Academic literature on the topic 'Administrative and legal ground'
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Journal articles on the topic "Administrative and legal ground"
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Anisiforova, Maryam V. "The Development of the Scientific Ground for Administrative Law Encouragement." Administrative law and procedure 5 (May 13, 2021): 34–37. http://dx.doi.org/10.18572/2071-1166-2021-5-34-37.
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The article attempts to substantiate the scientific foundations of administrative and legal incentives as a method of public administration along with persuasion and coercion. Possible forms of expression of administrative and legal incentives in legislation, primarily the Code of Administrative Offenses of the Russian Federation, are considered
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Andreev, Denis. "Procedural Defects of Administrative Acts." Journal of Russian Law 4, no. 4 (April 11, 2016): 0. http://dx.doi.org/10.12737/18691.
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The article addresses the problem of procedural defectiveness of administrative acts, which has not yet been examined extensively in Russian legal literature. The article provides a definition of procedural defects of administrative acts and offers a brief comparative overview of the issue in legal systems of France, Germany, the UK, Bulgaria and Poland. The paper demonstrates historical development of the theme in the Russian legal doctrine while special attention is paid to the analysis of the current Russian law and application thereof. By a number of examples the author substantiates the thesis that contemporary administrative law of Russia contains sufficient ground for theoretical conceptualization of the notion of substantial procedural defects of administrative acts. The author puts forward a set of criteria for classification of procedural defects into substantial and non-substantial and argues that such differentiation constitutes a particular manifestation of general legal trends.
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MEL’NIKOVA, N. A., and N. V. KARULINA. "Features of Administrative-Legal Methods in the System of Methods of State Regulation." Ius Publicum et Privatum 3, no. 13 (September 9, 2021): 117–21. http://dx.doi.org/10.46741/2713-2811-2021-3-117-121.
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The article analyzes the system of methods of administrative and legal influence, identifies their essential features, which are determined by various criteria (implementation goals, scope of application (public administration), public relations (administrative and legal), subjects (authorized bodies and officials) and objects of influence (individuals, legal entities), types of administrative activities (administrative-managerial, administrative-jurisdictional and administrative-judicial)). We classify administrative methods on various grounds (scope of influence, orientation, form, content) and give a characteristic of the considered methods in the modern administrative legislation. We pay special attention to administrative and procedural methods, formulate possible ways of improving their legal regulation taking into account general trends in the development of the sphere of public administration in general and individual areas of administrative activity
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Hersant, Jeanne, and Cécile Vigour. "Judicial Politics on the Ground." Law & Social Inquiry 42, no. 02 (2017): 292–97. http://dx.doi.org/10.1111/lsi.12306.
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This symposium focuses on judicial politics at the micro level. Its aim is to shed light on justice in action, drawing on an ethnographic approach to explore the routine decision-making practices of judges and other legal actors, and to study their interactions with citizens and politicians. Each article is based on close observation of the interactions between legal professionals and administrative actors who are at the frontline in local and lower courts. By examining a variety of jurisdictions around the globe, the articles in this symposium offer fresh insight into “judicial politics on the ground.”
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Sherstoboev, O. N. "Nullity of Administrative Acts: Grounds, Legal Regime, Discretion." Siberian Law Review 18, no. 2 (October 20, 2021): 228–42. http://dx.doi.org/10.19073/2658-7602-2021-18-2-228-242.
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The issues of criteria for the nullity of administrative acts are considered, the ratio of an illegal and invalid act, as well as a null and void act, analyzed, the possibility of administrative discretion in determining an invalid administrative act is analyzed, the role of vague legal concepts when an administrative act is declared invalid is demonstrated. The Author uses a comparative legal method, including the analysis of the practice of Germany, Great Britain, South Africa, Canada, Japan, South Korea, Russia and other countries. Special attention is paid to the laws on administrative procedures adopted in the post-Soviet territory and the influence of the German doctrine on this process. It is concluded that for the continental legal order the most preferable way to formalize the criteria for the invalidity of an administrative act are laws on administrative procedures or their analogs, while in the common law states, legal doctrine and judicial practice are of great importance. At the same time, many countries avoid recognizing acts as null and void, preferring the construction of their voidability. This is related to ensuring the stability of public administration, the predictability of administrative activities, and the protection of legitimate expectations. In any case, the theory of the reality of the administrative act is prevailing, and nullity is rather viewed as an anomaly. Therefore, only acts that are adopted with the most significant violations, which do not allow talking about the fair consequences of their adoption, are considered invalid. The illegality of an act does not automatically entail its nullity. A similar trend can be traced in Russia, although individual norms of law and practice of courts indicate the possible formation of a doctrine of the invalidity of an administrative act in the Russian legal system. Insignificant acts do not give rise to consequences from the moment of their adoption, legally they do not exist, and nothing can generate anything. With this approach, the courts only fix the criterion of invalidity without a dispute about law. Insignificant acts should be distinguished from contested ones, the latter may turn out to be illegal, but for a number of reasons (for example, protection of trust) the fact of their existence is confirmed along with their consequences.
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Niemczycki, Dawid. "Interes prawny a proces kościelny. Glosa aprobująca do wyroku Naczelnego Sądu Administracyjnego z dnia 08 maja 2015 r., II OSK 2416/13." Ius Matrimoniale 31, no. 2 (December 15, 2020): 147–57. http://dx.doi.org/10.21697/im.2020.31.2.08.
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This gloss concerns the judgment of the Supreme Administrative Court of 8 May 2015, case II OSK 2416/13, in which the court stated that the legal interest conditioning the disclosure of personal data may be enjoyed not only in a trial before a secular court, but also in proceedings before ecclesiastical court.
The gloss layout includes the introduction, the thesis of the order, premises of the factual and legal status, arguments of the Supreme Administrative Court, evaluation of the judgment and the conclusion.
The author fully shares the justification of the judgment. Moreover, he points to the ground-breaking approach to the process of nullity of marriage before the ecclesiastical court, which is the basis for granting a legal interest in the procedure of disclosing personal data before a public administration body.
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Solovey, Yu P. "Ending the Discussion on the Understanding of the Administrative Process." Siberian Law Review 18, no. 3 (October 21, 2021): 359–78. http://dx.doi.org/10.19073/2658-7602-2021-18-3-359-378.
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A discussion that has been going on for decades in the Russian legal doctrine about the understanding of the administrative process, according to one of its most active participants, Professor Yu. N. Starilov – a supporter of the judicial interpretation of the administrative process, has lost its meaning today and only hinders the adoption of overdue legal decisions. From the point of view of the named specialist, the legislator must put an end to this discussion by forcing legal scholars and practitioners to use the “correct” terms. In this regard, as the purpose of the presented research the Author has chosen to clarify the issue of the existence of legal grounds for a clear and unambiguous understanding of the administrative process, to determine the content of this legal concept. The subject of the research is legal norms and judicial acts, which use “administrative-procedural” terminology. The hypothesis of the research is that at present there are necessary and sufficient legal grounds to complete the discussion in the legal doctrine on the understanding of the administrative process. To prove the hypothesis and formulate the conclusions of the study, dialectical, formal-logical, formal-legal, comparative legal methods of cognition, the method of interpreting law, and analysis of materials of judicial practice are used. The study makes it possible to conclude that the current domestic legislation provides for the necessary and sufficient legal basis for understanding the Russian administrative process as a legal concept, meaningfully consisting of three parts: a) administrative judicial proceedings; b) proceedings on cases of administrative offenses; c) administrative process (administrative procedures). Hence, the scientific discussion about the understanding of the Russian administrative process, first of all, about the content of this legal concept, should be considered complete in the Author’s opinion. As one of the results of the study, the Author also notes the dualistic nature of the administrative process, given to it by Russian legislation and expressed in the existence of administrative judicial proceedings (carried out by a court) and an administrative out-of-court process (carried out by the public administration). This circumstance must certainly be taken into account when developing future administrative procedural legislative decisions. At the same time, the doctrinal recognition of the status of administrative procedural for the relevant activities of the public administration, to a much greater extent than the qualification of such activities as administrative and procedural, advocated by the followers of the judicial concept of administrative process, will contribute to the implementation of the idea of protection in the federal law on administrative proceedings (administrative procedures) being drafted of human and civil rights in relations with public administration and, in general, ensuring an appropriate level of proceduralization of administrative activities that meets the standards of a legal state.
