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The Justice Against Sponsors of Terrorism Act (JASTA) from a Civil Procedure Perspective 民事诉讼视角下的《反恐怖主义支持者司法法》
IF 1.2 Q1 LAW Pub Date : 2023-01-30 DOI: 10.3390/laws12010015
Shahrul Mizan Ismail, Ali Ibrahim Alheji
Terrorism is a global threat that has caused immense suffering and loss of life. The United States’ Justice Against Sponsors of Terrorism Act (JASTA) is an important piece of legislation that allows victims of terrorism to hold foreign entities accountable for their actions. However, there is a need to evaluate the act from the perspective of Civil Procedure to determine its effectiveness in providing remedies for victims and addressing the challenges of holding foreign entities accountable. This paper’s analysis is based on the JASTA, for the evaluation of its position and application from a pre-litigation of Civil Procedure perspective. The two most significant parts of Civil Procedure in the segments of preliminary issues including Parties to the Suit and Cause of Action are examined to determine their susceptibility to being exploited in the process of executing the intention and purpose of the act concerning foreign entities, as highlighted in JASTA. Preliminary aspects must be considered before initiating a civil suit based on JASTA. This analysis is important in understanding the strength and weaknesses of JASTA in the civil suit and it involves a qualitative method of research. For the most part, the research methodology adopted will be pure legal research. Since the research will focus on JASTA, the regular method of analysis adopted is by referring to the sources and data discussing JASTA and procedural law. The findings of this work could be used to establish better laws from JASTA and provide the opportunity for the citizens who are victims to bring legal action against foreign states that are also responsible for their loss and suffering. Moreover, other countries faced with litigation initiated under JASTA could also benefit from the findings as they could be used in establishing better laws for countries that had also suffered greatly due to actions resulting from terrorism or the war against terrorism. Future research related to this topic is also recommended in this analysis.
恐怖主义是一种全球性威胁,造成了巨大的痛苦和生命损失。美国的《反恐怖主义赞助者司法法》是一项重要的立法,允许恐怖主义受害者追究外国实体对其行为的责任。然而,有必要从民事诉讼的角度对该法案进行评估,以确定其在为受害者提供补救和应对追究外国实体责任的挑战方面的有效性。本文的分析是基于JASTA,从诉前民事诉讼的角度来评价其地位和适用性。如JASTA所强调的,民事诉讼程序中包括诉讼当事人和诉讼原因在内的初步问题部分中最重要的两个部分被审查,以确定它们在执行涉及外国实体的行为的意图和目的的过程中容易被利用。在根据JASTA提起民事诉讼之前,必须考虑初步方面。这一分析对于理解JASTA在民事诉讼中的优势和劣势很重要,它涉及一种定性的研究方法。在大多数情况下,所采用的研究方法将是纯粹的法律研究。由于研究将集中在JASTA上,因此采用的常规分析方法是参考讨论JASTA和程序法的来源和数据。这项工作的结果可用于从JASTA制定更好的法律,并为受害者公民提供机会,对同样应对其损失和痛苦负责的外国提起法律诉讼。此外,面临根据JASTA提起诉讼的其他国家也可以从调查结果中受益,因为这些结果可以用于为那些也因恐怖主义或反恐战争而遭受巨大损失的国家制定更好的法律。在本分析中还建议了与该主题相关的未来研究。
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引用次数: 0
Regulation of Interaction between Hunters and Land Users: A Comparative Legal Study 猎人与土地使用者互动规则的比较法律研究
IF 1.2 Q1 LAW Pub Date : 2023-01-30 DOI: 10.3390/laws12010014
N. Lisina, Aleksandra Ushakova, S. Ivanova, A. Prosekov
Hunting is a complex type of nature management. In its process, objects of the animal world and the earth are used. Obviously, the relationship between hunters and other land users should be clearly regulated by legislation. The purpose of this work was to identify common and specific problems for different systems of interaction between hunters and land owners and to assess the possibility of spreading the existing experience of solving problems faced by the hunting sector to different countries. Three main models of the relationship between hunters and land users (direct interaction, cooperation, and division of rights) are considered. Each of the models performs its tasks and has its own degree of efficiency. The interaction organization model adopted in a country depends on the specifics of the conditions in which the hunting farm develops including economic, property, legal, social, and state aspects. It is established that the availability of hunting is best ensured within the framework of the cooperation model, the observation of the rights of owners—within the direct interaction model, the convenience of management within large territories of wild animal habitats—within the division of rights model. At the same time, it is incorrect to single out the best model by all criteria or to designate a model that is universally suitable for different conditions. In the hunting farms of Russia, the described problems of interactions are not related to the potential of the division of rights model as such, but to a lack of understanding that this particular model requires increased attention of the state. The proposals aimed at improving the practice of developing and applying models of relationships between hunters and land users are represented.
