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18 pages, 1224 KiB

Open AccessSystematic Review

Understanding the Illegal Wildlife Trade in Vietnam: A Systematic Literature Review

by Hai Thanh Luong

Laws 2022, 11(4), 64; https://doi.org/10.3390/laws11040064 - 22 Aug 2022

Cited by 3 | Viewed by 6759

As one of the earliest countries in the Southeast Asia region, Vietnam joined the CITES in 1994. However, they have faced several challenges and practical barriers to preventing and combating illegal wildlife trade (IWT) after 35 years. This first study systematically reviews 29 [...] Read more.

As one of the earliest countries in the Southeast Asia region, Vietnam joined the CITES in 1994. However, they have faced several challenges and practical barriers to preventing and combating illegal wildlife trade (IWT) after 35 years. This first study systematically reviews 29 English journal articles between 1994 and 2020 to examine and assess the main trends and patterns of the IWT’s concerns in Vietnam. Findings show (1) slow progress of empirical studies, (2) unbalanced authorship between Vietnamese and non-Vietnamese conducting their projects, (3) weighting of wildlife demand consumptions in Vietnamese communities rather than investigating supply networks with high-profile traffickers, (4) lacking research in green and conservation criminology to assess the inside of the IWT, and (5) need to focus on potential harms of zoonotic transmission between a wild animal and human beings. The article also provides current limitations before proposing further research to fill these future gaps. Full article

(This article belongs to the Special Issue Environmental Law)

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22 pages, 597 KiB

Open AccessArticle

Governing Cross-Border Data Flows: International Trade Agreements and Their Limits

by Yik-Chan Chin and Jingwu Zhao

Laws 2022, 11(4), 63; https://doi.org/10.3390/laws11040063 - 16 Aug 2022

Cited by 13 | Viewed by 15134

Abstract

In modern international competition and cooperation, digital trade rules centered on the cross-border flow of data have become a competitive advantage for countries. Under the guidance of commercial freedom, the United States chooses to actively promote the free flow of data across borders. [...] Read more.

In modern international competition and cooperation, digital trade rules centered on the cross-border flow of data have become a competitive advantage for countries. Under the guidance of commercial freedom, the United States chooses to actively promote the free flow of data across borders. The European Union has placed the protection of personal data rights before the cross-border flow of data through the General Data Protection Regulation (GDPR), and developing countries generally reserve space for industry policy interpretation. As one of the world’s largest economies, facing the needs of domestic industrial development and the pressure of international systems, China’s cross-border data flows’ policy is to ensure data flows under the premise of security, protection of personal information, seek international coordination of rules, and the freedom of transmission. The key question, therefore, is how to facilitate interoperability or find a middle ground among the divergent approaches in order to avoid the fragmentation of the digital trade system. The article suggests that a thin and narrowly scoped WTO agreement on e-commerce rules on cross-border data flows with sufficient policy space to accommodate different needs, policy preferences and priorities, and local contexts via legitimate exception provisions would be a welcome movement. Full article

(This article belongs to the Special Issue International Law as a Driver of Internet Governance)

20 pages, 642 KiB

Open AccessArticle

Restorative Justice, Youth Violence, and Policing: A Review of the Evidence

by Jonathan Hobson, Anamika Twyman-Ghoshal, Rebecca Banwell-Moore and Daniel P Ash

Laws 2022, 11(4), 62; https://doi.org/10.3390/laws11040062 - 15 Aug 2022

Cited by 7 | Viewed by 12400

Abstract

Restorative justice seeks to bring those that have created harm together with those that have been harmed, and often stands in contrast to retributive and punitive approaches to justice that centre the state in the responses to crime and harm. Restorative justice approaches [...] Read more.

