Special Safeguards Research Articles

The protection of vulnerable algorithmic groups through collective data protection in the onlife world: A Brazilian perspective

The aim of this doctrinal legal study is to analyze the interplay between the vulnerability of groups in algorithmic systems and the protection of collective interests in data protection law in Brazil's legal system. Two research questions are raised: (i) Is the protection of personal data regulation applicable to data processing activities related to algorithmic groups? and (ii) can algorithmic groups be regarded as groups with vulnerability under the LGPD legal regime? This article is divided into three parts apart from the introduction, and combines three strands of research, namely group rights theory, vulnerability studies, and law and technology perspective. This combination is key to outline, in Sections 2 and 3, a theoretical framework that elucidates the concepts of collective data protection and group vulnerability mapping both onto the notion of algorithmic groups. Section 2 argues for the collective dimension of the right to the protection of personal data as the foundation of a collective data protection. Section 3, in turn, explores the conceptualization of group vulnerability and how this discourse resonates with algorithmic groups in the onlife world. I draw on vulnerability studies, and on Mireille Hildebrandt's law and technology perspective to delineate what do I mean by group vulnerability and how do I articulate theoretically this notion with algorithmic groups and the affordances of algorithmic systems. Section 4 examines the relation between collective data protection and vulnerability of algorithmic groups under the data protection legal framework in Brazil. To answer the research questions, the analysis is concentrated on three aspects of Brazilian data protection law: (i) the “collectivization of data protection”; (ii) the integration of group vulnerability in the data protection legal framework; (iii) data protection impact assessments in the context of LGPD's risk-based approach. The collective dimension of the right to personal data protection is increasingly recognized in Brazilian law through class-action litigation, particularly in the context of addressing vulnerabilities caused by new data-driven technologies. This collective dimension should guide courts and the Brazilian DPA in interpreting and applying the LGPD, especially Art. 12, § 2, regarding group data processing by algorithmic profiling systems. Data protection law in Brazil acknowledges that groups of data subjects may face vulnerability, requiring special protection and safeguards to mitigate risks and violations. Group vulnerability signals contexts deserving special attention and serves as a source of obligations and rights. Within LGPD's risk-based approach, mandatory DPIAs in ML-based algorithmic profiling systems help identify vulnerable groups and implement appropriate safeguards to mitigate risks of harm or rights violations. Non-compliance with safeguard implementation obligations should be considered a breach of Brazilian data protection laws.

Protecting juvenile defendants in the trial and from the trial: special safeguards in EU and Italian regulations

Both the Directive 2016/800/EU and the Italian national law on juvenile criminal trial (presidential decree no. 448/1988) aim to provide specific safeguards for young suspects and defendants to protect their fragile and still-developing personality, and to ensure that any crime allegedly committed by the minor is an isolated incident in their past. These safeguards are required throughout criminal proceedings, especially during the trial stage, which can be confusing and overwhelming for a juvenile and may seriously impact their development. The trial phase – along with the precautionary limitation of personal freedom – seems to be the most dangerous procedural segment for children’s personalities. The trial is where the justice ‘play’ comes to life on its main stage, with its whole ritual, language, and characters. When attempting to identify safeguards intended to operate during the trial phase, two main fields seem to emerge: one focuses on the issue of assistance, which has to be more profound due to the unique nature of juvenile personality and experience of life; while the other one aims to protect children’s privacy so that their public image will be shielded as much as possible from the negative consequences of the trial. The article first focuses on these aspects by analysing legal regulations and the jurisprudence. In some cases, Italian legal regulation exceeds European directive standards, serving as a model for other legal systems. However, even though the internal regulation formally matches the EU requirement in some instances, it needs further improvement. Also, in terms of the law in action, the Italian jurisprudential approach sometimes weakens the safeguards provided by law, demonstrating the need for different interpretative solutions that are adequate to respect children’s rights fully. In the light of such issues, the author suggests some exegetical solutions.

