Public Rights Research Articles

Involving People in Conservation: Perceptions from Maine, USA

Abstract Environmental conservation groups involve people in diverse ways. These include participatory spaces where people can participate in decision-making and action and engagement processes, where groups communicate, educate, and conduct outreach to build environmental understanding and involve audiences in conservation activities. We explored the perceptions and experiences of conservation practitioners in Maine, USA, to understand their views of participation and engagement. We interviewed 21 practitioners and analysed the qualitative data using an interpretative phenomenological approach grounded in interviewees’ words and experiences. All interviewees recognised the interconnections between people, places, and the non-human world; however, individuals and the groups they work within thought about the role of people in conservation in diverse ways. Views of public stakeholders and rights holders, individual values, Indigenous knowledge, commitments to place and community, and personal experiences all influence who is involved, how people are involved, why people are involved, and what comes of people’s involvement. We conclude by discussing the implications for equitable conservation that seeks to incorporate diverse voices.

The development of international civil liability legal regime for nuclear damage and their inspiration for domestic law-making

As International Atomic Energy Agency has stated in its Handbook on Nuclear Law, “Even in situations for which the highest standard of safety has been achieved, the occurrence of nuclear accidents cannot be completely excluded.” Therefore, the international legal framework for nuclear damage compensation liability has been evolving since the establishment of Nuclear Energy Agency of Organization for Economic Co-operation and Development (OECD NEA) and International Atomic Energy Agency (IAEA). Over the years, various international treaties have been enacted to address the compensation of nuclear damage and to establish liability regimes for nuclear incidents. To date, these treaties have established a series of legal principles of nuclear damage liability, such as the sole liability principle, the strict liability principle, the financial guarantee principle etc., which have been developing since establishment. This paper offers an overview of the historical development of the principles of these international treaties for nuclear damage liability and thus draws upon both primary and secondary sources, including treaties, official documents, academic literature, and reports by international organizations. Including the legislation study methodology, comparative methodology is also adopted in this paper to analyze the changes and trend of these principles. The paper reveals that the Paris Convention, which was established in 1960, was the first attempt to establish a comprehensive legal regime for nuclear damage liability. Most of the principles of this Convention have been inherited by subsequent international treaties and domestic legislations. With the awareness of protecting public’s rights having been significantly strengthened, the range of compensation has been broader, the matters of immunity from liability for operators of nuclear power plants have been reduced, the limitation of the compensation amount has been higher etc. In conclusion, the international legal regime for nuclear damage liability has been showing a shift from protecting the development of the nuclear industry to a joint protection of both public health and rights and the nuclear industry, which should be paid attention to and deeply learnt by domestic legislators of all states for the establishment and perfection of their domestic legislation in this field.

PSIT communication, collaboration, and inclusion: needs, challenges, and current proposals

The 21st century has involved several changes at the social, economic, educational, health, etc. levels, brought about by events of different types, such as, for example, the constant conflicts in different parts of the world (including the Afghan conflict or the war in Ukraine), natural disasters caused by climate change, or health crises such as COVID-19 (Valero-Garcés and Alcalde Peñalver, 2024). These situations have often resulted in humanitarian crises that have involved large-scale population movements (Valero-Garcés and Alcalde Peñalver, 2024). This increase in population movements has been a challenge in itself as it has led to the configuration of new multicultural societies across the globe (Valero-Garcés and Lázaro Gutiérrez, 2016). This new reality implies not only coexistence but also access to basic public rights and services for the host population who does not speak the main language as well as the fulfilment of human rights (Vitalaru, forthcoming); in these different contexts, communication is essential. The very characteristics of PSIT, with its variety of contexts and situations, imply a series of challenges for different groups (users, service providers, and translators and interpreters) related to the provision and availability of services; provision and availability depend on the field in question, the availability of professionals for all the language combinations involved, the existence of training programmes, the quality of the training available, access to such training, etc. These challenges have been identified through the practice of the profession as well as through more specific research and are all related in some way to professionalisation. This article gathers some of the needs and challenges raised in different studies focused on Spain, as well as a summary of the topics covered in the articles included in this thematic issue of the journal. The contributions in this issue attempt to offer, from different perspectives (professional practice, training, and research), results, reflections, and actions considering the variety of PSIT situations and tasks. As this is a special thematic issue, the issue includes only articles and interviews.

