Abstracts | Law and Political Sciences
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 1911

World Academy of Science, Engineering and Technology

[Law and Political Sciences]

Online ISSN : 1307-6892

1911 Patent Protection for AI Innovations

Authors: Srinivas Nerella

Abstract:

This study explores the significance of patent protection for artificial intelligence (AI) innovations in the pharmaceutical sector, emphasizing applications in drug discovery, personalized medicine, and clinical trial optimization. The challenges of patenting AI-driven inventions are outlined, focusing on the classification of algorithms as abstract ideas, meeting the non-obviousness standard, and issues around defining inventorship. The methodology includes examining case studies and existing patents, with an emphasis on how companies like Benevolent AI and Insilico Medicine have successfully secured patent rights. Findings demonstrate that a strategic approach to patent protection is essential, with particular attention to showcasing AI’s technical contributions to pharmaceutical advancements. Conclusively, the study underscores the critical role of understanding patent law and innovation strategies in leveraging intellectual property rights in the rapidly advancing field of AI-driven pharmaceuticals.

Keywords: artificial intelligence, pharmaceutical industry, patent protection, drug discovery, personalized medicine, clinical trials, intellectual property, non-obviousness

Procedia PDF Downloads 2
1910 Holding the Stick from the Middle: The European Union's Attempt to Balance Between Its Inward and Outward Building Resilience Approach in Response to the Syrian Refugee Crisis

Authors: Lina Aleassa

Abstract:

When the EU launched the European Union Global strategy in 2016, state and societal resilience to the EU's East and South was a main priority, and it was a ‘Governing Principle’ when responding to crises, including its migration crisis of 2015. Yet, with the launching of the EU strategic compass in 2022, after the return of high-intensity war, namely the Ukrainian war, the emphasis became on the EU’s own resilience. Consequently, this can be interpreted as a shift from outward building resilience into inward-building resilience. However, this paper argues that the EU effort is not a shift but rather an attempt to balance between building the EU's own resilience and its neighbors’ resilience. Thus, the main question of this paper is about the EU’s balance between building its own resilience and building the resilience of its neighbors in the case of Jordan in response to crises. To answer this question, this article attempts an in-depth analysis considering the case of displacement from Syria and the Ukrainian war focuses on the EU’s approach to building its own resilience and building resilience in its neighborhood through the EU’s refugee cooperation with Jordan, one of the key regional hosts of Syrian refugees. Textual analysis of secondary data of various texts from official European and Jordanian websites, news reports, and scholarly literature on resilience, as well as document analysis of different EU and the EU-Jordan policies, including their bilateral and multilateral agreements, will be examined to trace the EU's effort to maintain a balance between building its own resilience in its neighbor’s resilience.

Keywords: inward approach, outward approach, resilience, Syrian refugee crisis

Procedia PDF Downloads 9
1909 Protection and Education of Consumer Interest through Competition Laws: A Comparative Appraisal

Authors: Gurbinder Kaur

Abstract:

It is notable that due to advanced technology and trends adopted by service providers to kill competition, the concept of ‘consumer interest’ is no longer limited to a domestic extent, but it is extended to extraterritorial limits. Therefore, the focus of this research work is to examine the regulation of consumer protection at the international level and its correspondence with the domestic laws of various countries. Consumer interest is tendered by various trade practices like pricing policies, financing practices, and quality of goods and services. Nowadays, the term ‘consumer’ is not limited merely to the person who consumes the goods and avails services as an end user. In fact, every individual is a consumer, regardless of occupation, age, gender, community or religious affiliation. The term ‘consumer’ would therefore include not only the consumer of the final product but also the consumer of raw material and intermediate products. Despite apparent variation among domestic laws of various countries, the veneer is almost the same, with the emphasis on purchasing, consuming or using goods or services. Thus, the definition of ‘consumer’ is widened to those of old laws while keeping in consideration the present scenario of the victimization of consumers and their exploitation or unfair advantages taken by the trading world. Moreover, Lack of awareness, illiteracy and consumer buying behaviour, ignorant behaviour or reluctance to take the initiative to check the problem or tolerance against trade tricks and frauds are some of the reasons behind the victimization of consumers. All governments must protect consumers from fraud, unfair trade tricks and practices from within and outside of their respective countries. This paper not only evaluates the modern concept of the consumer but also analyzes the consumer behaviour, rights and liabilities of consumers along with their protection through various corresponding laws of the governments of other nations. These laws empower competition regulatory authorities to enter into a memorandum or arrangement with the prior approval of their domestic Governments, with any relevant agency of any foreign country. For the said purpose, an overview has been made about comparative and critical analyses of the working of International Organizations in the form of treaties, covenants, conventions and reports submitted by international economists, experts and jurists internationally, which are crucial parts of today’s business jurisprudence (specifically relating to the consumer interest) of developed and developing countries. After analyzing them, the researcher has made an earnest attempt to encapsulate the chronological background of consumer jurisprudence along with current situations in various countries.

Keywords: consumer interest, consumer education, trade, consumer protection

Procedia PDF Downloads 9
1908 The Concept of Customary International Law. Redefining The Formation Requirements of Customary International Law Based on The Rules-And-Principles-Model of Robert Alexy

Authors: Marlene Anzenberger

Abstract:

The emergence of customary international law has always been controversial. Even with the two fundamental elements of origin, longa consuetudo and opinio juris the process of origin is highly unclear. It is uncertain how much time must pass, how many subjects must act, how many actions must be taken and how strong the opinio iuris must be in order for customary international law to emerge. The most appropriate solutions are based on sliding scales. Every aspect of the emergence of customary international law is up for debate, depending on the specific circumstances. The given approach is to rationalise this process by constructing an internal line of justification for all the arguments developed in the literature and used in the external justification process. This requires defining the elements of the justification process as formal principles. Such an approach is a milestone considering the fact that formal principles are highly questioned nowadays and - if they are accepted at all - are mostly used in relation to competences. Furthermore, the application of formal principles needs to be scrutinised and extended. In the national context (eg fundamental rights), principles have so far only been able to collide. However, their optimisation character also allows for other applications, for example cooperation instead of collision. Taking these aspects into account, a rational origination scheme is to be developed that is based on Robert Alexy's weight formula. First, one has to examine the individual components of the two fundamental elements of emergence and establish whether these are all-or-nothing requirements (rules) or partially fulfillable parameters (principles) and to what extent the gradually fulfillable parameters are definitely of necessity in every case. Second, one has to look at the previous research on formal principles, which is based in particular on Matthias Klatt's theory stating that formal principles are equivalent to competences and occur only in this context. However, the outcome of the paper will not merely show that this identity theory is too narrowly conceived, but that the application of principles to date only represents a partial area of their possible applications. The context of fundamental rights review has suggested to representatives such as Robert Alexy that it is purely the nature of principles to collide with each other and that the task of the practitioner is purely to resolve this collision by means of a proportionality test. However, the application of the development process of customary international law shows that a complementary application of principles is equally possible. The highly praised optimisation requirement is merely attributable to the specific circumstances and is rather based on a general optimisation possibility.The result is twofold. On one side, it is an internal justification scheme that rationalises the development process of customary international law in the sense of an internal justification, whereby a cooperation behaviour between the sub-parameters within the development elements is to be depicted. On the other side, it is a fully developed test to identify the emergence of customary international law in practice.

Keywords: balancing, consuetudo, customary international law, formal principles, opinio iuris, proportionality, weight formula

Procedia PDF Downloads 9
1907 A Study on the Certain Rape Cases Ruling by the Supreme Court of Nepal: Analyzing How the Decision Reflects Patriarchal

Authors: Bishnu Bhandari

Abstract:

Proving rape in court is challenging worldwide. In a developing country like Nepal, imagine the beginning of a rape trial, with a male police officer filing a case, a male investigating officer, male lawyers, and a majority of male judges. What if the final court fails to examine the seriousness of the victim's pain and suffering, and what if the injustice committed by the court because of its patriarchal value. This research will explore the unfairness of the Supreme Court of Nepal's historic judgment towards the victim of rape. To analyze the cases, research data was used from Nepal Kanun Patrika, which is a collection of verdicts from the Supreme Court of Nepal for 66 years. Doctrinal methodology was employed. The findings revealed that in certain cases, judges made significant favors to the suspect, disregarding circumstantial evidence and using patriarchal reasoning. The court has debated full penetration, half penetration, ejaculation, and the presence of sperm in the victim's underwear. For many years, the court has been conducting this type of debate. Some of the reasoning is baseless. Nepal's legal system is adversarial, where precedent influences future decisions, and lower courts are bound by the decision of the Supreme Court. This study is a fresh start in challenging the Supreme Court decision with a feminist perspective.

Keywords: rape case, verdict, Supreme Court of Nepal, patriarchal.

Procedia PDF Downloads 7
1906 The Effects of the Convergence of Common Law and Civil Law on the Judicial Practice

Authors: István Erdős

Abstract:

The convergence of common law and civil law systems is a defining phenomenon in current legal development, which has an effect on the practice of law. One cause of this convergence is the growing importance of international private law due to international trade, as well as the growing importance of EU law. However, it is unclear how this process alters the judicial practice in civil law countries where common law elements have been adopted. This research focuses on the introduction of the limited precedent system in Hungary, which swiftly changed the practice of law by introducing common law features. The study analyzes key decisions of the Curia of Hungary (the Supreme Court) utilizing structural content analysis (SCA) to understand the effects of this convergence phenomenon. A key conceptual contribution of the study concerns the link between adjudication theory and judicial practice. The study finds that adjudication theory and practice shifted. Based on the findings, the study makes suggestions about the changes required by the participants of the legal world to proactively adapt to the changing legal environment.

Keywords: international convergence, judicial practice, limited precedent system, structural content analysis

Procedia PDF Downloads 11
1905 Toward Sustainable Solutions: Indonesia's Humanitarian Approach to the Rohingya Refugee Crisis

Authors: Hengki

Abstract:

This study explores Indonesia's approach to addressing the Rohingya refugee crisis, emphasizing its efforts to balance humanitarian principles with national and regional challenges. Employing a qualitative, normative legal analysis, the research integrates data from government reports, ASEAN and UN documents, and prior studies. Indonesia's strategies include facilitating temporary shelter, promoting education for refugee children, and advancing international cooperation through partnerships with United Nations High Commissioner for Refugees (UNHCR) and International Organization for Migration (IOM). While not a signatory to the 1951 Refugee Convention, Indonesia adheres to the principle of non-refoulement and seeks to address the crisis through its Presidential Regulation No. 125/2016, quiet diplomacy, and ASEAN-led initiatives. Despite these efforts, challenges persist, such as limited legal frameworks, coordination barriers between government levels, and slow regional collaboration. The study underscores the urgency of developing sustainable solutions, including revising domestic policies, enhancing ASEAN's collective response, and aligning with international standards. By addressing these challenges, Indonesia can not only uphold refugee rights but also promote regional stability and human rights values. This research contributes to understanding the complexities of refugee management in Indonesia and offers a foundation for future studies aimed at refining policies and strategies.

Keywords: rohingya refugees, indonesia, humanitarian aid, international collaboration, refugee law

Procedia PDF Downloads 9
1904 Authenticity and Performance in Political Leadership: Social Media’s Role in Shaping Public Perceptions

Authors: Simbarashe Nzvere

Abstract:

In an era dominated by digital communication, social media has become a powerful tool for political leaders to connect with the public, shape their narratives, and influence perceptions. With this much performance from political leaders, this paper will explore the dichotomy between authenticity and performance in the digital personas of political leaders. By examining how leaders craft their image on platforms such as X (Formerly Twitter), Facebook, Instagram, and Linked In, this study investigates whether these portrayals align with their true character or represent a strategic facade designed to resonate with target audiences. Utilizing case studies and content analysis, the research delves into the methods leaders employ to construct their online identities, the role of digital marketing teams in shaping these images, and the implications for public trust and political engagement. The findings highlight the complex interplay between genuine representation and strategic branding, offering insights into how social media reshapes political leadership in the 21st century.

