Security Law Research Articles

China-made national security law applied in Hong Kong’s common law courts: choice of interpretative approaches

ABSTRACT The Chinese legislature enacted the Law on Safeguarding National Security in the Hong Kong Special Administrative Region (NSL) on 30 June 2020 to be applied in Hong Kong. This article compares the texts between the NSL and relevant Chinese Mainland law and identifies four ways in which the Chinese legislative provisions and legal elements have been incorporated into the NSL. The widespread presence of Chinese legal elements in the NSL suggests that completely disregarding Chinese laws in Hong Kong judicial proceedings may not be feasible and advisable in some cases for interpreting and applying this specific made-in-China law. This article contends that the courts should distinguish the admissibility and weight of Chinese laws in the NSL cases. The Chinese laws are essential materials for Hong Kong courts to construct the NSL, and broader admissibility of Chinese laws is appropriate for the NSL construction. At the same time, this article argues that the weight to be given to Chinese laws is a matter for the court to decide in the circumstances of the case, and the set of rules regarding the NSL construction Hong Kong courts have been developing could guide the weighing of different kinds of interpretative materials.

Tác động của thay đổi các quy định pháp lý về quản trị công ty đến mối quan hệ giữa lợi nhuận và giá cổ phiếu của các công ty niêm yết tại Việt Nam

This paper examines effect of changes in regulations on corporate governance in Vietnam on accounting quality in the aspect of relationship between earnings and share prices. After financial scandals, many countries have tightened legal regulations on corporate governance. In Vietnam, important legal regulations on corporate governance, including Security Law, Enterprise Law and Regulations on disclosure of information by listed companies, have been amended or issued in 2019-2020 and being effective from January 1, 2021. However, with a sample of approximate 300 Vietnamese listed companies in 2 years (2020- 2021), regression results reveal that there is no evidence for the changes in value relevance (relationship between earnings and stock price) in the period after the newly issued legal documents took effect. The evidence provided in this paper is consistent with some previous studies in developing countries and supports for the recommendation that each country should take consideration of its legal and cultural characteristics in adopting Westen corporate governance practices. This result is also useful for evaluating the effectiveness of the changes in CG regulations.

Old age protection and prohibition of the principle of social retrocess

The present academic article is of a qualitative nature, using the bibliographic method, the main objective is to treat the elderly's social security law as a stony clause, which cannot be mitigated in view of the principle of prohibition against social retrogression. Thus, in the search to understand the theme, a bibliographical survey was carried out in books, articles and in the legislation itself to bring legal support to the issue. Thus, the research is divided into three sections, where the first delimits issues referring to social security and the principle of prohibition against social retrocession, the second section addresses the issues pertinent to Constitutional law and stone clauses and finally there is the discussion of reasoned form on the elderly's social security right to be seen as a stone clause based on the Principle of Prohibition Against Social Retrogression.

High precision map crowdsource update technology and SLAM technology - Application in autonomous driving

In response to the challenges faced by real-time dynamic updates of high-precision maps for autonomous driving in terms of high precision, high reliability, and high safety, this paper summarizes the difficulties and challenges currently faced by high-precision map updates. Accelerate the large-scale commercialization of autonomous driving high-precision maps. Thus, improving the safety and stability of intelligent vehicles and providing critical support for high-level autonomous driving. Firstly, the definition and connotation of autonomous driving maps were described, and the data characteristics and functional applications of autonomous driving maps were pointed out. Secondly, the development status and trends of high-precision map updates were reviewed, and the advantages and disadvantages of centralized map updates and crowdsourced map updates were summarized. Pointing out that crowdsource updates have become a new trend in the development of map updates. Once again, the basic architecture and key core modules of current crowdsource updates were summarized, and an analysis was conducted on key core technologies, summarizing the current status and trends of key technologies involved in crowdsource updates. The results indicate that the current technology still faces 7 main challenges, including map modeling, high-precision positioning, 3D reconstruction, fusion updates, data security, rapid review, and standard laws and regulations to address these challenges.