The analysis of the reasons the UK is unlikely to become a police state

In today’s society, there is tension between the exercise of public power and the protection of free speech. In Britain, nearly 1,000 people have been arrested for freedom of speech in the past five years. There has been discussion about whether Britain is becoming a police state. The system of the police state is undemocratic and authoritarian and serves a particular class. Under such a system, the police can arbitrarily use public power to arrest citizens, and citizens’ fundamental freedoms cannot be guaranteed. Today’s British society is civil, and citizens enjoy fundamental rights, including freedom of speech. The law establishes the boundaries of freedom of speech. Regarding limiting police power, the scope of police power can be clarified at the legislative and judicial levels, and the relationship between public power and private rights should be balanced. Thus, this paper argues that Britain will unlikely become a police state.

The legal regime for cryptocurrencies in Kazakhstan and impossible control of their circulation

Development of a legal framework for cryptocurrencies in Kazakhstan is described in this article: from very first steps in 2018 when financial intermediaries were just warned from use of Bitcoins and alike in their transactions to prohibition of their circulation established into 2020, with cancellation of the prohibition and strengthening regulation of crypto mining in 2023. Authors show that neither existence nor absence of a legislative restriction of cryptocurrencies’ circulation can help the State to control respective turnover. Respectively, no efficient solution can be said existing to both support a public order and protect individual property rights to cryptocurrencies. Keywords: Republic of Kazakhstan, cryptocurrency, Law on Informatisation, digital assets, AIFC, digital mining, regulation, legal framework.

Public good, mindful bodies and human rights: a narrative investigation of the health-related experiences of unhoused adults confined in the Strandfontein Camp during the first wave of the COVID-19 pandemic in Cape Town, South Africa

ABSTRACT This paper explores unhoused people’s health-related experiences and perceptions of the implementation of the City of Cape Town’s COVID-19 policy involving the movement of people to the “Strandfontein Camp”, undertaken during the South African lockdown from March to April 2020. This policy was intended to serve as a public health measure to protect people from the spread of the virus. It ultimately resulted in the forced relocation of about 1600 people experiencing homelessness in the city to a temporary camp. A qualitative exploratory study design and the theoretical framework of the “three bodies” of the anthropologists Scheper-Hughes and Lock guided the study, which explored the perceptions of those who were moved to the Camp. The participants’ narratives about their body-self, the social representations, surveillance and control of their bodies by the City were also central to navigating the complex relationship between public health interventions, human dignity and rights. The findings highlight the importance of revising the approach to shelter for people experiencing homelessness to ensure the implementation of effective and equity-focused health interventions during a global pandemic. The findings also point to the need for more consultative and nuanced public health responses in the future and for pandemic readiness.

Public right of access to private land: examples and considerations

ABSTRACT Public right of access, everyman’s or everyone's right, freedom to roam, right of public access to the wilderness and the right to roam are terms used for concepts that give people an independent right of access to forest land and rural areas for recreational or passage purposes. Access is not a self-evident right nor are the practices in different countries resolved alike. In this paper, we review how the public right of access is resolved in different countries, with a focus on cases in Sweden and Finland. We highlight problems that arise when the right of access enables extensive use of the land by the public and may make everyone’s right prone to features related to the tragedy of the commons. We find that the code regarding public access depends largely on cultural, historical, and political differences and thus has no international or unambiguous definition as to what it includes or should include. The concept has worked considerably well throughout time but, as the original reasons for the right have waned and recreational use and demand have increased, the question has been raised whether everyone’s right should be redefined to prevent complications between users and landowners.

Public Rights Orientations and Views on Long‐Term Care Options for Children in the Child Protection System: An Analysis of Representative Samples of Adults in California, USA and Norway

ABSTRACTThis study examines a representative sample of adults in California (USA) and Norway, and their attitudes toward adoption versus foster care in a child protection case. The results show that a majority of people favour adoption for a child who has been removed due to maltreatment and cannot be reunified with birth parents. The study examines if people's rights orientation, favouring children or adults, or favouring birth parents or adoptive parents, or their institutional context explain their preferences about long‐term care options. Data material consist of representative samples of the population in California (USA) and Norway (n = 2222), using a vignette survey design. Findings suggest that individuals with a child rights position favour adoption, but attitudes about birth parents' and adoptive parents' rights are not related to care option choices. Institutional context, anchored in policy feedback literature, partly explains the preference for adoption and the population's rights orientation. Further studies are necessary to confirm the role of rights attitudes and institutional context.

