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Journal articles on the topic 'Doctrine of mitigation'

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Published: 4 June 2021

Last updated: 17 February 2022

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1

Pawlowski, Mark. "The application of the doctrine of mitigation of damages to leases." Liverpool Law Review 17, no. 2 (1995): 173–88. http://dx.doi.org/10.1007/bf02439522.

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2

Connell, Mary A. "A Psychobiographical Approach to the Evaluation for Sentence Mitigation." Journal of Psychiatry & Law 31, no. 3 (2003): 319–54. http://dx.doi.org/10.1177/009318530303100304.

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Most state and the federal sentencing guidelines include a “catchall” category of potential mitigators, allowing the capital defendant to put forth evidence, at sentencing, of any issue that might bear on the question of moral culpability. This broad category of potentially mitigating information is sometimes given short shrift, in favor of traditional diagnostic findings. Because death is different from all other punishments in its finality, the mental health evaluator bears a special burden, under the Lockett doctrine, to explore all factors that shaped the defendant's developments. A psycho

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Yoder, Jonathan, Micheal Brady, and Joseph Cook. "Water Markets and Storage — Substitutes or Complements for Drought Risk Mitigation?" Water Economics and Policy 02, no. 02 (2016): 1650005. http://dx.doi.org/10.1142/s2382624x16500053.

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Are water storage and water markets complements or substitutes? This paper examines the conditions under which water storage for drought risk mitigation augments or attenuates water market gains from trade, and conversely, the conditions under which water markets augment or attenuate the value of additional water storage. The analysis is performed in the context of the Prior Appropriations doctrine in a fully appropriated basin. Two stylized examples based on water use at the intensive and extensive margin are provided, along with simulation results for proposed water storage projects and mark

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4

McCoubrey, Hilaire. "From Nuremberg to Rome: Restoring the Defence of Superior Orders." International and Comparative Law Quarterly 50, no. 2 (2001): 386–94. http://dx.doi.org/10.1093/iclq/50.2.386.

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A plea of superior orders in response to charges founded upon violations of the international laws of armed conflict has since 1945 been treated as a plea in mitigation of sentence rather than as a defence, a position founded upon article 8 of the 1945 Charter of the International Military Tribunal at Nuremberg. In 1998 the draft Statute of the proposed permanent International Criminal Court appeared, by article 33, to “restore” superior orders as a defence, a move deprecated by some as an apparent softening of the international legal approach to war crimes in an age in which such violations a

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5

Leaning, Jennifer. "The Path to Last Resort: The Role of Early Warning & Early Action." Daedalus 145, no. 4 (2016): 101–12. http://dx.doi.org/10.1162/daed_a_00415.

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For just war doctrine to apply, the last resort requirement to exhaust all measures short-of-war must be fulfilled. Because of research and policy developments in the last fifteen years, the international community is now equipped with a richer understanding of how wars and atrocities evolve through time, improved precision about trigger points and risk factors that may accelerate that evolution, growing consensus on what prevention and mitigation steps to look for in that process, and new technologies for ascertaining these steps in order to intervene when mitigating action might deflect the

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6

Atiq, Emad H. "How Folk Beliefs about Free Will Influence Sentencing." New Criminal Law Review 16, no. 3 (2013): 449–93. http://dx.doi.org/10.1525/nclr.2013.16.3.449.

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Do recent results in neuroscience and psychology that portray our choices as predetermined threaten to undermine the assumptions about “free will” that drive criminal law? This article answers in the affirmative, and offers a novel argument for the transformative import of modern science. It also explains why a revision in the law’s assumptions is morally desirable. Problematic assumptions about free will have a role to play in criminal law not because they underlie substantive legal doctrine or retributive theory, but because everyday actors in the sentencing process are authorized to make ir

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7

Triantama, Febry, and Yoga Pangestu. "Revolution in Military Affairs: Strategi Menghadapi Strategic Disadvantage Singapura." Nation State: Journal of International Studies 3, no. 2 (2020): 196–207. http://dx.doi.org/10.24076/nsjis.2020v3i2.332.

