Studies in Law and Justice最新文献

Practical Law Regulatory Thoughts on Cross-Domain Trademark Rights Conflict on the Internet 关于互联网跨域商标权冲突的实用法律监管思考

Studies in Law and Justice Pub Date : 2024-03-01 DOI: 10.56397/slj.2024.03.03

Kaige Zheng

引用次数: 0

Theoretical Connotation and Mechanism Construction of Digital Justice 数字正义的理论内涵与机制构建

Studies in Law and Justice Pub Date : 2024-03-01 DOI: 10.56397/slj.2024.03.01

Hui Ding

引用次数: 0

An Assessment of Jurisdictional Boundaries in Title VII Cases: Unraveling Workplace Discrimination Claims 对《第七章》案件管辖范围的评估：揭开工作场所歧视索赔的神秘面纱

Studies in Law and Justice Pub Date : 2024-03-01 DOI: 10.56397/slj.2024.03.02

Melita Noemi Odell

引用次数: 0

Issues and Challenges of Women’s Rights 妇女权利的问题与挑战

Studies in Law and Justice Pub Date : 2024-03-01 DOI: 10.56397/slj.2024.03.04

Vinod Kumar

引用次数: 0

Comments on Speech by the Attorney General of UK on International Law in Cyberspace 就英国总检察长关于网络空间国际法的演讲发表评论

Studies in Law and Justice Pub Date : 2023-12-01 DOI: 10.56397/slj.2023.12.06

Jiarong Fu

{"title":"Comments on Speech by the Attorney General of UK on International Law in Cyberspace","authors":"Jiarong Fu","doi":"10.56397/slj.2023.12.06","DOIUrl":"https://doi.org/10.56397/slj.2023.12.06","url":null,"abstract":"In a significant address delivered at the Chatham House, the Attorney General, the Rt Hon Suella Braverman QC MP outlined the United Kingdom’s position on international law’s application in cyberspace. This speech marks a pivotal statement on a crucial topic, following a similar speech by her predecessor in 2018. The speech comprises six sections, with a focus on the core non-intervention principle, its application to key sectors, and avenues for response. Braverman’s stance on this principle is heavily intertwined with the UK’s denial of sovereignty’s obligatory nature in cyberspace, which distinguishes it from the majority of countries advocating for sovereignty-based obligations. While emphasizing the importance of the non-intervention principle, the UK offers a broader interpretation of the “coercion” element, which may inadvertently complicate the distinction between sovereignty and non-intervention principles. Braverman provides illustrative examples of potential non-intervention principle violations in critical sectors, facilitating discussions for more specific guidance. Notably, the speech suggests a leaning toward collective countermeasures without explicitly endorsing their legality, further adding to the international discourse’s complexity. Collective countermeasures remain a contentious topic, with various nations holding contrasting positions. In conclusion, the UK’s proactive approach to shaping international norms in cyberspace offers valuable insights for other nations. While the UK’s stance warrants careful consideration, nations like China must actively engage in research, promote their positions, foster international cooperation, and navigate the evolving landscape of international law in cyberspace. This evolving discourse is crucial for establishing an equitable and secure global digital environment.","PeriodicalId":377631,"journal":{"name":"Studies in Law and Justice","volume":" 19","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138613615","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

Examining the Role of Criminal Law in Combating Economic Crimes: A Comparative Analysis of Anti-Corruption Measures 审查刑法在打击经济犯罪中的作用：反腐败措施比较分析

Studies in Law and Justice Pub Date : 2023-12-01 DOI: 10.56397/slj.2023.12.05

Arisha Rafail

引用次数: 0

Cyber Borderlines: Exploring the Interplay Between E-Commerce and International Trade Law 网络边界线：探索电子商务与国际贸易法之间的相互作用

Studies in Law and Justice Pub Date : 2023-12-01 DOI: 10.56397/slj.2023.12.01

Rashaun Prasad

引用次数: 0

The Trend of Plastic Recycling Policies in Japan on the Current Legal Regulation of Transboundary Movements of Plastic Waste 日本塑料回收政策的发展趋势对当前塑料垃圾越境转移法律监管的影响