Adjudication of Procedural Safeguards for Vulnerable Asylum Seekers in Greece: Case Law and Systemic Non-Compliance

Abstract Special procedural guarantees for vulnerable asylum seekers are a core part of refugee status determination standards. These safeguards are neither afforded, nor properly adjudicated in Greek asylum procedures, however. Drawing on recent case law, this article argues that Greek appeal bodies (the Appeals Committees) routinely rule that vulnerability is irrelevant to refugee status determination or that no procedural harm is sustained from the inappropriate channelling of vulnerable people into truncated procedures, in dereliction of European Union (EU) standards and domestic jurisprudence. Systemic non-compliance with the duty to grant special procedural safeguards is a policy choice, yet the European Commission, the institution responsible for EU law enforcement, refrains from enforcing these standards in Greece. The Commission’s enforcement deficit vis-à-vis the Greek asylum system is underpinned by its Task Force for Migration Management’s prioritization of ending overcrowding and speeding up decision making over procedural standards, as well as an uneasy balancing act between operational support and monitoring.

Fetal Outcome in Breech Vaginal Delivery in Multi Gravida Patients

Background: Fetal buttocks or feet positioned at the pelvic inlet are referred to as breech presentation. Both vaginal delivery and Caesarean section are options for them. Everyone agrees that breech deliveries are better handled by caesarian section than by vaginal delivery. Risk factors for breech presentation include uterine abnormalities, prematurity, foetal abnormalities, and repeated pregnancies. This research sought to ascertain the foetal fate in multigravida individuals undergoing breech vaginal birth. Methods: This descriptive case series investigation was carried out at the Khyber Teaching Hospital in Peshawar, in the department of obstetrics and gynaecology. The study was conducted from October 2018 to April 2019, seven (07) months. Patients had thorough clinical examinations and lengthy history interviews. The selected patients were instructed to have normal labour under careful foetal and maternal monitoring supervision. All of the patients that experienced a regular delivery had their specific information entered into the database along with the intrapartum occurrences and immediate foetal outcomes. At five minutes, an apgar score was obtained. Brachial plexus damage, low birth weight, low apgar score, foetal distress, and stillbirth were among the foetal outcomes that were reported. Results: As per fetal outcomes, 35 (16.21%) patients were recorded with low apgar score, 37 (17.05%) patients were registered with low birth weight, 69 (31.79%) patients were recorded with birth asphyxia, 27 (12.44%) patients were recorded with brachial plexus injury, 26 (11.98%) patients were registered with fetal distress and 23 (10.59%) patients were recorded with still birth. Conclusion: This research shown that foetal morbidity comes from vaginal breech deliveries (VBD) of singleton term pregnancies. To prevent these difficulties in our local Khyber Pukhtunkhwa population, we thus highlight the necessity for special safeguards, including close monitoring of labour and enough preparedness for newborn resuscitation. This study may be useful in breech delivery decision-making by helping to personalise each choice by understanding the risks involved. Based on the findings, the technique of delivery in breech presentation should be determined. Keywords: Breech, Vaginal Delivery, Singleton Term Pregnancies, Fetal Morbidity, Multi- Gravida.

A Beginner's Guide to Cell Culture: Practical Advice for Preventing Needless Problems.

The cultivation of cells in a favorable artificial environment has become a versatile tool in cellular and molecular biology. Cultured primary cells and continuous cell lines are indispensable in investigations of basic, biomedical, and translation research. However, despite their important role, cell lines are frequently misidentified or contaminated by other cells, bacteria, fungi, yeast, viruses, or chemicals. In addition, handling and manipulating of cells is associated with specific biological and chemical hazards requiring special safeguards such as biosafety cabinets, enclosed containers, and other specialized protective equipment to minimize the risk of exposure to hazardous materials and to guarantee aseptic work conditions. This review provides a brief introduction about the most common problems encountered in cell culture laboratories and some guidelines on preventing or tackling respective problems.

A novel 3D-imaging and characterisation technique for special nuclear materials in radioactive waste

A novel technique for non-destructive assay (NDA) of radioactive waste called ARCTERIX (Advanced Radwaste Characterisation based on Tomographically Enhanced Radiation Imaging without X-rays) is presented. The concept is based on a 3D-tomographic imaging technique for special nuclear materials – neutron-gamma emission tomography (NGET). ARCTERIX takes the NGET principle from its original application area of nuclear security systems into the realm of radioactive waste assay with its special characteristics and challenges. By adding localisation and imaging of SNM inside shielded waste containers to the array of existing techniques used for radioactive waste characterisation, ARCTERIX complements the state of the art in passive and active NDA interrogation methods. It is aimed primarily at the class of mixed, long-lived radioactive waste that is commonly called “legacy” or “historic” waste which has special safety, security and safeguards concerns due to its mixed composition, commonly poor documentation, and the frequent presence of SNM. The ARCTERIX concept provides rapid imaging and characterisation of nuclear materials in radioactive waste with a high degree of automation and high throughput capabilities, making it possible to quickly scan large radioactive waste inventories for the presence of special nuclear materials with minimal manual intervention. The first ARCTERIX prototype system has demonstrated a high technological readiness for the implementation of the technique in a commercial stand-alone system for rapid assessment of radioactive waste drums or in a system operating in conjunction with established techniques.

