National Legal Framework Research Articles

Human rights in the context of climate change

The paper is devoted to the study of the interrelationship between climate change and human rights, identifying the emergency of the climate change problem and its direct impact on fundamental human rights. The provisions of key international legal acts in the sphere of climate change adaptation and mitigation are analyzed, focusing on human rights implications in the context of climate change. It is stated that human-driven climate change has a negative impact on the environment, human life and health, thus having a profound impact on a wide range of human rights. The analyses of particular human rights affected by climate change is carried out. These are the right to life, the right to self-determination, the right to development, the right to food, the right to health, the right to water and sanitation, the right to education, the right to housing and the rights of future generations. It is noted that despite the international recognition of the negative impact of climate change on the fundamental human rights, the developed measures for tackling climate change and thus for elimination and prevention of such impact are ineffective. It is mentioned that currently in Ukraine there is no formed national legal framework on climate change, while climate change regulatory provisions are mainly based on the provisions of strategic document, that have been formed as a response to international climate change obligations.

Norms of International and Financial Law: General Features and Problems in the Context of Sustainable Development (Aspects of Public Administration)

The rules of financial law in connection with the worldwide spread of sustainable development concept apply to the social and environmental aspects of the operation of companies. EU legislation provides for accountability of organizations for the management of social and environmental challenges. This study aims to highlight the common features and issues of financial law at the international and national levels on the example of companies with international investment. Results of the research. The study highlights how companies with international investment in Ukraine ensure compliance with financial law and how this practice generally affects business strategy, business model, social behavior, and environmental protection. The common features of the norms of international and financial law within the EU are determined due to the adaptation and policy of integration of the norms into the national legal framework. Member States have adapted the new provisions of Directive 2014/95/EU, companies make public social and environmental operations following the new requirements. The implementation of financial law standards provides the company with several advantages. CSR reporting may not be in line with the actual business focus on environmental sustainability, as it stems from the voluntary nature of this type of reporting, which is contained not only in the law of Directive 2014/95/EU but also in the reporting of Italian, Spanish, Ukrainian companies. Sustainability reports do not guarantee effective management practices for the company's environmental and environmental issues. The theoretical value of this study lies in complementing the concept of social responsibility: the concept of social responsibility applies to reporting to investors, not society, helping to create business value and increase investment opportunities and maintain profitability.

Towards Nondiscrimination and Gender Equality: The Role of International Labor Standards

Gender equality and the prohibition of discrimination are not only one of the fundamental human rights, but also a necessary basis for achieving sustainable development. Kazakhstan’s global rankings for gender equality in recent years show a steady decline, despite the legislation formed during the period of independence, which guarantees the prohibition of any form of discrimination and the proclamation of gender equality as a priority of national policy. An important aspect of reforms, ensuring their effectiveness, is changes in legislation. International labor agreements are mechanisms for the transformation of national legislation and practice on the basis of universally accepted standards for more sustainable development of employment and the labor market. This study analyzes the effectiveness of the national legal framework of Kazakhstan from the standpoint of implementation, compliance with international standards of prohibition of discrimination and ensuring gender equality. An analysis is made of how universal norms can affect the development of national legislation. The article concludes that the laws aimed at the implementation of international standards for promoting the prohibition of discrimination and gender parity do not fully achieve their intended goals due to a weak law enforcement mechanism and the lack of full practical implementation of the country’s obligations. Legal solutions are proposed to neutralize the inconsistency of the internal Kazakhstani labor legislation with international standards, as well as the necessary accompanying elements of changes in civil procedural, social, administrative, and criminal legislation. An overview is presented of how the ratification of ILO acts will further improve conditions in the labor market and what changes in laws will be required in the future.

