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"LEGAL FRAMEWORK"
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Handling climate displacement
How do we begin to handle the greatest crisis affecting humanity today? Climate change is already causing droughts, flooding, and famine that are forcing people to leave their livelihoods and communities. In the years to come, millions will find their local areas uninhabitable, as mass displacement of people reaches disastrous levels. Handling Climate Displacement explains how climate change has become recognized as a human rights concern, and how human rights are key to managing the crisis. Local authorities and populations increasingly call for guidance in the absence of an internationally recognized framework. Drafted in 2013 by a committee of experts and practitioners, Hassine uses the Peninsula Principles on Climate Displacement within States to offer concrete solutions to the impending emergency. Enriched by the author's experience working with the victims of climate displacement, this book offers an effective framework to deal with the challenges presented by mass displacement while protecting human rights.
Book
Economic factors influencing the empowerment of Peruvian women version 2; peer review: 1 approved, 1 approved with reservations
Objective
To determine whether economic factors are crucial in empowering women, guiding them towards growth and development opportunities, achieving empowerment, and contributing to two sustainable development goals of the 2030 development agenda: ending poverty and achieving gender equality.
Methodology
The research was foundational, with a phenomenological and hermeneutic design. The applied technique was in-depth interviews with 12 women who had started a business within the last five years in a region of Peru.
Results
It is evident that economic factors are decisive in business experiences and decisions, highlighting the necessity of having contingency funds to prevent operational impacts. Through entrepreneurship, women achieved economic independence, enabling them to support their families and impacting their empowerment. It concludes that to promote economic opportunity equality, addressing financing needs, encouraging economic independence, strengthening family empowerment, improving customer management, and facilitating access to government funds are essential.
Conclusions
The narrative of the participants provides a solid foundation for designing specific policies and support programs that boost the economic empowerment of women entrepreneurs and encourage their active participation in the business sphere.
Journal Article
In Support of the Absolute Prohibition of Torture in Zimbabwean Criminal Justice System: The Necessity for a Torture Legislation in Zimbabwe
This article examines the reasons why torture has no place in Zimbabwe’s criminal justice system, focusing on the role of constitutional dialogue and a standalone torture law as the optimal alternatives for protecting constitutional rights. The paper finds that the rejection of torture aligns with principles of constitutional dialogue in safeguarding fundamental rights. Freedom from torture is non-negotiable both nationally and internationally. The methodology used here involved analyzing the case law within Zimbabwe in the light of international law. Rejecting torture reflects a commitment to constitutional dialogue, fostering a legal framework that upholds fundamental rights and constitutional values. Moving forward, considerations of severity and purpose should distinguish thresholds for lawful sanctions, while clarifying the government’s duty to abstain from torture and protect citizens from both public and private agents’ acts of torture. This exposes the necessity for a domestic legislation on torture in Zimbabwe, because mere constitutional prohibition of torture is insufficient in the absence of supporting laws detailing the crime’s gravamen and procedures.
Journal Article
Solid Waste Management in the Context of a Circular Economy in the MENA Region
Solid waste management in most MENA countries is characterized by lack of planning, improper disposal, inadequate collection services, inappropriate technologies that suit the local conditions and technical requirements, and insufficient funding. Therefore, waste management is mainly limited to collection, transportation, and disposal. As the circular economy has recently been given high priority on the MENA region’s political agenda, all MENA member states are seeking to move away from old-fashioned waste disposal, “waste management”, towards a more intelligent waste treatment, “resource efficiency”. This paper presents a comprehensive overview of national systems for municipal solid waste (MSW) management, and material and energy recovery as an important aspect thereof, in the context of the circular economy in selected countries in the MENA region. Since policy, regulation, and treatment technologies are traditionally connected to MSW management, the focus of this article is twofold. Firstly, it aims to identify the different practices of solid waste management employed in selected MENA region countries and their approaches to embracing the circular economy and, secondly, it examines the extent to which policies and technologies applied play any role in this context. The study revealed that most waste management issues in the countries analyzed appear to be due to political factors and the decentralized nature of waste management with multi-level management and responsibilities. In fact, material and energy recovery in the context of municipal solid waste management does not differ significantly in the countries in the MENA region considered. In most cases, “waste” is still seen as “trouble” rather than a resource. Therefore, a fresh vision on how the solid waste management system can be transformed into a circular economy is required; there is a need for paradigm shift from a linear economy model to a circular-economy model.
Journal Article
Challenges Experienced by Public Secondary School Teachers in the Application of the Legal Framework for Their Safety
SUMMARYThe safety of teachers in public schools is important for the creation of a conducive teaching and learning environment. The application of the South African legal framework should ensure that teachers work in a safe environment. The phrase ‘teacher safety’ refers to the safeguarding of teachers from harm, including physical, psychological, and emotional injury. Sec. 12 of South Africa’s Constitution (1996) ensures teachers’ safety, and various local and international studies have examined their safety. The existing studies lack an exploration of the way in which the legal framework has been applied to ensure teachers’ safety from violence in public schools. The investigation reported in this article pivots on the following research question: What challenges do public secondary school teachers experience in applying the legal framework for their safety? To respond to this question, qualitative research was conducted. Data were collected using semi-structured interviews. Purposive sampling was used to recruit ten experienced participants (five teachers and five principals) from five public secondary schools in the Ngaka Modiri Molema District of the North-West province of South Africa. The data were then thematically analysed. The main finding of the study is that, while there are sufficient legal measures that regulate teachers’ safety, there is a lack in the application thereof to ensure teachers’ safety in public secondary schools. This is one of the contributory factors to violence against teachers. The existing legal framework provisions should be applied by teachers to safeguard them against violence.
