Academic literature on the topic 'Legals status, laws'
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Journal articles on the topic "Legals status, laws"
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Tillakhodjaeva, Khurshida D. "STATUS REGISTRATION OFFICES IN UZBEKISTAN." Journal of Social Research in Uzbekistan 02, no. 01 (January 15, 2022): 1–7. http://dx.doi.org/10.37547/supsci-jsru-02-01-01.
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This article highlights the problems and prospects of the initial activities of the registry office in Uzbekistan during the Soviet era. It also shows that the process of their implementation and the initial difficulties and obstacles after the publication of the basic laws in this area, the first laws of the Soviet state on marriage and family have legal force to register all natural affairs.
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Florea, Dumitriţa, and Narcisa Galeş. "Personal Status and Conflicts of Laws." European Journal of Law and Public Administration 9, no. 2 (December 20, 2022): 01–11. http://dx.doi.org/10.18662/eljpa/9.2/177.
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The legal status of the foreigner has always been of particular interest, as it has been found over time that the rights that a natural or legal person may have in a foreign country have particular consequences. Part of the population of a country other than the one in which he is located or lives, the foreigner who does not have Romanian citizenship, but who is found on the territory of a state, may have the status of stateless, refugee or displaced person. The foreigner's legal condition contains all the legal norms that regulate the legal acts and deeds of foreigners, natural or legal persons. The legal norms that regulate this matter are material norms that belong to Romanian law and, as such, the legal condition of the foreigner is subject to Romanian law, as the law of the forum, respectively as the law of the place where the foreigner is found. The sufficiently rich Romanian legislation that regulates the field took into account the particular nature of social relations, aiming to be as close as possible to concrete situations. The current trend, contained mainly in the provisions of the Civil Code that "liberalizes" the possibility of applying a different rule of law than the classical one, we consider to be a step forward and is in line with the obvious progress of the science of conflict law, also resulting from its historical evolution. The foreigner's legal status is made up of the set of rights and obligations they enjoy based on state legislation and according to international conventions. This means, concretely, the set of legal rules that regulate the foreigner's ability to use, i.e. the rights and obligations he has in a state as a foreigner. We emphasize that, also in the case of the legal person, the legal condition of the foreigner can be used, this being "that collective subject of law, holder of rights and obligations, whose personal status is governed by its national law".
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Kercher, Bruce. "Many Laws, Many Legalities." Law and History Review 21, no. 3 (2003): 621–22. http://dx.doi.org/10.2307/3595123.
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Peter Karsten asks why there might be a greater comparative propensity among CANZ historians than among those of the United States. Part of the reason may lie in the legal education many of us in Australia received, and in the formal legal status of many commonwealth countries until recently. As recently as the early 1970s, Australian law students were taught that English law was as significant as that made in the Australian courts. Appeals from the Australian Supreme Courts to the Privy Council were finally abolished only in 1986. From that time onward, there was a drive within the law schools to find differences from England, to look toward comparisons with other places than England.
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Ansori, Lutfil. "Regulations In Liew Of Statutes In States Of Emergency In Indonesia." Prophetic Law Review 4, no. 1 (June 1, 2022): 22–47. http://dx.doi.org/10.20885/plr.vol4.iss1.art2.
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The enactment of a Government Regulations in Lieu of Laws during states of emergency raises problems. This is evident so in the enactment of Government Regulation in Lieu of Law No. 1 of 2020 which was formed based on an emergency but used the framework of normal legal regime. Such has led to legal uncertainty and is hence vulnerable to abuse. This research was conducted to answer the problems regarding: the application of emergency laws in Indonesia and the government regulations in Lieu of Laws during states of emergency. This paper used normative legal research conducted by means of statutory, case study, and conceptual approaches. The study concludes that there have been some developments in the application of emergency law in Indonesia, since the status of the current public health emergency s is categorized as an emergency that must be responded to by legal regime in a state of emergency. From the aspect of legal regulation, it is apparent that there are various forms of emergency laws in Indonesia, and each of these legal forms has a different impact on the regulation and its legal binding power. However, the diverse arrangements of emergency laws are not supported by the standard concepts of the state of emergency and these arrangements tend to overlap which has caused ambiguity in the arrangement of emergency law in Indonesia. government regulations in lieu of laws that are stipulated the states of emergency bear the status of emergency regulations. Therefore, the issuance of a government regulations in lieu of Las in the state of emergency must comply with the legal principles of the state of emergency. On this basis, the issuance of government regulations in lieu of laws in the state of emergency must firmly determine the period of its validity as a way to ensure that the existence of the government regulations in lieu of laws does not create legal uncertainty.
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Fernández-Viña, Marcelo H., Nadya E. Prood, Adam Herpolsheimer, Joshua Waimberg, and Scott Burris. "State Laws Governing Syringe Services Programs and Participant Syringe Possession, 2014-2019." Public Health Reports 135, no. 1_suppl (July 2020): 128S—137S. http://dx.doi.org/10.1177/0033354920921817.
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Objective Law is an important factor in the diffusion of syringe services programs (SSPs). This study measures the current status of, and 5-year change in, state laws governing SSP operations and possession of syringes by participants. Methods Legal researchers developed a cross-sectional data set measuring key features of state laws and regulations governing the possession and distribution of syringes across the 50 US states and the District of Columbia in effect on August 1, 2019. We compared these data with previously collected data on laws as of August 1, 2014. Results Thirty-nine states (including the District of Columbia) had laws in effect on August 1, 2019, that removed legal impediments to, explicitly authorized, and/or regulated SSPs. Thirty-three states had 1 or more laws consistent with legal possession of syringes by SSP participants under at least some circumstances. Changes from 2014 to 2019 included an increase of 14 states explicitly authorizing SSPs by law and an increase of 12 states with at least 1 provision reducing legal barriers to SSPs. Since 2014, the number of states explicitly authorizing SSPs nearly doubled, and the new states included many rural, southern, or midwestern states that had been identified as having poor access to SSPs, as well as states at high risk for HIV and hepatitis C virus outbreaks. Substantial legal barriers to SSP operation and participant syringe possession remained in >20% of US states. Conclusion Legal barriers to effective operation of SSPs have declined but continue to hinder the prevention and reduction of drug-related harm.
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Yeoh, Peter. "Legal challenges for the cannabis industry." Journal of Money Laundering Control 23, no. 2 (January 13, 2020): 327–40. http://dx.doi.org/10.1108/jmlc-06-2019-0049.
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Purpose The purpose of this paper to examine laws and regulations applicable to cannabis in the USA and the UK, including legal reforms and international treaty obligations. Design/methodology/approach This study relies on primary data from statutes and secondary data from online and offline resources, including relevant case studies. Findings Federal laws in the USA and existing UK cannabis legal regime generally prohibit recreational use of cannabis. Increasingly, various individual states in the USA have enabled the use of cannabis health-related uses, thereby challenging the status of the UN treaties on drug enforcement. As the USA struggles to reconcile the conflicts between federal law on cannabis and individual states within its borders, much of the rest of the world, including the UK, are struggling with how best to reconcile their domestic positions with their UN treaty obligations. Social implications Recent disclosures of past recreational use of prohibited drugs by several candidates vying to be the UK Prime Minister suggests why understanding the laws governing the use of cannabis is useful and relevant to the general public. Originality/value This paper provides a general but integrated review of national laws in the USA and the UK, as well as international treaties governing the use of cannabis.
