Hasil untuk "Law of nations"

Lejla Hasanović, Nasir Muftić

In September 2024, the United Nations published a report titled “Governing AI for Humanity,” which addressed the international governance of artificial intelligence. In March 2024, the European Union adopted the Artificial Intelligence Act, which establishes uniform legal rules governing the use of artificial intelligence systems. Governments and companies throughout the world are continuously adopting strategies, laws, and guidelines, resulting in a disparate array of global approaches to AI. Amid this global regulatory diversity, the role of AI in company law raises pressing questions about its governance within corporate structures. This article will give an overview of international and EU standards regarding liability issues that arise through the use of artificial intelligence in company law with the aim of identifying potential opportunities and challenges that could be anticipated in Bosnia and Herzegovina. Are robot-directors and AI board members the future of modern companies? If so, how should their liability be treated? This paper analyses several possibilities for AI liability adding to the discussion of a two-fold problem that will emerge in company law: who is liable if AI is used as a tool to help management and board members in decision making, and second, can AI participate in decision-making without human intervention. This paper argues that AI liability should be approached through an extension of traditional addressees of liability’ under the existing doctrines such as duty of care for directors’ liability, and the piercing of the veil doctrine for shareholder liability. It establishes suggestions regarding which situations the veil of the corporate entity should be lifted and when shareholders’ liability should be extended. It suggests that the focus on AI should be on whether the human actors in the company acted reasonably and with the duty of care in using the technology.

Lisa Ariemma, Cecilia Bailliet, Nayelli Torres-Salas

This essay explores three approaches to understanding international solidarity in contexts of migration: as a human right, as a shared goal, or as community-driven action. From a legal perspective, international solidarity has been enumerated as an enabling right that facilitates the exercise of other substantive human rights. An international solidarity-based approach to rights expands the range of actors, incorporating civil society groups as rights-holders, and international organizations and non-state actors as duty bearers. A social science lens might foreground a transversal approach to international solidarity, embracing difference in pursuit of equity. In other words, international solidarity can be conceptualized as a plurality of actors pursuing shared goals across different struggles while rejecting homogeneity. From the vantage of activism, international solidarity can be understood as a force that can enable migrants and deportees who have been excluded and invisibilized to connect particular and local struggles to different local struggles and even transnational struggles. It can counteract dehumanization and portend hope by highlighting the ripple effect that social movements and their work can have on a range of disadvantaged communities. In all three approaches, international solidarity reinforces human connection but with a different emphasis: on the expansion of opportunities to exercise rights, on the recognition and valuing of pluralism, and on the collective power that can be leveraged to encourage social change.

Prabhu Shakti, Martin Natasha

There has been international recognition of the burgeoning climate change crisis, with numerous conventions attempting to foster collaboration and cooperation between countries. However, it has been established that there exists a discrepancy, with certain countries historically polluting more, while other countries bear the brunt of these erratic changes with specific categories of people having to bear even more. Through this there arises a requirement to analyze the efforts countries make to alleviate climate change, especially their interaction with other nations in terms of forming alliances or adopting similar measures. The utopian ideation behind law is to provide a voice for the voiceless and to safeguard the interests of the masses. Though corruption and sheer inefficiency has riddled this powerful tool with deficits. The current rate of environmental degradation demarcates the failure of the law, as marginalized communities continue to face mass discrimination and struggle to mobilize to courts. It is important to understand the bodies involved in governance and the unique manner in which an issue gets addressed through the system. Only through this understanding can gaps be bridged and functional legislation enacted. Moreover, as there is a shift in global politics and a need to deconstruct Western hegemony, it is crucial to understand the Global South’s perspectives in dealing with the contention of climate change. In particular, countries like India and Morocco that are distinct but share certain common intricacies as developing countries with torrid pasts. This paper aspires to explore and examine Indian and Moroccan environmental acts or laws towards protection in juxtaposition to the surmounting levels of pollution.