Imprisonment

Criminal law theorists have for the most part neglected the question of why imprisonment requires special legal safeguards for those targeted. The few scholars who have addressed this question have focused on how prison facilities restrict freedom of movement, control over one’s daily life, and access to particular human functioning, but they have ignored state measures that do not include confining individuals behind bars. I defend an alternative account: I argue that the use of prison facilities is part of a raft of state measures, which includes measures that have a relatively minor impact on individuals and others that are more severe. What matters, in deciding what legal safeguards individuals should have against what kinds of state imposition, is how severely a measure impacts on the normal life of those subjected to it. This impact-based approach enables us to decouple the concept of imprisonment from walls, locks, and political and social barriers, thereby highlighting atypical forms of imprisonment, such as open prisons, as well as potential forms of imprisonment to be employed outside of prison, including house arrest. For instance, a person confined to a prison facility can, to a certain extent, be free to take part in society, or a person subject to other state measures can reside at home but be constrained from carrying out a major part of her activities. The account I defend enables us to identify imprisoned individuals as well as those subjected to measures similar to imprisonment, which has potential consequences for their legal rights.

Special Safeguard Mechanism for Agriculture: Implications for Developing Members at the World Trade Organization

Abstract With rising levels of food and livelihood insecurity among poor farmers, many developing members at the World Trade Organization (WTO) are demanding a special safeguard mechanism (SSM) for shielding their agriculture from import surges and price declines. Similar to special agricultural safeguards (SSGs) which are available only to some members, SSM seeks to provide flexibility to developing members to breach the bound tariff in special cases of import surges and price dips. In this context, this study identifies the agricultural products facing import surges in eight selected developing members. The study evaluates the policy space available to selected members in terms of tariff overhang under their existing schedules as well as proposed tariff reductions under agriculture negotiations. Besides this, it critically scrutinizes various issues such as cross-check conditions, triggers and remedies in order to highlight the sensitivities of developing members in accessibility, effectiveness, and other technical aspects of SSM.

Agriculture trade policy measures and geopolitics in major regional trading blocs: Policy advocacy

AbstractTrading blocs are usually groups of countries in specific regions that manage and endorse trade activities. The present status of agricultural support, tariff, and non‐tariff measures of WTO members has critical issues for debate on trade policy. The study is a quantitative analysis and framework of geopolitical effects of WTO measures on the most significant regional trading blocs and global agriculture. The study found that the Association of Southeast Asian Nations (ASEAN) trading blocs were highly supporting the agricultural sector followed by South Asian Free Trade Area in terms of total support estimates, whereas reverse trends in terms of producer support estimates. North American Free Trade Agreement imposed the highest number of sanitary and phytosanitary measures, technical barriers to trade, anti‐dumping, countervailing, and special safeguards. However, ASEAN trading bloc imposed more number of safeguards and quantitative restrictions. European Free Trade Area and Common Market of the South, South American Regional Economic Organization trading blocs imposed higher tariff rate quotas and export subsidies, respectively. India gave more price advantage to domestic goods. The United States and the European Union imposed higher tariffs on both agriculture and non‐agriculture sectors. Globally, most of the countries' Agricultural Orientation Index (AOI) has less than unity indicating not giving priority to agriculture in budget allocation except for South Korea and Switzerland. These findings will have significant impact on world trade negotiations, world trading rules, designing WTO agreements or policies or programs, multilateral agreements.