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Utama, Prof I. Made Arya. "The anomalous legal thought in building an equitable legal theory." Indonesia Prime 2, no. 1 (July 27, 2018): 33–39. http://dx.doi.org/10.29209/id.v2i1.14.
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The challenges of current and future Law Theories are not solely derived from within the Law itself, but also from the external about the law's enforceability in society. Therefore, the legal theories are currently experiencing anomalies. Legal Theory currently faced with the need to be able to bring about justice, certainty, order, and the benefits of protecting human rights as well as the sustainability of living creatures and the environment.The method applied in this article is the normative legal research method with the source of legal material from the legislation and related literature. Library study became the technique of collecting the legal material and qualitative analysis applied to the legal material which has been described to produce the conclusion of the problems studied in this article.The legal theory undergoes a shift following the perspective of legal scholars from classical times, modern times, and postmodern thinkers. The Depelovment Law Theory and Progressive Law Theory that grew up in the Postmodern era seeks to free the minds of the status quo, adopt legal ideas that are in line with the needs of the Indonesian people and the state that is moving in the crossroads of modernization. Laws are required to promote conscience implemented through legal products established by competent authorities, just laws, and laws protecting people and the environment.
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Ovechkina, Olga. "Ways to resolve conflicting issues of the status of legal entities in EU law and in the legislation of some of its member states." Law Review of Kyiv University of Law, no. 3 (November 10, 2020): 392–98. http://dx.doi.org/10.36695/2219-5521.3.2020.26.
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entities in EU member states.Many EU Member States use two criteria for determining the personal law of a legal entity: the settlement criterion and the incorporationcriterion. However, the application of the theory of settlement in determining the personal law (statute) of a legal entity actuallyimpedes the implementation of the principle of freedom of establishment contained in the TFEU, as the relocation of control centers ofthe legal entity to the state where the theory of settlement is applied. loss of legal personality of a legal entity. This position is based onthe case law of the Court of Justice.
In addition, the application of the theory of settlement and incorporation significantly complicates the process of regulating theactivities of legal entities and slows down the development of the single market in the EU.The experience of European countries in drafting an international treaty containing norms on unified legal regulation of the statusof legal entities has not proved effective. The EU has chosen other mechanisms for resolving conflicting issues of legal status of legalentities, namely: harmonization of national laws of EU member states on certain issues of legal status and activities of legal entities, aswell as the creation of new organizational and legal forms of legal entities. This partially overcomes certain issues of conflict-of-lawregulation of the status of legal entities, for example, the issue of cross-border movement of European companies, European cooperatives;in accordance with EU Directive 2019/2121, the rules of the laws of the Member States on cross-border transformation, mergersand divisions of limited liability companies should be harmonized.
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Ovechkina, Olga. "Ways to resolve conflicting issues of the status of legal entities in EU law and in the legislation of some of its member states." Law Review of Kyiv University of Law, no. 3 (November 10, 2020): 392–98. http://dx.doi.org/10.36695/2219-5521.3.2020.73.
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entities in EU member states.Many EU Member States use two criteria for determining the personal law of a legal entity: the settlement criterion and the incorporationcriterion. However, the application of the theory of settlement in determining the personal law (statute) of a legal entity actuallyimpedes the implementation of the principle of freedom of establishment contained in the TFEU, as the relocation of control centers ofthe legal entity to the state where the theory of settlement is applied. loss of legal personality of a legal entity. This position is based onthe case law of the Court of Justice.
In addition, the application of the theory of settlement and incorporation significantly complicates the process of regulating theactivities of legal entities and slows down the development of the single market in the EU.The experience of European countries in drafting an international treaty containing norms on unified legal regulation of the statusof legal entities has not proved effective. The EU has chosen other mechanisms for resolving conflicting issues of legal status of legalentities, namely: harmonization of national laws of EU member states on certain issues of legal status and activities of legal entities, aswell as the creation of new organizational and legal forms of legal entities. This partially overcomes certain issues of conflict-of-lawregulation of the status of legal entities, for example, the issue of cross-border movement of European companies, European cooperatives;in accordance with EU Directive 2019/2121, the rules of the laws of the Member States on cross-border transformation, mergersand divisions of limited liability companies should be harmonized.
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Zembatova, B. V., and I. A. Yakovlev. "Problems of Cooperation between the Caspian States: Investment and Legal Aspects." Economics and Management 26, no. 10 (December 26, 2020): 1080–91. http://dx.doi.org/10.35854/1998-1627-2020-10-1080-1091.
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Aim. The presented study aims to substantiate the objective need for legal regulation of interaction between the Caspian states in the development of Caspian resources as a starting point for balanced economic cooperation.Tasks. The authors develop baselines for analyzing the state of economic cooperation between the Caspian Five countries, laws and regulations adopted by the Caspian states to regulate interaction in the Caspian Sea; analyze the impact of the current legal regulator of relations on the possibility, nature, and directions of cooperation between the Caspian states in the investment sphere and key sectors (energy, trade, transport, etc.).Methods. This study uses general scientific methods of cognition in various aspects to substantiate approaches to analyzing the legal framework of Caspian economic cooperation, identify key problems of regulating the rights of the Caspian Five states as owners of the Caspian Sea, and propose major directions for solving these problems.Results. Analysis of laws and regulations governing the interaction between the Caspian Five states in the usage of the Caspian Sea and its resources in the context of the current stage of development of their relations shows the uncertainty of the legal status of the Caspian Sea to be the main reason for economic problems in the cooperation between the Caspian states. The identified problems determine the selection of approaches to the formation of the fundamentals of legal regulation of interaction between the Caspian states and their application to determining the content of such concepts as “the Caspian Sea as an object of law”, “legal status of the Caspian Sea”, and the principles of formation of norms regulating the legal status of the Caspian Sea serving as the main missing elements of the legal framework of cooperation between the Caspian states – the owners of the Caspian Sea and its resources.Conclusions. Establishing the legal status of the Caspian Sea has become one of the main goals and at the same time a major problem of interaction between the Caspian states in the investment sphere, energy, trade, and transport infrastructure since their unification into the five co-owners of the Caspian Sea. This problem has not been resolved to this day.
Dissertations / Theses on the topic "Legals status, laws"
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Hartwig, Wendy. "Legal status and protection of animals in South Africa." Thesis, University of Fort Hare, 2012. http://hdl.handle.net/10353/515.
