BRICS Law Journal最新文献_第8页

Battered Woman Syndrome: Prospect of Situating It Within Criminal Law in India 受虐妇女综合症：将其纳入印度刑法的前景

IF 0.4

BRICS Law Journal Pub Date : 2021-12-06 DOI: 10.21684/2412-2343-2021-8-4-103-135

A. Deb

{"title":"Battered Woman Syndrome: Prospect of Situating It Within Criminal Law in India","authors":"A. Deb","doi":"10.21684/2412-2343-2021-8-4-103-135","DOIUrl":"https://doi.org/10.21684/2412-2343-2021-8-4-103-135","url":null,"abstract":"In patriarchal cultures, like the one prevalent in India, rigid, polarised and hierarchical gender roles work to establish a strong normative relationship between gender and the treatment of offenders committing violent crimes such as homicide. While most of the common law countries have already undergone a social change towards making their criminal laws more gender-sensitive by accommodating the experiences of battered women, the situation in India is quite different. Indian courts have recognised Battered Woman Syndrome very recently in only three cases, much differently than courts in other jurisdictions. While in other countries, Battered Woman Syndrome has been adduced by the advocates of battered women to support defence pleas, Indian Courts have resorted to it only to explain the effects of a battering relationship. The fact that Battered Woman Syndrome has only been recognised in such a small number of cases and the lack of scholarship in this particular area clearly resonates the resistance of the Indian criminal law towards women’s accounts of their experiences. Drawing on the example of the three cases, the author makes an attempt to put forth feminist legal arguments and offer a fresh perspective on the possibility of using Battered Woman Syndrome as a defence to address the concerns of battered women who end the cycle of violence by ending the lives of the abuser in a “kill or be killed” situation. Since Battered Woman Syndrome as a subject has been extensively researched in other common law countries, the present study limits itself to the Indian jurisdiction only. This paper also challenges the effectiveness of the existing defences under the Indian Penal Code, 1860 in accommodating the cases of battered women, and highlights the need for the introduction of a new justificatory defence as a plausible solution.","PeriodicalId":41782,"journal":{"name":"BRICS Law Journal","volume":null,"pages":null},"PeriodicalIF":0.4,"publicationDate":"2021-12-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42760175","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: 3

Commercial Human Spaceﬂights: Legal Challenges for International Regulation 商业载人航天:国际规制的法律挑战

IF 0.4

BRICS Law Journal Pub Date : 2021-10-26 DOI: 10.21684/2412-2343-2021-8-3-172-223

V. Kumar, K. Raju, S. Subramanian

{"title":"Commercial Human Spaceﬂights: Legal Challenges for International Regulation","authors":"V. Kumar, K. Raju, S. Subramanian","doi":"10.21684/2412-2343-2021-8-3-172-223","DOIUrl":"https://doi.org/10.21684/2412-2343-2021-8-3-172-223","url":null,"abstract":"Commercial Human Spaceﬂight – a new addition to the commercial activities in outer space – is attracting the ultra-rich section of the society. It has enormous potential to accelerate the economic aspect of commercial spaceﬂight since with the development of reusable technologies it is expected to become cheaper. At the same time, it poses a severe threat in various ways to the status quo of the existing regime of space regulation. Taking humans to outer space as a passenger aﬀects the current social, psychological, political, and legal setup. The paper highlights the legal issues that are arising from commercial human spaceflights. Therefore, in section one, the article discusses applicable international law to this emerging activities. Part two details speciﬁcally on the international space law that is relevant to regulate these activities. After analyzing the existing international law on space activities in sections one and two, which are essential for the commercial human spaceﬂights, part three identiﬁes several legal challenges that are not suﬃciently addressed by the existing laws. Section four examines the role played by the regulatory organization to develop the space law, and the role of the International Civil Aviation Organisation (ICAO) has been discussed in detail. As the ICAO holds good experience in handling air transportation, many believe that the ICAO is naturally well placed to regulate commercial space transportation. This aspect has been elaborated in detail in this part. In the ﬁfth, i.e. the last section, the authors conclude by arguing to develop a new international convention to regulate it.","PeriodicalId":41782,"journal":{"name":"BRICS Law Journal","volume":null,"pages":null},"PeriodicalIF":0.4,"publicationDate":"2021-10-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45153177","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

Legal and Regulatory Reform of Value-Added Taxation in the People’s Republic of China and the Republic of India: Trends and Characteristics 中华人民共和国和印度共和国增值税法律法规改革:趋势与特点

IF 0.4

BRICS Law Journal Pub Date : 2021-10-26 DOI: 10.21684/2412-2343-2021-8-3-148-171

Dmitry G. Bachurin, Dmitry G. Bachurin

引用次数: 0

Bride Traﬃcking in India: Aspects, Causes and Potential Solutions 印度的新娘婚礼：各方面、原因和潜在解决方案

IF 0.4

BRICS Law Journal Pub Date : 2021-10-26 DOI: 10.21684/2412-2343-2021-8-3-67-92

N. K. Upadhyay

引用次数: 1

IV Siberian Legal Forum: State and Law in the Context of Global Constraints 四、西伯利亚法律论坛：全球制约下的国家与法律