Islamic Perspective On Land Law In Indonesia

This writing has an Islamic view of land ownership in Indonesia, the discussion of which is not only the view of positive Indonesian law, but the view of Islamic Law. The aim is that it can be used as a legal comparison to broaden insight into the concept of land ownership. By comparing legal systems, we can find similarities or differences, so we can find out which one is better. The final conclusion of the writing is that there are several things, namely, First, that the concept of land ownership in positive law in Indonesia, including the Republic of Indonesia, in various applications/rules seeks to regulate the utilization, allocation and use of land for the benefit of humanity in Indonesia, and hereinafter known Ownership rules have a religious communalistic element, referring to the rule of collective rights of members of the customary law community over land, which in the customary law literature is called Ulayat Rights. The rules/concept of land ownership in customary law are: there are Ulayat rights, then the subject is the customary law community, then the object includes all land belonging to the customary law community. The rules/concept of land ownership from the perspective of Islamic law is that everything belongs to Allah Almighty, which is empowered to servants/humans, as humans we must use Allah's law, implement individual and public property rights in a balanced manner, finally there is no system of ownership/landlords. Especially for land rights related to community development, the principle of Community Based Resources Management, namely the principle of structuring natural resources of land and plantations based on the local community, should be expected. In this way, the Land Law will provide guarantees for the development of the ummah, which in turn creates a State that is bandatum toyyibatum wa Rabbun Ghafur, and spreads Rahmad for nature and all the ummah around it.

False Start on NIL: Public and Private Law Should Treat College Athletes Like Any Other Student

For most of its regulatory existence, the National Collegiate Athletic Association (“NCAA”) has preached the importance of integrating intercollegiate athletics into the campus culture and educational mission, insisting that athletes be an integral part of the student body. A core element of this creed was the amateurism principle—college athletes must not be paid or professionalized. To preserve and enforce the amateurism principle, the NCAA and its divisions promulgated a vast and complex regulatory scheme that paradoxically resulted in segregating, rather than integrating, athletes into campus life. While nonathlete students enjoy increasing autonomy to pursue expressive and economic activity, athletes are subject to paternalistic rules that restrain their lives on and off campus and deny them a share in the wealth generated by their athletic talents. In a watershed moment in the summer of 2021, this began to change. In June 2021, the Supreme Court in National Collegiate Athletic Association v. Alston affirmed that the NCAA had violated antitrust laws by capping the benefits that member institutions could offer to athletes when competing to recruit them to college teams. July 2021 brought the effective date of the first of many state laws preventing the NCAA from penalizing college athletes who monetize their name, image and likeness (“NIL”). In response, the NCAA amended its amateurism bylaws to permit all college athletes, regardless of where they attend school, to engage in NIL commercial activity consistent with state law and NCAA guidelines. What followed was a cycle of NCAA rulemaking to preserve the amateurism principle alternating with state legislative rejoinders to preserve in-state athletic programs’ recruiting advantage. The resulting morass of private and public NIL rules customized to the college athlete led to calls to federalize those regimes. Proposals for federal legislation would establish national standards and a centralized regulatory authority for college athlete NIL exploitation. No such bills have gained traction in Congress. This Article argues that both public and private law regimes singling out college athletes for customized regulation have it wrong. Instead, states, schools, and athletes would benefit from discarding specialized rules and reverting to laws of general application—in other words, let’s treat college athletes like any other student on campus. At least with respect to NIL, do away with the bifurcation of higher education into athletic and nonathletic fiefdoms and rent-seeking special treatment of the university’s relationship with athletes. Adopt a principle of nondiscrimination that deals with all college students the same way when they seek to benefit from and monetize their identities and publicity rights.

