Laws最新文献

{"title":"Energy Security, Energy Transition, and Foreign Investments: An Evolving Complex Relationship","authors":"Maria Rosaria Mauro","doi":"10.3390/laws13040048","DOIUrl":"https://doi.org/10.3390/laws13040048","url":null,"abstract":"Energy has historically enticed significant interest from foreign investors. Simultaneously, it has perpetually held a pivotal position in any nation’s framework. Consequently, governments have long regarded energy security as a paramount concern, crucial for ensuring national stability. Energy security, simply put, is defined as “the availability of sufficient supplies at affordable prices”. However, a more contemporary perspective also emphasizes the necessity for long-term sustainability in the supply. This perspective adds a new foundational element—sustainability—to the concept of energy security. Stemming from this premise, two phenomena in the energy sector emerge that could impact international foreign direct investment (FDI) flows. Firstly, the transition from hydrocarbons to renewable sources necessitates substantial investment, wherein foreign investments could play a pivotal role. Secondly, there is an increasing trend of States utilizing FDI for strategic objectives. The acquisition of strategic energy infrastructure by foreign entities is now perceived as a risk to the energy supply security of nations. Consequently, several States have bolstered their FDI screening mechanisms to assess potential impacts on supply security, infrastructure operation, and national security in general. These two aforementioned phenomena may sometimes conflict. This article aims to analyze the intricate relationship between energy security, energy transition, and foreign investments. The author posits that an overly broad interpretation of national security and the misuse of screening mechanisms could serve as instruments for shielding the domestic economy, potentially undermining the foreign investment legal framework. Such an approach in the energy sector could have a “chilling effect,” leading to a reduction in FDI and impeding the energy transition or the attainment of other energy-related objectives. At the same time, a deep reform of the international investment regime is required, which should go through a modification of International Investment Agreements (IIAs) clauses but also through a more environmentally friendly approach by investment arbitration tribunals. It appears extremely difficult to find a balance between international investment law and environmental/climate change law. In this context, the Energy Charter Treaty (ECT), which has recently undergone a “modernization process”, is assumed to be a test bench.","PeriodicalId":30534,"journal":{"name":"Laws","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2024-07-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141823259","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Right to Data Portability as a Personal Right","authors":"Alejandro Laje, Klaus Schmidt","doi":"10.3390/laws13040047","DOIUrl":"https://doi.org/10.3390/laws13040047","url":null,"abstract":"The right to the portability of personal data guarantees the interested party the right to receive personal data that concern themselves. Specifically, data which a person has provided to a ‘data collector’ in a structured format can currently be transmitted to another ‘data collector’ without any legal consequences as long as the original ‘collector’ has received consent either derived via a contract or other means. This data transaction from one ‘collector’ to another is often carried out by automated means; it is easily technically possible and is therefore considered to not negatively affect the rights and freedoms of others. This right to data transfer is guaranteed when it comes to data collected in the public interest or in the exercise of public powers conferred on the ‘collector’. The main precedent to the right to data portability is the EU Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016, regarding the protection of natural persons with respect to the processing of personal data and their free circulation, which repeals Directive 95/46/EC (General Data Protection Regulation). In Article 20, this regulation discusses the right to data portability, establishing the basic guidelines for this right. Thus, a new personal right is guaranteed, given the context of the general protection of data. In order to strengthen control over their own data, a natural person must also be allowed to receive data in the same structured way.","PeriodicalId":30534,"journal":{"name":"Laws","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2024-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141645096","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Beyond Auto-Brewery: Why Dysbiosis and the Legalome Matter to Forensic and Legal Psychology","authors":"Alan C. Logan, Susan L. Prescott, Erica M. LaFata, Jeffrey J. Nicholson, Christopher A. Lowry","doi":"10.3390/laws13040046","DOIUrl":"https://doi.org/10.3390/laws13040046","url":null,"abstract":"International studies have linked the consumption of ultra-processed foods with a variety of non-communicable diseases. Included in this growing body of research is evidence linking ultra-processed foods to mental disorders, aggression, and antisocial behavior. Although the idea that dietary patterns and various nutrients or additives can influence brain and behavior has a long history in criminology, in the absence of plausible mechanisms and convincing intervention trials, the topic was mostly excluded from mainstream discourse. The emergence of research across nutritional neuroscience and nutritional psychology/psychiatry, combined with mechanistic bench science, and human intervention trials, has provided support to epidemiological findings, and legitimacy to the concept of nutritional criminology. Among the emergent research, microbiome sciences have illuminated mechanistic pathways linking various socioeconomic and environmental factors, including the consumption of ultra-processed foods, with aggression and antisocial behavior. Here in this review, we examine this burgeoning research, including that related to ultra-processed food addiction, and explore its relevance across the criminal justice spectrum—from prevention to intervention—and in courtroom considerations of diminished capacity. We use auto-brewery syndrome as an example of intersecting diet