IF 1.2

Laws Pub Date : 2023-01-30 DOI: 10.3390/laws12010015

Shahrul Mizan Ismail, Ali Ibrahim Alheji

{"title":"The Justice Against Sponsors of Terrorism Act (JASTA) from a Civil Procedure Perspective","authors":"Shahrul Mizan Ismail, Ali Ibrahim Alheji","doi":"10.3390/laws12010015","DOIUrl":"https://doi.org/10.3390/laws12010015","url":null,"abstract":"Terrorism is a global threat that has caused immense suffering and loss of life. The United States’ Justice Against Sponsors of Terrorism Act (JASTA) is an important piece of legislation that allows victims of terrorism to hold foreign entities accountable for their actions. However, there is a need to evaluate the act from the perspective of Civil Procedure to determine its effectiveness in providing remedies for victims and addressing the challenges of holding foreign entities accountable. This paper’s analysis is based on the JASTA, for the evaluation of its position and application from a pre-litigation of Civil Procedure perspective. The two most significant parts of Civil Procedure in the segments of preliminary issues including Parties to the Suit and Cause of Action are examined to determine their susceptibility to being exploited in the process of executing the intention and purpose of the act concerning foreign entities, as highlighted in JASTA. Preliminary aspects must be considered before initiating a civil suit based on JASTA. This analysis is important in understanding the strength and weaknesses of JASTA in the civil suit and it involves a qualitative method of research. For the most part, the research methodology adopted will be pure legal research. Since the research will focus on JASTA, the regular method of analysis adopted is by referring to the sources and data discussing JASTA and procedural law. The findings of this work could be used to establish better laws from JASTA and provide the opportunity for the citizens who are victims to bring legal action against foreign states that are also responsible for their loss and suffering. Moreover, other countries faced with litigation initiated under JASTA could also benefit from the findings as they could be used in establishing better laws for countries that had also suffered greatly due to actions resulting from terrorism or the war against terrorism. Future research related to this topic is also recommended in this analysis.","PeriodicalId":30534,"journal":{"name":"Laws","volume":" ","pages":""},"PeriodicalIF":1.2,"publicationDate":"2023-01-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43916052","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

Regulation of Interaction between Hunters and Land Users: A Comparative Legal Study 猎人与土地使用者互动规则的比较法律研究

IF 1.2

Laws Pub Date : 2023-01-30 DOI: 10.3390/laws12010014

N. Lisina, Aleksandra Ushakova, S. Ivanova, A. Prosekov

{"title":"Regulation of Interaction between Hunters and Land Users: A Comparative Legal Study","authors":"N. Lisina, Aleksandra Ushakova, S. Ivanova, A. Prosekov","doi":"10.3390/laws12010014","DOIUrl":"https://doi.org/10.3390/laws12010014","url":null,"abstract":"Hunting is a complex type of nature management. In its process, objects of the animal world and the earth are used. Obviously, the relationship between hunters and other land users should be clearly regulated by legislation. The purpose of this work was to identify common and specific problems for different systems of interaction between hunters and land owners and to assess the possibility of spreading the existing experience of solving problems faced by the hunting sector to different countries. Three main models of the relationship between hunters and land users (direct interaction, cooperation, and division of rights) are considered. Each of the models performs its tasks and has its own degree of efficiency. The interaction organization model adopted in a country depends on the specifics of the conditions in which the hunting farm develops including economic, property, legal, social, and state aspects. It is established that the availability of hunting is best ensured within the framework of the cooperation model, the observation of the rights of owners—within the direct interaction model, the convenience of management within large territories of wild animal habitats—within the division of rights model. At the same time, it is incorrect to single out the best model by all criteria or to designate a model that is universally suitable for different conditions. In the hunting farms of Russia, the described problems of interactions are not related to the potential of the division of rights model as such, but to a lack of understanding that this particular model requires increased attention of the state. The proposals aimed at improving the practice of developing and applying models of relationships between hunters and land users are represented.","PeriodicalId":30534,"journal":{"name":"Laws","volume":" ","pages":""},"PeriodicalIF":1.2,"publicationDate":"2023-01-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47492003","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

