Search results for: national legislation
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 822

Search results for: national legislation

822 Need of National Space Legislation for Space Faring Nations

Authors: Muhammad Naveed, Yang Caixia

Abstract:

The need for national space legislation is pivotal, particularly in light of the fact that in recent years space activities have grown immensely both in volume and diversity. Countries are progressively developing capabilities in space exploration and scientific discoveries, market their capabilities to manufacture satellites, provide launch services from their facilities and are looking to privatize and commercialize their space resources. Today, nations are also seeking to comprehend the technological and financial potential of the private sector and are considering to share their financial burdens with them and to limit their exposures to risks, but they are lagging behind in legal framework in this regard. In the perspective of these emerging developments, it is therefore, felt that national space legislation should be enacted with the goal of building and implementing a vibrant and transparent legal framework at the national level to hasten investments and to ensure growth in this capital intensive - highly yield strategic sector. This study looks at (I) the international legal framework that governs space activities; (II) motivation behind making national space laws; and (III) the need for national space legislation. The paper concludes with some recommendations with regards to the conceivable future direction for national space legislation, in particular space empowered sub-areas for countries.

Keywords: International conventions, national legislation, space faring nation, space law.

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821 Labour Migration in Russia in the Context of Russia’s National Security Problem

Authors: A. V. Dolzhikova

Abstract:

The article deals with the problems of labour migration in the Russian Federation in the context of Russia's national security, provides the typology of migrants residing in the territory of the Russian Federation and analyzes the risk factors. The author considers the structure of migration flows and the terms of legal, economic and socio-cultural adaptation of migrants in the Russian Federation. In this connection, the status of the Russian migration legislation, the concept of the comprehensive exam in Russian as a foreign language, history of Russia and the basics of the Russian Federation legislation for foreign citizens which was introduced in Russia on January 1, 2015, are analyzed. The article discloses its role as the adaptation strategy and the factor of Russia's migration security.

Keywords: Comprehensive exam, migration policy, migration legislation, Russia's national security.

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820 Governance through Cooperation: Solvit System and its Role in the Correct Implementation of the European Law by the National Public Administrations

Authors: C. Mătusescu, C. Mares, C. Gilia

Abstract:

The Implementation of the Union law faces major challenges today. If for a long period of time, the Community and the Union have persevered in their legislative vocation, now one can notice that this large legislative quantity has complicated the task of knowledge and of application the European standards. Under these circumstances, it became necessary, in order to give effectiveness to the European legislation, the development of some operational application criteria and the generation of some new implementation tools. The correct application of the European Union legislation by the national public administrations was considered by the European Commission as being crucial for further integration and proper functioning of the internal market. Among the initiatives launched in the past years to promote the exchange of good administrative practices in the correct application of European Union legislation, SOLVIT net has proved to be one of the most effective.

Keywords: Cooperation, European law, informal mechanisms, internal market, SOLVIT.

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819 Digital Privacy Legislation Awareness

Authors: Henry Foulds, Magda Huisman, Gunther R. Drevin

Abstract:

Privacy is regarded as a fundamental human right and it is clear that the study of digital privacy is an important field. Digital privacy is influenced by new and constantly evolving technologies and this continuous change makes it hard to create legislation to protect people’s privacy from being exploited by misuse of these technologies.

This study aims to benefit digital privacy legislation efforts by evaluating the awareness and perceived importance of digital privacy legislation among computer science students. The chosen fixed variables for the population are study year and gamer classification.

The use of location based services in mobile applications and games are a concern for digital privacy. For this reason the study focused on computer science students as they have a high likelihood to use and develop this type of software. Surveys were used to evaluate awareness and perceived importance of digital privacy legislation.

The results of the study show that privacy legislation and awareness of privacy legislation are important to people. The perception of the importance of privacy legislation increases with academic experience. Awareness of privacy legislation increases from non-gamers to pro gamers. 

