In 2020, Bill C92, or an <i>Act Respecting First Nations, Inuit and Metis Children, Youth and Families</i>, came into force in Canada. The Act historically recognized and affirmed Indigenous jurisdiction over child and family services and established national minimal standards for service delivery. In 2024, the Supreme Court of Canada upheld the constitutionality of the Act in an appeal from a Quebec Court of Appeal reference case. The Court stressed all parts of the Act must be viewed as “integrated parts of a unified whole” and required the braiding together of Indigenous laws, state laws and international laws into a “single strong rope.” The Act’s aspirations remain in tension with ongoing challenges in implementation. This article outlines the main provisions of the Act. It then examines the law-making efforts and accomplishments of Indigenous governments exercising jurisdiction using the Act, along with some of the hopes and obstacles encountered through this work. Next, it considers some of the emerging jurisprudence interpreting the Act, and some of the implications this case law has on whether the stated purposes of the Act are being achieved. It concludes by highlighting the ongoing uncertainty and hopes for realizing the full potential and aspirations of the Act.
Public interest litigation (PIL) emerged as a distinct form of litigation originating from the historical trajectory and legal context of the United States. Initially shaped by America's legal associations and rooted in the civil rights movements of the mid-20th century, these litigations addressed the shortcomings in traditional democratic models. They serve as a mechanism to uphold the assurances enshrined in the legal framework, such as the Sani Law, catering to classes and individuals deprived of fundamental rights and human dignity. PILs are instrumental in granting marginalized segments of society access to judicial justice, primarily focusing on the safeguarding of their fundamental rights and the rectification of legal ambiguities. Moreover, they aspire to instigate 'social change,' where the outcomes extend beyond individual cases and can be applied to similar situations, amplifying their impact. Advocating for human rights principles stands as the underlying motive and impetus behind such petitions. Various nations, including India, have adapted and refined this litigation model to suit their distinct social contexts and legal structures. Notably, in India's legal system, the Supreme Court judges have spearheaded innovation, particularly in relaxing the stringent requirements for the plaintiff's general authority.
Law in general. Comparative and uniform law. Jurisprudence
This paper examines China’s claim to the South China Sea, focusing on how to maintain peace in a region with competing claims through codified law or external mechanisms. The first part of the paper examines the different levels of China’s claim to ninety percent of the South China Sea, starting from its historical claim to its territorial claim. Additionally, an in-depth look is given to the provisions of the United Nations Convention of the Law of the Seas, and how China’s claim conflicts with these provisions. The second part of the paper goes through the section of the dispute settlement provisions of the Convention, addressing the general provisions, procedures, and limitations concerning dispute resolution. The critiques of the dispute settlement provisions are addressed, alongside the lack of an enforcing body. Lastly, the external mechanisms that State parties can take to maintain peace with the region are analyzed, from other conventions to commercial responses.
Terrorism is a crime which involved more than one state to attack world peace and security. The handling of international terrorism is not only based on national law but also on international law. With the widespread concerns about cyber terrorism and the frequent use of the term “cyber terrorism“ at the present time, many international organization have made efforts to combat this threat. Since cyber terrorism is an international crime, local regulations alone are not able to defend against such attacks, they require Mutual Legal Assistance between States and a transnational response. Therefore, an attacked country will invoke international law to seek justice for any damage caused, through the exercise of universal jurisdiction. Cyber terrorism can’t be prevent just only with national regulation, the need for and international corporation between states to prevent and defend nations from cyber terrorism attacks. This article discusses about cyber terrorism is a transnational/international crime, it should be subjected to universal jurisdiction trough multinational corporation, and this would be the most suitable method to counter future transnational crime such as cyber terrorism.
Key Points • Understanding the impacts of SDG 16 on forests and people requires attention to the power dynamics that shape how all 17 SDGs are interpreted and implemented across the Global North and South. • As SDGs were agreed upon by nation states, SDG 16 places a strong emphasis on state power and the rule of law. • Yet inclusive governance requires the involvement of diverse actors, and consideration for customary laws and other non-state forms of rulemaking at global to local scales. • Many national laws governing forests and land use favour political elite, large-scale industry actors and international trade. • The development and strengthening of legal frameworks that support all of the SDGs – including those relevant to human rights, income inequalities, land tenure, gender and environmental protection – requires equal or greater priority than law enforcement. Otherwise, law enforcement will reinforce inequities and unsustainable practices. • SDG 16 provides an opportunity to overcome the stereotypes of the Global North as the referential role model for peace and democracy, by highlighting the role of the North in fostering market inequalities and global conflicts, and drawing attention to barriers to democratic and inclusive participation within the Global North. • How transparency, accountability and justice are conceived and prioritised shapes their impact on forests, as well as the degree to which their achievement either empowers forest-dependent peoples or excludes them from meaningful and informed engagement.