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Smokovych, M. "Observance of the rules of administrative jurisdiction as a constitutional guarantee of judicial protection." Uzhhorod National University Herald. Series: Law, no. 69 (April 15, 2022): 322–27. http://dx.doi.org/10.24144/2307-3322.2021.69.54.
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In the article, the author argues that the violation of the jurisdiction of the court can not be an insurmountable procedural barrier for the plaintiff in court proceedings related to the protection and restoration of his violated constitutional rights. This conclusion is based on the results of comparative legal analysis of the provisions of the CAS of Ukraine, the subject of legal regulation of which is to resolve the legal situation related to the legal fact of establishing the jurisdiction of a case of jurisdiction of the administrative court. The current CAS of Ukraine has regulate an exhaustive list of grounds for returning the statement of claim to the plaintiff, among which there is no such ground as «the case is not subject to this administrative court». It is stated that currently the CAS of Ukraine actually prohibits the administrative court from returning the statement of claim to the plaintiff if the court case is not within its jurisdiction. And rightly so. If the court establishes jurisdictional jurisdiction of a case to a certain administrative court, the plaintiff is not left alone with his case. The law require the administrative court to invite the plaintiff to take certain legally significant actions in order to provide real guarantees for the judicial protection of his rights and freedoms. This approach of the legislator is directly related to the need to ensure the optimal possibility of implementing the principles of legal certainty, access to justice, legality and the rule of law in general.
The article have done concludes that certain issues of judicial administrative proceedings, which are related to the jurisdiction of cases, need to be legally regulated in order to overcome some legal uncertainty that the plaintiff may face in the court of first instance.
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Tanchyk, Oleksandr. "Grounds for applying administrative sanctions to legal entities." Entrepreneurship, Economy and Law, no. 2 (2021): 125–32. http://dx.doi.org/10.32849/2663-5313/2021.2.23.
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Kuo, Ming-Sung. "FROM ADMINISTRATIVE LAW TO ADMINISTRATIVE LEGITIMATION? TRANSNATIONAL ADMINISTRATIVE LAW AND THE PROCESS OF EUROPEAN INTEGRATION." International and Comparative Law Quarterly 61, no. 4 (October 2012): 855–79. http://dx.doi.org/10.1017/s0020589312000437.
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AbstractGlobalization redefines the relationship between law and space, resulting in the emergence of transnational administrative law in a globalizing legal space. I aim to shed light on transnational administrative law by examining how administrative law relates to the process of European integration. I argue that the idea of administrative legitimation is at the core of this relationship. In the European Union, transnational administration grounds its legitimacy on the fulfilment of administrative law requirements. However, given that in the European Union, administrative legitimation is rooted in Europe's constitutional transformation, I caution against the projection of Europe's experience onto global governance.
Dissertations / Theses on the topic "Administrative and legal ground"
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Кононенко, С. В. "Адміністративно-правові засади адміністрування податків у сфері обігу підакцизних товарів." Thesis, НДІПП, 2021. https://openarchive.nure.ua/handle/document/18623.
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Дисертаційне дослідження присвячено визначенню адміністративно-правових засад адміністрування податків у сфері обігу підакцизних товарів, а також виробленню пропозицій щодо вдосконалення національного законодавства в цій сфері. Розкрито загальну сутність адміністрування податків у сфері обігу підакцизних податків, визначено мету, завдання, функції та принципи цієї діяльності. Схарактеризовано систему суб’єктів відносин у досліджуваній сфері, зокрема розмежовано суб’єкти адміністрування податків та платників податків. Встановлено об’єкт і предмет, форми, методи та процедури адміністрування податків у сфері обігу підакцизних товарів. Виокремлено низку актуальних проблем та окреслено перспективні напрями вдосконалення адміністративного законодавства, яке регламентує відповідне адміністрування податків. Зауважено, що вдосконалення адміністрування податків у сфері обігу підакцизних товарів повинно розпочинатися із запровадження засад публічного адміністрування в цій сфері, що має виражатись у зміні підходів до суб’єктів відповідної діяльності як до надавачів послуг платникам податків та має відображатися на законодавчому рівні у відповідних формулюваннях і способах взаємодії. The thesis focuses on defining the administrative and legal ground for tax administration in excisable goods circulation, as well as on developing proposals for improving national legislation in this sphere. The work reveals the general essence of tax administration in the sphere of excisable goods turnover, defines the goal, objectives, functions, and principles of this activity. The system of subjects of relations in the area under consideration is disclosed and characterized. The object and subject, forms, methods, and procedures for administering taxes in the sphere of excisable goods circulation have been established. A number of topical problems in the area under study are highlighted and promising directions for improving the administrative legislation governing the corresponding taxes administration are outlined. It was emphasized that the improvement of tax administration in the excisable goods circulation area should begin with the introduction of the public administration foundations in this area, which should be expressed in a change in approaches to the subjects of relevant activities as providers of services to taxpayers and should be reflected at the legislative level in the appropriate formulations and models of interaction.
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Cairampoma, Arroyo Alberto, and Vega Paul Villegas. "Legal regime ground water in Peru." THĒMIS-Revista de Derecho, 2017. http://repositorio.pucp.edu.pe/index/handle/123456789/108913.
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This article studies the legal regime of groundwater by analyzing the context of integrated water resources management and recognizing its definition and characteristics.Furthermore, it analyses the ownership of ground water, the planning regime applicable, the exploration and exploitation activities, their authorization certificates, the activity of supervision over them, and finally the article describes the special schemes for management and limitation recognized in Peruvian law.En el presente artículo se estudia el régimen jurídico de las aguas subterráneas, analizando el marco de la gestión integrada de recursos hídricos y reconociendo su definición y particularidades.Asimismo, se analiza la titularidad de las aguas subterráneas, el régimen de planificación aplicable, las actividades de exploración y explotación, sus títulos habilitantes, la actividad de supervisión que sobre ellas recae, para finalmente, dejar anotados los regímenes especiales de gestión y limitación reconocidos en el ordenamiento jurídico peruano.
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Vergara, Blanco Alejandro. "Administrative Law and legal method. The role of the legal doctrine." THĒMIS-Revista de Derecho, 2017. http://repositorio.pucp.edu.pe/index/handle/123456789/107340.
