Security Law Research Articles

Legal Protection of Migrant Workers in the Agricultural Sector in Light of Jordanian Legislation and International Labor Standards

This study aims to examine the adequate application of rights and protections granted to migrant workers under Jordanian labor law and social security law in agricultural Sector. The author analyzed the applicable laws, regulations, and relevant literature related to migrant workers in Jordan, including various relevant legislations, court decisions, and legal precedents. Through critical analysis and comparison of various data from these secondary data sources, this work will identify the problems associated with this legislation and consequently provide different recommendations and conclusions. Contradictions between labor law and social security law, as well as the feasibility of implementation and enforcement, lead to a significant gap in the protection of migrant workers in the agricultural sector. The author calls for a more cautious approach and argues for the necessity of respecting the principles that necessitate workers' rights. This study focused on the rights of migrant workers in the agricultural sector, deriving its authenticity and value from being the first and most recent work exploring this issue in light of recent amendments to labor law, social security law, and related legislations.

How can Blockchain be Integrated into Autonomous Systems to Ensure Data Integrity and Trustworthiness, and What are the Potential Pitfalls in Decentralized Autonomous System Operations?

Real-time applications always have security issues present in their ecosystem which needs to be improved. Blockchain technology can be considered as a solution that can ensure network security. The integration of blockchain technology into autonomous systems has now become an important candidate to resolve network security issues in devices that work on p2p communications. As humans become more reliant on autonomous vehicles, the importance of finding a solution to the problems linked with data security needs to be addressed to comply with international security laws. The paper aims to find the importance of blockchain technology and how it can be integrated into different classes of autonomous vehicles. In the research, an analysis of existing papers will be included along with a proposed design that can be deployed to solve the problems associated with data security using blockchain technology. Besides the improvements offered by blockchain technology, all the additional challenges associated with designing a new system and deploying this technology will be reviewed. The limitations of the works along with the future research opportunities that might open up will be presented in this paper.

International Nuclear Security Law: The Use of ‘Soft Law’

Abstract International nuclear security law includes treaties such as the Convention on the Physical Protection of Nuclear Material and its amendment (A/CPPNM), as well as a series of soft law instruments, such as the International Atomic Energy Agency’s (IAEA) Nuclear Security Series (NSS). These treaties and law instruments function as guidelines providing policy direction and ensuring that the various nuclear facilities are properly protected. Traditionally, soft law has been typified by its flexibility and normativity. However, within the field of nuclear security law, nuclear security is mainly assessed using instruments that are properly implemented by relevant regulatory authorities or operators (in the case of soft law instruments), and regulatory bodies are given the authority to order operators to comply with mandatory instruction on the level of municipal law. This delegation of authority is necessitated by the potentially serious consequences of nuclear and radioactive material, as well as the associated facilities and activities. When the provisions of such instruments are transposed into municipal law, they somewhat function as hard laws despite having originated in international soft law. This is because nuclear security is a sensitive topic intimately related to national security. In conclusion, this unique combination of legally binding instruments and non-legally binding ones, which are often converted into legally binding documents as per municipal law in the case of Japan, enables robust control over nuclear security while also providing sufficient flexibility to ensure that a variety of nuclear facilities can fully adapt to the conditions required to protect these facilities.

Material Change Standards in Securities Law

Material Change Standards in Securities Law

Unjustified enrichment and restitution in social security legal relations

The article is devoted to the consideration of the grounds and prospects for the use of the mechanism of restitution in the law of social security. The authors argue that the industry has developed a need for a legal structure regulating cases of unjustified or excessive provision of social security to citizens. This thesis is illustrated by an analysis of current regulatory legal acts and emerging judicial practice. In resolving disputes of the category considered in the article, the courts took the path of borrowing a private law mechanism of restitution, which is generally supported by the authors. At the same time, the article focuses on the need to comply with the rules developed by science for borrowing private law structures by social security law, including ensuring the sectoral adaptation of the implemented legal instrument. In this regard, the authors draw attention to the position of the Constitutional Court of the Russian Federation, formulated in Resolution of 14.01.2016 no. 1-P. In the work, this position of the Constitutional Court of the Russian Federation is regarded as focusing on a specific industry adaptation of the borrowed legal structure of restitution for the purposes of social security law. The authors emphasize that when the parties to the social security legal relationship return to the state preceding the violation of the law, it is necessary to formalize the distribution of the burden of adverse consequences of the error of the authorized body on the basis of the general legal principle of justice, excluding a formal approach to resolving the legal situation. This involves taking into account the specifics of the life situation in which the citizen is, the duration of the period during which he received the social payment assigned by mistake, as well as other significant circumstances.