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The Singapore government since 2000 has stated their goals to have a strong and capable Singapore Armed Forces (SAF). The urgency of having a strong and capable SAF cannot be separated from the multidimensional threats that Singapore has to deal with. China's growing military capability coupled with increased aggressiveness in the South China Sea and relations with two conflicting neighbors are examples of traditional threats facing Singapore. Non-traditional threats, especially terrorism, also haunt Singapore. This article argues that the Revolution in Military Affairs implemented by Singapor

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Polubinskaya, Svetlana V. "Use of Neuroscience in Criminal Law Doctrine and Criminal Sentencing." Proceedings of the Institute of State and Law of the RAS 14, no. 5 (2019): 9–37. http://dx.doi.org/10.35427/2073-4522-2019-14-5-polubinskaya.

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Modern neuroscience has long expanded beyond the framework of traditional biological and medical sciences that study the central nervous system and human brain. Nowadays researchers aim at exploring the links between the biological processes in the brain and human behavior. There is a growing number of research on social neuroscience investigating the neural basis of social behavior. The progress of such studies is facilitated by application of non-invasive neuroimaging techniques (magnetic resonance imaging, functional magnetic resonance imaging, positron emission tomography, etc.), which pro

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9

Rozenko, S. V. "EVOLUTION OF PUNISHMENT IN RUSSIAN CRIMINAL LAW:PROBLEMS OF CONSISTENCY AND IMPROVEMENT." Russian Family Doctor, no. 1 (December 15, 2020): 46–52. http://dx.doi.org/10.17816/rfd10678.

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The article analyzes the evolution of punishment in Russian criminal law and scientific doctrine. The article considers the dynamics of development and improvement of the definition of punishment in the Soviet and Russian criminal legislation. The refusal of punishment in punishment is analyzed, which is explained by the development of several trends of mitigation of punishment. Changes in many provisions on punishment confirm that this institution has a social and legal necessity and importance for society and the state. Is considered a long process of exclusion from the punishment uncharacte

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Rozenko, S. V. "EVOLUTION OF PUNISHMENT IN RUSSIAN CRIMINAL LAW:PROBLEMS OF CONSISTENCY AND IMPROVEMENT." Russian Family Doctor, no. 1 (December 15, 2020): 46–52. http://dx.doi.org/10.17816/rfd10710.

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The article analyzes the evolution of punishment in Russian criminal law and scientific doctrine. The article considers the dynamics of development and improvement of the definition of punishment in the Soviet and Russian criminal legislation. The refusal of punishment in punishment is analyzed, which is explained by the development of several trends of mitigation of punishment. Changes in many provisions on punishment confirm that this institution has a social and legal necessity and importance for society and the state. Is considered a long process of exclusion from the punishment uncharacte

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Rozenko, S. V. "EVOLUTION OF PUNISHMENT IN RUSSIAN CRIMINAL LAW:PROBLEMS OF CONSISTENCY AND IMPROVEMENT." Yugra State University Bulletin 16, no. 1 (2020): 46–52. http://dx.doi.org/10.17816/byusu20200146-52.

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The article analyzes the evolution of punishment in Russian criminal law and scientific doctrine. The article considers the dynamics of development and improvement of the definition of punishment in the Soviet and Russian criminal legislation. The refusal of punishment in punishment is analyzed, which is explained by the development of several trends of mitigation of punishment. Changes in many provisions on punishment confirm that this institution has a social and legal necessity and importance for society and the state. Is considered a long process of exclusion from the punishment uncharacte

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12

Obreja, Leyla-Denisa. "Expanding Due Diligence: Human Rights Risk Assessments and Limits to State Interventions Aimed at Preventing Domestic Violence." Groningen Journal of International Law 7, no. 2 (2020): 182–94. http://dx.doi.org/10.21827/grojil.7.2.182-194.

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Much has been discussed about the consolidating due diligence doctrine in the field of international human rights law and how it applies to intimate partner violence (IPV) and other forms of violence against women (VAW). Due diligence obligations to prevent IPV contain programmatic elements, guiding States to intervene and prevent human rights violations arising from IPV. This article demonstrates that in the case of IPV, human rights violations can be primary and secondary. The article then discusses due diligence in the context of IPV prevention, revealing two important State conducts: antic

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13

Cormier, Annjea M. "Crisis Response and Management Following Hurricane Sandy." International Oil Spill Conference Proceedings 2014, no. 1 (2014): 299895. http://dx.doi.org/10.7901/2169-3358-2014-1-299895.1.

