Legal Responses Research Articles

Response Strategies to Legal Risks of Big Data-Enabled Digital Economy

Under Beijing-Tianjin-Hebei's strategy of its simultaneous development, the digital economy with its networked, digitised and intelligent industrial operations is developing rapidly, and big data is both the object of its production and creation, and can also provide legal protection for the digital economy. Although the use of big data in practice is gradually increasing, it has not been fully embraced at the legislative, law enforcement and judicial levels as an adaptive means of safeguarding the digital economy. Big data can promote digital industrialisation and industrial digitisation, help digital rights and maintain intellectual property rights, regulate the platform economy against monopoly and unfair competition, accelerate data sharing and help protect personal information, can effectively make up for the existing laws and regulations and the traditional regulatory model of the digital economy of the soil and soil, so the law to absorb big data to solve the risks of the digital economy is imperative. Big data should be based on the different needs of criminal, civil and administrative laws, respectively; legislation for high-tech crimes, protection of personal information and intellectual property rights; law enforcement for the platform economy, anti-monopoly and anti-unfair competition, and tax evasion; and judiciary for the evidence of big data, the introduction of talents and smart work models, to build a legal risk response strategy for the synergistic development of the digital economy empowered by big data.

Healthcare and legal systems responses to coercive control: an embodied performance of one woman’s experience

ABSTRACT This paper uses a drama-based method to illustrate the responses of healthcare and legal systems to women experiencing coercive control. This approach involved writing a play using the first-person narrative voice of a victim-survivor. We presented the play at the Stop Domestic Violence Conference (Gold Coast, Australia) in 2021. The central character, ‘Kate’, provided an embodied performance that enabled the conference participants to see, feel and understand experiences of coercive control from a personal perspective. We followed the trajectory of coercive control from the beginning of an intimate relationship to the time of separation. We showed how the process of coercive control escalates from love bombing, reproductive coercion, isolation, and technology-facilitated abuse until a point of police intervention. As Kate told her story, the conference audience witnessed the barriers and challenges faced by survivors of coercive control, and the emotional, financial, and psychological impacts that are intensified in geographically remote environments. They watched Kate navigate health and other systems meant to help women experiencing domestic and family violence, but that ultimately failed to deliver. Finally, the drama-based approach allowed us to present a feminist embodiment of coercive control and an innovative method for communicating inter-disciplinary research findings on domestic abuse.

The Constitutionality of Inheritance Rights for Extramarital Children: Assessing the Legal Response under Balinese Customary Law

This article analyzes the inheritance rights of extramarital children under the post-Constitutional Court decision of Balinese customary law. Any child born of unmarried parents or out of adultery is stigmatized as an extramarital child (walad al zina) for his entire life and forbidden from inheriting an estate from his biological father. This legal issue is chosen as the main subject of this study is because of the legal circumstance in which the Balinese community does not grant status to extramarital children in matters of inheritance from the Purusa line. Hindu-Balinese religious leaders such as Parisada and the Traditional Village Council have never upheld the Constitutional Court’s ruling that states that children born out of wedlock have civil relations with their biological fathers. Islamic religious leaders have followed up on the Constitutional Court’s decision by issuing a fatwa of the Indonesian Ulema Council (MUI). The fatwa imposes an obligation on biological fathers to separate their wealth for a guarantee of life to children. Applying the statutory approach, conceptual approach, sociological approach, and case approach, it can be understood that children born out of wedlock (the Balinese call it begin at children) have no status as heirs in the Purusa line but have inheritance rights from their mother and their mother’s family.

Child Sexual Abuse Reported by Adult Survivors: Legal Responses in England and Wales, Ireland and Australia, by SineadRing, KateGleeson and KimStevenson. NewYork, Routledge. 2022. pp350. £120 (hardback); £36.99 (eBook) ISBN: 9781138605350

Child Sexual Abuse Reported by Adult Survivors: Legal Responses in England and Wales, Ireland and Australia, by SineadRing, KateGleeson and KimStevenson. NewYork, Routledge. 2022. pp350. £120 (hardback); £36.99 (eBook) ISBN: 9781138605350

Troubling Decriminalization

Abstract In the context of a fiercely polarized battle on the correct legal response to prostitution, sex workers and their advocates often advance decriminalization as a policy that can protect rights and provide improved health and safety for those involved in the sex industry. And yet this policy, after an initial implementation in New South Wales in 1995, has failed to gain much legislative support in jurisdictions outside Australia and New Zealand. This article moves beyond normative arguments regarding the benefits and limits of decriminalization. Drawing on governmentality approaches, it asks: What discursive conditions made decriminalization possible? In doing so it examines the construction of sex work as a health problem and the normalization of “sex work,” arguing that both can be grounded in a neoliberal problematic of governance.

