Legislative Reform Research Articles

How Effective Are Ireland's Monitory Mechanisms in Improving Its Child Protection and Welfare Services?

ABSTRACTChild protection and welfare systems are entrusted with significant power by governments and are therefore a significant focus of monitoring activities. Monitoring can help to build a better child protection system and to ensure child safety; track policy and legislative implementation and resource allocation; contribute to preventing systemic ‘failures’; provide data for system, policy, and legislative reforms; and support continuous improvement. The Irish system is worth examining for three reasons. First, Ireland has had a single state‐provided child protection and welfare service called the Child and Family Agency. Second, the system has been through a sustained period of development. Third, Ireland has one dedicated statutory authority called the Health Information and Quality Authority (HIQA). This article provides a case study of the strategies and mechanisms adopted by Ireland to monitor the operation, quality and development of its child protection and welfare system. We will show that there is significant direct and indirect monitoring and focus on child protection from regulators, civil society organisations, government agencies and committees and independent actors. Such monitoring has significantly influenced the development of policy, practice and the development of the child protection system in Ireland.

ინტეგრაციისა და რეინტეგრაციის ბენეფიციარების საჭიროების კვლევა

Georgia faces significant challenges, the main of which is the rapid and sustainable development of the country's economy in adherence to the principles of the free market, the establishment of institutions relevant to the modern European and universal democratic values system, the provision of social welfare, and integration into the European and Euro-Atlantic space. Overcoming these challenges and building a modern democratic state requires systemic changes in the management and implementation of state policy. Despite the legislative reforms implemented in the field of migration in recent years, the improvement of legal mechanisms for regulating this area remains a challenge, while certain issues still require legal regulation due to the needs of the beneficiaries. Based on the results of the survey, it is advisable to implement the following measures in order to better integrate internationally protected persons: promoting the teaching of the Georgian language, improving access to public services, employment assistance, budget increase of integration programs.

Environmental Risks Associated With Urban Development Projects in Kenya

Purpose: The aim of the study was to examine environmental risks associated with urban development projects in Kenya Methodology: This study adopted a desk methodology. A desk study research design is commonly known as secondary data collection. This is basically collecting data from existing resources preferably because of its low cost advantage as compared to a field research. Our current study looked into already published studies and reports as the data was easily accessed through online journals and libraries. Findings: The study revealed that urban development projects in Kenya present significant environmental risks that require careful consideration and proactive mitigation measures. The rapid urbanization and infrastructure expansion in Kenya's cities have been associated with various environmental challenges, including air and water pollution, habitat loss, soil degradation, urban heat island effects, and adverse impacts on human health. These environmental risks stem from factors such as increased vehicular emissions, industrial activities, improper waste management practices, deforestation, and inadequate urban planning and infrastructure. The concentration of population and economic activities in urban centers exacerbates these environmental pressures, further highlighting the urgent need for sustainable urban development strategies in Kenya. Unique Contribution to Theory, Practice and Policy: urban political ecology theory, environmental justice theory & sustainable development theory may be used to anchor future studies on environmental risks associated with urban development projects in Kenya. Prioritize the implementation of green infrastructure initiatives, such as green roofs, urban parks, and sustainable drainage systems, to mitigate environmental risks associated with urban development. Integrate nature-based solutions into urban planning and design processes to enhance ecosystem services, improve air and water quality, and reduce urban heat island effects. Advocate for legislative reforms and policy interventions that prioritize environmental sustainability in urban development planning and regulation. Implement stringent environmental impact assessment (EIA) processes for all urban development projects to ensure compliance with environmental standards and regulations.