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Legal education is not a subject of much discussion; however, it is a fundamental matter in the formation of lawyers, and because of that, it is important for students and teachers. In the present article, the author concentrates on the instruction of Administrative Law, focusing on the role of the legal doctrine in this regard and concluding that the form and method of Administrative Law must be specific for this discipline.La enseñanza del Derecho es un tema sobre el cual no se debate mucho; sin embargo, es un asunto fundamental en la formación del abogado, por lo que es de importancia para alumnos y profesores. En el presente artículo, el autor se centra en la instrucción del Derecho Administrativo, enfocándose en el rol que tiene en ello la Doctrina y concluyendo que la forma y el método del Derecho Administrativo deben ser propios de esa disciplina.
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Музикант, Катерина Анатоліївна, Екатерина Анатольевна Музыкант, and Kateryna Anatoliivna Muzykant. "Administrative and legal status of juveniles in Ukraine." Thesis, Сумський державний університет, 2013. http://essuir.sumdu.edu.ua/handle/123456789/33560.
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At this stage of independent Ukraine raises the problem of protecting rights and interests of humans and citizens. The link between human rights and law can be described through the concept of legal status. The implementation of the rights and freedoms enshrined in the Constitution of Ukraine [1] and other regulations of our country. And according to the Law of Ukraine "About Citizenship" dated 18.01.2001, this citizenship is a permanent legal relationship of a man and the state, which is expressed in the mutual rights and obligations.
When you are citing the document, use the following link http://essuir.sumdu.edu.ua/handle/123456789/33560
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Acar, Ozler Ozgul. "Production Of Urban Space In The Southwestern Periphery Of Ankara." Phd thesis, METU, 2012. http://etd.lib.metu.edu.tr/upload/12615305/index.pdf.
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The aim of this thesis is to explain the production of urban space at the southwestern periphery of Ankara between 1985 and 2007. It has been argued that urban development is not a self-regulatory processon contrary it is a process produced by urban planning practice. In this respect this thesis asks how and what extent urban planning produces particular urban pattern at the peripheral areas. The southwestern periphery is taken into account as a field of case study due to the peculiar development dynamics. Historical development in this area reveals a contrast between planned development directed by master plans and problematic development that has been produced by fragmented and incoherent planning processes. The difficulties of urban plans and urban planning are intimately related with the legal and administrative structures of the planning system. A methodology offered in this thesis is devised to analyze the incremental and piecemeal nature of planning process with reference to these structures. The results of the research has shown that when confronted with legal and administrative conflicts and struggles, fragmented planning decisions manipulating the existing master plan intensify and become the root cause of dispersed, awkward and haphazard spatial patterns of urban expansion.
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Cairampoma, Arroyo Alberto. "The regulation of administrative procedents in the peruvian legal system." Pontificia Universidad Católica del Perú, 2014. http://repositorio.pucp.edu.pe/index/handle/123456789/115661.
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The importance of providing equal treatment to citizens, and of the predictability of public administration in resolving their disputes or requests is undeniable. In this context, the administrative precedent is an important tool to achieve the aforementioned objectives, allowing the performance of Public Administrations to provide legal certainty and avoid arbitrary situations.Resulta innegable la importancia del trato igualitario que debe ser brindado a los ciudadanos y la predictibilidad de la Administración Pública al resolver sus controversias o solicitudes. En el referido contexto, el precedente administrativo resulta una herramienta importante para la consecución de los referidos fines, permitiendo que la actuación de las Administraciones Públicas brinde seguridad jurídica y se eviten situaciones de arbitrariedad.
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Adler, Michael. "Treating people fairly : a socio-legal approach to administrative justice." Thesis, University of Edinburgh, 2002. http://hdl.handle.net/1842/26324.
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This thesis consists of a critical review of a portfolio of eight journal articles and book chapters on normative aspects of decision making in education and social security (Chapter 1); an overview of the most important research on procedural fairness and administrative justice that I have undertaken (Chapter 2); and the portfolio of papers referred to above (Chapters 3-10). Chapter 2 develops a socio-legal approach to procedural fairness, which sees it in terms of the ‘trade-offs’ that are made between a number of competing conceptions of administrative justice, and illustrates its power by outlining empirical research on the computerisation of social security in the UK, discretionary decision-making in Scottish prisons, the assessment of special educational needs in Scotland and England, and the aims and consequences of computerisation of social security in 12 OECD countries. Chapters 3-5 are concerned with education and are based on a programme of research on the socio-legal and policy implications of parental choice legislation in Scotland which concluded that it had not produced an optimal balance between the rights of parents to choose schools for their own children and the duties of education authorities to promote the education of all children of school age. Chapter 3 outlines an alternative approach which takes choice seriously but avoids some of the adverse consequences of the existing legislation. Chapter 4 puts forward a set of institutional changes which would, it is argued, produce a better balance between the legitimate concerns of all the interested parties by involving teachers in the process of deciding which school would best facilitate a given child’s learning and thus promote that child’s interests. Chapter 5 provides some critical reflections on the programme of research, reviews subsequent policy developments, and considers how further research could respond to them. Chapters 6-10 are concerned with social security.
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Миронець, Оксана Миколаївна. "Problems to fight against administrative offences made by legal entities." Thesis, Проблемы борьбы с преступностью и подготовки кадров для правоохранительных органов: [матералы Международной научно-практической конференции, Минск, Академия МВД Республики Беларусь, 10 февраля 2017 р.]. – Минск, 2017, 2017. http://er.nau.edu.ua/handle/NAU/28583.
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Nasha, Refilwe M. "Criminalising Marital Rape in Botswana: The Need for Legal Reform." Master's thesis, Faculty of Law, 2020. https://hdl.handle.net/11427/31714.
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Marital rape is not a criminal offence in Botswana. This means therefore that, the law of Botswana recognises other forms of rape, except for marital rape. Marital rape is a form of intimate partner violence that the Convention on the Elimination of all Forms of violence Against Women refers to as domestic violence. Marital rape is also a form of gender based violence against women because it is a violence that is directed against women because they are women. Marital rape results in serious medical, emotional and mental harm. As a result, marital rape violates numerous human rights that range from the right not to be subjected to torture or to cruel, inhuman, or degrading treatment or punishment, the right to security and liberty of the person, as well as the right to health, just to mention a few. The human rights that are violated by marital rape are provided for under international human rights instruments that Botswana has ratified. Further, The Constitution of Botswana contains, in its Bill of Rights, a provision that guarantees every person in Botswana protection of the law regardless of sex. The biggest challenge for this dissertation is that there is no scientific evidence that serves as authority that marital rape does occur in Botswana. However, the findings of the studies conducted on gender based violence show there is a strong possibility of marital rape due to some cultural factors that give men sexual entitlement in a marriage. Further some women have come out to relate their rape ordeals at the hands of their husbands. With this dissertation, I seek to make a case for the criminalisation of marital rape. My argument in this dissertation is that, even without scientific evidence in the form of statistics, any form of violence against women is a violation of women human rights. As a result, it is necessary for Botswana to put measures in place, including criminalising marital rape, to protect married women’s human rights. Further, even though a sovereign state, Botswana has ratified international human rights instruments and is therefore bound by its international obligations to prevent, eradicate and punish any form of violence that violates human rights. Furthermore, other than what international law provide in regard to criminalisation of marital rape, marital rape needs to criminalised in order to provide effective protection and remedies for married women against marital rape.
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Gorbatko, Y. "Administrative and legal status of the student self-government in Ukraine." Thesis, Sumy State University, 2015. http://essuir.sumdu.edu.ua/handle/123456789/40404.