From sodomy laws in the apartheid era, to the institutionalisation of section 9 (3); (which is a protection order in the South African Constitution), which prevents total discrimination of persons based on race, gender, and sexual orientation; the rights of the lesbian, gay, bisexual, transgender and intersex (LGBTI) community, and their health and safety are not guaranteed when imprisoned for any crime that they may have committed. Sodomy was a common law crime in South Africa and despite the protection order South Africa still suffers from the disparaging homophobic tendencies from communities who are unsympathetic to the plight of the LGBTI. Through politics, religion and social aspects in South Africa and the African continent, there are great exclusionary measures. Human rights violations against the LGBTI in Africa has an ominous history including discrimination, persecution and prosecution of the LGBTI community. In most African countries, where being gay or being part of the LGBTI community is regarded as a crime, there is no guarantee that the LGBTI’s physical health and safety will be protected by the penal system when imprisoned. This article aims to look at the anti-gay laws that are still existing in most of the African countries; their discriminatory and inhumane stance and how that stance has an impact on the health and safety of the LGBTI community within the criminal justice cluster and specifically, within the penal system. The article will unpack the homophobic and exclusionary measures created by African countries towards the LGBTI community. The colonial era anti-gay laws are still applied in some African countries wherein these countries claim that homosexuality is un-African and ungodly. It seems to be a confusing stance as Christianity and the Bible were introduced by the colonisers. The article will in addition discuss the policies on the treatment, categorisation and health of prisoners and whether these policies cater for the LGBTI community within the criminal justice cluster.
Contribution: Recommendations that will come out of this article will explore possibilities of transformation of legislation, policies and rules such as the United Nations Standard Minimum Rules for the treatment of prisoners that should cater to the needs and the protection of the LGBTI community when incarcerated.
Over the last few decades, in disciplines as diverse as economics, geography and complex systems, a perspective has arisen proposing that many properties of cities are quantitatively predictable due to agglomeration or scaling effects. Using new harmonized definitions for functional urban areas, we examine to what extent these ideas apply to European cities. We show that while most large urban systems in Western Europe (France, Germany, Italy, Spain, UK) approximately agree with theoretical expectations, the small number of cities in each nation and their natural variability preclude drawing strong conclusions. We demonstrate how this problem can be overcome so that cities from different urban systems can be pooled together to construct larger datasets. This leads to a simple statistical procedure to identify urban scaling relations, which then clearly emerge as a property of European cities. We compare the predictions of urban scaling to Zipf's law for the size distribution of cities and show that while the former holds well the latter is a poor descriptor of European cities. We conclude with scenarios for the size and properties of future pan-European megacities and their implications for the economic productivity, technological sophistication and regional inequalities of an integrated European urban system.
ABSTRACT Hungary once represented a school-book case of transition to democracy. Now it offers insights into both contemporary Europe and theories of populism and nationalism. Resisting the traditional linear perspective to transition and a ‘demographic’ view of democracy, this article explores the relationships among democracy, populism and nationalism. This article operationalises performative and post-foundational theory of populism as a logic of articulation to explain Fidesz and the party leader Viktor Orbán’s illiberal measures, dichotomies between them and us, ultimately leading to nationalism and xenophobia. It shows how revolution, ‘illiberalism’ and migrants have served for populist meaning-making and are related to the political polarisation in Hungary. This article enhances the understanding of democracy by discussing the performative features of nation-building, populism and law-making in contemporary politics and finally the ‘Janus-face’ of populism. It sees 1989 as a populist moment of constitution of the foundations of a new era but also of the people central to democracy, and recognises attempts to generate similar moments in the 2010s.
Terrorist attack of September 11, 2001 shocked the world, it caused major changes in understanding the safety and security. Very soon we saw that our lives have changed, in response to the threat governments around the world began imposing restrictions on different rights for ensuring the prevention of similar attacks. But one major discussion was how the governments deal with the emergencies. This paper asks a relevant question – what happens when we see next attack, what it will it look like. Nineteen years later the world faced a completely different threat – a public health emergency, yet the discussion that commenced post-9/11 is an extremely relevant point to start discussion. The foregoing paper, published in 2003 is one of the strongest and most discussed work on the topic of emergencies, relevant for the readers to the date, when assessing the boundaries and the perspectives of emergencies.
Law of nations, Law in general. Comparative and uniform law. Jurisprudence
Anak Agung Ayu Nanda Saraswati, Kadek Wiwik Indrayanti
ABSTRACT
This article attempts to analyze public order as one of the permissible limitations of freedom of expression. There are different definitions of public order among countries. Some consider blasphemy, including cultural sensitivity and religious values as public orders, therefore a permissiblelimitations. For this reason, the views and interpretations of cultural relativism are important to be examined. This article concludes that countries with restrictions argue that freedom of expression is not absolute, but can be limited by religious values and cultural sensitivity, part of public order. Whereas based on the view of cultural relativism, all freedoms must be in accordance with local law, culture and local religion. However, the United Nations are in position that religious values and cultural sensitivity are not legitimate limitations to freedom of expression. Such limitations are not designed to protect belief systems from external or internal criticism, but to protect individuals against direct violations of their right. In this respect, the need for healthy dialogue and debate about religion are necessity.