Journal Article
Research on the Legal Framework of Content Regulations for Network Platforms
In the era of the Internet, various network platforms have evolved into new hubs for information dissemination. Currently, China has established a platform-centered content regulation framework, wherein platforms proactively enforce content regulations in accordance with legal censorship obligations. Additionally, platform policies and user agreements augment their authority in content regulation. The platforms can achieve cost-effective and highly efficient content regulation by leveraging their strategic advantages enabled by their own technical capabilities and extensive coverage. The platform self-regulation model, however, still faces challenges. First, accurately evaluating content remains a formidable task; second, ensuring effective platform publicity through self-regulation poses difficulties; third, users may potentially face disadvantages due to the platform’s right of self-regulation; and fourth, digital copyright owners face challenges when defending digital copyright disputes under the safe harbor rule. Therefore, it is imperative to establish, review, and revise the legal framework for content regulation of network platforms in order to enhance the efficiency of their governance systems. The formulation of the legal framework for content regulation of network platforms may encompass the following aspects: rationalizing obligations pertaining to platform content regulations, enhancing supervision over platform self-regulation, and establishing a dual-track responsibility system for digital copyright content regulation. This will ensure a harmonious balance among public interests, users’ personal rights and interests, and commercial benefits through regulating the content on network platforms.
Journal Article
Adapting the Budapest Convention to address emerging cyber threats
Aim: This paper examines the necessity of adapting the Budapest Convention to address emerging cyber threats, including ransomware, the misuse of cryptocurrencies, artificial intelligence(AI), Internet of Things (IoT) vulnerabilities, and cross-border jurisdictional challenges. The paper highlights the legal gaps and proposes updates to ensure the Convention remains relevant in combating evolving cybercrimes. Methodology: A comparative legal research approach is employed, analyzing the current provisions of the Budapest Convention alongside case studies of emerging Cyber threats. The research integrates doctrinal analysis and practical insights, including reviews of international legal frameworks, technological developments, and enforcement practices. Findings: The study identifies significant gaps in the Budapest Convention, including the lack of provisions addressing advanced cybercrime methods and the challenges of cross-border enforcement. These gaps hinder the Convention's ability to address contemporary Cyber threats effectively. The paper suggests concrete reforms, such as incorporating provisions for AI-driven crimes, cryptocurrency regulations, and enhanced cross-border cooperation mechanisms. Value: This paper contributes to the ongoing discourse on international cybercrime law by proposing actionable updates to the Budapest Convention. It provides a roadmap for policymakers and legal practitioners to enhance the Convention's relevance and effectiveness in tackling the dynamic landscape of cyber threats while safeguarding fundamental rights.
Journal Article
Artificial Intelligence (AI) and the Vagaries of Law and Practice in Nigeria: Matters Arising
The world is currently being faced with inevitable changes and disruptive innovations altering the status quo, redirecting activities and reassigning roles. These deviations which are accentuated by digitalization and driven by Information Communication Technology is radically changing the trajectory of human way of life with the aim of meeting some specific needs of the immediate society. Lately, and in the advent of fourth industrial revolution, AI has innovatively permeated almost every aspect of human endeavor with greater tendency of displacing mostly professionals in their various fields. Like many other endeavors and service providers, law and legal practice are not spared from the current inexplicable displacement which is an inevitable consequence of AI. This paper interrogates the readiness of legal practice and existing legal frameworks in Nigeria to match with the advancement championed by AI. Although AI is arguably not a very perfect innovation, the findings of this article reveal that there is dearth of relevant skills, expertise and inadequate legal framework to match the demands of the current waves. It therefore offers recommendations which suggest that AI and human would be seen to play complementary roles rather than AI being perceived as imminent threat to human roles.
Journal Article
Legal aspects related to digital twin
The creation of digital replicas of individuals, based on their data, gives birth to what experts in medical field called the ‘personal digital twin’. This new ‘digital self’ raises many difficulties, in sociology, in science and in law. This article presents the main issues from a legal point of view. Most of the structuring concepts of the law are questioned by these special symbiotic systems: the concept of person, identity, entitlement to rights and obligations, legal capacity, liability, data processing, etc. All these notions, which are rooted in the legal tradition, are correlated to the human person and must therefore be profoundly adapted to apply to the digital twin. It is a new experience: the law must devise concepts to take account of an entity that is halfway between people and things. We see this as an opportunity to rethink the legal framework and to consider the advent of future digital human rights. This questioning, barely sketched here, aims to make the law evolve towards a better consideration of symbiotic systems. This article is part of the theme issue ‘Towards symbiotic autonomous systems’.
Journal Article