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Journal articles on the topic 'Standing Committee on Law and National Security'
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1
Ninth National People's Congress St. "Decision of the National People's Congress Standing Committee on Safeguarding Internet Security." Chinese Law & Government 43, no. 5 (September 2010): 36–39. http://dx.doi.org/10.2753/clg0009-4609430505.
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Zhao, Jingchao. "Standardization and Development: Brief Discussion on Chinese Quick Transaction Mechanism of Minor Criminal Case." Journal of Politics and Law 8, no. 4 (November 29, 2015): 277. http://dx.doi.org/10.5539/jpl.v8n4p277.
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<p>At present, establishment of diversified Chinese quick transaction mechanism of minor criminal case has become an important project that the judicial organ have to confront due to the reason that the simple procedure set up by Criminal Law of our country is not efficient for transacting the increasing minor criminal cases. Since 2014, Standing Committee of the National People's Congress has authorized the Supreme People's Court and the Supreme People's Procuratorate to launch reform of quick transaction mechanism of minor criminal case in 14 cities like Beijing according to the overall scheme of Central judicial system reform. Since the reform, Courts around have begun to focus on protecting the lawful rights and interests of the criminal suspect and the defendant when they are establishing quick verdict program of minor criminal cases so as to ensure the justice of the case, of which useful experience has been taken. <br />But from the perspective of judicial practice, judicial process of places is not unified because more principled rules of quick transaction mechanism of minor criminal case are launched only by the Supreme People's Court and the Supreme People's Procuratorate. Many problems occur in practice: application and scope are not inconsistent; time is too long in handle procedures before trial, which will influence efficiency; cooperation of public security unit, the inspecting authorities, and courts are not efficient; evidence system of minor criminal cases is not perfect…… These problems have restricted the function of quick transaction mechanism. Therefore, quick transaction mechanism of minor criminal case is to be standardized.</p>
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Yin, Yanhong, and Irene Wieczorek. "What model for extradition between Hong Kong and mainland China? A comparison between the 2019 (withdrawn) amendment to Hong Kong extradition law and the European Arrest Warrant." New Journal of European Criminal Law 11, no. 4 (December 2020): 504–23. http://dx.doi.org/10.1177/2032284420972190.
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This article provides an analysis of the bill proposed in 2019 to amend Hong Kong Fugitive Offenders Ordinance (FOO), Hong Kong domestic legislation on extradition. The FOO Amendment Bill introduced the possibility of, and detailed the conditions for, surrendering fugitives from Hong Kong to other regions of the People’s Republic of China (PRC), among which, controversially, mainland China. After multiple protests, the proposal was withdrawn. It nonetheless represents the first attempt of introducing a legal basis for extradition between Hong Kong and mainland China, and it is thus deserving of close scrutiny. The article describes the unique constitutional setting in which this amendment was proposed, Hong Kong and mainland China being two regions of the same sovereign country which have two radically different legal systems under the ‘One Country, Two Systems’ principle. It compares the proposed system for extradition between these two regions with the rules regulating extradition between Hong Kong and third states, and with international systems for surrender, including the European Arrest Warrant and the UN Model Extradition Treaty. It shows that the FOO Amendment Bill would have put in place a surrender system in some respects less advanced and subject to more obstacles than standard international extradition Treaties and than the system regulating extradition between Hong Kong and third countries. This is the case, for instance, for the rules on penalty thresholds and on double criminality. Conversely, in other respects, it would have been even more advanced (and with fewer obstacles) than the European Arrest Warrant, one of the most advanced systems of international surrender. This is notably the case for the rules regulating extradition of Hong Kong residents to other parts of the PRC. These latter were, however, among the more controversial aspects of the proposal. The article also discusses the challenges that reintroducing a similar proposal would face in the future, including in light of current political and legal developments – notably the Standing Committee of the National People’s Congress’s July 2020 adoption of the ‘Hong Kong National Security Law’. It suggests that one avenue to smoothen surrender proceedings between Hong Kong and mainland China would be taking a procedural rather than a substantive approach, namely by increasing the role of courts and decreasing the role of executive bodies in the extradition procedures.
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Ching, Frank. "Nationality vs ethnic identity." Asian Education and Development Studies 7, no. 2 (April 9, 2018): 223–33. http://dx.doi.org/10.1108/aeds-09-2017-0095.
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Purpose As far as governments are concerned, it is the nationality of a person, usually reflected in a passport, that shows whether the government has a duty to protect that individual and whether the person owes obligations to the state. Hong Kong is unusual in that for many people there, passports are primarily seen as documents that offer safety and security. It is not unusual for people to possess two or more passports. The purpose of this paper is to examine attitudes toward passports on the part of Hong Kong people, formed by their unique experience. Design/methodology/approach This paper analyzes key documents, such as China’s Nationality Law and a little known document, “Explanations of Some Questions by the Standing Committee of the National People’s Congress Concerning the Implementation of the Nationality Law of the People’s Republic of China in the Hong Kong Special Administrative Region.” The paper also looks at the Loh case of August 2016, involving a Canadian man who wanted a Hong Kong passport for his 11-year-old Canadian-born son, and the Patrick Tse case, where Hong Kong tried to strip a teenager who possessed German nationality of his Hong Kong passport. Findings The convenience of travel to China with a Home Return Permit seems to outweigh any sense of loyalty to an adopted country in the west, or the realization that the use of a document identifying its holder as a Chinese national means that she/he would not have any consular protection. It is also ironical that the Hong Kong Government should maintain the difference between nationality and ethnicity at a time when the Chinese Government is doing the very opposite, playing down the status of nationality while magnifying the importance of so-called “Chinese blood.” Originality/value This paper examines a topic that has not been widely studied but is likely to become more important in the years to come as China’s impact on the rest of the world increases. The nationality status of ethnic Chinese will increasingly become an issue as the flow of travel between China and other countries rises and Chinese immigrants continue to take up foreign nationality. While this issue is of special importance to Hong Kong, its impact will extend to countries around the world, in fact, to wherever Chinese persons are to be found.
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Moulds, Sarah. "Who’s watching the ‘eyes’? Parliamentary scrutiny of national identity matching laws." Alternative Law Journal 45, no. 4 (April 23, 2020): 266–69. http://dx.doi.org/10.1177/1037969x20920008.
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Scrutiny of the federal government’s proposed new identity matching laws by the Parliamentary Joint Committee on Intelligence and Security has revealed new insights into both the rights intrusive nature of these laws, and the potential impact and influence of this Committee as a component of Australia’s exclusively parliamentary model of rights protection. This Brief contains a short description of the nature of the proposed identity-matching regime – including the use of facial recognition technology – and a summary of the key concerns raised with the Parliamentary Joint Committee on Intelligence and Security.
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Ip, Eric C. "Constitutional Competition Between the Hong Kong Court of Final Appeal and the Chinese National People's Congress Standing Committee: A Game Theory Perspective." Law & Social Inquiry 39, no. 04 (2014): 824–48. http://dx.doi.org/10.1111/lsi.12036.
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The competition between the Hong Kong Court of Final Appeal, a cosmopolitan common law supreme court, and the Chinese National People's Congress Standing Committee, a Leninist parliamentary body, over the “proper meaning” of the Hong Kong Basic Law constituted a very important facet of the territory's constitutional history since the end of British rule in 1997. This article applies the insights of game theory to explain why constitutional stability, in the sense that the two players have never entered into an open collision with each other despite the ambiguity of the Basic Law and the “One Country, Two Systems” formula, endured until the present day. It is argued that successful coordination between the two resulted from the strong aversion of the Court and the Standing Committee to constitutional crises, as well as from the fact that neither entity was capable of credibly signaling its commitment to an aggressive strategy all the time.
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Ping, Yu He. "A Supplementary Regulation of the Standing Committee of the National People's Congress Regarding the Punishment for Corruption and Bribery." International Criminal Justice Review 1, no. 1 (May 1991): 116–20. http://dx.doi.org/10.1177/105756779100100108.