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Among the important areas of higher education reform in
Ukraine is the development of students‘ self-government. In terms of
the democratization of education, humanization of principles,
decentralization of higher education institutions, the synergy of all
participants in the educational process dealing with everyday issues
as well as strategic directions of separate educational institutions is
becoming vitally important. The initiative of the students makes
possible the resolution of priority issues, like: improving the quality
of education and preventing of corruption in the ranks of educational
institutions.
Books on the topic "Administrative and legal ground"
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Malsukhum, Voraphol. Legal Culture, Legality and the Determination of the Grounds of Judicial Review of Administrative Action in England and Australia. Singapore: Springer Singapore, 2021. http://dx.doi.org/10.1007/978-981-16-1267-1.
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Ethridge, Marcus E. The case for gridlock: Democracy, organized power, and the legal foundations of American government. Lanham, MD: Lexington Books, 2010.
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The case for gridlock: Democracy, organized power, and the legal foundations of American government. Lanham, MD: Lexington Books, 2010.
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Shorr, Arthur S. Hospital negligence: Legal and administrative issues. Eagan, MN: West, 2009.
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Ricchini, John A. Construction management: Legal and administrative aspects. Eau Claire, Wis. (P.O. Box 1208, Eau Claire 54701): Professional Education Systems, 1985.
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Management), Phoenix Training Center (United States Bureau of Land. Administrative and legal source materials workbook. Phoenix, Ariz: The Center, 1988.
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Administrative procedures for the legal professional. Clifton Park, NY: Thomson Delmar Learning, 2008.
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Swinton, Katherine. Legal institutions. [Toronto, Ont.]: Faculty of Law, University of Toronto, 1987.
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Swinton, Katherine. Legal institutions. [Toronto, Ont.]: Faculty of Law, University of Toronto, 1988.
Find full textBook chapters on the topic "Administrative and legal ground"
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Malsukhum, Voraphol. "Differences Between the English and Australian Legal Cultures." In Legal Culture, Legality and the Determination of the Grounds of Judicial Review of Administrative Action in England and Australia, 31–91. Singapore: Springer Singapore, 2021. http://dx.doi.org/10.1007/978-981-16-1267-1_2.
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Malsukhum, Voraphol. "Influence of the Legal Cultures on Jurisdictional Fact." In Legal Culture, Legality and the Determination of the Grounds of Judicial Review of Administrative Action in England and Australia, 141–74. Singapore: Springer Singapore, 2021. http://dx.doi.org/10.1007/978-981-16-1267-1_4.
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Malsukhum, Voraphol. "Influence of the Legal Cultures on Legitimate Expectations." In Legal Culture, Legality and the Determination of the Grounds of Judicial Review of Administrative Action in England and Australia, 215–47. Singapore: Springer Singapore, 2021. http://dx.doi.org/10.1007/978-981-16-1267-1_6.
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Malsukhum, Voraphol. "Influence of the Legal Cultures on the Grounds Relating to Substantive Exercise of Discretion." In Legal Culture, Legality and the Determination of the Grounds of Judicial Review of Administrative Action in England and Australia, 175–214. Singapore: Springer Singapore, 2021. http://dx.doi.org/10.1007/978-981-16-1267-1_5.
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Malsukhum, Voraphol. "Influence of the Legal Cultures on Error of Law and Jurisdictional Error." In Legal Culture, Legality and the Determination of the Grounds of Judicial Review of Administrative Action in England and Australia, 93–140. Singapore: Springer Singapore, 2021. http://dx.doi.org/10.1007/978-981-16-1267-1_3.
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Feng, Chuan, Leyton P. Nelson, and Thomas W. Simon. "Administrative Law." In China’s Changing Legal System, 159–63. New York: Palgrave Macmillan US, 2016. http://dx.doi.org/10.1057/9781137452061_9.
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Schofield, John, John Carman, and Paul Belford. "Legal and Administrative Frameworks." In Archaeological Practice in Great Britain, 83–114. New York, NY: Springer New York, 2011. http://dx.doi.org/10.1007/978-0-387-09453-3_4.
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Dreger, Kurt W. "Administrative Law." In The Legal Aspects of Industrial Hygiene and Safety, 41–50. Boca Raton: Taylor & Francis, 2018. |: CRC Press, 2018. http://dx.doi.org/10.1201/9780429023750-5.
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Vitale, Carmen. "The Protection of Cultural Heritage Between the EU Legal Order and the Global Legal Space." In Global Administrative Law and EU Administrative Law, 211–23. Berlin, Heidelberg: Springer Berlin Heidelberg, 2011. http://dx.doi.org/10.1007/978-3-642-20264-3_11.
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Malsukhum, Voraphol. "Comparing the Determination of the Grounds of Judicial Review in the Light of Deep-Water Legality and Legal Culture: A Navigating Framework." In Legal Culture, Legality and the Determination of the Grounds of Judicial Review of Administrative Action in England and Australia, 1–29. Singapore: Springer Singapore, 2021. http://dx.doi.org/10.1007/978-981-16-1267-1_1.
Full textConference papers on the topic "Administrative and legal ground"
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Gerasimenko, O. O. "Grounds of administrative liability for intellectual property offenses." In LEGAL SCIENCES: RESEARCH AND EUROPEAN INNOVATIONS. Baltija Publishing, 2021. http://dx.doi.org/10.30525/978-9934-26-074-2-30.
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Teplyakova, Anastasiya. "Screening of criminal, civil, administrative and legal definitions having psychological content." In Safety psychology and psychological safety: problems of interaction between theorists and practitioners. «Publishing company «World of science», LLC, 2020. http://dx.doi.org/10.15862/53mnnpk20-30.
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This article provides a primary analysis of groups of concepts (terms) in criminal law, civil law, and administrative law that have a psychological content. There were assigned concepts that have both legal and psychological status. Currently, in jurisprudence, it’s necessary to achieve exact correlation of concepts (terms) of various branches of law with their psychological content. This analysis will expand the possibilities of applying special psychological knowledge in the field of law and improve the psychological competence of lawyers.
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STAWICKI, Maciej, and Agnieszka WOJEWÓDZKA-WIEWIÓRSKA. "DEVELOPMENT OF AGRICULTURAL PRODUCER GROUPS IN POLAND – MAZOVIA CASE STUDY." In RURAL DEVELOPMENT. Aleksandras Stulginskis University, 2018. http://dx.doi.org/10.15544/rd.2017.157.
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The aim of the paper was to present the development of agricultural producer groups in Mazovia - region in Central Poland with capital of the Voivodeship in Warsaw. Data and literature analysis, interviews and descriptive methods were used. In the first part the authors present theoretical background of cooperation in agriculture based on social capital. The second part presents the main results of the research: the quantitative development of producer groups in the period 2007-2017, the structure of agricultural products produced by the groups and their legal forms. Currently most of groups operate as limited liability companies and co-operatives. Also the main benefits and barriers concerning creation and development of agricultural producer groups were identified. The main barriers were unwillingness to cooperate, mistrust, and high administrative and legal burdens. On the basis of the study – in order to help develop agricultural groups - it is recommended to strengthen social capital in the rural areas (especially important is overcoming mental barriers and development of trust), educate farmers (management, accounting, etc.) and promote good practice. The conclusions of the study may be applicable in countries where producer groups’ development is low (as Lithuania).
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Meikalisa, Arija, and Kristine Strada-Rozenberga. "Grounds for Compensation in Administrative Procedure for the Damages Caused in Criminal Proceedings – Some Relevant Aspects Observed in Latvia’s Laws and Case Law." In The 8th International Scientific Conference of the Faculty of Law of the University of Latvia. University of Latvia Press, 2022. http://dx.doi.org/10.22364/iscflul.8.2.22.