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The animal welfare legislation that is discussed in this Dissertation is just a sample of the available legislation from the chosen foreign jurisdictions and South Africa. The chosen foreign jurisdictions were chosen as a lens to gain a needed perspective on South African animal welfare legislation. The legislation chosen for discussion falls within particular categories that are discussed fully in the later chapters.i Despite the fact that the animal rights and animal welfare movements are recorded to date back as far as 500B.C, the majority of jurisdictions throughout the world still consider animals to be property that can be bought, traded, hunted and after they are killed, their remains kept as trophies or souvenirs. Within these jurisdictions (which includes South Africa and the other four chosen foreign jurisdictions – Kenya, India, Switzerland and the United States of America) there is a demonstrated lack of proper enforcement of the animal welfare/animal anti-cruelty legislation, regulations and industry rules, which is made worse by the actions of uncaring, abusive and/or ignorant people. South Africa is no better or worse to the four chosen jurisdictions in that it has similar anti-cruelty/animal welfare legislation. The lack of proper enforcement of this animal welfare legislation in South Africa should be of great concern as many studies have indicated that there is a link between animal abuse/cruelty and ‘human’ abuse. The same studies also indicate that animal abusers are at a greater risk of becoming violent criminals or of committing a violent crime. For example, the Federal Bureau of Investigation has noted that most serial killers in the USA had a history of torturing, abusing and killing animals before they moved on to torturing, abusing and/or killing humans in their adult life. Needed changes to the animal welfare legislation and how people view animals should be made in South Africa to ensure that welfare of animals is protected. For example, the Government could educate people about animal welfare in order to overcome any ignorance that may be the cause of animal pain and abuse, as well as strengthening existing animal welfare legislation. The eradication of ignorance, as well as a necessary change in the current animal welfare legislation, will help to create a real change in how people view and treat i Chapter 5 and 6. [iii] animals. People will come to realise that animals exist in their own right and that they were not created to serve or to be exploited by man.
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Setrakian, Aida Alice. "Armenians in the Ottoman legal system (16th-18th centuries)." Thesis, McGill University, 2006. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=99600.
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This thesis examines the participation of Armenians in the shari'a courts of the Ottoman Empire from the 16th to the 18th centuries. Scholars have traditionally thought that Armenians in the Ottoman Empire resolved their disputes within their own communities' legal systems. However, new studies of Ottoman court records reveal that Armenians in the Ottoman Empire frequently used the shari'a courts to resolve a wide variety of disputes. There are several possible reasons to account for this frequent shari'a court use by a community that theoretically had its own courts. The first is that the Armenian millet's legal structures were perhaps exaggerated or misunderstood by previous scholars. The second is that Islamic law was not as unfavourable to dhimmis as presumed and that the shari'a courts were adequate for their needs. Finally, the way the courts applied Islamic law was sometimes advantageous to certain dhimmis.
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Troy, Beth M. "Legally bound a study of women's legal status in the ancient Near East /." Oxford, Ohio : Miami University, 2004. http://rave.ohiolink.edu/etdc/view?acc%5Fnum=miami1101850402.
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Troy, Beth M. "LEGALLY BOUND: A STUDY OF WOMEN’S LEGAL STATUS IN THE ANCIENT NEAR EAST." Miami University / OhioLINK, 2004. http://rave.ohiolink.edu/etdc/view?acc_num=miami1101850402.
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Stuntz, Jean A. "The Persistence of Castilian Law in Frontier Texas: the Legal Status of Women." Thesis, University of North Texas, 1996. https://digital.library.unt.edu/ark:/67531/metadc277693/.
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Castilian law developed during the Reconquest of Spain. Women received
certain legal rights to persuade them to move to the villages on the expanding frontier. These legal rights were codified in Las Siete Partidas, the monumental work of Castilian law, compiled in the thirteenth century. Under Queen Isabella, Castilian law became the law of all Spain. As Spain discovered, explored, and colonized the New World, Castilian law spread. The Recopilacidn de Los Leyes de Las Indias complied the laws for all the colonies. Texas, as the last area in North America settled by Spain, retained Castilian law. Case law from the Bexar Archives proves this for the Villa of San Fernando(present-day San Antonio). Castilian laws and customs persisted even on the Texas frontier.
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KIM, PILKYU. "EMPLOYMENT OF ALIENS IN THE UNITED STATES: A QUESTION OF DISCRIMINATION AS EVALUATED UNDER STANDARDS OF INTERNATIONAL LAW." Diss., The University of Arizona, 1985. http://hdl.handle.net/10150/184198.
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This study is designed to investigate discrimination in employment against resident aliens in the United States as evaluated by both U.S. practices and standards of international law and to determine whether the American treatment of aliens in employment is compatible with the international standard. In order to examine the common assertion that American practices in the treatment of aliens in employment is superior to the international minimum standard, two sets of hypotheses are tested: one on the existence of the minimum international standard, which protects aliens' rights, and the other on the American practice of requiring citizenship for employment, which deprives aliens of equal protection and thereby places the legal position of aliens below the minimum international standard. Three major sources of data for this study involve data from: (1) international arbitrations, conventions and agreements; (2) United States executive, legislative, and judicial decisions and actions; and (3) Immigration and Naturalization Service materials. The major findings indicate that the contemporary minimum international standard includes post-1945 Human Rights instruments together with the traditional minimum international standards. The most significant finding is that the contemporary minimum standard affords aliens the right to work without discrimination and confirms the relevant hypothesis in connection with the minimum standard. The study reveals that aliens in the United States are discriminated against in employment because of alienage at three different levels--federal, state, and private--with more intensity of discrimination at the federal level, despite the equal protection clause in the U.S. Constitution. The study concludes that American employment practice in the period of 1886-1971 was comparable with the international standard. On the other hand, during the 1971-1980 era, U.S. standards were below the minimum international standard as set forth by international law. This confirms the hypothesis, with some modification, that the U.S. practice of demanding citizenship for some employment has undercut the legal position of aliens so that it falls below the minimum international standard.
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Badr, Yasmine. "The foetus in Sunnī Islamic law : an introduction." Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=33868.
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The foetus and its legal status in Sunni Islamic law constitute the topic of this thesis. This topic was chosen due to two main reasons. First, it is a topic of great social relevance, particularly with regards to the issues of abortion, ensoulment and foetal rights. Second, it is a topic that has received scant scholarly attention. Indeed, we find that many scholars deal with issues related to the foetus such as inheritance, bequests and blood-money inter alia in their discussions of such issues. We do not find a work concentrating solely on the foetus, thereby gathering many rulings concerning it in a single oeuvre. Hence, given the current state of scholarship as well as the social relevance of the rulings concerning the foetus, this topic was chosen as the main theme of this thesis.This thesis explores the different tools utilized by jurists to arrive at these rulings. It tackles the issues of conception, ensoulment, abortion and gestation before proceeding to the rulings concerning the foetus' parentage, inheritance and blood-money. In doing so, it resorts to fiqh books from the four Sunni schools of law. It argues that the foetus was recognized as a "person" under the law and that great effort was extended towards securing many rights in its favour.