The Role of International Law in Addressing Transnational Cybersecurity Threats: Challenges and Opportunities

As the world becomes increasingly interconnected, the proliferation of cyber threats poses significant challenges to global security and stability. the role of international law in addressing transnational cybersecurity threats and explores the challenges and opportunities associated with its application in this context. Drawing on existing legal frameworks and case studies, the paper analyzes the effectiveness of international law in regulating cyberspace and mitigating cyber risks. Furthermore, it explores the evolving nature of cyber threats and the need for adaptive legal responses to address emerging challenges. By examining the intersection of international law and cybersecurity, this paper seeks to contribute to a deeper understanding of the complexities surrounding cyber governance and the potential avenues for enhancing global cybersecurity cooperation.

인공지능과 인권

Human rights and artificial intelligence are two important concepts that interact with each other in today's rapidly developing digital age. How will artificial intelligence technology affect human rights that are spreading throughout people's lives? This question has become an increasing focus of attention. Artificial intelligence is the field that enables computer systems to simulate human-like thinking and decision-making capabilities. However, some of the problems that arise from artificial intelligence may have a direct impact on human rights. The interaction between human rights and artificial intelligence is a complex problem. While artificial intelligence technology has the potential to harm people and human rights, it also has great potential to be used to protect and promote human rights. Therefore, artificial intelligence technology must be developed and used while observing human rights through an approach supported by an ethical and legal framework. In this paper, after reviewing human rights issues such as artificial intelligence and freedom of expression, artificial intelligence and freedom of privacy, artificial intelligence and bias, hate, discrimination, artificial intelligence and defamation, artificial intelligence and copyright, we will discuss the issue of legal response to artificial intelligence. Regarding the relationship between the state and science and technology, the Constitution stipulates that “the state shall endeavor to develop the national economy through innovation of science and technology and the development of information and manpower (Article 127), and the rights of authors, inventors, and scientists are protected by law (Article 22).” It declares that the state will actively plan and form for the promotion of science and technology and lead in a certain direction. In relation to these constitutional provisions, the establishment and implementation of science and technology policies can be seen as an important duty given to the Republic of Korea as a democratic welfare state. It can be said that the main legislative duty is to achieve a balance between the value of promoting the development and utilization of artificial intelligence systems and the appropriate response to the risks that artificial intelligence can pose. To achieve a balance between artificial intelligence and human rights, it is necessary to comply with ethical values, use transparent and responsible systems, update legal regulations, and adopt an approach that guarantees stakeholder participation. By doing so, we will be able to build a future where human rights are protected while taking advantage of the potential benefits of artificial intelligence.

Trauma‐informed lawyering in the context of civil claims for sexual violence

AbstractOver the last decade, there has been an increase in civil compensation claims for sexual violence in the United Kingdom (UK). Given that trauma‐informed approaches have been called for in relation to legal responses to sexual violence, we put forward seven key principles of trauma‐informed lawyering in this context and draw on interviews with UK‐based civil lawyers who represented sexual violence survivors to explore the extent to which trauma‐informed work is taking place. While we found that our sample of lawyers typically had a very good knowledge of sexual violence and the trauma that it can cause, there was less certainty about how to accommodate the impacts in practice. Moreover, there was a tendency to prioritize individual healing and medicalize a form of social injustice. We conclude by emphasizing the need for legal training and education on a trauma‐informed approach that accounts for the social and political dimensions of sexual violence and trauma.