Keywords: Digital privacy, Legislation awareness, Gaming.

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818 The Law of Treaties and National Security of Islamic Republic of Iran

Authors: S. M. Tavakoli Sani, M. Sabbet Moghadam, Y. Khorram Farhadi, Iraj Rezayi Nejad

Abstract:

The concept of national security in Iran is a permanently effective factor in acceptance or rejection of many international obligations. These obligations had been defined according to the type of legislation of Iran in many aspects. Therefore, there are several treaties at international level which requires Iran’s security to come in contact with obligations in these treaties in a way that an obstacle to join to them and their passage in parliament. This issue is a typical category which every country pays attention to be accepted in treaties or to include their national security in that treaties and also they can see the related treaties from this perspective, but this issue that 'what is the concept of Iran’s national security', and 'To what extent it is changed in recent years, especially after Islamic Revolution' are important issues that can be criticized. Thus, this study is trying to assess singed treaties from the perspective of Iran’s national security according of the true meaning of treaty and to investigate how the international treaties may be in conflict with Iran’s national security.

Keywords: Treaties, national security, Iran, Islamic Revolution.

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817 Criminal Protection Objectivity of the Child's Right to Life and Physical and Psychological Safety

Authors: Hezha Hewa, Taher Sur

Abstract:

Nowadays, child affairs is a matter of both national and international interests. This issue is regarded a vital topic for various scientific fields across ages, and for all the communities without exception. However, the nature of child caring may vary due to the verities in science perspectives. So, considering child's affairs from different perspectives is helpful to have a complementary image about this matter. The purpose behind selecting this topic is to keep a balance between the victim on the one hand, and the guardian and the offender on the other hand, (i.e.) to avoid any kind of excessiveness either in the protection of the child and its rights not in the punishment of the offender. This is achieved through considering various legal materials in the Iraqi legislation and in the comparative legislations that are concerned with the child's issue and the extent to which the child makes use of these rights. The scope of this study involves the crimes that are considered as aggressions against the child's right to life, and the crimes that are dangerous to their physical and psychological safety. So, this study comprehensively considers the intentional murder of child, child murder to avoid disgrace, child kidnapping, child abandonment, physical abuse for the sake of punishment or not, child circumcision, verbal violence, and abstaining from leaving a child with a person who has the right of custody. This study ends with the most significant concluding points that have been derived throughout this study, which are: Unlike the Iraqi legislation, the Egyptian legislation defines the child in the Article 2 of the Child Law No. 12 of 1996 amended by the Law No. 126 of 2008 that the child is a person who does not exceed 18 years of age. Some legislation does not provide special criminal protection for child intentional murder, as in the Iraqi and the Egyptian legislation. However, some others have provided special criminal protection for a child, as in French and Syrian legislations. Child kidnapping is regarded as one of the most dangerous crimes that affects the child and the family as well, as it may expose the child's life to danger or to death. The most significant recommendations from the researcher are: The Iraqi legislation is recommended to take the necessary measures to establish a particular legislation for the child by including all the legal provisions that are associated with this weak creature, and make use of the Egyptian legislator’s experience as a pioneer in this respect. Both the Iraqi legislation and the Egyptian legislation are recommended to enact special laws to protect a child from the crimes of intentional murder, as the crime of child murder is currently subjected to the same provisions consider for adult murder.

Keywords: Child abuse, juvenile, legislation, punishment and aggravation.

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816 The Role of the Indigenous Languages in Policy Planning and Implementation: A Sociolinguistic Appraisal of the National Rebranding Programme of Nigeria

Authors: Anayochukwu Leonard Okoli

Abstract:

The nexus between language and culture is so intertwined and very significant that language is largely seen as a vehicle for cultural transmission. Culture itself refers to the aggregate belief system of a people, embellishing its corporate national image or brand. If we conceive national rebranding as a campaign to rekindle the patriotic flame in the consciousness of a people towards its sociocultural imperatives and values, then, Nigerian indigenous linguistic flame has not been ignited. Consequently, the paper contends that the current national rebranding policy remains a myth in the confines of the elitists' intellectual squabble. It however recommends that the use of our indigenous languages should be supported by adequate legislation and also propagated by Nollywood in order to revamp and sustain the people’s interest in their local languages. Finally, the use of the indigenous Nigerian languages demonstrates patriotism, an important ingredient for actualizing a genuine national rebranding.