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Tavuyanago, Simbarashe. "An Analysis of the "National Security Interest" Provision in terms of Section 18A of the Competition Act 89 of 1998." Potchefstroom Electronic Law Journal 24 (April 9, 2021): 1–34. http://dx.doi.org/10.17159/1727-3781/2021/v24i0a6031.
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This contribution examines the implications of the "national security provision" in terms of section 18A of the Competition Act 89 of 1998 as inserted by section 14 of the Competition Amendment Act 18 of 2018. The effect of section 18A is that it confers upon the President of the Republic of South Africa power to appoint a national security committee whose mandate is to investigate mergers involving a foreign acquiring firm and determine whether such a merger would pose a threat to the "national security interests". The contribution highlights the possible challenges that the insertion of section 18A may precipitate. It argues that while the protection of national security interests is imperative, it is however not the goal of competition policy to regulate broader national security policy. In making the argument, cognisance is taken of the fact that where a gap exists in policy, legislative amendments may be used as stopgap mechanisms. The paper investigates the treatment of national security interests in foreign jurisdictions in a bid to establish whether the provision is in line with international best practice and whether any lessons may be drawn therefrom.
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Kraska, James. "National Security Considerations for a Binding Instrument on Managing Biodiversity Beyond National Jurisdiction." AJIL Unbound 112 (2018): 150–54. http://dx.doi.org/10.1017/aju.2018.43.
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The effort to negotiate and adopt a legally binding instrument to manage marine biodiversity beyond areas of national jurisdiction (BBNJ) implicates national security interests both directly and tangentially. First, negotiations for any agreement will contend with the long-standing concept that the oceans are reserved for “peaceful purposes.” The maritime powers will insist that the concept, which reflects customary law and the practice of virtually all states, does not demilitarize the oceans. Second, any BBNJ treaty must overcome two interrelated spatial issues: the geographic parameters of what constitutes “areas beyond national jurisdiction” when those maritime boundaries are often uncertain, and how measures to protect the environment interact with military activities in those areas. Naval powers will insist that requisite marine protected areas (MPAs) and associated protective measures do not diminish naval freedom of navigation and other military uses of the sea. Third, BBNJ negotiations will be compelled to address how a new treaty will relate to the United Nations Convention on the Law of the Sea (UNCLOS), a host of other treaties, and customary norms. Imperfect as the contemporary global order of the oceans is, major maritime powers and even middle powers will seek to protect it and resist efforts at radical change that may destabilize existing regimes in pursuit of an ephemeral gain for BBNJ. This strategic interest in international stability, while understandable, unintentionally creates inertia that is likely to frustrate the most progressive proponents of BBNJ. Fourth, more broadly, any treaty is likely to affect marine ecosystem services and perhaps marine genetic resources (MGR), which help propel the “blue economy” and undergird national security. We may expect most coastal states to continue to jealously protect their exclusive rights to the living and nonliving resources offshore, and even to propose expansion of those rights and jurisdiction to “adjacent areas.” The most developed states, for their part, are unlikely to agree to any text that diminishes their rights to intellectual property related to marine biotechnology, which is a strategic sector for bio-weapons research and defense. In short, states with advanced military capabilities, and major maritime powers in particular, are unlikely to support more than incremental change to the regimes reflected in UNCLOS.
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Newdick, Christopher. "Resource Allocation in the National Health Service." American Journal of Law & Medicine 23, no. 2-3 (1997): 291–318. http://dx.doi.org/10.1017/s009885880001073x.
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In the United Kingdom, how does the National Health Service (NHS or the Service) respond to the pressures imposed on it by patients, doctors and the government? What techniques for distributing resources have been adopted for managing these pressures? Part I of this Article explains the administrative evolution of the NHS. Part II discusses the legal framework surrounding the allocation of resources throughout the different tiers of the NHS: (1) from the Secretary of State for Health to health authorities, (2) from health authorities to hospitals and general practitioners (GPs), and (3) from doctors to patients. Part III comments on the case for a standing committee to advise the government on matters of resource allocation within the NHS. It also considers the legal, political, and managerial contributions to the debate and, in particular, comments on the future of the traditional notion of clinical freedom.Section A describes the culture that developed within the NHS, Section B discusses the pressure for reform that developed during the 1980s, and Section C reviews the system of the “internal market” for health that was introduced in 1990.
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Alderson, Priscilla. "Giving Children’s Views “Due Weight” in Medical Law." International Journal of Children’s Rights 26, no. 1 (March 7, 2018): 16–37. http://dx.doi.org/10.1163/15718182-02601001.
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Article 12 with its concern to give “due weight” to children’s views involves potential contradictions between human rights to self-determination and children’s rights. A set of conditions in Article 12 turns rights into highly qualified permissions that can transfer agency and control from children onto adults. These are further complicated by reports by the un Committee on the Rights of the Child and others that position children’s best interests against their expressed views, and by contrasting standards set by national laws and guidance. Theories about children’s rights in medical law differ from actual practice in reported cases, which are influenced by long-standing theories about childhood in philosophy and psychology that disregard realities in children’s lives. Barriers to due respect for children’s views in medical law and practice that need to be addressed are summarised.
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Low, Lucinda. "Opening Remarks by Lucinda Low." Proceedings of the ASIL Annual Meeting 111 (2017): 21. http://dx.doi.org/10.1017/amp.2017.91.
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When the Annual Meeting Committee began its planning process a year ago, they could not have foreseen the challenges that would confront international law and institutions following the U.S. elections, but both the committee and the Society's leadership felt that it would be important to adjust our plans to take account of this new landscape. And this is taking place throughout this annual meeting and most particularly through the three panels we're hosting at this same time each morning on “International Law and the Trump Administration,” and the first panel, as you know, today is on “National and International Security.”
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Zhang, Yang, and Xi Wang. "Provincial deficits and political centralization: evidence from the personnel management of the Chinese Communist Party." Japanese Journal of Political Science 22, no. 3 (June 17, 2021): 130–43. http://dx.doi.org/10.1017/s1468109921000098.
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AbstractThe political autonomy of Chinese provinces derives from their economic independence. After the 2008 economic crisis, budget deficits increased significantly in most Chinese provinces, making them more reliant on financial support from Beijing. Provinces suffering high deficits will lose their political clout in both local and national politics. Therefore, provinces with large deficits tend to be less resistant to the enforcement of the law of avoidance and underrepresented in the Central Committee of the Chinese Communist Party. We find that in provincial standing committees, the members who are native or have more birthplace ties are more likely to be ranked behind the outsiders, especially so in provinces with a high level of deficits. We also find that provincial-standing-committee members from high-deficit provinces have a low possibility to obtain seats in the party's Central Committee. These findings confirm the close relationship between economic independence and political autonomy of Chinese provinces. In addition, we find that the logic of economic independence cannot depict the whole picture and that regional pluralism is also an important concern when the party manages its provincial leadership teams.
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Damrosch, Lori Fisler. "Covert Operations." American Journal of International Law 83, no. 4 (October 1989): 795–805. http://dx.doi.org/10.2307/2203368.
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As the Constitution begins its third century, the system of congressional oversight of covert action is only in its second decade. In the ancient history of covert action—before the intelligence oversight reforms of the 1970s—Congress did not involve itself in covert operations. After giving the Central Intelligence Agency standing authority to “perform such other functions and duties related to intelligence affecting the national security as the National Security Council may from time to time direct,” Congress paid little attention to what the Executive did under this authority. The era of congressional noninvolvement came to an end with the Watergate disclosures of intelligence activities that many Americans found reprehensible, the ensuing investigations into assassination attempts and other controversial covert actions, and the adoption of a new statutory framework for congressional oversight of the intelligence agencies.
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Feng, Chongyi. "The NGO law in China and its impact on Overseas funded NGOs." Cosmopolitan Civil Societies: An Interdisciplinary Journal 9, no. 3 (December 1, 2017): 95–105. http://dx.doi.org/10.5130/ccs.v9i3.5601.
