Laws最新文献

{"title":"Mitigating the Risk of Autonomous Weapon Misuse by Insurgent Groups","authors":"J. Kwik","doi":"10.3390/laws12010005","DOIUrl":"https://doi.org/10.3390/laws12010005","url":null,"abstract":"The intersection between autonomous weapon systems (‘AWS’) and non-State armed groups (‘NSAG’) is an underexplored aspect of the AWS debate. This article explores the main ways future policymakers can reduce the risk of NSAGs committing violations of the laws of armed conflict (‘LOAC’) using AWS once the technology becomes more prolific and easily distributable. It does this by sketching a chronological picture of an NSAG’s weapons obtention process, looking first at its likely suppliers and transport routes (acquisition), and, subsequently, at factors which can increase the risk of LOAC violations once the system is in their possession (use). With regard to use, we find that the lack of explicit legal obligations in LOAC to (a) review weapons meant solely for transfer and (b) provide technical training to recipients of transfer constitute serious reasons why LOAC violations may be aggravated with the introduction of AWS to insurgent groups. We also find, however, that States are uniquely and powerfully placed to address both acquisition and use factors, and outline how they can be persuaded into implementing the risk-reducing measures recommended in this article for purely strategic reasons, i.e., even if they express no interest in improving LOAC compliance per se.","PeriodicalId":30534,"journal":{"name":"Laws","volume":" ","pages":""},"PeriodicalIF":1.2,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41928894","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":"International and National Contemporary Private Law","authors":"A. Avtonomov","doi":"10.3390/laws12010004","DOIUrl":"https://doi.org/10.3390/laws12010004","url":null,"abstract":"Private international law as a branch of law still causes discussions regarding its subject, nature and sources. Therefore, all these as yet unresolved problems, having practical importance and theoretical interest, still require attention. The study is carried out using such methods as synchronous and diachronic comparative legal, historical, legal-linguistic, dialectical-materialistic, descriptive, analysis and synthesis. The present article is devoted to the main trends in the development of private international law in modern conditions from the point of view of the ratio of domestic (national) and inter-state (international and supranational) regulation. A brief historical overview provides the key to a better understanding of the current state of affairs. The competition of several factors contributing to the internationalization and nationalization of private law is one of the objects of exploration in the article. The development of private law is characterized by mutually contradictory trends, which, on the one hand, show the strengthening of the internationalization of legal regulation, and on the other hand, reflect the consolidation of the nationalization of legal means of streamlining the interaction of individuals and legal entities. The interweaving of factors (of legal and meta-legal nature) that feed both one and the other trend is specifically studied.","PeriodicalId":30534,"journal":{"name":"Laws","volume":" ","pages":""},"PeriodicalIF":1.2,"publicationDate":"2022-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48061737","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":"EU Institutions: Revisiting Gender Balance and Women’s Empowerment","authors":"G. Belova, A. Ivanova","doi":"10.3390/laws12010003","DOIUrl":"https://doi.org/10.3390/laws12010003","url":null,"abstract":"Equality Gender balance between men and women is one of the most current controversial issues in recent years that provokes a number of debates, questioning whether it really exists or is instead a myth. This article examines how the issue is regulated by European Union (EU) law and to what extent the legal framework is implemented into the current composition and work of European institutions. The trend of women’s empowerment is examined on the example of some of the EU institutions, mainly the European Commission and the European Parliament. The authors point out that, at the moment, three of the institutions included in the single institutional framework of the EU are headed by women—Ursula von der Leyen, Roberta Metsola, and Christine Lagarde—and the European Ombudsman is a woman. This represents an undisputed achievement in the field of gender balance at a higher political level within the EU as well as the appointment of the first-ever commissioner for equality. The newest secondary legislation framework is observed: Directive 2019/1158/EU on work–life balance and the latest development with regard to the female representation on corporate boards (Women on Boards Directive). The article also concludes that while some of the institutions have managed to make steps towards a real gender balance during recent years, not all of the Member States have experienced such progress, and this is evident in the organization and work of the Council of the EU. Although the introduction of quotas for women on company boards has been assessed ambiguously, it represents a necessary action ‘to break the glass ceiling’ and would give a new impetus to women’s empowerment within the EU.","PeriodicalId":30534,"journal":{"name":"Laws","volume":" ","pages":""},"PeriodicalIF":1.2,"publicationDate":"2022-12-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47788018","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":"Adolescent Capacity to Consent to Participate in Research: A Review and Analysis Informed by Law, Human Rights, Ethics, and Developmental Science","authors":"Benjamin Mathews","doi":"10.3390/laws12010002","DOIUrl":"https://doi.org/10.3390/laws12010002","url":null,"abstract":"Contemporary societies pose major challenges for adolescents and it is essential to conduct research with them to understand their experiences, identify their needs, and discover solutions to