Keywords: political leadership, social media, authenticity, public perceptions, digital persona

Procedia PDF Downloads 9
1903 Power and Authority: A Social and Technological Analysis of US and China Competition

Authors: Glory Okereke

Abstract:

The paper examines the strength and influence of superpowers in asserting dominance in international relations through Culture and technological and cyber-power redistribution. The paper is divided into four parts to analyze what constitutes power and authority using realist and constructivist approaches. The second section explores strategic examples of how superpowers assert themselves through values, ideology, and technological warfare, focusing on the redistribution of authority. The third section evaluates whether these strategies enhance power or create greater risks, applying traditional theories of Realism and Constructivism. Finally, the paper challenges these traditional theories by highlighting the risks associated with the quest for power, drawing on the Copenhagen School’s Securitization Theory.

Keywords: US and China relations, great power competition, technology, cultural, asia, united states

Procedia PDF Downloads 8
1902 The Effect of Human Rights Violation in Modern Society

Authors: Hanania Nasan Shokry Abdelmasih

Abstract:

The discipline of regulation is pretty complex and has its own terminology. other than written legal guidelines, there's also dwelling regulation, which refers to prison exercise. primary legal rules purpose at the happiness of individuals in social existence and feature different characteristics in unique branches including public or non-public regulation. on the other hand, law is a countrywide phenomenon. The law of 1 state and the legal device implemented at the territory of another state can be completely exceptional. individuals who are professionals in a specific discipline of regulation in a single united states may have inadequate know-how within the regulation of every other united states. today, similarly to the neighborhood nature of regulation, worldwide and even supranational regulation rules are implemented as a way to defend basic human values and make sure the protection of human rights around the sector. systems that offer algorithmic answers to prison problems using synthetic intelligence (AI) gear will perhaps serve to produce very meaningful consequences in phrases of human rights. but, algorithms to be used need to no longer be evolved with the aid of only pc professionals, however additionally want the contribution of folks who are familiar with law, values, judicial choices, and even the social and political culture of the society to which it'll provide answers. otherwise, even supposing the set of rules works perfectly, it may not be well suited with the values of the society in which it is applied. The present day traits involving using AI techniques in legal systems suggest that artificial law will come to be a brand new subject within the area of law.

Keywords: sustainable development, human rights, the right to development, the human rights-based approach to development, environmental rights, economic development, social sustainability human rights protection, human rights violations, workers’ rights, justice, security

Procedia PDF Downloads 10
1901 The Role of Technology in Managing Election Logistics and Preventing Fraud in Nigeria and Uganda: A Comparative Analysis

Authors: Sifiso Vilakazi, Lerato Mzenzi

Abstract:

The incorporation of technology has brought about a considerable evolution in election management, providing answers to persistent issues with fraud, inefficiency, and logistical complexity. The paper offers a comparative review of the effects of technology advancements on election logistics and fraud prevention in Uganda and Nigeria. Both nations have embraced technology such as digital fraud prevention systems, biometric voter registration, and electronic results transmission while having different political environments and electoral problems. Nevertheless, these innovations' varied results raise important concerns about how technology can enhance vote integrity. For improved transparency and lower voter fraud, the Independent National Electoral Commission (INEC) of Nigeria has deployed electronic voting machines, biometric voter identification, and the INEC Result Viewing (IReV) portal. Despite these developments, technological setbacks and logistical difficulties, particularly during the 2023 elections, uncovered weaknesses that stoked distrust and electoral conflicts by exposing flaws, including device breakdowns, insufficient cybersecurity protections, and transmission delays in results. Comparably, Uganda has used electronic result transmission technologies and biometric voter verification since 2016 to increase election efficiency and combat ballot stuffing and impersonation. Nevertheless, problems, including remote logistical challenges and internet outages during the 2021 elections, have reduced the efficacy of these tools. This paper maintains that while technology might reduce election-related stress and potentially reduce fraud, its efficacy depends on several variables, such as political will, public confidence, and infrastructure. Furthermore, it draws attention to the necessity of more robust legislative frameworks, ongoing investments in cybersecurity, and implementation plans that are customized to the particular difficulties presented by each nation's voting system locally. The results imply that although technology can help Ugandan and Nigerian election management, it cannot guarantee electoral integrity and must be used in conjunction with more extensive institutional changes. Through providing insights into how African nations might use technological advancements to improve democratic governance while addressing context-specific problems, the research adds to the expanding body of literature on the use of technology in election management.

Keywords: elections, Nigeria, Uganda, Africa, management, innovation

Procedia PDF Downloads 12
1900 How Cyber Insurers and Managed Security Companies Influence the Content and Meaning of Privacy Law and Cybersecurity Compliance

Authors: Shauhin Talesh

Abstract:

Cyber risks--loss exposure associated with the use of electronic equipment, computers, information technology, and virtual reality--are among the biggest threats facing businesses and consumers. Despite these threats, private organizations are not significantly changing their behavior in response. Although many organizations do have formal cybersecurity policies in place, the majority believe they are insufficiently prepared for cybersecurity incidences, and have not conducted proper risk assessments or invested necessary training and resources to protect consumers’ electronic information. Drawing on empirical observations over the past 5 years, this article explains why insurers who manage cybersecurity and privacy law compliance among organizations have not been more successful in curtailing breaches. The analysis draws on Talesh's “new institutional theory of insurance,” which explains how insurers shape the content and meaning of law among organizations that purchase insurance. In response to vague and fragmented privacy laws and a lack of strong government oversight, insurers offer cyber insurance and a series of risk-management services to their customers. These services convey legitimacy to the public and to the insureds but fall short of improving the robustness of organizations, rendering them largely symbolic. Cyber insurers and managed security companies have flooded the market with high-level technical tools that they claim mitigate risk, but all they've really accomplished is to institutionalize a norm that policyholders need these tools to avoid cybersecurity incidents. Federal and state regulators and industry-based rating agencies have deferred to cyber insurers without evidence that these tools actually improve security.

