonopoly authority and the court during bidding in bankruptcy. Also the author considers interim measures, which are provided during challenging bidding and distributing money received as a result of the sale of collateral. In addition, the article describes the consequences of a violation by the bankruptcy manager of interim measures and the possibility of compensation for losses caused by interim measures during bidding in bankruptcy. The author concludes that the skepticism of the legal community regarding the providing of interim measures during public bidding in bankruptcy cases is exaggerated, the courts are ready to apply them.

Perlindungan Hukum Terhadap Konsumen Pada Jual Beli Hewan Peliharaan Secara Online Di Kota Jambi

Online buying and selling transactions are basically the same as buying and selling in person, the difference is the media used. Internet media makes buying and selling online more effective and efficient. Buying and selling pets online is one of the choices in using transactions through the world of the internet. The purpose of this research is to identify and analyze legal protection for consumers in online pet buying and selling transactions in Jambi City and to find out and analyze what legal remedies can be taken by consumers if their rights are harmed in online pet buying and selling transactions in Jambi City. The research method used in this thesis is a type of empirical juridical research, the nature of the research in this thesis is descriptive research, the data used consists of primary data and secondary data, the data collection method used is field study and library research, the data collection tools are carried out namely the study of documents and interview guidelines, and the analysis of the data used in writing this thesis is a qualitative analysis. The results of this study indicate that consumers in buying and selling pets online in Jambi City have legal protection which is explained in the Consumer Protection Act. Consumers whose rights have been impaired can also make efforts to get their rights back through BPSK or LPKNI. Several Internet media in the form of applications have also provided complaint services on their applications so that consumers can seek their rights which have been harmed by business actors. But only certain applications.

THE ELIMINATION OF THE LEGAL DEFECIENCIES OF FINAL JUDGMENTS

The final convicting verdict marks the beginning of the process of enforcing the final court decision, as stated in the formal pronouncement of the judgment passed by the court. The court verdict evolves from a thorough and meticulous factual reonstruction of the criminal act, and the application of the criminal code norms to the determined facts. The institutionalised reaction to the offender’s suspected wrongdoing is crowned by the final verdict, passed in the closing stages of the court proceedings. Filing an appeal against the final verdict ensures the supervision of the legality and the regularity of the verdict rendered during the first-instance proceedings. The court’s decision about the legal remedy is final and executive. The consequences of any deficiencies present in the final verdict may be removed only by a decision passed by a high court in the proceeding initiated by extraordinary legal remedies. The final verdict can be annulled because of its factual or legal deficiencies. This paper examines the deficiencies of the legal grounds of the final verdict.

Urgensi Perjanjian Perkawin dalam Upaya Suami atau Istri Tidak Terpenuhinya Kewajiban Atas Harta Bersama

The legal consequence of a marriage is that the wife's property becomes the husband's property, and vice versa, this is the beginning of what is called joint property. However, there are efforts to separate inherited assets between the husband's assets and the wife's assets. The Marriage Agreement between Mr. PAT and Mrs. P is about the husband's obligations and the wife's rights, such as when the marriage takes place, objects that are not in the husband's name become the property of the wife. The formulation of the problem that arises is whether the legal recourse if joint property objects which cannot be proven to be owned in the husband's name will become the property of the wife and what legal remedies can be taken if one party does not carry out its obligations in accordance with the contents of the agreement. The research method used is normative law by examining statutory regulations and the articles in the marriage agreement between Mr. PAT and Mrs. P which contain legal issues regarding joint property. The results of the research show that there are no regulations which stipulate that joint objects which cannot be proven to be in the name of the husband may not belong to the wife or his heirs, the Marriage Agreement is a halal cause and does not conflict with anything. The legal remedy if there is a violation of the marriage agreement is a lawsuit for breach of contract or you can file a lawsuit for divorce/talak in the District Court according to the contents of the marriage agreement.