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The Law of the People’s Republic of China on Administration of Activities of Overseas Non-governmental Organisations in the Mainland of China (Overseas NGO Law), adopted at the 20th Meeting of the 12th Standing Committee of the National People’s Congress on 28 April 2016, came into force on 1 January 2017. The Chinese authorities explained that this new law is a major step “to standardise and guide the activities of overseas non-governmental organisations” in line with the objective of the Chinese Communist Party “to comprehensively promote the rule of law and to build a socialist country under the rule of law” . However, foreign NGOs in China have reacted to the new law with grave concern and anxiety. This article provides an analysis on the main features of the Law and assess its intention, impact and consequences.
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Huo, Zhengxin. "I. An Imperfect Improvement: The New Conflict of Laws Act of the People's Republic of China." International and Comparative Law Quarterly 60, no. 4 (October 2011): 1065–93. http://dx.doi.org/10.1017/s0020589311000534.
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On 28 October 2010, the Standing Committee of the Eleventh National People's Congress adopted China's first statute on the Conflict of Laws: the ‘Act on the Application of Laws over Foreign-related Civil Relationships’ (‘Conflicts Act’).1 The adoption was an historic event in Chinese legislative history, as it indicates China has modernised its conflict-of-law rules after many years of unremitting efforts made by legislators and scholars. More importantly, it means that ‘a socialist legal system with Chinese characteristics’ has been successfully established, and allows China to claim to have a systematic legal system.2
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Anderson, Allison, Peter Hyll-Larsen, and Jennifer Hofmann. "The Right to Education for Children in Emergencies." Journal of International Humanitarian Legal Studies 2, no. 1 (2011): 84–126. http://dx.doi.org/10.1163/187815211x586151.
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AbstractThis paper presents the key international legal instrument relevant for education, their use and links with policy frameworks and tools being developed by the humanitarian community to address education rights of children in conflict and emergencies. It describes the current thinking around the right to education in emergencies and why education is a central right to uphold from the onset of a crisis. It gives a brief introduction to how education can meet the international legal standards, as well as the international policy frameworks, such the Millennium Development Goals and Education for All. A continuous case study focuses on Cote d'Ivoire and how the right to education fared in the conflict of that country between 2000 and 2010. The paper looks at issues of enforceability and applicability of the right to education in emergencies, highlighting challenges and mechanisms at national, regional and international levels. The role of the InterAgency Network for Education in Emergencies' (INEE) Minimum Standards for Education as well as the Inter-Agency Standing Committee's (IASC) Education Cluster is discussed, again with specific reference to Cote d'Ivoire, and the centrality of existing monitoring and reporting mechanisms for child rights violations are highlighted. Bringing together all of these elements in one place and making a strong case for the use of both humanitarian and human rights law in securing the right to education in emergencies is what this article brings to the discussion, arguing that the Convention of the Rights of the Child must be seen as the most central instrument.
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Primorac, Damir, and Marko Pilić. "Sigurnost i zaštita na nogometnim utakmicama i ostalim sportskim priredbama prema rješenjima konvencije Vijeća Europe CETS br. 218." Zbornik radova Pravnog fakulteta u Splitu 56, no. 2 (May 14, 2019): 401–19. http://dx.doi.org/10.31141/zrpfs.2019.56.132.401.
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Encouraged by the violent behavior of certain football fans in Brussels at Heysel Stadium on 29 May 1985, the Council of Europe European Convention on Spectator Violence and Misbehaviour at Sports Events and in particular at Football Matches i.e. Convention no. 120 (CETS no. 120) which entered into force on 1 November 1985. Convention no. 120 retained its original features until 2013 when the Council of Ministers concluded that it was outdated and that it was not in line with the experience gained since the entry into force. Consequently, the Standing Committee decided to draft a new text of the Convention and it resulted with Convention no. 218 (CETS no. 218) i.e. Council of Europe's Convention on an Integrated Safety, Security, and Service Approach at Football Matches and Other Sports Events. Safety measures, security measures and measures in the area of services, as a key part of Convention No. 218, aim to create a safe and secure environment at all sports events. An integrated approach to safety and security requires coordination at the international, national and local levels, and emphasizes the importance of effective co-operation with the police, emergency services and other partners not only in terms of guaranteeing physical security but also in preventing discriminatory and racist behavior. The importance of establishing a national football information point has also been established as a key mediator in the exchange of information on football matches with an international character as well as for the international cooperation of state bodies essential for the safety and security at football matches. Reasons for the emergence of Convention no. 218 is not only in the prevention of violent behavior at sporting events and in improving safety and security, but also in further development and better coordination of international cooperation in the prosecution of perpetrators of such inappropriate acts.
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Alden Wily, Liz. "Compulsory Acquisition as a Constitutional Matter: The Case in Africa." Journal of African Law 62, no. 1 (February 2018): 77–103. http://dx.doi.org/10.1017/s0021855318000050.
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AbstractCompulsory acquisition of land by the state for public purposes is an entrenched feature of national constitutions. Yet the scope of private property is rarely defined. This is problematic in agrarian economies where millions own land under non-statutory arrangements that were historically excluded from recognition as property. This study examines the case in Africa where more than 650 million people are untitled customary landowners. Despite vibrant constitutional change, protection of these rights remains disappointing, while the grounds for taking land have expanded. However, this article concludes that reining in the scope of public purpose is not the most useful way forward. It would be more productive to persist in bringing constitutional force to bear on the standing of customary rights, along with democratizing procedures towards full community participation in deciding how public purpose acquisitions should proceed. The result would be greater tenure security, good governance and more peaceful relations between the state and people regarding land.
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Elliott, Mark, and Christopher Forsyth. "The Rule of Law in Hong Kong: Immigrant Children, the Court of Final Appeal and the Standing Committee of the National People's Congress." Asia Pacific Law Review 8, no. 1 (June 2000): 53–75. http://dx.doi.org/10.1023/a:1009068420128.
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Campling, Jo. "Social Policy Digest." Journal of Social Policy 24, no. 2 (April 1995): 261–80. http://dx.doi.org/10.1017/s0047279400024909.
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The Commission on Social Justice set up by the late John Smith presented its proposals for the reform of Britain's tax and benefit system in October (87—22/3—1.8). They included taxing child benefit for higher earners and abolishing married couples′ allowance, a minimum pension guarantee and a national minimum wage. A Social Security Advisory Committee (SSAC) paper on the relationship between private insurance and the state social security system concluded that state benefits must remain the major source of provision for benefits, and suggested that there is only limited scope for further development of private sector alternatives. Meanwhile the 1994 edition of social security statistics showed that 521,320 families received family credit at January 1994, an increase of 119,900 over 1993. In April 1994 there were approximately 540,000 recipients.
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Carabash, Michael P. A. "Section 273.65 of the National Defence Act: Inappropriate and Unconstitutional." Constitutional Forum / Forum constitutionnel 15, no. 1, 2 & 3 (July 24, 2011): 2006. http://dx.doi.org/10.21991/c9hq17.
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After six short weeks of debate, Bill C-36, The Anti-terrorism Act,1 passed into law on 28 November 2001. Bill C-36 was Parliament’s formal legislative response to the terrorist attacks upon the U.S. on September 11. Among other things, Bill C-36 amended the National Defence Act2 to grant the Minister of National Defence, in place of a judge, the power to authorize the Communications Security Establishment (CSE) to intercept private communications for the purpose of obtaining foreign intelligence under section 273.65. The CSE’s mandate includes acquiring and providing foreign signals intelligence.3 In this article, I argue that this amendment to the National Defence Act abolished an essential safeguard to arbitrary state actions and likely violates section 8 of the Canadian Charter of Rights and Freedoms.4 The eventual removal of section 273.65 from the National Defence Act would uphold the long-standing, appropriate, and constitutional doctrine that the power to authorize agents of the state to intercept private communications rests solely with the judiciary.
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Sitaropoulos, Nikolaos. "Migrant Ill-treatment in Greek Law Enforcement—Are the Strasbourg Court Judgments the Tip of the Iceberg?" European Journal of Migration and Law 19, no. 2 (June 16, 2017): 136–64. http://dx.doi.org/10.1163/15718166-12340005.