Keywords: regulation, compliance, insurance, cybersecurity, privacy law, organizations, risk management

Procedia PDF Downloads 13
1899 The Impact Of Türki̇ye’s Decision-making Mechanism On The Transformation In Türkiye-syria Relations (2002-2024)

Authors: Ibrahim Akkan

Abstract:

This study analyses the transformation of Türkiye's Syria policy between 2002 and 2024 and the impact of domestic political dynamics in this process. Since the collapse of the Ottoman Empire, Türkiye and Syria have had a tense relationship for a long time due to reasons such as border issues, water sharing, security concerns and the activities of terrorist organizations. However, the process that started with the Adana Agreement in 1998 gained momentum with the Justice and Development Party (Ak Party) coming to power in 2002 and a historical period of rapprochement began between the two countries. During this period, Türkiye adopted the concept of “zero problems with neighbors” in its foreign policy and deepened its strategic partnerships in the region. Turkish-Syrian relations also developed within this framework, the trade volume between the two countries increased and cooperation was strengthened through mutual visits and diplomatic agreements. However, the Arab Spring that started in 2011 was a sharp turning point in Turkish-Syrian relations. The harsh stance of the Bashar Assad administration against the popular uprisings in Syria caused Türkiye to take a stance against Assad and support opposition groups. This process led to the severing of diplomatic ties between the two countries and the gradual deterioration of relations until 2024. Türkiye directly intervened in the civil war in Syria after the Arab Spring and conducted military operations in northern Syria that highlighted security policies. The main purpose of this study is to examine the transformation in Türkiye's Syria policies between 2002 and 2024 and to analyze the role of domestic political dynamics in Türkiye in this transformation. The main research question of the study is how domestic political actors in Türkiye, especially decision-makers (leaders, governments, political parties), shape foreign policy. In this context, the extent to which the leadership of the Ak Party government is decisive in decision-making processes and how the impact of domestic dynamics on foreign policy emerges will be studied. In this study, how both the pressures of the international system and domestic political dynamics shape foreign policy will be analyzed using the theoretical framework of neoclassical realism. How decision-making processes are decisive in foreign policy will be examined through a case study specific to Türkiye-Syria relations. In addition, the strategic preferences of leaders such as Recep Tayyip Erdoğan and Ahmet Davutoğlu in foreign policy and how these preferences overlap with developments in domestic politics will be evaluated using the discourse analysis method. This study aims to make a new contribution to the literature by providing a comprehensive analysis of how domestic dynamics shape foreign policy in Türkiye-Syria relations.

Keywords: decision-making mechanisms, foreign policy analysis, neoclassical realism, syria, türkiye

Procedia PDF Downloads 16
1898 Election Administration for Pakistan’s Overseas Voters: An Interview Study

Authors: Adnan Skhawat Ali

Abstract:

Overseas voting was a long debatable issue in Pakistan because major political parties claimed that their overseas voters could not participate in the electoral system. In the history of Pakistan, the first time Election Management body- Election Commission of Pakistan (ECP), gave political rights to overseas Pakistanis in 2018 and promoted the true spirit of democracy to give political rights to those people who are living abroad. The main aim of this study is to highlight the crucial factors that are the main hindrance to overseas voting registration. This study conducted purposive sampling and held overseas voters’, from all over the world interviewed for the deep understanding of their behavior towards national politics and elections. This study highlighted the factors which are hindrances in the registration of overseas voters and election administration. These factors are lack of mass media campaign, lack of technical knowledge, complicated registration process, and no information sharing cells in concerned embassies and consulates. ECP should disseminate information about overseas voting via foreign embassies or consulate generals because these are more effective ways to provide information to the Pakistani community/overseas and conduct mass media awareness campaigns to properly inform citizens. Citizens have not only supported the country in terms of remittances but have also made the country’s image in front of other country’s citizens.

Keywords: election administration, political parties, election management body, overseas Pakistanis, elections, registration of overseas voters

Procedia PDF Downloads 13
1897 A Synopsis of Green Energy Technology Implementation In South Africa

Authors: Sifiso Vilakazi, Lerato Mzenzi

Abstract:

BACKGROUND :- Human mind is a double-edged sword, it is both arduous and obtuse, vague and explicit. The neuroscience of brain has baffled all and left none. In this labyrinth, a novel neurotransmitter has set its foot. D-Aspartic acid, which has been established in rats and animals’ brain as a neurochemical in controlling behaviour, aggression, fertility, cognition and memory is set to formulate a new benchmark as a marker among suicidal and accidental death victims. Without losing sight of the fact, we have endeavoured to dig out the biochemical relation behind suicide in our research. We in our research have exerted to decipher the puzzle among humans for D-Aspartic acid using HPLC. METHODS:- We have taken 30 samples each of pre-frontal cortex of brain from suicide and road traffic accidents victims for our case-control research to establish brain D-Aspartic acid level using HPLC as a marker for suicide. RESULTS:- By using Independent/Unpaired T-Test Analysis:- The two-tailed P value is less than 0.0044. MEAN (mMOL/mL/G) for D-Aspartic acid in control is 24.2737±7.5958 and for cases is 19.5540±4.2647. By conventional criteria, this difference is considered to be extremely statistically significant. CONCLUSION:- (1) Brain D-Aspartic acid has an effect in the act of suicide and its values show a large drop before the act of suicide is commenced as compared to road traffic accidents which correlates with the study where D-AA was studied as a novel endogenous neurotransmitter in case of mental health disorders in humans, though never studied on suicide victims, likely getting it reference from research occurring on rats where it was discovered that D-AA plays a role in cognition, personality development, thought process, aggression. (2)The other study which was related to humans and signified the role of D-AA in reproduction, where low D-AA leads to infertility and depression and hence providing the much needed proof of role of D-AA in mental health disorders and suicide, and subsequently to the act of suicide.

