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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":null,"pages":null},"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
{"title":"Transformative Justice for Elimination of Barriers to Access to Justice for Persons with Psychosocial or Intellectual Disabilities","authors":"Jonas Ruškus","doi":"10.3390/laws12030051","DOIUrl":"https://doi.org/10.3390/laws12030051","url":null,"abstract":"By adopting the Convention on the Rights of Persons with Disabilities (the CRPD) in New York, the United Nations heralded a new epoch on how disability-related matters ought to be comprehended and addressed across the globe. The aim of this article is to argue the role and substance of the CRPD, under which each State Party has a responsibility and duty to protect, promote and implement access to justice for all persons with disabilities on equal bases with others. Systemic and structural barriers to access to justice that are faced by persons with psychosocial or intellectual disabilities are highlighted, and the determinants of them are identified including boundaries of the principle of formal equality. The human-rights-based response within the framework of obligations of the States Parties of the CRPD to ensure access to justice for persons with psychosocial or intellectual disabilities is argued, with specific consideration of the principle of transformative equality. The analysis is based on the CRPD Committee’s jurisprudence, including Concluding observations for the States Parties, General Comments, statements and guidelines.","PeriodicalId":30534,"journal":{"name":"Laws","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2023-06-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43818557","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
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
{"title":"Disability-Specific Sporting Competitions and the UN CRPD: Segregation as Inclusion?","authors":"Rinke Beekman, Frea De Keyzer, T. Opgenhaffen","doi":"10.3390/laws12030050","DOIUrl":"https://doi.org/10.3390/laws12030050","url":null,"abstract":"Since the UN Convention on the Rights of Persons with Disabilities (CRPD) was created, segregation of persons with disabilities is no longer allowed. Separate schools, sheltered workshops, and isolated social care homes impede inclusion and must be banned. Sport is a remarkable exception to this general principle. The CRPD explicitly states that persons with disabilities should have the opportunity to organize, develop, and participate in disability-specific sporting activities. This contribution—focusing on the Paralympics and Special Olympics—examines why the CRPD allows and encourages disability-specific sporting competitions, despite (or perhaps due to) its radical choice for inclusion. Beyond that, this contribution asks the obvious follow-up question: if disability-specific competitions are allowed, how can the criteria for participation be determined in a manner consistent with the CRPD? The CRPD opposes a medical approach to disability, yet that approach is often used in selection criteria. Although this contribution primarily focuses on sports, the impact is wider: it raises questions on inclusion and how to assess disability.","PeriodicalId":30534,"journal":{"name":"Laws","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2023-06-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41884184","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
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":null,"pages":null},"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":null,"pages":null},"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
{"title":"Should Pharma Companies Waive Their COVID-19 Vaccine Patents? A Legal and Ethical Appraisal","authors":"T. Cowart, Tsuriel Rashi, G. L. Bock","doi":"10.3390/laws12030047","DOIUrl":"https://doi.org/10.3390/laws12030047","url":null,"abstract":"Pharmaceutical companies, like many other types of companies, are incentivized to create, manufacture, and distribute new products, in part due to the legal protections of patent law. However, the tension between patent rights and the public good has been heightened as pharma companies developed new vaccines to combat the COVID-19 pandemic. Wealthy governments paid well for vaccines and received ample supplies, while low- and middle-income countries struggled to obtain access to any vaccines. Some countries called for pharmaceutical companies to waive their patent protections for vaccines in order to facilitate the worldwide manufacture and distribution of COVID-19 vaccines. This paper will examine the rationale of patent protection and patent waiver issues, then compare these concepts with ethical constructs and a Jewish perspective.","PeriodicalId":30534,"journal":{"name":"Laws","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2023-05-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48059780","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 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
{"title":"From Fashion Brand to Artwork: Divergent Thinking, Copyright Law, and Branding","authors":"Marlena Jankowska, Berenika Sorokowska","doi":"10.3390/laws12030046","DOIUrl":"https://doi.org/10.3390/laws12030046","url":null,"abstract":"The purpose of this study is to explore the interaction between copyright, branding, marketing, and heritage protection with regard to a fashion brand. The authors use analytical-critical and legal-dogmatic methods, supplemented with desk research, a case study approach, and a review of the marketing literature. This paper argues that the top-tier fashion brands use the concept of artification in order to build their brands, mesmerize clientele, and increase revenues. Although design and reference to the arts play a major role in the luxurious and premium end of the fashion business, this analysis proves that the top players do not necessarily observe the appropriate laws in these areas. The reader will see examples of the flouting of basic legal constraints by big players, e.g., copyrights or property rights, including the monetisation of the creativity of others with the expectation of no legal challenge. Offenders capitalise on the likelihood that a legal suit is too demanding for smaller players, such as foundations or museums.","PeriodicalId":30534,"journal":{"name":"Laws","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2023-05-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47234862","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
