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Mitigating the Risk of Autonomous Weapon Misuse by Insurgent Groups 减轻叛乱团体滥用自主武器的风险
IF 1.2 Q1 LAW Pub Date : 2022-12-30 DOI: 10.3390/laws12010005
J. Kwik
The intersection between autonomous weapon systems (‘AWS’) and non-State armed groups (‘NSAG’) is an underexplored aspect of the AWS debate. This article explores the main ways future policymakers can reduce the risk of NSAGs committing violations of the laws of armed conflict (‘LOAC’) using AWS once the technology becomes more prolific and easily distributable. It does this by sketching a chronological picture of an NSAG’s weapons obtention process, looking first at its likely suppliers and transport routes (acquisition), and, subsequently, at factors which can increase the risk of LOAC violations once the system is in their possession (use). With regard to use, we find that the lack of explicit legal obligations in LOAC to (a) review weapons meant solely for transfer and (b) provide technical training to recipients of transfer constitute serious reasons why LOAC violations may be aggravated with the introduction of AWS to insurgent groups. We also find, however, that States are uniquely and powerfully placed to address both acquisition and use factors, and outline how they can be persuaded into implementing the risk-reducing measures recommended in this article for purely strategic reasons, i.e., even if they express no interest in improving LOAC compliance per se.
自主武器系统(“AWS”)和非国家武装团体(“NSAG”)之间的交集是AWS辩论中未被充分探讨的一个方面。本文探讨了一旦AWS技术变得更加多产和易于分发,未来政策制定者可以通过哪些主要方法来降低nsg使用AWS违反武装冲突法(LOAC)的风险。为此,它按时间顺序勾勒出一个国家武装部队获取武器的过程,首先考察其可能的供应商和运输路线(获取),然后考察一旦该系统被其拥有(使用),可能增加违反《LOAC》风险的因素。在使用方面,我们发现《军事行动控制法》缺乏明确的法律义务(a)审查仅用于转让的武器和(b)向转让接受者提供技术培训,这是《军事行动控制法》违规行为可能因向叛乱团体引入AWS而加剧的严重原因。然而,我们还发现,各国在解决获取和使用因素方面处于独特而有力的地位,并概述了如何能够说服它们出于纯粹的战略原因实施本文中建议的降低风险的措施,即,即使它们对改善《公约》的遵守本身没有兴趣。
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引用次数: 1
International and National Contemporary Private Law 国际与国家当代私法
IF 1.2 Q1 LAW Pub Date : 2022-12-29 DOI: 10.3390/laws12010004
A. Avtonomov
Private international law as a branch of law still causes discussions regarding its subject, nature and sources. Therefore, all these as yet unresolved problems, having practical importance and theoretical interest, still require attention. The study is carried out using such methods as synchronous and diachronic comparative legal, historical, legal-linguistic, dialectical-materialistic, descriptive, analysis and synthesis. The present article is devoted to the main trends in the development of private international law in modern conditions from the point of view of the ratio of domestic (national) and inter-state (international and supranational) regulation. A brief historical overview provides the key to a better understanding of the current state of affairs. The competition of several factors contributing to the internationalization and nationalization of private law is one of the objects of exploration in the article. The development of private law is characterized by mutually contradictory trends, which, on the one hand, show the strengthening of the internationalization of legal regulation, and on the other hand, reflect the consolidation of the nationalization of legal means of streamlining the interaction of individuals and legal entities. The interweaving of factors (of legal and meta-legal nature) that feed both one and the other trend is specifically studied.