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The article is dedicated to the topic of compensation in administrative procedure for such damages that have been inflicted by unlawful or unjustified infringements on a person’s legal interests in the framework of criminal proceedings in Latvia. Acknowledging that this topic comprises numerous relevant and problematic aspects, this article focuses on those infringements in the case of which compensation for damages is due and on the preconditions for claiming it. The article presents the authors’ opinion on whether the regulation on this matter in Latvia is sufficiently clear, what the relevant issues are in the practice of applying law, and the proposals for improving the regulation and practice.
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Leonov, Denis. "ADMINISTRATIVE LEGAL DISDUTE IN THE ADMINISTRATIVE PROSEEDINGS." In Development of legal systems in Russia and foreign countries: problems of theory and practices. ru: Publishing Center RIOR, 2022. http://dx.doi.org/10.29039/02090-6-0-94-99.
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The article is devoted to the consideration of the problem of correlation between the concepts of "administrative-legal dispute" and "administrative proceedings". The author defends the position that an administrative-legal dispute is not an essential category for administrative proceedings.
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Hasanova, Aytakin. "PREDICTIVE GENETIC SCREENING." In The First International Scientific-Practical Conference- “Modern Tendencies of Dialogue in Multidenominational Society: philosophical, religious, legal view”. IRETC MTÜ, 2020. http://dx.doi.org/10.36962/mtdms202029.
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Human, as a species, is very variable, and his variability is at the basis of his social organization. This variability is maintained, in part, by the chance effects of gene assortment and the variation in these genes is the result of mutations in the past. If our remote ancestors had not mutated we would not he here; further, since no species is likely to he able to reduce its mutation rate substantially by the sort of selection to which it is exposed, we may regard mutations of recent origin as part of the price of having evolved. We are here: all of us have some imperfections we would wish not to have, and many of us are seriously incommoded by poor sight, hearing or thinking. Others among us suffer from some malformation due to faulty development. A few are formed lacking some essential substance necessary to metabolize a normal diet, to clot the blood, or to darken the back of the eye. We will all die and our deaths will normally be related to some variation in our immu-nological defences, in our ability to maintain our arteries free from occlusion, or in some other physiological aptitude. This massive variation, which is the consequence both of chance in the distribution of alleles and variety in the alleles themselves, imposes severe disabilities and handicaps on a substantial proportion of our population. The prospects of reducing this burden by artificial selection from counsel¬ling or selective feticide will be considered and some numerical estimates made of its efficiency and efficacy. Screening is a procedure by which populations are separated into groups, and is widely used for administrative and other purposes. At birth all babies are sexed and divided into two groups. Later the educable majority is selected from the ineducable minority; later still screening continues for both administrative and medical purposes. Any procedure by which populations are sifted into distinct groups is a form of screening, the word being derived from the coarse filter used to separate earth and stones. In medicine its essential features are that the population to be screen¬ed is not knowingly in need of medical attention and the action is taken on behalf of this population for its essential good. A simple example is provided by cervical smear examination, the necessary rationale for which must be the haimless and reliable detection of precancerous changes which can be prevented from becoming irreversible. Any rational decision on the development of such a service must be based on a balance of good and harm and any question of priorities in relation to other services must be based on costing. The balance of good and harm is a value judgement of some complexity. In the example of cervical smears anxiety and the consequences of the occasional removal of a healthy uterus must be weighed against the benefits of the complete removal of a cancerous one, and such matters cannot be costed in monetary terms. In fact, even such an apparently simple procedure as cervical screening is full of unknowns and many of these unknowns can only be resolved by extensive and properly designed studies. In genetic screening the matter is even more complicated, since the screening is often vicarious; that is, one person is screened in order to make a prediction on what may happen to someone else, usually their children, who may be un¬conceived or unborn. Further, the action of such screening may not be designed to ameliorate disease, but to eliminate a fetus which has a high chance of an affliction, or to prevent a marriage in which there is a mutual predisposition to producing abnormal children. These considerations impose very considerable dif¬ferences, since the relative values placed on marriage, on having children within marriage, and on inducing abortion, vary widely between individuals and between societies.
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Stankevicius, Evaldas, and Kristina Kundeliene. "Theoretical Approach to Taxpayers’ Segmentation." In Contemporary Issues in Business, Management and Education. Vilnius Gediminas Technical University, 2017. http://dx.doi.org/10.3846/cbme.2017.067.
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Current taxpayers’ segmentation is relatively limited and static. The existing segmentation problem, which is related to the taxpayers ‘behaviour, requires modern segmentation-analysis methods and models, which would evaluate the change of economic and psychographic taxpayers‘indicators. Purpose of the study: to provide conceptual taxpayers’ segmentation model, which allows to classify and analyse them according to the taxpayers’ behaviour and known legal facts. Research is based on analytical approach, there were invoked a systemic, logical and comparative analysis of scientific literature. Findings: the knowledge about the specific behaviour of the taxpayers‘ segment groups (tax compliance/ enforced tax obligations) would enable us to determine the main impacting factors. Better comprehension of the taxpayers‘ and their executives (decision-makers) behaviour would allow to enhance administrative institutions' abilities in analytics and to determine the unknown yet connections and phenomenons between separate taxpayers in the context of effectual law basis. Clearer taxpayers‘ identification by segment groups and behaviour risk factors, which are specific to separate groups, will enable faster determination of outliers as well as newly forming potential risks. Dynamic changes between separate groups or in them will form preconditions for timely implemention of taxpayers‘ monitoring and control tools for reaching a positive change in the behaviour of taxpayers.
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Meshkova, Irina, and Olga Sheremetieva. "INNOVATIONS IN TEACHING ADMINISTRATIVE LEGAL DOCUMENTS TRANSLATION." In International Conference on Education and New Learning Technologies. IATED, 2016. http://dx.doi.org/10.21125/edulearn.2016.2254.
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Zyryanov, Sergey. "Administrative liability as a separate legal liability." In VIII Annual scientific readings in memoriam of Professor S.N. Bratus. Infra-M Academic Publishing House, 2013. http://dx.doi.org/10.12737/1042.
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Dudina, N. A., N. A. Ermyakina, and T. V. Kupriyanchik. "INSTITUTE OF ADMINISTRATIVE OVERSIGHT: COMPARATIVE-LEGAL ASPECT." In Актуальные проблемы борьбы с преступностью: вопросы теории и практики. Сибирский юридический институт МВД России, 2017. http://dx.doi.org/10.51980/2017_1_149.
Full textReports on the topic "Administrative and legal ground"
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Goswami, Amlanjyoti, Deepika Jha, Kaye Lushington, Mukesh Yadav, Sahil Sasidharan, Sudeshna Mitra, and Tsomo Wangchuk. Land Records Modernisation in India – I. Indian Institute for Human Settlements, 2021. http://dx.doi.org/10.24943/9788195489398.
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During 2014–2015, a team of researchers conducted a series of primary and secondary studies on land record modernisation initiatives across Haryana, Himachal Pradesh, Bihar and Gujarat, which were published as part of a five-volume set on Land Records Modernisation in India. The second edition of these volumes incorporates new initiatives, technological updates and legislative amendments in each of these states, as well as the changes in the national level policy and programmes. Based on extensive on-ground research, this set of volumes presents a review of the land records management processes and the status of current efforts to modernise land records, against a larger historical background of land and revenue relations in each state. The volumes on the respective states are accompanied by an institutional, legal and policy review at the national level, which provides a summary of various crucial aspects of land records modernisation in India. It also appraises the impact of the Digital India Land Records Modernization Programme, its gains and limitations, as well as possible steps forward. Combining detailed state-level analysis with a national review, this is a much needed intervention in the study of land records administration and modernisation in India. This set of volumes would be a vital resource for researchers and practitioners alike, as well as for policymakers at both the state and central level.
