Local Legal Framework Research Articles

Legal Framework of Micro and Small Businesses in Indonesia for Achieving Empowerment and Legal Protection

<em>This research aims to identify, analyze, and discover efforts to facilitate business ease, empowerment, and protection for micro and small business operators in the Maluku Province through effective local legal regulations. Micro and small businesses play a vital role in supporting national development and enhancing the country's economy. Therefore, micro and small businesses need to be continuously developed to remain viable and competitive in the global trade arena. One of the measures to ensure the sustainability of micro and small businesses is through effective legal regulations that address various challenges faced by them. These legal regulations encompass not only national legal aspects but also local legal frameworks, including those in the Maluku Province. This research constitutes sociolegal research using primary and secondary data obtained through literature review and interviews. Based on the research findings, it is evident that the legal regulations for micro and small businesses in Maluku, both at the provincial and municipal levels, are not sufficiently effective in realizing ease of doing business, empowerment, and protection for micro and small business operators. The ineffectiveness of local legal provisions in Maluku is attributed to various issues in their content. These issues include discrepancies in regulations compared to other legal provisions, overlapping jurisdiction between the provincial and municipal governments, and even the central government's authority in regulating medium-sized businesses. Furthermore, legal gaps and unclear content lead to normative ambiguity, ultimately affecting the implementation of micro-business development and empowerment, which does not proceed smoothly.</em>

A review of shark conservation and management legal frameworks in the Philippines

Sharks are among the oldest groups of vertebrate animals, dating back to over 400 million years ago. In recent decades, fishing pressure and demand for shark products and derivatives, such as fins, meat, oil, have increased significantly, driving global declines in shark populations. Sharks are a valuable resource in the Philippines and are used for both extractive and non-extractive purposes. The primary objective of this paper is to outline international, national, and local legal frameworks that enable the management and conservation of sharks in the Philippines. This review commences by providing some background regarding the politico-legal context of the Philippines, as well as information related to shark populations, fisheries and research in this country. This paper also aims to make a case that the Philippine government is in a unique position to build on the momentum of past initiatives by passing comprehensive national shark legislation and continuing to support regulation of shark trade globally. While a national legal framework on its own cannot solve all the issues related to shark fisheries and management, it will help create and institutionalize an anchor for existing and future conservation, research, governance, and communication initiatives.

Protected area planning to conserve biodiversity in an uncertain future.

Protected areas are a key instrument for conservation. Despite this, they are vulnerable to risks associated with weak governance, land-use intensification, and climate change. We used a novel hierarchical optimization approach to identify priority areas for expanding the global protected area system that explicitly accounted for such risks while maximizing protection of all known terrestrial vertebrate species. To incorporate risk categories, we built on the minimum set problem, where the objective is to reach species distribution protection targets while accounting for 1 constraint, such as land cost or area. We expanded this approach to include multiple objectives accounting for risk in the problem formulation by treating each risk layer as a separate objective in the problem formulation. Reducing exposure to these risks required expanding the area of the global protected area system by 1.6% while still meeting conservation targets. Incorporating risks from weak governance drove the greatest changes in spatial priorities for protection, and incorporating risks from climate change required the largest increase (2.52%) in global protected area. Conserving wide-ranging species required countries with relatively strong governance to protect more land when they bordered nations with comparatively weak governance. Our results underscore the need for cross-jurisdictional coordination and demonstrate how risk can be efficiently incorporated into conservation planning. Planeación de las áreas protegidas para conservar la biodiversidad en un futuro incierto.