Food security, Food insecurity, and International Law

Food security, Food insecurity, and International Law

The Failure of Data Security Law

The Failure of Data Security Law

Hong Kong anthropologists within global neoliberalism and national and local politics

There are global neoliberal pressures on the academy that are more or less faced by anthropologists around the world. To what extent are anthropologists required to publish in English in SSCI-ranked journals to keep their jobs and get promoted? But there are also distinctly national and local pressures to some extent counteracting or eclipsing these global pressures. In this article I explore these counteracting pressures in the context of Hong Kong. In Hong Kong, my home society, neoliberalism has reigned supreme, with a remarkably short-term mentality. Yet despite this, anthropology has been flourishing, and has operated with great freedom and generous funding that is quite exceptional by global standards. However, this may be coming to an end. In China there is direct government control over anthropology. Hong Kong, following the protests of 2019 and the advent of the national security law in 2020, may be following suit, with many democratic political figures and some journalists now in jail. In light of this ongoing narrowing of room for freedom of inquiry, what will happen to Hong Kong academics and to anthropology?

Exempting From the FAA Agreements to Arbitrate Federal Securities Law Claims

Exempting From the FAA Agreements to Arbitrate Federal Securities Law Claims

Study on the Interpretation of Securities Law Representative Actions and the Conversion of Procedures

Study on the Interpretation of Securities Law Representative Actions and the Conversion of Procedures

Dynamics between national security laws and repertoires of political action: A comparative analysis of Hong Kong and South Korea

AbstractThis article undertakes a comparative analysis of two cases, Hong Kong and South Korea, each characterized by distinct levels of political and civil liberties to elucidate how the institutionalization of national security operates in shaping the repertoires of popular political actions and the repressive conduct of state actors. In both cases, the legal frameworks serve to curtail popular political action, both online and offline, often through discretionary applications of national security norms, resulting in ambiguity. They bestow legitimacy upon state agencies to engage in protest policing, surveillance, and the suppression of individuals or organizations in the name of upholding national security. In contrast, the national security laws in Hong Kong and South Korea, influenced by varying interpretations and applications of perceived threats to national security, result in differences in the extent and degree of contentious political actions and state repression.

Temporality in protection against social risk and legal regulation of social security: domestic and international legal aspects

Considering the issue of temporality in protection against social risk, the authors point out that this activity, which is complex in nature, includes, as one of the most important elements, compensation for social risks mediated by social security law. The conclusion is substantiated that the influence of time on the legal regulation of social security is manifested at two levels. First, time is included in the sectoral legal mechanism in the form of terms, which are associated with the implementation of the right to protection from social risk. These terms, formalized in the rules of law, must be adequate to the social risk, the goals of social security, and the financial and organizational capabilities of the state. Attention is drawn to the fact that the type of terms - the length of service (insurance experience, length of service, etc.) - is especially dependent on the passage of time, since the experience itself is formed in connection with long-term activity. In addition, over time, it is possible to introduce changes to the legislation that directly affect the implementation of social security rights of citizens. This is the second level of the impact of time on the legal regulation of social security - the impact from the outside. As the most striking example of such influence, the reform of the pension system of the Russian Federation is indicated, however, it is emphasized that international agreements on social security, including pensions, concluded by the Russian Federation and the states of the post-Soviet space, over time and as the priorities of the social policy of the state are gradually clarified, lose their force. are being replaced by new agreements that have a serious impact on the realization of citizens' rights. Thus, it is concluded that the problem of temporality in protection against social risk and legal regulation of social security at the domestic and international legal levels is multidimensional and deserves scientific attention.

К вопросу о предмете права социального обеспечения

It is noted that Russia, being a social state, guarantees a decent standard of living for a person and the free development of the individual. It is indicated that social security is divided into state and non-state social security systems. It is noted that traditionally the subject of social security law includes only social relations arising in the state social security system. An example is given when none of the parties to the social security relationship is a public agent - a government body, a local government body, a state or municipal institution, etc. Cases are highlighted when the subject of social security law includes social relations that are fully remunerative for the authorized person. It is indicated that one of the defining principles of social security law should be ensuring a decent standard of living for citizens. The ways in which the Russian state is trying to resolve the crisis of the social security system are analyzed. The need is established to include the non-state social security system in the system of social security law. There is a close relationship between social security law and such private-public branch of law as labor law. It is indicated that in economically developed countries, social support measures have long been of a mixed public-private nature. The difficulties of using foreign experience in the legal regulation of social security relations are noted. The reasons why the Russian state periodically carries out pension reforms are indicated. The conclusion is substantiated that in order to level out crisis phenomena in the social security system, a comprehensive solution to the socio-economic problems of the domestic state and society is necessary, including private legal regulation of social relations that constitute the subject of social security law.