Mining Law in Cameroon: A Blueprint for Investors in the Sector

Cameroon is currently at an important crossroads as far as the development of the mining sector is concerned. In recent times, the mining sector has undergone series of legislative reforms with the aim to spur the interest of investors in this sector of the economy. These legislative reforms have also been in line with the country’s vision to become emergent by 2035, with the mining sector been one of those sectors to spur the realization of this vision. This paper therefore aims at examining the extent to which the Cameroonian mining law has become a tool to attract investors in this sector of the economy which in the past decades has witnessed a downturn of investors. The paper makes use of the qualitative research methods. Despite significant strides that the Cameroonian government has made to make to lure the interest of investors, inadequacies of the mining law, lack of transparency and accountability, discrimination in terms of obtaining certain mining licences and political instability are the major setbacks that has hindered the continuous growth of the sector. It is in this light that the research recommends both nationals and non-nationals should be involved in artisanal mining, tax and customs incentives should not only be limited to holders of semi mechanized and industrial mining permits or licences, transparency and accountability should be strengthened through continuous publication of mining data and declaration of revenue obtained from this sector, and rehabilitation of the mining sites should be effectively supervised by the concerned body.

SUPERVISION OF FINANCIAL AUDIT ACTIVITY IN THE REPUBLIC OF MOLDOVA - REFORMS AND OPPORTUNITIES FOR MODERNIZATION

At present, financial auditing in the Republic of Moldova is supported by a legislative framework in line with international best practices and the EU acquis. However, the changing nature of services in the domestic audit market and the current challenges of meeting new quality management requirements are of interest for scientific research in this field. This paper aims to investigate the opportunities for modernization of the profession in the context of the attested reforms regarding the supervision of audit activity in the Republic of Moldova. The aim of the investigation is to highlight the importance of legislative reforms in order to increase the prestige and recognition of the professionalism of financial audit activities in the Republic of Moldova. In addition, this paper includes a study of professional qualifications in auditing and an analysis of the activities carried out by audit entities in recent years of monitoring the audit market by the supervisory authority. The issue of reforming the regulatory framework for the audit of financial statements in line with international good professional practice is considered. The investigation used the qualitative research method and the observation technique based on the analysis of national and international normative acts. The results indicate a good harmonization of the regulatory framework of the financial audit activity in the Republic of Moldova with the international practices in this field, which will contribute to the development of the domestic process of regulating the profession and at the same time will provide opportunities for modernization of the system of supervision of the quality of audit activity in the country.

THE IMPACT OF INTERNATIONAL INTELLECTUAL PROPERTY LAW ON NATIONAL LAW

The article examines the impact of international legal norms in the field of intellectual property on the national legislation. The focus is on analyzing key international treaties, such as the Paris Convention for the Protection of Industrial Property, the Berne Convention for the Protection of Literary and Artistic Works, and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). The mechanisms of adapting national legal systems to the requirements of international standards are explored, including legislative reforms and changes in enforcement practices.

Sexual Violence: Comparative Overview of German and Georgian Legal Perspectives

Abstract The issue of sexual violence that this article was tasked to deal with is neither new nor devoid of a regulating legislative framework. Moreover, a number of scientists from diff erent countries and institutions of the world have devoted their works to the topic under discussion, which has repeatedly been subjected to discussions in the European Court of Human Rights, International Criminal Court, and ad hoc tribunals. However, this article aspires to analyze the normative framework for the regulation of sexual violence in line with Article 36 of the Istanbul Convention in Germany and Georgia after the ratifi cation of the Convention in the last decade. The main focus of the study is the contentious interpretation of consent in sexual off ences. Due to the inevitable legislation reforms concerning sexual violence, this academic work examines new trends on regulating this issue in Western countries, especially in Germany, considering the historical ties of Georgian Criminal Code to German law. The article discusses sexual violence in general, providing a brief review of sexual violence legislation, where it is mainly presented by considering the international legal framework. Sexual violence and other sexual off ences according to Georgian and German criminal codes are presented in general terms and in a comparative manner. The article also explains rape in the light of its re-conceptualization, encompassing an analysis on sexual violence, including rape, especially in relation to consent. This, in turn, can prompt amendments to Georgian Criminal Code on the related issue, which currently does not comply with the standards on interpreting sexual violence, established by the Istanbul Convention and other important related international acts.

