Dra. Blanca Torres Espinosa, Carlos Ernesto Arcudia Hernández, Sara Berenice Orta Flores
The Declaration of the Rights of Man and of the Citizen of 1789 recognizes basic rights, including the right to life, liberty, security, equality, property and the expression of ideas and opinions through the press or any other medium. This would mark the starting point of freedom of expression, which today is complemented by the use of technology and the Internet. Since this historical event, people’s rights have evolved, and new rights have arisen in accordance with the times, such as the right to express oneself and to be communicated through the Internet, using appropriate devices. In 2013, the Mexican Constitution was reformed to recognize the right of people to be communicated, including access to the internet, in Articles 6 and 7. According to the United Nations Resolution of July 2, 2018 on the promotion and protection of all human rights—civil, political, cultural, economic and social rights, including the right to development—, the human right to have access to the internet is mentioned; however, Mexico had already included it in its regulatory framework since 2011. The final section of this paper focuses on the study of the use of technology and the Internet in the current regulations, as well as on the challenges faced by civil and family procedural law with the entry into force of the new Code of 2023.
Stray mines in the Black Sea (BS) have sparked substantial debates. Despite the various areas of concern, this matter also warrants a legal perspective. Given that Russia, Turkey, and Ukraine are the primary countries significantly involved, each has developed a distinct legal personality under international law. Therefore, it is important to refer to international law to elucidate this complex issue. This study examines the legal intricacies of the stray mine situation in the BS region by focusing on legal aspects. It also considers other relevant factors, particularly the potential legal implications for Turkey. In the context of this study, we argue that Turkey's geopolitical position, along with its international commitments, places it in a significant role and brings it into close engagement with other nations, especially amid the Russian-Ukrainian conflict. In this study, I will discuss the general framework of international law governing the use of naval mines in international conflicts, particularly in the event of war between Russia and Ukraine. Despite the existence of international customs, several international agreements, including the International Montreux Convention concerning the Strait of Istanbul, play a substantial role in this issue.
Political institutions and public administration (General), International relations
In the early 2000, cybersecurity breaches were classified as “Internet crimes” and therefore managed through the tools of the criminal justice system. The Budapest Convention on Cybercrime forged new incriminating provisions and new procedural guidelines, updating the categories of criminal law and criminal procedure for the digital age. This style, unfortunately, has proved to be insufficient. To face the growing number of threats, the EU has shifted towards a much more preemptive, administrative-law-based approach to cybersecurity, with a view to protect critical infrastructure and industries from disruptive attacks. The criminal layer, however, has not been replaced: the relevant, international instruments are still there, and they have been recently extended to cover more ground. The essay will examine the new wave of legislation on cybercrime such as the United Nations Cybercrime Treaty, trying to identify the interactions and the frictions between two different contrast strategies to abusive cyber operations.
Yesuneh Tefera Mekasha, Sete Nigussie, Abibo Wondie Mekonen
et al.
BackgroundVeterinary pharmaceuticals must be safe and effective for treating and preventing diseases in animal sectors. Strict adherence to regulations at every stage of production, storage, and administration is necessary as the global sector grows in order to lower the possibility of adverse veterinary drug events. Strong pharmacovigilance regulatory systems are critical in monitoring and managing safety concerns related with veterinary pharmaceuticals.ObjectiveThis review aimed to investigate the implementation of veterinary pharmacovigilance, collaborative initiatives, and reporting practices within the veterinary sector across East African countries.MethodsA thorough search was performed using online platforms such as Google Scholar, PubMed, the Web of Sciences, and regulatory Web sites. The search strategies relied heavily on selecting relevant published findings related to veterinary pharmacovigilance status, veterinary adverse drug event reporting practice, and collaborative efforts in veterinary pharmaceutical sectors within the East African landscape. This article search approach confirmed the inclusion state of veterinary pharmacovigilance and associated collaborative initiatives in the region.ResultsIn comparison to more developed regions, the review indicated that the veterinary pharmacovigilance system in East African countries was still in its early state. A strong legislative foundation and a large commitment from the veterinary profession are needed to establish a nationwide veterinary pharmacovigilance system. The review reveals a significant lack of consistency in the infrastructure of veterinary pharmacovigilance among the countries of East Africa. Tanzania, Kenya, and Ethiopia have some institutional processes for veterinary pharmaceutical safety, but they lack thorough documentation, which suggests that this systems still require improvement. The analysis emphasizes how inadequate the reporting systems are for adverse veterinary medication events in the majority of East African nations. Given the challenges East Africa faces, customized strategies are required to guarantee the safety and oversight of veterinary medications and improve veterinary pharmacovigilance. For systems to be more effective, veterinary pharmaceutical legal frameworks must be strengthened and stakeholder collaboration must be improved. Stakeholders include legislators, law enforcement, customs officials, regulatory organizations, scientists, pharmaceutical businesses, veterinarians, farmers, and the general public.ConclusionA multidisciplinary strategy is needed to solve current gaps in veterinary pharmacovigilance and improve overall veterinary drug safety in East Africa. It is feasible to create more reliable methods for tracking and guaranteeing the safety of veterinary medications by combining the efforts of numerous stakeholders, including as legislators, regulatory agencies, veterinary practitioners, and the general public.
