Hasil untuk "Public law"

W. Espeland, Michael Sauder

I. Seidl-Hohenveldern, J. Brownlie

Abbreviations Table of Cases Glossary PART I: PRELIMINARY TOPICS I. Sources of the Law II: The Relation of Municipal and International Law PART II: PERSONALITY AND RECOGNITION III. Subjects of the Law IV. Incidence and Continuity of Satehood V. Recognition of States and Governments PART III: TERRITORIAL SOVERIGNTY VI. Territorial Soverignty VII The Creation and Transfer or Territorial Soverignty VIII. Status of Territory: Further Problems PART IV: LAW OF THE SEA IX. Territorial Sea, Contiguous Zones, and Exclusive Economic Zones A. Territorial Sea B. Specialized Rights X. The Continental Shelf: Delimitation of Shelf Areas and Exclusive Economic Zones XI. the Regime of the High Seas PART V: COMMON AMENITIES AND CO-OPERATION IN THE USE OF RESOURCES XII. Common Amenities and Co-operation in the Use of Resources XIII. Legal Aspects of the Protection of the Environment PART VI: STATE JURISDICTION XIV. Soverignty and Equality of States XV. Jurisdictional Competence XVI. Privileges and Immunities of Foreign States XVII. Diplomatic and Consular Relations XVIII. Reservations from Territorial Soverignty PART VII: RULES OF ATTRIBUTION (APART FROM TERRITORIAL SOVERIGNTY AND STATE JURISDICTION) XIX. The Relations of Nationality XX. Some Rules of Attribution: Corporations and Specific Assets PART VIII: THE LAW OF RESPONSIBILITY XXI. The Responsibility of States XXII. The Admissibility of State Claims XXIII. Some Incidents of Illegality and the Concept of Jus Cogens PART IX: THE PROTECTION OF INDIVIDUALS AND GROUPS XXIV. Injury to the Persons and Property of Aliens on State Territory XXV. The Protection of Individuals and Groups: Human Rights and Self-Determination PART X: INTERNATIONAL TRANSACTIONS XXVI. The Law of Treaties XXVII. Other Transactions: Agency and Representation PART XI: TRANSMISSION OF RIGHTS AND DUTIES XXVIII. State Succession XXIX. Other Cases of Transmission of Rights and Duties PART XII: INTERNATIONAL ORGANIZATIONS AND TRIBUNALS XXX. International Organizations XXXI. The Judicial Settlement of International Disputes Index

J. Rawls

Zhenming Fang, Xiaoran Kong, A. Şensoy et al.

Abstract Based on the impact of the new environmental protection law promulgated by the Chinese government in 2015, we employ the difference-in-differences (DID) approach to investigate the impact of government environmental regulation on corporate green innovation. The evidence shows that government environmental regulation can significantly increase the number of green patents of heavily polluting industries. This result holds after a series of robustness tests. The analysis of the economic mechanism indicates that the new environmental protection law brings supervision pressure to heavily polluting firms, prompting them to improve the quality of information disclosure, thus improving green innovation. In addition, the regional economic development level, government subsidies, and public supervision can significantly affect the positive impact of the new environmental protection law. Meanwhile, the effect is more prominent in non-state-owned enterprises and in firms with small scale, low profitability, and weak internal governance.

Jonathan J. Rolison, Shirley Regev, S. Moutari et al.

What are the main contributing factors to road accidents? Factors such as inexperience, lack of skill, and risk-taking behaviors have been associated with the collisions of young drivers. In contrast, visual, cognitive, and mobility impairment have been associated with the collisions of older drivers. We investigated the main causes of road accidents by drawing on multiple sources: expert views of police officers, lay views of the driving public, and official road accident records. In Studies 1 and 2, police officers and the public were asked about the typical causes of road traffic collisions using hypothetical accident scenarios. In Study 3, we investigated whether the views of police officers and the public about accident causation influence their recall accuracy for factors reported to contribute to hypothetical road accidents. The results show that both expert views of police officers and lay views of the driving public closely approximated the typical factors associated with the collisions of young and older drivers, as determined from official accident records. The results also reveal potential underreporting of factors in existing accident records, identifying possible inadequacies in law enforcement practices for investigating driver distraction, drug and alcohol impairment, and uncorrected or defective eyesight. Our investigation also highlights a need for accident report forms to be continuously reviewed and updated to ensure that contributing factor lists reflect the full range of factors that contribute to road accidents. Finally, the views held by police officers and the public on accident causation influenced their memory recall of factors involved in hypothetical scenarios. These findings indicate that delay in completing accident report forms should be minimised, possibly by use of mobile reporting devices at the accident scene.