자동차대여업자의 운행자성

The contents related to the operator's responsibility under the Automobile Accident Compensation Security Law are virtually the same from the time it was enacted as Law No. 1314 on April 4, 1963. Under these circumstances, the Supreme Court has no choice but to continue its attempts to embody abstract concepts as it extends the concept of existing operating profit and control to ideological concepts. Even if it is understood that it is in line with the legislative purpose of the Automobile Accident Compensation Security Law, it is questionable how long the Supreme Court's interpretation can keep pace with changes in society through technological development. In this judgment, it was questionable whether the vehicle rental company could recognize the driver's personality in the event of an accident due to the tenant's violation, even though the vehicle rental company had restrictions and exemption regulations on the operator of the vehicle as the content of the contract with the tenant. The Supreme Court judges the driver's management of car based on the concept of existing operating profit and operating control (two-way theory), but as the concept of existing operating profit and operating control is abstract, the conclusions of the lower court and the Supreme Court were different. In the end, if the abstract concept of existing operating profit and operation control leads to individual case judgments, there is a risk of reaching unreasonable conclusions in form, and there is a risk of differences in drawing conclusions according to the subjectivity of judges depending on individual cases. If so, it would be more purposeful to interpret the provisions of Article 3 of the Automobile Accident Compensation Security Law to judge the driver's personality based on the subjective sense of responsibility of the party based on an objectified third party.

ASSESSING THE IMPACT OF GLOBAL ATTENTION ON SUBREDDIT COMMUNITY PRACTICES: THE CASE OF /R/HONGKONG

What happens to internet communities after a global media event puts them in the public spotlight? Does the flood of new members change a given community's practices, structures, and discussions? Do things go back to normal? These questions lie at the heart of our research project, which examines how a local subcommunity on the popular website Reddit changed as its matter of focus became a global discussion subject. Specifically, this study analyses changing posting practices on /r/hongkong, a local subreddit whose popularity skyrocketed in 2019, with the Anti-Extradition Law Amendment Bill Movement garnering worldwide media coverage. Now, with global attention shifting away from the protests and the 2020 Hong Kong National Security law, the subreddit no longer exhibits the same level of activity. But what can be learnt beyond simply looking at the numbers? Can a qualitative change be observed on /r/hongkong? In this extended abstract, we examine the existing research on subreddits as a community, consider the potential significance of media events and subsequent influxes of new users for community practice, outline our methodological approach, and highlight some preliminary findings.

Control of the Black Sea Straits: The Kerch Incident

This article addresses regional security in the EU’s South-Eastern neighbourhood. The current Russia–Ukraine relations represent a critical point within the historical power competition over the Black Sea straits between Russia–Türkiye and Russia–NATO. The Black Sea has three geopolitically significant straits. Two are controlled by Türkiye – the Dardanelles and the Bosphorus, connecting the Black Sea and the Mediterranean Sea. One is currently controlled by Russia – the Kerch Strait, connecting the Black Sea and the Azov Sea. The unresolved regional security crises include the Kerch Strait incident from 2018, in which Russian vessels implemented military action against Ukrainian vessels.This study is inductive. It addresses the Kerch Strait incident as a security crisis of two contrasting perspectives – first, that of maritime security and international law, and second, the psychological drama triangle – a model of interpersonal dependency, which I apply to international relations. These two approaches lead to a better understanding of ongoing processes. First, the maritime law perspective shows the inapplicability of international maritime law due to opposing vital security interests of the participants. Second, the psychological perspective suggests an alternative explanation of recurring crises in international relations. The findings suggest two solutions. First, based on international maritime law, the Kerch incident could be resolved only if Russia and Ukraine agree on the ownership of Crimea and its territorial waters. However, their differing perception of security threats is an obstacle to such resolution. Second, the drama triangle of human interaction examines interpersonal conflict in which the victim has to interrupt the cycle of victimisation. Applying this psychological model to IR suggests that Ukraine, if in the victim role, should aim self-empowerment to minimise dependencies on dominant international actors.

