Frontiers in Law

The Implementation of Sustainable Development to Achieve Climate Justice: Indonesian Perspective as an Archipelagic State

Sri Wartini — 2024-02-14

Climate change causes serious impacts to the environment and to human beings. The impacts of climate change cannot be overcome by a single state, but it needs international cooperation. Each state has to act locally to participate in combating climate change in order to achieve climate justice. The research aims to analyze comprehensively the implementation of sustainable development to achieve climate justice Indonesian Perspective as an Archipelagic State. This study is a normative juridical research by applying conceptual and statutory approaches. The result of the research found that the policies strategies and efforts of Indonesian government to participate in achieving climate justice in the global spere still needs to be improved. However, there are some opportunities and challenges that have to be addressed. Thus, it is necessary to educate and to improve the public awareness to participate in the efforts of implementing sustainable development principle to achieve climate justice.

Local Self-Governance and State Power in the Russian Federation: In the Search for a Way Out of the Institutional Trap

Mikhail Yurievich Martynov — 2024-03-20

The subject of the study is the causes of the contradiction that have arisen in the legal and political field of modern Russia, related to the status of the institution of local self-government. On the one hand, local self-government, in fact, acts as a lower level of public administration, both in political practice and in mass consciousness. But legally, its bodies are not part of the system of state power. The author explains this situation by the institutional trap into which the state power has fallen.

The author sees the reasons for the emergence of this collision between the needs of political practice and legislative requirements in the coincidence of circumstances caused by the struggle of actors during the political confrontation between the legislative and executive powers in October 1993. The lack of socio-economic support, necessary for the full functioning of the institution, made it inevi that in the future that institution would turn into a "lower floor" of the system of state administration, with the simultaneous camouflaging municipal bodies as a non-governmental organization.

It is shown that throughout the entire subsequent history of local self-government existence attempts were made to resolve this contradiction. The latest attempt was made in the latest version of the Constitution of the Russian Federation by including state and local self-government bodies into the system of unified public power.

It is noted that the functioning of nominally self-governing, but basically - state bodies at the local level has a number of negative consequences. Organizational and legal ways out of the "institutional trap" are suggested.

The Doctrine of Excessive Formalism in the Legal Theory and Practice of the European Court of Human Rights

Oksana Shcherbaniuk — 2024-03-20

As a means of organising certain existing disputes and resolving conflicts within society, it has made the institution of procedural formalities necessary since the beginning of history. The existence of formalities in a proceeding, whether judicial or extrajudicial, serves to limit certain situations in the course of the process. It is well known that there are several principles that regulate the formalities of procedure, mainly by establishing procedural limits. These reason values are thus aimed at achieving the principles of purpose. The methodological basis of the article is the dialectical method of cognition based on materialistic dialectic with the use of such general scientific methods as analysis, synthesis, induction, deduction, abstraction, specification, analogy, hypothesis building method, and the system-structural method. The study has resulted in the identification of cases of excessive formalism by courts when applying the rules of procedural law. The practical significance of the results obtained is to prevent such mistakes by law enforcement authorities in the future. As a result of writing this article, the author has established that the main manifestations of excessive formalism are the creation by the court of procedural obstacles to the implementation of procedural rules by the parties to the case, strict interpretation by national legislation of the procedural rules, and return of an administrative claim on formal grounds. It is proved that excessive formalism in resolving the issue of acceptance of a statement of claim leads to a violation of the right to fair judicial protection.

Judges and Social Networks

Carlos Manuel Rosales — 2024-03-20

It is essential that the judicial function be public, discreet, and professional. Its legitimacy as a public authority is acquired through the recognition of judgments, in which there is an identification between decisions and society. But what type of communication must be made by the judiciary, and especially by judges, to provide information about their activities, and ensure that their interaction strengthens the republic, generating proximity between the sovereign and the public power.

Algorithmic Decision Making: Can Artificial Intelligence and the Metaverse Provide Technological Solutions to Modernise the United Kingdom’s Legal Services and Criminal Justice?