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The United States Coast Guard responded to the aftermath of Hurricane Sandy in New York and New Jersey under the National Response Framework's Emergency Support Function 10 Oil and Hazardous Material Response. Based on countless lessons learned; decisive response leadership is required in the initial response to build operational momentum, and establish interagency coordination. The Hurricane Sandy Pollution Response is a stellar example of how the initial actions shaped the direction and effectiveness of the rest of the response. This poster will emphasize how the leadership asked the right q

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Penny, Christopher K. "Obeying Restraints: Applying the Plea of Superior Orders to Military Defendants before the International Criminal Court." Canadian Yearbook of international Law/Annuaire canadien de droit international 48 (2011): 3–38. http://dx.doi.org/10.1017/s0069005800010079.

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SummaryThis article addresses the content and ramifications of the unique plea of superior orders, illustrating the complexities of absolving wartime behaviour on this basis as well as the legitimate rationale for doing so in certain cases. The article discusses the general legal obligation for soldiers to obey commands; outlines the historical development and legal content of the corresponding plea of superior orders, including its incorporation into the Rome Statute of the International Criminal Court (ICC); and assesses the potential future application by the ICC of this specialized “mistak

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15

Preston, Brian J. "The influence of climate change litigation on governments and the private sector." Climate Law 2, no. 4 (2011): 485–513. http://dx.doi.org/10.1163/cl-2011-048.

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In recent years, the number of court cases around theworld raising the issue of climate change has increased dramatically, especially in jurisdictions that have not yet adopted effective national responses to climate change, such as Australia and the United States. In these countries, litigation provides an alternative path to encourage mitigation of the causes and adaptation to the effects of climate change. In Australia, much of the litigation, particularly the early climate change cases, has taken place in state courts or administrative tribunals, and has focused on applying existing legisl

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16

Taraky, Yar M., Yongbo Liu, Ed McBean, Prasad Daggupati, and Bahram Gharabaghi. "Flood Risk Management with Transboundary Conflict and Cooperation Dynamics in the Kabul River Basin." Water 13, no. 11 (2021): 1513. http://dx.doi.org/10.3390/w13111513.

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The Kabul River, while having its origin in Afghanistan, has a primary tributary, the Konar River, which originates in Pakistan and enters Afghanistan near Barikot-Arandu. The Kabul River then re-enters Pakistan near Laalpur, Afghanistan making it a true transboundary river. The catastrophic flood events due to major snowmelt events in the Hindu Kush mountains occur every other year, inundating many major urban centers. This study investigates the flood risk under 30 climate and dam management scenarios to assess opportunities for transboundary water management strategy in the Kabul River Basi

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Ahmad, Maghfur. "Three Sufi Communities Guarding the Earth: A Case Study of Mitigation and Adaptation to Climate Change in Indonesia." Al-Jami'ah: Journal of Islamic Studies 57, no. 2 (2019): 359–96. http://dx.doi.org/10.14421/ajis.2019.572.359-396.

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Prasenjet Duara (2015) accuses divine religions as the cause of the environmental crisis and natural disasters. Duara's thesis was counterattacked by scientists and religionists who stated that religion has the spirit and teachings of careness for the environment. Nevertheless, the arguments they built are still theological, normative and theoretical. This study is an antithesis to the Duara’s statement and at the same time presents evidence based on the primary data that occurred in three Sufi communities. The focus of this study analyzes Sufi activism in Indonesia in safeguarding the earth,

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18

Romanovskaya, А. А. "ON THE CONCEPT OF NATIONAL GOVERNANCE AND MONITORING IN THE AREA OF CLIMATE CHANGE IN RUSSIA." Problems of Ecological Monitoring and Ecosystem Modelling 30, no. 3-4 (2019): 61–83. http://dx.doi.org/10.21513/0207-2564-2019-3-61-83.

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Russia's relatively late acceptance of the Paris Agreement in 2019 necessitates the rapid development of an interconnected system of national governance in the area of climate change and monitoring of its effectiveness. The central strategic document for short -, medium - and long-term planning of the Russian Federation in the area of climate change for the period up to 2050 should be a Long-term low greenhouse gas emission development Strategy with defined national priorities, goals (including nationally determined contributions under the Paris Agreement), tasks and measures for their impleme

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19

Тасаков, Сергей Владимирович, and Владимир Сергеевич Тасаков. "Grounds for the mitigation of criminal punishment in the criminal legislation of Russia." Vestnik Kuzbasskogo instituta, no. 2(39) (June 20, 2019): 116–22. http://dx.doi.org/10.53993/2078-3914/2019/2(39)/116-122.