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Misiūnas, Eimutis. "Legal Status of Police Officers." Doctoral thesis, Lithuanian Academic Libraries Network (LABT), 2010. http://vddb.laba.lt/obj/LT-eLABa-0001:E.02~2010~D_20100901_090346-02295.
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The thesis addresses legal status of police officers by scrutinizing efficiency of the institution, identifying the key determinants of the efficiency and modeling legal measures that would allow prompt reaction to the unstable environment of the police service. Efficiency of Legal Status is analyzed via assessment of elements of the legal status and classification of those into four correlative segments. The work comprises an eight year evolution of the efficiency, its sociological indexes in police services exercising patrolling of public places, control of traffic safety and protection of secured objects. The thesis evaluates effects of social environment (community) and political and economic factors upon efficiency of legal status in general and, by scrutinizing legal regulation in each segment individually, identifies faults and shortcomings in the efficiency and evaluates readiness of police officers to exercise their functions by comparison of training programs for primary pack police officers in Lithuania, Ireland and Finland. The thesis ends with a range of proposals on legal regulation of individual segments of the legal status that would allow enhancement of efficiency of legal status and on compensatory mechanisms to maintain restored efficiency of legal status. Conclusions of the survey reveal that the legal status of police officers regulated in accordance with positivistic legal theories is inefficient and neither meets demands of police officers nor the needs... [to full text]Disertacijoje nagrinėjamas policijos pareigūnų teisinis statusas, tiriant šio viešosios teisės instituto veiksmingumą, nustatant ir įvertinant pagrindinius veiksmingumo determinantus ir modeliuojant teisines priemones, leidžiančias greitai reaguoti į kintančias policijos pareigūno veiklos sąlygas. Teisinio statuso veiksmingumas tiriamas vertinant teisinio statuso elementus, klasifikuojamus į keturis tarpusavyje koreliuojančius segmentus. Vertinama veiksmingumo pokyčio dinamika aštuonių metų laikotarpyje ir jo sociologiniai rodikliai policijos tarnybose, vykdančiose viešųjų vietų patruliavimą, eismo kontrolę ir objektų apsaugą. Disertacijoje įvertinama socialinės aplinkos (visuomenės), politinių ir ekonominių veiksnių įtaka teisinio statuso veiksmingumui apskritai ir kiekvienam teisinio statuso segmentui, analizuojamas segmentų teisinis reguliavimas, nustatant jo nepakankamumą ar ydingumą, vertinama policijos pareigūnų parengtis funkcijoms vykdyti, analizuojant ir lyginant Lietuvos Airijos ir Suomijos pirminės grandies policijos pareigūnų mokymo programas. Disertacijoje pateikiami pasiūlymai dėl teisinio statuso segmentų teisinio reguliavimo, sudarančio prielaidas didinti teisinio statuso veiksmingumą, ir dėl kompensacinių mechanizmų, skirtų palaikyti atkurtą statuso veiksmingumą. Tyrimo išvados atskleidžia, jog pagal pozityviosios teisės tradiciją reglamentuojamas ir įgyvendinamas policijos pareigūno teisinis statusas nėra veiksmingas, netenkina nei policijos pareigūnų, nei... [toliau žr. visą tekstą]
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Elleven, Russell K. (Russell Keith). "Student Legal Issues Confronting Metropolitan Institutions of Higher Education." Thesis, University of North Texas, 1996. https://digital.library.unt.edu/ark:/67531/metadc277754/.
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This study examined perceptions of student legal issues confronting metropolitan institutions of higher education. The data for the study were collected using a modified version of Bishop's (1993) legal survey. The sample for the study consisted of 44 chief student affairs officers and 44 chief legal affairs officers employed with the 44 institutions affiliated with the Coalition of Urban and Metropolitan Universities. Frequency counts and percentage distributions were employed to analyze the data. Chief student affairs officers and chief legal affairs officers have very different perception as to the most likely student legal issues to be litigated in the next ten years. Chief student affairs officers found few student legal issues highly likely to be litigated in the next 10 years. Affirmative action, sex/age discrimination, fraternities and sororities, and disabled students were the only student legal issues at least 20 percent of chief student affairs officers believed to be highly likely of litigation in the next ten years. Chief legal affairs officers believed many student legal issues would be litigated in the next 10 years. At least 20 percent of the chief legal affairs officers believed admission criteria, affirmative action, reverse discrimination, sex/age discrimination, athletic tort liability, Title IX, defaulting student loans, defamation, negligence, academic dismissals, academic dishonesty, cyberspace issues, and disabled students to be highly likely of litigation in the next ten years. Chief student affairs officers and chief legal affairs officers prepare very similarly for future student legal issues they may confront in the future. There is a large amount of crossover between professional conferences of chief student affairs officers and chief legal affairs officers. Student affairs and legal affairs officers will attend professional conferences of both groups in order to stay abreast of student legal issues. It appears chief student affairs officers are not prepared to confront many of the student legal issues highly likely to be litigated in the next ten years.
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Tremblay, Michel 1955 Feb 27. "The legal status of military aircraft in international law /." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=81237.
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Since the beginning of the history of aviation, the use of aircraft for military purposes revealed an efficient and dangerous weapon in the arsenal of a State. First it was used as observatory post, and then the aircraft took a more active role in combat until it became a destructive and deadly weapon. The definition of military aircraft in international law is not clear as States only wish to regulate international civil air navigation and not state aircraft. On the other hand, the Law of armed conflict defines the status of every aircraft with their respective duties and rights in the conduct of hostilities. The interception of civil aircraft by military aircraft shall be done in accordance with the international standards adopted by the International Civil Aviation Organization in virtue of the Chicago Convention and it's limited to determine the identity of the aircraft. The use of deadly force against civilian aircraft in flight is equivalent of pronouncing the death sentence of its occupants without the hearing of a trial. Respecting the international standards of interception of civil aircraft is a necessity.
Books on the topic "Legals status, laws"
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United States. Congress. House. Committee on the Judiciary. Chinese Temporary Protected Status Act of 1989: Report (to accompany H.R. 2929) (including cost estimate of the Congressional Budget Office). [Washington, D.C.?: U.S. G.P.O., 1989.
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Jüdische Autonomie in der frühen Neuzeit: Recht und Gemeinschaft im deutschen Judentum. Göttingen: Wallstein, 2008.
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Great Britain. Parliament. House of Lords. A bill (with the amendments) for establishing a court of civil jurisdiction in the island of Newfoundland, for a time to be limited. [London: s.n., 2005.
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Library of Congress. Congressional Research Service, ed. Laws, nominations and legal issues. New York: Nova Science Publishers, 2011.
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Joshi, Abha Singhal. Our laws. New Delhi: Multiple Action Research Group for the Department of Women and Child Development, Ministry of Human Resource Development, Government of India, 2004.
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McSwain, Gayla S. L. The legal status of women: An analysis of the NOW report and comparison of laws in South Carolina to laws in other states. [Columbia, S.C.]: South Carolina Commission on Women, 1990.