Keywords: Appraisal, Indigenous Languages, Policy, Rebranding.

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815 Modern Problems of Russian Sport Legislation

Authors: Yurlov Sergey

Abstract:

The author examines modern problems of Russian sport legislation and whether it need to be changed in order to allow all sportsmen to participate, train and have another sportsmen’s rights as Russian law mandates. The article provides an overview of Russian sport legislation problems, provides examples of foreign countries. In addition, the author suggests solutions for existing legal problems.

Keywords: Amendment, legal problem, right, sport.

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814 Status and Requirements of Counter-Cyberterrorism

Authors: Jeong-Tae Kim, Tchanghee Hyun

Abstract:

The number of intrusions and attacks against critical infrastructures and other information networks is increasing rapidly. While there is no identified evidence that terrorist organizations are currently planning a coordinated attack against the vulnerabilities of computer systems and network connected to critical infrastructure, and origins of the indiscriminate cyber attacks that infect computers on network remain largely unknown. The growing trend toward the use of more automated and menacing attack tools has also overwhelmed some of the current methodologies used for tracking cyber attacks. There is an ample possibility that this kind of cyber attacks can be transform to cyberterrorism caused by illegal purposes. Cyberterrorism is a matter of vital importance to national welfare. Therefore, each countries and organizations have to take a proper measure to meet the situation and consider effective legislation about cyberterrorism.

Keywords: Cyberterrorism, cyber attack, information security, legislation

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813 A Legal Opinion on Mitigation and Adaptation on Air Pollution Strategies for Local Governments in South Africa

Authors: Marjone Van Der Bank, C. M. Van Der Bank

Abstract:

This paper presents an overview of the foundation and evolution of environmental related problems in local governments with specific reference on air pollution in South Africa. Local government has a direct mandate in terms of the Constitution of the Republic of South Africa, 1996 (hereafter, the Constitution). This mandate to protect, fulfil, respect and promote the Bill of Rights by local governments in respect of the powers and functions creates confusion around the role of where a local government fits in, in addressing the problem of climate change in South Africa. A reflection of the evolving legislations, developments, and processes regarding climate change that shaped local government dispensation in South Africa is addressed by the notion of developmental local governments. This paper seeks to examine the advances for mitigation and adaptation regulation of air pollution and application in South Africa. This study involves a qualitative approach that will involve South African national legislation as well as an interpretation of international strategies. A literature review study was conducted to undertake the various aspects of law in order to support the argument undertaken of mitigation and adaptation strategies. The paper presents a detailed discussion of the current legislation and the position as it currently stands, as well as the relevant protections as outlined in the National Environmental Management Act and the National Environmental Management: Air Quality Act. It then proceeds to outline the responsibilities of local governments in South Africa to mitigate and adapt to air pollution strategies.

Keywords: Adaptation, climate change, disaster, local governments, mitigation.

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812 Slovenian Spatial Legislation over Time and Its Issues

Authors: Andreja Benko

Abstract:

Article presents a short overview of the architects’ profession over time with outlined work of the architectural theoreticians. In the continuation is described a former affiliation of Slovenia as well as the spatial planning documents that were in use until the Slovenia joint Yugoslavia (last part in 1919). This legislation from former Austro-Hungarian monarchy was valid almost until 1950 in some parts of Yugoslavia even longer. Upon that will be mentioned some valid Slovenian spatial documents which will be compared with the German legislation. Analyzed will be the number of architect and spatial planners in Slovenia and also their number upon certain region in Slovenia. Based on that will be given also the number from statistical office of Slovenia of the number of buildings between years 2007 and 2012, and described also the collapse of the major construction companies in Slovenia and consequences of that. At the end will be outlined the morality and ethics by spatial interventions and lack of the architectural law in Slovenia as well as the problematic of minimal collaboration between the Ministry of infrastructure and spatial planning with the profession.