Regulation of Incentives for Use of Renewable Energy at the Level of Regional Legislation in Federal States, Using the Russian Federation as an Example 以俄罗斯联邦为例，在联邦国家的区域立法层面上对使用可再生能源的激励措施进行监管

IF 1.2

Laws Pub Date : 2023-01-25 DOI: 10.3390/laws12010013

A. Kirichenko, K. Kirichenko, E. Kirichenko

{"title":"Regulation of Incentives for Use of Renewable Energy at the Level of Regional Legislation in Federal States, Using the Russian Federation as an Example","authors":"A. Kirichenko, K. Kirichenko, E. Kirichenko","doi":"10.3390/laws12010013","DOIUrl":"https://doi.org/10.3390/laws12010013","url":null,"abstract":"Effective use of renewable energy requires a system of energy legislation that meets modern challenges. Although, in large countries, climate and socioeconomic factors in different regions can significantly vary and can affect the regional legislation regulating renewable energy sources, careful reproduction of good practices and successful experiences of other regions are a good basis for the development of legislation. The comparative method of legal research was the main method used to achieve the objectives set in this study. Based on the results, a number of recommendations were developed to consolidate and expand the powers of regional regulators in the field of renewable energy, to include an economic assessment of the effectiveness of state programs, to use tax incentives for renewable energy projects, and to introduce restrictions on the use of petroleum products. Recommendations were also made to improve regional legislation on renewable energy sources in terms of legal techniques. Further development of this study would contribute to the improvement of regional legal regulation and would accelerate the transition to “green” energy.","PeriodicalId":30534,"journal":{"name":"Laws","volume":" ","pages":""},"PeriodicalIF":1.2,"publicationDate":"2023-01-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45256020","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 Separate Opinions of a Justice of a Constitutional Court: A Case of Lithuania 宪法法院法官的不同意见：以立陶宛为例

IF 1.2

Laws Pub Date : 2023-01-18 DOI: 10.3390/laws12010011

Dovilė Pūraitė-Andrikienė

{"title":"The Separate Opinions of a Justice of a Constitutional Court: A Case of Lithuania","authors":"Dovilė Pūraitė-Andrikienė","doi":"10.3390/laws12010011","DOIUrl":"https://doi.org/10.3390/laws12010011","url":null,"abstract":"Although allowing justices of constitutional courts to publish their separate opinions has become a clear trend in Europe, until an amendment to the Law on the Constitutional Court in 2008, the justices of the Constitutional Court of the Republic of Lithuania did not have this possibility. However, after the introduction of this institution in Lithuania, criticism was voiced by the public regarding its legal regulation. Therefore, this article examines the legal regulation governing the institution of a separate opinion of a justice of the Constitutional Court, as well as the use of this institution in Lithuania. The article seeks to reveal the shortcomings of this regulation, as well as to provide proposals for its improvement. The issues in question are examined in the context of the legal framework governing the institution of a separate opinion in other European Union countries (with a particular focus on Eastern and Central European countries). In order to provide a basis for this research, the article also examines the institution of a separate opinion in the context of the principle of the secrecy of the deliberation room and the secrecy of voting results in the decision-making process of constitutional justice institutions.","PeriodicalId":30534,"journal":{"name":"Laws","volume":" ","pages":""},"PeriodicalIF":1.2,"publicationDate":"2023-01-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48752183","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

Acknowledgment to the Reviewers of Laws in 2022 对2022年法律评审员的认可

IF 1.2

Laws Pub Date : 2023-01-18 DOI: 10.3390/laws12010012

引用次数: 0

Children’s Developmental (Im)maturity: Aligning Conflicting Decisional Capacity Assessment Approaches in Australia 儿童发展（Im）成熟度：调整澳大利亚相互冲突的决策能力评估方法

IF 1.2

Laws Pub Date : 2023-01-13 DOI: 10.3390/laws12010010

Dominique Moritz

引用次数: 2

Claiming Justice: An Analysis of Child Sexual Abuse Complainants’ Justice Goals Reported during Investigative Interviews 正义诉求：儿童性虐待申诉人在调查性访谈中的正义目标分析