Studies in Law and Justice Pub Date : 2023-12-01 DOI: 10.56397/slj.2023.12.15

Yunhan Yang

{"title":"The Trend of Plastic Recycling Policies in Japan on the Current Legal Regulation of Transboundary Movements of Plastic Waste","authors":"Yunhan Yang","doi":"10.56397/slj.2023.12.15","DOIUrl":"https://doi.org/10.56397/slj.2023.12.15","url":null,"abstract":"Since China’s import ban on solid waste in 2017 and the entry into force of “Plastic Amendment” to the Basel Convention, global plastic waste trading has entered a new historical stage that transboundary movements of plastic waste is no longer regarded as a wise approach for many developed countries. Due to the fact that China, a traditional plastic-importing country, no longer accepts plastic waste after 2021, and the strict regulations on cross-border plastic transactions under the amendment to the Basel Convention, the circulation of plastic waste is increasingly restricted, making it imperative for the world to build a new plastic disposal system to deal with the immediate crisis. As a traditional plastic-export country in Asia, Japan faces domestic plastic overstocking crisis as well. However, as a well-known environmentally-friendly country, Japan’s new policies and legal perfection implemented thereafter have triggered concerns. Regulations through the whole process including production, use, recycling of plastic have clearly specified the responsibilities of main bodies, and the macro control of product production standards sets a unified supervision system at the national level. The valuable experience of this “Japanese Model” can provide some references for China’s future improvements of domestic plastic waste management.","PeriodicalId":377631,"journal":{"name":"Studies in Law and Justice","volume":"59 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139013805","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

Crimes Against Women in India 印度针对妇女的犯罪

Studies in Law and Justice Pub Date : 2023-12-01 DOI: 10.56397/slj.2023.12.13

Vinod Kumar

{"title":"Crimes Against Women in India","authors":"Vinod Kumar","doi":"10.56397/slj.2023.12.13","DOIUrl":"https://doi.org/10.56397/slj.2023.12.13","url":null,"abstract":"Crime against women arises as a direct result of violence against them. The issue of violence against women has been the most important issue of women’s movement in India since 1974-75. First it was the ever-increasing number of ‘dowry deaths’. Then, from 1980, different rape cases for grounded rape as a major issue. This was followed by the revival of the ancient custom of Sati. The limelight next shifted to female infanticide as well as female foeticide. There was the advent of ultra modern medical forms of violence against females through bio medical practices, such as amniocentesis. Domestic violence, sexual harassment at work Crimes against women, like all other acts of violence and crimes, have to be seen in the social, economic and political contexts of power relations. It occurs within class and caste because of patriarchal social relations under which male power dominates. A narrow view of crime and violence sees it merely an act of illegal, criminal use of physical force. But a broader view includes exploitation, discrimination, upholding of unequal economic and social structures, the creation of an atmosphere of terror, threat or reprisal and all forms of religio-cultural and political violence. This research paper will concern with the crimes identified in the Indian Penal Code (IPC) and also those which come under Special Law (SL).","PeriodicalId":377631,"journal":{"name":"Studies in Law and Justice","volume":"291 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139024964","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

Critically Analysing the Hype of Sandbox in the Context of Fintech 批判性分析金融科技背景下的沙盒炒作

Studies in Law and Justice Pub Date : 2023-12-01 DOI: 10.56397/slj.2023.12.03

Chenyu Xiao

{"title":"Critically Analysing the Hype of Sandbox in the Context of Fintech","authors":"Chenyu Xiao","doi":"10.56397/slj.2023.12.03","DOIUrl":"https://doi.org/10.56397/slj.2023.12.03","url":null,"abstract":"The UK’s financial market is under severe pressure as its proportion in the international financial market is steadily decreasing. Intending to alter this phenomenon and “encourage the development of its FinTech ecosystem,”[i] so that the UK can keep pace with global financial developments, “closing the gap which has opened up between the UK and other global centres,”[ii] the Financial Conduct Authority (FCA) proposed the regulatory sandbox in 2015, which is “an environment in which FinTech businesses can test innovative products, services, business models and delivery mechanisms that stem from engaging in regulated activities.”[iii] Due to its ability to encourage FinTech innovations in companies while preventing consumer disruption, “since its launch in 2016,”[iv] it has rapidly gained popularity and taken the world by storm. However, some have contended that such a hype of the regulatory sandbox contributes to the failure in seriously assessing the benefits and the potential downsides of the instrument. As a result, the regulatory sandbox has now become a controversial topic. Based on these controversies, this essay analyze the regulatory sandbox and the Hype surrounding it and take the stance that the hype about sandbox may not take into account the conditions under which it has been successful and exaggerates the advantages of sandbox, which is not conducive to an objective evaluation.","PeriodicalId":377631,"journal":{"name":"Studies in Law and Justice","volume":"113 38","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138609252","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