BRICS Law Journal最新文献

{"title":"The System of Indigenous Peoples’ Protection in BRICS States: An Overview of Legal and Litigation Support","authors":"Elena Gladun, Maksim Zadorin","doi":"10.21684/2412-2343-2023-10-4-121-141","DOIUrl":"https://doi.org/10.21684/2412-2343-2023-10-4-121-141","url":null,"abstract":"This article provides an overview of the international obligations of the BRICS member states related to the protection of indigenous peoples’ rights, as well as discusses the current trends in the ethno-national policies of those countries. The authors arrive at the conclusion that though the majority of the BRICS states are parties to the basic human rights agreements, there is no full-fledged agreement on the protection of indigenous peoples within the BRICS framework specifically addressing the rights of indigenous people, even though the countries collectively have aboriginal communities. One of the primary and major reasons why the BRICS countries are reluctant to assume obligations under the existing agreements compared to the Euro-Atlantic bloc of Western states is the motley ethno-cultural “palette” of these countries, which complicates public administration in this area of legal relations. Both India and China are state parties to the International Labor Organization Convention 107, which provides for “paternalism” and “integration” of the indigenous population without explicitly recognizing their “right to self-determination” and development within the framework of this right. The main problems associated with ethnopolitics in the BRICS countries are those pertaining to the provision of legal frameworks and litigation support to uphold the right to self-identification, protection of the native language and the preservation of traditional uses of natural resources.","PeriodicalId":41782,"journal":{"name":"BRICS Law Journal","volume":null,"pages":null},"PeriodicalIF":0.4,"publicationDate":"2023-12-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138595151","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":"Application of Blockchain in Corporate Governance: Adaptability, Challenges and Regulation in BRICS","authors":"Siddharth Kanojia","doi":"10.21684/2412-2343-2023-10-4-53-67","DOIUrl":"https://doi.org/10.21684/2412-2343-2023-10-4-53-67","url":null,"abstract":"The digital revolution has changed many facets of daily life over the past few decades. Think about how personal computers and smartphones are becoming more powerful and smaller, how the Internet has spread throughout the world and led to the emergence of new forms of social interaction, and how there is always access to massive volumes of automated algorithms processing cloud-based data that is utilised in a number of settings. Similarly, it has been observed that blockchain technology has the potential to provide clever fixes for traditional inefficiencies of corporate governance, particularly in the dynamically evolving paradigm in the emerging economics like BRICS nations i.e., Brazil, Russia, India, China, and South Africa. This paper aims to explore the possibilities of adopting blockchain technology within the arrays of internal governance mechanisms while emphasizing on the redressal to legal and regulatory challenges. The paper also critically analyzes the implication and utility of this evolved technology in the corporate governance systems of BRICS nations.","PeriodicalId":41782,"journal":{"name":"BRICS Law Journal","volume":null,"pages":null},"PeriodicalIF":0.4,"publicationDate":"2023-12-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138597341","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":"Countering Cyberattacks on the Energy Sector in the Russian Federation and the USA","authors":"V. Shestak, A. Tsyplakova","doi":"10.21684/2412-2343-2023-10-4-35-52","DOIUrl":"https://doi.org/10.21684/2412-2343-2023-10-4-35-52","url":null,"abstract":"The USA leads the way in the Global Cybersecurity Index, in particular 1st place in 2015, 2020 and 2nd in 2017, 2018. Researchers are interested in examining their prevention of cyberattacks as one of the main cybersecurity threats, since Russia takes only 5th place since 2020. Provided the authors underline neglecting the principle of organized response to crime, the paper examines the pros and cons of countering cyberattacks in the U.S. energy sector and compares it with the Russian Federation. The researchers have found the American strategy is based on standardization and various platforms on the grounds of so-called security in depth, while Russian approach is wider, but demands for more details and miscellaneous mechanisms to share experience. Comparing the cybersecurity plans and strategies for U.S. energy facilities, the authors note that the U.S. specialists neglect physical safety in comparison to Russia. The diversity of bodies with vague powers is a con of the American system that the Russian Federation is trying to avoid, but the interaction between government and private representatives is stronger in the United States of America.","PeriodicalId":41782,"journal":{"name":"BRICS Law Journal","volume":null,"pages":null},"PeriodicalIF":0.4,"publicationDate":"2023-12-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138597679","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 