Restorative justice seeks to bring those that have created harm together with those that have been harmed, and often stands in contrast to retributive and punitive approaches to justice that centre the state in the responses to crime and harm. Restorative justice approaches are becoming increasingly integrated into parts of the criminal justice system, and this paper examines the evidence for such applications in the context of youth violence and policing. The evidence is built on work conducted for the Metropolitan Police Service, the UKs largest police force with over 30,000 officers serving 8 million people in and around London. It does this through a Rapid Evidence Assessment, which utilises the search and sifting principles of systematic reviews on a more limited basis, tailored to the needs of a specific audience, and conducted within a limited timescale. The results of the assessment are broken down into three areas: benefits, challenges, and deployment considerations. The studies identified through the assessment suggest that restorative justice and restorative practice can form an important part of an overall strategy to help reduce both incidents of youth violence as well as the longer-term impacts of that violence when it has taken place. We conclude that in the context of violence and young people, effective restorative justice police practice should embrace a whole-system approach that incorporates multi-agency working and consistently engages with young people at risk of becoming violent offenders or victims. Full article

(This article belongs to the Special Issue New Frontiers in Restorative Justice and Restorative Practice: Expanding ‘What Works’)

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18 pages, 292 KiB

Open AccessCommentary

Ending Exclusion from Refugee Protection and Advancing International Justice

by James C. Simeon and Joseph Rikhof

Laws 2022, 11(4), 61; https://doi.org/10.3390/laws11040061 - 8 Aug 2022

Cited by 1 | Viewed by 3430

Abstract

In any utopic vision of the international refugee protection regime at least these two conditions ought to prevail: (1) all those who are genuinely in need of refugee protection will be granted international protection; (2) all those who are responsible for criminality, especially, [...] Read more.

In any utopic vision of the international refugee protection regime at least these two conditions ought to prevail: (1) all those who are genuinely in need of refugee protection will be granted international protection; (2) all those who are responsible for criminality, especially, serious international crimes, shall be held criminally liable. This presumes that the so-called “exclusion clauses” of the 1951 Refugee Convention, Article 1F, and those found in the regional refugee rights instruments (1969 OAU Convention, 1984 Cartagena Declaration, 2011 EU Qualifications Directive) are not required. No one would be excluded from refugee protection who meets the definition of refugee as found in these international refugee rights instruments. By the same token, anyone who is responsible for serious criminality, especially, serious international crimes, (as defined by the 1998 Rome Statute of the International Criminal Court) shall be held criminally liable. This serves the ideal of bringing an end to impunity for serious international criminality and ensuring everyone is held accountable for their contribution for the persecution of others. Accordingly, the first part of this article presents the thesis that serious criminality should be part of the inclusionary portions of the definition of who is a refugee and not its exclusionary portions, Article 1F of the 1951 Refugee Convention. Indeed, Article 1F, it is argued, is antiquated and no longer conforms to contemporary international norms and principles and can result in injustices to refugee applicants. Given the inherent complexity and difficulties with Article 1F and the fact it is no longer required, it can be repealed and Article 1A(2), the definition of who is a refugee, can be amended to not include anyone who is responsible for the commission of serious criminality. Moreover, when there is sufficiently reliable and trustworthy evidence that a refugee applicant is responsible for serious criminality then they can be prosecuted and by doing so both ending impunity for serious international crimes and advancing international justice can be achieved. The second part of the article is a commentary on the first part and raises a word of caution. The thesis of this part is that before adopting any radical solution with respect to the exclusion clause, it would be useful to provide a broader context to the issues raised. The commentary raises some questions regarding the underlying assumptions in the first part, specifically, in its examination of the human rights and international criminal justice framework. These questions are on three levels, namely conceptual, legal, and practical. The commentary concludes with some overarching observations in respect to the criticisms raised and the proposal submitted. Full article

(This article belongs to the Special Issue Refugees and International Law: The Challenge of Protection)

17 pages, 304 KiB

Open AccessArticle

The Delivery of Restorative Justice in Youth Offending Teams in England and Wales: Examining Disparities and Highlighting Best Practice

by Rebecca Banwell-Moore

Laws 2022, 11(4), 60; https://doi.org/10.3390/laws11040060 - 28 Jul 2022

Cited by 2 | Viewed by 5506

Abstract

Since the establishment of Youth Offending Teams (YOTs) in England and Wales in 1999, all victims of youth crime, must, in accordance with national instruments, be consulted by YOTs as to their wishes and provided with the opportunity to get involved in a [...] Read more.