狩猎是一种复杂的自然管理方式。在这个过程中,动物世界和地球上的物体被使用。显然,猎人与其他土地使用者之间的关系应该通过立法加以明确规范。这项工作的目的是查明猎人和土地所有者之间相互作用的不同制度的共同和具体问题,并评估将解决狩猎部门所面临问题的现有经验传播到不同国家的可能性。本文考虑了猎人与土地使用者之间关系的三种主要模式(直接互动、合作和权利分割)。每个模型执行其任务并具有自己的效率程度。一个国家所采用的互动组织模式取决于其发展的具体条件,包括经济、财产、法律、社会和国家等方面。在合作模式框架下,狩猎的可获得性得到了最好的保证;在直接互动模式框架下,对所有者权利的观察得到了最好的保证;在权利分割模式框架下,对大范围野生动物栖息地管理的便利性得到了最好的保证。同时,从所有标准中挑出最好的模型,或者指定一种普遍适用于不同条件的模型,都是不正确的。在俄罗斯的狩猎农场中,所描述的互动问题与权利分割模式本身的潜力无关,而是与缺乏对这种特殊模式需要国家更多关注的理解有关。介绍了旨在改进发展和应用猎人与土地使用者之间关系模型的做法的建议。
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引用次数: 0
Regulation of Incentives for Use of Renewable Energy at the Level of Regional Legislation in Federal States, Using the Russian Federation as an Example 以俄罗斯联邦为例,在联邦国家的区域立法层面上对使用可再生能源的激励措施进行监管
IF 1.2 Q1 LAW Pub Date : 2023-01-25 DOI: 10.3390/laws12010013
A. Kirichenko, K. Kirichenko, E. Kirichenko
Effective use of renewable energy requires a system of energy legislation that meets modern challenges. Although, in large countries, climate and socioeconomic factors in different regions can significantly vary and can affect the regional legislation regulating renewable energy sources, careful reproduction of good practices and successful experiences of other regions are a good basis for the development of legislation. The comparative method of legal research was the main method used to achieve the objectives set in this study. Based on the results, a number of recommendations were developed to consolidate and expand the powers of regional regulators in the field of renewable energy, to include an economic assessment of the effectiveness of state programs, to use tax incentives for renewable energy projects, and to introduce restrictions on the use of petroleum products. Recommendations were also made to improve regional legislation on renewable energy sources in terms of legal techniques. Further development of this study would contribute to the improvement of regional legal regulation and would accelerate the transition to “green” energy.
有效利用可再生能源需要一个能够应对现代挑战的能源立法体系。虽然在大国中,不同地区的气候和社会经济因素可能有很大差异,并可能影响调节可再生能源的区域立法,但仔细复制其他地区的良好做法和成功经验是制定立法的良好基础。法律研究的比较方法是实现本研究目标的主要方法。根据调查结果,提出了一些建议,以巩固和扩大可再生能源领域地区监管机构的权力,包括对国家计划的有效性进行经济评估,对可再生能源项目使用税收优惠,并对石油产品的使用施加限制。还建议在法律技术方面改进关于可再生能源的区域立法。这项研究的进一步发展将有助于改善区域法律规章,并将加速向“绿色”能源的过渡。
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引用次数: 0
The Separate Opinions of a Justice of a Constitutional Court: A Case of Lithuania 宪法法院法官的不同意见:以立陶宛为例
IF 1.2 Q1 LAW Pub Date : 2023-01-18 DOI: 10.3390/laws12010011
Dovilė Pūraitė-Andrikienė
Although allowing justices of constitutional courts to publish their separate opinions has become a clear trend in Europe, until an amendment to the Law on the Constitutional Court in 2008, the justices of the Constitutional Court of the Republic of Lithuania did not have this possibility. However, after the introduction of this institution in Lithuania, criticism was voiced by the public regarding its legal regulation. Therefore, this article examines the legal regulation governing the institution of a separate opinion of a justice of the Constitutional Court, as well as the use of this institution in Lithuania. The article seeks to reveal the shortcomings of this regulation, as well as to provide proposals for its improvement. The issues in question are examined in the context of the legal framework governing the institution of a separate opinion in other European Union countries (with a particular focus on Eastern and Central European countries). In order to provide a basis for this research, the article also examines the institution of a separate opinion in the context of the principle of the secrecy of the deliberation room and the secrecy of voting results in the decision-making process of constitutional justice institutions.