Marine Pollution and Waste Management

Water covers more than 70% of the surface of the globe. The ocean, which is amazing and significantly controls the world's climate, also has a hidden crisis, namely marine pollution. In the modern world, marine pollution is becoming a bigger issue. Article 1 (1) (4) of UNCLOS : says that “Pollution of the marine environment” means the introduction by man, directly or indirectly, of substances or energy into the marine environment, including estuaries, which results or is likely to result in such deleterious effects as harm to living resources and marine life, hazards to human health, a hindrance to marine activities, including fishing and other legitimate uses of the sea, impairment of quality for use of seawater and reduction of amenities”. Chemicals and garbage, most of which originate on land and are blown or carried into the water, are the two main components of marine pollution. Marine pollution, caused by human activities like improper disposal, shipping, and overfishing, harms ecology, health, and global economic institutions. Solutions include international agreements, sustainable fishing, improved waste disposal, and raising awareness. Education-based campaigns have the power to inspire citizens, groups, and governments to action. The legislative reforms and sustainable practices are significantly aided by environmental organizations and advocacy groups. The government has made several notable efforts, such as the plastic ban, marine protected areas, clean-up programs, and environmentally friendly fishing. Several countries have enacted plastic bags, which have significantly reduced the amount of plastic pollution, while the ocean may not be affected. Creating marine protected zones helps safeguard biodiversity and gives damaged ecosystems a place to recover. This article gives a general overview of the complex issue of marine pollution and shows how important it is to have efficient waste management plans. It investigates diverse marine pollution types and causes, emphasizing the dangers it poses, such as biodiversity loss, potential health hazards for humans, and significant financial expenses.

Implementation and Elimination of Actions Criminal Illegal Fishing Towards the Development of Sustainable Fisheries

Objective. To analyze legal political reforms in the Fisheries Law to enforce the law and eradicate the criminal act of IUU Fishing in the development of sustainable fisheries in Indonesia. Design/Methodology/Approach. Using empirical (non-doctrinal) research methods with statutory, conceptual, and comparative approaches. Results/Discussion. Factors that cause ineffective law enforcement against illegal fishing include weaknesses in legal substance, institutional structure, and legal culture, especially related to the formulation of criminal sanctions. The concept of political reform of fisheries law must include revision of laws, adoption of international law, as well as changes in the law enforcement model through an integrated criminal justice system approach, with the top coordinator of the Ministry of Maritime Affairs and Fisheries. Conclusions. Legislative reform, adoption of a multi-legal regime approach, extraterritorial jurisdictional authority, and active community participation are needed to increase the effectiveness of law enforcement and support sustainable development in the fisheries sector. Originality/Value. Highlights aspects of implementing and eradicating illegal fishing, with an emphasis on increasing law enforcement for sustainable fisheries development.

Does the European Union need a ‘Drought Directive’? A legal perspective

With global warming progressing, droughts are anticipated to increase in frequency in the European Union. However, under the current EU legal framework, they remain on the margin of water management policies. To adapt to changing natural conditions, the Member States should take a more proactive approach to drought mitigation. The policy options on how to accelerate such a transition encompass the continuation of reliance on soft-law guidances, the amendment of the Water Framework Directive or the adoption of a ‘European Drought Directive’ – a new, up-to-date, all-encompassing legal instrument. This paper analyses those policy options from a legal perspective. It also exposes problems and benefits they can bring if and when pursued. As the Water Framework Directive remains ‘fit for purpose’, the priority shall be given to updating existing soft-law guidances and their translation into all official EU languages. However, there are strong arguments in favour of future legislative reform. This paper submits that a more proactive approach would conform more fully to EU primary law. Nevertheless, irrespective of the chosen policy option, coordination of drought mitigation and measures under existing EU water legislation at the river basin district level must be ensured.

Unjustified Enrichment as a result of Turnover of Objects of Information Law

Not being an object of civil rights (Article 128 of the Civil Code of the Russian Federation), information has acquired objective marketability that does not limit itself, due to its value for certain persons, to using the construction of a contract for the provision of paid services for the legal regulation of emerging legal relations. The paper examines the legal nature of information and its historical and modern regulation, examines cases of illegal access to information and its use for the benefit of an unscrupulous person and suggests the possibility of applying the institute of unjustified enrichment by analogy. It is proved that the use of actio de in rem verso as an institution of unfair enrichment is the most appropriate for regulating the legal relationship under study. It is proposed to use the named institution up to the proposed reform of civil legislation in order to give information the properties of a full-fledged object of civil rights. It is argued that the reform of civil legislation regarding the inclusion of information in the objects of civil rights is long overdue and is predetermined by the objective development of the information society. Moreover, the expansion of digitalization and digital transformation of participants in civil law relations, including the state, leaves no doubt that such changes are relevant, and the courts, as soon as such an opportunity arises, need to begin applying new legislation in this regard.