C. Singh — 2024-05-15

Artificial intelligence (AI), machine learning (ML) and deep learning (DL) have had a profound impact on various sectors including Banking (Fin Tech), Health (HealthTech) and Charitable Fundraising (Charity Tech). The ‘natural’ ability of an AI system to independently perform and, often, outthink its human-counter parts by developing ‘intelligence’(simulating human intelligence) through its own experiences and processing deep layers of information i.e., complex representations of data, and learn has resulted in astounding improvements in the completion of tasks that are complex and technical, time-consuming.AI, with the ease of working with the most granular level of detail, can identify people and objects, recognise voices, uncover patterns and, in advance, screen for problems. Yet, RegTech (or LawTech/LegalTech) has not seen the same level of advancement. AI can provide solutions and enormous economic, political, and social benefits – in terms of public service administration. The purpose of this article is to explore advents in AI (ML and DL) and whether the criminal justice system, in the United Kingdom (UK), which is heavily overburdened, could benefit from some of the advances that have taken place in other sectors and jurisdictions, and whether automation and algorithmic decision making could be used to modernise it. This research draws on domestic and international published law, regulation, and literature, and isset out in six parts, the first partre views the position of the criminal justice system i.e., issues, part two then looks at relative technological advancements in AI, and the Metaverse. Part three explores current advents in AI relating to RegTech (LawTech/LegalTech) and how, if at all, the CJS can use this technology. Part four explores what aspects of the U.K.’s CJS would be fit for automation. Part five focuses on those matters pertaining to AI that pose problems in relation to matters in part 4 i.e., AI discrimination and bias, and explores safeguarding and mitigation including the requirement for explanation as set out in the GDPR. Part six concludes the discussion with some recommendations, as at, January 2024. It is suggested that AI and algorithmic decision making, with the correct legal framework and safeguards in place, could assist in modernising the CJS focussed legal functions, services in law firms, innovating for the next decade. This work is original and timely given the increased debate relating to how AI can assist in modernising the U.K.’s CJS, the global criminal justice challenges, solutions, and what, if any, role the Metaverse can play.

Suprema Lex Esto Principle and its Implementation

Hibnu Nugroho — 2024-08-13

The Suprema Lex Esto principle is debated when applied as a rationale in the implementation of Government Regulation instead of Law Number 1 of 2020 concerning State Financial Policy and Financial System Stability for Handling the COVID-19 Pandemic, the discretion of handling COVID-19 and its impact using the basis of this principle raises a prohibition to make cases or crimes if problems arise. All state expenditures in the field of handling Covid 19 which function to protect the public cannot be said to be state losses. From this background, the problem arises How is the Implementation of the Suprema Lex Esto Principle during the COVID-19 emergency in Indonesia? This research has an object of law research, so this research is juridical research. Because the focus of the study is on the Application of the Suprema Lex Esto Principle during the Covid 19 Emergency, this includes juridical methods in a broad sense, so the approach method used is the empirical method.

Women’s Health Under Sustainable Development Goal 5: A Neglected Discourse

Sufiya Ahmed — 2024-11-27

Sustainable Development Goal 5 (SDG 5) contemplates minimizing the gap between men and women and achieving gender equality and empowering all women and girls by the year 2030. It categorizes the goal of gender equality and empowerment of all women into nine more sub-divisions. Target 6 talk about to “Ensuring universal access to sexual and reproductive health and reproductive rights as agreed in accordance with the Programme of Action of the International Conference on Population and Development and the Beijing Platform for Action and the outcome documents of their review conferences.” As per the World Health Organization, right to health must be ensured to every person, it states that "the enjoyment of the highest attainable standard of health is one of the fundamental rights of every human being without distinction of race, religion, political beliefs, economic or social conditions.” However, research has shown that how this basic human right is being denied to women in the name of socio-religious & cultural beliefs which are responsible for deterioration of women’s health altogether. Socially, women are considered powerless and weaker sex. Culturally, they have to be at all times in the service of every member of the household and as such, are the last person to be bothered about. And biologically, as the structure of women’s body does not remain as static as of men rather it undergoes to drastic change with the growth of their age where a woman has to face myriads of health related issues owing to her sexual and reproductive organs, instead of addressing these health issues medically, people often choose to overlook it as their mind consider such issues as “women’s problem” about which one cannot do anything as if she is destined to develop these health problems just because she is a woman. This paper critically analyzes the health status of women in India and also suggests for a good healthcare system to achieve the goal of gender equality as given in Sustainable Development Goal 5.