IF 0.4

BRICS Law Journal Pub Date : 2021-10-26 DOI: 10.21684/2412-2343-2021-8-3-224-237

S. Racheva

引用次数: 0

Legal Deﬁnition of Irresistible Force in the Civil Law of Russia and China 俄罗斯和中国民法中不可抗拒力的法律界定

IF 0.4

BRICS Law Journal Pub Date : 2021-10-26 DOI: 10.21684/2412-2343-2021-8-3-93-120

S. Zimneva, T. Popova, H. Siao

{"title":"Legal Deﬁnition of Irresistible Force in the Civil Law of Russia and China","authors":"S. Zimneva, T. Popova, H. Siao","doi":"10.21684/2412-2343-2021-8-3-93-120","DOIUrl":"https://doi.org/10.21684/2412-2343-2021-8-3-93-120","url":null,"abstract":"The research focus is on concept of force majeure and irresistible force as a reason to release the parties from liability for failure to perform civil obligations. The authors examine theoretical concept and legal deﬁnition of “irresistible force” and its characteristics based on legislation, legal literature and judicial practice of the Russian Federation and the People’s Republic of China. Also, the authors analyze the civil law jurisdictions on irresistible force, relatively to its ambiguity and situation with the spread of the new coronavirus infection (COVID-19) and come to the conclusion that courts in each speciﬁc case should establish irresistible force circumstances. The work uses a linguistic (philological) method, in particular, the method of distributive analysis of the terms “irresistible force” and “force majeure.” The article shows that in modern Russian law the expression “irresistible force circumstances” has more eﬃcient terminological potential. The authors propose implementation of “irresistible force circumstances” concept in the Russian Civil Code, which would more accurately reﬂect the essence of this concept.","PeriodicalId":41782,"journal":{"name":"BRICS Law Journal","volume":null,"pages":null},"PeriodicalIF":0.4,"publicationDate":"2021-10-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47210699","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

Digital Platforms in China and Europe: Legal Challenges 中国和欧洲的数字平台:法律挑战

IF 0.4

BRICS Law Journal Pub Date : 2021-10-26 DOI: 10.21684/2412-2343-2021-8-3-121-147

Y. Kharitonova, L. Sannikova

{"title":"Digital Platforms in China and Europe: Legal Challenges","authors":"Y. Kharitonova, L. Sannikova","doi":"10.21684/2412-2343-2021-8-3-121-147","DOIUrl":"https://doi.org/10.21684/2412-2343-2021-8-3-121-147","url":null,"abstract":"The paper considers the processes of platformatization of the economy and public government, which have become the last decade’s primary trend. Analysis of the digital markets in Russia, China, and Europe proved the dominance of the digital platforms of large technology companies. According to the authors, the concentration of market power in digital platforms threatens a competitive environment in digital markets. In this regard, the demand for antitrust regulation of their activities is justiﬁed. Another legal challenge arises concerning the trend of creating public services on the digital platforms of large technology companies. The paper analyzes China’s experience in the platformatization of legal proceedings, where the process of establishing online courts is conducted in close cooperation with the leading digital platforms of the PRC. In contrast to China, in Russia, the main focus is on combining public services, and information systems of various departments within a single platform to provide public services, with large technology companies acting as operators. Therefore, the authors conclude that it is necessary to strengthen legal mechanisms to protect citizens’ rights and interests during the digitization of public services – primarily citizens’ rights to data protection. The problems revealed demonstrate the necessity of a balanced approach to the legal regulation of digital platforms. While it is important to stimulate their development, it is necessary to limit the opportunities for violating the rights and interests of other participants in the digital environment.","PeriodicalId":41782,"journal":{"name":"BRICS Law Journal","volume":null,"pages":null},"PeriodicalIF":0.4,"publicationDate":"2021-10-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45864104","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: 3

Multiparty Mediation as Solution for Urban Conﬂicts: A Case Analysis from Brazil 多方调解解决城市冲突:以巴西为例