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Rutz, Nicole. Laws for youth. 2nd ed. [Springfield, Ill.]: Illinois General Assembly, Legislative Research Unit, 2000.
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Rosas, Allan. "European Union Law and National Law: A Common Legal System?" In International Actors and the Formation of Laws, 11–28. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-030-98351-2_2.
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AbstractEU law and the national laws of the EU Member States are closely interwoven. From a historical point of view, they form two different legal orders, but they may today be viewed as forming part of the same legal system. The chapter explains the relationship between EU law and national law by looking first at the status of EU law in national law and then at the relevance of national law to EU law. The status and impact of EU law in domestic legal systems have already received a great deal of attention in the legal doctrine, and the chapter therefore particularly focuses on the second aspect, which has to date received far less attention. The role domestic laws play at the EU level is examined here by looking at the different functions that Member State national laws have in an EU law context by examining the relevance of national material (substantive) and procedural and institutional laws at the EU level. This chapter concludes that the relationship between EU law and domestic laws is fundamentally different from the traditional dichotomy between public international law and domestic law. Member State national laws have directly impacted, and continue to impact, the substance of EU law. Furthermore, the way in which EU law instrumentalises domestic laws—in particular domestic institutional law—for its own purposes and harnesses national administrative bodies to the same end suggests that EU law and national law are best understood as forming a single complex system of multi-level governance.
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Bourne, Judith, and Caroline Derry. "Women’s evolving legal status." In Gender and the Law, 42–63. New York, NY : Routledge, 2018.: Routledge, 2018. http://dx.doi.org/10.4324/9781315271477-3.
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Hage, Jaap. "The Meaning of Legal Status Words." In Concepts in Law, 55–66. Dordrecht: Springer Netherlands, 2009. http://dx.doi.org/10.1007/978-90-481-2982-9_4.
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Coit, Marne, and Theodore A. Feitshans. "The United States legal system." In Food Systems Law, 10–20. Abingdon, Oxon; New York, NY: Routledge, 2020.: Routledge, 2020. http://dx.doi.org/10.4324/9780429426544-2.
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Begović, Nedim, and Emir Kovačević. "Legal status of religious communities." In Law, State and Religion in Bosnia and Herzegovina, 74–86. London: Routledge, 2021. http://dx.doi.org/10.4324/9780429266683-8.
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"Legal Status." In International Institutional Law, 985–1070. Brill | Nijhoff, 2004. http://dx.doi.org/10.1163/9789047412748_014.
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"Legal Status." In International Institutional Law, 1025–129. Brill | Nijhoff, 2018. http://dx.doi.org/10.1163/9789004381650_012.
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Chesterman, Simon, Ian Johnstone, and David M. Malone. "Legal Status." In Law and Practice of the United Nations, 113–62. Oxford University Press, 2016. http://dx.doi.org/10.1093/acprof:oso/9780199399482.003.0004.
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Guy S, Goodwin-Gill, McAdam Jane, and Dunlop Emma. "Part 1 Refugees, 3 Determination of Refugee Status: Analysis and Application." In The Refugee in International Law. Oxford University Press, 2021. http://dx.doi.org/10.1093/law/9780198808565.003.0003.
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This chapter discusses the determination of refugee status. The legal consequences that flow from the formal definition of refugee status are necessarily predicated upon determination by some or other authority that the individual or group in question satisfies the relevant legal criteria. In principle, a person becomes a refugee at the moment when he or she satisfies the definition, so that determination of status is declaratory, rather than constitutive. However, while the question of whether an individual is a refugee may be a matter of fact, whether or not he or she is a refugee within the 1951 Convention, and benefits from refugee status, is a matter of law. Problems arise where States decline to determine refugee status, or where States and the Office of the United Nations High Commissioner for Refugees (UNHCR) reach different determinations.
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Georgia, Cole. "Part VII The End of Refugeehood—Cessation and Durable Solutions, Ch.57 Cessation." In The Oxford Handbook of International Refugee Law. Oxford University Press, 2021. http://dx.doi.org/10.1093/law/9780198848639.003.0058.
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This chapter focuses on the cessation of refugee status. Questions about when, how, and why refugee status ends remain critical for academics, States, UNHCR, and refugees alike. If States are uncertain about when their responsibilities towards refugees will end, the result may be ever-stricter policies concerning borders, refugee status determination procedures, and individuals, even once they have been granted some form of protection. The changes wrought by this restrictionism would likely be to the long-term detriment of the laws, norms, and institutions of the refugee regime. Article 1C of the Refugee Convention provides an exhaustive list of ways in which refugee status can end. Due to the significant consequences of the cessation of refugee status for individuals and States, however, legal experts and UNHCR promote a strict, but contested, interpretation of article 1C.
Conference papers on the topic "Legals status, laws"
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Polo, Felipe Maia, Itamar Ciochetti, and Emerson Bertolo. "Predicting legal proceedings status." In ICAIL '21: Eighteenth International Conference for Artificial Intelligence and Law. New York, NY, USA: ACM, 2021. http://dx.doi.org/10.1145/3462757.3466138.
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Mihova-Georgieva, Anna. "LEGAL STATUS OF THE OFFICIALLY APPOINTED LIQUIDATOR." In THE LAW AND THE BUSINESS IN THE CONTEMPORARY SOCIETY 2020. University publishing house "Science and Economics", University of Economics - Varna, 2020. http://dx.doi.org/10.36997/lbcs2020.158.
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The Report aims to consider the figure of the liquidator, officially appointed by the Official Registrar at the Trade register by the Registry agency, as well as to describe in which cases and under which conditions such appointment it is necessary.
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"EUROPEAN UNION POLICY AND LEGAL STATUS (MODERN PROBLEMS)." In Current Issue of Law in the Banking Sphere. Samara State Economic University, 2019. http://dx.doi.org/10.46554/banking.forum-10.2019-154/166.
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Olsena, Solvita. "Pieaugušu cilvēku ar lemtspējas ierobežojumiem tiesības administratīvajā procesā." In Latvijas Universitātes 80. starptautiskā zinātniskā konference. LU Akadēmiskais apgāds, 2022. http://dx.doi.org/10.22364/juzk.80.43.
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The paper presents the current legal regulation of rights of persons with limited capacity in administrative procedure and suggests considering amendments to secure the implementation of norms stated in the UN Convention on the Rights of Persons with Disabilities. First, the general framework of legal capacity in Latvian law is described. Second, the procedural rights of persons with limited legal capacity in the administrative procedure in line with general regulations in Civil Law are analysed. Third, the rights of persons with limited capacity stated in Articles 12 and 13 of the Convention on the Rights of Persons with Disabilities are characterised. Finally, the development of amendments to the administrative procedure laws required for the protection of persons with limited capacity is suggested.
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Шахаева, Фатима Магомедовна. "LEGAL STATUS OF NASCITURUS IN THE HERITAGE LAW OF RUSSIA." In Наука. Исследования. Практика: сборник избранных статей по материалам Международной научной конференции (Санкт-Петербург, Декабрь 2020). Crossref, 2021. http://dx.doi.org/10.37539/srp294.2020.37.99.024.