Using Implementation Science to Improve Evidence-Based Policing: An Introduction for Researchers and Practitioners

As “the scientific study of methods to promote the systematic uptake of research findings and other evidence-based practices into routine practice,” implementation science (IS) offers the potential to translate effective innovations in policing across agencies and local contexts with fidelity and sustainability in support of a commitment to evidence-based policing (EBP). Despite this potential, and its widespread use in adjacent fields facing similar challenges, implementation science remains almost completely unstudied and unutilized in police settings. To fill these gaps in research and practice, this paper provides an orientation to IS for police researchers and practitioners. It recounts EBP’s historical roots in an evidence-based approach to health care, demonstrates the commonalities that make IS as natural to policing as medicine, and surveys the existing literature on the employment of IS in policing. It adapts a conceptual model of IS to policing, presents two well-developed frameworks, and introduces three types of hybrid implementation/effectiveness trials suitable for use in dynamic police settings. It then provides illustrative cases in policing where the use of IS would be apt, and highlights the importance of the de-implementation of substandard or problematic practices as a key but often overlooked aspect of IS. It concludes by discussing how police practices that fully embrace evidence will nonetheless be guided by contestable values and norms, and how IS provides a way to address this concern. The paper provides research and practice agendas for integrating IS into EBP as police seek to adopt evidence-informed practices that deliver public safety, respect rights, and increase community satisfaction and trust.

Republicity. Kant’s late extension oftranscendentality to politics and right

The contribution investigates Kant‘s extension of transcendental-philosophical thinking from the critique of purely theoretical reason to his late political and legal philosophy. The focus lies on the transcendental ingredients of Kant’s juridico-political thinking in general and on the “transcendental concept” and the “transcendental principle” of publicity in particular. The first section outlines the original project of transcendental philosophy in the Critique of Pure Reason. The second sectiontracks the introduction of transcendental features outside of transcendental philosophy proper beginning in the Critique of thePower of Judgment. The third section is devoted to the role of publicity as the “transcendental principle” for a politics conformingto juridical right in Toward Perpetual Peace. The fourth section presents the distinction between private right and public right inthe Metaphysics of Morals under the quasi-transcendental perspective of rendering permanent the previously provisional claims ofprivate right by means of the institution of public right.

Ensuring Environmental Justice (EJ) through Public Interest Litigation (PIL) in Bangladesh

The legal system in Bangladesh has recently adopted the term Public Interest Litigation (PIL), which is a novel idea that provides complete rationale for the widely acknowledged notion that humans are social animals. It is founded on the necessity of the public interest or the violation of the public rights and is known as constitutional jurisprudence. The Public Interest Litigation (PIL) mechanism was established to enable common persons to submit a letter and bring this matter to the attention of the highest court. PIL proceedings are now an essential component of the nation's legal system. Notwithstanding these drawbacks, judicial activism is a highly significant potential tool that the judiciary can use in Bangladesh to uphold and advance the rule of law and human rights. Enhancing the rule of law, advancing fundamental rights, and applying the law equally to citizens and states are the responsibility of the judiciary. Laws can be shaped by the judiciary, which can also provide them direction and consistency. However, the nomination mechanism of the current government and judges' commitment to uphold the values of their specific jurisdictions serve to restrain the radicalism of the judiciary. Judges in Bangladesh are more inclined than other government bodies to make unpopular but ultimately wise verdicts since they are not engaged in political politics. The public anticipated that the courts would play a more significant role in resolving environmental problems as a result of the court's broadening of the definition of the right to life to include environmental protection. This essay explores the concept of access to justice via public interest litigation in a number of Bangladeshi court rulings.

The Violation of the Law and Religious Freedom in the Context of the Case of the Russian Church in Sofia—A Real Legal, Political and Canonical Issue