Keywords: Architect, history, legislation, Slovenia.

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811 Physical Education in the Brazilian Educational Law and National Curriculum Guidelines

Authors: Aline Dessupoio Chaves, Carla N. Luguetti, Michele Viviene Carbinatto

Abstract:

The aim of this study was to establish the relationship between the principles of Educational Sport and the objectives of Physical Education in two brasilian laws: National Curriculum Guidelines (PCNs) for the Elementary and Middle School Levels and the Guidelines and Basis Legislation (LDB). The method used was the survey analysis in order to determine the practices present in, or the opinions of, a specific population. The instrument used in this research was a questionnaire. After a broad review of the bibliography and according to the methodological procedures, the aim was to set the relationships between the Principles of Educational Sport and the objectives of Physical Education, according to the Brazilian Law (LDB) and National Curriculum Guidelines (PCNs) in a table made under the analysis of a group of specialists. As the relation between the principles of Educational Sport and the objectives of School Physical Education have shown, we can state that School Physical Education has gained pedagogical security for the potential use of Educational Sport as part of its contents.

Keywords: Educational sport, physical education, education.

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810 Cyber Fraud Schemes: Modus Operandi, Tools and Techniques, and the Role of European Legislation as a Defense Strategy

Authors: Papathanasiou Anastasios, Liontos George, Liagkou Vasiliki, Glavas Euripides

Abstract:

The purpose of this paper is to describe the growing problem of various cyber fraud schemes that exist on the internet and are currently among the most prevalent. The main focus of this paper is to provide a detailed description of the modus operandi, tools, and techniques utilized in four basic typologies of cyber frauds: Business Email Compromise (BEC) attacks, investment fraud, romance scams, and online sales fraud. The paper aims to shed light on the methods employed by cybercriminals in perpetrating these types of fraud, as well as the strategies they use to deceive and victimize individuals and businesses on the internet. Furthermore, this study outlines defense strategies intended to tackle the issue head-on, with a particular emphasis on the crucial role played by European legislation. European legislation has proactively adapted to the evolving landscape of cyber fraud, striving to enhance cybersecurity awareness, bolster user education, and implement advanced technical controls to mitigate associated risks. The paper evaluates the advantages and innovations brought about by the European legislation while also acknowledging potential flaws that cybercriminals might exploit. As a result, recommendations for refining the legislation are offered in this study in order to better address this pressing issue.

Keywords: Business email compromise, cybercrime, European legislation, investment fraud, Network and Information Security, online sales fraud, romance scams.

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809 A Comparative Analysis of Insolvency Proceedings in France, Germany and Slovak Republic

Authors: Zuzana Crhová, Marie Paseková

Abstract:

This contribution aims to compare legislation adjusting the course of insolvency proceedings in France, Germany and Slovakia. On the basis of an investigation of the legislative adjustment of this problem, an attempt is made to ascertain in the given countries the extent to which the outcome of the entire proceedings is influenced by legislation and to determine the fundamental moments that influence costs, recovery rate and the duration of proceedings. A comparative analysis was utilized in order to achieve the set goal. The results of the survey could be used to improve legislation so as to lead in the best and most expedient way to a departure from the market of those subjects that are for economic reasons unable to continue with their activities whilst burdening the entire process with the lowest possible costs, which would lead to a high level of satisfaction for creditors. 

Keywords: Costs, Insolvency Proceeding, Recovery Rate, Time.