major social problems. Social science, humanities and health-related research into violence, technology, and climate change exemplify vital research endeavours requiring adolescent participation to advance Sustainable Development Goals and enhance individual lived experience and societal flourishing for current and future generations. International and national research ethics guidelines emphasise the necessity to conduct research to advance societal benefit, while upholding principles of autonomy and justice, and promoting participant welfare and avoiding harm. International human rights instruments promote adolescents’ freedom of expression and right to participate in matters affecting them. The rapid generation of robust research findings is essential, but it remains commonly assumed that adolescents cannot provide their own consent to participate in research studies, and the belief that parental consent is required can impede and impair the entire research process. Debate continues about the proper interpretation of legal principles and research ethics guidelines about who may provide consent. Continuing confusion about who must provide consent, and why, impedes the protection of adolescents’ interests and the advancement of society. This article adds to knowledge by providing a multidisciplinary overview of evidence from developmental science, social science, law, human rights, and bioethics about decision-making capacity and entitlements in the context of research participation, and an updated evidence-based analysis of adolescents’ capacity to provide their own consent to participate in social, humanities and health-related research. A conservative application of knowledge from these domains both individually and collectively supports conclusions that adolescents aged 16 are able to provide their own consent to participate in research, and no legal or ethical principle requires the provision of parental consent on their behalf. Practical considerations may support parental involvement in conversations about participation, and some types of research require trauma-informed approaches, but adolescents are developmentally, legally and ethically entitled to make their own decision about whether or not to participate.","PeriodicalId":30534,"journal":{"name":"Laws","volume":" ","pages":""},"PeriodicalIF":1.2,"publicationDate":"2022-12-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44561452","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":"Parent-Child Relationship in the Civil Code of China","authors":"Wenting You","doi":"10.3390/laws12010001","DOIUrl":"https://doi.org/10.3390/laws12010001","url":null,"abstract":"The purpose of this article is to familiarize readers with the Chinese Civil Code, which entered into force in early 2021, and to draw their attention to the changes brought about by the Marriage and Family Book, which is now included in Volume V of the new code. The paternity system best reflects the changes in the Chinese Marriage and Family Book, especially Article 1073. A complete paternity system includes presumption, claim, and denial of the parent-child relationship. However, Article 1073 of the Civil Code, which regulates the parent-child relationship, is a guiding provision with a lack of operational rules. It is necessary to make general rules for operation and enforcement by adding supporting rules, including the presumption of legitimate children, the claim of children born out of wedlock, the denial of legitimate children, and other operational rules, to resolve paternity disputes. The Civil Code also makes changes to the adoption system in the Marriage and Family Book, mainly by further restricting the conditions for adopters with the aim of protecting the interests of the adoptee children. Although the Chinese Civil Code retains the concepts of legitimate and illegitimate children, in essence, there is no difference in their rights and legal status, including the right to inheritance. In conclusion, the legislative norms of paternity determination improve the Chinese paternity system, but lack operability, and it is important to accumulate experience through practice and draw on custom and jurisprudence to develop specific operational rules that complement the legislative provisions. This is exactly what this paper will address and the knowledge gap it will fill.","PeriodicalId":30534,"journal":{"name":"Laws","volume":" ","pages":""},"PeriodicalIF":1.2,"publicationDate":"2022-12-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46899023","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":"Spatial Nature and Geographical Characteristics of Drug Crime in Hungary","authors":"S. Mátyás, Endre Nyitrai","doi":"10.3390/laws11060090","DOIUrl":"https://doi.org/10.3390/laws11060090","url":null,"abstract":"Relatively few people in Hungary deal with the investigation of the spatial nature of crime. In connection with drug crime, we rarely find research dealing with this topic. The study shows why it is difficult to examine the spatiality of various drug-related crimes. It describes the main spatial trends of crime and the presence of criminal organizations in the field of drug trafficking by analyzing the criminal statistics data of the past decades. Political and drug policy changes, as well as the activities of criminal organizations at the international level, are usually hidden behind the spatial changes. In all cases, these also have a significant impact on the spatial distribution of drug use. The present research is primarily looking to answer whether there is a connection between the main focal points of organized crime and the centers of drug crime.","PeriodicalId":30534,"journal":{"name":"Laws","volume":" ","pages":""},"PeriodicalIF":1.2,"publicationDate":"2022-12-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44010220","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 Rule of Law and Human Mobility in the Age of Global Compacts: Relativizing the Risks and Gains of Soft Normativity?","authors":"M. Panizzon, Daniela