JUSTICE OF COMPENSATION FOR APPROPRIATION FOR THE PURPOSE OF OPENING ROADS IN JORDANIAN LAW (A COMPARATIVE STUDY)

Objective: This study aims to define the concept of fair compensation, and how the Jordanian constitution gives the ordinary legislator the authority to determine the nature of fair compensation so that he may stipulate deducting part of the property free of charge, or did the constitutional legislator grant the ordinary legislator the authority to determine how to estimate the value of fair compensation as stated in Comparative legislation. Theoretical Framework: The study employs a theoretical framework rooted in distributive justice theory, particularly drawing upon the perspectives of Rawls, Nozick, and Sen, the study evaluates the principles underlying fair compensation and its practical application in legal systems. Design/Methodology/Approach: This study follows a comparative analytical descriptive approach in dealing with the position of comparative legislation on fair compensation in the first requirement, and we will devote the second requirement to the position of the Jordanian legislator on fair compensation stipulated in Jordanian legislation. Result: The results of the study showed that appropriation for the public benefit has become recognized in constitutions and comparative legislations, as these legislations have defined the procedures for obtaining real estate to be appropriated in order to achieve the public benefit, and these legislations also included the principle of the owner's right to receive fair compensation that compensates the damage caused as a result of appropriation. Research, Practical & Social Implications: The study concluded that the legislations have differed in how to estimate fair compensation, some of which stipulate that the compensation must be complete without taking into account the impact of ownership on the remaining parts of the property and neighboring properties, and some of which introduced the concept of a free quarter such as the Jordanian law of ownership in the acquisitions of roads. This study came to show the fairness of the free quarter deduction in the acquisition of roads in the Jordanian acquisition law compared to what is applied in the comparative legislation. Originality/Value: The study provides original insights into the concept of fair compensation in Jordanian law, offering recommendations for legislative reforms to enhance distributive justice in expropriation cases.

The Greek Executive State Model: A Paradigm for Better Legislation

Abstract This paper presents and critically assessed the implementation of the executive state model in Greek law-making, and identifies the elements of the model that are transferable elsewhere. The first four years of extensive legislative reforms in application of the executive state model have produced tangible innovations fertile to better law-making. But the real challenge, the change of legislative mentality, resists.

Peculiarities of regulation of various types of non-contractual obligations in the field of international private law

The article reveals certain types of non-contractual obligations (NCO) in the field of private international law (PIL). The common features and differences between certain types of NCO in Ukraine and other countries of the Romano-Germanic legal family through the usage of the comparative legal method are described. The article reveals such types of obligations in PIL as: tort/delict obligations; obligations arising out of unjust enrichment; obligations arising out of damage caused by a product, work, service; culpa in contrahendo; negotiorum gestio. The article substantiates that NCO arise, first of all, between persons who are not in a contractual relationship, or between persons who are bound by a contract, but the damage is not caused in connection with a violation of contractual obligations. The article reveals the main provisions of conflict regulation of NCO. The issue of refusal to use the general collision binding of the place of harm (lex loci delicti commissi) is being studied. Nowadays, instead of that collision binding, which was originally used for each type of non-contractual obligation, several alternative collision bindings are used. In addition to the law of the place where the tort was committed, the article also reveals the features of using such collision bindings as the citizenship of the parties or the place of residence of the parties of the legal relationship, the place of release of the goods, the place of registration of the vehicle, etc. The article highlights some aspects of the recent reform of civil legislation and PIL, in particular. The root cause of the reform and renewal of domestic legislation in various areas, which is caused by the European integration processes taking place in Ukraine in recent years, is revealed. The article substantiates the active recodification of civil legislation introduced by the Government of Ukraine, aimed at eliminating certain shortcomings and contradictions in national civil legislation and harmonizing it with the legislation of the European Union. The article places special emphasis on the need to update national legislation and bring it into line with European standards for democratization and liberalization of all spheres of life.