Comparative Study of Domestic Violence in BRICS Nations – Pre and Post COVID-19","authors":"Manika Singh, Meera Mathew","doi":"10.21684/2412-2343-2023-10-4-68-97","DOIUrl":"https://doi.org/10.21684/2412-2343-2023-10-4-68-97","url":null,"abstract":"The most common kind of sexual or physical abuse suffered by women is that by a partner. Human rights are violated when males or boys use violence against women or girls. When it comes to domestic abuse, it is estimated that one in three women will experience some kind of gender-based violence at some point in their lives. The number of women who have been abused by a romantic partner or a non-relationship sexual partner is estimated to reach 736 million. For years, the world’s leaders have recognised its seriousness. In 1995, the Beijing Declaration and Platform for Action said that violence against women must be eliminated. Within the “UN’s 2030 Agenda for Sustainable Development,” a worldwide goal to abolish “all kinds of violence against women and girls in public and private spaces” was added. Global action was called for in 2016 by the “World Health Assembly’s” Resolution 69.5, which urged a national multisector approach to combating violence against women and young girls. In spite of all of these responsibilities, 49 countries still don’t have a clear policy on domestic abuse. Lower and lower-middle-income women nations are particularly vulnerable to this violence, which has long-term effects on their health and well-being. In the world’s poorest nations, women aged 15 to 49 have a lifetime frequency of domestic abuse of 37 percent. One in every four women who have ever been in a relationship has been a victim of domestic abuse at some point in their lives.","PeriodicalId":41782,"journal":{"name":"BRICS Law Journal","volume":null,"pages":null},"PeriodicalIF":0.4,"publicationDate":"2023-12-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138596024","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":"Legal Status of Artificial Intelligence from Quantum-Theoretic Perspective","authors":"E. Melnikova, I. Surov","doi":"10.21684/2412-2343-2023-10-4-5-34","DOIUrl":"https://doi.org/10.21684/2412-2343-2023-10-4-5-34","url":null,"abstract":"Massive inclusion of artificial intelligence (AI) in the technosphere and electronic governments urges an update in legal regulation of these and related areas. The issue converges on the key question of whether AI can be endowed with legal personhood and capacity. Opposing views in this respect build on hardly compatible ethics and largely outdated scientific grounds with a clear perspective for deep cultural antagonisms and further fragmentation of the world. We contribute to this debate from the perspective of quantum cognitive science and show how it can resolve some of the current impasses. Our approach builds on the quantum-theoretic refinement of the concept of uncertainty into quantum and classical types: classical uncertainty denotes subjective ignorance of the present state of affairs, while quantum uncertainty accounts for individual freedom to construct the future. We show that legal capacity of intelligence, at bottom, is defined by the type of uncertainty it is capable to resolve. Natural intelligence, in particular, can resolve quantum uncertainties, generating genuine novelty and affective experience in the process. Classical AI, in contrast, is limited to algorithmic computation, bound to produce predefined results regardless of its complexity. Concepts of decision-making, subjectness, creativity, and personal meaning then are recognized as physically inapplicable to such systems. The proposed definitions of these terms complement and sharpen the criteria of legal capacity in the existing legislations, indicating that “autonomy” is essentially equivalent to “appreciation.” Classical AI then appears as fundamentally alien to subjectness and legal capacity both in civil and common laws, resolving a delicate contradiction between them. Quantum-empowered AI, in contrast, escapes this conclusion due to its access to quantum uncertainty, introducing novel challenges with respect to responsibility gaps and meaningful human control. The developed approach aligns with the present legal practice and ethical discourse, contributing to the scientifically informed development of law in technological societies.","PeriodicalId":41782,"journal":{"name":"BRICS Law Journal","volume":null,"pages":null},"PeriodicalIF":0.4,"publicationDate":"2023-12-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138595622","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 Study of the Availability and Demand of Digital Services for the Manifestation of Social and Political Activity by Citizens","authors":"E. Karagulyan, M. Batyreva","doi":"10.21684/2412-2343-2023-10-4-162-185","DOIUrl":"https://doi.org/10.21684/2412-2343-2023-10-4-162-185","url":null,"abstract":"In recent decades, scientists have been discussing ways of involving the population in social and political processes. Terms such as “civic participation,” “civic control,” “participation in the government of the power-poor,” etc. are widely used in scholarly discourse on this subject. The research related to social and political activities is