Article: Public Compensation for Private Harm: Fair Funds for Consumer Competition Law Redress

This paper discusses the use of the concept of Fair Funds for consumer competition law enforcement from an EU perspective. With such Fair Funds, the US Securities and Exchange Commission distributes collected fines and disgorged profits to compensate victims of securities law violations. The paper explains the use of Fair Funds in US law, highlights similarities, and adapts the concept for use in European competition law enforcement. It places an emphasis on the usefulness of such a concept against the role of consumers, but the conclusions can equally be drawn for small and medium enterprises’ private enforcement or private enforcement of competition law in general. It shows the advantages and disadvantages of including a system of Fair Funds. The paper argues that Fair Funds can serve as an alternative form of compensation, particularly for large groups of individual victims harmed in a small amount, such as consumers, with that overcome the lack of a harmonized collective redress system on EU level, and improve the coordination between public and private enforcement. private enforcement, consumers, collective redress, damages, compensation, fines, disgorgement, US, EU, financial law

PROBLEMS OF UN SECURITY COUNCIL REFORM AND ITS LEGITIMACY

This article discusses the role of the United Nations Security Council in international security law and the need to reform the Security Council as the main organ charged with the maintenance of international peace and security. The author deeply analyzes main issues of reform of the Council and proposals of states in this regard. In particular, formats of cooperation on reforming the Security Council, such as the Big Four, the Consensus Group, the Annan Plan, and the African Group will be more widely covered. In the article, the author develops several proposals for the effective organization of the Council's activities.

중국 사이버안보 패러다임 변화와 시사점

Korea announced the ‘National Cybersecurity Strategy’ in April 2019, and ‘Strengthening national cyber security response capabilities’ was also included in the ‘110 Key Policy Tasks’ released in May 2022. However, the legislation of basic cybersecurity law to establish a legal foundation is at a standstill due to several concerns raised. This is why there is no cybersecurity control tower.
 In the case of China, three laws(Cyber Security Law, Data Security Law, and Personal Information Protection Act) were enacted on the basis of the National Security Law(2015), which expanded the scope of national security to cyberspace, thereby establishing basic legal systems for cybersecurity. Through this, the legal basis for data governance centered on the Central Leading Group for Cybersecurity and Informatization of the Chinese Communist Party(CCP), and the Cyberspace Administration of China was provided. To ensure that core technologies of the 4th industrial era do not pose a threat to cybersecurity, the Anti-Espionage Law(2023) expanded the scope of the law to include data related to national security. In addition, generative AI was regulated through the implementation of the Interim Administrative Measures for Generative AI Services. Following these legislative changes, governance was expanded from the Central Leading Group for Cybersecurity and Informatization of the Chinese Communist Party(CCP) → National Security Commission of the CCP → Central Science and Technology Commission. At the center of this paradigm shift is the CCP, providing the impetus for the shift.
 If we apply the implications of China's paradigm shift to our situation, first, Korea must establish a basic cybersecurity law and quickly establish a cybersecurity control tower based on the law. Considering that cybersecurity issues must be supported by the ability to govern all ministries, the structure of a Presidential Council is appropriate. Additionally, considering that AI technology is closely related to cybersecurity and that discussions on AI regulation are taking place together, a governance system that encompasses both cybersecurity and AI must be established.
 In other words, the Presidential Council will be responsible for ‘cybersecurity and AI’ must be established. Through the Presidential Council, the fragmented cybersecurity command system should be integrated, and it must become the control tower that considers and decides on diplomatic, security, economic, and technological policies regarding AI. In-depth discussions on establishing governance that embraces the two values of ‘cybersecurity’ and ‘AI’ should be conducted during the legislative process of the basic cybersecurity law and AI law in order to reach the result. In order to improve transparency, a review of processes that can be checked by the National Assembly regarding the Presidential Council’s major policies, budget, etc. must also be conducted.