Challenges and opportunities in Australian greenhouse gas storage legislation: insights from the CarbonNet project

Co-funded by the Victorian and Australian Governments, the CarbonNet Project (CarbonNet) was established in 2009 to enable commercial deployment of carbon capture and storage (CCS). The duration and first-of-a-kind nature of the project has also provided an opportunity to test the Australian legislative greenhouse gas (GHG) framework. Although the Commonwealth legislative regime has comprehensive GHG legislation in place, one of the recognised barriers to geological storage in Australia is permitting and regulatory complexity. CarbonNet’s practical application of the legislation has emphasised that regulatory maturity will only be achieved once a number of projects have been permitted through the full project lifecycle. While the project has achieved many regulatory firsts, there have been several policy and regulatory challenges. Successes have come via legislative reform, scientific investigation and collaboration, and stakeholder engagement and communication. This paper provides insights into CarbonNet’s regulatory journey and key learnings in testing first-of-a-kind regulatory processes. It also explores opportunities for improvement in the GHG regulatory framework, while noting the progress of recent legislative reform and government collaboration. The paper concludes with a recognition of the need for the CCS regulatory framework to be straightforward, fit-for-purpose, proportionate, risk-based, and not overly prescriptive or complex. CCS projects may span decades and require significant upfront investment from multiple companies or consortia. Proponents and investors require confidence in the regulatory framework underpinning a project before making these large commitments. Accordingly, there is a key role for both Australian and State governments in providing the enabling legislative and regulatory framework for CCS projects.

System of state measures to fight human rights violations in armed conflict

The article examines the modern challenges of human rights protection during the armed conflict, in particular in the context of the need to introduce the legal regime of martial law, which was introduced due to the armed aggression of the Russian Federation against the sovereign, democratic and legal Ukrainian state. The article focuses on the analysis of critical aspects of the protection of human rights in the context of armed conflict, emphasizing the difficulties arising from an aggressive invasion of a sovereign, democratic, and legal state. Special attention is paid to strategic priorities for the restoration and protection of human rights that have been seriously affected by military actions. The article argues the need for a specific legal framework adapted to the conditions of wartime armed conflict and the key priorities of post-war reconstruction. The article provides a detailed analysis of national legislation and relevant international legal norms and an attempt to identify and recommend effective strategies for strengthening the protection of human rights. Emphasis is placed on the need for legislative changes and reforms that would ensure rights and civil liberties and be consistent with European and international standards, thereby strengthening legal guarantees against potential human rights violations. The article provides a critical review of existing legal gaps that impair the protection of human rights during armed conflicts and discusses the key role of the international community and legal institutions in upholding justice and accountability. In addition, it is proposed to implement innovative legal measures and integrate the norms of international humanitarian law to strengthen the legal infrastructure, which is necessary for the effective restoration and protection of human rights and civil liberties. The article reveals modern scientific and professional discussions, emphasizing the urgent need for active and strategic legal measures that meet European and international standards, ensuring the protection of human rights in the complex conditions of military conflicts.

Decriminalisation of Section 377,IPC: Reforming Laws on Same-Sex Relationships in India