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808 The Necessity of Urban Boundaries in Planning Legislation: A Case Study in Bilecik, Turkey

Authors: Mercan Efe Güney, Barış Parlatangiller, Melik Ayer

Abstract:

In Turkey, while urban area boundaries are enlarged by making decisions on investment areas in cities, development plans are made according to government decisions, rather than scientific criteria. Even environment protection laws state that “if public interest is at stake”, areas under mandatory protection can be transformed into investment areas. This leads to destruction of valuable agricultural lands. Paper demonstrates loss of agricultural lands by superimposing plans, Suitability of the Lands for Agricultural Use and Google Earth Images in an exemplary settlement, and expresses that urban area boundaries should be included in legislation as an official boundary for all settlements.

Keywords: Agriculture, boundary, city planning, development plan, legislation.

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807 Foreign Elements in the Methodologies of Usul Fiqh: Analyzing the Orientalist Thought

Authors: Ariyanti Mustapha

Abstract:

The development of Islamic jurisprudence since the first century of the hijra has fascinated many orientalists to explore the historiography of Islamic legislation. The practice of usul fiqh began during the lifetime of the Prophet Muhammad and was continued by the companions as the legal reasoning due to the absence of the legal injunction in the Qur’an and Sunnah. The orientalists propagated that the Roman and Jewish legislation were transplanted into Islamic jurisprudence and it was the primary reason for its progression. We used qualitative and comparative methods to analyze the orientalists’ views. Results showed that many erroneous facts were propagated by Goldziher and Schacht by claiming the parallels between the principles, methodologies, and fundamental concepts in Islamic jurisprudence and Roman Provincial law. The orientalists claimed that Islamic jurisprudence was derived from the corpus of Jewish Mishnah and Ha-kol. These judgments are used by the orientalists to prove the inferiority of Islamic jurisprudence. Nevertheless, many evidences have proven that Islamic legislation is capable of developing independently without any foreign transplant.

Keywords: Foreign transplant, ijtihad, orientalist, usul fiqh.

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806 A Balanced Scorecard for Identifying Factors of Strategic Fit of National R&D Program on the Creative Economy Policy

Authors: Jieun Kim, Haejin Cho, Yongtae Park, Yoonjo Kim, Jeonghwan Jeon

Abstract:

As creative economy is important theme for national policy, many countries have been raising investments through national R&D programs. Since not all of programs are aligned with the ultimate vision and R&D investment is one of the most decisive elements, the strategic fit of national R&D programs should be evaluated for effective resource allocation. This study aims at identifying the factors of strategic fit of national R&D program on the creative economy policy. For this purpose, the balanced scorecard (BSC) model for R&D is utilized to translate national strategic objectives into a set of coherent performance factors.

Keywords: Balanced scorecard, Creative economy, National R&D program, Strategic fit.

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805 Service and Actions of Representatives of the National Intelligentsia on a Way of Independence of the Autonomous State

Authors: Zh. Kumganbayev, U. Ahatov, A. Darkenbayev

Abstract:

This article refers to the action of Kazakh intelligentsia towards the formation of national state and their attempt for reconstruction of national independence and building the way to nowadays- independence through reviewing the history of our national ideology.

Keywords: Kazakh intelligentsia's activity, Kazakh intellectuals, independence of Kazakhstan, Kazakh nation, Alashorda.

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804 Gender Component in the National Project of Kazakhstan

Authors: D.Nuketaeva, A.Kanagatova, I.Khan, B.Kylyshbayeva, G.Bektenova

Abstract:

This article describes the aspects of the formation of the national idea and national identity through the prism of gender control and its contradistinction to the obsolete, Soviet component. The role of females in ethnic and national projects is considered from the point of view of Dr. Nira Yuval-Davis: as biological reproducers of the ethnic communities- members; as reproducers of the boarders of ethnic/national groups; as central participants in the ideological reproduction of community and transducers of its culture; as symbols in ideology, reproduction and transformation of ethnic/national categories; and as participants of national, economical, political and military combats. The society of the transitional type uses the symbolic resources of the formation of gender component in the national project. The gender patterns act like cultural codes, executing the important ideological function in formation of the national female- image, i.e. the discussion on hijab - it-s not just the discussion on control over the female body, it-s the discussion on the metaphor of social order.