国际私法作为法律的一个分支,在其主体、性质和渊源方面仍引起讨论。因此,这些尚未解决的问题,既有现实意义,又有理论意义,仍然值得关注。采用同步法与历时法、历史法、法律语言法、辩证唯物法、描述法、分析综合法等方法进行研究。本文从国内(国家)和国家间(国际和超国家)规则的比例的角度探讨现代条件下国际私法发展的主要趋势。一个简短的历史概述是更好地理解当前事态的关键。促成私法国际化和国家化的几个因素的竞争是本文探讨的对象之一。私法的发展呈现出相互矛盾的趋势,一方面表现为法律规制国际化的加强,另一方面则体现为简化个人与法人互动的法律手段国家化的巩固。具体研究了助长一种趋势和另一种趋势的因素(法律和元法律性质)的交织。
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引用次数: 0
EU Institutions: Revisiting Gender Balance and Women’s Empowerment 欧盟机构:重新审视性别平衡和妇女赋权
IF 1.2 Q1 LAW Pub Date : 2022-12-26 DOI: 10.3390/laws12010003
G. Belova, A. Ivanova
Equality Gender balance between men and women is one of the most current controversial issues in recent years that provokes a number of debates, questioning whether it really exists or is instead a myth. This article examines how the issue is regulated by European Union (EU) law and to what extent the legal framework is implemented into the current composition and work of European institutions. The trend of women’s empowerment is examined on the example of some of the EU institutions, mainly the European Commission and the European Parliament. The authors point out that, at the moment, three of the institutions included in the single institutional framework of the EU are headed by women—Ursula von der Leyen, Roberta Metsola, and Christine Lagarde—and the European Ombudsman is a woman. This represents an undisputed achievement in the field of gender balance at a higher political level within the EU as well as the appointment of the first-ever commissioner for equality. The newest secondary legislation framework is observed: Directive 2019/1158/EU on work–life balance and the latest development with regard to the female representation on corporate boards (Women on Boards Directive). The article also concludes that while some of the institutions have managed to make steps towards a real gender balance during recent years, not all of the Member States have experienced such progress, and this is evident in the organization and work of the Council of the EU. Although the introduction of quotas for women on company boards has been assessed ambiguously, it represents a necessary action ‘to break the glass ceiling’ and would give a new impetus to women’s empowerment within the EU.
平等男女之间的性别平衡是近年来最具争议的问题之一,引发了许多争论,质疑它是否真的存在或只是一个神话。本文探讨了欧洲联盟(EU)法律如何规范这一问题,以及在多大程度上将法律框架落实到欧洲机构的当前组成和工作中。以一些欧盟机构为例,主要是欧洲委员会和欧洲议会,研究了赋予妇女权力的趋势。作者指出,目前,欧盟单一体制框架中的三个机构由女性领导——乌尔苏拉·冯德莱恩、罗伯塔·梅索拉和克里斯蒂娜·拉加德——而欧洲监察员是一名女性。这是欧盟内部更高政治级别在性别平衡领域取得的无可争议的成就,也是首位平等事务专员的任命。观察到最新的二级立法框架:关于工作与生活平衡的第2019/1158/EU号指令,以及关于女性在公司董事会代表权的最新发展(《董事会女性指令》)。文章还得出结论,虽然一些机构近年来设法采取措施实现真正的性别平衡,但并非所有成员国都取得了这样的进展,这在欧盟理事会的组织和工作中是显而易见的。尽管对公司董事会女性配额的引入评估不明确,但这是“打破玻璃天花板”的必要行动,将为欧盟内部的女性赋权提供新的动力。
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引用次数: 0
Adolescent Capacity to Consent to Participate in Research: A Review and Analysis Informed by Law, Human Rights, Ethics, and Developmental Science 青少年同意参与研究的能力:法律、人权、伦理和发展科学的回顾与分析
IF 1.2 Q1 LAW Pub Date : 2022-12-23 DOI: 10.3390/laws12010002
Benjamin Mathews
Contemporary societies pose major challenges for adolescents and it is essential to conduct research with them to understand their experiences, identify their needs, and discover solutions to major social problems. Social science, humanities and health-related research into violence, technology, and climate change exemplify vital research endeavours requiring adolescent participation to advance Sustainable Development Goals and enhance individual lived experience and societal flourishing for current and future generations. International and national research ethics guidelines emphasise the necessity to conduct research to advance societal benefit, while upholding principles of autonomy and justice, and promoting participant welfare and avoiding harm. International human rights instruments promote adolescents’ freedom of expression and right to participate in matters affecting them. The rapid generation of robust research findings is essential, but it remains commonly assumed that adolescents cannot provide their own consent to participate in research studies, and the belief that parental consent is required can impede and impair the entire research process. Debate continues about the proper interpretation of legal principles and research ethics guidelines about who may provide consent. Continuing confusion about who must provide consent, and why, impedes the protection of adolescents’ interests and the advancement of society. This article adds to knowledge by providing a multidisciplinary overview of evidence from developmental science, social science, law, human rights, and bioethics about decision-making capacity and entitlements in the context of research participation, and an updated evidence-based analysis of adolescents’ capacity to provide their own consent to participate in social, humanities and health-related research. A conservative application of knowledge from these domains both individually and collectively supports conclusions that adolescents aged 16 are able to provide their own consent to participate in research, and no legal or ethical principle requires the provision of parental consent on their behalf. Practical considerations may support parental involvement in conversations about participation, and some types of research require trauma-informed approaches, but adolescents are developmentally, legally and ethically entitled to make their own decision about whether or not to participate.