Judicial Justice and the European Regulation on Artificial Intelligence

Fernando Galindo Ayuda — 2024-11-27

The study has identified several difficulties in effectively implementing artificial inteligence (AI) techniques in judicial proceedings. The approval of regulations, such as Spain's Royal Decree-Law 6/2023, is insufficient for Judges and legal professionals to use these technologies effectively. Several reasons for these challenges are highlighted. Firstly, judicial proceedings and the resulting sentences must be approved by all participants, including the parties involved, Lawyers, Prosecutors, and Judges. The focus should be on the specific conflict and relevant legal texts or precedents, not on AI-generated models based on past data, which may be biased.Secondly, AI technologies are not designed to assist in the specific tasks required by Judges and other officials responsible for processing judicial proceedings. Judicial processes are governed by strict constitutional, procedural, and substantive norms that AI systems are not equipped to handle without significant human oversight.The study also references critical experiences in other countries and opinions from the General Council of the Judiciary in Spain, which point out the lack of precision in the Spanish regulation regarding the use of AI in judicial activities. This indicates that the existing legal framework has not adequately considered the complexities of integrating information and communication technologies into judicial processes. Therefore, promoting AI technologies in judicial applications requires not only regulatory approval but also comprehensive reforms to existing norms and the creation of precise complementary regulations. These measures must align with the legal system and, especially, with the AI Regulation approved by the European Parliament and Council.

International Trade with Special Emphasis on the Free Movement of Goods and Services in Kosovo and Beyond

Dafina Vlahna — 2024-11-29

Current topic in international countries and especially in the member countries of the European Union is free trade, with special emphasis on the freedom of circulation of goods. Based on the legislation in force and the developed practice when it comes to the markets developed between international states, the study in question analyses the specific problems that appear in the markets developed between the individual states of the EU member states. Thus, based on the past and today, the fundamental value of the EU is trade, especially the trade of goods between EU member states, for which special importance has been given in the international legislation concretized for the UN member states. and also, of the EU organization. Thus, based on the past and today, when we focus on free markets, especially trade in goods, it can be seen that EU member states used to have major barriers to trade in goods, while now they have decreased significantly, with some exceptions in the sector of agriculture. More specifically, the member states of the EU organization, with the mandatory observance of the rules set for free trade, are in their favor since, based on the statistics of the past years, tariffs on the import and export of goods have been reduced, and also even in most cases for certain goods the tariffs are completely excluded. In addition to the international states based on the state of Kosovo, from the research done we can say that the state of Kosovo, even though it is not a member state of the UN Organization or the EU, still stands well in terms of free trade of goods, this is due to the fact that free trade agreements have been signed with the countries of the region, a concrete case recently is the agreement with the state of Albania and also the free trade agreement with the countries of Central Europe. Thus, we can say that this study of this paper presents the latest developments related to international free trade with special emphasis on the goods market and analyses the possible economic and political results of international countries.

Indirect Infringement of Intellectual Property in International Documents

Hamed Najafi — 2024-11-29

It is obvious that mere relying on the domestic laws in intellectual property rights studies and neglecting to pay attention to international documents, is not acceptable, because ultimately, it is international documents that determine and explain the rights and obligations of governments in the international arena. Therefore, it seems necessary to study and review these documents and determine their position regarding the indirect infringement of intellectual property rights and the responsibility arising from it. Several international documents regarding the protection of intellectual property rights have been approved by international assemblies. The Paris Convention for the Protection of Industrial Property Rights, the Berne Convention for the Protection of Literary and Artistic Works (Copyrights), WIPO Internet Treaties and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), are among the most important documents in this field. This article is dedicated to examine the position of the indirect infringement of intellectual rights in these documents.