The Transatlantic Dimension of the Judicial Protection of Fundamental Rights Online
In: The Italian Review of International and Comparative Law, no. 1/2021
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In: The Italian Review of International and Comparative Law, no. 1/2021
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In: Journal of politics and law: JPL, Band 13, Heft 3, S. 90
ISSN: 1913-9055
This study was aimed to investigate issues associated with the education rights of children in international and non-international armed conflict and the influence of armed conflict on educational staff and facilities in war-torn countries. Relevant international conventions are reviewed to evaluate their effectiveness in curbing the influence of armed conflict on children's education. The study highlights the importance of international humanitarian law (IHL) in inhibiting attacks against students, educational staff, and educational facilities during armed conflict. It also reviews conventional and non-conventional methods of protection and suggests ways in which IHL may be clarified and developed to enhance the supervision of the provision of education during armed struggles. The article concludes that it is necessary to have specific international conventions, oversight bodies and relevant educational obligations in order to guarantee law enforcement and require countries or member states to implement articles or provisions properly so as to improve and reinforce the education rights of children whose lives are impacted by armed conflict. In emergency situations, legal provisions constitute a vital protective measure.
This article examines the development of the legislation on asylum law and refugee policies in Portugal. The assessment begins in 1975, the year when democracy was re-established in the country, following the 1974 Carnation Revolution, and ends in 2015, the year the European asylum crisis started. We want to discuss whether, during this period, the policies established indicate an open regime, with an inte- grationist perspective, or whether they proclaim a closed regime with an exclusivist position; in other words, whether the asylum system promoted an active policy of receiving and integrating refugees, or whether the policies pursued intended to limit the access of refugees to the borders of the state. In order to understand these developments, we ana- lyze asylum application figures and asylum laws, trying to understand the main circumstantial contexts that influence them, namely Portugal's integration in the European Union. ; info:eu-repo/semantics/publishedVersion
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In: Asian journal of law and society, Band 7, Heft 3, S. 495-514
ISSN: 2052-9023
AbstractThe newly established judicial-transparency platforms, like China Judgements Online, have provided access to a new resource—judicial big data—making it possible to conduct empirical, big-data-based legal research. However, as is often the case with new products, these platforms—China Judgements Online, in particular—pose a few problems for big-data-based legal research: insufficient academic depth; immature technical methods; and lack of innovation due to flawed data, strict technical thresholds, and lack of theoretical ambition and ability. In the future, big-data-based legal research should make use of current data resources, continue to promote statistical science and computer science in research, and apply small-data research methods, and in the meanwhile pay attention to the combination of data and theory.
The changes occurred during the last decades have made data one of the most important business assets. With this evolution, together with the no man's land that the Internet was in its early years, came the awareness of the inherent dangers and potential damages involved in collecting and transferring data. Therefore, the attention of lawmakers has focused more and more on addressing the various risks related to this new asset. Limitations exist under different perspectives, sometimes protecting private interests, sometimes public. Rules impose limitations on the basis of traffic in arms; trade secret; copyright and author's rights; and, most prominently, the protection of personal data. The last topic is particularly complex. The Internet has drastically changed the landscape for the protection of personal data, and the existing patchwork of rules is no longer adequate. The very ownership of the data has been overthrown, making it hard to understand where liability rests. The changing context calls for a major revision of the existing rules on data protection. The European Union is discussing the reform, with provisions that are more high-level, but introducing significant penalties for violations. However, the reform is facing delays and difficulties, and it is still unknown when it will enter into force.
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In: Michigan Journal of Environmental & Administrative Law, Band 3, Heft 2
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In: Law & policy, Band 9, Heft 2, S. 125
ISSN: 0265-8240
Platform ecosystem has spawned a rapidly growing data-driven economy across the globe. The emerging platform models have been adjudged to have a positive impact on quality of life by engendering economic growth. However, as technologies become more intelligent and intrusive, there is a progressively higher risk of personal data being misused or compromised. This paper seeks to study the extent to which personal data is protected in Nigeria using document analysis and complementary conversational interviews, whenever the need arises. This study finds that regulatory frameworks in Nigeria are not sufficiently focused in addressing the issues of personal data protection when compared with principles of best practice in privacy and data protection. In addition, the players (financial entities and telecoms) do not abide by fair information principles; thus, customers and citizens remain uninformed about their rights, the potential harms inherent in the services on offer and in the choices they make. The absence of a robust enforcement institution leaves the emerging platform ecosystem virtually unregulated, which provides the platform players opportunities in exploitative use of consumer data. This paper argues that lack of personal data legislation in Nigeria constitutes an obstruction to the realisation of section 37 of the 1999 Nigerian Constitution, which provides for citizen privacy and data protection. The paper further argues that the Communications regulatory framework, by limiting personal data offence to mere ST regulation 2011 infringement, plays a critical role in abstrusely commodifying customer data in ways potentially detrimental to customers. The lack of a clear legislation, despite the guarantee of citizen privacy and data protection by the 1999 Nigerian Constitution, is an indication of policy failure. Thus, this paper's focus on personal data protection is important, given the growing significance of digital platform ecosystem across the globe including Africa.
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The wage is the most vulnerable and the most major in industrial relations. On the one hand wages are the right for workers/laborers in exchange for the services and/or personnel provided, in others the entrepreneurs see wages as fees. In order to provide protection against workers/labors for the amount of income earned, the government's Minimum wage must be applied by employers. The problem 1). To know the problem and examine the form of employment relationship between notary public and workers working at the notary office in Kampar District, and 2). To know and review the wages protection of workers working at the notary office in Kampar district. This research is empirical legal research, i.e. research that sees the application of regulations related to the objects being researched. This research was conducted in several offices of Kampar District notary. The data used is primary data and secondary data and data collection techniques using interviews and literature studies. From the research results can be concluded that, 1). form of employment relationship between notary and workers working in the office of notary Public in Kampar District, notary Public use the work agreement orally, but according to the employment LAW only use the work agreement orally at least Make a letter of appointment for workers and this is not made by notary. 2). Protection of wages workers working in the office of notary in Kampar district, that wages have not been fully provided in accordance with the existing regulations that are manpower LAW and decree of Riau Governor number Kpts 949/XI/2018 about Minimum wage Regency/city in Riau Province year 2019.
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Intro; Title page; Contents; Acknowledgements; 1 Introduction to information rights law; Introduction; What is information rights law?; What else is available?; Who works in information rights law?; General access to information; Access to personal information; Access to environmental information; Conclusion; 2 Freedom of information; Introduction; Handling requests: the basic method; The right to information: section 1; Identifying a request: section 8; Logging the request; Determining who has the information and forwarding the request to them
In: Cultural heritage law and policy
This title explores the international (including regional) law currently governing the protection and safeguarding of cultural heritage in peacetime and related international cultural policy-making. An important aspect of this publication is the emphasis placed on broader policy and other contexts within which, and in response to which, this law has developed
In: CLSR-D-23-00095
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In: International Review of Law and Economics, Band 30, Heft 4
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