Drug Use Stigma and Public Preferences for Public Health Versus Legal System Responses

This study explored what perceptions and beliefs about substances and substance users, personal experiences, and network experiences with substance use were related to people’s preferences for public health and legal system responses to substance use. Social context was also considered, including location of residence, political ideology, and a sense of insecurity. Data were from the Nebraska Annual Social Indicators Survey, a cross-sectional omnibus mail survey of public attitudes in Nebraska, conducted in fall 2021. Approximately 1700 adults completed the survey. Controlling for demographic characteristics, the study found stigmatized attitudes about substance use, limited or no personal history with substance use, rural residence, and political conservatism were associated with more support for legal system responses. In contrast, less stigmatized attitudes about substance use, personal history of marijuana use, urban residence, political liberalism, and a sense of security were all associated with more support for public health responses.

From distress to anger to shame: Gender violence, empowerment, and emotional states in Ecuador

AbstractChanging discourses and laws related to women's rights and intimate partner violence (IPV) in rural Ecuador have profoundly reshaped how local women experience and respond to violence. Women once understood violence as one strand of social suffering embedded in everyday rural life, and they resisted and managed this violence through various collective idioms of distress. Over the last two decades, however, state and non‐governmental organization (NGO) campaigns have isolated gender violence as a discrete phenomenon, emphasizing the “wrongness” of IPV, the validity of righteous anger, and the importance of a legal response to secure the separation of “liberated” women. In this article, I draw on 20 years of fieldwork to discuss how emotional responses to gender violence have shifted in tandem with changing state and transnational discourses and policies in the coastal region of Las Colinas. A deep disjuncture between neoliberal discourses of feminist empowerment and the material reality of rural women's life options leaves many women experiencing new forms of shame when they are unable to turn anger into liberation and escape gender violence in their families and communities. Focusing on the emotional states that states create reveals how political‐economic and discursive shifts are mediated through emotions and collective idioms.

Violation of laws and customs of war (Article 438 of the Criminal Code of Ukraine), committed on behalf of and in the interests of the Russian Federation: problems of criminal legal response

The article is devoted to clarifying the question of whether criminal measures can be applied to legal entities in the event of an authorized person committing a crime on behalf of and in the interests of a legal entity under Article 438 of the Criminal Code of Ukraine. Based on the interpretation of the norms provided for by paragraph 4 of part 1 of Article 96-3 and part 2 of Article 96-4 of this Code, a legal conflict has been identified, which consists in the presence of a declarative norm on the possibility of applying such measures in this case (paragraph 4 of part 1 of Article 96-3 of the Criminal Code of Ukraine) and a norm that excludes such a possibility (part 2 of Article 96-4 of this Code). It offers the basis of application of measures of criminal and legal nature in relation to legal entities to consider through the prism of a set of three conditions (components), namely: 1) commission by an authorized person of criminal offenses provided for in a specific paragraph of part 1 of Art. 96-3; 2) committing these criminal offenses on behalf of and/or in the interests of a legal entity (depending on its wording in the relevant paragraph); 3) belonging of legal entities to the type provided for in Art. 96-4 of the Criminal Code of Ukraine. It is established that, in view of the legal status of combatants who are involved by the State in armed conflicts of an international or non-international nature and take part in hostilities on the side of the relevant belligerent party in the composition of regular and irregular troops, are representatives of this party, that is, they act on behalf of and in the interests of the relevant governments, the State that involved them in hostilities. Such combatants, accordingly, act on behalf of and in the interests not only of the state, but also of the relevant state formation, including military ones. At the same time, in case of committing such unlawful acts by an authorized person of the state or a legal entity under the effective control of the state or a subject of state property, it bears exclusively civil responsibility for the benefit received and the damage caused (part 2 of Article 96-4 of the Criminal Code of Ukraine). It is proposed to eliminate such a conflict by excluding from paragraph 4 of Part 1 of Article 96-3 of the Criminal Code of Ukraine an indication of Article 438 of this Code.

Analysing The Algorithm of Zoombombing as a Cybercrime in Digital Era: Legal Risks and Challenges

Zoombombing, the act of maliciously disrupting online meetings or gatherings on video conferencing platforms such as Zoom, has emerged as a prevalent cybercrime in the digital era. This paper examines the algorithmic mechanisms behind Zoombombing and explores its legal implications, risks, and challenges. By dissecting the tactics employed by perpetrators to infiltrate and disrupt virtual spaces, this analysis sheds light on the evolving nature of cyber threats in the context of remote communication technologies. Furthermore, it delves into the legal frameworks surrounding Zoombombing, addressing jurisdictional complexities, enforcement challenges, and the adequacy of existing laws in combating such cybercrimes. By considering the interplay between technology, law, and human behavior, this study aims to provide insights into mitigating the threats posed by Zoombombing and enhancing the legal response to cybercrimes in the digital age.