Stanić Miloš, Galić Borislav

Society is undergoing rapid transformation, posing significant challenges to legal systems worldwide. A central aspect of this transformation is the development of artificial intelligence (AI). At the same time, the right to a healthy environment, guaranteed by the constitution worldwide, is a fundamental human right and concerns all citizens, because everyone affects the state of the environment. The authors in this paper, after introducing the concept of artificial intelligence itself, first deal with the current normative state of the art in this area, both at the level of international public law and at the level of domestic legal orders. After that, the importance of environmental protection, the legal framework for its protection, and the norms regarding the use of artificial intelligence in environmental protection are presented, with an appropriate conclusion.

Nuo Xu, Pinghui Wang, Long Chen et al.

Legal Judgement Prediction (LJP) is the task of automatically predicting a law case’s judgment results given a text describing the case’s facts, which has great prospects in judicial assistance systems and handy services for the public. In practice, confusing charges are often presented, because law cases applicable to similar law articles are easily misjudged. To address this issue, existing work relies heavily on domain experts, which hinders its application in different law systems. In this paper, we present an end-to-end model, LADAN, to solve the task of LJP. To distinguish confusing charges, we propose a novel graph neural network, GDL, to automatically learn subtle differences between confusing law articles, and also design a novel attention mechanism that fully exploits the learned differences to attentively extract effective discriminative features from fact descriptions. Experiments conducted on real-world datasets demonstrate the superiority of our LADAN.

Zeynep Engin, P. Treleaven

The data science technologies of artificial intelligence (AI), Internet of Things (IoT), big data and behavioral/predictive analytics, and blockchain are poised to revolutionize government and create a new generation of GovTech start-ups. The impact from the ‘smartification’ of public services and the national infrastructure will be much more significant in comparison to any other sector given government's function and importance to every institution and individual. Potential GovTech systems include Chatbots and intelligent assistants for public engagement, Robo-advisors to support civil servants, real-time management of the national infrastructure using IoT and blockchain, automated compliance/regulation, public records securely stored in blockchain distributed ledgers, online judicial and dispute resolution systems, and laws/statutes encoded as blockchain smart contracts. Government is potentially the major ‘client’ and also ‘public champion’ for these new data technologies. This review paper uses our simple taxonomy of government services to provide an overview of data science automation being deployed by governments world-wide. The goal of this review paper is to encourage the Computer Science community to engage with government to develop these new systems to transform public services and support the work of civil servants.

Brendan Bertone, Paul Wagner, Joshua Pauli

<p>The cybersecurity profession continues to face a significant shortfall of qualified professionals despite steady growth in degree programs. Employers consistently cite experience as the main barrier for entry-level cybersecurity hires. This paper argues that clinic-based experiential learning offers a scalable solution to that preparation gap. A systematic literature review spanning academic and professional literature was conducted to examine: (1) barriers to entry for aspiring cybersecurity professionals; (2) the effectiveness of experiential learning compared to traditional instruction; and (3) the viability and scalability of cybersecurity clinics. Screening emphasized workforce development, experiential pedagogy, and alignment with the NICE Cybersecurity Workforce Framework. Findings show persistent misalignment between curricula and employer demands as entry-level roles frequently require prior professional experience, certifications, and proficiency with industry-standard tools. In contrast, experiential models grounded in Kolb’s learning cycle and informed by traditions in law and health consistently improve technical competence, professional judgment, and job readiness. Cybersecurity clinics, implemented as capstones, semester courses, perpetual or club programs, or internships, provide authentic client work that builds student portfolios and professional networks while delivering public-interest services. This paper examines two Arizona initiatives, Regional Security Operations Centers (RSOCs) and the Arizona Cybersecurity Clinic, as illustrative examples of scaling experiential models to server under-resourced organizations while producing measurable workforce benefits. Contributions include a synthesis of clinic models and tools, a preliminary mapping of clinic activities to NICE roles and KSAs, and a forward agenda defining shared evaluation metrics, open datasets, and longitudinal outcome studies.</p>

Sara Santini, Gianluca Busilacchi, Giovanni Lamura et al.