The emergence of the ‘rentocrat’

ABSTRACT Scholarship on rents and rentierism abounds. Commonly absent is analysis of the actors who perform rentierism: how they do it, when they do it, what outcomes result. To address this lacuna, I advance a three-tier typology of actors I term ‘rentocrats’. I then investigate the role of rentocrats in performing what has been labelled ‘infrastructure rentierism’ across infrastructure projects’ lifecycles: a scenario where surplus capital and labour are utilised by rentiers (rentocrats). This article contributes to an expanding literature on ‘assetisation’ by showing how rentocrats accrue rent across such lifecycles typically helped by local legal frameworks and a cross-coalition of politico-economic stakeholders, which together transform the good into an asset. As such, this article helps overcome a recognised blind spot in the assetisation scholarship: its empiricism. Through Case Study Analysis, I use the rentocrat conceptualisation and theorisation to highlight the variegated practice of infrastructure rentierism across the lifecycles of largescale (>USD100mn) Chinese-sourced capital-financed infrastructure projects in the United Kingdom, Germany, and Hungary. I intend the ‘rentocrat’ concept to be applied to and critiqued against other forms of rentierism not limited to Chinese-sourced capital, European sites, or its infrastructure variant.

Beach management policy analysis concerning safety flag systems in Northern Spain

The aim of this paper is to analyse the meaning of beach safety flags and their management along the Northern Spanish coast. There are more than 1000 small beaches, which are often in high demand by tourism during the summer season. To carry out the research, most of main beaches have been visited to observe and analyse the meaning of all the safety flags and their correct use depending on the oceanographic and meteorological conditions. The influence of the beach safety management and regulations on the use of beach safety signage has been also analysed. The results show that safety flag systems differ even between very close beaches where safety management is in the hands of different local governments. Outdated and local legal framework and the absence of an agreed system between the different organizations that provide lifeguarding services seem to be behind this lack of uniformity. A specific guide for beach safety flags and signage within a national safety beach plan agreed by all the autonomic or provincial governments may be a solution.

Spatial parameters for the development of floating wind farms in Greece

The interest in offshore wind farm markets has recently turned to the use of the strong wind power that can be found in deep-sea marine areas with the use of innovative technology in floating wind farms. This activity attracts the interest of economic actors globally, with prevention still necessary to avoid potential conflicts with other maritime activities and protect sensitive local marine ecosystems. The main research interest of this study focuses on the role that the particular characteristics of the local legal framework can have on the spatial planning of activities. The steps taken in this gradual approach include current spatial planning practice, case law and the country’s experience in related projects. Concluding, an example of the possible spatial planning of FWFs, based on the current tools available in the country’s spatial planning system, is provided.

Out of Sight and Out of Reach: Public Access Strategies Using a Mixed Method to Reconnect a Saudi Urban Mega-District with its Shoreline

This study questions global best-practice policies regarding public access to the shorelines of rapidly-growing cities, based on a mega-urban district in Jeddah, Saudi Arabia, where residents are not yet provided with public open space, nor with physical or visual access to the qualitatively desirable shoreline. We applied a policy-led review of local legal frameworks and global best-practices of shoreline public access management, followed by several descriptive research strategies to develop four public access strategies that connect the district with its shoreline. The developed strategies can inform other cities with competing population growth pressures, in providing the health benefits of equitable public shoreline access. The strategies raise new management issues such as shoreline public access locations, capital and operational financing, and ecological consequences.

The Praxiological Model of the Integrated Sports Concept in the Republic of Moldova

The article describes important elements of the Integrated Concept of Sport in the Republic of Moldova, focused on elements of good governance, protection of minors, fight against doping and corruption. Sport is a field that contributes substantially to sustainable development and economic growth of a state, ensuring an added value in its gross domestic product and the insertion of the specialists in the field on the labor market. National sports organizations are responsible for ensuring good governance in the reference field, its integrity in order to continuously improve the public's confidence in the positive values of sport and to increase the quality of life with its support. Moreover, ensuring good governance in national sport is dictated by the respect for the principle of autonomy and compliance with the legal framework of sports organizations (regulations, instructions, methodologies, etc.). Thus, good governance must "ensure the proper observance and regulation of the field through the principles of efficient, transparent, ethical and democratic management, sports diplomacy, fair play, participatory management, processes and structures with the participation of stakeholders" European Parliament Resolution of 2 February 2017 on an integrated approach to sport policy: good governance, accessibility and integrity 2016/2143 (INI). Good governance is needed to meet the challenges of sport and the legal framework of the European Union. Doping and corruption in sport, identified at national and European level, lead to the creation of an inadequate image of sport. Also, respect and protection of human rights, especially of minors, must be national principles of the rule of law. In this context, we can assert that the elaboration of the praxiological model of the Integrated Concept of sport at national level can strengthen the adjustment directions through modifications / proposals to the local legal framework that regulates the reference field in consensus with the European one.