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Numerous instances of migrant ill-treatment, including torture, in Greek law enforcement have been recorded over a long period of time by international human rights monitoring organisations. The frequent reporting of such incidents though was not accompanied by any major judgments by the Strasbourg Court until Alsayed Allaham and Zontul in 2007 and 2012 respectively. The article provides an analysis of these first major judgments which usefully shed light on the underlying, long-standing systemic failures of the Greek law, as well as of the law enforcement and judicial authorities’ practice. It is argued that the above judgments are in fact only the tip of the iceberg. For this, the author looks into the process of supervision of these judgments’ execution by Greece, which is pending before the Council of Europe Committee of Ministers, as well as into alarming reports issued notably by the European Committee for the Prevention of Torture and the Greek Ombudsman. The article also highlights the question of racial violence that has not been tackled in the aforementioned judgments. However, the national Racist Violence Recording Network and the Greek Ombudsman have recorded numerous cases of racist violence by law enforcement officials targeting migrants and the ineffective response by the administrative and judicial authorities. The article concludes with certain recommendations in order to enhance Greek law and practice and eradicate impunity.
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Whang, Cindy. "Undermining the Consensus-Building and List-Based Standards in Export Controls: What the US Export Controls Act Means to the Global Export Control Regime." Journal of International Economic Law 22, no. 4 (November 30, 2019): 579–99. http://dx.doi.org/10.1093/jiel/jgz038.
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ABSTRACT On 13 August 2018, US President Donald Trump signed a legislation called the ‘Export Controls Act of 2018’ (ECA) that is important for reinvigorating the export control regime in the USA. This paper argues that contents of the ECA will not only impact the USA but also the way that the ECA is structured will potentially have a long-lasting influence on international export control regimes and the role that export controls play in international trade. International export control regimes were established post-World War II as a trade measure to pursue common strategic and national security goals among allied countries. Due to the sensitive nature of national security issues, international export control agreements were structured as non-binding agreements that heavily relied on the consensus of participating countries in formulating export control lists that the participating countries could then adopt in their domestic regulations. The cohesiveness of the global export control regimes has been based on the cornerstones of the consensus-building and list-based standards. The USA established its export control regimes to complement these international export control regimes and has been a strong proponent of requesting countries to adopt the international export control lists into domestic regulations. With the passage of the ECA, the infusion of economic policy considerations such as maintaining the USA’s technological leadership through adding a category of emerging and foundational technology has changed the long-standing export control narrative. Through the changes made to the US ECA, the scope of national security subject to export control regimes has expanded from being focused on military-oriented goods and technology into one that now includes commercial technology. While the changes made through the ECA serve to protect the USA’s technological interests, the statute could also undermine important elements of the global export control regime that the international community has established in the past seventy years post-World War II.
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Vikhryan, A. P., and M. V. Fedorov. "Anti-corruption education as a factor of social security." RUDN Journal of Sociology 20, no. 4 (December 15, 2020): 967–76. http://dx.doi.org/10.22363/2313-2272-2020-20-4-967-976.
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The article considers an urgent scientific issue with a clear practical orientation and related to the anti-corruption education of the youth, which is defined as an important factor of social (public) security as an integral part of national security. The authors define anti-corruption education as a specific type of social activity of the authorities and civil society institutions, which aims at raising public awareness of the nature of corruption as a negative social phenomenon, of legal and social mechanisms to combat it, and at developing the anti-corruption worldview as an element of social immunity. There is a significant number of publications on the anti-corruption education, especially of the youth. They consider various aspects of this type of social activity, analyze its implementation, assess its efficiency, show the role of law enforcement agencies in the anti-corruption education of the youth, etc. However, representatives of the scientific-expert community have not yet considered the anti-corruption education in the perspective that the authors suggest. The authors, as members of the National Committee for Public Control, an interregional public organization promoting the implementation of anti-corruption programs, interpret anti-corruption education as a serious factor of social security, as an important tool for preventing radicalization of the youth consciousness. It is the radicalization that nourishes extremism and terrorism which are real threats to social (public) security. The article provides some recommendations for developing legislation of anti-corruption education. The authors believe that public authorities and civil society institutions should more actively (and not formally) involve the student youth in anti-corruption education and use the scientific-creative potential of the younger generation.
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Brown, Lloyd Andrew. "What’s the lender liability risk for soil pollution in the People’s Republic of China? An evaluation of China’s new Soil Pollution and Control Law in the light of the USA and UK regimes." Environmental Law Review 21, no. 3 (September 2019): 173–88. http://dx.doi.org/10.1177/1461452919862972.
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On 1 January 2019, following a presidential order confirming its adoption by the Fifth Session of the Standing Committee of the 13th National People’s Congress of the People’s Republic of China (PRC), the Law of the People’s Republic of China on Soil Pollution and Control 2019 (SPC) was introduced into law. Succinctly, the SPC was enacted to deal with the vast amount of soil pollution that currently exists in China. This article’s central thesis is that, following a comparative analysis of the regulatory regimes in the USA and UK, the law creates environment-related risks for lenders. In particular, the article is concerned with the risk of lender liability, that is, where the lender itself is made directly liable for the costs of soil pollution remediation. In light of the USA and UK regimes, risk management advice is provided for obviating any prospective lender liability that may be forthcoming from the SPC. As with the regulations in other countries, it appears that the degree of ‘control’ that lenders exercise over their clients must be limited to mitigate the possible transference of any direct liability under the PRC’s principles of property rights law.
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Peng, Haiqing. "Dialectical analysis of amendment to the Criminal Procedure Law of China in 2018." Vestnik of Saint Petersburg University. Law 12, no. 2 (2021): 384–400. http://dx.doi.org/10.21638/spbu14.2021.209.
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The amendment to the Criminal Procedure Law in China in 2018 mainly involves enhancing the system for leniency based on admission of guilt and acceptance of punishment, increasing the procedure of fast-track sentencing, improving the convergence norm between the Criminal Procedure Law and the Supervision Law, and adding the procedure for trial in absentia. These improvements and additions have positive implications for the implementation of a criminal policy of leniency and strictness, for realization of the diversion of complex situations and simple situations in the proceedings, for deepening the reform of the state’s supervisory system, for realizing the people’s procuratorate’s effective performance of legal supervision, and power and for effectively punishing crimes of corruption. However, there are limitations in the amendment of the Criminal Procedure Law in 2018. In the future, the amendment to the Criminal Procedure Law can adopt both the comprehensive amendment of the National People’s Congress and the partial amendment of its Standing Committee, so as to promote the amendment of the Criminal Procedure Law in a timely and comprehensive manner. In terms of the amendment’s content, the judicial reform results and coordination between laws should be fully considered. New regulations for the new law should be clear and enforceable. In regard to law implementation, there should be sufficient time for implementation preparation after the promulgation of the new law.
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Hing, Lo Shiu. "The Politics of the Debate over the Court of Final Appeal in Hong Kong." China Quarterly 161 (March 2000): 221–39. http://dx.doi.org/10.1017/s0305741000004008.
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Before the transfer of Hong Kong's sovereignty from Britain to the People's Republic of China (PRC) on 1 July 1997, the politics of interpreting the Basic Law had already become apparent. This article aims to use the debate over the Court of Final Appeal (COFA), which was set up in July 1997 to replace the Privy Council in Britain as the court of final adjudication in the Hong Kong Special Administrative Region (HKSAR), to analyse how the Basic Law had already been interpreted by PRC officials, their British counterparts and the Hong Kong people. The interpretation of the Basic Law involves many people from both Hong Kong and China. As one legal scholar writes: “In one sense all kinds of people [in the HKSAR] will have to interpret the Basic Law: civil servants and other administrators and lawyers in their day-today work, legislators to ensure that their legislation and motions are consistent with it, the State Council [in the PRC], the National People's Congress Standing Committee, even private parties since some provisions affect private acts.” The debate over the COFA may also help towards an understanding of the ongoing interpretation of various provisions of the Basic Law, which serves as the mini-constitution of the HKSAR.