BackgroundIn Italy, population ageing is causing an unprecedented demand for long-term care (LTC) services, that led to the recent national reform of the LTC system (Law n. 33/2023). Since LTC services are provided by regional authorities, identifying drivers of and barriers to their use by older people and their family caregivers locally is very important to identify the mismatch between national regulation and local demand of these services.MethodsTo this purpose, in 2019-2020, 450 family caregiver (FC)-older care recipient (OCR) dyads from 13 healthcare districts of the Marche region (Central Italy) were surveyed. A Two-step Bayesian Multiclass procedure was used for the analysis. The main drivers of the use of healthcare services are FC’s age and gender (being a man), and OCR’s age and level of disability.ResultsThe main barrier to the use of private services is their cost, while for the public ones is their unavailability. The most common private service is represented by migrant care workers (MCWs), hired privately by the older people’s families.ConclusionFindings suggest that the recent national LTC reform in Italy does not seem to have fully captured the LTC needs of older people, and some policy suggestions are therefore provided in this regard.

Csaba Varga

Authority is a fundamental tool of social integration. By selecting the most laudable and exemplary patterns, behaviours, actions or events – whether real or merely imagined – from the entire range of potentialities, it creates a community capable of communal action, by transforming an undifferentiated mass of independent individuals into a somewhat cohesive social group able to find common ground on matters vital for their shared existence, thus turning mere quantity into quality. It is thus evident that the existence of a certain degree of authority is also the basis for the viability of public administration, public policy and public management – to name but a few – in any given society. This paper will examine the conditions, manifestations and correlations of authority in the various domains of its social context, in order to provide a comprehensive account of its existence, its inevitability, but also the dangers inherent in its weakening.

L. Thomas van Binsbergen, Marten C. Steketee, Milen G. Kebede et al.

Compliance with the GDPR privacy regulation places a significant burden on organisations regarding the handling of personal data. The perceived efforts and risks of complying with the GDPR further increase when data processing activities span across organisational boundaries, as is the case in both small-scale data sharing settings and in large-scale international data spaces. This paper addresses these concerns by proposing a case-generic method for automated normative reasoning that establishes legal arguments for the lawfulness of data processing activities. The arguments are established on the basis of case-specific legal qualifications made by privacy experts, bringing the human in the loop. The obtained expert system promotes transparency and accountability, remains adaptable to extended or altered interpretations of the GDPR, and integrates into novel or existing distributed data processing systems. This result is achieved by defining a formal ontology and semantics for automated normative reasoning based on an analysis of the purpose-limitation principle of the GDPR. The ontology and semantics are implemented in eFLINT, a domain-specific language for specifying and reasoning with norms. The XACML architecture standard, applicable to both access and usage control, is extended, demonstrating how GDPR-based normative reasoning can integrate into (existing, distributed) systems for data processing. The resulting system is designed and critically assessed in reference to requirements extracted from the GPDR.

Mingruo Yuan, Ben Kao, Tien-Hsuan Wu et al.

Access to legal information is fundamental to access to justice. Yet accessibility refers not only to making legal documents available to the public, but also rendering legal information comprehensible to them. A vexing problem in bringing legal information to the public is how to turn formal legal documents such as legislation and judgments, which are often highly technical, to easily navigable and comprehensible knowledge to those without legal education. In this study, we formulate a three-step approach for bringing legal knowledge to laypersons, tackling the issues of navigability and comprehensibility. First, we translate selected sections of the law into snippets (called CLIC-pages), each being a small piece of article that focuses on explaining certain technical legal concept in layperson's terms. Second, we construct a Legal Question Bank (LQB), which is a collection of legal questions whose answers can be found in the CLIC-pages. Third, we design an interactive CLIC Recommender (CRec). Given a user's verbal description of a legal situation that requires a legal solution, CRec interprets the user's input and shortlists questions from the question bank that are most likely relevant to the given legal situation and recommends their corresponding CLIC pages where relevant legal knowledge can be found. In this paper we focus on the technical aspects of creating an LQB. We show how large-scale pre-trained language models, such as GPT-3, can be used to generate legal questions. We compare machine-generated questions (MGQs) against human-composed questions (HCQs) and find that MGQs are more scalable, cost-effective, and more diversified, while HCQs are more precise. We also show a prototype of CRec and illustrate through an example how our 3-step approach effectively brings relevant legal knowledge to the public.