Global and regional trading blocs of coffee and tea: Outlook, trading signals, and policies

AbstractIn world, coffee and tea are the most enjoyable consumer beverages. Drinking coffee and tea reduce the risk of several diseases such as cardiovascular disease, cancer, stroke, type 2 diabetes, and age‐related neurological disorders. This is based on the foreign trade research study, which examines area, production, and exports and imports of coffee and tea globally during the period from 1990–1991 to 2017–2018. CAGR, price elasticity's, instability, and trends of exports and import price analysis were employed for the analysis of the study. The study found that MERCOSUR and SAFTA are the major producers of coffee and tea, respectively, in the world. All regional trading blocs have shown more or less linear trends in the area and production of coffee and tea during the period of 1990–1991 to 2017–2018. Among the countries, Viet Nam and Peru have shown the highest growth rate under the area and production of coffee over the years. Area and production of tea have been increasing in Viet Nam and India over the years. Globally, import prices of coffee and tea were higher than export prices. All trading blocs have shown the mixed trends in export and import price of coffee and tea except the export price of tea in the MERCOSUR, ASEAN, and SAFTA. Export prices of coffee and tea were higher than import price in all trading blocs except EFTA, MERCOSUR, and ASEAN. The terms of trade of coffee and tea were favored in the European Union, NAFTA, COMESA, SAFTA, and Pacific Alliance during the period of 1990–1991 to 2017–2018. MERCOSUR would get benefited from other countries due to the higher export prices of coffee. Similarly, EFTA, NAFTA, COMESA, and Pacific Alliance trading blocs would be profited for tea. Globally, Export price elasticity's of coffee in MERCOSUR and COMESA were marginally higher than imports price elasticity. Export price elasticity's of coffee were found to be marginally higher than imports in the Germany, Italy, and Netherlands (EU); Norway (EFTA); Canada and the United States (NAFTA); Venezuela (MERCOSUR); Australia (ASEAN); Egypt (COMESA); India (SAFTA); and Chile and Peru (Pacific Alliance). Export price elasticity's of tea were found to be marginally greater than the imports in the Italy (EU), Norway and Switzerland (EFTA), the United States (NAFTA), Australia, Indonesia and Thailand (ASEAN), and Chile and Peru (Pacific Alliance). India has the highest average bound duties and MFN applied duties in the coffee and tea in the world. Maximum bound duties and MFN applied duties of coffee and tea were higher in Switzerland. The United States and EU have the highest share of coffee and tea imports. Globally, more number of Sanitary and Phyto‐Sanitary measures and Special Safeguards have been provided to coffee and tea. NTM acts as a policy substitute for import tariffs in the global tea trade. Adapting the climate change plans is very important to enhance the quality and yield of coffee and tea. Training and conferences help to strengthen the capacity building of farmers. Proper price mechanism for coffee and tea land holders must be necessary to receive the higher profits for their produce. Global price fixing mechanism for tea and coffee is essential. This foreign trade study is very helpful for multi‐stake holders, producers, traders, and consumers of coffee and tea globally.

Confiscation And Asset Recovery: Better Tools To Fight Bribery And Corruption Crime

There is a global trend represented by the widespread application of confiscation of criminal proceeds, particularly those obtained as a result of corruption offences. Focusing on the Italian law, this article tries to address the following three questions: 1) Why are confiscation and asset recovery so important to fight bribery and corruption crime? In other words, what is the legitimate purpose of these measures? In other words, what is the legitimate purpose of these measures? 2) How can confiscation of the proceeds of corruption offences be accomplished? and 3) Are effective confiscation regimes constitutional or do they infringe upon individual rights and liberties? The article concludes that confiscation is a key tool for tackling corruption crime since it reduces the incentive to commit bribery by removing from bribe-givers or bribe-takers the fruits of their illicit acts. However, the “traditional” method of confiscation, which is limited to the property involved in the particular offence for which the defendant was convicted, is inadequate to deprive criminals who engaged in corruption offences of their ill-gotten gains. More powerful instruments, such as extended confiscation or non-conviction-based confiscation, are required for that purpose. These instruments are constitutional as long as they merely put wrongdoers back to the economic position they occupied before committing the crime. Such legal instruments serve as remedial measures and not as punishments, and thus their imposition does not trigger those special safeguards that the Constitution and human rights require for criminal prosecutions.