Coastal management and the Australian Government: A personal perspective

Since the 1970s there have been many twists and turns in the approach taken by the Australian Government to coastal management. Opportunities over this period to participate in deliberations on policies and programs of the federal government have enabled me to appreciate just how difficult it is to achieve sustainable outcomes at a national level. Unlike certain other federated countries, lack of constitutional recognition, or a national legal framework, or a national coastal/marine office make efforts to achieve coherence in coastal management very difficult. Most coastal management power resides in different state and local governments in Australia. Constant changes in federal government Ministers, policies, department structures and funded programs have inhibited the ability to enact nationally strategic coastal management objectives. This paper traces some of the encounters made with agencies, institutions, individuals and politicians seeking to make a difference, but often finding their efforts thwarted by a range of factors.

PREVENTIVE FUNCTION OF SOCIAL WORK IN THE PREVENTION OF CHILD VIOLENCE IN GENERAL SECONDARY EDUCATIONAL INSTITUTIONS

Uzbekistan is carrying out important reforms to protect children from violence, exploitation, cruel and discriminatory treatment, improving the national legal framework, and increasing the legal literacy of the population. The effectiveness of reforms in the social protection system largely depends on the reform of the social security system, the provision and use of social services, and the improvement of the social work system. Ensuring the best interests of the child, protecting the rights, freedoms and interests of children is a key priority of the state policy of Uzbekistan. The article examines the preventive function of social work to prevent child abuse in educational institutions.

Public Agencies in International Cooperation under National Legal Frameworks – Legitimacy and Accountability in Internationalised Nordic Public Law

Public Agencies in International Cooperation under National Legal Frameworks – Legitimacy and Accountability in Internationalised Nordic Public Law

The adoption of global water norms in Central America: What separates normative coherence from normative hegemony?

SummaryMotivationWater management is currently sustained by international norms negotiated in global meetings which are replicated worldwide. Integrated Water Resources management (IWRM) and the Human Right to Water and Sanitation (HRWS) are two of the main global norms presented as important ideals for good water governance, and as such are seen as contributing to achievement of the Sustainable Development Goals (SDGs). This article engages with this logic.PurposeThe article analyses two global water norms in Central America: the IWRM and HRWS, from their regional and national definitions and implementation in order to respond to the following research question: does the adoption of IWRM and the HRWS in Central American water management represent normative coherence for development or normative hegemony manifested by vertically imposed global water governance norms?Methods and approachThe research examines the definition and implementation of IWRM and the HRWS in the Central American Integration System (SICA) and six member states. It examines regional legal frameworks and national water laws and policies. Data collection included reviews of policy documents, academic studies, and grey literature from regional organizations and fieldwork conducted from 2012 to 2019.FindingsIWRM and HRWS are global water norms that have been institutionalized in Central America through development co‐operation partnerships, especially with European donors. This research shows that SICA member states have not implemented these norms due to the opposition of diverse coalitions of water stakeholders, including agribusiness, economic elites, and indigenous communities. The findings indicate that stakeholder participation and normative legitimacy are the defining characteristics that separate normative coherence for sustainable development from normative hegemony.Policy implicationsDespite Central America's legal alignment with the SDGs, significant grassroots opposition to the implementation of global water norms across the region suggests that normative coherence for sustainable development depends on normative alignment and incorporation by states in national legal frameworks but is also conditioned by stakeholder participation. These findings indicate that normative coherence for sustainable development should become more participative in nature in order to promote transformative development as defined by the SDGs. Otherwise, stakeholders may perceive it as normative hegemony.

The rights of Filipino children in armed conflict: reflections on international and national legal frameworks

There is a great amount of international attention directed towards the recruitment and involvement of children in armed conflict. In response to this, Philippine legislators have passed laws to assist and protect these children. However, most of these are not reflective of the reality of children and may even further disadvantage them. This paper explores international and national policies directed towards children in armed conflict through the perspective of children’s rights. It aims to paint a more realistic and rights-oriented approach towards the understanding of children in armed conflict. The importance of this not only rests on the growing amount of international attention directed towards this issue, but more importantly, because doing so promotes efforts in fulfilling the fundamental rights of children.
 