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В статье рассматриваются основания смягчения уголовного наказания в уголовном законодательстве Российской Федерации. Основания смягчения уголовного наказания направлены на снижение бремени уголовного наказания, что в свою очередь опосредованно влияет на процесс реализации уголовной политики. Проводится различие терминов «смягчение» и «освобождение» от уголовной ответственности и ее «исключение». Исследуются межотраслевое содержание системы оснований смягчения уголовного наказания, а также признаки системы оснований смягчения уголовного наказания и классификация оснований смягчения уголовного н

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20

Schiller, Mark. "Nato Multinational Brigade Interoperability: Issues, Mitigating Solutions and is it Time for a Nato Multinational Brigade Doctrine?" Journal on Baltic Security 2, no. 1 (2016): 102–16. http://dx.doi.org/10.1515/jobs-2016-0032.

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Abstract Multinational Brigade Operations involving NATO and its European Partners are the norm in the post-Cold War Era. Commonplace today are Multinational Brigades, composed of staffs and subordinate units representing almost every NATO Country and Partner, participating in training exercises or actual operations in both the European and Southwest Asian Theatres. Leadership challenges are prevalent for the Multinational Brigade Commander and his staff, especially those challenges they face in achieving an effective level of brigade interoperability in order to conduct successful operations

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21

Danilovskaya, Anna V. "ОСНОВАНИЯ СМЯГЧЕНИЯ И ИСКЛЮЧЕНИЯ УГОЛОВНОЙ ОТВЕТСТВЕННОСТИ ЗА КАРТЕЛИ НА ТОВАРНЫХ РЫНКАХ". Азиатско-Тихоокеанский регион: экономика, политика, право 53, № 4 (2019): 136–52. http://dx.doi.org/10.24866/1813-3274/2019-4/136-152.

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Предупреждение и пресечение картелей как одной из угроз национальной безопасности является приоритетным направлением современной конку-рентной политики государства. Однако картели на товарных рынках (исключение – сговоры на торгах) имеют особую природу, о чём свидетельствуют разное отношение к картелям в отдельные периоды времени, позиции некоторых экономических учений и современные взгляды. Так, представители австрийской школы выступают за отмену борьбы с картелями в принципе. В различных научных источниках встречаются предложения о признании на законодательном уровне экономической целесообра

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Bârsan, Alexandra Teodora, and Mihai Pop. "Road to green future - Decision making model for the environmental and energy sector." Proceedings of the International Conference on Business Excellence 12, no. 1 (2018): 103–13. http://dx.doi.org/10.2478/picbe-2018-0011.

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Abstract The mitigation of greenhouse gas emissions has become one of the most important topics on the agenda of EU- and national policy-makers. The importance of the climate change issue is exponentially growing from year to year, gathering specialist from the academic, economic and energy fields in the hope of finding the best solutions in fighting the negative effects of the phenomenon. This challenge has issued an intense debate around the doctrines on which policymakers ground the process of law making. Two of the most debated theories are the neoclassic economic doctrines, on which the m

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Steiker, Carol S., and Jordan M. Steiker. "The American Death Penalty." New Criminal Law Review 22, no. 4 (2019): 359–90. http://dx.doi.org/10.1525/nclr.2019.22.4.359.

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The Supreme Court’s constitutional regulation of the American death penalty has yielded a plethora of doctrines that have shaped an alternative criminal justice process that is (mostly) limited to capital cases. Many of these doctrines offer a vision and practice of “roads not taken” in the ordinary criminal justice process that would be attractive improvements in that larger system. We consider three of these doctrines: (1) more searching review of the proportionality of sentencing outcomes; (2) imposition of a requirement of individualized sentencing that has led to the investigation and pre

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Brooks, Jamie D. "“What any Parent Knows” But the Supreme Court Misunderstands." New Criminal Law Review 17, no. 3 (2014): 442–501. http://dx.doi.org/10.1525/nclr.2014.17.3.442.

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In Miller v. Alabama, the Supreme Court appealed to neuroscience studies concerning the diminished capacities of adolescents to justify leniency in the sentencing of juvenile offenders. Reflecting on the recent proliferation of juvenile proportionality cases, the Court noted “[o]ur decisions rested not only on common sense—on what ‘any parent knows’—but on science and social science as well.” This Article casts a skeptical eye on the legal import of these scientific insights into the adolescent brain for normative evaluations of criminal culpability. Although the studies cited offer little pro

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Molchanov, B. A., and M. V. Novikov. "SUBJECTIVE SIGNS OF THE COMPOSITION OF CRIMES IN THE LAWS OF THE STATES OF MEDIEVAL EUROPE." Proceedings of the Southwest State University 21, no. 3 (2017): 167–75. http://dx.doi.org/10.21869/2223-1560-2017-21-3-167-175.