尽管允许宪法法院法官发表单独意见在欧洲已成为一种明显的趋势,但在2008年对《宪法法院法》进行修正之前,立陶宛共和国宪法法院法官没有这种可能性。然而,在立陶宛设立这一机构后,公众对其法律规定提出了批评。因此,本条审查了关于宪法法院法官独立意见制度的法律规定,以及立陶宛对这一制度的使用情况。本文试图揭示这一规定的不足之处,并提出改进建议。有关问题是在其他欧洲联盟国家(特别侧重于东欧和中欧国家)制定单独意见的法律框架范围内审查的。为了为这一研究提供依据,文章还结合宪法司法机构决策过程中的议事室保密原则和投票结果保密原则,考察了单独意见的制度。
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引用次数: 0
Acknowledgment to the Reviewers of Laws in 2022 对2022年法律评审员的认可
IF 1.2 Q1 LAW Pub Date : 2023-01-18 DOI: 10.3390/laws12010012
High-quality academic publishing is built on rigorous peer review [...]
高质量的学术出版建立在严格的同行评审的基础上[…]
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引用次数: 0
Children’s Developmental (Im)maturity: Aligning Conflicting Decisional Capacity Assessment Approaches in Australia 儿童发展(Im)成熟度:调整澳大利亚相互冲突的决策能力评估方法
IF 1.2 Q1 LAW Pub Date : 2023-01-13 DOI: 10.3390/laws12010010
Dominique Moritz
Children’s decision-making is complex. There are many factors that contribute to children’s decisional capacity including cognitive reasoning, developmental maturity, upbringing and circumstances. For healthcare decisions, Australian law acknowledges children’s autonomy, and permits mature children to consent to beneficial healthcare. Yet, it also protects them from making life-changing decisions that could contravene their best interests. The criminal law approaches to children’s decision-making in Australia’s jurisdictions involves holding older children fully responsible for their decision-making, regardless of circumstances or maturity. The two approaches conflict because health law offers a protective mechanism for children yet criminal law imposes a punitive approach to children’s decision-making. This article considers whether the dichotomous approaches for children’s capacity assessments in Australian law can be reconciled.
儿童的决策是复杂的。影响儿童决策能力的因素有很多,包括认知推理、发展成熟度、教养和环境。对于医疗保健决策,澳大利亚法律承认儿童的自主权,并允许成年儿童同意有益的医疗保健。然而,它也保护他们不做出可能违背他们最大利益的改变生活的决定。澳大利亚司法管辖区的儿童决策刑法方法涉及让年龄较大的儿童对其决策负全部责任,无论其情况或成熟程度如何。这两种方法存在冲突,因为卫生法为儿童提供了保护机制,而刑法对儿童的决策采取了惩罚措施。本文考虑了澳大利亚法律中儿童能力评估的二分法是否可以调和。
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引用次数: 2
Claiming Justice: An Analysis of Child Sexual Abuse Complainants’ Justice Goals Reported during Investigative Interviews 正义诉求:儿童性虐待申诉人在调查性访谈中的正义目标分析
IF 1.2 Q1 LAW Pub Date : 2023-01-12 DOI: 10.3390/laws12010009
R. Holder, Dirkje Gerryts, Francisco Garcia, Martine B. Powell
Investigative interviewing of children who report sexual victimisation focuses on helping children tell in their own words what happened. Children may say other things important to them such as their justice goals. We conducted the first research into this possibility in an exploratory analysis of 300 transcripts of actual interviews with child complainants aged 3 to 15 years. Building on an earlier study involving adults, we explored what goals children may articulate, when in the interview process their goals are relayed and in response to which interviewer prompts. Our analysis revealed that most children did articulate one or more justice goals during these interviews, especially their desire for acknowledgement of the victimisation and its wrongfulness. Children articulated their justice goals spontaneously and largely without any direct prompting by the police officer. These findings suggest that there is more that institutions [and researchers] can learn from carefully listening to children and understanding them as agents claiming justice.
