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Between 2002 and 2023 all Australian jurisdictions decriminalised abortion. This involved removing the regulation of abortion from criminal law and replacing it with standalone Acts or sections situated within health law. New health law regulations range from minimal in the ACT, the first to decriminalise, to complex, especially in NSW and SA where anti-abortion amendments delivered requirements such as counselling and prohibitions on sex-selective abortion. In all jurisdictions, the removal of abortion from criminal law was incomplete as new offences were introduced to penalise 'unqualified' people who perform or assist in the performance of an abortion. The South Australian Law Reform Institute referred to this new criminal law as a 'residual offence'. The residual offence exemplifies how decriminalising Acts continue to exceptionalise abortion. [ABSTRACT FROM AUTHOR]

Copyright of Nachhaltigkeitsrecht is the property of Verlag Oesterreich GmbH and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The Russia–Ukraine conflict has grabbed the world's attention as a grave breach of a state's sovereignty. Among the several implications of the conflict, it has opened a Pandora's box with counsel and law firms resigning from representing Russia and Russian entities in international legal proceedings including arbitrations. Counsel resignation, once completely within the decision-making of clients and counsel, has grown into an issue that requires third-party deliberations and adjudication. Though trite in law that a counsel and a client have mutual rights to end professional ties between each other, a counsel's voluntary resignation in arbitration remains unexplored. This necessitates a global discussion as it directly encroaches upon the fundamental rule of law that every person has the right to be represented and defended. Thus, counsel resignation has been elevated to a moral quandary of professional obligations. The aim of this article is to draw a broad outline of the present legal position on counsel resignations, the conundrums surrounding it, and the scope of an arbitral tribunal's jurisdiction to interfere in these matters. [ABSTRACT FROM AUTHOR]

Since the implementation of the UNCITRAL Model Law on International Commercial Arbitration in 1985, its jurisprudence has been developed in a broad array of aspects amongst which is the distinction between jurisdiction and admissibility. It has been said that the distinction is a useful tool in adjudicating the issue of whether an arbitral award should be set aside by a domestic court—but is it necessarily so? In C v D (2023) 26 HKCFAR 216, the Hong Kong Court of Final Appeal had the opportunity to revisit the usefulness of the distinction. Given that the Court was divided on the issue, C v D not only provides two lines of thought for the international arbitration community to reflect on the distinction between jurisdiction and admissibility but also provides a reference for Model Law jurisdictions in deciding future cases. [ABSTRACT FROM AUTHOR]

Copyright of Environmental & Social Management Journal / Revista de Gestão Social e Ambiental is the property of Environmental & Social Management Journal and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Attorney-client privilege has been widely considered as an underlying principle in disputresolution processes. It generally insulates the information exchanged between the counsel and client from compulsory disclosure before third-party adjudicators in litigation/arbitration proceedings, which also applies in international arbitration. However, in practice, complexity arises from the straightforward rule, i.e., the cherrypicking (or "collateral waiver") of privilege, where the parties choose to disclose part of the privileged information while keeping the others under wrap. Such practice has been seen across various jurisdictions. As there is no standard rule of privilege in international arbitration, the specific deployment of attorney-client is highly contingent on the legal principle applicable. On the general legal landscape of attorney-client privilege in international settings, this article will focus on the comparative study of the rule of "cherry-picking" principle in England, Singapore, and Hong Kong in apprehending their respective practical attitude and explore their practical implication in international arbitration. [ABSTRACT FROM AUTHOR]

Copyright of Revista de Derecho de la Seguridad Social, Laborum is the property of Ediciones Laborum S.L. and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Europarecht (05312485) is the property of Nomos Verlagsgesellschaft mbH & Co. KG and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The search for rare minerals is taking us well beyond the bounds of national jurisdiction, and international law is struggling to keep up. In the 1970s states agreed that the deep seabed beyond national jurisdiction was the “common heritage of mankind,” a doctrine that was ultimately codified in the United Nations Convention on the Law of the Sea. The common heritage doctrine has, from the outset, been something of a chimera. And fears over its association with redistributive economic policies led to the failure of an agreement regulating activities on the moon. Yet the doctrine exists as a going concern in international law. Deep seabed mining is on track to begin in 2024. The United Nations is presently considering international rules for asteroid and lunar mining. And efforts to protect marine biodiversity continue to rely on the idea that certain resources are our common heritage. If states are to deal productively with any of these issues, we need a revitalized approach to the common heritage doctrine. Instead of embodying a static set of legal precepts, I argue for a flexible understanding of the common heritage doctrine rooted in theories of commons property that is sensitive to the peculiarities of specific natural resources. A fruitful exemplar of such an approach is the public trust doctrine of U.S. property law. Sharing with the common heritage doctrine a common foundation in Roman principles of common property, the public trust doctrine recognizes that governments hold certain natural resources in trust for the beneficial use of their citizens. By imposing this duty, and by limiting the purposes for which governments can use these resources, the public trust doctrine is a prototypical example of property as a set of governance rules. Drawing on the public trust doctrine’s rich common law and scholarly history, I propose a four-part framework for a public trust approach to the common heritage doctrine. To demonstrate the opportunities made available by this approach, I take outer space mining as a case study and I propose steps that states can take to incrementally govern resource extraction in a manner more likely to attract international consensus. [ABSTRACT FROM AUTHOR]