当代社会给青少年带来了重大挑战,必须与他们一起进行研究,以了解他们的经历,确定他们的需求,并发现重大社会问题的解决方案。对暴力、技术和气候变化的社会科学、人文科学和健康相关研究是重要的研究工作的典范,需要青少年参与,以推进可持续发展目标,增强个人生活体验,促进当代和子孙后代的社会繁荣。国际和国家研究伦理准则强调开展研究以促进社会利益的必要性,同时坚持自主和正义的原则,促进参与者的福利和避免伤害。国际人权文书促进青少年的言论自由和参与影响他们的事务的权利。快速产生强有力的研究结果是至关重要的,但人们仍然普遍认为,青少年无法提供自己的同意来参与研究,而认为需要父母同意可能会阻碍和损害整个研究过程。关于谁可以提供同意的法律原则和研究伦理准则的正确解释,争论仍在继续。关于谁必须同意以及为什么必须同意的持续困惑阻碍了对青少年利益的保护和社会进步。本文通过提供发展科学、社会科学、法律、人权和生物伦理学关于参与研究的决策能力和权利的证据的多学科综述,以及对青少年自愿参与社会、,人文学科和健康相关研究。保守地应用这些领域的知识,无论是个人还是集体,都支持这样的结论,即16岁的青少年能够提供自己的参与研究的同意,并且没有任何法律或伦理原则要求代表他们提供父母的同意。实际考虑可能支持父母参与有关参与的对话,某些类型的研究需要创伤知情的方法,但青少年在发展、法律和道德上有权自行决定是否参与。
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引用次数: 5
Parent-Child Relationship in the Civil Code of China 中国民法典中的亲子关系
IF 1.2 Q1 LAW Pub Date : 2022-12-22 DOI: 10.3390/laws12010001
Wenting You
The purpose of this article is to familiarize readers with the Chinese Civil Code, which entered into force in early 2021, and to draw their attention to the changes brought about by the Marriage and Family Book, which is now included in Volume V of the new code. The paternity system best reflects the changes in the Chinese Marriage and Family Book, especially Article 1073. A complete paternity system includes presumption, claim, and denial of the parent-child relationship. However, Article 1073 of the Civil Code, which regulates the parent-child relationship, is a guiding provision with a lack of operational rules. It is necessary to make general rules for operation and enforcement by adding supporting rules, including the presumption of legitimate children, the claim of children born out of wedlock, the denial of legitimate children, and other operational rules, to resolve paternity disputes. The Civil Code also makes changes to the adoption system in the Marriage and Family Book, mainly by further restricting the conditions for adopters with the aim of protecting the interests of the adoptee children. Although the Chinese Civil Code retains the concepts of legitimate and illegitimate children, in essence, there is no difference in their rights and legal status, including the right to inheritance. In conclusion, the legislative norms of paternity determination improve the Chinese paternity system, but lack operability, and it is important to accumulate experience through practice and draw on custom and jurisprudence to develop specific operational rules that complement the legislative provisions. This is exactly what this paper will address and the knowledge gap it will fill.
本文的目的是让读者熟悉于2021年初生效的《中国民法典》,并提请他们注意《婚姻家庭手册》所带来的变化,该手册现已纳入新民法典的第五卷。父权制度最能反映《中国婚姻家庭法典》的变化,尤其是第1073条。一个完整的亲子关系制度包括对亲子关系的推定、主张和否认。然而,《民法典》第1073条对亲子关系的规定是指导性的,缺乏可操作性的规则。有必要制定操作和执行的总则,增加合法子女推定、非婚生子女主张、否认合法子女等操作规则,解决亲子纠纷。《民法典》还对《婚姻家庭书》中的收养制度进行了修改,主要是进一步限制了收养人的条件,目的是保护被收养儿童的利益。中国民法典虽然保留了合法子女和非合法子女的概念,但实质上,他们的权利和法律地位没有区别,包括继承权。综上所述,亲子鉴定的立法规范完善了中国的亲子鉴定制度,但缺乏可操作性,需要通过实践积累经验,借鉴习俗和法理,制定具体的操作规则,与立法规定相辅相成。这正是本文要解决的问题,它将填补知识空白。
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引用次数: 2
Spatial Nature and Geographical Characteristics of Drug Crime in Hungary 匈牙利毒品犯罪的空间性质与地理特征
IF 1.2 Q1 LAW Pub Date : 2022-12-19 DOI: 10.3390/laws11060090
S. Mátyás, Endre Nyitrai
Relatively few people in Hungary deal with the investigation of the spatial nature of crime. In connection with drug crime, we rarely find research dealing with this topic. The study shows why it is difficult to examine the spatiality of various drug-related crimes. It describes the main spatial trends of crime and the presence of criminal organizations in the field of drug trafficking by analyzing the criminal statistics data of the past decades. Political and drug policy changes, as well as the activities of criminal organizations at the international level, are usually hidden behind the spatial changes. In all cases, these also have a significant impact on the spatial distribution of drug use. The present research is primarily looking to answer whether there is a connection between the main focal points of organized crime and the centers of drug crime.