SWOT PRINCIPLE IN FLOOD RISK MANAGEMENT

An analysis of global statistics shows a substantial increase in flood damage over the past few decades. With the recent transition to a more risk-based approach in European flood management policy, flood analysis models have become an important part of flood risk management. In many cases, flood damages are extensive to the environment, to the economy and also socially. According to the priority development trend "Infrastructure and Environment", Ungheni district of Republic of Moldova (RM) aims for an efficient infrastructure, based on environmental protection, whose development, operation and maintenance will be done using of a database, protocols, existing guides and accessible to the level of each local public administration. In the last decade, projects have been implemented in Moldova to study the phenomenon of floods in order to develop structural and non-structural measures to protect localities. This article aims is to systematize the existing knowledge and characteristics of the methods available to give operational recommendations and principles that can support authorities, local entities, and the stakeholders involved in decision-making with regard to flood risk management in their compliance with the Floods Directive (2007/60/EC), national and local legal framework.

Juxtaposing inside and outside: façadism as a strategy for building adaptation

Façadism is usually described as the practice of preserving historical façades and the construction of new buildings behind them. While it became a frequently used strategy for urban conservation in the 1960s, it was strongly criticised as an architecture of poor quality that also led to a loss of authenticity in building. This article questions this predominantly negative perception of the practice of façadism to demonstrate its potential for contemporary architectural practice, especially in the field of adaptive reuse. As such, it does not strive to justify all forms of façadism, nor does it evaluate its compatibility with local legal frameworks regarding conservation and planning. The article rather seeks to launch a more nuanced discussion of various forms of façadism, based on a conceptual analysis of the subject to elaborate on its potential beyond its merely economic or pragmatic aspects. The article starts with a literature review to offer an overview of the definitions and interpretations of façadism. It then illustrates how four different forms of façadism (façade retention; refronting existing buildings; functional upgrading through façade intervention; and the creation of a coherent streetscape) are implemented in contemporary architectural practice. The ensuing conclusion is that façadism has the potential to become a valuable design strategy.

A proposal for a legally enforceable no-fault compensation framework for clinical trial-related injury in Malaysia

ABSTRACT Clinical trials play a critical role in the development of life-enhancing and life-sustaining biomedical advances. It is costly and, regardless of how well-designed and ethically conducted, there are always inherent uncertainties which subsequently expose human participants to the risk of injuries or even death. In Malaysia, compensation for clinical trial-related injury has not been incorporated into standard national regulations or policies. Therefore, when clinical trial-related injuries do occur, such participants cannot be compensated by researchers, and with the absence of specific statutory laws governing trial-related injury within the local legal framework, aggrieved parties need to seek legal redress and can only depend on the existing tort laws. To propose a viable compensation framework, the existing compensation regulations and policies implemented in India and South Africa are analyzed, and their best principles have been recommended. This study proposes the implementation of a no-fault compensation framework in Malaysia which should be disbursed efficiently at minimum administrative cost. This proposed approach should be mandated by the amendment of current laws governing biomedical research and, in the interim, should be adopted voluntarily by research sponsors, institutions and investigators conducting clinical trials in Malaysia.