 
 

Bahrain’s Environmental Legal Tools for Giving Effect to Sustainable Development Goals: An Assessment

Sustainable development in Bahrain is considered one of the national core objectives in the Government Action Plan. Bahrain has enacted environmental legislation and adopted the National Environment Strategy. This study examines the appropriateness of the current environmental legislations in the context of SDGs. To achieve this goal; a scoping review was conducted to assess their compatibility. The study revealed that the successful integration of SDGs with the current environmental legislations can be carried out by recognising the challenges highlighted in the 2030 Agenda. This study suggests the quick-updating of the current environmental legislations in line with SDGs. There is still room for improvement, and more comprehensive and sustainable approaches need to be developed in the environment dimension to stay on track to reach the SDGs. The policies should factor in the possible linkage opportunities to develop a holistic management approach in the implementation, considering the international conventions’ obligations. The study can be deemed as the first attempt to examine the consistency of the SDGs with the national environmental legal framework, which can be employed to enhance the sustainable practices. Moreover, the study develops a simple framework that can assist in reviewing, keeping the legislations and strategy consistent with the SDGs.

Performance of open government data in a developing economy: a multi-stakeholder case analysis of Ghana

PurposeThis study uses the technology fit–viability theory to study the performance of one of the early pioneers of open government data (OGD) in Africa. The study aims to investigate the task and technology fit, as well as the economic, IT infrastructure and organisational viability as performance measures for the Ghana Open Government Data (GOGD) initiative.Design/methodology/approachThe study adopted a qualitative approach by interviewing key actors within the GOGD ecosystem, namely, the OGD implementing body, data suppliers and data users. The results were compared with established OGD best practices and standards around the world.FindingsThe results suggest that Ghana’s OGD architecture appears far from meeting its fit and viability goals because of lacklustre performance attributed to the following factors: a complete lack of synergy among various stakeholder groups and actors in the GOGD ecosystem, a lack of sustainable financial support for the implementing body, a shortage of qualified staff for the GOGD project and partial neglect of GOGD as a consequence of the implementation of a new project called eTransform.Research limitations/implicationsThis research is limited to Ghana’s OGD initiative. Perhaps, a comparative study on the performance of other OGD initiatives in Africa and other developed countries will present another view of how OGD initiatives are performing across the globe. Again, the number of interviewees in the study may not be sufficient to generalise the results.Practical implicationsThe study guides developing economies on how to examine national and international legal frameworks that have consequences on the usage of OGD at the national and sub-national levels. Besides, the study results will help implementing agencies and by extension government to be wary of the consequences of neglecting relevant stakeholders in the implementation process. The study also emphasizes on the need for developing economies to have sustainable funding and technical support for OGD implementation.Social implicationsThe study helps shape citizens’ understanding of what the government is doing pursuant to making data readily available for them. Because OGD spurs innovations, citizens’ continuous involvement is key in the process of realising government drive to be open and accountable to citizens through data.Originality/valueThis research is the first, to the best of the authors’ knowledge, to present a retrospective and prospective view of a country’s OGD implementation to ascertain the country’s fit and viability. More uniquely, this study will be the first, to the best of the authors’ knowledge, in assessing the performance of OGD setup in Africa.

Implementation of the principles of effective public governance for sustainable development in Uzbekistan

Introduction. The article is devoted to the issues of consistency of the national legislation of Uzbekistan with the Principles of effective public administration in the interests of sustainable development. The practical implementation of these principles is of great importance for increasing the efficiency, accountability and transparency of government bodies at all levels in achieving the goal embodied in the 2030 Agenda and, accordingly, national sustainable development goals. The core elements of efficiency, accountability and inclusiveness under Goal 16 of sustainable development, are reference points that guide the vector of governance for sustainable development. The paper presents an analysis of the regulatory framework of the public administration system in Uzbekistan, the main directions of administrative reform aimed at creating independent and competent institutions that effectively interact with each other within the framework of the professional civil service. This takes into account national conditions, opportunities and level of development, national strategies and priorities.Materials and methods. The methodological basis of the research was formed by general scientific and special methods of learning of phenomena and processes (analytical survey, generalization, system-oriented, functional-analytical, statistical approaches). Monitoring and analysis of regulations and official documents of the Republic of Uzbekistan in the field of public administration, international and national statistical data were carried out.Results. The study summarized and systematized the regulatory framework aimed at ensuring the improvement of the public administration system within the framework of one of the main elements of Sustainable Development Goal 16 - efficiency. In general, the established national legal framework was found to meet the requirements for the creation of effective, accountable and inclusive institutions at all levels for the implementation of the 2030 Agenda for Sustainable Development.Discussion and conclusion. The active implementation of legislative and institutional reforms by the government of Uzbekistan initiated the creation of a more open and transparent system of effective governance, contributing to the implementation of the SDGs in the republic. However, the existing problems and challenges indicate that this system is still far from being perfect and requires a systematic approach to create legal and institutional mechanisms for implementing the principles of effective public administration.