匈牙利从事犯罪空间性质调查的人相对较少。关于毒品犯罪,我们很少找到涉及这一主题的研究。这项研究表明了为什么很难检查各种毒品犯罪的空间性。它通过分析过去几十年的犯罪统计数据,描述了毒品贩运领域犯罪的主要空间趋势和犯罪组织的存在。政治和毒品政策的变化,以及犯罪组织在国际一级的活动,通常隐藏在空间变化的背后。在所有情况下,这些也对药物使用的空间分布产生重大影响。目前的研究主要是为了回答有组织犯罪的主要焦点和毒品犯罪中心之间是否存在联系。
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引用次数: 0
The Rule of Law and Human Mobility in the Age of Global Compacts: Relativizing the Risks and Gains of Soft Normativity? 全球契约时代的法治与人口流动:相对化软规范的风险与收益?
IF 1.2 Q1 LAW Pub Date : 2022-12-15 DOI: 10.3390/laws11060089
M. Panizzon, Daniela Vitiello, T. Molnár
The 2016 New York Declaration,1 for the first time in United Nations (UN) history, coalesced a diverging palette of regional and a few multilateral efforts before the UN General Assembly [...]
2016年《纽约宣言》,1在联合国(UN)历史上首次,在联合国大会之前结合了不同的区域和一些多边努力[…]
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引用次数: 3
Refugees as Migrant Workers after the Global Compacts? Can Labour Migration Serve as a Complementary Pathway for People in Need of Protection into Sweden and Germany? 全球契约之后的难民移民工人?劳工移民能否成为需要保护的人进入瑞典和德国的补充途径?
IF 1.2 Q1 LAW Pub Date : 2022-12-06 DOI: 10.3390/laws11060088
Zvezda Vankova
Both the Global Compact for Safe, Orderly and Regular Migration and the Global Compact on Refugees commit states to diversify and expand on labour migration opportunities, in particular by facilitating work-based ‘complementary pathways’ for the admission of refugees. Yet, almost four years after their adoption, such pathways remain limited in many cases. It is the aim of this article to examine the constraints posed by existing immigration laws to serve as an admission ground for people in need of protection and the key legal, policy and political issues that need to be addressed to allow the commitments related to labour migration pathways contained in the Compacts to be implemented in national legal systems. In so doing, this article applies a legal and political feasibility lens to evaluate why these pathways for persons in need of protection are often small-scale, underutilized by employers and unwelcoming to potential refugees. It employs a comparative case study methodology drawing on more than 30 semi-structured interviews with stakeholders at the international and national levels in Germany and Sweden. The article concludes that the main challenge to the political feasibility of opening work-based complementary pathways for refugees is politicians’ and policy makers’ traditional thinking of migration and asylum as separate domains. When it comes to challenges to legal feasibility, these stem from entry requirements, lack of sufficient interest among employers who are a key stakeholder in the facilitation of such pathways, as well as issues related to the security of status of potential beneficiaries of such measures.