This paper provides a comprehensive analysis of the resolution of the longstanding border dispute between Indonesia and Malaysia. The study delves into the complex dynamics of this conflict, offering insights into its historical context, the key issues at stake, and the eventual resolution reached between the two nations. The Indonesia-Malaysia border dispute has been a contentious issue for decades, marked by conflicting territorial claims and occasional tensions between the two neighboring countries. Rooted in historical and geopolitical factors, the dispute has encompassed various regions along the land border, including areas rich in natural resources and strategic importance. This paper examines the factors that fueled the dispute, ranging from historical grievances to economic interests and geopolitical considerations. It explores how these factors influenced the negotiation process and shaped the positions of both Indonesia and Malaysia. Central to the analysis is the discussion of the diplomatic efforts and mechanisms employed to address the dispute. From bilateral negotiations to third-party mediation, the paper evaluates the effectiveness of different approaches in facilitating dialogue and fostering cooperation between the two nations. Furthermore, the paper highlights the role of international law and norms in guiding the resolution process. It assesses how principles of territorial sovereignty, boundary delimitation, and peaceful dispute resolution were applied in reaching a mutually acceptable agreement. Finally, the study discusses the outcome of the resolution and its implications for Indonesia, Malaysia, and the broader region. It examines the terms of the agreement, including any concessions made by either party, and considers the potential impact on bilateral relations, economic development, and regional stability. By providing a nuanced analysis of the Indonesia-Malaysia border dispute and its resolution, this paper contributes to a deeper understanding of interstate conflicts and the mechanisms available for their peaceful resolution in Southeast Asia.
Law in general. Comparative and uniform law. Jurisprudence
Clothing has long been considered one of the necessities of human life in many cultures. However, only a few documents and declarations of rights in the international and regional scene mention it. For example, the United Nations International Covenant on Economic, Social and Cultural Rights mentions the right to clothing in its eleventh article. But the importance of this right over other basic needs has been overlooked by the Committee which monitors the implementation of the Covenant. As the same way, international law practitioners and human rights scholars have also disregarded the right to clothing. Much research has been done on freedom of dress in the context of civil and political rights. But the right to adequate clothing has been surprisingly neglected among other economic, social, and cultural rights. The dressing of a person is not only related to his economic status, but also to his position in society. Furthermore, one's clothing affects one's cultural, sexual, and religious identity, as well as one's dignity and even one's health. The insignificant recognition of such a right in the legal sphere justifies its being considered a forgotten right.
Law in general. Comparative and uniform law. Jurisprudence
El Manual de Derecho Penal con perspectiva de género es una obra colectiva, organizada y concebida por las profesoras Carmen Hein de Campos y Ela Wiecko de Castilho. Lanzado en 2022 (Lumen Juris), con financiación de RED ALAS, es pionero sobre el tema en Brasil. Se trata, de hecho, de un Manual Feminista de Derecho Penal porque, aunque trate de crímenes, la perspectiva feminista antirracista y abolicionista es su hilo conductor. Estudiantes o profesionales del Dere- cho que no se dedican a los estudios de género pueden preguntarse por qué existe un Manual de Derecho Penal con perspectiva de género.
Abstract The United Nations Convention on the Rights of Persons with Disabilities requires a paradigm shift from a medical model of disability to a social model that emphasizes overcoming the barriers to equality created by attitudes, laws, government policies and the social, economic and political environment. The approach adopted by the social model recognizes that people with psychosocial disabilities have the same right to take decisions and make choices as other people, particularly regarding treatment, and have the right to equal recognition before the law. Consequently, direct or supported decision-making should be the norm and there should be no substitute decision-making. Although recent mental health laws in some countries have attempted to realize a rights-based approach to decision-making by reducing coercion, implementing the Convention on the Rights of Persons with Disabilities can be challenging because it requires continuous refinement and the development of alternatives to coercion. This article reviews the impact historical trends and current mental health frameworks have had on the rights affected by the practice of involuntary treatment and describes some legal and organizational initiatives that have been undertaken to promote noncoercive services and supported decision-making. The evidence and examples presented could provide the foundation for developing a context-appropriate approach to implementing supported decision-making in mental health care.
