Legal Responses Research Articles

Confronting Cybercrimes Under the Provisions of Public International Law

This study emphasizes the urgent necessity for constant updates and improvements to the international legal instruments so that they can cope up with the sophisticated and dynamic nature of the cyber threats. A major emphasis is given to the importance of the international cooperation and the harmonizing of the law enforcement practices across the world by under- standing the fact that the cybercrime has the transnational character and would be ineffective if competed by a nation in isolation. This study mentioned the ethical issues and the privacy concern when cyber law enforcement is being mentioned. It emphasizes on the need for bal- ancing the security measures and the protection of rights of individuals and their privacy as a huge concern and the approach for the authorities on the gathering data of individual to the organization recommended to be balanced. It recommended on the legal framework which are transparent, clear and proportionate with the surveillances and the data gathering, the framework can also imply with the oversight to prevent any abusive and malicious use of the approval and data gathering. Looking forward, the future for the international law that com- bats the crime such as the cybercrime in the cyberspace is yet and will continuously evolve, as the threat evolving, the legal response and the mechanism of the cooperation will need to remain in place. The paper also restated that the adaptability and the ethical consideration and the cooperation by the international community are the spectrum of the way to ensure the legal strategies to protect the cyberspace and the rule of law and human rights in digital age.

Translation of knowledge and scientific criteria: concepts of the modern theory of military law

The subject of the work is a theoretical and legal study of the essence of the modern theory of Military Law based on the analysis of the premises formed in this field of knowledge and the study of some breakthrough developments conceptualized recently. The authors state and substantiate the thesis that today the study of Military Law as a field of knowledge in the light of the need to ensure military security with the development of trends in the restructuring of the global legal order and the emergence of new challenges and threats is becoming increasingly in demand. Purpose. Generalization of modern essential aspects and theoretical constructs of Military Law in the modern scientific picture of the world. Methods. The study was carried out on the basis and with the help of the application of systemic and axiological approaches, as well as methods of analogy, generalization, analysis, concretization and formal legal research. It is also worth noting the formal legal method used by the authors in the work, which made it possible to get to know the systems of Military Law and military legislation as widely as possible. Conclusions. The prerequisites for the conceptualization of Military Law as a branch of legal science have been observed in social and humanitarian knowledge for a long time, this is clearly evidenced by theoretical and practical developments by major domestic experts. Military Law today as a coherent scientific theory, provides a legal and scientific response to modern challenges and threats to the country’s military security. This was creatively taken into account and interpreted in the present study. Within the framework of a theoretical study, an analytical and synthetic knowledge of the characteristics of the modern concept of military law that have developed in science is carried out, it is noted that in terms of its essential and value-semantic core, functions and method, it fully meets the criteria of scientific character and accumulates theoretical generalizations about it as a branch of law. The resultant author’s generalization carried out is an important step in concretizing the theoretical and legal foundations for the formation and improvement of Military Law as a science and academic discipline.

Status of the natural resources of celestial bodies: novelties of the practice of states

The absence of clauses on the legal regime of the natural resources of celestial bodies in the Outer Space Treaty, together with the development by the United States with its partner states of favourable legal conditions for their legal entities and individuals for the mining of space resources on celestial bodies, has highlighted the need for scientific proposals on the relevant Russian legal response. The article after analysing the legislative and treaty acts of the United States in the general context of International Space Law makes such initial proposals.

Dynamics of the Russia-Ukraine Conflict: Analysis of Indonesia's Political Attitudes and International Legal Responses

This study analyzes the conflict between Russia and Ukraine and Indonesia's response to the conflict. In the context of this global conflict, constructivism theory reveals the important role of social norms in shaping foreign policy. Indonesia's foreign policy stance, which prioritizes the principles of freedom of activity and non-interference, is in the spotlight in dealing with this conflict. In addition, aspects of international law are also analyzed, highlighting Russia's violations of international legal norms. Indonesia's response reflects diplomacy and a neutral stance in an effort to stop the use of military force. This study identifies lessons that Indonesia can draw from this conflict to strengthen its role as an active player in maintaining international peace and security.