Special Safeguard Mechanism for Agriculture: Implications for Developing Members at the WTO

With rising levels of food and livelihood insecurity among poor farmers, many developing members at the WTO are demanding special safeguard mechanism (SSM) for shielding their agriculture from import surges and price declines. Most of developing members do not have any trade instrument under the WTO to address it except by increasing the applied tariff to bound level. Similar to special agricultural safeguards (SSGs) which is available only to few members, SSM seeks to provide flexibility to developing members to breach the bound tariff in special cases of import surges and price dips in order to minimize its adverse impact. In this context, this study identifies the agricultural products facing import surges in selected developing members namely Ghana, India, Indonesia, Namibia, Philippines, Senegal, Sri Lanka, and Turkey. The uniqueness of this study is derived from the fact that it also evaluates the policy space available to selected members on these tariff lines in terms of tariff overhang under their existing schedules as well as proposed tariff reductions under agriculture negotiations. Beside this, it critically scrutinizes various issues such as cross-check conditions, triggers and remedies in order to highlight the sensitivities of developing members in accessibility, effectiveness, and other technical aspects of this mechanism. The study identifies some of the provisions contained in the most recent version of the negotiating texts which could render the SSM an ineffective policy instrument and difficult to operationalise.

Should special agricultural safeguard be ignored? An evaluation for dairy trade

ABSTRACTThis study measured the impact of special agricultural safeguards (SSG) on dairy products imports by the US and Japan. It was observed that dairy products have been the most affected by this protectionist measures, and that these countries are relevant importers that impose SSG. The tariff lines subject to SSG were selected, and the period of analysis was from 1995 to 2015. The results showed that the impact of SSG applied by the US was much higher than for Japan. The overall estimated value of imports that did not happen due to the application of SSGs was approximately USD 2 billion. Specifically for the Brazilian economy, the condensed milk not exported to the US due to SSG applied cost the country BRL 345 million in GDP value and almost 4.5 thousand jobs. These results might be underestimating these effects, since the SSG tariff was not subject to calculation in several years.

Pengamanan Pintu Ruangan Menggunakan Arduino Mega 2560, MQ-2, DHT-11 Berbasis Android

In the era of technological advancements, security systems are not only required to provide safe conditions but also provide easy access, monitors and remote control. Room insecurity such as theft or fire cases can occur especially in rooms that are not equipped with security systems and special safeguards. Based on this, it is necessary to develop a security system that can be accessed and monitored remotely and provides early warning of early indications of danger through a smartphone. System development is done through the stages of making software and hardware. The hardware consists of Arduino Mega 2560 to regulate the system, MySQL Server Database, CC3000 Wi-Fi Shield as a communication device between Arduino and the server, Limit Switch to detect forced push on the door, MQ-2 measures the presence of indoor gas leak, sensor DHT-11 to measure room temperature, the camera is VC0706 to capture images in the door area. Android application as a system interface to change key status and monitor the condition of the room. A warning notification of the gas leak danger indication is sent to the user's smartphone by displaying the gas content value. A warning message has a forced push on the door equipped with a feature to display the camera capture results. The final result of this research is that a room security system has been successfully established where door lock access and room monitoring can be done through an android application installed on a smartphone. The system can provide hazard warning messages properly.

Rights of Minorities to Establish and Administer Educational Institutions in India: Some Constitutional Reflections

Minority rights have been accepted into the cannons of both the international human rights law and the constitutional laws in most of the post-colonial nation States. Minorities world over – religious, linguistic and ethnic – have been constitutionally recognized as groups needing special protection and safeguards from the majoritarian attitudes or policies of discrimination towards their legitimate interests. Indian Constitutional law is one of the best in the world to provide a detailed catalogue of human rights to which every individual, including those belonging to religious and linguistic minorities, is entitled to enjoy without any discrimination. Besides this, every minority group enjoys religious, linguistic, cultural and educational rights. This paper deals with the rights of minorities to establish and administer educational institutions under the Constitution of India. It explores the Constituent Assembly debates and text of the Indian Constitution on Article 30, which grants minorities right to establish their own educational institutions. Further,the paper looks into the various Supreme Court decisions on the subject in order to better understand the jurisprudence of this fundamental right. The debate in the Constituent Assembly was full of containment as the draft articles on the minority educational institutions were criticized as being group rights and were argued as being against the concept of democracy, justice, and secularism. Also, it was feared by some that it might underpin the national unity. This is one of the reasons behind ambiguous nature of this provision. The biggest loophole of this provision is that it does not define the term “minority”. Despite these problems,the paper argues that Article 30 offers an important space to the minorities to shape their educational situation in accordance to their desires and should be encouraged as it helps the State in dealing with culture-specific factors behind their educational backwardness.