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The paper discusses formation and development of criminal legislation on the subject and subjective signs of the crime in the countries of medieval Europe within the comparative jurisprudence. The authors note that the level of culture and statehood in any society and its government bodies as a whole depends on the attitude of the society and the state to those who committed unlawful, criminally punishable acts. On the materials of criminal law in the Ancient World and the Middle Ages (Ancient Rome, Ancient Greece, etc.) a strict liability was in law-enforcement practice. New states were forme

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Kovalchuk, Andrii, and Valentyna Dudchenko. "MACROECONOMIC RISKS: CLASSIFIED FEATURES, METHODS OF MEASUREMENT, MITIGATION PATTERNS." Baltic Journal of Economic Studies 5, no. 1 (2019): 81. http://dx.doi.org/10.30525/2256-0742/2019-5-1-81-86.

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The purpose of the article is to study the essence, factors, and ways for minimization of macroeconomic risks. The subject of the study is the macroeconomic risks. Research methodology. The research is based on the use of general scientific and special-scientific methods and techniques of scientific knowledge. The dialectical method was used for the determination of the basic causes of macroeconomic risks. The logic-semantic method was utilized for definition of the content of such concepts as “macroeconomic risk”, “collateral systems”, “oversight”. Methods of analysis and synthesis helped us

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Dawson, Maurice, and Pedro Manuel Taveras Nuñez. "Issues in Cybersecurity: Security Challenges and Problems in the Dominican Republic." Land Forces Academy Review 23, no. 3 (2018): 173–80. http://dx.doi.org/10.2478/raft-2018-0020.

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Abstract Many developed countries are placing resources to combat the growing threats in cyberspace, and emerging nations are no different. Since 2016, the Dominican Republic is undergoing massive changes within the current government to prioritize cybersecurity through laws, policies, and doctrine. This initiative is causing politicians, industry, and even government entities such as the national police to start the journey to begin to fully understand what are the issues in cybersecurity as they apply to the nation. It is essential that the security challenges and problems identified are add

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28

TUDOR, STEVEN. "THE RELEVANCE OF REMORSE IN SENTENCING: A REPLY TO BAGARIC AND AMARASEKARA (AND DUFF)." Deakin Law Review 10, no. 2 (2005): 760. http://dx.doi.org/10.21153/dlr2005vol10no2art303.

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<div class="page" title="Page 1"><div class="layoutArea"><div class="column"><p><span>[</span><span>In their 2001 article </span><span>“Feeling Sorry? — Tell Someone Who Cares: The Irrelevance of Remorse in Sentencing”</span><span>, Bagaric and Amarasekara argue that offender remorse should be abandoned as a mitigating factor in sen- tencing because it lacks adequate doctrinal support. The present article argues that Bagaric and Amarasekara’s survey of reasons for remorse be- ing a mitigating factor is not wide enough, and, more

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Jurkeviča, Tatjana, and Kaspars Šmits. "THE VIEW TO COLLISION OF NORMS OF THE CRIMINAL LAW." Administrative and Criminal Justice 4, no. 81 (2017): 11. http://dx.doi.org/10.17770/acj.v4i81.2842.

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Topicality and issue of a subject-matter Collision of norms in criminal law is incompleteness of legal provisions concerning collision of norms in Criminal law, despite the fact that such legal provisions have been developed in legal doctrine and recognized in case law. Goal of an article is to summarize and show these legal provisions in order to help readers and law enforcers to discern between multiplicity and aggregation of criminal offences, and collision of norms of the Criminal law.In essence – collision of norms of Special part of Criminal law differs from multiplicity (especially a co

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Nellen, Henk. "Minimal Faith and Irenic Ideals in Seventeenth-Century Scholarly Circles." Church History and Religious Culture 94, no. 4 (2014): 444–78. http://dx.doi.org/10.1163/18712428-09404001.