Some Implications of the Development of E-Commerce on EU Tax Regulations

E-commerce has progressed within Europe before, on the basis of the pre-pandemic raise, with COVID-19 determining an explosion of its evolution. The European e-commerce market is very important, linking together more than 500 million consumers. This paper presents the results of assessing the guidelines and trends observed in the European regulatory process in the current period, when e-commerce is developing appreciably, studying the applicable legal norms and their effects on facilitating the control of remote payments. Compliance with the VAT (value-added tax) regime is addressed in the context described by the two important categories of active legal rules: the rules for consumer protection and the rules related to ensuring data protection. The investigation of the legal framework in this regard started from the presupposition that the necessary changes in regulation for facilitating e-commerce are capable to determine indirect changes in many aspects of financial rules and taxation. While analyzing the regulation of online trade, the various measures undertaken recently in respect to European sources of law and their implications for national legal framework opened additional directions of investigation. This paper points out the indirect effect of e-commerce development on the regulatory framework, both in the area of consumer protection and in line with the difficult balance between the right to information and protection of data. The fiscal effects of e-commerce payments and the challenges for the value-added tax regime are also addressed, both from a theoretical point of view and with input from the Court of Justice of the European Union’s jurisprudence. The analyzed documents show that, in this respect, the legal reform will go deeper and will continue with the rhythm of the development of the online activities.

Influence of Governance on Sustainable Municipal Solid Waste Management in Ruiru Sub-County, Kiambu County

Sustainable Municipal Solid Waste management has remained a big challenge in Africa and other resource constrained settings. However, to achieve sustainability, the gaps in governance of waste management need to be addressed speedily as populations are expanding rapidly, far exceeding available infrastructure and resources. Ruiru subcounty has a rapidly expanding population which has not been matched with sustainable waste management in commercial and residential sectors. This study sought to establish the influence of governance on Sustainable Municipal Solid Waste management in Ruiru Sub-County. Mixed methods research approach and descriptive research design were used in both data collection and analysis. This involved administration of Questionnaires, interviews and observation checklist through an online platform Kobo Collect. Results of the study showed that the County Government and subsequent sub-counties are responsible for waste management. Despites this mandate there are heaps of waste remain in commercial and residential areas. This is attributed to various governance challenges such as lack of prioritization of waste management, limited financial and human resources, minimal community participation, disregard of informal players in waste management cycle, weak implementation and enforcement of waste management policies. While it is desirable to attain sustainable solid waste management in Ruiru, and while the national legal frameworks are in place, there are major challenges and gaps in solid waste governance. Therefore, this study concludes enforceability of mechanisms, adequacy of funding, wholistic involvement of all players remain daunting. Unless these are addressed, sustainable waste management will only remain an unattainable goal.