Patients with learning disabilities who lack capacity detained under the Mental Health Act in the UK: A case study

Accessible Summary In England and Wales, some people with learning disabilities may have to be detained under the Mental Health Act 2007 as patients in a hospital for a period of assessment and or treatment if they are suffering from a mental disorder, and it is for the interests of their own health and safety, or to protect others. Patients who are detained under Section 2 of the Mental Health Act 2007 can apply to the Mental Health Tribunal to decide whether they should be detained in a psychiatric hospital or be discharged. The Mental Health Tribunal has the power to discharge these patients after a hearing. Patients who lack capacity to apply to the tribunal are unable to have a tribunal hearing. The European Court has ruled that this is unfair to these patients. There needs to be a system in place to ensure that these patients get a tribunal hearing. AbstractBackgroundIn the UK, the Mental Health Tribunal is a long‐established safeguard for patients detained under the Mental Health Act. This gives such patients an effective appeal mechanism to ensure legal protection of their liberty. This act contains sections that allow for civil detention in the case of mental disorder. The right to apply to the tribunal against such detention is underpinned by the right to liberty under Article 5 of the European Convention of Human Rights (ECHR). Some patients with learning disabilities may lack capacity and the ability to challenge their detention.MethodThis article presents a case study of a woman with Down's syndrome and severe learning disabilities. Whilst this woman was detained under the Mental Health Act, she could have applied for a review of her detention to the Mental Health Tribunal within 14 days. She did not do so because she lacked capacity to instruct solicitors. Subsequently, as a result of appeal, the case proceeded through English and European judicial review.ResultsThe European Court of Human Rights, in the case of MH v UK (2013), has ruled that the appeals procedure for patients without capacity detained under Section 2 of the Mental Health Act is not compatible with Article 5(4) of the European Convention of Human Rights. The European Court has ruled that special procedural safeguards are required to enable this cohort of patients to exercise their rights guaranteed by Article 5(4).ConclusionsResponsible clinicians [treating consultant psychiatrists] need to ensure that all patients detained under section 2 of the Mental Health Act have an assessment of their capacity to apply to the tribunal. There need to be systems in place to alert hospital managers when a patient lacks capacity to apply for a tribunal. Hospital managers should request the Secretary of State to apply for a tribunal in these instances. Knowledge of this ruling is relevant to informing the practice of other interdisciplinary healthcare professionals working with such patients.

USING AN ONLINE MARKING SYSTEM FOR A LARGE CLASS ENVIRONMENT

The use of online team marking has the potential to both simplify and expedite the process of marking exams, papers, and other artifacts. An online team marking tool (Crowdmark) has been piloted at UBC in Mechanical Engineering (125 student midterm) and two common first year introduction to engineering courses (840 student final exam, and 730 student midterm and final exam).Crowdmark, the particular software tool used, printed a unique QR code on each page of each exam and then exams were written by students in a conventional pencil-andpaper fashion. After the exam, papers were digitized and uploaded to the Crowdmark system. Following a brief training and orientation session, all marking took place by teaching assistants through the Crowdmark interface. Overall grader preference was positive, with the majority of graders expressing a strong preference for the Crowdmark system over conventional paper-based grading. In MECH 223, extensive historical data for marking time was available, and a significant reduction in marking time per exam (30%) was observed. This time savings included time saved handling papers and entering grades. Additional benefits were also observed through the use of this system: grades and histograms are available per question in real-time; time and grader tracking data is available; exam regrading is simplified; and there is a digital record of each exam for archiving purposes as well as to prevent issues of students altering papers prior to requesting regrading. Special safeguards had to be put in place due to freedom of information and privacy protection (FOIPP) requirements in British Columbia. We haveobserved a slightly lower cost per graded page with Crowdmark ($0.426/page) compared to a conventional exam ($0.439/page), but this includes outsourcing printing and scanning to an industrial-scale printing company. We consider this essentially cost-neutral, but like Crowdmarkfor all of the other benefits it offers.