Keywords: nation, gender, hijab, Islam, ideology, politics, national idea, national identity, society of the transitional type

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803 Gaming for the Energy Neutral Development: A Case Study of Strijp-S

Authors: Q. Han, W. Schaefer, R. van den Berg

Abstract:

This paper deals with stakeholders’ decisions within energy neutral urban redevelopment processes. The decisions of these stakeholders during the process will make or break energy neutral ambitions. An extensive form of game theory model gave insight in the behavioral differences of stakeholders regarding energy neutral ambitions and the effects of the changing legislation. The results show that new legislation regarding spatial planning slightly influences the behavior of stakeholders. An active behavior of the municipality will still result in the best outcome. Nevertheless, the municipality becomes more powerful when acting passively and can make the use of planning tools to provide governance towards energy neutral urban redevelopment. Moreover, organizational support, recognizing the necessity for energy neutrality, keeping focused and collaboration among stakeholders are crucial elements to achieve the objective of an energy neutral urban (re)development.

Keywords: Energy neutrality urban (re)development, stakeholder behavior, legislation, game theory.

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802 Political Preconditions for National Values of the Kazakhstan Nation

Authors: Zhazira Kuanyshbayeva

Abstract:

Article is devoted to the problem of Kazakhstan people national values in the conditions of the Republic of Kazakhstan independence. Formation of ethnos national values is viewed as the mandatory constituent of this process in contemporary conditions. The article shows the dynamics of forming socialspiritual basis of Kazakhstan people-s national values. It depicts peculiarities of interethnic relations in poly-ethnic and multiconfessional Kazakhstan. The study reviews in every detail various directions of the state social policy development in the sphere of national values. It is aimed to consolidation of the society to achieve the shared objective, i.e. building democratic and civilized state. The author discloses peculiarities of ethnos national values development using specific sources. It is underlined that renewal and modernization of Kazakhstan society represents new stage in the national value development, and its typical feature is integration process based on peoples- friendship, cultural principles of interethnic communication.

Keywords: Interethnic relation, Kazakhstan people, national policy, national values.

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801 UAE National ID Programme Case Study

Authors: Ali M. Al-Khouri

Abstract:

This article provides some insight into the implementation of the national ID programme in the United Arab Emirates (UAE). The fundamental aim is to contribute to the existing body of knowledge in the field, as it sheds light on some of the lessons learned from the programme that is believed to widening the knowledge horizons of those involved in such initiatives.

Keywords: national id; identity management.

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800 Economic Effects of Maritime Environmental Legislation in the North and Baltic Sea Area: An Exploratory Sequential Mixed Methods Approach

Authors: Thea Freese

Abstract:

Environmental legislation to protect North and Baltic Sea areas from harmful vessel-source emissions has received increased political attention in recent years. Legislative measures are expected to show positive effects on the health of the marine environment and society. At the same time, compliance might increase the costs to industry and have effects on freight rates and volumes shipped with potential negative repercussions on the environment. Building on an exploratory sequential mixed methods approach, this research project will study the economic effects of maritime environmental legislation in two phases. In Phase I, exploratory in-depth interviews were conducted with 12 experts from various stakeholder groups aiming at identifying variables influencing the relationship between environmental legislation, freight rates and volumes shipped. Influencing factors like compliance, enforcement and modal shift were identified and studied. Phase II will comprise of a quantitative study conducted with the aim of verifying the theory build in Phase I and quantifying economic effects of rules on shipping pollution. Research in this field might inform policy-makers about determinants of behaviour of ship operators in the face of the law and might further the development of a comprehensive legal system for marine environmental protection. At the present stage of research, first tentative results from the qualitative phase may be examined and open research questions to be addressed in the quantitative phase as well as possible research designs for phase II may be discussed. Input from other researchers will be highly valuable at this point.