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This article shows how the Dutch humanist Hugo Grotius (1583–1645), inspired by his friend Isaac Casaubon, sought to introduce a procedure for mitigating strife in the Christian church. He proclaimed a division between a set of self-evident, universally accepted key tenets, to be endorsed by all believers, and a larger number of secondary, not completely certain articles of faith, which were to be left open for friendly debate. The doctrine of the Trinity belonged to the second category; it should be treated in a careful, detached way, in words that did not go beyond the terminology of the Bib

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Chatzimanoli, Despina. "Sector-Specific and Public Law Approaches to (International) Regulatory Law: A Rationale for the Combined Use of Global Administrative Law and New Governance as Tools for the New ‘International’ Law." Nordic Journal of International Law 77, no. 3 (2008): 217–33. http://dx.doi.org/10.1163/157181008x323966.

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AbstractThe complexity of contemporary relations and problems, exacerbated by the intricacies of international interaction, pose an enormous challenge to law in general and international law in particular. This paper focuses on two of the various reactions of the legal doctrine to this complexity: on the one hand, the embracement of the novel circumstances and phenomena in their own right – the new governance approaches (NG); on the other hand, the insistence on traditional legal tools but under a renewed understanding thereof in line with changing circumstances – the global administrative law

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Al-Marashi, Ibrahim, and Amar Causevic. "NATO and Collective Environmental Security in the MENA: From the Cold War to Covid-19." Journal of Strategic Security 13, no. 4 (2020): 28–44. http://dx.doi.org/10.5038/1944-0472.13.4.1804.

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The Covid-19 pandemic emerged as a global security risk, and national security institutions scrambled to manage a threat, not emanating from states or non-state actors, but from the environment. The pandemic serves as an empirical case to explore “anthropogenic strategic security,” or how security doctrines can anticipate and mitigate natural disasters, resulting from humanity’s exploitation of ecology and environment. This qualitative study addresses the question as to whether the NATO possesses the imaginative and institutional capacity to manage environmental risks resulting from climate ch

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Safari, Gentil Kasongo. "State Responsibility and the Right to Personal Security in the drc: A Human Rights Law Perspective." African Journal of Legal Studies 7, no. 2 (2014): 233–51. http://dx.doi.org/10.1163/17087384-12342027.

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The right to personal security has been grossly violated in eastern Democratic Republic of Congo for nearly two decades by persistent armed conflicts. Ensuring this right through justice in such a complex context is particularly challenging but feasible. This paper examines whether the drc should be judicially held accountable for violations of the right to personal security. Drawing on case-law, international practice and literature in the field of human rights, the paper demonstrates that under the doctrine of State responsibility the drc has the duty to exercise due diligence in protecting

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Zuleha, Siti. "Model Mitigasi Risiko pada Lembaga Penjamin Kredit di Indonesia." Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada 30, no. 2 (2018): 291. http://dx.doi.org/10.22146/jmh.30286.

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AbstractIn Indonesia there are two types of credit schemes, both credit with collateral and guarantee scheme. This study aims, describes the construction of credit-based credit agreement law and constructs a risk mitigation model.This study used a doctrinal approach that the data being studied is limited to secondary dominated by primary legal materials. Qualitative analysis method based on the theory of stage by testing the level of horizontal synchronization between the Insurance with the Guarantee Act. The results showed, credit with guarantee scheme is an expansion of the provisions of sub

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Mou, Junxi. "The mitochondrial basis of aging and related diseases." E3S Web of Conferences 271 (2021): 03033. http://dx.doi.org/10.1051/e3sconf/202127103033.

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Aging is a programmed and spontaneous life course that organisms must undergo, and as an irreversible and relatively conservative process, several theories have tried to explain its causes. Among them, the somatic mutation theory, the free radical theory, the natural cross-linking of biomolecules, the immune theory, the telomere theory, the biological clock theory, and the toxic theory are among the most widely accepted hypotheses. However, no single doctrine can fully explain the aging process. Aging is mainly manifested in the structural and functional aging and decline of organisms, and as

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Gao, Qi. "Mainstreaming climate change into the EIA procedures: a perspective from China." International Journal of Climate Change Strategies and Management 10, no. 3 (2018): 342–58. http://dx.doi.org/10.1108/ijccsm-04-2016-0040.

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Purpose In the face of climate change, environmental impact assessment (EIA) and strategic environmental assessment (SEA) are expected to translate global or national mitigation and adaptation targets to project and plan levels of decision-making. This paper aims to examine how to transform China’s EIA procedures to accommodate consideration of climate change and what constraints might be for doing so. Design/methodology/approach The main methodology used in this paper is doctrinal research, which is the primary legal methodology to find the law and interpret and analyse the document. Theoreti

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URIBE-URAN, VICTOR M. "Innocent Infants or Abusive Patriarchs? Spousal Homicides, the Punishment of Indians and the Law in Colonial Mexico, 1740s–1820s." Journal of Latin American Studies 38, no. 4 (2006): 793–828. http://dx.doi.org/10.1017/s0022216x06001611.