Gender identity differences in the experiences of family stressors and violence among transgender and non-binary individuals in China.

Emerging research has demonstrated that transgender and non-binary (TNB) individuals face an elevated risk of experiencing family rejection and violence. However, there remains a significant knowledge gap regarding how TNB individuals manage stressors and their gender identity within the family context, particularly in regions where TNB individuals are highly stigmatized and where legal protections against family violence are lacking. The present study represents one of the first pioneering efforts to provide large-scale quantitative data examining the experiences of family stressors, the management of gender identity and expression, and family violence among TNB individuals in China. A national sample of 1063 TNB individuals in China was involved in the study. They completed questionnaires about their experiences of family stressors and violence. The results indicated that 76.0% of TNB individuals reported having encountered at least one form of violence perpetrated by their family members. Transfeminine individuals were more likely to report experiencing emotional and physical abuse, whereas transmasculine individuals were more likely to be subjected to gender identity and/or expression change efforts. Family stressors, including family non-acceptance and the pressure to marry and reproduce, were positively associated with non-disclosure of gender identity, the suppression of gender expression, and family violence. The findings underscore the substantial burden of family violence borne by TNB individuals in China, which warrants immediate legal, institutional, and social responses. Trans-inclusive family violence prevention and intervention are urgently needed, with a focus on Chinese cultural factors and gender identity differences in violence screening and risk assessment.

The widow and the notary: death, gender, and legal culture in the Jewish and Christian communities of medieval Catalonia

ABSTRACT When men died in medieval Catalonia, their widows went to the notaries. This article traces the ways in which Jewish and Christian women negotiated legal culture in response to their husbands’ deaths in Catalan cities between 1250 and 1350. Death required deeply practical responses as well as emotional ones: the administration of the estate of the deceased was often a pressing concern. Both Jewish and Christian women relied on a variety of legal institutions to safeguard their own and (in some cases) their children’s financial futures as they entered widowhood. Through a combination of Latin notarial documentation and Hebrew responsa literature, this article compares Jewish and Christian women’s legal responses to the deaths of their husbands. Jews navigated Christian legal institutions and sometimes adapted Christian customs. Yet they also maintained distinct practices, and Jewish widows and their families maneuvered between Christian notaries and Jewish rabbinic authorities as they shaped their individual legal responses to the life-changing deaths of their husbands.

The relationship between law and technology: comparing legal responses to creators’ rights under copyright law through safe harbour for online intermediaries and generative AI technology

ABSTRACT The governance of AI, and now generative AI, is becoming a significant issue of concern for intellectual property law and legal regulators across the world. This article addresses this from the perspective of how the law responds when it is perceived as an obstacle to technological development and progress. It demonstrates, through the example of ‘safe harbour’, the ease with which the legal rights of copyright holders were compromised for technological progress, the problems and public backlash this led to, and how this can be seen to be reflected in a more cautious approach being taken now by some legislators against further weakening the rights of copyright holders in the name of generative AI technology. As a case study of copyright law’s reaction to challenges posed by the internet and AI technology, it re-affirms the law’s role as a fundamental safeguard of basic rights and the often necessary requirement for it to provide creative and proactive ways to ensure society can enjoy the benefits of technological progress while protecting our normative and practical liberties.