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Данная статья посвящена исследованию вопроса о гражданско-правовом статусе насцитуруса, анализу современного законодательства, непосредственно закрепляющего правовое положение насцитуруса. This article is devoted to the study of the issue of the civil-legal status of the nastsiturus, the analysis of modern legislation, which directly enshrines the legal status of the nastsiturus.
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Kapustina, Natal'ya. "Issues of legal status of the surrogate-born child." In Problems of unification of private international law in contemporary world. Infra-M Academic Publishing House, 2013. http://dx.doi.org/10.12737/1215.14.
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Planojević, Nina. "Mere borbe sa covid – 19 u svetlu srpskih propisa o suzbijanju epidemija." In XVI Majsko savetovanje. University of Kragujevac, Faculty of Law, 2020. http://dx.doi.org/10.46793/upk20.797p.
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The subject of the author’s review are four major legal acts passed in April 2020 and the measures they foresee for supressing the COVID-19 epidemics which interfere with constitutionally guaranteed human rights. They are: The decision on declaring the disease COVID-19 inflicted by SARS-CoV-2 virus an infectious disease The Decree on declaring the epidemics of the infectious disease COVID-19, The Decision on declaring the state of emergency, The Decree on measures taken during the state of emergency. The goal of the author’s analysis is to determine whether these acts and measures are in accordance with the Constitution, the Law on the protection of population from infectious diseases and other laws which regulate supressing of epidemics. The analysis of each of these four acts are presented as a separate part of the paper. In the conslusion, the author states that generally all these acts that Serbia passed to combat COVID–19 virus were legally based, with the note that the justification for introducing this scope of restrictive measures legal professionals could not formulate independently, but only in cooperation with medical professionals.
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Kocev, Ljuben. "THE INTRODUCTION OF A SIMPLIFIED LIMITED LIABILITY COMPANY IN THE MACEDONIAN LEGISLATION – A VALID ATTEMPT FOR FOSTERING ENTREPRENEURSHIP OR JUST ANOTHER INSIGNIFICANT REASON FOR THE AMENDMENT OF THE COMPANY LAW ACT?" In Economic and Business Trends Shaping the Future. Ss Cyril and Methodius University, Faculty of Economics-Skopje, 2022. http://dx.doi.org/10.47063/ebtsf.2022.0017.
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In the past decade, there has been an ongoing trend, primarily among the EU member states, to decrease the legally required minimum capital for the establishment of limited liability companies. This was the effect of the introduction of the “1 GBP company” in the UK which resulted in the outflow of companies from other member states. Shareholders decided to set up companies in the UK instead of their home jurisdictions to take advantage of the lesser capital requirements. This was also possible due to the principle of freedom of establishment within the EU. However, with Brexit in full force, it remains to be seen whether some member states would reiterate from this practice. In the Republic of North Macedonia, the initiative for such amendment of the Company law act by the Government was launched in 2020. In September 2021 the proposal was finally adopted, resulting in the introduction of a new variant of the limited liability company – the so-called “simplified limited liability company” – a limited liability company with a minimum paid-in capital of 1 EUR. From its adoption in 2004 to this date, the Company law act has been amended more than 30 times, making it one of the most often changed legislative texts. A number of these amendments were controversial and even resulted in initiatives in front of the constitutional court for their abolishment. The paper aims to analyze the effect of the introduction of the simplified limited liability company in Macedonian legislation from a legal point of view. The analysis is focused primarily on the necessity, legal status, and effect of these forms of companies in comparison to the other forms of trade companies provided within the Macedonian Company law act. The analysis is conducted primarily through the use of the normative and comparative approach.
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Rohmat, Rohmat, Siti Khoerunnisa, and Regita Prameswari. "Position of Belief in the Status of Freedom of Religion and Belief Based on the International Law, National Law, and Islamic Law." In 1st International Conference on Indonesian Legal Studies (ICILS 2018). Paris, France: Atlantis Press, 2018. http://dx.doi.org/10.2991/icils-18.2018.52.
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Garnik, L. YU. "Legal status of the Federal Service for National Troops guard of the Russian Federation." In Scientific Trends: Law. ЦНК МОАН, 2019. http://dx.doi.org/10.18411/spc-20-05-2019-04.
Full textReports on the topic "Legals status, laws"
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Ashley, Caitlyn, Elizabeth Spencer Berthiaume, Philip Berzin, Rikki Blassingame, Stephanie Bradley Fryer, John Cox, E. Samuel Crecelius, et al. Law and Policy Resource Guide: A Survey of Eminent Domain Law in Texas and the Nation. Edited by Gabriel Eckstein. Texas A&M University School of Law Program in Natural Resources Systems, 2017. http://dx.doi.org/10.37419/eenrs.eminentdomainguide.
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Eminent Domain is the power of the government or quasi-government entities to take private or public property interests through condemnation. Eminent Domain has been a significant issue since 1879 when, in the case of Boom Company v. Patterson, the Supreme Court first acknowledged that the power of eminent domain may be delegated by state legislatures to agencies and non-governmental entities. Thus, the era of legal takings began. Though an important legal dispute then, more recently eminent domain has blossomed into an enduring contentious social and political problem throughout the United States. The Fifth Amendment to the United States Constitution states, “nor shall private property be taken for public use, without just compensation.” Thus, in the wake of the now infamous decision in Kelo v. City of New London, where the Court upheld the taking of private property for purely economic benefit as a “public use,” the requirement of “just compensation” stands as the primary defender of constitutionally protected liberty under the federal constitution. In response to Kelo, many state legislatures passed a variety of eminent domain reforms specifically tailoring what qualifies as a public use and how just compensation should be calculated. Texas landowners recognize that the state’s population is growing at a rapid pace. There is an increasing need for more land and resources such as energy and transportation. But, private property rights are equally important, especially in Texas, and must be protected as well. Eminent domain and the condemnation process is not a willing buyer and willing seller transition; it is a legally forced sale. Therefore, it is necessary to consider further improvements to the laws that govern the use of eminent domain so Texas landowners can have more assurance that this process is fair and respectful of their private property rights when they are forced to relinquish their land. This report compiles statutes and information from the other forty-nine states to illustrate how they address key eminent domain issues. Further, this report endeavors to provide a neutral third voice in Texas to strike a more appropriate balance between individual’s property rights and the need for increased economic development. This report breaks down eminent domain into seven major topics that, in addition to Texas, seemed to be similar in many of the other states. These categories are: (1) Awarding of Attorneys’ Fee; (2) Compensation and Valuation; (3) Procedure Prior to Suit; (4) Condemnation Procedure; (5) What Cannot be Condemned; (6) Public Use & Authority to Condemn; and (7) Abandonment. In analyzing these seven categories, this report does not seek to advance a particular interest but only to provide information on how Texas law differs from other states. This report lays out trends seen across other states that are either similar or dissimilar to Texas, and additionally, discusses interesting and unique laws employed by other states that may be of interest to Texas policy makers. Our research found three dominant categories which tend to be major issues across the country: (1) the awarding of attorneys’ fees; (2) the valuation and measurement of just compensation; and (3) procedure prior to suit.