Gender-Based Violence and Carceral Feminism in Australia: Towards Decarceral Approaches

This article explores the limitations of criminal legal responses to gender-based violence in Australia, specifically sexual assault law reforms and the criminalisation of coercive control. We demonstrate that carceral horizons deployed to address gender-based violence cause further harm to survivors and overshadow diverse perceptions and practices of justice. We suggest that such an approach is inappropriate and dangerous in the Australian context, given the historical and enduring harms of colonisation and the extent to which the actors within and the structure of the criminal legal system perpetrate violence towards Indigenous survivors of gender-based violence. Drawing on insights from research on survivors’ justice needs, survivors’ experiences in the criminal legal system, and abolitionist, transformative, and Indigenous scholarship, we discuss the potential for alternative ways of conceptualising justice responses in the Australian context that move beyond and avoid further perpetuating the harms arising from criminal legal responses to gender-based violence.

Аспирантура как уровень профессионального образования и система развития кадрового потенциала высшей школы

Purpose. To analyze modern trends that influence the development of the potential of graduate school in the Russian Federation, to highlight the problems of scientific and technological development of Russia that require solutions, including through the training of highly qualified scientists. Methodology: the research was carried out on the basis of a complex of general scientific and special methods, including the method of formal logic, including analysis, synthesis, comparison, and a systematic approach. Conclusions. For the development of levels of professional education, including postgraduate studies, certain signals from the education system and labor market will be important. Along with recognizing the importance of the continuity of classical education and its fundamental nature, the need to improve the model of postgraduate education should be recognized at the same time. The graduate school of the O. E. Kutafin University (MSAL named after O. E. Kutafin) is in transformation mode in the context of interdisciplinarity, the formation of a culture of innovation and the search for advanced legal responses to global and national challenges. Scientific and practical significance. Studying the potential of graduate school in the context of modern scientific and technological trends will make it possible to develop directions for the further development of the system for training scientific personnel and their integration with the strategic objectives of the state.

Information Warfare in the Digital Age: Legal Responses to the Spread of False Information under Public International Law

Information Warfare in the Digital Age: Legal Responses to the Spread of False Information under Public International Law

보육교사의 교권침해 경험과 개선방안 탐색

The purpose of this study was to explore the meaning of childcare teacher’s infringement experience of right and improvement measure through a case study theory. For this end, interview were conducted with 13 child care teachers who were 3 years worked in child care center and the collected data were analyzed based by Creswell & Poth(2018/2021). The results of the study were as follows. First, the subjects of childcare teachers' infringement of teacher rights were divided into parents and childcare principal, fellow teachers and the media. When parents become the subject, childcare teachers experienced threats of declaration, down in self-esteem by verbal abuse and shouting, felling tired from endless work, inconvenience due to unwarrantable demands and intervention, and humiliation of being ignored. In addition, childcare teachers experienced demands and neglect from the childcare principal, unfair treatment, instructions and threats from fellow teachers, and misunderstanding and distrust of childcare teachers from the media. Second, the presented improvement suggestion about infringement of teacher rights by childcare teachers were raised parent education on respect for teacher rights, provision of protective measures, revision of guidelines and laws, and change in social awareness. These findings provide that the infringement of teacher rights of childcare teachers, it can be improved not only through institutional and legal responses, but also through parent education, improve the culture within the childcare and changes in social awareness.

Rule of law or not? A critical evaluation of legal responses to cyberterrorism in the UK

Currently the UK does not have a specific anti-cyberterrorism law, instead relying on existing anti-terrorism laws to deal with cyberterrorism. This approach raises a number of problems insofar as it can lead to legislative uncertainty and unpredictability, as well as impacting on carrying risks of over-criminalisation, a lack of counterbalance, violation of principles of proportionality and arbitrariness. In light of these problems, this article aims to offer a critical evaluation of the UK’s existing legal responses to cyberterrorism with reference to the rule of law and basic human rights principles, mainly focusing on the vague and overly broad definition of terrorism, a tendency towards criminalising a wide range of terrorism precursor offences online, pre-emptive strategies and aggravated punishment of cyberterrorism. Based on this analysis, the article argues that applying the extension of existing anti-terrorism laws to combat low-risk cyberterrorism activities runs the risk of exacerbating harms to the values of the rule of law.