ESPIONAGE LAW IN THE UK AND AUSTRALIA: BALANCING EFFECTIVENESS AND APPROPRIATENESS

AbstractThis article engages in a comparative analysis of espionage law in the UK and Australia to determine whether the laws in each country are effective and appropriate. It finds that, while the espionage laws in both countries are largely capable of effectively addressing modern espionage, this has come at the expense of appropriateness – specifically, aspects of the laws in both jurisdictions are complex, uncertain and overly broad, and defences and other safeguards for legitimate conduct have limitations. The article argues that, while the effectiveness of espionage (and other national security) laws is an important consideration, this must be balanced with appropriateness to ensure that core rule of law values and legal principles are not undermined.

Chronology of Practice: Chinese Practice in Private International Law in 2022

Abstract This survey contains materials reflecting the Chinese practice of private international law in 2022. Firstly, the changes in the statutory framework of private international law in China include two legislative acts and one administrative regulation. Moreover, three international treaties in this regard were ratified by the National People’s Congress. Secondly, three judicial interpretations of the Supreme People’s Court (“SPC”) were adopted or amended, and 56 typical cases in six judicial documents on different topics were issued by the SPC. Thirdly, four typical cases on Chinese courts’ jurisdiction; 14 cases on choice of laws on various issues such as foreign investment contracts and negative lists, rights in rem, life insurance contracts and mandatory rules; one case on international judicial assistance rendered to an Argentinean court; three cases on interim measures; three cases on the recognition and enforcement of foreign judgments; nine cases on international arbitration including international sports arbitration and foreign awards, are selected in this survey for their emerging significance. Fourthly, the provisions regarding the extraterritorial application of Chinese laws have been identified for the first time in this series of surveys, shedding light on this aspect of private international law in China. They include those contained in, inter alia, China’s Anti-Monopoly Law, Anti-foreign Sanctions Law, Export Control Law, Securities Law, the Rules on Counteracting Unjustified Extra-territorial Application of Foreign Legislation and Other Measures, as well as the Provisions on the Unreliable Entity List.

Self-employment in Hungarian law

Self-employment has traditionally been regulated by the Civil Code, as a distinctive form of work apart from employment. This chapter strives to evaluate the labour law framework and labour market experience of self-employment. First, the Hungarian legal provisions on self-employment will be highlighted, including labour law, civil law and social security law. This will be followed by an evaluation of the available data on labour market trends regarding the various groups of self-employed workers, such as genuine and false self-employment, and economically dependent work. After this summary on employment data, the legal protection or scope of employee rights enjoyed by self-employed persons will be scrutinised. Finally, I will examine the Hungarian legal mechanisms to combat false self-employment. As a whole, the paper will provide a picture of the legal environment of self-employment with laws, trends and some evident flaws. I will strive to highlight the main driving forces behind self-employment and related labour law policy.

Responsibility for crimes against humanity in international and national criminal legislation

Purpose. The purpose of the article is to analyze the problems of responsibility for crimes against humanity in international and national criminal legislation, proposals for the implementation of international norms in the national criminal legislation, as well as determination of positive and negative changes as a result of such implementation innovations. Methodology. The methodology includes a complex analysis and generalization of available scientific and theoretical, legislative material and formulation of relevant conclusions. Such methods of scientific knowledge during the research were used: comparative legal, logical-grammatical, system-structural, modeling. Results: It was recognized, that in the modern criminal legislation of Ukraine lackes the only criminal-legal norm that would provided responsibility for crimes against humanity. Mostly, crimes in this area are fixed in different parts of the Criminal Code of Ukraine, which does not fully reflect everything social danger of these acts. In this connection, there was a need for a legislative enshrinement crimes against humanity in chapter XX of the Special part of the Criminal Code of Ukraine, with the aim of effectively countering the commission of criminal offenses against peace, human and international security law and order, as well as fair punishment for criminal acts of the Russian military on the territory of Ukraine at the national level legislation. Scientific novelty. According to the results of the study, it was recognized such progressive provisions regarding actions related to encroachments on peace and security humanity and the international legal order, which can be taken into account in the future for legislative initiatives on criminal liability for criminal offenses in this area. Practical significance. The research results can be used in law-making activities by improvement of the national criminal legislation on criminal offenses against peace, security of humanity and the international legal order, as well as in the educational process during the teaching and studying of the academic disciplines «International criminal law», «Actual problems of criminal law and process» and «Criminal law of Ukraine. A Special part».