Keywords: green energy, policy, technology, implementation

Procedia PDF Downloads 14
1896 The Effect of Artificial Intelligence on Human Rights Legislations and Evolution

Authors: Nawal Yacoub Halim Abdelmasih

Abstract:

The link between terrorism and human rights has grown to be a chief challenge in the combat against terrorism around the sector. This is primarily based on the truth that terrorism and human rights are so closely related that after the former starts, the latter is violated. This direct connection is identified in the Vienna Declaration and program of movement adopted by way of the sector Convention on Human Rights in Vienna on June 25, 1993, which acknowledges that acts of terrorism in all their paperwork and manifestations intended to damage the human rights of people. Terrorism, therefore, represents an assault on our maximum fundamental human rights. To this stop, the first part of this article makes a specialty of the connections between terrorism and human rights and seeks to spotlight the interdependence between those two standards. The second part discusses the rising idea of cyberterrorism and its manifestations. An evaluation of the fight against cyberterrorism inside the context of human rights is likewise performed.

Keywords: sustainable development, human rights, the right to development, the human rights-based approach to development, environmental rights, economic development, social sustainability human rights protection, human rights violations, workers’ rights, justice, security.

Procedia PDF Downloads 16
1895 How Fascism and Authoritarianism Are Expanding in the USA

Authors: Warner Woodworth

Abstract:

While the explosion of autocratic governments is growing globally, perhaps nowhere is it more obvious than in the United States since 2015. In that nation, democracy is increasingly caving to extreme Right-wing movements, especially after Donald Trump lost to Joe Biden in the 2020 election. Angered by that rejection, he and his support groups that foster extremism began an all-out assault on freedom, beginning with the attack on the US Capitol itself on January 6, 2021. Since then, following Trump’s two presidential impeachments, 34 felony convictions, 88 impending court cases by the Department of Justice, and crimes by some of his most ardent co-conspirators, the rule of law, traditional political values, and even the Constitution became threatened. Now, since his Nov. 5, 2024, campaign victory, the dark clouds of autocracies loom larger every day. To wit: Appointments to Trump’s cabinet are all extremists promising to eliminate major beneficiary citizen programs such as healthcare, civil rights, education, justice, and a massive move to drive millions of immigrants from the country. The political divide is at its highest extreme since the 1861 Civil War between North and South. Autocratization is manifest daily in fake news media, as well as traditional conspiracy organizations such as politically violent motorcycle gangs, the John Birch Society, Eagle Forum, and Anti-Constitutional Sheriffs and other law enforcement groups. Even worse is the expansion of violent groups such as the Proud Boys, Aryan Nations, Patriot Front, White Nationalists, Stormfront, Oath Keepers, Three Percenters, Ku Klux Klan, Moms for Liberty, American Nazi Party, Operation Homeland, Skinhead organizations, America First, Veterans on Patrol, hundreds of militia groups from coast to coast, and of course, hundreds more under the banner of Trump’s movement, ‘Make America Great Again.’ This paper will draw on the author’s decades of researching these groups and Trump's new authoritarian agenda. Qualitative data will include expert analysis from multiple academic disciplines as Americans, and the larger world seek to understand these dangerous U.S. trends and future prospects. The paper concludes by sharing the prospects of America’s future over the next four years, or longer if Trump’s vow to be a dictator is extended.

Keywords: American authoritarianism, trump, fascism, conspiracies, extremism

Procedia PDF Downloads 13
1894 Author’s Moral Rights in the Copyright Laws of the Baltic States: Comparative Legal Analysis

Authors: Sintija Zalane

Abstract:

This paper examines the protection and implementation of authors' moral rights in the copyright laws of Latvia, Lithuania, and Estonia, focusing on their legal frameworks in light of the Berne Convention. The analysis highlights how moral rights, such as authorship attribution, integrity of the work, and opposition to derogatory treatment, are upheld in these jurisdictions. The study compares national approaches to posthumous protection of moral rights and their interplay with economic rights. Drawing on legal texts and court decisions, the paper identifies challenges in enforcement and suggests harmonization opportunities to strengthen the moral rights framework across the Baltic region.

Keywords: authors’ moral rights, copyright laws, Baltic states, legal frameworks, berne convention, posthumous protection

Procedia PDF Downloads 18
1893 The Political Economy of Green Trade in the Context of US-China Trade War: A Case Study of US Biofuels and Soybeans

Authors: Tonghua Li

Abstract:

Under the neoliberal corporate food regime, biofuels are a double-edged sword that exacerbates tensions between national food security and trade in green agricultural products. Biofuels have the potential to help achieve green sustainable development goals, but they threaten food security by exacerbating competition for land and changing global food trade patterns. The U.S.-China trade war complicates this debate. Under the influence of different political and corporate coordination mechanisms in China and the US, trade disputes can have different impacts on sustainable agricultural practices. This paper develops an actor-centred ‘network governance framework’ focusing on trade in soybean and corn-based biofuels to explain how trade wars can change the actions of governmental and non-governmental actors in the context of oligopolistic competition and market concentration in agricultural trade. There is evidence that the US-China trade decoupling exacerbates the conflict between national security, free trade in agriculture, and the realities and needs of green and sustainable energy development. The US government's trade policies reflect concerns about China's relative gains, leading to a loss of trade profits, making it impossible for the parties involved to find a balance between the three objectives and, consequently, to get into a biofuels and soybean industry dilemma. Within the setting of prioritizing national security and strategic interests, the government has replaced the dominant position of large agribusiness in the neoliberal food system, and the goal of environmental sustainability has been marginalized by high politics. In contrast, China faces tensions in the trade war between food security self-sufficiency policy and liberal sustainable trade, but the state-capitalist model ensures policy coordination and coherence in trade diversion and supply chain adjustment. Despite ongoing raw material shortages and technological challenges, China remains committed to playing a role in global environmental governance and promoting green trade objectives.