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Zakharov, P. A. The concept of the activities of officials of border authorities in the conduct of an administrative investigation in cases of administrative offenses. DOI CODE, 2021. http://dx.doi.org/10.18411/2074-1944-2021-0468.
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. In this article, based on the analysis of the main elements of the activities of officials of border agencies in the conduct of administrative investigation in cases of administrative offenses, its general and specific characteristics are highlighted, which together allowed the author to propose a definition of the investigated type of activity. Not only the current legal regulation in the field of application of the administrative investigation specified in Article 28.7 of the Administrative Code, but also the inconsistency of the emerging scientific-categorical apparatus of the affected subject area are subjected to critical consideration.
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Kelly, Luke. Policy and Administrative Barriers to IDPs Accessing Basic Services. Institute of Development Studies (IDS), July 2021. http://dx.doi.org/10.19088/k4d.2021.112.
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Literature shows that IDPs struggle to access services, which has an impact on their ability to live healthy and fulfilling lives. In the field of health, IDPs frequently have worse outcomes than both host community and refugees. This rapid literature review finds evidence of a number of policy and administrative barriers to access of services for internally displaced persons (IDPs). IDPs remain citizens of the countries in which they are displaced, and the national authorities retain responsibility for meeting their basic rights. However, their displacement, loss of livelihoods and assets, lack of documentation, as well as discrimination against them, lack of protection under international law, lack of policy to address their needs, poor services and conflict or disaster conditions, can all make it more difficult for IDPs to access basic services than non-displaced citizens. There is relatively little literature systematically addressing the issue of administrative and policy barriers to service access among IDPs. Much of the literature discusses IDPs alongside refugees (who have a different legal status and access to different national and international support), or discusses the whole range of difficulties facing IDPs but does not focus on administrative or policy barriers. The literature frequently does not compare IDPs and other citizens and service users. Nevertheless, policy and administrative barriers are discussed, ranging from analysis of international instruments on IDPs to documentation procedures in particular countries. Much of the literature shows the prevalence of disease, lack of school attendance, limited provision of services etc. faced by IDPs, but does not discuss the policy and administrative barriers in detail.
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Pearce, Fred. Common Ground: Securing land rights and safeguarding the earth. Rights and Resources Initiative, March 2016. http://dx.doi.org/10.53892/homt4176.
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Up to 2.5 billion people depend on indigenous and community lands, which make up over 50 percent of the land on the planet; they legally own just one-fifth. The remaining land remains unprotected and vulnerable to land grabs from more powerful entities like governments and corporations. There is growing evidence of the vital role played by full legal ownership of land by indigenous peoples and local communities in preserving cultural diversity and in combating poverty and hunger, political instability and climate change. The importance of protecting and expanding indigenous and community ownership of land has been a key element in the negotiations of the Sustainable Development Goals and the Paris Agreement on climate change, and is central to their successful implementation. This report launches a Global Call to Action on Indigenous and Community Land Rights, backed by more than 300 organizations all over the world. It is a manifesto of solidarity with the ongoing struggles of indigenous peoples and local communities seeking to secure their land rights once and for all.
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Lewis, Dustin, and Naz Modirzadeh. Taking into Account the Potential Effects of Counterterrorism Measures on Humanitarian and Medical Activities: Elements of an Analytical Framework for States Grounded in Respect for International Law. Harvard Law School Program on International Law and Armed Conflict, May 2021. http://dx.doi.org/10.54813/qbot8406.
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For at least a decade, States, humanitarian bodies, and civil-society actors have raised concerns about how certain counterterrorism measures can prevent or impede humanitarian and medical activities in armed conflicts. In 2019, the issue drew the attention of the world’s preeminent body charged with maintaining or restoring international peace and security: the United Nations Security Council. In two resolutions — Resolution 2462 (2019) and Resolution 2482 (2019) — adopted that year, the Security Council urged States to take into account the potential effects of certain counterterrorism measures on exclusively humanitarian activities, including medical activities, that are carried out by impartial humanitarian actors in a manner consistent with international humanitarian law (IHL). By implicitly recognizing that measures adopted to achieve one policy objective (countering terrorism) can impair or prevent another policy objective (safeguarding humanitarian and medical activities), the Security Council elevated taking into account the potential effects of certain counterterrorism measures on exclusively humanitarian activities to an issue implicating international peace and security. In this legal briefing, we aim to support the development of an analytical framework through which a State may seek to devise and administer a system to take into account the potential effects of counterterrorism measures on humanitarian and medical activities. Our primary intended audience includes the people involved in creating or administering a “take into account” system and in developing relevant laws and policies. Our analysis zooms in on Resolution 2462 (2019) and Resolution 2482 (2019) and focuses on grounding the framework in respect for international law, notably the U.N. Charter and IHL. In section 1, we introduce the impetus, objectives, and structure of the briefing. In our view, a thorough legal analysis of the relevant resolutions in their wider context is a crucial element to laying the conditions conducive to the development and administration of an effective “take into account” system. Further, the stakes and timeliness of the issue, the Security Council’s implicit recognition of a potential tension between measures adopted to achieve different policy objectives, and the relatively scant salient direct practice and scholarship on elements pertinent to “take into account” systems also compelled us to engage in original legal analysis, with a focus on public international law and IHL. In section 2, as a primer for readers unfamiliar with the core issues, we briefly outline humanitarian and medical activities and counterterrorism measures. Then we highlight a range of possible effects of the latter on the former. Concerning armed conflict, humanitarian activities aim primarily to provide relief to and protection for people affected by the conflict whose needs are unmet, whereas medical activities aim primarily to provide care for wounded and sick persons, including the enemy. Meanwhile, for at least several decades, States have sought to prevent and suppress acts of terrorism and punish those who commit, attempt to commit, or otherwise support acts of terrorism. Under the rubric of countering terrorism, States have taken an increasingly broad and diverse array of actions at the global, regional, and national levels. A growing body of qualitative and quantitative evidence documents how certain measures designed and applied to counter terrorism can impede or prevent humanitarian and medical activities in armed conflicts. In a nutshell, counterterrorism measures may lead to diminished or complete lack of access by humanitarian and medical actors to the persons affected by an armed conflict that is also characterized as a counterterrorism context, or those measures may adversely affect the scope, amount, or quality of humanitarian and medical services provided to such persons. The diverse array of detrimental effects of certain counterterrorism measures on humanitarian and medical activities may be grouped into several cross-cutting categories, including operational, financial, security, legal, and reputational effects. In section 3, we explain some of the key legal aspects of humanitarian and medical activities and counterterrorism measures. States have developed IHL as the primary body of international law applicable to acts and omissions connected with an armed conflict. IHL lays down several rights and obligations relating to a broad spectrum of humanitarian and medical activities pertaining to armed conflicts. A violation of an applicable IHL provision related to humanitarian or medical activities may engage the international legal responsibility of a State or an individual. Meanwhile, at the international level, there is no single, comprehensive body of counterterrorism laws. However, States have developed a collection of treaties to pursue specific anti-terrorism objectives. Further, for its part, the Security Council has assumed an increasingly prominent role in countering terrorism, including by adopting decisions that U.N. Member States must accept and carry out under the U.N. Charter. Some counterterrorism measures are designed and applied in a manner that implicitly or expressly “carves out” particular safeguards — typically in the form of limited exceptions or exemptions — for certain humanitarian or medical activities or actors. Yet most counterterrorism measures do not include such safeguards. In section 4, which constitutes the bulk of our original legal analysis, we closely evaluate the two resolutions in which the Security Council urged States to take into account the effects of (certain) counterterrorism measures on humanitarian and medical activities. We set the stage by summarizing some aspects of the legal relations between Security Council acts and IHL provisions pertaining to humanitarian