For more than a century, in the center of Sofia, the capital of the Republic of Bulgaria, there is and functions the church of St. Nikolai Mirlikiyski the Wonderworker, known as the Russian church. The church was built at the beginning of the 20th century with the idea of being part of the complex of the Russian imperial diplomatic body in Sofia and to serve the Russian diplomats, their families and the Orthodox Russian citizens living permanently or temporarily in the Bulgarian capital. However, after its consecration in 1914, disputes began, both regarding the ownership of the church building and the canonical jurisdiction of the church—of the Metropolitan of Sofia or the Holy Synod of the Russian Orthodox Church in Moscow. This dispute culminated in September 2023, with the expulsion from Bulgaria of several Russian and Belarusian clergies serving in the Russian church on charges of espionage in favor of the Russian Federation. The subsequent closure of the church by the Russian ambassador Mitrofanova led to internal and external political tension and ecclesiological chaos in the country. The Russian side violated the Bulgarian Law on Religions, known as the Confessions Act 2002, and directly infringed the Statute of the Bulgarian Orthodox Church. This article provides expert answers to the public law, property rights and canonical issues concerning the case of the Russian church in Sofia, based on the relevant sources of law (ecclesiastical and civil).

Human rights versus national security in public opinion on foreign affairs: South Korean views of North Korea 2008–2019

While human rights are an integral part of liberal democratic rule, the extent to which public opinion in democracies prioritises human rights in other countries relative to other competing foreign policy priorities is not clear. This is particularly the case when a country that systematically breaches human rights also poses a serious security threat and there are incentives to improve relations with the regime in power. To assess whether and how the public values human rights vis-à-vis national security in foreign affairs, this paper utilises survey questions that capture the public’s relative preferences between the two in South Korean public opinion regarding relations with North Korea. It provides evidence that when a democratic government attempts to improve relations with a regime committing grave human rights violations, public opinion in the democracy deprioritises human rights in favour of reducing military tension. The findings shed light on the trade-off that exists in attempts to improve relations with a regime that is both a security threat and a systematic violator of human rights.

Mazovian Interglacial sites in the Sosnowica Depression and the Parczew-Kodeń Heights (Western Polesie, SE Poland), and their stratigraphic, palaeogeographic and palaeoenvironmental significance

We describe the geological context of the Pleistocene strata in the Sosnowica Depression and the Parczew-Kodeń Heights, as well as the main geological processes taking place in that area during the Middle Pleistocene. The stratigraphy of the Pleistocene succession is based on the analysis of new sites with Mazovian Interglacial deposits (MIS 11c) with age determinations obtained from palaeobotanical and palaeofaunal proxies, at Zahajki, Wygnanka, and Sytyta in the Sosnowica Depression, and Podedwórze and Gęś 3 in the Parczew-Kodeń Heights. The interglacial deposits documented occur in the direct subsurface and are not overlain by glacial deposits, which indicates that the study area was not covered by the ice-sheet of the Middle Polish Glaciations (Saalian, MIS 6). They are overlain by Early Liviecian (Fuhne, MIS 11b) lacustrine and bog deposits, or upper Vistulian (MIS 2) clastic and bog deposits. Holocene strata lie above. Therefore, the glacial deposits building the Parczew-Kodeń Heights are considered to derive from the Sanian 2 (Elsterian, MIS 12) Glaciation and not from the Saalian (MIS 6) Glaciation as previously thought. Palaeolakes formed in the late part of the Sanian 2 (Elsterian, MIS 12) Glaciation and remained open during the Mazovian Interglacial (Holsteinian, MIS 11c), with some still existing until the Early Liviecian (Fuhne, MIS 11b) Glaciation. The palaeolakes described were part of an extensive palaeolakeland of the Mazovian Interglacial, stretching from the southern part of Podlasie to the northern part of Western Polesie. The last ice-sheet in Western Polesie represented the Sanian 2 Glaciation. Downloads pdf Published 2024-07-20 — Updated on 2024-07-23 Issue Vol. 68 No. 2 (2024) Section Articles License Authors who publish with this journal agree to the following terms: Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal. Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal. Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as this can lead to productive exchanges and earlier and more frequent citation of the published work (See The Effect of Open Access).

Significant UK Environmental Law Cases 2023–24

Abstract This case law overview comments on significant UK environmental law cases for the period 1 April 2023–31 March 2024 (with one exception where a High Court decision within that period was overturned on appeal just after it). It begins with an overarching introduction, which draws some general themes from our selection of cases, focussing on the breadth of environmental law and issues of public concern in public and private law disputes. It then addresses 12 significant cases concerning the accrual of causes of action in private nuisance, whether there is power to vary abatement notices in respect of statutory nuisances, climate change, habitats, flooding, cumulative environmental impact assessment, river basin management plans, storm overflow discharge reduction plans, Regulators’ Codes, and public rights on Dartmoor Commons. It ends with some final thoughts on this year’s cases and the year ahead.