Keywords: food security, green trade, biofuels, soybeans, US-China trade war

Procedia PDF Downloads 11
1892 Enhancing the Effectiveness of Witness Examination through Deposition System in Korean Criminal Trials: Insights from the U.S. Evidence Discovery Process

Authors: Qi Wang

Abstract:

With the expansion of trial-centered principles, the importance of witness examination in Korean criminal proceedings has been increasingly emphasized. However, several practical challenges have emerged in courtroom examinations, including concerns about witnesses’ memory deterioration due to prolonged trial periods, the possibility of inaccurate testimony due to courtroom anxiety and tension, risks of testimony retraction, and witnesses’ refusal to appear. These issues have led to a decline in the effective utilization of witness testimony. This study analyzes the deposition system, which is widely used in the U.S. evidence discovery process, and examines its potential implementation within the Korean criminal procedure framework. Furthermore, it explores the scope of application, procedural design, and measures to prevent potential abuse if the system were to be adopted. Under the adversarial litigation structure that has evolved through several amendments to the Criminal Procedure Act, the deposition system, although conducted pre-trial, serves as a preliminary procedure to facilitate efficient and effective witness examination during trial. This system not only aligns with the goal of discovering substantive truth but also upholds the practical ideals of trial-centered principles while promoting judicial economy. Furthermore, with the legal foundation established by Article 266 of the Criminal Procedure Act and related provisions, this study concludes that the implementation of the deposition system is both feasible and appropriate for the Korean criminal justice system. The specific functions of depositions include providing case-related information to refresh witnesses’ memory as a preliminary to courtroom examination, pre-reviewing existing statement documents to enhance trial efficiency, and conducting preliminary examinations on key issues and anticipated questions. The subsequent courtroom witness examination focuses on verifying testimony through public and cross-examination, identifying and analyzing contradictions in testimony, and conducting double verification of testimony credibility under judicial supervision. Regarding operational aspects, both prosecution and defense may request depositions, subject to court approval. The deposition process involves video or audio recording, complete documentation by court reporters, and the preparation of transcripts, with copies provided to all parties and the original included in court records. The admissibility of deposition transcripts is recognized under Article 311 of the Criminal Procedure Act. Given prosecutors’ advantageous position in evidence collection, which may lead to indifference or avoidance of depositions, the study emphasizes the need to reinforce prosecutors’ public interest status and objective duties. Additionally, it recommends strengthening pre-employment ethics education and post-violation disciplinary measures for prosecutors.

Keywords: witness examination, deposition system, Korean criminal procedure, evidence discovery, trial-centered principle

Procedia PDF Downloads 14
1891 Russian Law Enforcement Moonlighting Enterprise and Corruption after 2009 Police reform

Authors: Serguei Cheloukhine

Abstract:

This study examines corrupting and moonlighting enterprise among Russian law enforcement (Police) since the 2009 Police Reform (hereto forward referred to as Reform). This research is based on the survey of about two dozen police officers in Russia’s regions. In addition, we analyzed statistics on crime, policing and socio-economic situation in Russian regions. Congruently, some data on the police officer’s off-duty activities was collected from the Internet sites. These Reforms sought to curb corruption at all levels of the Russian civil service and among uniformed law enforcement (Police) personnel. Many thought that the rebranding of the Militsiya as ‘Politsiya’ (Police) would have a transformational effect, both within the organization as well as how others perceived it. Ultimately, the rebranding effort failed; the only actual changes were the organization’s name and its personnel's uniforms. In fact, the Reforms seems to have contributed to even more corruption and abuse of power, as well an expansion of Law Enforcement’s ties to Corrupt Networks.

Keywords: bribery, corruption, moonlighting, police reform, Russia

Procedia PDF Downloads 12
1890 Legal Analysis of the Meaning of the Rule In dubio pro libertate for the Interpretation of Criminal Law Norms

Authors: Pavel Kotlán

Abstract:

The paper defines the role of the rule in dubio pro libertate in the interpretation of criminal law norms, which is one of the controversial and debated problems of law application. On the basis of the analysis of the law, including comparison with the legal systems of various European countries, and the accepted principles of interpretation of law, it can be concluded that the rule in dubio pro libertate can be used in cases where the linguistic, teleological and systematic methods fail, and at the same time, that interpretation based on this rule should be preferred to subjective historical interpretation. It can be considered that the correct inclusion of the in dubio pro libertate rule in the choice of the interpretative variant can serve in the application of criminal law by the judiciary.

Keywords: application of law, criminal law norms, in dubio pro libertate, interpretation

Procedia PDF Downloads 15
1889 Out of Order: The Rise of Stop and Search in Civil Orders Legislation

Authors: Jodie Bradshaw, Rebecca Dooley, Habib Kadiri, Holly Bird, Aaliyah Felix-West, Udit Mahalingam, Ella Thomson

Abstract:

The sharp rise of civil orders has led to an expansion of police powers, particularly in the realm of stop and search activities. The broad scope and objectives of these civil orders –addressing issues as varied as public safety, crime prevention, and counter-terrorism – has led to ‘mission-creep’, whereby orders were being imposed in a wider range of contexts than initially intended. The ever-widening purview of civil orders in practice necessitates proactive measures by law enforcement which often rely heavily on the utilisation of stop and search, leading to an expansion of stop and search practices and the regulation of public space. Civil liberties organisations, criminal justice and legal practitioners, activist groups, and researchers have argued that civil orders dilute and undermine foundational legal principles, pose a threat to our basic rights and freedoms, facilitate dangerous criminal justice net-widening, and disproportionately target young, working-class people of colour. Many of the provisions in these orders are potentially incompatible with the right to liberty and security. The conditions of an order (whether negative restrictions or positive obligations) tend to be extremely easy to breach –and in some cases, almost impossible for the person subject to the order not to breach. When the conditions of an order are breached, the result is criminal punishment – often in the form of imprisonment. This paper argues that civil orders set people up to fail, sending them down a path towards incarceration and the ultimate deprivation of liberty. The proclaimed intentions underpinning these civil orders – to tackle purportedly ‘undesirable’ behaviour (which in and of itself is not a crime) committed by ‘undesirable’ people – paves the way for justifying violent and racially disproportionate policing practices.