Social conditionality: An adequate legal response to challenges faced by agricultural workers in the EU, or an example of redwashing within the Common Agricultural Policy?

This article provides a doctrinal legal analysis of the ‘social conditionality’ mechanism introduced in the latest reform of the EU's Common Agricultural Policy (CAP). Building on that analysis, the article proceeds to assess the likelihood of social conditionality improving the conditions of agricultural workers in the EU, thereby achieving the objectives set out for it by the EU legislator. The article concludes that due to numerous issues regarding its legal architecture, including limitations in its scope, the absence of novel requirements imposed on farmers, and the rather limited dissuasive effect of its enforcement mechanism, social conditionality is unlikely to improve the conditions for agricultural workers in the EU. Therefore, it is ultimately proposed that social conditionality might more appropriately be considered as an example of ‘redwashing’ within the CAP rather than an adequate legal response to the challenges faced by agricultural workers in the EU.

International Obligation to Counter Gender Apartheid in Afghanistan

The following article was first published in the Columbia Law Journal and is reproduced with permission and an updated introduction.
 Since they returned to power in August 2021, the Taliban are again imposing a regime of gender apartheid in Afghanistan in violation of international law, just as they did in the 1990s. Given that it is pervasively discriminatory, gender apartheid poses specific human rights problems requiring particular, heightened responses. A system of governance based on subordination of women institutionalizes sex discrimination across state political, legal, and cultural infrastructures. It necessitates different counter-strategies.
 This article suggests conceptual architecture for analyzing and responding to this aspect of the current Afghan crisis. Specifically, the robust international legal framework that helped end racial apartheid should be urgently adapted to address gender apartheid and concert the responses of other states to it. 
 There are three principal arguments in favor of this approach. 1) It is essential for fulfilling states’ international legal commitments on sex discrimination across every document in the International Bill of Human Rights, as well as the specific target they affirmed in the Sustainable Development Goals to achieve gender equality by 2030. 2) Any other stance leads to an unacceptable imbalance in the manner in which international law addresses discrimination on the bases of sex and race. 3) This may be the only way to effectively tackle systematic Taliban abuses, as the organization is deeply committed to its violations of women’s rights and already sanctioned by the United Nations Security Council. Such an approach marshals the resources of the international community to constrain the Taliban, and is the best hope for ensuring the credibility, legitimacy and effectiveness of the international legal response.

International Legal Dynamics in Combating Cybercrime: Challenges and Opportunities for Developing Countries

The surge of cybercrime in the contemporary digital landscape presents complex challenges, requiring an international legal framework to combat the evolving threats. This article delves into the international legal dynamics surrounding the fight against cybercrime, with a specific focus on the challenges and opportunities faced by developing countries. The research employs a comprehensive analysis of existing international legal instruments, treaties, and collaborative initiatives aimed at addressing cyber threats. The study identifies the multifaceted challenges encountered by developing nations in effectively combating cybercrime. These challenges include the lack of harmonization in legal definitions, jurisdictional complexities, and the rapid evolution of cyber threats outpacing legal responses. Additionally, resource constraints, limited technological capabilities, and varying legal frameworks across borders further complicate the enforcement of cyber laws. Amidst these challenges, the research highlights opportunities for developing countries to enhance their capacities in the global fight against cybercrime. Collaboration and information-sharing mechanisms, capacity-building initiatives, and the alignment of domestic laws with international standards emerge as key opportunities. The article emphasizes the importance of fostering international cooperation to facilitate the exchange of expertise and resources, ultimately fortifying the collective response to cyber threats. In conclusion, the article underscores the urgent need for developing countries to navigate the intricate international legal landscape in combating cybercrime. By seizing opportunities for collaboration and capacity-building, these nations can play a proactive role in shaping a more resilient global cybersecurity framework.