Since the establishment of Youth Offending Teams (YOTs) in England and Wales in 1999, all victims of youth crime, must, in accordance with national instruments, be consulted by YOTs as to their wishes and provided with the opportunity to get involved in a restorative justice (RJ) initiative. RJ should be the underlying principle for all youth justice disposals and victims must be invited to be part of the process. If, as evidenced and consistently outlined in guidance, policy and research, the fundamental principle of inclusivity and victim participation are imperative to RJ, then to what extent are YOTs in England and Wales ‘fully’ restorative? Drawing upon the findings of a larger empirical study, this article specifically examines the use of RJ in seven YOTs in England and Wales to demonstrate that RJ has not been fully integrated into practice nor widely embedded into YOT culture. Victims of youth crime, continue to be systematically excluded from RJ. This paper outlines the disparities in the delivery of RJ amongst YOTs, demonstrates the reasons for service delivery disparities and concludes by evidencing best practice. Full article

(This article belongs to the Special Issue New Frontiers in Restorative Justice and Restorative Practice: Expanding ‘What Works’)

25 pages, 333 KiB

Open AccessArticle

Analysing Obstacles and Challenges in Fighting Corruption in Cases of Illegal Investments

by Belen Olmos Giupponi and Hong-Lin Yu

Laws 2022, 11(4), 59; https://doi.org/10.3390/laws11040059 - 27 Jul 2022

Cited by 2 | Viewed by 5400

Abstract

Due to existing shortcomings in the system, the suitability and effectiveness of the international investment arbitration regime in addressing corrupt practices in international transactions and investment projects has been frequently questioned. The current legal and regulatory regime presumes that there is a level [...] Read more.

Due to existing shortcomings in the system, the suitability and effectiveness of the international investment arbitration regime in addressing corrupt practices in international transactions and investment projects has been frequently questioned. The current legal and regulatory regime presumes that there is a level playing field, i.e., that the parties to an arbitration have equal access to information regarding corrupt actions. However, in practice, bringing claims of corruption in international investment fora meets various obstacles such as evidentiary hurdles and the lack of a specific arbitrators’ mandate. Hence, the focus of this article is on addressing gaps in the international investment arbitration regime dealing with corruption cases. There is increasing concern that the international legal and regulatory regime is inadequate and contains gaps that permit multinational firms to engage in illegal acts involving corruption. Against this backdrop, the main issue that arises is how the international community should respond. This article reviews the gaps in the international investment arbitration regime and then identifies two broad strategies to address the issue of accountability. The first strategy would be to build on and strengthen the existing international investment arbitration regime, which would imply its re-engineering. A second strategy would be to establish a regime providing a new forum and an avenue for dedicated international criminal investigators to be paired with dedicated anticorruption courts that would handle criminal complaints. The Anticorruption Protocol to the United Nations Convention against Corruption (APUNCAC) represents an example of the second strategy. The APUNCAC is a model convention that calls for the implementation of a system comprising dedicated international criminal investigators and dedicated anticorruption courts, in addition to a system where plaintiffs could pursue civil class actions and seek treble damages. The APUNCAC represents a more radical strategy for addressing corruption on the international level. In addition, the APUNCAC would also permit civil class actions seeking treble damages. Overall, the APUNCAC would offer claimants an opportunity to pursue their claims in a neutral forum. Full article

(This article belongs to the Special Issue The Anticorruption Protocol to the United Nations Convention against Corruption (APUNCAC))

17 pages, 366 KiB

Open AccessArticle

Restorative Pedagogy in the University Criminology Classroom: Learning about Restorative Justice with Restorative Practices and Values

by Rowan Sweeney

Laws 2022, 11(4), 58; https://doi.org/10.3390/laws11040058 - 18 Jul 2022

Cited by 4 | Viewed by 3470

Abstract

This paper explores the use of restorative practices and values to facilitate teaching and learning regarding restorative justice in undergraduate criminology curricula in England and Wales. Applications of restorative practice, inside and outside of criminal justice contexts, continue to progress and strengthen in [...] Read more.