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ABSTRAK
Artikel ini hendak menganalisa ketertiban umum sebagai salah satu pembatasan sah kebebasan berekspresi. Apa yang dimaksud dengan ketertiban umum diantara negara-negara berbeda. Ada negara yang menganggap bahwa penodaan agama merupakan pembatasan yang sah. Untuk itu, pandangan dan interpretasi dari pandangan relativisme budaya menjadi penting untuk diteliti. Artikel ini menyimpulkan bahwa negara-negara yang melakukan pembatasan berargumen kebebasan berekspresi tidaklah bersifat absolut, tetapi dapat dibatasi oleh nilai-nilai agama serta sensitifitas budaya yang merupakan bagian daripublic order. Berdasarkan pandangan relativisme budaya, segala kebebasan harus tetap sesuai dengan hukum, budaya dan juga agama setempat. Hanya saja, dalam hukum internasional, PBB tidak memposisikan penodaan agama termasuk nilai-nilai agama dan sensitifitas budaya sebagai pembatasan yang sah. Hal ini karena pembatasan tersebut tidak didesain untuk melindungi sistem kepercayaan dari kritik eksternal, melainkan melindungi individu dari pelanggaran langsung atas haknya. Dalam hal ini, dialog sehat dan perdebatan ilmiah tentang agama adalah suatu kebutuhan yang esensial.
The role of the judicial branch in the US checks and balances model of the separation of powers has never been univocal; An analysis of the epochs reveals that this branch of government has come together in an interesting and complex way of evolution. The following paper briefly discusses the basic essence of the US constitutional model, the development of constitutional review within its framework, key characteristics of the Supreme Court control, along with sever-al case-law decisions and the contemporary challenges of the American Supreme Court in a polarized political climate.
Law of nations, Law in general. Comparative and uniform law. Jurisprudence
Several challenges involving torture-related human rights violations have been reported in Zimbabwe from the late 1970s to date. Notably, these torture-related human rights violations were problematic during the liberation war era in Zimbabwe. Regrettably, such violations are allegedly still prevalent, especially prior to and/or during general political elections in Zimbabwe. Accordingly, this article investigates torture as a human rights violation in Zimbabwe, inter alia by focusing on the role of selected law enforcement agencies in the protection of human rights in Zimbabwe. The article also discusses the legal position on torture and the perpetration of torture against ordinary people prior to as well as after independence in Zimbabwe. This is done to investigate the adequacy of the legal framework in Zimbabwe with regard to the combatting of torture. In relation to this, selected regional and international legal frameworks against torture are briefly discussed in order to determine possible measures that could be utilised in Zimbabwe. The authors submit that although the Constitution of Zimbabwe Amendment (No 20) Act, 2013 (Zimbabwe Constitution, 2013) prohibits torture, more may still need to be done to enhance the combatting of torture in Zimbabwe. For instance, apart from the prohibition contained in the Zimbabwe Constitution, 2013, there is no legislation that expressly outlaws torture in Zimbabwe. Moreover, Zimbabwe has not ratified the United Nations (UN) Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 1984 (UN Convention against Torture) to date. Lastly, concluding remarks and possible recommendations that could be employed to discourage torture-related human rights abuses in Zimbabwe are provided.
Law in general. Comparative and uniform law. Jurisprudence
Greta Gaard writes that “[t]he pervasive availability of cows’ milk today—from grocery stores to gas stations—is a historically unprecedented product of industrialization, urbanization, culture, and economics.” To these factors, I would add colonialism and international law; the latter understood broadly to include the rules considered binding between states and nations, transnational law, legal transplants, international food aid, and international trade law. Until the end of the Nineteenth Century, the majority of the world population neither raised animals for their milk nor consumed animal milk. Humans are unique in the mammalian realm in that they drink the milk of other species, including beyond infancy. With the European conquest of the New World and other territories starting in the Sixteenth Century, dairying began to spread worldwide—settlers did not set out to colonize lands and people alone; they brought with them their flora, fauna, and other forms of life, including lactating animals such as cows and sheep.
Comparative law. International uniform law, Private international law. Conflict of laws
In this work, touched on some social issues whatever the result, and a raising awareness was aimed by some new technological upgrades for the vital infrastructures of states, social order and economic plans. The main aim is one world order which has no king and accepts nations as local governance as a requirement of hierarchical order. It is completely based on economic benefits of all nations as there is no alternative to establish a healthy economic order as economic management is directly related with laws. As the important is a law exists or not, or is just or not for justice, also it encourages to develop organic laws in state institutions as it recognizes any state institution as autonomous. No state has this constitution. This work is only an offer.