Comparative exercises between constitutional law in Brazil and in Mexico may seem destined to be exercises of identifying a reduced set of commonalities in an ocean of difference. The article, however, aims to suggest to what extent the opposite might be closer to the truth, and provide some sense of the amount of parallels between the two countries when viewed through constitutional lenses. Despite divergent paths of historical evolution in the XIX and the XX centuries, there are elements that confer to contemporary constitutional systems in Brazil and Mexico an air of commonality. The article underlines at least three of them: (i) commonalities in patterns of constitutional genesis and change; (ii) the existence of generous constitutional declarations of rights coupled with a varied assortment of rights-protecting channels in both places; and (iii) the existence in the two countries of old Supreme Courts with extensive jurisdictional menus and ample space for transformative action at their disposal. On the other hand, the main differences identified and analyzed in the article occur in the domain of rights protection and include the system of judicial enforcement of rights and the public profile of the two Supreme Courts.
CULTURE AND DEVELOPMENT AS THE BASIC CATEGORIESOF REFERENCE IN THE EMERGING LAW OF INDIGENOUS PEOPLES
Summary
In contemporary international relations indigenous peoples constitute particular ethnic communities waiting for a long time for the regulation of their status as subjects of international law. Paradoxically, decolonisation, which helped many colonial societies gain national rights, has not only left the issue of indigenous peoples in countries formerly colonised by the White Man unresolved but has also complicated their status. In practice former colonies such as the United States, Canada, Australia or New Zealand have not regulated the legal status of indigenous peoples, relegating them politically and economically to the margins of society. The rights of indigenous peoples as minority groups living in the former Soviet Union, who are not at all colonial peoples officially, have not been defined either. The category of indigenous peoples now extends to many ethnic groups living in nation-states, who are culturally and linguistically distinct with respect to the dominant segments of the national society. However, assigning the attributes of indigenous peoples to them in the strict sense of the term is questionable and is not dealt with in this article. This article traces the process which leads to indigenous peoples acquiring the status of a fully-fledged subject of international law. It describes attempts that have been made to interpret the rights of indigenous peoples on the grounds of the universal instruments of international law. The principal documents are the Universal Declaration of Human Rights (1948), the Declaration on the Granting of Independence to Colonial Countries and Peoples (1960), the International Convention on the Elimination of All Forms of Racial Discrimination (1966), the United Nations International Covenant on Civil and Political Rights (1966), and finally the Declaration on Principles of International Law Concerning Friendly Relations and Cooperation Among States in Accordance with the Charter of the United Nations (1992). Despite the progress made in granting indigenous peoples their rights with the adoption of the UN Declaration on Indigenous Rights (2007), it is still difficult to talk of full success, i.e. the recognition of the international identity and rights of indigenous peoples on a par with other sovereign nations.
In much of the scholarly literature on international law, there is a tendency to condemn violations of the law and to leave it at that. If all violations of international law were indeed undesirable, this tendency would be unobjectionable. We argue in this Article, however that a variety of circumstances arise under which violations of international law are desirable from an economic standpoint. The reasons why are much the same as the reasons why nonperformance of private contracts is sometimes desirable- the concept of "efficient breach," familiar to modern students of contract law, has direct applicability to international law. As in the case of private contracts, it is important for international law to devise remedial or other mechanisms that encourage compliance where appropriate and facilitate noncompliance where appropriate. To this end, violators ideally should internalize the costs that violations impose on other nations, but should not be "punished" beyond this level. We show that the (limited) international law of remedies, both at a general level and in certain subfields of international law, can be understood to be consistent with this principle. We also consider other mechanisms that may serve to "legalize" efficient deviation from international rules, as well as the possibility that breach of international obligations may facilitate efficient evolution of the underlying substantive law.
The issue of whether medical practitioners should perform “ritual nicks” as a method of meeting demand for female genital mutilation (FGM) has recently been debated in the United States and Australia. Due to increasing numbers of people arriving and settling in Australia from African nations in which FGM is customary, demand for FGM in Australia is present and may be increasing. Australian law clearly prohibits performance of any type of FGM. FGM is also prohibited by the most recent policy of the Royal Australian and New Zealand College of Obstetricians and Gynaecologists (RANZCOG). For legal, medical and social reasons, the RANZCOG policy is sound, and medical practitioners should not administer FGM in any form. Development of an evidence base regarding incidence of and attitudes towards FGM, and the need for post‐FGM treatment, would help inform sound policy and practical responses. Strategies adopted in African nations to abolish FGM may assist in refining educational and supportive efforts.