IF 1.2

Laws Pub Date : 2023-06-12 DOI: 10.3390/laws12030055

S. Anisah, Sahid Hadi

{"title":"The Human Right to a Fair Trial in Competition Law Enforcement Procedures: A Rising Issue in Indonesian Experiences","authors":"S. Anisah, Sahid Hadi","doi":"10.3390/laws12030055","DOIUrl":"https://doi.org/10.3390/laws12030055","url":null,"abstract":"The Indonesian Competition Supervisory Commission (ICSC) has the authority to investigate, prosecute, adjudicate, decide, and impose sanctions on business actors for violating Indonesian competition law. It also has the authority to establish procedural laws for the competition law enforcement procedures within its institution. This single role raises various issues in the current context, including the right to a fair trial and checks and balances. This article seeks to define the position of human rights, particularly the right to a fair trial, in competition law enforcement procedures. The result is that competition law enforcement procedures are subordinate to human rights, so they must be exercised in compliance with human rights standards, particularly the right to a fair trial. Based on the experience in Indonesia, this study finds that the ICSC’s single role is incompatible with human rights commitments in fair competition law enforcement procedures. As an alternative solution, this article encourages a modification and adjustment based on human rights commitments and checks and balances mechanism by limiting one of the ICSC’s authorities and broadening the interference of the Supreme Court in enforcing Indonesian competition law at the ICSC level.","PeriodicalId":30534,"journal":{"name":"Laws","volume":" ","pages":""},"PeriodicalIF":1.2,"publicationDate":"2023-06-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41783795","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}

引用次数: 0

The U.S. Experience in Drafting Guidelines for Judicial Interviews of Children and Its Translation to Hague Abduction Convention Return Proceedings Globally 美国制定儿童司法面谈准则的经验及其在海牙诱拐公约中的翻译

IF 1.2

Laws Pub Date : 2023-06-09 DOI: 10.3390/laws12030054

Melissa A. Kucinski

引用次数: 0

Milestones and Current Dilemmas: Evaluation of Sentencing Standardization for Illegal Possession of Drugs in China 里程碑与困境：我国非法持有毒品量刑规范化评价

IF 1.2

Laws Pub Date : 2023-06-07 DOI: 10.3390/laws12030053

Jia Wu, Yang Xia, Apei Song

{"title":"Milestones and Current Dilemmas: Evaluation of Sentencing Standardization for Illegal Possession of Drugs in China","authors":"Jia Wu, Yang Xia, Apei Song","doi":"10.3390/laws12030053","DOIUrl":"https://doi.org/10.3390/laws12030053","url":null,"abstract":"It has been more than ten years since the nationwide sentencing standardization reform was implemented in China to solve the widespread problem of uneven sentencing in criminal justice. A statistical analysis of 1595 written judgments of illegal possession of drugs showed that the reform of sentencing for the standardization amount-based crimes has achieved remarkable results, and judges’ discretion has been highly normative and consistent. Under the same criminal circumstances, the degree of consistency between the amount involved in the crime and imprisonment has significantly increased, which is more in line with the standards of formal justice. However, the effect of the sentencing standardization reform declined as the amount involved in the crime increased. This exposes the shortcomings of the standardized sentencing model when considering multiple crimes; these include confusion between the amount and circumstances of a crime, the imbalance between crime and punishment, and the application of discretionary circumstances in sentencing depending on the amount involved in the crime. Therefore, it is necessary to attach more importance to the evaluation of the legitimacy of the sentencing range established by criminal law in subsequent sentencing reforms and to further refine and perfect the standardized sentencing mode, with a shift from formal justice to justice in form and substance.","PeriodicalId":30534,"journal":{"name":"Laws","volume":" ","pages":""},"PeriodicalIF":1.2,"publicationDate":"2023-06-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43348069","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}

引用次数: 0

From Canada to Scotland: The Incorporation of Ethical Wildlife Control Principles: A Review 从加拿大到苏格兰:伦理野生动物控制原则的纳入:综述

IF 1.2

Laws Pub Date : 2023-06-05 DOI: 10.3390/laws12030052

Hannah Louise Moneagle

{"title":"From Canada to Scotland: The Incorporation of Ethical Wildlife Control Principles: A Review","authors":"Hannah Louise Moneagle","doi":"10.3390/laws12030052","DOIUrl":"https://doi.org/10.3390/laws12030052","url":null,"abstract":"In 2015, 20 experts from academia, industry, and non-governmental organisations on 5 continents agreed to a set of seven international principles for ethical decision making (“the principles”) in managing human–wildlife conflict. The principles have since been recognised in wildlife management policy and standards in parts of British Columbia, Canada. In 2022, the principles were introduced to the Scottish Parliament by means of a formal Motion lodged by Colin Smyth MSP. Smyth expressed the view that opportunities existed to integrate the principles into the Scottish Government’s strategic approach to wildlife management and its species licensing review. The (now former) Minister for Environment, Biodiversity and Land Reform at the Scottish Government, Mairi McAllan, stated in the Motion debate that followed that she was committed to working to understand how the principles could sit alongside the Scottish Government’s ambitious programme to protect animals and wildlife. The Hunting with Dogs (Scotland) Bill was introduced to the Scottish Parliament prior (February 2022) to the Motion debate but passed on 24 January 2023, following various debate and amendment stages. It offered parliamentarians the first opportunity to align wildlife-specific legislation with the principles. The Bill received Royal Assent on 7 March 2023 and is now the Hunting with Dogs (Scotland) Act 2023 (“The Act”). A review of The Bill (and subsequent Act) can assist in identifying where it could have aligned more closely with the principles to assist decision makers in understanding how to usefully incorporate the principles into future wildlife legislation and policy.","PeriodicalId":30534,"journal":{"name":"Laws","volume":" ","pages":""},"PeriodicalIF":1.2,"publicationDate":"2023-06-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48876364","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}