Vitiello, T. Molnár","doi":"10.3390/laws11060089","DOIUrl":"https://doi.org/10.3390/laws11060089","url":null,"abstract":"The 2016 New York Declaration,1 for the first time in United Nations (UN) history, coalesced a diverging palette of regional and a few multilateral efforts before the UN General Assembly [...]","PeriodicalId":30534,"journal":{"name":"Laws","volume":"72 11","pages":""},"PeriodicalIF":1.2,"publicationDate":"2022-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41300258","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":"Refugees as Migrant Workers after the Global Compacts? Can Labour Migration Serve as a Complementary Pathway for People in Need of Protection into Sweden and Germany?","authors":"Zvezda Vankova","doi":"10.3390/laws11060088","DOIUrl":"https://doi.org/10.3390/laws11060088","url":null,"abstract":"Both the Global Compact for Safe, Orderly and Regular Migration and the Global Compact on Refugees commit states to diversify and expand on labour migration opportunities, in particular by facilitating work-based ‘complementary pathways’ for the admission of refugees. Yet, almost four years after their adoption, such pathways remain limited in many cases. It is the aim of this article to examine the constraints posed by existing immigration laws to serve as an admission ground for people in need of protection and the key legal, policy and political issues that need to be addressed to allow the commitments related to labour migration pathways contained in the Compacts to be implemented in national legal systems. In so doing, this article applies a legal and political feasibility lens to evaluate why these pathways for persons in need of protection are often small-scale, underutilized by employers and unwelcoming to potential refugees. It employs a comparative case study methodology drawing on more than 30 semi-structured interviews with stakeholders at the international and national levels in Germany and Sweden. The article concludes that the main challenge to the political feasibility of opening work-based complementary pathways for refugees is politicians’ and policy makers’ traditional thinking of migration and asylum as separate domains. When it comes to challenges to legal feasibility, these stem from entry requirements, lack of sufficient interest among employers who are a key stakeholder in the facilitation of such pathways, as well as issues related to the security of status of potential beneficiaries of such measures.","PeriodicalId":30534,"journal":{"name":"Laws","volume":" ","pages":""},"PeriodicalIF":1.2,"publicationDate":"2022-12-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42056245","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":"Consumers as Unassisted Minors: Asymmetrical Sanction for Unfair Contract Terms","authors":"Grzegorz J. Blicharz","doi":"10.3390/laws11060087","DOIUrl":"https://doi.org/10.3390/laws11060087","url":null,"abstract":"The consumer distance contract regulated within the European Union was compared to the Roman law solution known by its medieval name as negotium claudicans, thus to the contract with unassisted pupilli (children under the age of puberty, i.e., minors). This article builds on this comparison and applies it to yet another EU directive which follows even more closely the idea to interfere with the binding nature of contractual terms. The recent case law of the CJEU regarding the sanction enclosed in the Article 6(1) of Directive 93/13/EEC, its implementation into national laws, and the standpoints of various legal doctrines especially in Polish law inspire to ask about the nature of sanction for unfair contract terms and its importance for the modern discussion on the typology of nullity. The paper tries to answer these questions by marrying solutions applied in different times and contexts. It compares the EU sanction with the Roman law of contracts with unassisted minors and with its legacy in European and South African law. Both examples, according to us, are related by the similar nature of the sanctions which bear strikingly similar characteristics: they are asymmetrical and escape the modern typologies of nullity.","PeriodicalId":30534,"journal":{"name":"Laws","volume":" ","pages":""},"PeriodicalIF":1.2,"publicationDate":"2022-11-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43521427","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":"A Discourse on Restorative Practice—Participants’ Views of a Divergent Ideology","authors":"Thomas Procter-Legg","doi":"10.3390/laws11060086","DOIUrl":"https://doi.org/10.3390/laws11060086","url":null,"abstract":"This study is a discourse on restorative practice as a divergent epistemological ideology. It explores the field of restorative practice (RP) through thematic analysis of discursive captures from restorative practitioners and researchers within or associated with the Global Alliance for Restorative Justice and Social Justice. It includes elements of what could loosely be considered ethnographic research due to the time spent within restorative spaces, whilst analysing and processing the data. Methods include a restorative approach to research design, using online surveys as prerequisites to in-depth semi structured dialogic interviews. This led to reflexive thematic analysis, whereby three themes were constructed: the importance of congruence; evolution finding spaces for cultivation; and decentralising restorative practice through radical action. It is understood that this study takes a post positivist stance, designed to produce a discourse of participants’ views on RP as a divergent ideology. It is designed to highlight the perceptions of participants from a highly invested group and to promote a wider understanding of how RP interacts with dominant cultures. It would therefore be of interest to those implementing or growing restorative ideas within organisations.","PeriodicalId":30534,"journal":{"name":"Laws","volume":" ","pages":""},"PeriodicalIF":1.2,"publicationDate":"2022-11-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47841656","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}