and medical activities. We then analyze the status, consequences, and content of several substantive elements of the resolutions and what they may entail for States seeking to counter terrorism and safeguard humanitarian and medical activities. Among the elements that we evaluate are: the Security Council’s new notion of a prohibited financial “benefit” for terrorists as it may relate to humanitarian and medical activities; the Council’s demand that States comply with IHL obligations while countering terrorism; and the constituent parts of the Council’s notion of a “take into account” system. In section 5, we set out some potential elements of an analytical framework through which a State may seek to develop and administer its “take into account” system in line with Resolution 2462 (2019) and Resolution 2482 (2019). In terms of its object and purpose, a “take into account” system may aim to secure respect for international law, notably the U.N. Charter and IHL pertaining to humanitarian and medical activities. In addition, the system may seek to safeguard humanitarian and medical activities in armed conflicts that also qualify as counterterrorism contexts. We also identify two sets of preconditions arguably necessary for a State to anticipate and address relevant potential effects through the development and execution of its “take into account” system. Finally, we suggest three sets of attributes that a “take into account” system may need to embody to achieve its aims: utilizing a State-wide approach, focusing on potential effects, and including default principles and rules to help guide implementation. In section 6, we briefly conclude. In our view, jointly pursuing the policy objectives of countering terrorism and safeguarding humanitarian and medical activities presents several opportunities, challenges, and complexities. International law does not necessarily provide ready-made answers to all of the difficult questions in this area. Yet devising and executing a “take into account” system provides a State significant opportunities to safeguard humanitarian and medical activities and counter terrorism while securing greater respect for international law.
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Goswami, Amlanjyoti, Deepika Jha, Sudeshna Mitra, Sahil Sasidharan, Kaye Lushington, and Mukesh Yadav. Land Records Modernisation in India: Gujarat. Indian Institute for Human Settlements, 2021. http://dx.doi.org/10.24943/9788195489381.
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This work provides an institutional, legal and policy review of crucial aspects of land records modernisation systems in Gujarat. Recognising the significance of land and its management for the state economy, Gujarat was among the early states to computerise its land records and processes and integrate them. In 2009, the state introduced resurveys using modern technology, which resulted in promulgation of updated records in more than sixty percent of villages, before being paused in 2018. Apart from political leadership, administrative initiatives such as documenting procedures and operational guidelines, incentivising of regular progress and reporting, and regular capacity building helped the state in making a significant progress. Gujarat is among the most urbanised and industrialised states in the country, and this volume presents case studies on the state of land and property records in urban and industrial areas, and the attempts to modernise them.
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Friedler, Haley S., Michelle B. Leavy, Eric Bickelman, Barbara Casanova, Diana Clarke, Danielle Cooke, Andy DeMayo, et al. Outcome Measure Harmonization and Data Infrastructure for Patient-Centered Outcomes Research in Depression: Data Use and Governance Toolkit. Agency for Healthcare Research and Quality (AHRQ), October 2021. http://dx.doi.org/10.23970/ahrqepcwhitepaperdepressiontoolkit.
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Executive Summary Patient registries are important tools for advancing research, improving healthcare quality, and supporting health policy. Registries contain vast amounts of data that could be used for new purposes when linked with other sources or shared with researchers. This toolkit was developed to summarize current best practices and provide information to assist registries interested in sharing data. The contents of this toolkit were developed based on review of the literature, existing registry practices, interviews with registries, and input from key stakeholders involved in the sharing of registry data. While some information in this toolkit may be relevant in other countries, this toolkit focuses on best practices for sharing data within the United States. Considerations related to data sharing differ across registries depending on the type of registry, registry purpose, funding source(s), and other factors; as such, this toolkit describes general best practices and considerations rather than providing specific recommendations. Finally, data sharing raises complex legal, regulatory, operational, and technical questions, and none of the information contained herein should be substituted for legal advice. The toolkit is organized into three sections: “Preparing to Share Data,” “Governance,” and “Procedures for Reviewing and Responding to Data Requests.” The section on “Preparing to Share Data” discusses the role of appropriate legal rights to further share the data and the need to follow all applicable ethical regulations. Registries should also prepare for data sharing activities by ensuring data are maintained appropriately and developing policies and procedures for governance and data sharing. The “Governance” section describes the role of governance in data sharing and outlines key governance tasks, including defining and staffing relevant oversight bodies; developing a data request process; reviewing data requests; and overseeing access to data by the requesting party. Governance structures vary based on the scope of data shared and registry resources. Lastly, the section on “Procedures for Reviewing and Responding to Data Requests” discusses the operational steps involved in sharing data. Policies and procedures for sharing data may depend on what types of data are available for sharing and with whom the data can be shared. Many registries develop a data request form for external researchers interested in using registry data. When reviewing requests, registries may consider whether the request aligns with the registry’s mission/purpose, the feasibility and merit of the proposed research, the qualifications of the requestor, and the necessary ethical and regulatory approvals, as well as administrative factors such as costs and timelines. Registries may require researchers to sign a data use agreement or other such contract to clearly define the terms and conditions of data use before providing access to the data in a secure manner. The toolkit concludes with a list of resources and appendices with supporting materials that registries may find helpful.
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Friedler, Haley S., Michelle B. Leavy, Eric Bickelman, Barbara Casanova, Diana Clarke, Danielle Cooke, Andy DeMayo, et al. Outcome Measure Harmonization and Data Infrastructure for Patient-Centered Outcomes Research in Depression: Data Use and Governance Toolkit. Agency for Healthcare Research and Quality (AHRQ), October 2021. http://dx.doi.org/10.23970/ahrqepcwhitepaperdepressiontoolkit.
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Executive Summary Patient registries are important tools for advancing research, improving healthcare quality, and supporting health policy. Registries contain vast amounts of data that could be used for new purposes when linked with other sources or shared with researchers. This toolkit was developed to summarize current best practices and provide information to assist registries interested in sharing data. The contents of this toolkit were developed based on review of the literature, existing registry practices, interviews with registries, and input from key stakeholders involved in the sharing of registry data. While some information in this toolkit may be relevant in other countries, this toolkit focuses on best practices for sharing data within the United States. Considerations related to data sharing differ across registries depending on the type of registry, registry purpose, funding source(s), and other factors; as such, this toolkit describes general best practices and considerations rather than providing specific recommendations. Finally, data sharing raises complex legal, regulatory, operational, and technical questions, and none of the information contained herein should be substituted for legal advice. The toolkit is organized into three sections: “Preparing to Share Data,” “Governance,” and “Procedures for Reviewing and Responding to Data Requests.” The section on “Preparing to Share Data” discusses the role of appropriate legal rights to further share the data and the need to follow all applicable ethical regulations. Registries should also prepare for data sharing activities by ensuring data are maintained appropriately and developing policies and procedures for governance and data sharing. The “Governance” section describes the role of governance in data sharing and outlines key governance tasks, including defining and staffing relevant oversight bodies; developing a data request process; reviewing data requests; and overseeing access to data by the requesting party. Governance structures vary based on the scope of data shared and registry resources. Lastly, the section on “Procedures for Reviewing and Responding to Data Requests” discusses the operational steps involved in sharing data. Policies and procedures for sharing data may depend on what types of data are available for sharing and with whom the data can be shared. Many registries develop a data request form for external researchers interested in using registry data. When reviewing requests, registries may consider whether the request aligns with the registry’s mission/purpose, the feasibility and merit of the proposed research, the qualifications of the requestor, and the necessary ethical and regulatory approvals, as well as administrative factors such as costs and timelines. Registries may require researchers to sign a data use agreement or other such contract to clearly define the terms and conditions of data use before providing access to the data in a secure manner. The toolkit concludes with a list of resources and appendices with supporting materials that registries may find helpful.