Keywords: Clean shipping operations, compliance, maritime environmental legislation, maritime law and economics, mixed methods research, North and Baltic Sea area.

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799 The National Security Assurance of the Republic of Kazakhstan

Authors: Sholpan Zhandossova, Erden Ordabek, Yelbolsyn Nazarov

Abstract:

the article analyzes the national security as a scientific and practical problem, characterized by the state's political institutions to ensure effective action to maintain optimal conditions for the existence and development of the individual and society. National security, as a category of political science reflects the relationship between the security to the nation, including public relations and social consciousness, social institutions and their activities, ensuring the realization of national interests in a particular historical situation. In national security are three security levels: individual, society and state. Their role and place determined by the nature of social relations, political systems, the presence of internal and external threats. In terms of content in the concept of national security is taken to provide political, economic, military, environmental, information security and safety of the cultural development of the nation.

Keywords: Kazakhstan, national security, religious extremism

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798 The Application of Regulatory Impact Assessment (RIA) on the Czech Financial Market

Authors: Jana Chvalkovska, Petr Jansky, Petr Teply

Abstract:

The impact assessment in its various forms has recently become a very important part of policy-making and legislation in many different countries. Regulatory impact assessment (RIA) is yet another set of analytical methods deployed in the legislation of the European Union, of many developed countries as well as in many developing ones such as Mexico, Malaysia and Philippines. The aim of this paper is to provide a theoretical background for economic models in regulatory impact assessment and an overview of their application especially on the financial market in the Czech Republic. We found out an inadequate application of these models, what makes room for further research in this field.

Keywords: regulatory impact assessment, RIA, impact evaluation, building societies, Czech Republic

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797 The Application of International Law in Terms of Earthlife Africa Johannesburg and Another v Minister of Energy and Others 65662/16 (2017) Case

Authors: M. van der Bank

Abstract:

This study involves a legal analysis of the case Earthlife Africa Johannesburg v Minister of Environmental Affairs and Others. The case considered the impact of the Thabametsi Power Project if it operated to the expected year 2060 on the global climate and ever-changing climate, in South Africa. This judgment highlights the significance, place and principles of climate change and where climate change impacts the South African environmental law which has its founding principles in the Constitution of the Republic of South Africa, 1996. This paper seeks to examine the advances for climate change regulation and application in terms of international law, in South Africa, through a qualitative study involving comparative national and international case law. A literature review study was conducted to compare and contrast the various aspects of law in order to support the argument undertaken. The paper presents a detailed discussion of the current legislation and the position as it currently stands with reference to international law and interpretation. The relevant protections as outlined in the National Environmental Management Act will be discussed. It then proceeds to outline the potential liability of the Minister in the interpretation and application of international law.

Keywords: Climate change, environment, environmental review, international law, principles.

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796 Privacy vs. National Security: Where Do We Draw the Line?

Authors: Nooraneda Mutalip Laidey

Abstract:

Privacy is sacred and would normally be expected and preserved by an individual. Online privacy is no longer about the right to be left alone, but also includes the right not to be monitored. However, with the revelations made by United States National Security Agency former employee Edward Snowden that the government is spying on internet communications, individuals’ privacy can no longer be expected. Therefore, this paper is intended to evaluate law related to privacy protection in the digital domain, who should govern it and whether invasion to a person’s privacy is a necessary justification to preserve national security.

Keywords: Cyberspace, data protection, national security, privacy.

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795 Identifying Corruption in Legislation using Risk Analysis Methods

Authors: Chvalkovska, J., Jansky, P., Mejstrik, M.