Spatial Parameters for the development of Floating Wind Farms in Greece

The interest in offshore wind farm markets has recently turned to the use of the strong wind power that can be found in deep-sea marine areas with the use of innovative technology in floating wind farms. This activity attracts the interest of economic actors globally, with prevention still necessary to avoid potential conflicts with other maritime activities and protect sensitive local marine ecosystems. The main research interest of this study focuses on the role that the particular characteristics of the local legal framework can have on the spatial planning of activities. The steps taken in this gradual approach include current spatial planning practice, case law and the country’s experience in related projects. Concluding, an example of the possible spatial planning of FWFs, based on the current tools available in the country’s spatial planning system, is provided.

Designations of origin and geographical indications as an element of economic development: The Ecuador Case

The denominations of origin and geographical indications, as distinctive signs, occupy a prominent place as an element of the impulse to the economic development of a given territory, since through them the development and marketing of high-quality products and differentiation, which in turn, allows reaching significant levels of commercial and tourist positioning for the place or region of its origin, as well as the generation of new sources of direct and indirect employment, increasing foreign exchange income from exports, the increase of State tax collection, among other socio-economic benefits. Thus, designations of origin and geographical indications are considered elements of economic development within the productive policy of a State. Therefore, the purpose of this work is to analyze the denominations of origin and geographical indications as a specialized category within the field of Trademark Law and Intellectual Property Law. It is relevant for a better understanding of how these concepts developed in Ecuadorian legislation. While for determining the options presented by the local legal framework promoting its development and use. Moreover, as those elements that the State should consider for taking advantage to promote national growth. Then the exegetical-critical method has been used, through is introduced a doctrinal and normative approach.

THE STATE OF LEGAL REGULATION OF OFFICIAL INVESTIGATIONS IN THE PROSECUTOR'S OFFICE

The relevance of the topic of the article is that the implementation of legal procedures within a particular branch of law requires a clear establishment and definition of key stages, procedures, patterns and subjective composition of the latter. That is, we are talking about the legal regulation of legal processes, the high level of quality of which directly affects the effectiveness and efficiency of the relevant sequences of legally significant actions. Official investigations in the prosecutor's office in this aspect are no exception, so it is appropriate to analyze the current state of their legal regulation. Determining the state of legal regulation of official investigations in the prosecutor's office requires a full understanding of the features and internal nature of this category. Note that legal regulation has a deep theoretical basis. It can be pointed out that legal regulation in a separate part is an expression of the content of the principle of the rule of law, that is, it is an indicator of the action of law as the main regulator of social relations. However, there are other features of this category that are important to outline within this article. The article, based on the analysis of scientific views of scientists, offers the author's vision on the interpretation of the concept of legal regulation of official investigations in the prosecutor's office of Ukraine. Emphasis is placed on the specifics of the mechanism of legal regulation of official investigations in the prosecutor's office and identified features of its structure. The general assessment of the state of legal regulation of official investigations in the prosecutor's office is given. It is concluded that at the present stage the legal regulation of official investigations in the prosecutor's office is disordered in its internal structure. Yes, there is a corresponding dissonance between the status and the practice of applying official investigations. The procedure for this procedure, the subject composition, the local legal framework, as well as other mechanical features of official investigations are developed and have the appropriate forms of operation. At the same time, the status and purpose of official investigations in the prosecutor's office, their connection with disciplinary proceedings, principles, as well as the general place in the field of official discipline of prosecutors in modern realities are not properly regulated.

Evaluación de la implementación de la estrategia escuela saludable en zona rural de Ibagué: estudio de casos.