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This article examines numerous spousal homicides occurring all over New Spain (colonial Mexico) during the last seven decades of the colonial period. After killing their spouses, sometimes in an extremely brutal manner, a considerable number of the defendants managed to get away with little more than a slap on the wrist. I argue here that this was not due to the fact that written laws were dead letters. After examining general patterns of spousal homicides, I focus on the legal treatment and punishment afforded to indigenous criminals, several of who were drunk at the time of their crimes. Bei

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Monia, Shadika Haque. "Environmental Impact Assessment Initiated to Mitigate Pollutions from Industries." International Journal of Management, Entrepreneurship, Social Science and Humanities 3, no. 1 (2020): 56–66. http://dx.doi.org/10.31098/ijmesh.v3i1.161.

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Industrial pollution is a Buzzword of the present world. At the same time, there needs industrial development along with the mitigation of pollution, but in practice, industries are increasing with polluters although protection of pollution is lagging. The conservation of natural wealth is growing through various processes without thinking about the future. As an overpopulated country, a large number of industries have been contributing to enrich the economy of Bangladesh. In addition to there is no specific legal mechanism in the country to control industrial pollution which causes danger for

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Doherty, Joseph W., and Richard H. Steinberg. "Punishment and Policy in International Criminal Sentencing: An Empirical Study." American Journal of International Law 110, no. 1 (2016): 49–81. http://dx.doi.org/10.5305/amerjintelaw.110.1.0049.

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The International Criminal Tribunal for the Former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) have sentenced over 130 perpetrators for genocide, crimes against humanity, grave breaches of the Geneva Conventions, or war crimes. Sentencing judgments discuss the factors considered by the judges and impose a term of imprisonment. We regressed the sentence length meted out for each perpetrator on the doctrinal factors said to explain the term of imprisonment and on other factors rumored to affect sentencing. We find that the gravity of the crime and aggravating fact

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Achmad Zainal Arifin. "Merekonstruksi Peran Agama Dalam Proses Mitigasi Bencana." Talenta Conference Series: Local Wisdom, Social, and Arts (LWSA) 2, no. 1 (2019): 1–9. http://dx.doi.org/10.32734/lwsa.v2i1.580.

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AbstractAlmost every time a disaster occurs in this country, religious discourses always appear or intentionally are appeared for the interests of certain elite or religious groups. Discourses that links disasters with God's doom or the reluctance of citizens to evacuate, before, during, and even those who refuse relocation after the disaster event by utilizing religious beliefs or doctrines as their basis, to some extand, requires a wiser solution. The approach that tends to be in the same direction and only considers the "scientific" aspect, sometimes it actually triggers the increasing resi

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Vinnitskiy, Andrey. "Continuation of discussion on administrative responsibility of trustee in bankruptcy in light of preparation of the project of new Code of Administrative Offences of the Russian Federation." Административное и муниципальное право, no. 2 (February 2020): 1–18. http://dx.doi.org/10.7256/2454-0595.2020.2.31888.

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The subject of this research revolves the around the normative precepts pertaining to administrative responsibility of bankruptcy trustees (Part 2 and 3.1 of the Article 14.13 of the Code of Administrative Offences of the Russian Federation) in their systemic relation with other articles of the Code, regulatory norms of legislation on bankruptcy, as well as relevant provision of the legal doctrine. The author studies, generalizes and critically analyzes the vast case law of arbitration courts on the most important issues of administrative responsibility of bankruptcy trustees. The work employs

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Cradduck, Lucy, Georgia Warren-Myers, and Bianca Stringer. "Courts’ views on climate change inundation risks for developments: Australian perspectives and considerations for valuers." Journal of European Real Estate Research 13, no. 3 (2020): 435–53. http://dx.doi.org/10.1108/jerer-03-2020-0019.

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Purpose This study aims to provide a development of the courts’ views of climate change risk in planning matters as related to inundation and suggest that valuers and others involved need to be aware of the implications these views have on property matters and valuation processes and reporting. Design/methodology/approach This study engages in a legal doctrinal analysis of primary law sources, being Australian case law. It analyses decisions from Queensland, New South Wales and Victorian courts and tribunals, to establish their views of climate change risk for coastal area developments, who be

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Kuznetsov, A. P. "Aggravating circumstances." Institute Bulletin: Crime, Punishment, Correction 13, no. 2 (2019): 153–61. http://dx.doi.org/10.46741/2076-4162-2019-13-2-153-161.