对报告性受害的儿童进行调查性采访,重点是帮助儿童用自己的话讲述发生了什么。孩子们可能会说其他对他们来说很重要的事情,比如他们的正义目标。我们对300份3至15岁儿童申诉人的实际访谈记录进行了探索性分析,首次对这种可能性进行了研究。在早期一项涉及成年人的研究的基础上,我们探讨了孩子们可能表达的目标,在面试过程中,他们的目标何时被传达,以及对面试官提示的回应。我们的分析表明,大多数儿童在这些采访中确实表达了一个或多个正义目标,尤其是他们希望承认受害及其不法性。孩子们自发地表达了他们的正义目标,基本上没有警察的任何直接提示。这些发现表明,机构[和研究人员]可以通过仔细倾听儿童的声音,并将他们理解为伸张正义的代理人,学到更多。
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引用次数: 1
Design of Equity Crowdfunding in the Digital Age 数字时代股权众筹的设计
IF 1.2 Q1 LAW Pub Date : 2023-01-11 DOI: 10.3390/laws12010008
B. Riswandi, Abdurrahman Alfaqiih, Lucky Suryo Wicaksono
Equity crowdfunding is a form of alternative financing for MSMEs in Indonesia. However, the provision of equity crowdfunding still has various issues that boil down to the absence of guarantees of legal certainty for the parties. This, of course, can hinder the development of equity crowdfunding itself in the MSME financing scheme. For this reason, the review of this is carried out based on normative legal research, where it examines various applicable legal provisions in regulating equity crowdfunding. Studies are also based on statute, comparative and conceptual approaches. The result is that, first, the arrangement regarding equity crowdfunding has not provided guarantees of legal certainty for the parties; second, many countries develop equity crowdfunding regulatory frameworks that are oriented to guarantee legal certainty for the parties; and third, the design of equity crowdfunding arrangements that provide guarantees of legal certainty to the parties can be made in the form of co-regulation arrangements.
股权众筹是印度尼西亚中小微企业的一种另类融资形式。然而,股权众筹的提供仍然存在各种问题,归根结底是缺乏对各方法律确定性的保证。当然,这可能会阻碍中小微企业融资计划中股权众筹本身的发展。因此,对这一点的审查是在规范性法律研究的基础上进行的,研究了规范股权众筹的各种适用法律条款。研究还以法规、比较和概念方法为基础。其结果是,首先,股权众筹的安排没有为各方提供法律确定性的保证;其次,许多国家制定了股权众筹监管框架,旨在保证各方的法律确定性;第三,可以以共同监管安排的形式设计股权众筹安排,为各方提供法律确定性的保证。
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引用次数: 1
Pediatric Perspectives and Tools for Attorneys Representing Immigrant Children: Conducting Trauma-Informed Interviews of Children from Mexico and Central America 代表移民儿童的律师的儿科观点和工具:对来自墨西哥和中美洲的儿童进行创伤知情访谈
IF 1.2 Q1 LAW Pub Date : 2023-01-09 DOI: 10.3390/laws12010007
Ryan B. Matlow, A. Shapiro, N. Wang
Pediatric health and mental health professionals with expertise in the physical and emotional needs of immigrant children seeking humanitarian protection are trained to understand and address the sometimes deeply traumatic nature of their experience. This expertise plays an important role in collaborating with immigration attorneys to provide compassionate, trauma-informed representation that centers on children’s best interests. In medicine, we say that “children are not small adults,” such that meeting a child’s needs requires consideration of their developmental stage and the unique impacts of child trauma exposure. This also holds true for legal professionals dedicated to protecting the rights of children in migration. This article aims to (1) review the principles of trauma-informed care in the context of child development, (2) understand the traumatic nature of the migration paradigm for children from Mexico and Central America seeking safety and protection, and (3) suggest ways that healthcare, mental health and legal professionals can inform one another’s efforts to optimize the wellbeing of children and improve legal outcomes. The application of this knowledge in practice can advance legal goals, reduce risk for child re-traumatization during interviews, and reinforce child strengths while also reducing vicarious trauma and burnout for legal professionals.