A Four-Speed Reform: A Typology for Legal Capacity Reforms in Latin American Countries 四速改革:拉美国家法律行为能力改革的类型学
IF 1.2
Laws Pub Date : 2023-05-10 DOI: 10.3390/laws12030045
Renato Antonio Constantino Caycho, Renata Anahí Bregaglio Lazarte
{"title":"A Four-Speed Reform: A Typology for Legal Capacity Reforms in Latin American Countries","authors":"Renato Antonio Constantino Caycho, Renata Anahí Bregaglio Lazarte","doi":"10.3390/laws12030045","DOIUrl":"https://doi.org/10.3390/laws12030045","url":null,"abstract":"In the past few years, Latin American countries have started to enact changes in their legal capacity regulations regarding persons with disabilities. However, even when these changes started over eight years ago, there were few to no analyses on the matter. In addition, there is no encompassing theory or typology on how these reforms happen and on their effects. In the present paper, we propose two axes of analysis for the reforms: enforceability and compliance with Article 12 of the CRPD. This matrix allows for four kinds of reforms: incipient, formal, conciliatory and radical. Using this matrix, we examined the legislative changes in Argentina, Brazil, Colombia, Costa Rica, the Dominican Republic, El Salvador, Mexico, Nicaragua and Peru. Incipient reforms (Mexico) are not that effective but can lead to serious later change. Formal reforms (the Dominican Republic, El Salvador and Nicaragua) have few to no effects. Conciliatory reforms (Argentina, Brazil and Costa Rica) are a legislative compromise that allows for progressive change. Finally, radical reforms create encompassing change that is good but might create problems in the implementation.","PeriodicalId":30534,"journal":{"name":"Laws","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2023-05-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41426312","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
How Can the Adoption of the Voluntary Guidelines Improve Public Policy and Women’s Access to Agricultural Land in Mexico, Guatemala, and Bolivia? 自愿准则的采用如何改善墨西哥、危地马拉和玻利维亚的公共政策和妇女获得农业用地的机会?
IF 1.2
Laws Pub Date : 2023-05-08 DOI: 10.3390/laws12030044
Itziar Sobrino-García
{"title":"How Can the Adoption of the Voluntary Guidelines Improve Public Policy and Women’s Access to Agricultural Land in Mexico, Guatemala, and Bolivia?","authors":"Itziar Sobrino-García","doi":"10.3390/laws12030044","DOIUrl":"https://doi.org/10.3390/laws12030044","url":null,"abstract":"Rural women in Latin America continue to face serious obstacles in land tenure, especially in areas such as México, Guatemala, and Bolivia. Gender inequality in land access is related to male preference in inheritance legislation, male privilege in marriage and state programs of land distribution. Consequently, the activities implemented by governments have failed to take women into account. For this reason, the Food and Agriculture Organization of the United Nations (FAO) and several partner organizations developed a set of “Voluntary Guidelines” (VGs) on responsible governance of land tenure to reduce inequality. Therefore, the main objective is to determine the degree of governments’ commitment to the fight against inequality in access to land and the role of women regarding these rural areas of Latin America. For this, this research tests the compliance with the “Voluntary Guidelines” of the FAO in Mexico, Guatemala, and Bolivia.","PeriodicalId":30534,"journal":{"name":"Laws","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2023-05-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43612665","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
Stratagems as a Means of Achieving Justice and Spreading Truth 策略是实现正义和传播真理的手段
IF 1.2
Laws Pub Date : 2023-04-28 DOI: 10.3390/laws12030036
Harro von Senger
{"title":"Stratagems as a Means of Achieving Justice and Spreading Truth","authors":"Harro von Senger","doi":"10.3390/laws12030036","DOIUrl":"https://doi.org/10.3390/laws12030036","url":null,"abstract":"This contribution is based on the Chinese concept called Moulüe. A unique feature of Moulüe, without parallel in Western praxis-oriented schools of thinking, is its Yin-Yang dimension. The two hemispheres of the Yin-Yang symbol, a white one and a black one, are inseparably interconnected. According to the Moulüe concept, the white hemisphere is the place of transparent, conventional, legal ways to solve problems, whereas the black hemisphere harbors hidden agendas, and unconventional, cunning methods to solve problems, with the 36 stratagems as a central component. A person with Moulüe competence who is confronted with a problem can switch from options for action in one hemisphere to options for action in the other according to the circumstances. This contribution shows how the realization of justice, and the spreading of truth, can be achieved based on Moulüe skill which enables the application of the 36 stratagems.","PeriodicalId":30534,"journal":{"name":"Laws","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2023-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44611417","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
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