Keywords: civil orders, policing, stop and search, crime, civil liberties, criminal punishment, anti-social behaviour

Procedia PDF Downloads 16
1888 Dual Challenges in Host State Regulation on Transnational Corporate Damages: China's Dilemma and Breakthrough

Authors: Xinchao Liu

Abstract:

Regulating environmental and human rights damages caused by transnational corporations in host States is a core issue in the business and human rights discourse. In current regulatory practices, host States, which are territorially based and should bear primary regulation responsibility, face dual challenges at both domestic and international levels, leading to their continued marginalization. Specifically, host States as TNC damage regulators are constrained domestically by territorial jurisdiction limitations and internationally by the neoliberal international economic order exemplified by investment protection mechanisms. Taking China as a sample, it currently lacks a comprehensive regulation system to address TNC damages; while domestic constraints manifest as the marginalization of judicial regulation, the absence of corporate duty of care, and inadequate extraterritorial regulation effectiveness, international constraints are reflected in the absence of foreign investor obligations in investment agreements and the asymmetry of dispute resolution clauses, challenging regulatory sovereignty. As China continues to advance its policy of high-quality opening up, the risks of negative externalities from transnational capital will continue to increase, necessitating a focus on building and perfecting a regulation mechanism for TNC damages within the framework of international law. To address domestic constraints, it is essential to clarify the division of regulation responsibilities between judicial and administrative bodies, promote the normalization of judicial regulation, and enhance judicial oversight of governmental settlements. Improving the choice of law rules for cross-border torts and the standards for parent company liability for omissions, and enhancing extraterritorial judicial effectiveness through transnational judicial dialogue and cooperation mechanisms are also crucial. To counteract international constraints, specifying investor obligations in investment treaties and designing symmetrical dispute resolution clauses are indispensable to eliminate regulatory chill. Additionally, actively advancing the implementation of TNC obligations in business and human rights treaty negotiations will lay an international legal foundation for the regulation sovereignty of host States.

Keywords: transnational corporate damages, home state litigation, optimization limit, investor-state dispute settlement

Procedia PDF Downloads 18
1887 Ideology versus Faith in the Collective Political Identity Formation: An Analysis of the Thoughts of Iqbal and Jinnah-The Founding Fathers of Pakistan

Authors: Muhammad Sajjad-ur-Rehman

Abstract:

Pakistan was meant to be a progressive modern Muslim nation state since its inception in 1947. Its birth was a big hope for the Muslims of Sub-continent to transform their societies on Islamic lines—the promise which made them unite and vote for Pakistan during independence movement. This was the vision put forwarded by Allama Iqbal and Muhammad Ali Jinnah—the two founding fathers of Pakistan. Dwelling on interpretive/ analytical approach, this paper analyzes the thoughts and reflections of Iqbal and Jinnah to understand the issues of collective identity formation in Pakistan. It argues that there may be traced two distinct identity models in the thoughts and reflections of these two leading figures of Pakistan movement: First may be called as ‘faith-based identity model’ while the other may be named as ‘interests-based identity model’. These can also be entitled as ‘Islam-as-faith model’ and ‘Islam-as-ideology model’. Former seeks the diffusion of power by cultural/ faith based means and thus society remains independent in determining its change. While the later goes on to open and expand the power realm by maximizing the role of state in determining the social change. With the help of these models, it can better be explained that what made Pakistani society fail in the collective political identity construction, hindering thus the political potential of the society to be utilized for initiating state formation and societal growth. As a result, today, we see a state that is often rebelled and resisted on the name of ethnicity, religion and sectarianism on one hand and by the ordinary folk when and wherever possible.

Keywords: idealogy, Iqbal, Jinnah, identity

Procedia PDF Downloads 13
1886 Echoes of Injustice: A Study of Human Rights Violations Against Indigenous Peoples in Bukidnon

Authors: Atty. James M. Violon, Atty. Sherrymae O. Velos

Abstract:

This groundbreaking study unveils the enduring human rights violations experienced by Indigenous peoples in Valencia City, Bukidnon, with a particular focus on the Bukidnon, Higaonon, Talaandig, Manobo, Matigsalug, Tigwahanon, and Umayamnon tribes. Through a robust qualitative approach incorporating in-depth interviews and oral histories, the research captures the profound impacts of land grabbing, forced displacement, and cultural erosion on these communities. By illuminating the historical injustices intertwined with contemporary government policies that prioritize corporate interests, the study reveals a stark reality: these violations have precipitated not only the loss of livelihoods but also the marginalization and disintegration of Indigenous identities. This research stands out by advocating for urgent reforms, calling for more comprehensive legal frameworks and inclusive decision-making processes that genuinely reflect the needs and rights of Indigenous communities. Moreover, the study emphasizes the necessity of public awareness campaigns to safeguard these marginalized groups' rights and dignity. Its findings contribute significantly to the discourse on social justice, advocating for policies that protect ancestral lands and empower communities to pursue sustainable development that honors Indigenous cultures. This work serves as a crucial call to action, highlighting the importance of respecting and uplifting the voices of Indigenous peoples in Bukidnon.

Keywords: indigenous peoples, human rights, land grabbing, Bukidnon, cultural erosion

Procedia PDF Downloads 17
1885 The Nature and Impact of Trojan Horses in Cybersecurity

Authors: Mehrab Faraghti

Abstract:

Trojan horses, a form of malware masquerading as legitimate software, pose significant cybersecurity threats. These malicious programs exploit user trust, infiltrate systems, and can lead to data breaches, financial loss, and compromised privacy. This paper explores the mechanisms through which Trojan horses operate, including delivery methods such as phishing and software vulnerabilities. It categorizes various types of Trojan horses and their specific impacts on individuals and organizations. Additionally, the research highlights the evolution of Trojan threats and the importance of user awareness and proactive security measures. By analyzing case studies of notable Trojan attacks, this study identifies common vulnerabilities that can be exploited and offers insights into effective countermeasures, including behavioral analysis, anomaly detection, and robust incident response strategies. The findings emphasize the need for comprehensive cybersecurity education and the implementation of advanced security protocols to mitigate the risks associated with Trojan horses.