AI and Cyber Security with Reference to Information Technology Act, 2000 and other Laws in India

Abstract: The term artificial intelligence (AI) is prominent in today’s world of technology. In so many ways, it is still a developing science considering the problems presented by the twenty-first century. AI use has been established in daily life. Since AI has such a significant influence on human existence now, it is difficult to comprehend a world without it. Simply define, artificial intelligence (AI) is the study of how people think, work, learn, and decide in every situation in life, whether it is connected to problem-solving, learning something new, thinking logically, or coming up with a solution, etc. If Artificial Intelligence mostly connected with the daily life of the human being it must be protect the relationship between the human being and society people and there should be remedy to the peoples in case of violation of laws by AI machines. Cyber security and cyber law already new concept in the development of modern laws of the country. Cybercrimes are becoming common and frequently reported in the news. It is a global challenge, not simply one that affects one nation. AI is meaningless without strong security measures since it may be readily accessible by outsiders. Governments, banks, and global corporations now face a serious threat because of cyber security threats. Hackers use a lot of private and business data to their advantage, which poses a serious threat to the online community

Hong Kong’s new normal: Remaking authorized discourses of “special administration,” 2017–2022

The paper presents a critical discourse analysis of the five annual policy addresses of Hong Kong’s chief executive, Carrie Lam Cheng Yuet-Ngor, whose term of office (2017–2022) spanned the most tumultuous episode in the modern history of the territory, one bisected by an extended season of street protests and the subsequent imposition of a national security law. Read as an authorized, real-time transcript of governmental rationalizations and responses, delivered in the first-person voice of Hong Kong’s most senior politician, the annual policy addresses narrate a crisis-mediated shift from a postcolonial redoubt of liberal capitalism to an outpost of China’s national-security state. Although the “one country, two systems” formula enshrined in Hong Kong’s Basic Law retains its official status, a distinct transformation is evident, from the evocation of “two systems” as a wedge against one-country assimilation, to an apparently new normal based on the principles of securitized, “one-country” integration. In the process, the chief executive increasingly embraced the received discourses and sanctioned priorities of the Chinese Communist Party in her depictions of a “New Paradigm” for the governance of Hong Kong, founded on the “steer of the Central Government” with the “cooperation” of the government of the Special Administrative Region.

Digitisation of Administration and Legal Basis in Kosovo

Background: In contact with modern technologies, public administration transforms, adopting a new look and changing its legal nature to become an electronic public administration. In addition, we can also observe the use of information technologies in the activities of courts. In electronic public administration, which is based on the use of information and communication technologies and the Internet, the underlying working element is information and personal data of citizens. However, new technologies also carry numerous risks for the security of information and personal data used by administrative bodies and courts in their work, which may lead to the infringement of citizens' rights and the public interest. The demand for adequate protection of personal data in relation to administrative authorities stands out as an important need of citizens in modern society, that we tried to illustrate on the example of the Republic of Kosovo. Methods: The methodology employed in this research involves the methods of description, comparison, legal analysis and analysis of data and information collected within the context of Kosovo. The legal analysis in this paper focuses on the content of the constitutional and legal framework for public administration control instruments. The legal analysis pertaining to public administration control instruments is also widely used to clarify the implementation of laws and principles in practice within Kosovo. Through this method, it is intended to highlight the problems during the applicability of the legislation. The descriptive method used in this paper was intended to reflect the current state of public administration control instruments in Kosovo. This article provides an overview of legal mechanisms that can be implemented to stimulate digital administration in developing countries. These legal mechanisms include the development of appropriate legal frameworks for e-administration, protection of intellectual property rights, privacy and data protection laws, and cyber security laws. Results and Conclusions: Electronic public administration in Kosovo represents an altered and modern concept of public administration that has changed the way and purpose of performing state affairs. Technically, it is based on using the Internet and information and communication technologies to conduct regular state affairs and forecast the situation in various social fields. These technical elements have also influenced its legal nature, facilitating administrative bodies in expediting their duties and enhancing the execution of their responsibilities. This evolution fosters a more direct interaction between Kosovo citizens and their state, allowing citizens to gain insight into state affairs that directly affect their rights and interests.

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