El Control Aduanero en el Ecuador, una Visión al Período 2013 - 2016

El Ecuador tiene como principales fuentes de financiamiento de su presupuesto los ingresos provenientes de las exportaciones, especialmente de las ventas del petróleo y sus derivados; el financiamiento internacional y la recaudación tributaria. De esta última, un componente importante es la recaudación aduanera, cuyos mayores rubros corresponden a impuestos Ad Valorem, Impuestos a Consumos Especiales, Salvaguardias e Impuesto al Valor Agregado. De ahí la razón para que el Servicio Nacional de Aduana despliegue estrategias y planes que le permitan asegurar un adecuado control aduanero. La normativa internacional comprende una serie de conceptos que facilitan la ejecución de operaciones tanto al interior del país, como en cooperación con las Administraciones Aduaneras de otros Estados. El Ecuador ha emprendido un proceso de modernización del Sistema Aduanero, el mismo que ha incluido reformas legales, equipamiento tecnológico, optimización y desarrollo del talento humano, desarrollo e implementación de procesos y procedimientos; todo ello ha generado un incremento de las recaudaciones, reducción de tiempos de despacho, eficiencia en patrullajes terrestres y marítimos y un gran despliegue del control posterior, entre otros aspectos.

Evanescing of the Due Process? Abuse of the Writ Jurisdiction in Lieu of Alternate Remedy

When the members of the Constituent Assembly presented the Constitution of India to our nation, one of its primary and fundamental objectives was not only to provide a sovereign, democratic, republic state, but to secure for its citizens justice, liberty, equality and fraternity by administering adequate safeguards and legal protection in case of any abuse or infringement of any right. All our laws as we know of derive its source and power from the Constitution and the writ jurisdiction is one of the special safeguards conferred on the Courts, specifically the Supreme Court and High Courts, to act as guardians of justice while also ensuring that none of these laws infringe or abrogate upon the fundamental fabric of our democracy, which is the Constitution of India. But lately, there has been a trend to abuse this power and overtax the already burdened Courts that are in desperate need of judges, in lieu of adopting efficacious civil remedies. The NJAC impasse between the government and the judiciary before the Supreme Court ultimately did little to fill the void and only further contributed to the deficiency of judges rather than resolving it. The legislature understanding the pressure and huge backlog of cases in Courts introduced as early in 1976 through a Constitutional Amendment, Tribunals, which were specialized forums that sought to reduce the workload on Courts and thereby increase the efficiency in disposing cases. But even after catena of Supreme Court decisions analyzing and interpreting the independence and scope of Tribunals and warning Courts not to interfere in their due process, there have been several instances of High Courts exercising their writ/supervisory jurisdiction, which thereby hampers the functionality of such forums. This piece, therefore, analyses the objective of introducing Tribunals while also putting forth scenarios on how the writ jurisdiction has been abused with the assistance of various judicial pronouncements. Reference is also made to specific enactments that are available at the disposal of the litigants and how shrewd legal strategies or wrong admission of writs by judges are adopted in lieu of efficacious remedies, which thereby has been one of the primary contributors to the present backlog of cases in the higher judiciary.

A Critical Legal Analysis on the Minimum Age of Criminal Responsibility in the New Islamic Punishment Act of Iran

The provision for a minimum age of criminal responsibility (MACR) is stated in a number of international children's rights instruments. The preamble of the United Nations Convention on the Rights of the Child (UNCRC) states that a child, by reason of his physical, mental and emotional immaturity is in need of special safeguards, care and assistance. Despite remarkable improvements in a number of provisions, an examination of the Iran's laws and regulations reveal that the provision of MACR is currently in conflict with the international instruments particularly the UNCRC. This is despite the fact that Iran is a State Party of the UNCRC since. Furthermore, the Iranian Civil Code expressly provide that the government is to implement the UNCRC provisions as an international treaty. This article critically examines the position of the MACR and punishments of children in the new Islamic Punishment Act of Iran (2013) based on the four Islamic categories of punishments namely Hadd, Qisas, Diya and Ta’zir as enshrined in the new Act. The current article places emphasis on the examination of the issue of MACR in Iran and how effectively it is addressed by the new Act. The nature of this research is doctrinal by examining the new Act of Iran 2013 with a critical legal overview on the Articles relating to children and their impact on the rights of children. Furthermore, it compares the relevant Articles on MACR and punishments of the new Act with the previous abolished Act and the international standards. The purpose is to highlight both the limitations and advancements of the new Act. In the final analysis, this article concludes that despite the improvements in the field of children's rights in the new Act, it still poses potential risks for the rights of the children in Iran.