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Aubert, Maurice. "The International Committee of the Red Cross and the problem of excessively injurious or indiscriminate weapons." International Review of the Red Cross 30, no. 279 (December 1990): 477–97. http://dx.doi.org/10.1017/s0020860400200041.
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It is a truism to say that technical progress is not always beneficial to mankind because it also leads to the development of more sophisticated - i.e. more deadly - weapons. Any attempts to prohibit or restrict their use on the basis of international agreements come up against major obstacles. Even if only to ensure their own national security, States try to equip their armies with the most up-to-date weapons and, if possible, ones more sophisticated than those in a potential enemy's arsenal. But using a certain type of weapon cannot be justified if it runs counter to the general principles of law and humanity.Our remarks do not refer to particularly devastating and indiscriminate weapons such as atomic, bacteriological and chemical weapons; rather it limits itself to conventional weapons. To date, a ban on such weapons has been accepted only for those which, in view of the disparity between their military effectiveness and the degree of superfluous injury and unnecessary suffering they cause, are without any real interest as means of combat (i.e. dum-dum bullets, non-detectable fragments, exploding booby-traps in the form of harmless-looking objects). As regards militarily effective weapons (incendiary devices and mines), we cannot but hope that their use will be confined as far as possible to the actual combatants so as to avoid indiscriminate harm to civilians, civilian objects and the environment.
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Kiani, Zeynab, and Zeynab Purkhaghan. "Deportation and Extradition from an International Perspective." Journal of Politics and Law 10, no. 1 (December 29, 2016): 197. http://dx.doi.org/10.5539/jpl.v10n1p197.
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Deportation and extradition have been one of the long-standing issues in international law. After proposing new human rights' issues in the development of international law and human role in international relations, sometimes the question of deportation and extradition is in conflict with European human rights concept. It should distinguish between extradition with similar concepts such as delivery, transfer and dismissal. The extradition is the process that reflects the country's international collaboration and cooperation in the implementation of more stringent standards of criminal justice. Its successful implementation requires the cooperation of different countries in extradition with no political and security excuses. European Court of Human Rights as a judicial organ of the European Convention on Human Rights has issued sentences in its practice regarding some of these conflicts. Researcher with knowledge of neglecting the debate in the Iranian legal system, insists to evaluate the performance of the Human Rights Committee and the European Court of Human Rights in relation to deportation and extradition and procedure that the European Court has dealt using analytical methods to review the extradition from different angles and it is hoped that open a step for progress in Iran's penal policy and the legal in the international arena.
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Crowe, B. L., and I. G. Mcdonald. "Telemedicine in Australia. Recent developments." Journal of Telemedicine and Telecare 3, no. 4 (December 1, 1997): 188–93. http://dx.doi.org/10.1258/1357633971931147.
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There have been a number of important developments in Australia in the area of telemedicine. At the national level, the House of Representatives' Standing Committee on Family and Community Affairs has been conducting the Inquiry into Health Information Management and Telemedicine. The Australian Health Ministers' Advisory Council has supported the establishment of a working party convened by the South Australian Health Commission to prepare a detailed report on issues relating to telemedicine. State governments have begun a number of telemedicine projects, including major initiatives in New South Wales and Victoria and the extensive development of telepsychiatry services in Queensland. Research activities in high-speed image transmission have been undertaken by the Australian Computing and Communications Institute and Telstra, and by the Australian Navy. The matter of the funding of both capital and recurrent costs of telemedicine services has not been resolved, and issues of security and privacy of medical information are subject to discussion. The use of the Internet as a universal communications medium may provide opportunities for the expansion of telemedicine services, particularly in the area of continuing medical education. A need has been recognized for the coordinated evaluation of telemedicine services as cost-benefit considerations are seen to be very important.
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Lutfi, Lutfi. "PRAKTEK BPJS KESEHATAN DALAM PERSPEKTIF HUKUM EKONOMI SYARI’AH." LISAN AL-HAL: Jurnal Pengembangan Pemikiran dan Kebudayaan 10, no. 2 (December 9, 2016): 329–52. http://dx.doi.org/10.35316/lisanalhal.v10i2.120.
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Indonesian Ulema Council (MUI) issued a religious advice (fatwa)that the Social Security Administrator Board (BPJS) Healthcare is not appropriate with sharia law. Thatreligious advice (fatwa) was issued through decisionfrom taken conjunction (ijtima’) by religious advice (fatwa) commissions of Indonesian Ulema Council (MUI) at at-Tauhidiyah boarding school Cikura, Bojong, Tegal, Central Java, in the middle past of 2015.Indonesian Ulema Council (MUI) alleged thatthe Social Security Administrator Board (BPJS) Healthcarewhich started since the beginning of 2014 until today, in practice containing elements of gambling (maisir), deception (gharar), and usury (riba).Related to that problem, the author wanted to know the standing of problem of the Social Security Administrator Board (BPJS) Healthcare in proportion in a case study at the Social Security Administrator Board (BPJS) Healthcare in Jember regency, which dynamic and religious views. Therefore the aim of this study was to determine the practice of the Social Security Administrator Board (BPJS) Healthcare in Jember regency and to determine whether the existing mechanism in these institution is in conformity with the legal provisions of sharia economy or not.This study is qualitative research. The data collection methods that used are observation, interviews and documentation.The data obtained and analyzed using descriptive method.The validity of the data using perseverance techniqueor constancy observation.Based on the research that has been done, the result of this study are: 1) Practice ofthe Social Security Administrator Board (BPJS) Healthcare in serving members was in accordance to the provision of the National Social Security System (SJSN) Act Number 40 in 2004 and Social Security Administrator Board (BPJS) Act Number 24 in 2011 and some related regulations, such as a Presidential Regulation (Perpres); 2). According to the law of sharia economic perspective in the practice of that institution, there are several matters that appropriate to thesharia provisions, such as the mechanisms of participation and healthcare insurance. While in the aspects of the payment and fund management are not appropriate to the sharia provisions. There are extant elementsof gambling (maisir), deception (gharar), and usury (riba) in the Social Security Administrator Board (BPJS) Healthcare in Jember regency
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HRES, O. "Corruption risks in defense procurement." INFORMATION AND LAW, no. 1(36) (March 11, 2021): 128–33. http://dx.doi.org/10.37750/2616-6798.2021.1(36).238193.
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The article is devoted to the analysis of current regulations in the field of defense procurement. The importance of the problem of corruption for the people of Ukraine is highlighted. The threat to national security caused by high levels of corruption is mentioned. A number of studies on the spread of corruption in the defense sector are processed, in particular by such public organizations as the Independent Anti-Corruption Committee on Defense, Transparency International UK, Transparency International Ukraine and others. Attention is drawn to the presence of a large number of corruption risks in the defense sector. The Law of Ukraine “On Defense Procurement”, adopted by the Verkhovna Rada of Ukraine on July 17, 2020, was analyzed. Attention is paid to the fact that the Law of Ukraine “On Defense Procurement” provides for the purchase of goods, works and services for defense purposes, which is a state secret, through closed procurement, and it also regulates the absence of competitive procedures for procurement by import by making purchases directly through electronic trading platforms. Some aspects of the Law of Ukraine “On Public Procurement” used in defense procurement are considered. Based on the results of the analysis, it was concluded that the Law of Ukraine “On Defense Procurement” helps to overcome most of the corruption risks identified in the study of the Independent Anti-Corruption Committee on Defense, however, it also needs significant improvement, as some provisions contain gaps that lead to new corruption risks, if they are not corrected.
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Dordyak, Oksana. "Implementation and Guarantee of Human Right to Rest in the System of Modern International Relations." European Scientific Journal, ESJ 13, no. 10 (April 30, 2017): 70. http://dx.doi.org/10.19044/esj.2017.v13n10p70.