and gut microbiome science that has been used to refute mens rea in criminal charges. The legalome—microbiome and omics science applied in forensic and legal psychology—appears set to emerge as an important consideration in matters of criminology, law, and justice.","PeriodicalId":30534,"journal":{"name":"Laws","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2024-07-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141658508","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The OECD Dispute Resolution System in Tax Controversies","authors":"M. Greggi, Anna Miotto","doi":"10.3390/laws13040045","DOIUrl":"https://doi.org/10.3390/laws13040045","url":null,"abstract":"The article analyses the latest international tax law developments in dispute resolution settlement protocols and the need for effective multilateral solutions to prevent international double taxation. While several treaties currently minimise the risks of international double taxation, more must be achieved to provide judicial remedies in cases where two states want to tax the same income simultaneously. The OECD has developed a dispute resolution system based on arbitration clauses to be introduced in conventions signed by the state and a brand-new MLI (multilateral instrument) that should be applicable on a broader scale. These remedies have proven unsatisfactory as the taxpayer is not entitled to play any role in these (arbitration) procedures and cannot stand personally in front of any panel. The authors argue that such a scenario is inconsistent with the rule of law and the due process clauses and should be amended. Creating a supranational court with the entitlement to adjudicate the power to tax would be the optimal solution, but this would collide with the position of several states and their distrust of the international judiciary in tax matters.","PeriodicalId":30534,"journal":{"name":"Laws","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2024-07-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141659491","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Reconceptualizing Policing for Cybercrime: Perspectives from Singapore","authors":"Azfer A. Khan","doi":"10.3390/laws13040044","DOIUrl":"https://doi.org/10.3390/laws13040044","url":null,"abstract":"As cybercrime proliferates globally, law enforcement agencies face significant challenges in responding effectively. This essay shares perspectives from Singapore, where cybercrime accounted for about 70% of the total annual crime in 2023, with no clear data on case resolution rates. This situation reflects a broader global trend and highlights the need to reconceptualize policing objectives in cyberspace. The fundamental differences between cybercrime and physical crime necessitate a shift from emphasizing the identification and prosecution of perpetrators to adopting a harm-centric perspective. Under this perspective, structures and policies should be implemented to disrupt financial flows, ensure data security, disrupt the spread of harmful content, and prevent physical damage. Once this is done, strategies such as public–private partnerships, international cooperation, and training and building capabilities to address specific harms can be more effectively implemented to mitigate the growing threat that cybercrime poses worldwide.","PeriodicalId":30534,"journal":{"name":"Laws","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2024-07-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141662796","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Enhancing the Accessibility of Pedestrian Environments: Critical Reflections on the Role of the Public Sector Equality Duty","authors":"Anna Lawson, Maria Orchard, I. Eskyte, Morgan Campbell","doi":"10.3390/laws13040043","DOIUrl":"https://doi.org/10.3390/laws13040043","url":null,"abstract":"The British Equality Act 2010’s Public Sector Equality Duty (PSED) aims to mainstream equality into the decision-making of public authorities. Although it has generated substantial critique, it has been the subject of surprisingly few empirical investigations, and existing literature does not address the role of the PSED in enhancing accessibility—either in the specific context of streetscapes or more generally. Here, we present the findings of a doctrinal and qualitative study on this topic. It consists of a critical review of relevant case law and an empirical study in which we interviewed disability campaigners, lawyers, and people working in or for public authorities. Two broad issues emerged from the empirical investigation: involvement and enforcement—on each of which our interviewees identified a range of concerns. These, together with our critique of case law, inform our analysis of the impact and effectiveness of the PSED in the context of streetscape accessibility, and accessibility more broadly. We conclude that, while the PSED (together with other Equality Act duties) is charged with a critical role in embedding equality—and, therefore, accessibility—in public authority decision-making, various factors have severely hampered its ability to deliver. Accessibility too often appears to be subordinated to other policy agendas instead of being embedded within them. There is an urgent need for reform to ensure that accessibility is suitably prioritised—both generally and in the particular context of streetscapes.","PeriodicalId":30534,"journal":{"name":"Laws","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2024-07-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141678669","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Managing Active Shooter Events in Schools: An Introduction to Emergency Management","authors":"Selina E. M. Kerr","doi":"10.3390/laws13040042","DOIUrl":"https://doi.org/10.3390/laws13040042","url":null,"abstract":"Active shooter events involving an armed perpetrator(s) on campus are one of the main risks facing K-12 schools. Defined as planning for and responding to emergency situations, emergency or crisis management allows for an ‘acceptable’ level of risk to be achieved. This paper will go through the four principles of emergency management, detailing what each stage involves and how it can reduce risk. The first of these is mitigation, which prevents crises occurring in the first place. Effective risk and threat assessment are pertinent to this stage. Secondly, there is preparedness, which enhances the capacity of an organization to respond to various