Pedro Enrique Martinez Valera

El derecho y la ciencia política es una profesión de alto riesgo para la salud mental de quienes la ejercen. De manera consciente o inconsciente, los abogados hombres y mujeres, conviven a diario con el conflicto y la agresión, sea esta manifiesta, latente o encubierta. Siempre están en medio de dos fuerzas en disputa. Y lo que es aún más perjudicial, ganen o pierdan un proceso judicial o en algún medio alternativo de solución de controversias, siempre experimentarán un sentimiento de culpa. Si la sentencia fue desfavorable, la parte contratante lo señalará como el causante. Si salió airoso y el proceso culminó con un laudo, acuerdo, acta a favor, o sentenciando a la otra parte, tendrá sentimientos encontrados de alegría y tristeza, de pena y dolor psíquico, que su propia profesión y (de) formación, no le permitirán expresarlos emocionalmente.

Revista Mexicana de Historia del Derecho

karim mohamed aboul-dahab

Islamic banking is a financial structure based on Islamic law (Sharia law) and driven by Islamic economics. The Islamic financial system, which offers alternative funding sources, is supported by four major pillars: the Islamic banking system, the Islamic money market, Islamic insurance, or takaful, and the Islamic capital market. On the other hand, social banks are founded on using financial services to “create a positive impact on the society and the environment; respectively, customers see Islamic banks, depositors, and the broader community as having a social as well as an economic role. In this respect, the main pillars of the United Nations Sustainable Development Goals (SDGs) include ending poverty and promoting sustainable development. This paper will investigate the similarities between Islamic and social banks. Furthermore, this research will highlight the contribution of the two banks toward achieving the UN Sustainable Development Goals (SDGs).

Meng Li

Japan’s discharge of Fukushima nuclear wastewater into the sea will have a profound and far-reaching impact on the marine environment and the fishing industry. Although Japan did not discharge nuclear wastewater directly into China’s waters, the wastewater flowed into the sea and infringed upon China’s rights and interests in pelagic fishing, as the nuclear-contaminated water is fundamentally different from discharges from normal nuclear plants. After the People’s Republic of China was founded, the Central Government and people’s governments of all levels started to manage fishery. However, the fishery management measures at this stage were primarily targeted the fishing industry itself, particularly the marine fishing industry. Several problems of China’s existing fishery legislation do not cope effectively with Japan’s nuclear sewage discharge. China’s fishery legislation keeps pace with the development pace of international laws, but it has not enacted specific regulations on certain types of marine pollution, such as nuclear sewage pollution. The Fisheries Law of the People’s Republic of China needs to produce an extraterritorial effect indirectly through other laws and regulations. China’s existing domestic laws only stipulate the rights of coastal countries. In this context, China’s fishery legislature should find a way forward, including changes in management standards; facilitating the formation of a complete extraterritorial effect by China’s fishery legislation a complete extraterritorial effect; improving supporting administrative legislation system; and facilitating the digitalization of fishing management to monitor Japan’s nuclear sewage discharge and its resultant harm, etc.

S.A. Roginko, P.V. Alekseev

The article explores the validity and assesses the consequences of the proposed introduction by the European Union of the cross-border carbon adjustment (CBAM). The concept of «carbon leakage» as the main argument in support of the CBAM is analyzed, its vulnerability is addressed. The authors argue that the introduction of CBAM is also unjustified legally, since it contradicts the provisions of international law, including the UN Framework Convention on Climate Change, the Paris Climate Agreement and the WTO agreements. Recommendations are proposed for hedging strategic risks for the Russian economy associated with the CBAM initiative. It is indicated, that in order to effectively counteract the introduction of CABM, it is important to consider the experience of resolving disputes between the EU and other countries regarding the introduction by the latter in 2012 of a «carbon levy» for foreign airlines flying to the EU. The authors consider that in order to effectively counter the new tax initiative, it is advisable to bring the problem for discussion on the platforms of the United Nations Industrial Development Organization (UNIDO) and the United Nations Conference on Trade and Development (UNCTAD). The profile of both organizations is fully consistent with the problem, which makes it possible to have a qualified discussion of a new carbon tax involving all countries − its potential payers, as well as to prevent its introduction.