This paper explores the use of restorative practices and values to facilitate teaching and learning regarding restorative justice in undergraduate criminology curricula in England and Wales. Applications of restorative practice, inside and outside of criminal justice contexts, continue to progress and strengthen in the UK and internationally. Similarly, the provision of undergraduate criminology programmes at universities in England and Wales, and globally, has increased substantially in recent decades. Yet, limited research has been conducted regarding the way restorative justice is taught at universities, particularly in a UK higher education context. This paper draws on research which set out to examine the extent and form of restorative justice knowledge production and exclusion, in undergraduate criminology programmes in England and Wales. In doing so, the innovative and effective use of restorative practice pedagogically was exposed. Evidence presented in this paper was collected via seven semi-structured interviews with criminology academics working at six different universities, and three focus groups with undergraduate criminology students, each at a different university. By exploring perspectives of academics and students regarding the use of restorative practices and values to support teaching and learning about restorative justice, this paper argues that real-world contextualisation, collaboration, and experiential learning are key elements of restorative pedagogy within undergraduate criminology. Full article

(This article belongs to the Special Issue New Frontiers in Restorative Justice and Restorative Practice: Expanding ‘What Works’)

20 pages, 1002 KiB

Open AccessReview

Direct Digital Services Taxes in Africa and the Canons of Taxation

by Favourate Y. Mpofu and Tankiso Moloi

Laws 2022, 11(4), 57; https://doi.org/10.3390/laws11040057 - 15 Jul 2022

Cited by 9 | Viewed by 8570

Abstract

The unprecedented expansion of the digital economy has increased the intricacy of mobilising tax revenues from both domestic and international transactions. Tax evasion and avoidance are perpetuated by the invisible nature of digital transactions. To minimise the untapped revenues, countries all over the [...] Read more.

The unprecedented expansion of the digital economy has increased the intricacy of mobilising tax revenues from both domestic and international transactions. Tax evasion and avoidance are perpetuated by the invisible nature of digital transactions. To minimise the untapped revenues, countries all over the world are mapping policy strategies on how to collect revenue from this sector. African countries are not an exception. They have constructed digital tax policies to levy both direct and indirect taxes on digital transactions. This paper focuses on direct digital service taxes (DSTs). Direct digital service taxes have been an issue of debate among governments, policy makers, academics, tax bodies, and development organisations. Disagreements coalesce around their structure, their adherence to the canons of taxation, opportunities, and challenges as well as consequences of implementing them. Through a literature review, this paper assesses the legislative structure and administration of digital service taxes in relation to the canons of taxation. The findings of the review were conflicting. While certain aspects, motives, and possible outcomes of the taxes upheld the principles of taxation, some of these were conflicting with the principles. This could possibly be linked to variations in the economic, political, and social contexts in African countries and between developed and developing countries. The study recommends that while digital service taxes are an irrefutable necessity to tap tax revenues from the digital economy, African countries should ensure that equity, neutrality, economy, and efficiency among other principles are considered and balanced with the fundamental roles of tax policy. Full article

(This article belongs to the Special Issue 10th Anniversary of Laws — Feature Papers)

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20 pages, 439 KiB

Open AccessArticle

Reforming the Law on Consent to Medical Treatment for Trans Youth: A Renewed Call for Legislative Intervention

by Steph Jowett, Georgina Dimopoulos and Fiona Kelly

Laws 2022, 11(4), 56; https://doi.org/10.3390/laws11040056 - 14 Jul 2022

Cited by 4 | Viewed by 5459

Abstract

Australian trans youth seeking medical treatment for gender dysphoria can encounter significant legal barriers to healthcare. Legal requirements for obtaining valid consent to gender-affirming care, first established in 2004, mean that an application to the Family Court is required in many cases before [...] Read more.