On Route to Climate Justice: The Greta Effect on International Commercial Arbitration

Climate change is the greatest global challenge that humankind has ever faced. It has changed the way in which communities, governments and businesses interact with each other, how they contract one with another and what legal disputes they face. National and international legal frameworks currently in place rarely provide the necessary mechanisms to resolve new kinds of disputes that have emerged and as a result, important gaps remain. International commercial arbitration is uniquely placed to respond to the transboundary nature of climate change. Its inherent flexibility, innovativeness, ability to deal with complex, cross-border issues and the possibility to choose a neutral adjudicator according to his/her expertise give commercial arbitration an important advantage over court litigation. However, some of its characteristics that are seen as welcome and desired in different contexts create important challenges for achieving climate justice. Therefore, innovation in this area will be necessary if commercial arbitration is to become an attractive option for resolving climate change-related disputes between businesses. The arbitration community should try to find constructive ways in which commercial arbitration can innovate itself so that it can complement other methods of dispute resolution traditionally used for climate change disputes. climate change, climate justice, ESG, international commercial arbitration, private finance, Paris Agreement, arbitration clause, expertise, transparency, Campaign for Greener Arbitrations, Chancery Lane Project, COP 26

Addressing the Prevention of Internal Displacement: the Right Not to Be Arbitrarily Displaced

Internally displaced persons (IDPs) constitute one of the important subjects to consider for enhancing the understanding of migration. They also play a significant role to the contribution of maintenance and promotion of international peace and security and they should be an important component of any comprehensive strategy to resolve conflict and build peace. Even though IDP numbers still increase dramatically, the root causes of internal displacement have not been studied extensively. This article addresses this gap through an examination of the right not to be arbitrarily displaced and its evolution at the national level. The article first examines the content of the right not to be arbitrarily displaced and the meaning of the term ‘arbitrary’ in different situations of internal displacement and then demonstrates that the capacity of this right to perform a critical role for IDP protection has been facilitated by developments across national laws. The empirical analysis shows that certain countries have developed more ambitious and comprehensive national legal frameworks on IDP rights, and this process has led to the recognition of the right not to be arbitrarily displaced in their domestic frameworks. It can be argued that there are now a critical number of countries that explicitly recognise this right, and which have even created policy-making frameworks that promote the applicability of this right.

Deposit insurance, banking stability and banking indicators

The deposit insurance system is a form of banking regulation that protects depositors and provides stability in the banking system. It is an important part of the financial safety net, especially in times of economic turmoil, as it provides explicit depositor protection and prevents a ‘bank run’. However, there are some negative effects on banking stability associated with the increase in bank risk, i.e., moral hazard, adverse selection and the principal-agent problem. The functioning of the deposit insurance system depends on its determinants, but also on the characteristics of the national banking system, supervision, legal and cultural framework and the general development of the country. Considering that the banking systems in EU and especially in comparison to Southeast European countries are very different, the aim of this paper is to study the impact of the deposit insurance system on bank stability depending on the characteristics of banks. Bank stability is analysed using bank risk variables: z-score and ratio of non-performing loans to total loans. By applying a dynamic panel analysis using the GMM Arellano–Bond (AB) estimator to a sample of EU countries and selected Southeast European countries, we provide further evidence on the deposit insurance system over the period from 2005 to 2014. The results provide evidence that large and systemically important banks behave in a riskier way, distorting the purpose of the deposit insurance scheme and jeopardising the safety of banking systems.

The Salient Dynamics of Cross-Border Ocean Governance in a Regional Setting: An Evaluation of Ocean Governance Systems and Institutional Frameworks in the Guinea Current Large Marine Ecosystem