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Hardberger, Amy, Abigail Adams, Jack Beasley, Rebekah Bratcher, Justin Clas, Jackson Field, Ian Gaunt, et al. Groundwater Laws and Regulations: Survey of Sixteen U.S. States Volume II. Edited by Gabriel Eckstein. Texas A&M University School of Law Program in Energy, Environmental & Natural Resources Systems, April 2022. http://dx.doi.org/10.37419/eenrs.usstategroundwaterlaws.2022.
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This report is the second volume in a continuing project designed to explore and articulate the groundwater laws and regulations of all fifty U.S. states. This particular report presents surveys for sixteen states throughout the country. The first volume featured thirteen state surveys and can be found at: http://www.law.tamu.edu/usgroundwaterlaws. The purpose of the project is to compile and present the groundwater laws and regulations of every state in the United States that could then be used in a series of comparisons of groundwater governance principles, strategies, issues, and challenges. Professor Gabriel Eckstein at Texas A&M University School of Law and Professor Amy Hardberger at Texas Tech University School of Law developed a matrix to ascertain chief components and characteristics of the groundwater legal regime of each state. Student researchers then used the matrix to respond to a standardized set of questions about the groundwater laws and regulations of a selection of states. In the near future, additional volumes with surveys of the remaining twenty-one U.S. states will be issued.
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Funk, Kellen, and Lincoln Mullen. Legal Modernism. Roy Rosenzweig Center for History and New Media, 2022. http://dx.doi.org/10.31835/legalmodernism.
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Cain, Rachel Louise, Marcus Goll, Tyler Hood, Colton Lauer, Matthew McDonough, Brett Miller, Shea Pearson, Scott Rodriguez, and Travis Riley. Groundwater Laws and Regulations: A Preliminary Survey of Thirteen U.S. States (First Edition). Edited by Gabriel Eckstein. Texas A&M University School of Law Program in Natural Resources Systems, August 2017. http://dx.doi.org/10.37419/eenrs.usstategroundwaterlaws.2017.
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This report presents preliminary results of a study investigating the groundwater laws and regulations of thirteen U.S. states. The purpose of the project is eventually to compile and present the groundwater laws and regulations of every state in the United States that could then be used in a series of comparisons of groundwater governance principles, strategies, issues, and challenges. Professor Gabriel Eckstein at Texas A&M University School of Law and Professor Amy Hardberger at Saint Mary’s University Law School developed a matrix to ascertain chief components and characteristics of the groundwater legal regime of each state. Student researchers then used the matrix to respond to a standardized set of questions about the groundwater laws and regulations of a selection of states. Before continuing with assessments of the remaining states, Professors Eckstein and Hardberger present in this report the results developed thus far, and now seek feedback about the overall project, including its objectives, methodology, and preliminary results.
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Bennett, Alexander, Contessa Gay, Ashley Graves, Thomas Long, Erin Milliken, Margaret Reed, Laura Smith, and Lauren Thomas. Groundwater Laws and Regulations: A Preliminary Survey of Thirteen U.S. States (Second Edition). Edited by Gabriel Eckstein. Texas A&M University School of Law Program in Natural Resources Systems, April 2020. http://dx.doi.org/10.37419/eenrs.usstategroundwaterlaws.2020.
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This report presents results of a study investigating the groundwater laws and regulations of thirteen U.S. states. The report is actually the second edition of the study following amendments made to the first edition in response to extensive feedback and reviews solicited from practitioners, academics, and other professionals working in the field of water law from across the country. The purpose of the project is to compile and present the groundwater laws and regulations of every state in the United States that could then be used in a series of comparisons of groundwater governance principles, strategies, issues, and challenges. Professor Gabriel Eckstein at Texas A&M University School of Law and Professor Amy Hardberger at Saint Mary’s University Law School developed a matrix to ascertain chief components and characteristics of the groundwater legal regime of each state. Student researchers then used the matrix to respond to a standardized set of questions about the groundwater laws and regulations of a selection of states. In the near future, additional volumes with surveys of other U.S. states will be issued.
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Lewis, Dustin. Three Pathways to Secure Greater Respect for International Law concerning War Algorithms. Harvard Law School Program on International Law and Armed Conflict, 2020. http://dx.doi.org/10.54813/wwxn5790.
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Existing and emerging applications of artificial intelligence in armed conflicts and other systems reliant upon war algorithms and data span diverse areas. Natural persons may increasingly depend upon these technologies in decisions and activities related to killing combatants, destroying enemy installations, detaining adversaries, protecting civilians, undertaking missions at sea, conferring legal advice, and configuring logistics. In intergovernmental debates on autonomous weapons, a normative impasse appears to have emerged. Some countries assert that existing law suffices, while several others call for new rules. Meanwhile, the vast majority of efforts by States to address relevant systems focus by and large on weapons, means, and methods of warfare. Partly as a result, the broad spectrum of other far-reaching applications is rarely brought into view. One normatively grounded way to help identify and address relevant issues is to elaborate pathways that States, international organizations, non-state parties to armed conflict, and others may pursue to help secure greater respect for international law. In this commentary, I elaborate on three such pathways: forming and publicly expressing positions on key legal issues, taking measures relative to their own conduct, and taking steps relative to the behavior of others. None of these pathways is sufficient in itself, and there are no doubt many others that ought to be pursued. But each of the identified tracks is arguably necessary to ensure that international law is — or becomes — fit for purpose. By forming and publicly expressing positions on relevant legal issues, international actors may help clarify existing legal parameters, pinpoint salient enduring and emerging issues, and detect areas of convergence and divergence. Elaborating legal views may also help foster greater trust among current and potential adversaries. To be sure, in recent years, States have already fashioned hundreds of statements on autonomous weapons. Yet positions on other application areas are much more difficult to find. Further, forming and publicly expressing views on legal issues that span thematic and functional areas arguably may help States and others overcome the current normative stalemate on autonomous weapons. Doing so may also help identify — and allocate due attention and resources to — additional salient thematic and functional areas. Therefore, I raise a handful of cross-domain issues for consideration. These issues touch on things like exercising human agency, reposing legally mandated evaluative decisions in natural persons, and committing to engage only in scrutable conduct. International actors may also take measures relative to their own conduct. To help illustrate this pathway, I outline several such existing measures. In doing so, I invite readers to inventory and peruse these types of steps in order to assess whether the nature or character of increasingly complex socio-technical systems reliant upon war algorithms and data may warrant revitalized commitments or adjustments to existing measures — or, perhaps, development of new ones. I outline things like enacting legislation necessary to prosecute alleged perpetrators of grave breaches, making legal advisers available to the armed forces, and taking steps to prevent abuses of the emblem. Finally, international actors may take measures relative to the conduct of others. To help illustrate this pathway, I outline some of the existing steps that other States, international organizations, and non-state parties may take to help secure respect for the law by those undertaking the conduct. These measures may include things like addressing matters of legal compliance by exerting diplomatic pressure, resorting to penal sanctions to repress violations, conditioning or refusing arms transfers, and monitoring the fate of transferred detainees. Concerning military partnerships in particular, I highlight steps such as conditioning joint operations on a partner’s compliance with the law, planning operations jointly in order to prevent violations, and opting out of specific operations if there is an expectation that the operations would violate applicable law. Some themes and commitments cut across these three pathways. Arguably, respect for the law turns in no small part on whether natural persons can and will foresee, understand, administer, and trace the components, behaviors, and effects of relevant systems. It may be advisable, moreover, to institute ongoing cross-disciplinary education and training as well as the provision of sufficient technical facilities for all relevant actors, from commanders to legal advisers to prosecutors to judges. Further, it may be prudent to establish ongoing monitoring of others’ technical capabilities. Finally, it may be warranted for relevant international actors to pledge to engage, and to call upon others to engage, only in armed-conflict-related conduct that is sufficiently attributable, discernable, and scrutable.