Legal Risk Prevention for Personalized Recommendation Algorithms

Abstract Personalized recommendation algorithms, designed to cater to users’ individualized preferences and enhance the efficiency of Internet information services, have inadvertently precipitated significant legal risks, notably the potential for user privacy breaches. This development necessitates prompt and appropriate legal responses. This paper presents an approach utilizing cosine similarity and Pearson correlation to establish a set of nearest neighbors, facilitating the identification and querying of the closest users based on similarity metrics. Subsequently, we implement a collaborative filtering recommendation algorithm tailored to these personalized settings. We thoroughly evaluate the legal risks associated with the application of customized recommendation algorithms, supplemented by detailed case analyses. The Pareto chart of risk crisis factors reveals that the frequency of issues related to policy legislation and technical concerns are 165 and 95, respectively, cumulatively accounting for 46.68% of the probability share—nearly half of all identified factors. This highlights the critical need for focused attention in these areas. Furthermore, our analysis calculates the probability and severity of data leakage across various paths within the recommendation process. Results indicate severities of 0.029, 0.0333, 0.0409, 0.0447, 0.0481, and 0.165, with the most significant vulnerability appearing in the final recommendation phase to the user, underscoring the imperative to prioritize data privacy in this module. In response, we propose modifications to the existing models to incorporate principles of differential privacy, aiming to mitigate these legal risks and enhance the security and reliability of personalized recommendation algorithms. This initiative is essential for aligning technological advancements with stringent privacy standards and legal requirements.

Displacement And Legal Response in Mozambique: Mapping Gaps to Explore Existing Beyond Solutions

Displacement And Legal Response in Mozambique: Mapping Gaps to Explore Existing Beyond Solutions

Counterfeit and Substandard Medical Products: Zambia’s Legal Response

Counterfeit and Substandard Medical Products: Zambia’s Legal Response

Children betrayed: The unseen victims of domestic violence and how law enforcement can better protect them

Abstract Domestic violence is a commonplace and serious societal problem with vast public health and economic consequences. Childhood exposure to domestic violence can blight children’s biological and social development. Often, local police departments are first responders to domestic violence. This is because danger is associated with these events, which requires police presence. Yet, children are often unseen victims of domestic violence. In general, law enforcement agencies (i) are ill-equipped to identify the risks experienced by children; (ii) struggle to find alternative outcomes for children at risk other than removal or criminalization; (iii) do not use scientifically informed assessment tools which might improve their interactions with children; and (iv) inconsistently share data with other agencies in a timely manner. Moreover, gaps in criminal legal, child welfare, and family court responses to violence in the family create circumstances where children may fall through the cracks. Positive interventions in relation to domestic violence and children who suffer as a result of it should be viewed as a public priority. Improving responses to these issues should be reframed as (i) a way to reduce the amount of future violent crimes committed, and (ii) reduce the resource burden felt by public services. This commentary discusses the scope and scale of children’s exposure to domestic violence and child maltreatment and discusses international best practices that can serve as models to improve law enforcement’s response to children.

Legal Challenges and Responses to Artificial Intelligence-Assisted Decision-Making in the International Economic Law System

Abstract Legal judgment prediction is becoming a research hotspot in the legal field as an important artificial intelligence-assisted decision-making tool in legal case management, which is able to predict judgment results. In this paper, data from the 2018 China Law Research Cup competition is gathered, and the dataset is preprocessed in the context of international economic law. Then, a multi-task model for legal verdict prediction is proposed, and the training optimization and prediction of the model are designed using CNN, RNN, and LSTM as the semantic coding layer. The model proposed in this paper achieves a significant improvement of 8% and 6% in the accuracy of the model in the prediction of the charging task and the legal sentence task, respectively. In case outcome prediction, the accuracy of the model proposed in this paper is improved by 14.6% on average compared to the feature model-based modeling approach.