IF 0.4

BRICS Law Journal Pub Date : 2021-10-26 DOI: 10.21684/2412-2343-2021-8-3-5-29

D. B. Ferreira, L. Severo

{"title":"Multiparty Mediation as Solution for Urban Conﬂicts: A Case Analysis from Brazil","authors":"D. B. Ferreira, L. Severo","doi":"10.21684/2412-2343-2021-8-3-5-29","DOIUrl":"https://doi.org/10.21684/2412-2343-2021-8-3-5-29","url":null,"abstract":"Social conﬂicts are becoming more complex every day and, therefore, the development of alternative forms of conﬂict resolution is necessary in view of the limited role of the Judiciary. With this, mediation gains more space in Brazil and in the world through the 2019 Singapore Convention on Mediation. Mediation is beneﬁcial in the urban context to stimulate the population’s participation and guarantee legitimacy at diﬀerent levels of power. It enables public and private convergences, better public interest comprehension about the best way of life in cities and enhanced democratic management due to better dialogue and cooperation with the public administration. Mediation focuses on the interventions’ reasons, the role of those involved in the process, welcoming the urban conﬂict with its peculiarities. It promotes the constitutional principles of democracy, paciﬁcation, solidarity, dignity, autonomy of will, speed and popular participation in the administration of Justice. However, in urban conﬂicts, which involve public administration and a multiplicity of parts, it is often necessary to apply collective or multiparty mediation. Thus, the article’s main objective is to address the eﬀectiveness of multiparty mediation as a solution to urban conﬂicts through the analysis of 5 (ﬁve) concrete cases mediated at the Judicial Dispute Resolution Centers – CEJUSC of the Rio Grande State Court of Justice of the South in Brazil. In the ﬁrst step, a theoretical-descriptive analysis of multiparty mediation in Brazil and the mediator’s role is carried out. In a second step, we will perform the analysis of practical cases to reach the appropriate conclusions.","PeriodicalId":41782,"journal":{"name":"BRICS Law Journal","volume":null,"pages":null},"PeriodicalIF":0.4,"publicationDate":"2021-10-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44757578","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

Constitutionalization of National Minority Rights in BRICS Countries (Brazil, India and Russia) 金砖国家(巴西、印度、俄罗斯)少数民族权利的法制化

IF 0.4

BRICS Law Journal Pub Date : 2021-10-26 DOI: 10.21684/2412-2343-2021-8-3-30-66

A. Kumar, V. Rudenko, N. Filippova

{"title":"Constitutionalization of National Minority Rights in BRICS Countries (Brazil, India and Russia)","authors":"A. Kumar, V. Rudenko, N. Filippova","doi":"10.21684/2412-2343-2021-8-3-30-66","DOIUrl":"https://doi.org/10.21684/2412-2343-2021-8-3-30-66","url":null,"abstract":"On the basis of comparative law, this paper analyzes the issues of national minorities in three BRICS member-states (Brazil, India and Russia), and considers the directions and trends of the constitutionalization of national minority rights in these states. The authors argue that the coordination of the interests of industrial companies, regional communities and national minorities, alongside the establishment of common standards between BRICS are vital in order to ensure the sustainable growth of the economies of its member-states. The main comparison criteria are as follows: the understanding of the term “national minority” in diﬀerent jurisdictions; the delimitation of powers of federative and regional authorities; a list of national minority rights; and instruments of representation and legal protection of national minorities. In regards to Brazil, this article focuses on the impact of the historic concept of racial democracy on contemporary policy on the issues of national minorities. For India the focus is on case law of the Supreme Court on minority issues, and for Russia the focus is on the protection of indigenous “small-numbered” peoples. The authors conclude that the direction of the constitutionalization of national minority rights diﬀers dramatically in Brazil, India and Russia. Therefore, it is necessary to provide a common understanding of the purpose of such constitutionalization, which is namely, to preserve the identity of such minorities in the process of their gradual involvement in modern economic structures and national processes.","PeriodicalId":41782,"journal":{"name":"BRICS Law Journal","volume":null,"pages":null},"PeriodicalIF":0.4,"publicationDate":"2021-10-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49111913","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

Renewable Energy in Russia: System Analysis of Barriers 俄罗斯可再生能源：壁垒的系统分析

IF 0.4

BRICS Law Journal Pub Date : 2021-07-25 DOI: 10.21684/2412-2343-2021-8-2-89-119

A. Ljovkina, M. Brody, E. Karagulyan, A. Zakharova, V. Ljovkin

{"title":"Renewable Energy in Russia: System Analysis of Barriers","authors":"A. Ljovkina, M. Brody, E. Karagulyan, A. Zakharova, V. Ljovkin","doi":"10.21684/2412-2343-2021-8-2-89-119","DOIUrl":"https://doi.org/10.21684/2412-2343-2021-8-2-89-119","url":null,"abstract":"Considering the current ecological situation in the modern world, the quality of life depends not so much on a stable energy supply as on an environmentally friendly way of producing and consuming energy, which has turned social and research attention to the opportunities of renewable energy systems (RES). In spite of the vital necessity of transitioning to environmentally friendly energy production, the implementation and development of renewable energy technologies face a range of barriers: socio-cultural, technological, economic, institutional and environmental. To overcome these barriers, the authors of this article use the systems approach to gain deeper understanding of RES interconnection and interdependence. They apply STEEP analysis for classification and qualitative analysis of RES development barriers in Russia. The article proposes the analytical methodology, which reveals system specifications of the national RES development barriers and predicts the chain reaction of overcoming particular barriers. Using this methodology, the authors identify the main socio-cultural roots of RES development barriers in Russia: state control of the development of the energy sector, the political stake in hydrocarbons and the lack of consistent policies on RES development. The authors’ suggested analysis methodology is appropriate for identifying the root problems in energy socio-economic systems and for effective decision-making process in the energy sector.","PeriodicalId":41782,"journal":{"name":"BRICS Law Journal","volume":null,"pages":null},"PeriodicalIF":0.4,"publicationDate":"2021-07-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48494311","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: 2