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In the article on the basis of the latest amendments made to the Criminal Code of the Russian Federation circumstances aggravating the punishment are investigated, attention is drawn to some controversial legal and technical decisions in their formulation. The criminal law on the strength of influence of certain circumstances on the chosen punishment is clearly not enough, which does not contribute to enhancing the preventive role of the law, the elimination of subjectivism and discord in practice. Most scientists and practitioners support the idea of specifying, emphasizing that it will be ea

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Wardiono, Kelik, Khudzaifah Dimyati, and Absori Absori. "Law, philosophy and disasters: earthquake-handling case in Yogyakarta, Indonesia." International Journal of Law and Management 63, no. 5 (2021): 479–97. http://dx.doi.org/10.1108/ijlma-03-2020-0074.

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Purpose This paper aims to synchronize the various constitutional regulations that regulate the natural disaster management in Indonesia, especially those which apply in the Yogyakarta Special Territory after disaster through a legal interpretation and construction method to find a community empowerment-based disaster management model, which suits the Indonesian ideals of law. Design/methodology/approach This research is carried out in the Yogyakarta Special Territory province; this research uses the juridical normative method or the method with the doctrinal or the juridical normative approac

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Popov, V. V., and S. M. Smolev. "The goals of criminal punishment as a reflection of modern criminal policy." Penitentiary Science 14, no. 3 (2020): 324–30. http://dx.doi.org/10.46741/2686-9764-2020-14-3-324-330.

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The presented study is devoted to the issues of disclosing the content of the goals of criminal punishment, analyzing the possibilities of their actual achievement in the practical implementation of criminal punishment, determining the political and legal significance of the goals of criminal punishment indicated in the criminal legislation. The purpose of punishment as a definition of criminal legislation was formed relatively recently, despite the fact that theories of criminal punishment and the purposes of its application began to form long before our era. These doctrinal teachings, in ess

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"Commerciality Doctrine Derails Illegal Drug Mitigation Efforts." Bruce R. Hopkins' Nonprofit Counsel 37, no. 8 (2020): 6. http://dx.doi.org/10.1002/npc.30753.

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Adar, Yehuda. "Comparative Negligence and Mitigation of Damages: Two Doctrines in Search of Reunion." SSRN Electronic Journal, 2012. http://dx.doi.org/10.2139/ssrn.2078874.

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Robinson, Paul H. "Murder Mitigation in the Fifty-Two American Jurisdictions: A Case Study in Doctrinal Interrelation Analysis." SSRN Electronic Journal, 2014. http://dx.doi.org/10.2139/ssrn.2419475.

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Mustapha, Zakariya, Sherin Binti Kunhibava та Aishath Muneeza. "Legal and Sharīʿah non-compliance risks in Nigerian Islamic finance industry: a review of the literature". International Journal of Law and Management ahead-of-print, ahead-of-print (2020). http://dx.doi.org/10.1108/ijlma-03-2020-0075.

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Purpose The purpose of this paper is to review the literature on Islamic finance vis-à-vis legal and Sharīʿah non-compliance risks in its transactions and judicial dispute resolution in Nigeria. This is with a view to putting forward direction for future studies on the duo of legal and Sharīʿah non-compliance risks and their impact in Islamic finance. Design/methodology/approach This review is designed as an exploratory study and qualitative methodology is used in examining relevant literature comprising of primary and secondary data while identifying legal risk and Sharīʿah non-compliance ris

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Ventura, Isabel. "“They never talk about a victim’s feelings: according to criminal law, feelings are not facts”—Portuguese judicial narratives about sex crimes." Palgrave Communications 2, no. 1 (2016). http://dx.doi.org/10.1057/palcomms.2016.101.

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Abstract Sexual violence is a central dimension of what is generally called violence against women. Historically, the law has been one of the structures that has reinforced gender inequality and legitimized male seizure of women’s sexuality within and outside marriage: legally, married women had no right to sexual freedom regarding their husbands and, at the same time, non-wed women who pressed charges against white men were accused of lying and faced victim-blaming judicial practices. Since the beginning of the 1990s, Portuguese rape legislation has changed in order to recognize that sex crim

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