Heather J. Alexander, Jonathan A. Simon, Frédéric Pinard

The law draws a sharp distinction between objects and persons, and between two kinds of persons, the ''fictional'' kind (i.e. corporations), and the ''non-fictional'' kind (individual or ''natural'' persons). This paper will assess whether we maximize overall long-term legal coherence by (A) maintaining an object classification for all future AI systems, (B) creating fictional legal persons associated with suitably advanced, individuated AI systems (giving these fictional legal persons derogable rights and duties associated with certified groups of existing persons, potentially including free speech, contract rights, and standing to sue ''on behalf of'' the AI system), or (C) recognizing non-fictional legal personhood through legal identity for suitably advanced, individuated AI systems (recognizing them as entities meriting legal standing with non-derogable rights which for the human case include life, due process, habeas corpus, freedom from slavery, and freedom of conscience). We will clarify the meaning and implications of each option along the way, considering liability, copyright, family law, fundamental rights, civil rights, citizenship, and AI safety regulation. We will tentatively find that the non-fictional personhood approach may be best from a coherence perspective, for at least some advanced AI systems. An object approach may prove untenable for sufficiently humanoid advanced systems, though we suggest that it is adequate for currently existing systems as of 2025. While fictional personhood would resolve some coherence issues for future systems, it would create others and provide solutions that are neither durable nor fit for purpose. Finally, our review will suggest that ''hybrid'' approaches are likely to fail and lead to further incoherence: the choice between object, fictional person and non-fictional person is unavoidable.

Sanja Šćepanović, Sagar Joglekar, Stephen Law et al.

Urban greenery is often linked to better health, yet findings from past research have been inconsistent. One reason is that official greenery metrics measure the amount or nearness of greenery but ignore how often people actually may potentially see or use it in daily life. To address this gap, we introduced a new classification that separates on-road greenery, which people see while walking through streets, from off-road greenery, which requires planned visits. We did so by combining aerial imagery of Greater London and greenery data from OpenStreetMap with quantified greenery from over 100,000 Google Street View images and accessibility estimates based on 160,000 road segments. We linked these measures to 7.45 billion medical prescriptions issued by the National Health Service and processed through our methodology. These prescriptions cover five conditions: diabetes, hypertension, asthma, depression, and anxiety, as well as opioid use. As hypothesized, we found that green on-road was more strongly linked to better health than four widely used official measures. For example, hypertension prescriptions dropped by 3.68% in wards with on-road greenery above the median citywide level compared to those below it. If all below-median wards reached the citywide median in on-road greenery, prescription costs could fall by up to £3.15 million each year. These results suggest that greenery seen in daily life may be more relevant than public yet secluded greenery, and that official metrics commonly used in the literature have important limitations.

J. Dijck

Abstract Online digital platforms have deeply penetrated every sector in society, disrupting markets, labor relations and institutions, while transforming social and civic practices. Moreover, platform dynamics have affected the very core of democratic processes and political communication. After a decade of platform euphoria, in which tech companies were celebrated for empowering ordinary users, problems have been mounting over the past three years. Disinformation, fake news, and hate speech spread via YouTube, Twitter, and Facebook poisoned public discourse and influenced elections. The Facebook—Cambridge Analytica scandal epitomized the many privacy breaches and security leaks dogging social media networks. Further compounded by charges of tax evasion and the undermining of fair labor laws, big tech companies are facing a serious ‘techlash’. As some argued, the promotion of longstanding public values such as tolerance, democracy, and transparency are increasingly compromised by the global ‘exports’ of American tech companies which dominate the online infrastructure for the distribution of online cultural goods: news, video, social talk, and private communication (Geltzer & Gosh, 2018). As extensively discussed in our book ‘The Platform Society: Public Values in a Connected World’, the digitization and ‘platformization’ of societies involve several intense struggles between competing ideological systems and their contesting actors, prompting important questions: Who should be responsible for anchoring public values in platform societies that are driven by algorithms and fueled by data? What kind of public values should be negotiated? And how can European citizens and governments guard certain social and cultural values while being dependent on a platform ecosystem which architecture is based on commercial values and is rooted in a neolibertarian world view?