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This article analyzes the main challenges faced by tourists during the implementation of their right to rest. Various measures taken by states for strengthening national security are arising out of numerous terrorist threats and increasing illegal migration. All these measures are an obstacle to the effective development of tourism. Consumers and producers of travel services are forced to exercise their activity by taking into account many barriers standing in their way. Everyone's right to rest includes the right of freedom of movement, the right to liberty and personal inviolability, the right to a standard of living necessary for the maintenance of health and welfare etc. All these rights are guaranteed by major international legal instruments. Along with these rights, they contain provisions that restrict them. The article examines the main limitation of the above rights and their causes. The author explores scientific review of restrictions on the rights of freedom of movement and migration law of modern states. Violations of Human Rights are analyzed based on the example of cases reviewed by the European Court of Human Rights and the Court of Justice of the European Union. Security and human rights are two key issues that the international community is now trying to combine in regulation without any harm to anyone. The selectivity of modern visa policies provides the basis for the appearance of discrimination. This, however, is not recognized and condemned by international law. Creation of the unified international legal rules based on respect of human rights and security guarantees will facilitate the development of tourism and economy growth of developed and developing countries.
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Nai, Peng, Yuqing Luo, and Guang Yang. "The establishment of carbon trading market in People’s Republic of China." International Journal of Climate Change Strategies and Management 9, no. 2 (March 20, 2017): 138–50. http://dx.doi.org/10.1108/ijccsm-02-2016-0020.
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Purpose This study aims to propose a set of institutional frameworks, as well as practical polices and steps, with a view to facilitating the establishment of a unified carbon trading market in China. Design/methodology/approach Based on existing empirical studies and reviews of the socioeconomic contexts, this study followed a qualitative approach consisting of secondary data collection and analysis, semi-structured interviews to collect primary data and comparative analysis. Findings The establishment of a national carbon trading market in China is a systemic and complex process which requires coordination among various concerned government agencies and supporting mechanisms. Currently, the development of a unified national carbon market has been impeded by the lack of coordination among local pilot programs, and there is no specific law passed by the People’s Congress or by its Standing Committee to regulate the emerging carbon trading market. It is of vital importance for China, in terms of both practical and strategic aspects, to take a gradualist approach in establishing laws and institutions to guide and support the development of its emerging carbon market. Research limitations/implications This present study forms a part of a regional research project aiming to identify sound policy approaches for the establishment of a carbon trading market in China. Due to scope reasons, it focuses only on policy analysis and recommendations. Originality/value China’s emerging national carbon trading market has attracted much research attention. However, little has been done from the perspectives of legislations and policies.
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Sjöstedt, Britta. "The Role of Multilateral Environmental Agreements in Armed Conflict: ‘Green-keeping’ in Virunga Park. Applying the UNESCO World Heritage Convention in the Armed Conflict of the Democratic Republic of the Congo." Nordic Journal of International Law 82, no. 1 (2013): 129–53. http://dx.doi.org/10.1163/15718107-08201007.
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This article analyses the application of the 1972 United Nations Educational, Scientific and Cultural Organization (UNESCO) World Heritage Convention (the WHC) in the context of the armed conflicts that have taken place in the Virunga National Park (the Park), a natural world heritage site in the Democratic Republic of the Congo (the DRC). Instead of addressing wartime environmental damage under the law of armed conflict, this article seeks to establish how such damage can be addressed using multilateral environmental agreements (MEAs). MEAs often consist of general principles and vague obligations and their relevance or applicability during situations of armed conflict may be questioned. However, a number of MEAs, including the WHC, authorise their convention bodies to develop detailed and substantive obligations applicable to their parties. Thus, the decisions and recommendations adopted by the World Heritage Committee, a body established under the WHC, provide substantive content to the provisions of the WHC. These decisions and recommendations may, however, run counter to the requirements of military necessity thereby affecting the application of the law of armed conflict. While the position adopted by the World Heritage Committee does not inevitably imply a clash between the obligations in the WHC and the law of armed conflict, it does raise the question of whether the outstanding values of world heritage should trump the rules of military necessity and other pressing concerns during armed conflict. On an informal basis, the World Heritage Committee and the UN peacekeeping forces deployed in the DRC have agreed to perform operations that jointly address the interconnected concerns of security and conservation of natural resources in the region of the Park. This cooperative ‘green-keeping’ operation represents a useful approach to regime interaction and the harmonisation of obligations set out in different legal regimes that are applicable to the same subject matter.
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Raspa, Darren A. "Biggest Gang in Town." California History 91, no. 4 (2014): 64–66. http://dx.doi.org/10.1525/ch.2014.91.4.64.
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The police are arguably the most visible and contested apparatus of legal authority and urban power in American history. The navy blue uniform, badge, and utility belt of armaments of varying lethal potential have simultaneously been the symbols of justice, order, and security, while also representing the trappings of a virtual standing army of punitive state coercion, eliciting equal amounts of fear and admiration among the most vulnerable members of society. The traditional law enforcement historiography dictates that urban policing in its present form saw its origins in London in the first half of the nineteenth century. I contend, however, that a diverse array of social classes and communities in the American city from the mid-nineteenth century onward formed and continuously reformed the municipal police departments into their current form. This process can best be observed in the experimental process of law enforcement in San Francisco, where a diversity of political ordering and community visions competed for dominance in policing methods and ideology. The sudden convergence of a multitude of classes and ethnicities on the small peninsula of San Francisco from the late 1840s onward shaped the institution of urban policing in ways that would have national ramifications.
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AALBERTS, TANJA E., and WOUTER G. WERNER. "Mobilising uncertainty and the making of responsible sovereigns." Review of International Studies 37, no. 5 (October 17, 2011): 2183–200. http://dx.doi.org/10.1017/s0260210511000398.
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AbstractThe past few decades have witnessed a fundamental change in the perception of threats to the security of states and individuals. Issues of security are no longer primarily framed in terms of threats posed by an identifiable, conventional enemy. Instead, post-Cold War security policies have emphasised the global and radically uncertain nature of threats such as environmental degradation, terrorism and financial risks. What are the implications of this transformation for one of the constitutive principles of international society: state sovereignty? Existing literature has provided two possible answers to this question. The first focuses on the alleged need for states to seek international cooperation and to relax claims of national sovereignty. In Ulrich Beck's terminology, this would amount to a transformation of sovereign states into ‘cosmopolitan states’. The second takes the opposite position: in response to uncertain threats states rely on their sovereign prerogatives to take exceptional measures and set aside provisions of positive law. In Beck's terminology, this would amount to the creation of a ‘surveillance state’. None of these two answers, however, does justice to the complex relation between sovereignty, power and (international) law. As this article will show, the invocation of radical uncertainty has led to a transformation in sovereignty that cannot be captured in terms of the cosmopolitan/surveillance dichotomy. What is at stake is a more fundamental transformation of the way in which sovereignty is used to counter threats. Based on a study of the UN Counterterrorism Committee, this article demonstrates how state sovereignty is used as a governmental technology that aims to create proactive, responsible subjects.
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Inverarity, Lani. "Immigration Bill 2007: Special Advocates and the Right to be Heard." Victoria University of Wellington Law Review 40, no. 2 (October 5, 2009): 471. http://dx.doi.org/10.26686/vuwlr.v40i2.5264.
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The increasing role of "special advocates" in common law jurisdictions raises fundamental questions about the development of the law in response to new challenges and the extent to which individual rights can be abrogated in the name of national security. Special advocates are employed to examine and challenge classified evidence, withheld from affected persons and their legal advisors, in closed proceedings. They are, notionally, representing the affected person, but face an almost complete restriction on communication once exposed to the classified evidence. This is strikingly at odds with long-established norms of advocacy and a fair hearing, leading the United Kingdom Joint Committee on Human Rights to describe the system as "Kafkaesque". The special advocate function, widely utilised in the United Kingdom, will be statutorily introduced into New Zealand with the passing of the Immigration Bill 2007, mirroring a similar development in Canada. The Bill extends the use of classified information in immigration decision-making and allows for special advocates to examine and challenge classified evidence in review, appeal or detention proceedings. That Bill is the subject of this article.