Legal Alchemy in Defence of the Displaced: a Canvas of India's Legal and Juridical Response to Refugee Rights

Legal Alchemy in Defence of the Displaced: a Canvas of India's Legal and Juridical Response to Refugee Rights

Climate Change Litigation: A New Frontier for Environmental Law and Policy

Climate change litigation has emerged as a pivotal frontier in environmental law and policy, serving as a catalyst for transformative legal and policy responses to the complex challenges posed by global climate change. This paper presents a comprehensive framework that systematically explores the multifaceted dimensions of climate change litigation. Beginning with an overview of the current climate crisis and its impact, the paper analyzes the legal foundations at both domestic and international levels, considering key environmental law principles that underpin litigation strategies. The study categorizes climate change litigation into distinct types, highlighting landmark cases and assessing evolving legal strategies. Challenges and opportunities faced by litigants and legal systems are scrutinized, emphasizing the crucial role of non-governmental organizations and civil society in advocacy and policy influence. The paper concludes by examining policy implications, forecasting future trends, and providing recommendations for stakeholders to enhance the efficacy of climate change litigation within environmental law and policy.

When Computers Say No: Towards a Legal Response to Algorithmic Discrimination in Europe

When Computers Say No: Towards a Legal Response to Algorithmic Discrimination in Europe

О ПРАВОВОЙ КУЛЬТУРЕ И ПРАВОВОМ ВОСПИТАНИИ ЧЕРЕЗ ПРИЗМУ НАУЧНОГО НАСЛЕДИЯ ПРОФЕССОРА А.С. БОНДАРЕВА

the problem of raising the level of legal culture of Russian society is of particular importance, taking into account the current political vector of the formation of state ideology and the national and cultural revival of Russia. Modern radical transformations of all spheres of public and state life cause changes in legal thinking and legal behavior – accordingly, such classical ways of forming legal culture as: legal education, legal education, legal propaganda require legal response. The article examines the state of the modern legal culture of Russian society, taking into account its historical context. The analysis of the formation of the legal culture of society, its content and structure is carried out, the concept of the form of legal education is revealed, the ways, forms and methods of its formation are determined. Various positions on the phenomenon of legal culture, definitions of forms of legal education are investigated, problems of the deve­lopment of legal culture are revealed.

Prognostic factors of first intimate partner violence among ever-married women in Sub-Saharan Africa: Gompertz gamma shared frailty modeling.

Violence against women, particularly intimate partner violence, is a significant Concern for public health as well as a violation of the human rights of women especially in low and middle-income countries. However, there was limited evidence how soon an ever-married women experience intimate partner violence in Africa. Therefore, this study aimed to investigate the timing of first intimate partner violence (FIPV) among ever-married women in 30 SSA countries and to identify the risk factors of the timing. The present study has utilized 125,731 weighted samples, who participated in the domestic violence module of the survey from Demographic and Health Surveys of 30 SSA countries. The Gompertz gamma shared frailty model was fitted to determine the predictors. For model evaluation, the theta value, Akaike Information Criteria (AIC), Bayesian Information Criteria (BIC), and deviance were used. The Adjusted Hazard Ratio (AHR) with a 95% Confidence Interval (CI) was reported in the multivariable Gompertz gamma shared frailty model to highlight the strength and statistical significance of the associations. One-third (31.02%) of ever-married women had reported experiencing IPV. The overall incidence rate of FIPV was 57.68 persons per 1000 person-years (95% CI = 50.61-65.76). Age at marriage, age difference, educational status, employment, residence, women's decision-making autonomy, husband who drink alcohol and wealth status were significantly associated with the timing of FIPV. The findings show that ever-married women are at high and increasing risk of violence. Thus, we recommend establishing effective health and legal response services for IPV, strengthening laws governing the sale and purchase of alcohol, empowering women, raising the educational attainment of women, and putting policies in place to combat the culture of societal tolerance for IPV all contribute to the empowerment of women.

The Legal Response of Data Security Protection—From the Administrative Penalty Cases

The Legal Response of Data Security Protection—From the Administrative Penalty Cases

Research on Due Process Risks and Legal Responses of Algorithmic Administration

Research on Due Process Risks and Legal Responses of Algorithmic Administration

Legal Responses to Work-Related Intimate Partner Violence in Canada: Troubling Privatization

Legal Responses to Work-Related Intimate Partner Violence in Canada: Troubling Privatization