conducted within various thematic areas based on “political participation theory” and “participatory democracy theory,” as well as on “theories of economic and digital inequalities.” According to the vast majority of scientists, increasing digitalization is known to expand the forms of participation and transform the public administration at all levels concerning joint governance and a citizen-centric approach, taking into consideration the opinion and active participation of citizens in the production and execution of policy decisions. This article presents the results of a study that investigated whether modern digital services allow citizens to participate in and influence the social and political processes taking place at various levels of government. In addition, the study demonstrates how modern digital technologies promote the maximum participation of the most socially vulnerable categories of the population, as well as how such factors as the level of digital competence, the level of income of the population, and the level of digitalization of territories limit this participation. In order to assess the modern digital forms and the use of these forms in a citizen’s interaction with the authorities, a survey of 1,200 residents of villages and towns located in the south Tyumen Region was conducted. The ways in which the residents living in the towns and villages of the Tyumen Region were able to express their civic positions were determined and the proportion of citizens using digital technologies was noted. The study also assessed the availability and demand for digital technologies by citizens to express their social and political activities, as well as the primary factors that limit their social and political participation. Moreover, this research showed that age, education, and digital competence and awareness were the main factors influencing a citizen’s propensity to use modern digital technologies for social and political activity. The hypothesis that the demand for digital services by citizens living in remote districts should be higher than that of urban residents was not confirmed. On the contrary, for a wide range of services, the assessments of demand and accessibility are higher among the residents of cities than among the residents of rural municipal districts, with the highest assessments coming from the residents of the regional capital. This fact is associated with a higher level of digital competence among citizens, a higher level of digitalization of the regional capital, as well as a higher level of income, which allows them to more actively master and use all these services. Addit","PeriodicalId":41782,"journal":{"name":"BRICS Law Journal","volume":null,"pages":null},"PeriodicalIF":0.4,"publicationDate":"2023-12-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138596681","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":"From the Old Financial to the New Commodity Economy in the Era of Stagflation","authors":"K. Molodyko","doi":"10.21684/2412-2343-2023-10-3-87-105","DOIUrl":"https://doi.org/10.21684/2412-2343-2023-10-3-87-105","url":null,"abstract":"In the process of reducing the speculative financial adjustment that artificially stimulates consumer demand in developed countries, the importance of suppliers of physical goods (commodities) from developing countries will increase. I don’t believe in a complete dictate of commodities producers because they are dependent on counter deliveries of technologies from developed countries. However, relationships will be built between holders of physical goods, and technologies will change significantly. The pricing function for commodities will be transferred to several exchanges of developing countries which will be controlled by the commodity producers. Food consumers from Asian and African developing countries will be provided with the BRICS assistance in the creation and protection of reserve food warehouses on their territory as well as supporting their key exports through the creation of a network of new commodity exchanges. The article substantiates the need for independent formation of regional prices by the BRICS countries for the primary goods of their exports on their exchanges. I propose various combinations among the founding countries for new commodity exchanges for mineral fertilizers, oil, diamonds, titanium, vanadium, palladium, wheat, and uranium. Trading on all these new commodity exchanges must take place entirely in the currencies of the engaged countries.","PeriodicalId":41782,"journal":{"name":"BRICS Law Journal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-10-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135969923","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":"Bilateral Relations Between the Russian Federation and the People’s Republic of China: Their Legal Evolution from the Second World War to the Special Military Operation","authors":"M. Mateykovich, A. Skorobogatko","doi":"10.21684/2412-2343-2023-10-3-49-64","DOIUrl":"https://doi.org/10.21684/2412-2343-2023-10-3-49-64","url":null,"abstract":"The relationship between the Russian Federation and the People’s Republic of China goes back more than seventy years and has undergone considerable changes over the decades. This article