Abstract:

The objective of this article is to discuss the potential of economic analysis as a tool for identification and evaluation of corruption in legislative acts. We propose that corruption be perceived as a risk variable within the legislative process. Therefore we find it appropriate to employ risk analysis methods, used in various fields of economics, for the evaluation of corruption in legislation. Furthermore we propose the incorporation of these methods into the so called corruption impact assessment (CIA), the general framework for detection of corruption in legislative acts. The applications of the risk analysis methods are demonstrated on examples of implementation of proposed CIA in the Czech Republic.

Keywords: corruption; corruption impact assessment (CIA); legislative; legislative process; risk analysis; Czech Republic

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794 Formal Thai National Costume in the Reign of King Bhumibol Adulyadej

Authors: Chanoknart Mayusoh

Abstract:

The research about Formal Thai National Costume in the reign of King Bhumibol Adulyadej is an applied research that aimed to study the accurate knowledge concerning to Thai national costume in the reign of King Rama IX, also to study origin of all costumes in the reign of King Rama IX and to study the style, material used, and using accasion. This research methodology which are collect quanlitative data through observation, document, and photograph from key informant of costume in the reign of King Rama IX and from another who related to this field.

The formal Thai national costume of the reign of King Bhumibol Adulyadej originated from the visit of His Majesty the King to Europe and America in 1960. Since Thailand had no traditional national costume; Her Majesty the Queen initiated the idea to create formal Thai national costumes. In 1964, Her Majesty the Queen selected 8 styles of formal Thai national costume. Later, Her Majesty the Queen confered another 3 formal Thai national costume for men. There are 8 styles of formal Thai national costume for women: Thai Ruean Ton, Thai Chit Lada, Thai Amarin, Thai Borom Phiman, Thai Siwalia, Thai Chakkri, Thai Dusit, and Thai Chakkraphat. There are 3 styles of formal Thai national costume for men: short-sleeve shirt, long-sleeve shirt, and long-sleeve shirt with breechcloth. The costume is widely used in formal ceremony such as greeting ceremony for official foreign visitors, wedding ceremony, or other auspicious ceremonies. Now a day, they are always used as a bridal gown as well. The formal Thai national costume is valuable art that shows Thai identity and, should be preserved for the next generation.

Keywords: The formal Thai national costume for women, The formal Thai national costume for men, His Majesty King Bhumibol Adulyadej the Great King Rama IX, Her Majesty Queen Sirikit Queen.

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793 The Two Layers of Food Safety and GMOs in the Hungarian Agricultural Law

Authors: Gergely Horváth

Abstract:

The study presents the complexity of food safety dividing it into two layers. Beyond the basic layer of requirements, there is a more demanding higher level linked with quality and purity aspects. It would be important to give special prominence to both layers, given that massive illnesses are caused by foods even though officially licensed. Then the study discusses an exciting safety challenge stemming from the risks of genetically modified organisms (GMOs). Furthermore, it features legal case examples that illustrate how certain liability questions are solved or not yet decided in connection with the production of genetically modified crops. In addition, a special kind of land grabbing, more precisely land grabbing from non-GMO farming systems can also be noticed as well as a new phenomenon eroding food sovereignty. Coexistence, the state where organic, conventional, and GM farming systems are standing alongside each other is an unsuitable experiment that cannot be successful, because of biophysical reasons (such as cross-pollination). Agricultural and environmental lawyers both try to find the optimal solution. Agri-environmental measures are introduced as a special subfield of law maintaining also food safety. The important steps of agri-environmental legislation are aiming at the protection of natural values, the environmental media and strengthening food safety as well, practically the quality of agricultural products intended for human consumption. The major findings of the study focus on searching for the appropriate approach capable of solving the security and safety problems of food production. The most interesting concepts of the Hungarian national and EU food law legislation are analyzed in more detail with descriptive, analytic and comparative methods.

Keywords: Food law, food safety, food security, GMO, agri-environmental measures.

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