《安全、有序和定期移民全球契约》和《难民问题全球契约》都承诺各国实现劳动力移民机会的多样化和扩大,特别是为接纳难民提供基于工作的“互补途径”。然而,在它们被收养近四年后,在许多情况下,这种途径仍然有限。这篇文章的目的是审查现有移民法作为需要保护的人的准入条件所带来的限制,以及需要解决的关键法律、政策和政治问题,以便在国家法律体系中实施《契约》中所载的与劳工移民途径有关的承诺。在这样做的过程中,本文运用了法律和政治可行性的视角来评估为什么需要保护的人的这些途径往往是小规模的,雇主没有充分利用,而且不受潜在难民的欢迎。它采用了一种比较案例研究方法,利用了对德国和瑞典国际和国家层面利益攸关方的30多次半结构化访谈。文章的结论是,为难民开放基于工作的补充途径的政治可行性面临的主要挑战是政治家和政策制定者将移民和庇护视为单独领域的传统思维。当涉及到对法律可行性的挑战时,这些挑战源于准入要求、作为促进此类途径的关键利益相关者的雇主缺乏足够的兴趣,以及与此类措施潜在受益人身份安全相关的问题。
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引用次数: 1
Consumers as Unassisted Minors: Asymmetrical Sanction for Unfair Contract Terms 未成年人消费者:不正当合同条款的不对称制裁
IF 1.2 Q1 LAW Pub Date : 2022-11-29 DOI: 10.3390/laws11060087
Grzegorz J. Blicharz
The consumer distance contract regulated within the European Union was compared to the Roman law solution known by its medieval name as negotium claudicans, thus to the contract with unassisted pupilli (children under the age of puberty, i.e., minors). This article builds on this comparison and applies it to yet another EU directive which follows even more closely the idea to interfere with the binding nature of contractual terms. The recent case law of the CJEU regarding the sanction enclosed in the Article 6(1) of Directive 93/13/EEC, its implementation into national laws, and the standpoints of various legal doctrines especially in Polish law inspire to ask about the nature of sanction for unfair contract terms and its importance for the modern discussion on the typology of nullity. The paper tries to answer these questions by marrying solutions applied in different times and contexts. It compares the EU sanction with the Roman law of contracts with unassisted minors and with its legacy in European and South African law. Both examples, according to us, are related by the similar nature of the sanctions which bear strikingly similar characteristics: they are asymmetrical and escape the modern typologies of nullity.
欧盟规定的消费者距离合同被比作罗马法的解决方案,其中世纪名称为“协商”(negotium claudicans),因此是与未受帮助的瞳孔(青春期以下的儿童,即未成年人)签订的合同。本文以这种比较为基础,并将其应用于另一项欧盟指令,该指令更密切地遵循了干涉合同条款约束性的想法。欧洲法院最近关于93/13/EEC指令第6(1)条所载制裁的判例法,其在国家法律中的实施情况,以及各种法律理论的立场,特别是波兰法律的立场,激发了人们对不公平合同条款制裁的性质及其对现代讨论无效类型的重要性的疑问。本文试图通过结合不同时代和背景的解决方案来回答这些问题。它将欧盟的制裁与罗马法中与无人帮助的未成年人签订的合同进行了比较,并将其与欧洲和南非法律中的遗产进行了比较。我们认为,这两个例子都与制裁的相似性质有关,这些制裁具有惊人的相似特征:它们是不对称的,并且逃脱了现代的无效类型学。
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引用次数: 0
A Discourse on Restorative Practice—Participants’ Views of a Divergent Ideology 论恢复性实践——参与者对不同意识形态的看法
IF 1.2 Q1 LAW Pub Date : 2022-11-28 DOI: 10.3390/laws11060086
Thomas Procter-Legg
This study is a discourse on restorative practice as a divergent epistemological ideology. It explores the field of restorative practice (RP) through thematic analysis of discursive captures from restorative practitioners and researchers within or associated with the Global Alliance for Restorative Justice and Social Justice. It includes elements of what could loosely be considered ethnographic research due to the time spent within restorative spaces, whilst analysing and processing the data. Methods include a restorative approach to research design, using online surveys as prerequisites to in-depth semi structured dialogic interviews. This led to reflexive thematic analysis, whereby three themes were constructed: the importance of congruence; evolution finding spaces for cultivation; and decentralising restorative practice through radical action. It is understood that this study takes a post positivist stance, designed to produce a discourse of participants’ views on RP as a divergent ideology. It is designed to highlight the perceptions of participants from a highly invested group and to promote a wider understanding of how RP interacts with dominant cultures. It would therefore be of interest to those implementing or growing restorative ideas within organisations.
本研究是对作为一种不同认识论意识形态的恢复性实践的论述。它通过对恢复性司法和社会正义全球联盟内部或相关的恢复性从业者和研究人员的话语捕捉的主题分析,探索了恢复性实践(RP)领域。由于在恢复空间中花费的时间,同时分析和处理数据,它包括可以被松散地视为民族志研究的元素。方法包括研究设计的恢复性方法,使用在线调查作为深入半结构化对话访谈的先决条件。这导致了反身性主题分析,由此构建了三个主题:一致性的重要性;进化为培育寻找空间;通过激进的行动去中心化恢复性实践。据了解,本研究采取后实证主义立场,旨在产生参与者对RP作为一种不同意识形态的观点的论述。它旨在强调来自高投资群体的参与者的看法,并促进对RP如何与主流文化相互作用的更广泛理解。因此,对于那些在组织内实施或发展恢复性思想的人来说,这将是很有意义的。
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引用次数: 0
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