Australian trans youth seeking medical treatment for gender dysphoria can encounter significant legal barriers to healthcare. Legal requirements for obtaining valid consent to gender-affirming care, first established in 2004, mean that an application to the Family Court is required in many cases before treatment can be provided. The development of Australian law concerning consent for the medical treatment of trans youth has been slow, haphazard, and remains incomplete. The Family Court process has been found to be damaging to trans youth and their families. There is widespread agreement that the law needs reform, even more so since the 2020 decision in Re: Imogen. This article explores the implications of the decision in Re: Imogen for trans youth and their families and raises possible models for reform. It starts by providing the background to Re: Imogen and explaining the current legal position. It then explores why the law needs to be reformed, highlighting the inconsistent approach to competency in Australian law and the harm the current law does to trans youth. Building on critiques of the law in this area, it reviews various options for law reform and suggests an optimal model. Full article

(This article belongs to the Special Issue Law and Children’s Decision-Making)

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15 pages, 285 KiB

Open AccessArticle

Indigenous Peoples and International Law in the Ecuadorian Amazon

by Linda Etchart

Laws 2022, 11(4), 55; https://doi.org/10.3390/laws11040055 - 6 Jul 2022

Cited by 5 | Viewed by 6652

Abstract

The adoption and ratification of new conventions and treaties under international law designed to protect both Indigenous peoples and the rights of nature have resulted in successful rulings by local, federal, and regional courts in favor of Indigenous groups engaged in class-action suits [...] Read more.

The adoption and ratification of new conventions and treaties under international law designed to protect both Indigenous peoples and the rights of nature have resulted in successful rulings by local, federal, and regional courts in favor of Indigenous groups engaged in class-action suits against their governments. In 2012 and 2019, respectively, the Sarayaku Kichwa and the Huaorani and Cofán peoples of the Ecuadorian Amazon won cases against the Ecuadorian government for its lack of consultation on planned oil exploration. Such cases upholding the correct application of the right to Free, Prior, and Informed Consent (FPIC) under international treaties are rare; more often, Western judicial systems and environmental impact assessments have been used to serve corporate interests, as exemplified by the Aguinda v. Texaco case initiated in 1993 and the planned operations of Andes Petroleum in Orellana province 2019–2020, respectively. Indigenous and non-Western epistemologies tend to be incompatible with state-driven liberal secular capitalism—hence Indigenous efforts to prevent land seizures and the expansion of the extractive frontier into Indigenous territories in the Amazon rainforest have been undermined by the imperatives of modernization/developmentalism. These same forces have stimulated demand for gold, the legal and illegal mining of which, along the Napo river, have caused the contamination of the waters of the Amazon, threatening the health of Indigenous and non-indigenous riverine communities. Full article

(This article belongs to the Special Issue Promoting and Protecting the Rights of Indigenous Peoples: Challenges and Opportunities)

25 pages, 2989 KiB

Open AccessReview

Electronic Surveillance in Court Proceedings and in the Execution of Criminal Penalties: Legislative and Logistical Steps Regarding Operationalising the Electronic Monitoring Information System (EMIS) in Romania

by Ionel Bostan

Laws 2022, 11(4), 54; https://doi.org/10.3390/laws11040054 - 4 Jul 2022

Cited by 1 | Viewed by 3247

Abstract

The latest innovations in the field of electronics and telecommunications have revolutionised and brought new dimensions to human activities. As well as in other sectors, we observe that a wide range of electronic means have also shown their utility in criminal justice. Undergoing [...] Read more.

The latest innovations in the field of electronics and telecommunications have revolutionised and brought new dimensions to human activities. As well as in other sectors, we observe that a wide range of electronic means have also shown their utility in criminal justice. Undergoing continuous development, these means ensure efficient monitoring of subjects and contribute to higher efficiency of judiciary systems, and provide “more humane” conditions compared with traditional incarceration for offenders when they execute criminal penalties. In this context, this study discussed the main challenges faced by Romania in implementing electronic monitoring (EM) devices in court proceedings and in the execution of criminal penalties. These have been researched from different perspectives, including those related to the current legal framework, opportunities provided by today’s developments in electronics, and in terms of financial public resources allocated for such purposes. Our study is among the few articles published on this topic and it brings to light both the advantages of introducing the Electronic Monitoring Information System (EMIS) in Romania, as well as the limitations, and overviews the international experience in this area by assessing the measures that have been taken so far worldwide to implement EMIS effectively. The final part of the paper presents the study conclusions, its limitations, and future lines of research. Full article