This article contributes to a growing body of research on the Large Marine Ecosystems Concept. It particularly shines the light on the Guinea Current Large Marine Ecosystem (GCLME), a biodiverse maritime domain providing essential ecosystem services for the survival of a large population while at the same time under intense pressure from both anthropogenic and natural factors. With the need for coordination and cross-border ocean management and governance becoming imperative due to the magnitude of challenges and maritime domain, we examine the factors that underpin ocean governance and those key elements necessary for cross-border ocean governance cooperation in the region. The research draws on qualitative data collected from peer-reviewed literature and documents sourced from different official portals. Three countries in the region (Benin, Nigeria, and Cameroon) are selected as the descriptive and comparative case studies to examine: (i) the factors that drive ocean governance (including geographical features, maritime jurisdictions, political framework, maritime activities, and associated pressures), and (ii) key enabling factors for cross-border ocean governance and cooperation in the GCLME (including marine and coastal related policy and legal framework convergence from international to national including, and shared experiences, common issues and joint solutions). We show that the biophysical maritime features, the implementation of the United Nations Convention on the Law of the Sea (UNCLOS), otherwise known as the Law of the Sea (LOS), inherent political characteristics and the relics of colonization, and increasing ocean use and pressure on the ecosystem make ocean governance challenging in the region. Our analysis also reveals a varying level of convergence on international, regional and national legal, policy and institutional frameworks between the case studies on ocean-related aspects. Significant convergence is observed in maritime security, ocean research, and energy aspects, mostly from countries adopting international, regional and sub-regional frameworks. National level convergence is not well established as administrative and political arrangement differs from country to country in the region. These different levels of convergence help reveal procedural and operational shortcomings, strengths, weaknesses, and functional capability of countries within a cooperative ocean governance system in the region. However, experience from joint-implementation of projects, pre- and post-colonial relations between countries and the availability of transboundary organizations that have mainly emerged due to sectoral ocean challenges would play a crucial role in fostering cross-border ocean governance cooperation in the region.

A review of road traffic accidents reconstruction methods and their limitations with respect to the national legal frameworks

Road traffic accidents are the main issue in terms of public safety among Romania and Europe. Reconstructionists aim to ease their work and to offer results as exact as possible, by using a variety of reconstruction methods, from numerical modelling to software simulations of the collisions in which vehicles are involved. Depending on the conditions of a road traffic event, several methodologies can be used, with proper validation. However, the national legal frameworks may be considered as barriers in using a large variety of reconstruction methods. Therefore, this area of research should be further developed, in order to enlarge experts’ choice, especially in the context of rapid development of the automobile industry.

Quarantine regulations during the coronavirus pandemic: A study in light of national and international legislation

Since the outbreak of COVID-19, countries have instituted multiple regulations and implemented various measures to preserve public health. One of the most important measures is quarantine, which restricts the right to freedom of movement enshrined in international and national laws (UN General Assembly, 1948). The study aims to clarify the freedom of movement concept and to consider the legality of quarantine as a restriction on this right (Talbi, 2021). It also aims to tackle the national regulations and procedures implemented in response to the COVID-19 pandemic in Jordan, the United Arab Emirates (UAE), and Kuwait. The research problem is the lack of clarity regarding the national legal framework and procedures related to quarantine, and the lack of deterrent penalties related to their violation, as well as the difference and disparity among the countries under study in response to the rules of international law and the application of procedures and penalties in the face of COVID-19. The authors relied on an analytical and comparative approach of the legislative provisions in addition to a statistical database published by a trusted website. The study concluded that the legal provisions related to confronting COVID-19 are still unclear and that the penalties do not serve as deterrents.

Autonomy of University as a Democratic Governance Principle in Latvia: Abstract

Autonomy of a university is a right to self-determine its existence and operation. Autonomy is not the absolute freedom of action of the institution, but rather the liberty to operate within the national legal framework. Autonomy embraces the democratic principles of a governance model enforced with the purpose to maintain a balance between the self-governing entities. The balance refers to internal and external democracy. Shifting the balance of the current governance model of the Constitutional Assembly, the Senate, the Rector, the Audit Commission and the Academic Arbitration Court affects democracy at large. The article aims to analyse the legal framework of university autonomy and its changes, identify shortcomings of the governance model, and propose solutions to them. Used materials include legal acts, publications and literature. Methods used in the article are descriptive, analysis, synthesis, dogmatic, induction and deduction, and legal interpretation methods as well – grammatical, systemic, historical and teleological methods. The main results relate to how changing the university governance model in Latvia impacts the university autonomy and compliance with the democratic principle in governance. Leaving the choice to establish the Constitutional Assembly to the university jeopardises the principle of participation of a university staff in the university’s activities. Furthermore, leaving the establishment of the Academic Arbitration Court to the university dismantles the democratic balance in the university governance. Keywords: autonomy, self-governance, constitution assembly, the senate, the rector, the academic arbitration court