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Lewis, Dustin, Naz Modirzadeh, and Gabriella Blum. Medical Care in Armed Conflict: International Humanitarian Law and State Responses to Terrorism. Harvard Law School Program on International Law and Armed Conflict, September 2015. http://dx.doi.org/10.54813/hwga7438.
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The surge in armed conflicts involving terrorism has brought to the fore the general question of medical care in armed conflict and the particular legal protections afforded to those providing such care to terrorists. Against this backdrop, we evaluate international humanitarian law (IHL) protections for wartime medical assistance concerning terrorists. Through that lens, we expose gaps and weaknesses in IHL. We also examine tensions between IHL and state responses to terrorism more broadly. In studying the IHL regime applicable to medical care, substantive fragmentation and gaps in legal protection between states and across types of conflict emerge. These ruptures are not new. But they are increasingly noticeable as terrorism is more frequently conceptualized as forming part of armed conflicts and as more states undertake aggressive responses to terrorist threats. The U.N. Security Council has been a key driver of these responses, requiring member states to take more and broader steps to obviate terrorist threats. Yet so far the Council has not required that, in doing so, states fully exempt impartial wartime medical care, even in circumstances that would render such care protected under IHL. Rather, the Council seems to consider providing medical assistance and supplies to al-Qaeda and its associates as at least a partial ground for designating those who facilitate such care as terrorists themselves. The overall result today is unsatisfactory. By prosecuting physicians for supporting terrorists through medical care in armed conflicts, some states are likely violating their IHL treaty obligations. But in certain other instances where states intentionally curtail impartial medical care there is no clear IHL violation. Both those actual IHL violations and the lack of clear IHL violations, we think, are cause for concern. The former represent failures to implement the legal regime. And the latter highlight the non-comprehensiveness - or, at least, the indeterminateness and variability - of the normative framework.
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Kusiak, Chris, Mark D. Bowman, and Arun Prakash. Legal and Permit Loads Evaluation for Indiana Bridges. Purdue University, 2021. http://dx.doi.org/10.5703/1288284317267.
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According to federal law, routine commercial vehicles must adhere to certain limits on their load configuration in order to operate legally on interstate highways. However, states may allow for heavier or different load configurations provided that bridges on the state and county highway system are load rated and, if necessary, posted with vehicles that appropriately represent these loads. The state of Indiana allows several classes of vehicles to operate with loads that exceed federal limits, and, presently, several LFD design loads are used to represent these exceptions as state legal loads. This study evaluates the MBE rating loads for their ability to encompass Indiana’s exception vehicles and recommends a set of state rating loads which can replace the current state legal loads and, combined with the MBE rating loads, satisfactorily encompass the load effects due to these exceptions. Comparing moment and shear envelopes on a representative set of bridges, the MBE rating vehicles were found to be insufficient for representing Indiana’s exception vehicles. Three new rating loads are proposed which encompass the exception vehicles efficiently and represent realistic legal loads. Conversely, acceptable HS-20 rating factors are also provided as an alternative to the adoption of these new vehicles. These rating factors, all 1.0 or greater, can ensure a similar level of safety by requiring a specific amount of excess capacity for the HS-20 design load.
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Lewis, Dustin, ed. Database of States’ Statements (August 2011–October 2016) concerning Use of Force in relation to Syria. Harvard Law School Program on International Law and Armed Conflict, May 2017. http://dx.doi.org/10.54813/ekmb4241.
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Many see armed conflict in Syria as a flashpoint for international law. The situation raises numerous unsettling questions, not least concerning normative foundations of the contemporary collective-security and human-security systems, including the following: Amid recurring reports of attacks directed against civilian populations and hospitals with seeming impunity, what loss of legitimacy might law suffer? May—and should—states forcibly intervene to prevent (more) chemical-weapons attacks? If the government of Syria is considered unwilling or unable to obviate terrorist threats from spilling over its borders into other countries, may another state forcibly intervene to protect itself (and others), even without Syria’s consent and without an express authorization of the U.N. Security Council? What began in Daraa in 2011 as protests escalated into armed conflict. Today, armed conflict in Syria implicates a multitude of people, organizations, states, and entities. Some are obvious, such as the civilian population, the government, and organized armed groups (including designated terrorist organizations, for example the Islamic State of Iraq and Syria, or ISIS). Other implicated actors might be less obvious. They include dozens of third states that have intervened or otherwise acted in relation to armed conflict in Syria; numerous intergovernmental bodies; diverse domestic, foreign, and international courts; and seemingly innumerable NGOs. Over time, different states have adopted wide-ranging and diverse approaches to undertaking measures (or not) concerning armed conflict in Syria, whether in relation to the government, one or more armed opposition groups, or the civilian population. Especially since mid-2014, a growing number of states have undertaken military operations directed against ISIS in Syria. For at least a year-and-a-half, Russia has bolstered military strategies of the Syrian government. At least one state (the United States) has directed an operation against a Syrian military base. And, more broadly, many states provide (other) forms of support or assistance to the government of Syria, to armed opposition groups, or to the civilian population. Against that backdrop, the Harvard Law School Program on International Law and Armed Conflict (HLS PILAC) set out to collect states’ statements made from August 2011 through November 2016 concerning use of force in relation to Syria. A primary aim of the database is to provide a comparatively broad set of reliable resources regarding states’ perspectives, with a focus on legal parameters. A premise underlying the database is that through careful documentation of diverse approaches, we can better understand those perspectives. The intended audience of the database is legal practitioners. The database is composed of statements made on behalf of states and/or by state officials. For the most part, the database focuses on statements regarding legal parameters concerning use of force in relation to Syria. HLS PILAC does not pass judgment on whether each statement is necessarily legally salient for purposes of international law. Nor does HLS PILAC seek to determine whether a particular statement may be understood as an expression of opinio juris or an act of state practice (though it might be).
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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.