La escuela es un espacio privilegiado de promoción de la salud, en Colombia se desarrolla la estrategia escuela saludable como una herramienta integradora de políticas en salud en el ámbito escolar. Objetivo: el estudio busca evaluar la implementación de la estrategia escuela saludable en el contexto rural del municipio de Ibagué. Materiales y métodos: la evaluación de la implementación se realizó mediante la construcción de un modelo lógico y la definición de criterios evaluativos en relación con los ambientes saludables, las políticas públicas y planes para la escuela saludable, la participación social, el empoderamiento y la educación para la salud. Se evaluaron un total de 93 escuelas rurales, la información fue levantada mediante cuestionarios a los responsables de las escuelas y a través de entrevistas a los gestores de salud. Resultados: se identificaron problemáticas sanitarias y ambientales en las escuelas asociadas a las carencias de la ruralidad, falta de articulación del sector salud y educación, baja participación social, la educación enfocada a la prevención de la enfermedad. Conclusión: promover los entornos escolares saludables en la ruralidad requiere de un marco legal nacional y local que garantice la actuación estatal, la intersectorial, la participación efectiva del sector educativo, la renovación de la salud y que promueva intereses y voluntades político, sociales y administrativas.

The Coastline Paradox

How long is the coastline of the United States? While it may sound counter-intuitive, there is no objectively true answer to this question. In fact, it is impossible to precisely measure the length of any coastline. A coastline features an endless array of bays and promontories at all scales, from hundreds of miles to fractions of an inch. Thus, the length of a coastline depends on the unit of measurement being used. The smaller the unit of measurement, the more of these bays and promontories are detected, and thus, the longer the coastline becomes. Follow this logic down to the atomic level, and the length of a coastline – any coastline – approaches infinity. This phenomenon is known as the “coastline paradox,” and it is more than just a mathematical curiosity. Because coastlines play such a prominent role in legal frameworks, the coastline paradox presents troubling legal implications at all scales. From international maritime jurisdictions to local real estate markets, the complexities created by this phenomenon are disconcertingly understudied. In fact, the coastline paradox has never been considered as a significant source of legal problems. This article is the first to address the legal implications of the coastline paradox. It begins with an explanation of the coastline paradox and other, similar characteristics of coastlines that defy accurate measurement. Then the legal implications for international, federal, and local legal frameworks are introduced and examined. It is apparent that awareness of the coastline paradox is low, and challenges are scarcely being addressed. While a mathematical solution to the coastline paradox may be impossible, the article concludes with a set of recommendations for coastal stakeholders.

Legal limits of the autonomy of higher education institutions while developing educational programs

The article deals with the issues of the legal regulation of the activities of higher education institutionsin the development, implementation, monitoring, updating and revision of educational programs. The papermentions the features of the implementation of the powers of higher education institutions within the context ofsuch legal constructions as "the limits of legal regulation" and "restriction of rights". The elements of eachdirection of the autonomy of institutions of higher education in the formation of educational programs areanalyzed in detail. The mechanism of implementation of the provisions of general and special laws in the fieldof higher education in the local legal acts is considered, namely the main directions which should form theinternal regulatory framework; the necessity of higher education teachers’ and students’ participation in thegiven process is substantiated. The process of creating specializations, the procedure for their approval by theAcademic Council of higher education institutions, the specifics of the creation of specialization groups, thestructure and distribution of responsibilities in such groups in the creation of specializations, their participationin constructing and implementing educational programs are analyzed. Clear boundaries, forms and directions offormalization of the real legal relations that arise at the present stage of development of higher education in thefield of formation of educational programs through the prism of the implementation of the principle ofautonomy by higher education institutions are established. The provisions of general and special laws in whichthe legal limits of the autonomy of institutions higher education are established while developing (designing)educational programs are systematized, a comparative analysis of the influence of normative legal acts, havinga higher legal force, on the formation of the local legal framework and the role of the legal service insystematization, review and updating of the internal regulations and rules of the higher education institution isconducted. In the context of monitoring, reviewing and updating educational programs, the vectors forimproving the educational process are singled out while interacting with students, employers, teachers andother stakeholders who are interested in creating an effective and science-driven educational program which isas close as possible to the industry requirements.