The presence of Section 377 within the Indian Penal Code has long been a contentious issue, rooted in colonial-era legislation that fails to align with contemporary societal norms and values. Originating from the Victorian Buggery Act of 1533, it was transplanted into the IPC in 1860, reflecting a punitive stance towards acts deemed to contravene the perceived natural order, including consensual homosexual relations. This antiquated provision, while ostensibly aimed at regulating sexual conduct, has instead perpetuated discrimination and marginalization against the LGBTQ (Lesbian, Gay, Bisexual, Transgender, Queer) community. Despite progressive legal developments, such as the landmark Naz Foundation vs. Govt. of NCR Delhi case in 2009, which decriminalized same-sex relations, systemic barriers persist. Article 14, 15, and 21 of the Indian Constitution, guaranteeing equality before the law, prohibition of discrimination, and protection of life and personal liberty, respectively, stand in stark contradiction to the continued enforcement of Section 377. Furthermore, the Supreme Court's ruling in 2018, recognizing the rights and dignity of LGBTQ individuals, underscored the imperative for legislative reform. However, substantive legal changes are essential to address broader issues facing the LGBTQ community, including marriage equality, adoption rights, and inheritance. Despite these challenges, there is growing momentum towards reform, driven by a recognition of the fundamental rights and freedoms that all citizens, regardless of sexual orientation or gender identity, are entitled to. Efforts to dismantle discriminatory laws and foster a more inclusive legal framework are not merely matters of legality, but also of human rights and social justice. Therefore, the imperative lies in fostering legislative and societal change that ensures equal treatment and opportunities for all members of society, irrespective of sexual orientation or gender identity.

A statistical analysis of the Effectiveness of groundwater related policies in mitigating over-extraction in arid regions: Challenges and impacts

Groundwater, crucial in arid regions, faces persistent over-exploitation despite regulatory policies, particularly in Jordan's Northeast, heavily reliant on agriculture. This study assesses Jordan's groundwater policies across two periods: 1985–1998 (pre-policy) and 1998–2015 (post-policy). Contrary to expectations, the 1998 legislation showed no significant impact, with agricultural extraction rising by 18% post-policy. Groundwater levels consistently declined post-1998, averaging an annual 2-m drop and a cumulative 20-m drawdown over 25 years. This research provides a timely evaluation of water legislation's influence on groundwater, offering a unique resource for researchers. Recommendations stress policy enhancements for sustainable management, including advanced monitoring and water-efficient crops. Urgent legislative reforms, such as tariff increases, are crucial for groundwater sustainability. Despite existing laws, successful management demands stakeholder collaboration to ensure legislative objectives align with implementation, preserving this vital resource.

The Influence of AI in the Media Work Force: How Companies Use an Array of Legal Remedies

The emergence of ChatGPT and other related artificial intelligence systems has posed many questions upon the impact that such tools could have on some jobs, including media workers. Serious legal concerns have arisen regarding the learning practices of AI-related companies such as OpenAI and Google. These concerns involve crawling and extracting presumably unauthorized copyright works from news repositories, whose rightholders are often media companies. In this article, we aim to categorize the newsroom practices and routines affected by artificial intelligence. We also explore copyright-law related issues, including AI-assisted reporting, its impact on journalists and the media workforce, SEO and commercial strategies, as well as training and blocking AI engines. The legal solutions applied to solve those questions are also addressed, including technical solutions, fair use guidelines and legal solutions (litigation, legislative reform, and negotiation). Our conclusion is twofold: first, in the unequal fight against artificial intelligence systems, a utilitarian and entrepreneurial conception of intellectual property is enforced; and second, the position of journalists as authors is weakening.

Advancing building fire safety through heat resistant and flame retardant hybrid silicone sealant

Rapid urbanization and population growth have led to a significant transformation in the urban landscape, characterized by the proliferation of high-rise buildings. However, this urban development has brought about new challenges, particularly in terms of fire safety. The escalating risk of disasters, especially fires, underscores the critical importance of implementing effective fire safety measures across all building types, necessitating legislative reforms. Despite their crucial role in ensuring structural integrity, sealants have often been overlooked in building safety standards, resulting in a lack of comprehensive regulations. The research addresses these challenges by focusing on the development of fire-resistant silicone sealants designed to enhance the fire resistance of building materials. These sealants were formulated independently, incorporating three fire retardants and four heat-resistant agents. While metal oxide flame retardants generally exhibited excellent performance, excessive mixing led to surface deformation and reduced workability. Optimal combinations of flame retardants and heat-resistant agents were identified, with the FR2 specimen demonstrating promising fire resistance performance. Full-scale fire performance tests conducted on FR2 revealed a maximum temperature difference of 40.6 °C between heated and unheated surfaces over a 2-h period, indicating high thermal insulation performance. These findings validate the efficacy of the proposed method and offer significant enhancements to building safety, thereby mitigating fire damage in urban environments.