引用次数: 0

Transformative Justice for Elimination of Barriers to Access to Justice for Persons with Psychosocial or Intellectual Disabilities 变革司法:消除社会心理或智力残疾者诉诸司法的障碍

IF 1.2

Laws Pub Date : 2023-06-05 DOI: 10.3390/laws12030051

Jonas Ruškus

引用次数: 1

Disability-Specific Sporting Competitions and the UN CRPD: Segregation as Inclusion? 残疾人体育比赛与联合国残疾人权利公约:隔离即包容?

IF 1.2

Laws Pub Date : 2023-06-05 DOI: 10.3390/laws12030050

Rinke Beekman, Frea De Keyzer, T. Opgenhaffen

引用次数: 0

Children’s Participation in Care and Protection Decision-Making Matters 儿童参与照料和保护决策事项

IF 1.2

Laws Pub Date : 2023-06-01 DOI: 10.3390/laws12030049

J. Cashmore, P. Kong, M. Mclaine

{"title":"Children’s Participation in Care and Protection Decision-Making Matters","authors":"J. Cashmore, P. Kong, M. Mclaine","doi":"10.3390/laws12030049","DOIUrl":"https://doi.org/10.3390/laws12030049","url":null,"abstract":"Laws and policies in different jurisdictions provide a range of mechanisms that allow children involved in child protection processes and care proceedings to express their views when decisions that affect them are being made. Whether these mechanisms facilitate children’s involvement and whether they result in children’s views being heard and “given due weight in accordance with the age and maturity of the child”, as required by article 12 of the UN Convention on the Rights of the Child, is the focus of this article. The law, policy and practice in New South Wales, Australia, are used to provide a contextual illustration of the wider theoretical and practical issues, drawing on international comparisons and research. It is clear there is still some way to go to satisfy the requirements of article 12 in Australia and other jurisdictions. These mechanisms often do not provide the information children need to understand the process, nor do they consistently encourage meaningful participation through trusted advocates who can accurately convey children’s views to those making the decisions. It is generally unclear how children’s views are heard, interpreted, and weighted in decision-making processes. The research findings from a number of countries, however, are clear and consistent that children often feel ‘unheard’ and that they have had few opportunities to say what is important to them. A number of conclusions and practice suggestions are outlined for how the law could better accommodate children’s views.","PeriodicalId":30534,"journal":{"name":"Laws","volume":" ","pages":""},"PeriodicalIF":1.2,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46846418","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}

引用次数: 1

Municipal and Industrial Urban Waste: Legal Aspects of Safe Management 城市和工业垃圾：安全管理的法律问题

IF 1.2

Laws Pub Date : 2023-05-25 DOI: 10.3390/laws12030048

S. Ivanova, N. Lisina

{"title":"Municipal and Industrial Urban Waste: Legal Aspects of Safe Management","authors":"S. Ivanova, N. Lisina","doi":"10.3390/laws12030048","DOIUrl":"https://doi.org/10.3390/laws12030048","url":null,"abstract":"Competent management of the production and consumption of waste is the foundation for ensuring a favorable environment in cities and comfortable living conditions for the population. Laws and regulations play a key role in this process since they determine measures aimed at creating conditions for safe waste management, an effective management system in the field of environmental protection from waste pollution. In the cities of many developing countries, including Russia, despite the efforts being made, there is an increase in the volume of municipal solid waste. Solving the problems of waste management has been set as a national task. The article analyzes the current condition of solid waste management systems in developed and developing countries and identifies the features and prospects of waste management, including the one in Russia. It is established that the existing set of organizational, sanitary, and legal measures, and legal regulation of relations and law enforcement practices in the field of solid municipal waste management in many developing countries is still in the forming stage. The positive experiences of countries in implementing sustainable systems of safe waste management and the positions of judicial bodies on controversial issues of waste management in cities can be used as the basis for an environmental policy of safe waste management at all levels of public authority, as well as improving legislation in the field of waste management.","PeriodicalId":30534,"journal":{"name":"Laws","volume":" ","pages":""},"PeriodicalIF":1.2,"publicationDate":"2023-05-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47709307","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}

引用次数: 1

Should Pharma Companies Waive Their COVID-19 Vaccine Patents? A Legal and Ethical Appraisal 制药公司应该放弃新冠肺炎疫苗专利吗？法律与伦理评价

IF 1.2

Laws Pub Date : 2023-05-23 DOI: 10.3390/laws12030047

T. Cowart, Tsuriel Rashi, G. L. Bock

引用次数: 0

From Fashion Brand to Artwork: Divergent Thinking, Copyright Law, and Branding 从时尚品牌到艺术品：分歧思维、版权法与品牌

IF 1.2

Laws Pub Date : 2023-05-19 DOI: 10.3390/laws12030046

Marlena Jankowska, Berenika Sorokowska

引用次数: 0

Laws最新文献