AXIOLOGY OF THE DOCUMENT IN THE ACTIVITIES OF THE NATIONAL POLICE OF UKRAINE

Introduction. In this article, a comprehensive analysis of determining the value of a document in the activity of the National Police in Ukraine is carried out in order to establish the significance of documents in police activity. Police officers work and process a large number of documents that directly affect the legality of the exercise of authority and the level of effectiveness of this body. Therefore, the question of the significance of documents in police activity is quite important. Summary of the main results of the study. For a comprehensive and objective disclosure of the chosen topic, a study of the essence of police activity was carried out in order to establish the place of the document in the relevant sphere of authority, as a result of which a conclusion was made regarding the main essential areas of police activity, namely: protection of public order and public safety, human and citizen's rights and freedoms, prevention of offenses, detection of causes of offenses, termination of offenses, investigation of committed offences. That requires processing and creating a significant number of documents in the course of exercising police powers, in these areas of their activity. The origin of the document as a material carrier of information was also analyzed, a historical tour of the origin of this term was carried out, and its quintessence was determined. The features of the document are highlighted and its types are defined. As a result, the concept of a document was formed as a material medium for recording, storing and transmitting information. This definition fully corresponds to the essence of the application of the document in police activity, which is the basis for establishing the relationship between the document and police activity. Having determined the main issues of the researched topic, an analysis of the place of documents in the activity of the police in Ukraine was carried out through the specification of their manifestations, in the course of the exercise of police powers. Based on this, it was established that certain types of documents must be drawn up in the activities of the police, which are related both to organizational and administrative activities, and to the application of preventive or coercive measures. Conclusions. So, after analyzing the chosen topic, you can come to conclusions about the undoubted value of the document in police activities. Namely, the document serves in police activities as a means of recording information about the exercise of certain powers by police officers, certification of the fact of the performance of official duties, certain facts, and serves as a means of proof. In addition, the document records a fact that has legal significance and causes the emergence, change or termination of legal relations and a change in the legal status of a person. Therefore, the document is an important component of police activity in Ukraine.

Understanding the experience of assistance dog providers supporting people with disability: an exploratory study

Purpose Assistance dogs can provide many health and wellbeing benefits to people with disability, however challenges remain. Assistance dog providers provide crucial support to assistance dog handlers, however limited literature exists exploring their experience working with people with disability. This study aimed to understand the experiences of assistance dog providers working in Australia. Materials and Methods Twelve assistance dog providers participated in semi-structured interviews. Inductive thematic analysis was used to analyse the transcripts. Results Five themes emerged describing the participant experience. Theme one discussed instances of discrimination experienced by assistance dog handlers, stemming from the lack of public awareness. Theme two captured the inconsistencies regarding the training of assistance dog providers with a specific focus on the gaps in the disability specific knowledge. Theme three emphasised the lack of clarity regarding legislation outlining the training requirements of assistance dog providers and the public access rights of the handlers. Theme four emphasised funding barriers, and theme five discussed barriers to interprofessional collaboration between assistance dog providers and allied health professionals. Conclusion These findings contribute to understanding the current barriers experienced by assistance dog providers and assistance dog handlers, as well as the legislative changes required to better support people with disability.

The Impact of Public Opinion on Digital Media

As Internet technology rapidly evolves and digital media technology becomes more widespread, Users can not only access content on digital media, but also participate in content on digital media through likes, comments, shares, and other means. This paper mainly studies the positive and negative impacts of public opinion on digital media. Conduct research through methods such as literature analysis, case analysis, and review. This paper finds that individuals have greater opportunities to offer their opinions on digital media. In this way, digital media enhances freedom of expression, and public opinion expressed through digital media serves to safeguard and uphold public rights as well. However, polarized public opinion in digital media can also have adverse effects, such as peer pressure and cyber bullying. Therefore, governments, schools and individuals should take their respective responsibilities to maintain the positive effects of digital media on public opinion, solve problems with public opinion in the digital media and better utilize the benefits of digital media and public opinion.