(This article belongs to the Section Criminal Justice Issues)

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19 pages, 296 KiB

Open AccessArticle

Don’t Read the Comments: Examining Social Media Discourse on Trans Athletes

by Zein Murib

Laws 2022, 11(4), 53; https://doi.org/10.3390/laws11040053 - 1 Jul 2022

Cited by 7 | Viewed by 6793

Abstract

How are transgender athletes understood in popular discourse? This paper adapts and merges Glaser and Strauss’ 1967 Grounded Theory Method with computerized Automated Text Analysis to provide clarity on large-n datasets comprised of social media posts made about transgender athletes. After outlining the [...] Read more.

How are transgender athletes understood in popular discourse? This paper adapts and merges Glaser and Strauss’ 1967 Grounded Theory Method with computerized Automated Text Analysis to provide clarity on large-n datasets comprised of social media posts made about transgender athletes. After outlining the procedures of this new approach to social media data, I present findings from a study conducted on comments made in response to YouTube videos reporting transgender athletes. A total of 60,000 comments made on three YouTube videos were scraped for the analysis, which proceeded in two steps. The first was an iterative, grounded analysis of the top 500 “liked” comments to gain insight into the trends that emerged. Automated Text Analysis was then used to explore latent connections amongst the 60,000 comments. This descriptive analysis of thousands of datapoints revealed three dominant ways that people talk about transgender athletes: an attachment to biology as determinative of athletic abilities, a racialized understanding of who constitutes a proper “girl”, and perceptions of sex-segregated sports as the sole way to ensure fairness in athletic opportunities. The paper concludes by drawing out the implications of this research for how scholars understand the obstacles facing transgender political mobilizations, presents strategies for addressing these roadblocks, and underscores the importance of descriptive studies of discourse in political science research concerned with marginalization and inequality. Full article

(This article belongs to the Special Issue The Body Politic: Women’s Bodies and Political Conflict)

21 pages, 344 KiB

Open AccessArticle

GCM Objective 13: In Search of Synergies with the UN Human Rights Regime to Foster the Rule of Law in the Area of Immigration Detention

by Izabella Majcher

Laws 2022, 11(4), 52; https://doi.org/10.3390/laws11040052 - 23 Jun 2022

Cited by 5 | Viewed by 3066

Abstract

Reflecting the focus of this Special Issue on “Rule of Law and Human Mobility in the Age of the Global Compacts,” this article contributes to the discussion on the threats to the rule of law posed by immigration detention through the lens of [...] Read more.

Reflecting the focus of this Special Issue on “Rule of Law and Human Mobility in the Age of the Global Compacts,” this article contributes to the discussion on the threats to the rule of law posed by immigration detention through the lens of the Global Compact for Safe, Orderly and Regular Migration (GCM). In GCM’s Objective 13, states committed to use immigration detention only as a measure of last resort, work towards alternatives and draw from eight sets of actions to realise this commitment. Given the attention the GCM attracts, its nonbinding character and the voluntary nature of its review can be used by states as justification for their inadequate implementation of binding human rights obligations and insufficient reporting on implementation to the supervising bodies. While acknowledging these challenges to the rule of law, this article explores the ways the GCM can actually foster the rule of law in the area of immigration detention. To strengthen the rule of law principles of legality, legal certainty, prohibition of arbitrariness, access to justice and the right to an effective remedy, Objective 13 needs to support a binding human rights regime by preventing arbitrary detention and its implementation at the domestic level. The article discusses the interplay between Objective 13 on the one hand, and, on the other, the International Covenant on Civil and Political Rights, International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and Convention on the Rights of the Child at three levels—the detention provisions, the support provided to states for the implementation of these provisions and the monitoring of states’ implementation—and it proposes means to strengthen the synergies between the two frameworks. Full article

(This article belongs to the Special Issue Rule of Law and Human Mobility in the Age of the Global Compacts)

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Laws, Volume 11, Issue 4 (August 2022) – 13 articles

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