Theuan Carvalho Gomes

A tragédia da Boate Kiss ganhou repercussão nacional e, no último mês de dezembro, foi julgada no Tribunal do Júri. Todavia, a principal controvérsia que decorreu do julgamento veio justamente do Supremo Tribunal Federal. No último dia 16 de dezembro, o Ministro Luiz Fux, a bem da verdade, impediu que o Tribunal de Justiça do Rio Grande do Sul concedesse Habeas Corpus aos acusados. No limite, houve supressão da garantia do Habeas Corpus. Se mantida tal decisão pelo plenário, todavia, o Brasil poderá ser condenado no Sistema Interamericano de Direitos Humanos. Diante desse quadro, à luz da Constituição Federal, evidencia-se o fundamental papel que o Plenário do Supremo desempenhará no julgamento do caso concreto.

Beatriz Pérez, Carolina Alveal-Álamos

Abstract: Myths about health and abortion in Chile have been identified as a barrier to the implementation of Law 21.030 on the Voluntary Termination of Pregnancy. However, no measure adapted to the Chilean socio-cultural reality with adequate psychometric properties would allow us to verify the extent of misinformation. This study aims to design and analyze the psychometric properties of the Myths About Health and Abortion Scale (MHAS) in a Chilean community population. This study presents a sample of 613 participants. We obtained a unidimensional 5-item scale by cross-validity (χ2 = 21.702; df = 4; p < .001); RMSEA = .085 (90% CI [.052, .122]); CFI = .993; TLI = .982; GFI = .995) with adequate reliability of scores in the study sample (Sub-sample 1, McDonald's omega = .871; Sub-sample 2, McDonald's omega = .842); and evidence of validity in relation to other variables (e.g., the MHAS correlates with Sexual Double Standard (r = .354; p < .001), and Group Dominance (r = .307; p < .001), for use on the Chilean population. The most uninformed participants have a low education level, are older, have a conservative ideological profile in terms of religion and politics, and have a higher agreement with sexual double standards and social domination. This new approach allows us to quantify the issue of stigmatization and decision-making faced by women contemplating abortion, as well as to expose the deliberate dissemination of misinformation as a political strategy to oppose permissive abortion legislation. Keywords: beliefs; voluntary termination of pregnancy; instrument; validity; reliability; misinformation. Resumen: Los mitos sobre salud y aborto en Chile han sido identificados como una barrera para la implementación de la Ley 21.030 sobre Interrupción Voluntaria del Embarazo. No obstante, no existe una medida adaptada a la realidad sociocultural chilena con adecuadas propiedades psicométricas que nos permita constatar la extensión de la desinformación. Este estudio tiene como objetivo diseñar y analizar las propiedades psicométricas de la Escala de Mitos sobre Salud y Aborto (EMSA) en población comunitaria chilena. Este estudio presenta una muestra de 613 participantes. Como resultado obtuvimos una escala de 5 ítems unidimensional mediante validez cruzada (χ2 = 21,702; gl = 4; p < ,001; RMSEA = ,085 (IC 90% [,052 ,122]); CFI = ,993; TLI = ,982; GFI = ,995); con adecuada fiabilidad de las puntuaciones en la muestra de estudio (submuestra 1, Omega de McDonald = ,871; submuestra 2, Omega de McDonald = ,842); y evidencias de validez en relación con otras variables (p. ej., , EMSA correlaciona con Doble Moral Sexual (r = ,354; p < ,001), y Dominación Grupal (r = ,307; p < ,001) para su uso con población chilena. Las y los participantes más desinformados tienen un bajo nivel educativo, son mayores, un perfil ideológico conservador en lo religioso y lo político, y mayor acuerdo con el doble estándar sexual y la dominación social. Esta nueva herramienta nos brinda la posibilidad de medir una problemática implicada en la estigmatización y toma de decisión de las mujeres que se plantean el acceso al aborto; y de transparentar el uso de la desinformación como estrategia política para desincentivar políticas permisivas sobre el aborto. Palabras clave: creencias; interrupción voluntaria del embarazo; instrumento; validez; fiabilidad; desinformación. Resumo: Os mitos sobre saúde e aborto no Chile foram identificados como uma barreira à implementação da Lei 21.030 sobre a Interrupção Voluntária da Gravidez. No entanto, não existe uma medida adaptada à realidade sociocultural chilena com propriedades psicométricas adequadas que nos permita verificar a extensão da desinformação. Este estudo tem como objetivo desenhar e analisar as propriedades psicométricas da Escala de Mitos sobre Saúde e Aborto (EMSA) numa população comunitária chilena. Este estudo apresenta uma amostra de 613 participantes. Como resultado, obtivemos uma escala unidimensional de 5 itens, por validade cruzada (χ2 = 21,702; gl = 4; p < ,001; RMSEA = ,085 (IC 90% [,052 ,122]); CFI = ,993; TLI = ,982; GFI = 995); com fiabilidade adequada das pontuações na amostra do estudo (Subamostra 1, Omega de McDonald = ,871; Subamostra, Omega de McDonald = ,842); e evidência de validade em relação a outras variáveis (por exemplo, o EMSA correlaciona-se com a Moral Sexual Dupla (r = ,354; p < ,001), e a Dominância de Grupo (r = ,307; p < ,001), para uso com a população chilena. Os participantes mais desinformados têm um baixo nível de escolaridade, são mais velhos, têm um perfil ideológico conservador na religião e na política, e têm uma maior concordância com a dupla moral sexual e a dominação social. Esta nova ferramenta dános a possibilidade de medir um problema implicado na estigmatização e na tomada de decisão das mulheres que consideram aceder ao aborto; e de tornar transparente a utilização da desinformação como estratégia política para desencorajar políticas permissivas sobre o aborto. Palavras-chave: crenças; interrupção voluntária da gravidez; instrumento; validade; confiabilidade; desinformação.