Wan Sharina Ramlah Wan A. A. Jaffri

This paper looks at the latest maritime boundary dispute between Malaysia and Singapore and examines the salient issues and means of dispute settlement mechanisms open to both in resolving this quagmire. With Singapore submitting its declaration pursuant to Article 298 of the 1982 United Nations Convention on the Law of the Sea (UNCLOS 1982) on 12th December 2018 in not accepting any of the procedures provided for in Section 2 of Part XV of UNCLOS 1982, this effectively means that resort to adjudicative tribunals as per the said Section is now out of the equation, and the only method(s) to pursue now would be via consensual or diplomatic channels. This paper will look at the opportunities lost from this choice made by the government of the Republic of Singapore, but, at the same time will ponder upon the possibilities of resolution of the dispute by bilateral efforts, and possibly the engagement of third parties as provided under Article 33 of the UN Charter, e.g. via the ASEAN dispute settlement mechanism. With Singapore still continuing with massive reclamation works along its coast, while at the same time not recognizing any of the official maps published by the government of Malaysia, and with the change of the diplomatic ambience brought by the new government under Prime Minister Tun Dr. Mahathir Mohamad, the prospect of a definitive resolution seems to be rather grim.

Francisco Ramos Quiroz

Este trabajo reflexiona sobre el papel del Consejo de Gobierno establecido en Michoacán en 1825 en relación con la defensa de la Constitución local en el marco del primer federalismo mexicano. El papel del Consejo de Gobierno como garante de la constitucionalidad en Michoacán es un tema que prácticamente no se ha estudiado, por lo que resulta importante su análisis. Utiliza, entre otras fuentes histórico-jurídicas, el libro de actas del Consejo de Gobierno que abarca el periodo de 1825-1831, documento muy poco analizado por lo reciente de su incorporación en un repositorio público.

Oscar Cruz Barney

Piotr MILIK

This study investigates the contents of key documents of international rank regulating the transfer of weapons and military technologies in order to mark the principles that rule this kind of state activity. The following principles have been pointed out: the principle of minimizing the consumption of the world’s human and economic resources for armaments; the principle of respect in the transfers of weapons and the principles of the Charter of the United Nations; the principle of transparency in the transfer of weapons and military technology; the principle of limitation of armaments as a factor constituting a threat to peace and national, regional and international security; the principle of the regulation of transfer of weapons in the domestic law of states; and the principle of respect for humanitarian law and human rights in international military transfers.

David Marshall, Craig Goodall

Caroline Müller Bitencourt, Eduarda Simonetti Pase

O presente estudo tem por objetivo principal construir uma inter-relação com as problemáticas geradas por uma democracia “não-amadurecida” em relação aos possíveis entraves existentes para a efetividade do controle social no Brasil contemporâneo. Para tanto, buscará enfrentar e debater ao longo da história contemporânea o que pode ser considerado como uma democracia “não-amadurecida”, perpassando assim pelas problemáticas do Estado Moderno, o qual pressupõem principalmente uma mobilização política da sociedade. Também, buscar-se-á abordar temas latentes como a necessidade da formação de uma sociedade civil com tradição de organização e consciência do seu papel em um Estado Democrático. A par disto, investiga-se a efetivação ou não de uma democracia substancial e não apenas formal e as suas respectivas implicações no que tange a busca pela libertação do cidadão enquanto cidadão de um Estado Democrático. Ou seja: quais os ônus suportados pela sociedade na qual as arenas de debate e reflexão são timidamente proporcionadas ou quase não efetivadas, buscando-se, portanto, romper-se com o modelo de Estado burocrata e decisor que predominou na formação do modelo de administração da coisa pública no Brasil.

Yuliya V. Puzyreva

The article provides a comprehensive analysis of the various legal positions copyright opinions on topical issues of the establishment and functioning of the International Tribunal for the Former Yugoslavia (ICTY). This article is based on a review of the results of two decades of the ICTY, refl ected on the offi cial website of the Tribunal, with the focus on the problematic points of his work.

B. McSherry

A. Kh. Abashidze, A. E. Koneva

The human rights treaty bodies are international organs controlling the implementation of core international human rights treaties by States. The human rights treaty bodies, which now number ten, have developed into a system. Various initiatives to enhance this system so that it can meet its objectives most effectively are considered in this article. Special attention is given to the process initiated by the UN High Commissioner for Human Rights in 2009 and the report on its results prepared in June 2012 as well as the open-ended intergovernmental process launched in frames of the UN General Assembly in February 2012 and extended until the first half of February 2014. The article provides a detailed analysis of the major aspects of the report on the intergovernmental process and the draft resolution presented by the co-facilitators of the process.

P. Moloney

José de Jesús Ledesma