M. Maltsev, A. Shapovalov, Formation of the seaport’s innovative development strategy.

The article discusses the main objectives of the innovative development of the seaport, taking into account the public interest in technical, environmental and social aspects of port operations. The main key factors affecting the competition between the ports are: geographical location, proximity to production or consumer areas, good links with the traffic infrastructure, a balanced national and local legal framework, institutional structure and socio-economic climate. A conceptual basis for the innovative development of the seaport using the scenario method for assessing the extent of competition in the port sector, which includes the transportation option, performance indicators, comparison of tariffs, financial performance, has been proposed. The conceptual framework can be used in determining the optimal shape and scope of port modernization. Methodology for organizing a foresight project of innovative development of the seaport was proposed, which combines the methodology of scientific and technological prediction and the institutional and system approach. This combination allows you to more fully explore and predict the dynamics of changes in socio-economic systems. To justify the strategic development plan of the seaport, an integral indicator of balanced innovative development is used. Its assessment is carried out in the form of functions of five variables that affect the implementation and realization of innovative strategies: economic and financial criteria, organizational criteria, innovative criteria, social criteria and innovative climate. Based on the results of the assessment, the optimal scenario for the development of the object is determined.

Opinions of Argentinean neonatologists on the initiation of life-sustaining treatment in preterm infants.

BackgroundIn June 2014, the Argentinean Ministry of Health published guidelines for the management of neonates born at the limit of viability (≤25 weeks of gestation). We explored the opinion of neonatologists in Buenos Aires, Argentina, regarding the initiation of life‐sustaining treatment (LST) in critically ill neonates, focusing on the effect of sociocultural factors on their opinion.MethodsAn anonymous survey was designed to explore the opinions of Argentinean neonatologists on whether or not to initiate LST in newborns born prematurely. Five hundred eighty neonatologists from 36 neonatal units were invited to participate, and 315 specialists from 34 neonatal units completed the survey (response rate 54%). The survey was conducted between June 2014 and February 2015.Results9.5% (30/315) of the neonatologists answered they would begin LST on neonates born at 22 weeks, 42.5% (134/315) at 23 weeks, 37% (117/315) at 24 weeks, 7% (22/315) at 25 weeks, and 4% (12/315) at ≥26 weeks. Cumulatively then, 96% of participants stated they would start LST at 25 weeks of gestation or less. On multivariate analysis, a “transcendent” value of life and lack of consideration of the local legal framework for making medical decisions in the delivery room were statistically associated with an opinion in favor of initiation of LST in neonates born at the limit of viability. More than 50% of the Argentinean neonatologists surveyed answered they would initiate treatment at a gestational age of less than 23 weeks, despite the fact that the recommendations of the Argentinean Ministry of Health are to only give comfort care for these neonates. The opinion of most Argentinean neonatologists surveyed thus differs from that recommended by the guidelines of Argentina.ConclusionThe most frequent opinion of Argentinean neonatologists was to initiate LST in neonates at the limit of viability. Certain factors, in particular the sense of a transcendent meaning to life and lack of consideration of the local legal framework for making medical decisions in the delivery room, seem to influence the decision to start LST.

Protecting the rights of people displaced by dams: an assessment of the development of Ghana's Bui Dam

For over a half century now, large-scale dams and other large infrastructure projects have been pursued to advance the socioeconomic transformation of various countries and regions. However, adverse effects sometimes arise through the execution of the projects including the violations of the rights of affected communities and persons as a result of development-induced displacement and resettlement activities. One of the theoretical approaches that advocate for processes that lead to positive outcomes in the implementation of such development projects is the rights-based approach. Using primary data from Ghana's Bui Dam Project, the perceptions and views of the displaced people, their leaders, the dam managers and other relevant stakeholders are analysed with the view to unmasking the extent to which the rights of the displaced people were safeguarded and promoted throughout the project cycle. While the paper reveals that some positive outcomes have been attained in the Bui Dam Project, more favourable outcomes would have been realised if international covenants relating to the rights of infrastructure-affected-people were mainstreamed into local legal frameworks instead of heavily relying on best practice standards which are only hortatory and prescriptive.