incidents. This involves drafting emergency management plans and practicing these to ensure readiness to respond. The next principle is responding to a crisis, denoting the actions taken during and immediately after a crisis, should one transpire. The final facet of emergency management planning is recovery, referring to the short-to-long-term phase of restoring a community following an incident. This paper will share insights obtained from a recent event, The Briefings, held by the I Love U Guys foundation, one of the leading school safety organizations in the United States. Specifically, the paper will focus on a possible training approach to active shooter events and other emergencies, the organization’s emergency management framework called the ‘Standard Response Protocol’. Additionally, this paper will incorporate relevant scholarly readings in order to provide an introduction to the topic of emergency management.","PeriodicalId":30534,"journal":{"name":"Laws","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2024-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141685409","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"An Artificial Review of Jesus’s Torah Compliance and What That Might Mean for Jews and Gentile Christians","authors":"Jonathan Dawayne Brackens","doi":"10.3390/laws13030036","DOIUrl":"https://doi.org/10.3390/laws13030036","url":null,"abstract":"The Torah is central to Judaism. Jesus’s relationship with it sparks conflict with Christianity. Some Jews think that Jesus violated the Torah, while some Christians believe that he sinlessly followed it. This clash escalated on 22 June 2023, when Ultra-Orthodox Jews protested a Messianic convention in Jerusalem. Social media videos and comments highlighted Jesus’s purported Torah compliance, placing Matthew 5:17 at the center stage. The comments proved indicative of the gaps within the literature as neither determined all the unique Written and Oral Torahic/legal issues raised within the Gospels nor quantified the extent of Jesus’s compliance. To address these gaps, this study employs artificial intelligence (LDA), statistics, and legal analysis and exegesis to determine Jesus’s compliance with the Torah, Mishnah, Talmud, and Mishneh Torah. The findings show the Gospels’ consensus: Mark, Luke, and John reflect that Jesus was non-Torah-compliant (14.80, 43.80, and 0.00%, respectively); Matthew states otherwise (70.80%). Overall, the study revealed that Jesus kept 79 of 162 Written and Oral Torah laws (48.80%). This study has significant implications for Christian doctrines, the definition(s) of sin, and the missionizing ethnoreligion members and serves as a case study that illustrates AI’s impact on religious authority (i.e., clergy, scholarship, and doctrines).","PeriodicalId":30534,"journal":{"name":"Laws","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2024-06-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141363836","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Facial Recognition Technology in Policing and Security—Case Studies in Regulation","authors":"Nessa Lynch","doi":"10.3390/laws13030035","DOIUrl":"https://doi.org/10.3390/laws13030035","url":null,"abstract":"Technology-enabled state surveillance has evolved rapidly to allow real-time remote tracking and surveillance of people and vehicles and the aggregation of vast amounts of data on people and their movements, networks, and relationships. Facial recognition technology (FRT) comprises a suite of technologies that allows verification, identification, and categorisation by analysing a person’s facial image. Such technologies impact fundamental rights, such as privacy, freedom of expression, and freedom of assembly, but can also be used to detect, investigate, and deter serious crime and harm and to counter threats to security, thus promoting collective interests in security and public safety. These impacts have been considered in terms of scholarship and advocacy, but the shape of principled regulation is less well traversed. This contribution examines three contemporary case studies of the regulation of FRT in policing and security to analyse the challenges in regulating this technology.","PeriodicalId":30534,"journal":{"name":"Laws","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2024-06-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141372767","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Redefining Boundaries in the Metaverse: Navigating the Challenges of Virtual Harm and User Safety","authors":"Mohamed Chawki, Subhajit Basu, Kyung-Shick Choi","doi":"10.3390/laws13030033","DOIUrl":"https://doi.org/10.3390/laws13030033","url":null,"abstract":"This paper analyses sexual crimes within the Metaverse to develop an effective legal framework. The aim is to enhance safety in virtual realities, ensuring the Metaverse remains a secure, respectful, and liberating environment for all users. As the Metaverse continues to evolve, merging augmented physical reality with digital existence, it introduces new opportunities for socialisation, commerce, education, and entertainment. However, this digital realm also faces significant challenges, particularly the increase in sexual violence. This article evaluates the development of the Metaverse and its impact on sexual offences. It provides an overview of the Metaverse, followed by an in-depth exploration of the nature of sexual violence in this virtual space, its effects on victims, and the resulting legal and ethical issues. Additionally, this article examines the complexities of combating sexual violence within the Metaverse, reviewing the legal frameworks in various jurisdictions, including the United States, the European Union, the United Kingdom, and South Korea. These examinations reveal a range of legal viewpoints and possible solutions. This article outlines a proposed legal framework, highlighting key strategic areas for mitigating sexual violence in the Metaverse. The primary objective is to enrich the discourse on the Metaverse, pushing for strong, flexible, and holistic legal measures. Through this research, we aim to contribute to the creation of protective mechanisms against sexual violence in these emerging virtual landscapes.","PeriodicalId":30534,"journal":{"name":"Laws","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2024-05-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141101969","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}