Xiang Peng, Deheng Xiao

This study adopted the double difference method to study the effect of open government data (OGD) on city green land-use efficiency (CGLUE). It was found that opening government data had a significant promotional effect on CGLUE, and a number of robustness tests were the foundation for this finding. A mechanism analysis demonstrated that two key avenues via which government data openness can promote CGLUE are raising public awareness of environmental issues and strengthening urban green innovation potential. A heterogeneity analysis found that the effect of government data openness on CGLUE was more obvious in eastern cities, cities with higher levels of digital finance, and non-resource-based cities. In addition, open government data also reduced urban carbon emissions while improving CGLUE, contributing to China’s “double carbon” goal.

Jerchern Lin

The purpose of the article. Managed portfolios are subject to tail risks, which can be either index level (systematic) or fund-specific. Examples of fund-specific extreme events include those due to big bets or fraud. This paper studies the two components in relation to compensation structure in managed portfolios. Methodology. A novel methodology is developed to decompose return skewness and kurtosis into various systematic and idiosyncratic components and applied it to the returns of different fund types to assess the significance of these sources. In addition, a simple model generates fund-specific tail risk and its asymmetric dependence on the market, and makes predictions for where such risks should be concentrated. The model predicts that systematic tail risks increase with an increased weight on systematic returns in compensation and idiosyncratic tail risks increase with the degree of convexity in contracts. Results of the research. The model predictions are supported with empirical results. Hedge funds are subject to higher idiosyncratic tail risks and Exchange Traded Funds exhibit higher systematic tail risks. In skewness and kurtosis decompositions, the results indicate that coskewness is an important source for fund skewness, but fund kurtosis is driven by cokurtosis, as well as volatility comovement and residual kurtosis, with the importance of these components varying across fund types. Investors are subject to different sources of skewness and fat tail risks through delegated investments. Volatility based tail risk hedging is not effective for all fund styles and types.