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Pressman, Jeremy. "Power without Influence: The Bush Administration's Foreign Policy Failure in the Middle East." International Security 33, no. 4 (April 2009): 149–79. http://dx.doi.org/10.1162/isec.2009.33.4.149.
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The administration of President George W. Bush was deeply involved in the Middle East, but its efforts did not advance U.S. national security. In the realms of counterterrorism, democracy promotion, and nonconventional proliferation, the Bush administration failed to achieve its objectives. Although the United States did not suffer a second direct attack after September 11, 2001, the terrorism situation worsened as many other countries came under attack and a new generation of terrorists trained in Iraq. Large regional powers such as Egypt and Saudi Arabia did not become more democratic, with no new leaders subject to popular mandate. The model used in Iraq of democratization by military force is risky, costly, and not replicable. Bush's policy exacerbated the problem of nuclear proliferation, expending tremendous resources on a nonexistent program in Iraq while bolstering Iran's geopolitical position. The administration failed because it relied too heavily on military force and too little on diplomacy, disregarded empiricism, and did not address long-standing policy contradictions. The case of the Bush administration makes clear that material power does not automatically translate into international influence.
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Jayawickrama, Sharanya. "English in Hong Kong." PMLA/Publications of the Modern Language Association of America 131, no. 5 (October 2016): 1527–30. http://dx.doi.org/10.1632/pmla.2016.131.5.1527.
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As 2016 Draws to a Close, the Most Hotly Debated Topic in Hong Kong is the Controversial Behavior of Two Newly elected legislators of a localist political party during their oath taking at the Legislative Council earlier this year. The proindependence advocates roused anger among mainland Chinese and local Hong Kong officials and citizens alike when they declared allegiance to the “Hong Kong nation” and pronounced “China” in a way that painfully echoed for many the derogatory pronunciation used by the Japanese forces that occupied Hong Kong in World War II. Ironically, in their attempts to lobby for the Hong Kong people's interests and right to self-determination, the legislators were accused of ignoring Hong Kong's history and disrespecting those who had perished during or survived those dark days. Subsequently, China's National People's Congress Standing Committee (NPCSC) issued an interpretation of Hong Kong's Basic Law that disqualified the pair from government service and preempted any ruling by a local Hong Kong court. This decision prompted thirteen thousand Hong Kong people to take to the streets in protest against what is widely perceived as the mainland's tightening of control over its special administrative region.
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Veroneau, John K., and Catherine H. Gibson. "Presidential Tariff Authority." American Journal of International Law 111, no. 4 (October 2017): 957–69. http://dx.doi.org/10.1017/ajil.2017.69.
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As part of the “America First” agenda discussed in his inaugural address, President Donald J. Trump promised that “[e]very decision” on trade, among other areas, would be “made to benefit American workers and American families.” During its first months, the Trump Administration made a number of trade moves apparently in connection with this “America First” trade agenda, including initiating national security investigations into steel and aluminum imports under Section 232 of the Trade Expansion Act of 1962 and preparing an “omnibus” report on trade deficits. The Trump Administration also took steps to alter U.S. treaty relationships, by withdrawing from the Trans-Pacific Partnership Agreement, announcing the renegotiation of the North American Free Trade Agreement, and requesting a special session of a joint committee created under the United States-Korea Free Trade Agreement. In August 2017, President Trump continued this course—and indicated a willingness to take unilateral action against U.S. trading partners—by signing a presidential memorandum directing the United States Trade Representative to determine whether China's treatment of U.S. intellectual property warranted investigation under Section 301 et seq. of the Trade Act of 1974.
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Desch, Michael C. "America's Liberal Illiberalism: The Ideological Origins of Overreaction in U.S. Foreign Policy." International Security 32, no. 3 (January 2008): 7–43. http://dx.doi.org/10.1162/isec.2008.32.3.7.
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Why has the United States, with its long-standing Liberal tradition, come to embrace the illiberal policies it has in recent years? The conventional wisdom is that al-Qaida's attacks on the United States on September 11, 2001, and the subsequent war on terrorism have made America less Liberal. The logic of this argument is straightforward: interstate war has historically undermined domestic liberties, and the war on terrorism is causing the United States to follow this well-worn path. This explanation confronts a puzzle, however: illiberal U.S. policies—including the pursuit of global hegemony, launching of a preventive war, imposition of restrictions on civil liberties in the name of national security, and support for torture under certain circumstances—manifested themselves even before the September 11 terrorist attacks and were embraced across the political spectrum. Indeed, it is precisely American Liberalism that makes the United States so illiberal today. Under certain circumstances, Liberalism itself impels Americans to spread their values around the world and leads them to see the war on terrorism as a particularly deadly type of conflict that can be won only by employing illiberal tactics.
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Krymskay, K. V. "Establishing safety zones around fixed structures at sea on continental shelf (legal issues)." Journal of Law and Administration 15, no. 2 (October 10, 2019): 52–59. http://dx.doi.org/10.24833/2073-8420-2019-2-51-52-59.
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Introduction. Although there have been multiple studies done by both Russian and foreign specialist, one of the most poorly studied international law problems deals with interpretation and application of rules on safety of artificial islands, installations and structures. These measures encompass the coastal state’s right to enact legislation ensuring safety and security of these structures at sea.For the past ten years states have been outlining the need for review of the breadth of the safety zones around offshore installations, first and foremost, around installations and structures used for exploration and exploitation of hydrocarbon resources on the continental shelf. It’s of great importance to protect these structures, in particular from collision with ships, and to prevent accidents. The main reason behind this initiative is the increasing number of accidents on offshore oil rigs.Materials and methods. The basis for this research comprises the international treaties which set forth the regime of safety zones at sea. The materials for this paper are also commentaries of the UN Convention on the Law of the Sea 1982, as well as relevant instruments adopted by IMO, related papers from all three UN conferences on the Law of the Sea, documents issued by the International Law Commission, and the IMO Sub-committee on safety of navigation. The methodological basis of present research consists of such traditional methods as general scientific and specific methods.The results of the study. The author of this paper proves the need for elaboration of more thorough international legal regime of safety zones at sea, since it is one the most principal means to ensure safety and security of offshore structures. Among the reasons is the ambiguous practice of coastal states, based on various approaches taken on the issue of safety zone’s breadth.Discussion and conclusion. The article contains thorough analysis of the international legal regime of safety zones, outlining its flaws. Conducted research emphasizes both positive and negative aspects of applicable national legislation, as well as unravels legal norms different from those enshrined in modern international law.
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Voroshilina, N. N. "Control Methodology Competitiveness of the Processing Industry in the Republic of Belarus." Administrative Consulting, no. 1 (March 22, 2021): 43–49. http://dx.doi.org/10.22394/1726-1139-2021-1-43-49.
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The article is devoted to the problem of ensuring the competitiveness of enterprises of the manufacturing industry in the Republic of Belarus, which is one of the most important tasks of economic policy, which largely determines its national security. The article discusses three main approaches that provide the most comprehensive analysis of competitiveness.The aim of the study is to reveal the essence of the main categories: competitiveness management, the subject of competitiveness management, the goals of competitiveness management, the form of technologization of competitiveness management, methods for implementing competitiveness management functions; existing approaches to the organization of management of the competitiveness of manufacturing enterprises of the Republic of Belarus.A content analysis of the works of domestic and foreign scientists devoted to the issue of competitiveness, the Law of the Republic of Belarus on Counteracting Monopolistic Activities and the Development of Competition, the statistical collection “Regions of the Republic of Belarus. Socio-economic indicators” of the National Statistical Committee of the Republic of Belarus.Methods of comparative, logical and economic-statistical analysis were used. The paper analyzes the existing approaches to the technology of enterprise competitiveness management.It is concluded that the dependence of the value of the enterprise’s competitive advantages on the quantitative and qualitative characteristics of the aggregate of production resources requires the inclusion of the stage of assessing production resources in the competitiveness management algorithm.
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Gutman, Kathleen. "The Essence of the Fundamental Right to an Effective Remedy and to a Fair Trial in the Case-Law of the Court of Justice of the European Union: The Best Is Yet to Come?" German Law Journal 20, no. 6 (September 2019): 884–903. http://dx.doi.org/10.1017/glj.2019.67.