Keywords: Trojan horses, cybersecurity, malware, data breach

Procedia PDF Downloads 16
1884 The Effect of Regulation and Investment in Sustainable Practices on Environmental Performance and Consumer Trust: a Time Series Analysis of the Dominant Companies within the Energy Sector

Authors: Sempiga Olivier, Dominika Latusek-Jurczak

Abstract:

Climate change has allegedly been attributed to a high consumption of fossil fuels, leading to severe environmental problems. The energy sector has been among the most polluting sectors for many decades. Consequently, there is a lack of trust in several energy firms, especially those in fossil fuels and nuclear energy. A robust regulatory framework is needed, and more investment in renewable energy sources is paramount for a better environmental outcome. Given the significant environmental impact of energy production and consumption in the energy sector, sustainable marketing practices have become increasingly important. Although the latter has had the lion’s share in polluting the environment, much effort has been made recently to move away from fossil fuels and privilege renewable energy sources. How this shift would help rebuild trust in the energy industry is unclear. For the shift to have lasting effects, it may be essential that regulatory agencies examine how energy firms engage in sustainable investment. There is little empirical evidence on whether adopting regulating marketing practices and investment initiatives can help different organizations reduce their environmental impact and promote sustainable development. Little is known about how and whether the environmental value in firms goes beyond rhetoric, greenwashing and publicity to translate into economic gains and environmental performance. The study investigates how regulatory agencies can help energy firms invest sustainably and take sustainable initiatives even amid the energy crisis caused by the Russia-Ukraine conflict and how these sustainable practices relate to renewed consumer trust. Using data from Corporate Knights, the study, through time series, analyses the relationship between sustainable regulation, sustainable practices of energy firms from around the world and their relation to consumer trust and environmental performance over the past 20 years. It examines how their sustainable investment, energy, and carbon productivity relate to environmental sustainability and consumer trust. This longitudinal study provides empirical evidence of the interplay between regulation, trust and environmental performance. The research is grounded in institutional trust theory, which emphasizes the role of regulatory frameworks and organizational practices in shaping public perceptions of fairness, transparency, and legitimacy. Results show that organizations in the energy sector, supported by robust regulatory tools, can overcome the negative image of polluters and compete with other companies in the fight against climate change and global warming. However, to do so, energy firms should consider investing more in renewable energy sources and implementing sustainable strategies and practices that go beyond greenwashing to improve their environmental performance, thereby rebuilding consumer trust in the energy sector. Results allow regulatory regimes and organizations to learn why it is crucial for energy firms to invest in renewable energy sources and engage in various sustainable initiatives and practices to contribute to better environmental outcomes and higher levels of trust.

Keywords: consumer trust, energy, environmental performance, regulation, renewable energy sources, sustainable practices

Procedia PDF Downloads 16
1883 The Impact of Regulation of Energy Prices on Public Trust in Europe during Energy Crisis: A Cross-Sectional Study in the Aftermath of the Russia-Ukraine Conflict

Authors: Sempiga Olivier, Dominika Latusek-Jurczak

Abstract:

The conflict in Ukraine has had far-reaching economic consequences, not only for the countries directly involved in it but also for their trading partners and allies, and on the global economy in general. Different European Union (EU) countries, being some of Ukraine and Russia's major trading partners, have also felt the impact of the conflict on their economy. In a special way, the energy sector has suffered the most due to the fact that Russia is a huge exporter of gas and other energy sources on which rely European countries. Energy is a locomotive of the economy and once energy prices skyrocket there is a spill over effects in other areas causing different commodities’ prices to rise thereby affecting people’s social economic lifestyles. To minimise the impact energy crisis’ socio-political and economic consequences, the EU and countries have tightened their regulatory mechanisms to stop some energy firms exploit the crisis at the expense of the vulnerable mass. The key question is to what extent these regulatory instruments put in place during the energy crisis times have an affect on citizen trust in the governing institutions. The question is of paramount importance after years of declining trust in the EU and in most countries in Europe. Earlier research have analysed how wars or global political risks relate to citizen trust in government and organizations but very few empirical research have examined the relationship between regulatory instruments during the time of crisis on citizen trust in government and institutions. Using data from INSEE (the French National Institute of Statistics and Economic Studies) and European Social Survey (ESS), it carry out a multilinear regression analysis and investigate the impact of regulation both from the EU and different countries on energy prices on citizen trust. To understand the dynamics between regulatory actions during crises and citizen trust, this study draws on the theoretical framework of institutional trust and regulatory legitimacy. Institutional trust theory posits that citizens’ trust in government and institutions is influenced by perceptions of fairness, transparency, and efficacy in governance. Regulatory legitimacy, a related concept, suggests that regulatory measures, especially in response to crises, are more effective when perceived as just, necessary, and in the public interest. Results of this cross sectional study show that regulatory frameworks strongly affect the levels of trust, the association varying from strong to moderate depending on countries and period. This study contributes to the understanding of the vital relationship between regulatory measures implemented during crises and citizen trust in government institutions. By identifying the conditions under which trust is fostered or eroded, the findings provide policymakers with valuable insights into effective strategies for enhancing public confidence, ultimately guiding interventions that can mitigate the socio-political impacts of future energy crises.

Keywords: energy crisis, price, regulation, russia-Ukraine conflict, trust

Procedia PDF Downloads 12
1882 Deciding on Customary International Law: The ICJ's Approach Using Induction, Deduction, and Assertion

Authors: Maryam Nimehforush, Hamid Vahidkia

Abstract:

The International Court of Justice, as well as international law in general, may not excel in methodology. In contrast to how it interprets treaties, the Court rarely explains how it determines the existence, content, and scope of customary international law rules it uses. The Court's jurisprudence only mentions the inductive and deductive methods of law determination sporadically. Both the Court and legal literature have not extensively discussed their approach to determining customary international law. Surprisingly, the question of the Court's methodology has not garnered much attention despite the fact that interpreting and shaping the law have always been intertwined. This article seeks to redirect focus to the method used by the Court in deciding the customs of international law it enforces, emphasizing the importance of methodology in the evolution of customary international law. The text begins by giving explanations for the concepts of ‘induction’ and ‘deduction’ and explores how the Court utilizes them. It later examines when the Court employs inductive and deductive reasoning, the varied types and purposes of deduction, and the connection between the two approaches. The text questions the different concepts of inductive and deductive tradition and proves that the primary approach utilized by the Court is not induction or deduction but instead, assertion.

Keywords: ICJ, law, international, induction, deduction, assertion

Procedia PDF Downloads 21