attempts to shed light on the evolution of the two countries’ bilateral relations over the decades, analyze the background and future of certain phenomena in those relations, such as the economic connections that exist in the Sino- Russian relations, and examine the strengthening of Moscow’s and Beijing’s ties in light of the Special Military Operation. Special attention is paid to the analysis of the treaties and agreements concluded between the two countries, with a particular focus on the documents of the post-Soviet period, while making extensive references to Russian judicial practice in the implementation of these treaties and agreements. By doing so, the article hopes to contribute to the understanding of two of the world’s most important countries’ relationship which has steadily been gaining importance on the international stage and is poised to bear strong influence on global politics in the 21 st century.","PeriodicalId":41782,"journal":{"name":"BRICS Law Journal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-10-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135969634","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":"Improving the Legislation on Public-Private Partnerships in Environmental Protection in the BRICS Countries","authors":"V. Kvanina, E. Kovalenko, G. Vypkhanova","doi":"10.21684/2412-2343-2023-10-3-106-121","DOIUrl":"https://doi.org/10.21684/2412-2343-2023-10-3-106-121","url":null,"abstract":"The Concept of Sustainable Development is one of the basic principles of the modern world. An increasing number of fields are coming under regulation governed by this concept. Recent updates to the environmental agenda have resulted in growing demands for increased environmental responsibility on the part of states and businesses. The global nature of environmental problems, their diversity and scale, and, at times, the irreversibility of the consequences of the negative environmental impact of the economy often provide for the consolidation of efforts by the state and business, particularly, through the implementation of public-private partnership (PPP) mechanisms. This article focuses on the pros and cons of legislation in the BRICS countries in the area of PPP practice in general and in environmental protection in particular. The data and PPP practices have been collected from the World Bank, UNCITRAL, and other official national sources related to PPP. An analysis of the legislation on PPPs in the BRICS countries indicates a lack of uniformity in the legal regulation of the relationships arising from this partnership, as well as a lack of specific legislation on PPPs specifically addressing environmental protection. The analysis shows that only those BRICS countries using the common law system (South Africa and India) have the instruments available to allow potential investors to fully assess the PPP model as it currently exists in a particular country. This practice developed as a result of a more flexible approach to the regulation of public relations. Undoubtedly, one of the many advantages of this approach is the ability to adjust the PPP system and model all of the known forms and types of PPPs in accordance with the specific needs of society and the state. The lack of flexibility, for example, of the Russian legislation on PPP regulation, has led to the limited forms or types and objects of PPPs, which is inconsistent with the modern needs of society and the state to achieve the UN Sustainable Development Goals.","PeriodicalId":41782,"journal":{"name":"BRICS Law Journal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-10-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135969466","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 Practice of Efficiency Defense in Antitrust Cases: A Comparison of BRICS and European Cases","authors":"E. P. Ribeiro, S. Golovanova","doi":"10.21684/2412-2343-2023-10-3-65-86","DOIUrl":"https://doi.org/10.21684/2412-2343-2023-10-3-65-86","url":null,"abstract":"In non-merger antitrust cases efficiencies should play a significant role when authorities decide on cases as many potentially anticompetitive practices may have pro-competition effects, according to economic theory. In many jurisdictions rule of reason or effect based legal standard is claimed to be the policy adopted according to the own authorities. For such legal standards, considering efficiencies is part of the standard analysis protocol. We review the practice of efficiency defense in antitrust cases in selected BRICS and European countries. The case study shows that efficiencies are considered in rulings less often than expected. Similar arguments are used across countries, suggesting a common underlying economic analysis across jurisdictions that may have different legal institutions. We have employed the cross-country comparison based on Brazil, Russia, India, and South Africa cases. We also summarize the main reasons for efficiencies analysis not to be able to reverse the concluded anticompetitive effect from a business practice.","PeriodicalId":41782,"journal":{"name":"BRICS Law Journal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-10-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135970095","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}