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Lewis, Dustin, Naz Modirzadeh, and Gabriella Blum. War-Algorithm Accountability. Harvard Law School Program on International Law and Armed Conflict, August 2016. http://dx.doi.org/10.54813/fltl8789.
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In War-Algorithm Accountability (August 2016), we introduce a new concept—war algorithms—that elevates algorithmically-derived “choices” and “decisions” to a, and perhaps the, central concern regarding technical autonomy in war. We thereby aim to shed light on and recast the discussion regarding “autonomous weapon systems” (AWS). We define “war algorithm” as any algorithm that is expressed in computer code, that is effectuated through a constructed system, and that is capable of operating in relation to armed conflict. In introducing this concept, our foundational technological concern is the capability of a constructed system, without further human intervention, to help make and effectuate a “decision” or “choice” of a war algorithm. Distilled, the two core ingredients are an algorithm expressed in computer code and a suitably capable constructed system. Through that lens, we link international law and related accountability architectures to relevant technologies. We sketch a three-part (non-exhaustive) approach that highlights traditional and unconventional accountability avenues. We focus largely on international law because it is the only normative regime that purports—in key respects but with important caveats—to be both universal and uniform. In this way, international law is different from the myriad domestic legal systems, administrative rules, or industry codes that govern the development and use of technology in all other spheres. By not limiting our inquiry only to weapon systems, we take an expansive view, showing how the broad concept of war algorithms might be susceptible to regulation—and how those algorithms might already fit within the existing regulatory system established by international law.
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Lewis, Dustin, Radhika Kapoor, and Naz Modirzadeh. Advancing Humanitarian Commitments in Connection with Countering Terrorism: Exploring a Foundational Reframing concerning the Security Council. Harvard Law School Program on International Law and Armed Conflict, December 2021. http://dx.doi.org/10.54813/uzav2714.
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The imperative to provide humanitarian and medical services on an urgent basis in armed conflicts is anchored in moral tenets, shared values, and international rules. States spend tens of billions of dollars each year to help implement humanitarian programs in conflicts across the world. Yet, in practice, counterterrorism objectives increasingly prevail over humanitarian concerns, often resulting in devastating effects for civilian populations in need of aid and protection in war. Not least, confusion and misapprehensions about the power and authority of States relative to the United Nations Security Council to set policy preferences and configure legal obligations contribute significantly to this trajectory. In this guide for States, we present a framework to reconfigure relations between these core commitments by assessing the counterterrorism architecture through the lens of impartial humanitarianism. We aim in particular to provide an evidence base and analytical frame for States to better grasp key legal and policy issues related to upholding respect for principled humanitarian action in connection with carrying out the Security Council’s counterterrorism decisions. We do so because the lack of knowledge regarding interpretation and implementation of counterterrorism resolutions matters for the coherence, integrity, and comprehensiveness of humanitarian policymaking and protection of the humanitarian imperative. In addition to analyzing foundational concerns and evaluating discernible behaviors and attitudes, we identify avenues that States may take to help achieve pro-humanitarian objectives. We also endeavor to help disseminate indications of, and catalyze, States’ legally relevant positions and practices on these issues. In section 1, we introduce the guide’s impetus, objectives, target audience, and structure. We also describe the methods that we relied on and articulate definitions for key terms. In section 2, we introduce key legal actors, sources of law, and the notion of international legal responsibility, as well as the relations between international and national law. Notably, Security Council resolutions require incorporation into national law in order to become effective and enforceable by internal administrative and judicial authorities. In section 3, we explain international legal rules relevant to advancing the humanitarian imperative and upholding respect for principled humanitarian action, and we sketch the corresponding roles of humanitarian policies, programs, and donor practices. International humanitarian law (IHL) seeks to ensure — for people who are not, or are no longer, actively participating in hostilities and whose needs are unmet — certain essential supplies, as well as medical care and attention for the wounded and sick. States have also developed and implemented a range of humanitarian policy frameworks to administer principled humanitarian action effectively. Further, States may rely on a number of channels to hold other international actors to account for safeguarding the humanitarian imperative. In section 4, we set out key theoretical and doctrinal elements related to accepting and carrying out the Security Council’s decisions. Decisions of the Security Council may contain (binding) obligations, (non-binding) recommendations, or a combination of the two. UN members are obliged to carry out the Council’s decisions. Member States retain considerable interpretive latitude to implement counterterrorism resolutions. With respect to advancing the humanitarian imperative, we argue that IHL should represent a legal floor for interpreting the Security Council’s decisions and recommendations. In section 5, we describe relevant conduct of the Security Council and States. Under the Resolution 1267 (1999), Resolution 1989 (2011), and Resolution 2253 (2015) line of resolutions, the Security Council has established targeted sanctions as counterterrorism measures. Under the Resolution 1373 (2001) line of resolutions, the Security Council has adopted quasi-“legislative” requirements for how States must counter terrorism in their national systems. Implementation of these sets of resolutions may adversely affect principled humanitarian action in several ways. Meanwhile, for its part, the Security Council has sought to restrict the margin of appreciation of States to determine how to implement these decisions. Yet international law does not demand that these resolutions be interpreted and implemented at the national level by elevating security rationales over policy preferences for principled humanitarian action. Indeed, not least where other fields of international law, such as IHL, may be implicated, States retain significant discretion to interpret and implement these counterterrorism decisions in a manner that advances the humanitarian imperative. States have espoused a range of views on the intersections between safeguarding principled humanitarian action and countering terrorism. Some voice robust support for such action in relation to counterterrorism contexts. A handful call for a “balancing” of the concerns. And some frame respect for the humanitarian imperative in terms of not contradicting counterterrorism objectives. In terms of measures, we identify five categories of potentially relevant national counterterrorism approaches: measures to prevent and suppress support to the people and entities involved in terrorist acts; actions to implement targeted sanctions; measures to prevent and suppress the financing of terrorism; measures to prohibit or restrict terrorism-related travel; and measures that criminalize or impede medical care. Further, through a number of “control dials” that we detect, States calibrate the functional relations between respect for principled humanitarian action and countering terrorism. The bulk of the identified counterterrorism measures and related “control dials” suggests that, to date, States have by and large not prioritized advancing respect for the humanitarian imperative at the national level. Finally, in section 6, we conclude by enumerating core questions that a State may answer to help formulate and instantiate its values, policy commitments, and legal positions to secure respect for principled humanitarian action in relation to counterterrorism contexts.