在寻求人道主义保护的移民儿童的身体和情感需求方面具有专业知识的儿科健康和心理健康专业人员接受了培训,以了解和解决他们的经历有时带来的深刻创伤。这一专业知识在与移民律师合作,以儿童的最大利益为中心,提供富有同情心、创伤知情的代理方面发挥着重要作用。在医学上,我们说“儿童不是小成年人”,因此满足儿童的需求需要考虑他们的发展阶段和儿童创伤暴露的独特影响。致力于保护移民儿童权利的法律专业人员也是如此。本文旨在(1)回顾儿童发展背景下创伤知情护理的原则,(2)了解墨西哥和中美洲儿童寻求安全和保护的移民模式的创伤性质,以及(3)提出医疗保健、,心理健康和法律专业人员可以为彼此优化儿童福祉和改善法律结果的努力提供信息。在实践中应用这些知识可以促进法律目标,降低儿童在面试中再次受到创伤的风险,增强儿童的力量,同时也可以减少法律专业人员的替代性创伤和倦怠。
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引用次数: 1
Democracy, Capacity, and the Implementation of Laws Protecting Human Rights 民主、能力和保护人权法律的实施
IF 1.2 Q1 LAW Pub Date : 2023-01-06 DOI: 10.3390/laws12010006
David Cingranelli, Skip Mark, Almira Sadykova-DuMond
We analyze the cross-national and cross-temporal variation in the presence or absence of domestic compliance gaps for three different human rights: the right to a fair trial, children’s rights, and the right of workers to form unions. Besides constitutional provisions, which have been the focus of previous research on the de jure-de facto compliance gap, statutes, executive actions, and judicial decisions all can contain promises by domestic politicians to protect human rights. Our indicator of whether legal protection exists and how strong it is reflects the many ways states make human rights legal commitments to their citizens. Our findings show that (a) the probability of promise-keeping and the effects of combinations of accountability and capacity are different for each right; (b) strong laws are a necessary but not sufficient condition for effective protection of rights; (c) treaty participation does not affect the probability of promise-keeping for any right; (d) promise-keeping for one right predicted promise-keeping for other rights. For all rights, the number of countries with gaps grew between 1994 and 2008 and then declined between 2008 and 2019. An important inference from our findings is that international treaties may only be effective when ratifiers are willing to change their domestic laws to be consistent with international norms. One counterintuitive policy implication of our findings is that democratizing low-capacity authoritarian states may lead to more violations of some human rights.
我们分析了三种不同人权(公平审判权、儿童权利和工人成立工会的权利)在国内是否存在合规差距方面的跨国和跨时期差异。除了宪法规定(这是先前研究法律-事实遵从差距的重点)之外,法规、行政行为和司法判决都可能包含国内政治家保护人权的承诺。我们衡量法律保护是否存在以及保护力度的指标反映了各国向其公民作出人权法律承诺的多种方式。我们的研究结果表明:(a)每个权利的信守承诺概率和责任与能力组合的效果是不同的;(b)强有力的法律是有效保护权利的必要条件,但不是充分条件;(c)参加条约不影响对任何权利履行承诺的可能性;(d)一项权利的守约预示着其他权利的守约。就所有权利而言,存在性别差距的国家数量在1994年至2008年期间有所增加,然后在2008年至2019年期间有所减少。从我们的研究结果中得出的一个重要推论是,只有当批准国愿意修改其国内法以与国际规范保持一致时,国际条约才可能有效。我们的研究结果的一个违反直觉的政策含义是,使低能力的威权国家民主化可能导致更多侵犯某些人权的行为。
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引用次数: 1
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