IF 1.2

Laws Pub Date : 2023-01-12 DOI: 10.3390/laws12010009

R. Holder, Dirkje Gerryts, Francisco Garcia, Martine B. Powell

引用次数: 1

Design of Equity Crowdfunding in the Digital Age 数字时代股权众筹的设计

IF 1.2

Laws Pub Date : 2023-01-11 DOI: 10.3390/laws12010008

B. Riswandi, Abdurrahman Alfaqiih, Lucky Suryo Wicaksono

引用次数: 1

Pediatric Perspectives and Tools for Attorneys Representing Immigrant Children: Conducting Trauma-Informed Interviews of Children from Mexico and Central America 代表移民儿童的律师的儿科观点和工具:对来自墨西哥和中美洲的儿童进行创伤知情访谈

IF 1.2

Laws Pub Date : 2023-01-09 DOI: 10.3390/laws12010007

Ryan B. Matlow, A. Shapiro, N. Wang

{"title":"Pediatric Perspectives and Tools for Attorneys Representing Immigrant Children: Conducting Trauma-Informed Interviews of Children from Mexico and Central America","authors":"Ryan B. Matlow, A. Shapiro, N. Wang","doi":"10.3390/laws12010007","DOIUrl":"https://doi.org/10.3390/laws12010007","url":null,"abstract":"Pediatric health and mental health professionals with expertise in the physical and emotional needs of immigrant children seeking humanitarian protection are trained to understand and address the sometimes deeply traumatic nature of their experience. This expertise plays an important role in collaborating with immigration attorneys to provide compassionate, trauma-informed representation that centers on children’s best interests. In medicine, we say that “children are not small adults,” such that meeting a child’s needs requires consideration of their developmental stage and the unique impacts of child trauma exposure. This also holds true for legal professionals dedicated to protecting the rights of children in migration. This article aims to (1) review the principles of trauma-informed care in the context of child development, (2) understand the traumatic nature of the migration paradigm for children from Mexico and Central America seeking safety and protection, and (3) suggest ways that healthcare, mental health and legal professionals can inform one another’s efforts to optimize the wellbeing of children and improve legal outcomes. The application of this knowledge in practice can advance legal goals, reduce risk for child re-traumatization during interviews, and reinforce child strengths while also reducing vicarious trauma and burnout for legal professionals.","PeriodicalId":30534,"journal":{"name":"Laws","volume":"1 1","pages":""},"PeriodicalIF":1.2,"publicationDate":"2023-01-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41375607","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

Democracy, Capacity, and the Implementation of Laws Protecting Human Rights 民主、能力和保护人权法律的实施

IF 1.2

Laws Pub Date : 2023-01-06 DOI: 10.3390/laws12010006

David Cingranelli, Skip Mark, Almira Sadykova-DuMond

{"title":"Democracy, Capacity, and the Implementation of Laws Protecting Human Rights","authors":"David Cingranelli, Skip Mark, Almira Sadykova-DuMond","doi":"10.3390/laws12010006","DOIUrl":"https://doi.org/10.3390/laws12010006","url":null,"abstract":"We analyze the cross-national and cross-temporal variation in the presence or absence of domestic compliance gaps for three different human rights: the right to a fair trial, children’s rights, and the right of workers to form unions. Besides constitutional provisions, which have been the focus of previous research on the de jure-de facto compliance gap, statutes, executive actions, and judicial decisions all can contain promises by domestic politicians to protect human rights. Our indicator of whether legal protection exists and how strong it is reflects the many ways states make human rights legal commitments to their citizens. Our findings show that (a) the probability of promise-keeping and the effects of combinations of accountability and capacity are different for each right; (b) strong laws are a necessary but not sufficient condition for effective protection of rights; (c) treaty participation does not affect the probability of promise-keeping for any right; (d) promise-keeping for one right predicted promise-keeping for other rights. For all rights, the number of countries with gaps grew between 1994 and 2008 and then declined between 2008 and 2019. An important inference from our findings is that international treaties may only be effective when ratifiers are willing to change their domestic laws to be consistent with international norms. One counterintuitive policy implication of our findings is that democratizing low-capacity authoritarian states may lead to more violations of some human rights.","PeriodicalId":30534,"journal":{"name":"Laws","volume":" ","pages":""},"PeriodicalIF":1.2,"publicationDate":"2023-01-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48320278","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

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