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AbstractThis contribution examines the developing contours of the essence of the fundamental right to an effective remedy and to a fair trial in the light of salient case-law of the Court of Justice of the European Union. It is divided into three main parts. The first part provides an overview of the meaning of the essence of fundamental rights in EU law and the scope of the inquiry in relation to Article 47 of the Charter of the Fundamental Rights of the European Union (“the Charter”). The second part evaluates the essence of the fundamental right to an effective remedy and to a fair trial in connection with justified limitations that may be placed on its exercise as provided for in Article 52(1) of the Charter within the framework of the EU system of fundamental rights protection, which in turn implicates the relationship with the Court’s case-law on national procedural autonomy, equivalence, and effectiveness. The third part delves into the essence of the fundamental right to an effective remedy and to a fair trial within the framework of the EU system of judicial protection, as illustrated by the Court’s case-law in several areas, including standing for individuals in direct actions before the EU courts, judicial independence, and restrictive measures in the Common Foreign and Security Policy. Through this analysis, the author argues that, while much awaits further refinement, certain recent developments in the Court’s case–law indicate that the essence of the fundamental right to an effective remedy and to a fair trial can play a meaningful role in the EU system of fundamental rights protection and the EU system of judicial protection more broadly, and thus the best may be yet to come as that case-law progresses in the future.
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Guillermet Fernández, Christian, and David Fernández Puyana. "Countering Terrorism and Violet Extremism While Promoting the Right of Peoples to Peace and Security in Africa." Strathmore Law Journal 3, no. 1 (August 1, 2017): 39–64. http://dx.doi.org/10.52907/slj.v3i1.28.
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The United Nations Security Council (UNSC) increasingly emphasises the need for a comprehensive approach to countering the spread of terrorism and violent extremism. In its Resolution 2178 (2014), the UNSC encourages member statesm to engage with relevant local communities and non-governmental actors in developing strategies to counter the violent extremist narrative that can incite terrorist acts. The role played by the African Commission on Human and Peoples’ Rights in the struggle against terrorism is really important. The African approach to human rights has decisively contributed to understanding, preventing and countering this phenomenon. In this line, Article 23(1) of the African Charter on Human and Peoples’ Rights (African Charter) states that all peoples shall have the right to national and international peace and security, as well as the principles of friendly relations among states, which form the basic foundation of the African Union. The African Charter does not contain enough directives to aid the enforcement of the right. The African Charter limits the whole question of peace to ensuring that an asylum-seeker does not engage in subversive activities against the country of origin or any other State Party to the African Charter, and provides a prohibition to the use of the territory of a member state for subversive or terrorist activities. Finally, on 18 November 2016, the Third Committee of the General Assembly of the United Nations adopted the Declaration on the Right to Peace, whose preambular section not only deeply deplored all acts of terrorism, but also stressed that all measures taken in the fight against terrorism must be in compliance with the obligations of states under international law.
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Tsvok, M. S. "The child’s right to freedom of expression and right to information: legal analysis." Legal horizons, no. 22 (2020): 52–57. http://dx.doi.org/10.21272/legalhorizons.2020.i22.p52.
Full textAbstract:
The article analizes normative and legal acts, which establish the child’s right to freedom of expression and right to information. It is noted that Ukraine has ratified a number of regulations, which establish certain provisions concerning the child’s right to freedom of expression, as well as the right to freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of the child’s choice. These include the Convention on the Rights of the Child (1989), the Convention on Contact Concerning Children (ETS- 192) (2006), and the European Convention on the Exercise of Children’s Rights (2006). It is mentioned that Ukraine has a State Social Program «National Action Plan for the Implementation of the UN Convention on the Rights of the Child» for the period up to 2021 (2018). Special attention is paid to the analysis of legal provisions regarding child’s use of information in the digital environment. In particular, it is stated that the Council of Europe Strategy on the Rights of the Child (2016‒2021) provides opportunities for growth in the digital world, and the Recommendation CM/Rec (2018)7 of the Committee of Ministers of the Council of Europe to member states establishes the principles of observance, protection and realization of the child’s rights in the digital environment. The article analyzes main provisions established in domestic law governing the child’s right to freedom of expression and right to information in Ukraine. At the same time, it is noticed that the implementation of these rights may be restricted by law in the interests of national security of Ukraine, its territorial integrity or public order. It is concluded that although today in Ukraine the implementation of the child’s right to freedom of expression and right to information is regulated, the national legislation in this area needs to be improved in accordance with existing international and European regulations.
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Pavlovskyi, O. "REGARDING THE SUBJECT OF THE CONTRACT FOR THE SUPPLY OF MATERIAL RESOURCES TO MILITARY UNITS (LEGAL ENTITIES UNDER PUBLIC LAW)." Uzhhorod National University Herald. Series: Law, no. 63 (August 9, 2021): 195–98. http://dx.doi.org/10.24144/2307-3322.2021.63.34.
Full textAbstract:
In accordance with Part 2 of Art. 17 of the Constitution of Ukraine, military units, first of all, are the bearers of power and act in public relations as subjects of realization of the goal set by the state in the form of repulse of possible aggression from outside, and therefore the main tasks, internal structure, subordination, reporting and control in this area is governed by constitutional and administrative law. However, in some cases, the military unit for the implementation of its tasks may act as an independent entity in civil law, and therefore, certain relations are governed not only by constitutional, administrative, economic, but also civil law. This paper will deal with contractual obligations. The supply contract is extremely important in providing Ukraine, its subjects and state entities with the necessary goods, performance of works, provision of services. In essence, the institute of contract law is a legal means of implementing state policy in the field of industrial production, construction, national defense, social assistance, science, culture, the implementation of basic social and production tasks. Currently, there is a trend aimed at increasing the budget funds used through public procurement. In this regard, an urgent problem is the effective legal regulation of public relations related to the supply of goods for public use. The regulatory framework governing these legal relations must be transparent, understandable to all participants in trade and procurement operations, operational on changes in socio-economic conditions in the country, have an anti-corruption orientation. The quality of goods purchased for the state also remains a long-standing problem. One of the topical issues for the science of civil law is the question of the subject of the contract, with which the Central Committee of Ukraine connects the conclusion of the contract, its validity and some other significant circumstances. According to case law, disputes arising from the contract are usually complicated by non-compliance by the parties with the provisions of the Civil Code of Ukraine on the subject of the contract. The article analyzes the subject of the contract for the supply of material resources to military units. Military units are considered by the author as legal entities of a subject of public law.
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Mangal, Farooq Jan. "Role of Media in Policy Making: Special reference to Afghanistan." International Journal of Social Sciences and Humanities Invention 7, no. 03 (March 14, 2020): 5821–32. http://dx.doi.org/10.18535/ijsshi/v7i03.01.
Full textAbstract:
Mass media (Radio, TV, print…) plays a crucial and vital role in information distribution and thus in the political market and public policy making. Theory predicts that information provided by mass media reflects the media’s incentives to provide news to different types of groups in society, and affects these groups’ influence in policy-making. The study emphasize on the role of mass media in political markets and its effect on public policy-making. It attempts to develop a theoretical relationship between mass media and public policy. The empirical studies have tried to assess the effect of media on policy outcomes.
Analysing various cases in Afghanistan, media influences policy makers and higher authorities to act in accordance of the suggestion and recommendations of media workers and institutions. In recent decades, policy makers have considered on media’s soft and proper demands based on their suggestions and recommendations, even many articles in Afghanistan’s constitution would be amended.
According to our findings, ‘Access to Information Law’, passed by president Ashraf Ghani, was a combine demand of policy makers, lawyers and media workers, who believed that legal information except the information that can harm national security should be accessible by locals and media workers through law. Similarly, Afghan Journalist safety committee developed a comprehensive policy against women Sexual harassment that will be discussed in the paper as a ‘Case Study’. Hence, the policy has been accepted by Government of Afghanistan and is implemented since then