Copyright of Nuova Rivista Storica is the property of Societa Editrice Dante Alighieri s.r.l. and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Researchers studying local governance, especially alternative service delivery arrangements, have long relied on the ICMA ASD survey to examine the scope and nature of service provision and production at the local level. Building upon Lamothe et al. (Public Administration Review, 2018, 78: 613) findings that raise questions concerning the accuracy of the ASD survey and resulting misconceptions about service provision, this paper refines how provision can be conceptualized and measured to promote a better understanding of local governance. Utilizing a unique survey design that incorporates, but also extends the ASD format, we demonstrate that service provision is multifaceted, and jurisdictions participate in varying degrees of provision activities based on the sector of the producing entity. Our findings highlight the importance of properly accounting for provision activities and call into question the efficacy of the conventional contracting framework as the primary theoretical underpinning of most studies of local service delivery arrangements. [ABSTRACT FROM AUTHOR]

Existing research on technologies-in-use has overlooked how contemporary technology developers interact with users to shape the effects of workplace technologies, and what role power plays in these interactions. In this qualitative study of a digital manufacturing monitoring technology, I examine how third-party developers pursued ongoing acceptance from high-powered manufacturing managers while attempting to incorporate the interests of low-powered manufacturing workers across their client base. I develop a two-stage model that depicts the underlying sources of divergent user preferences and the practices that developers used to navigate these differences. First, in response to cross-occupational differences between managers and workers within client firms, developers used alignment moves to pursue interest alignment while encoding workers' preferences into design prototypes. Next, when facing cross-firm differences due to pushback by managers in some contexts, developers used buffering moves to limit the influence of these managers and release the new features. As a complement to examining local variation in use, I suggest that future research on workplace technologies should focus on developers' capacity to disrupt managerial control across different clients and user groups. Because they enact jurisdiction over ongoing design and development, developers are an important professional group to consider in contemporary technology ecosystems. [ABSTRACT FROM AUTHOR]

In this multipart article, attorneys from Reed Smith explain how parties to an arbitration can avoid a "Pyrrhic victory"--in other words, an arbitral award won, but not paid--in various jurisdictions around the globe. The first part, published in the July-August 2024 issue of Dispute Resolution Journal, covered the United States and France. This part covers the rules in Hong Kong and the United Arab Emirates. The United Kingdom, Singapore, and Latin America will be covered next. [ABSTRACT FROM AUTHOR]

In this article, the authors examine claims under mandatory law and describe how they are treated in jurisdictions other than where they arise. They then analyze the effect of choice-of-law provisions on mandatory law. Finally, the authors explore how mandatory law may be treated by arbitrators. [ABSTRACT FROM AUTHOR]

As the population increases, spending on publicly provided goods must also increase if there is congestion and governments want to maintain provision of the same level of benefit to everyone. This article estimates a parameter capturing this impact of congestion for the state and local component of the general government sector in Australia. It shows the congestion parameter is likely to be between 0.51 and 0.84 implying super congestion and/or decreasing returns to scale have dominated the supply of these goods. The per person cost of congestion has been rising and differs across states. Larger jurisdictions also have relatively higher per person congestion costs. [ABSTRACT FROM AUTHOR]

The National Comprehensive Cancer Control Program, a Centers for Disease Control and Prevention funded program, supports cancer coalitions across the United States (US) in efforts to prevent and control cancer including development of comprehensive cancer control (CCC) plans. CCC plans often focus health equity within their priorities, but it is unclear to what extent lesbian, gay, bisexual, transgender, queer/questioning, plus (LGBTQ+) populations are considered in CCC plans. We qualitatively examined to what extent LGBTQ+ populations were referenced in 64 U.S. state, jurisdiction, tribes, and tribal organization CCC plans. A total of 55% of CCC plans mentioned LGBTQ+ populations, however, only one in three CCC plans mentioned any kind of LGBTQ+ inequity or LGBTQ+ specific recommendations. Even fewer plans included mention of LGBTQ+ specific resources, organizations, or citations. At the same time almost three fourths of plans conflated sex and gender throughout their CCC plans. The findings of this study highlight the lack of prioritization of LGBTQ+ populations in CCC plans broadly while highlighting exemplar plans that can serve as a roadmap to more inclusive future CCC plans. Comprehensive cancer control plans can serve as a key policy and advocacy structure to promote a focus on LGBTQ+ cancer prevention and control. [ABSTRACT FROM AUTHOR]

Purpose: This paper aims to analyse the Financial Intelligence Units (FIUs) of Canada, Australia, The Netherlands and India, focussing on key internal and external processes, such as the exchange of information, operations and compliance with Financial Action Task Force (FATF) recommendations. The paper relies on secondary sources to compare and assess the practices and strategies employed by FIUs within these jurisdictions. Design/methodology/approach: The paper relies on secondary sources to compare and assess the practices and strategies used by FIUs within these jurisdictions. Findings: The ability to combat money laundering and the financing of terrorism (AML/CFT) in countries is influenced by several internal and external factors, including the efficiency of their FIUs' and compliance with FATF recommendations. The analysis of FIUs across the countries demonstrates a raft of multifaceted challenges and concerns. Yet, when it comes to compliance with FATF's recommendations, shared concerns emerge, hinting at the complex interplay between country-specific operations and global compliance standards. The paper recommends enhancements to the FIUs' operational efficiency and overall effectiveness in combating financial crimes. Research limitations/implications: The paper's findings are limited to openly available data (such as annual reports and internet sources) for the respective countries. The paper relies on the transparency of FIUs through public media, focusing on comparing and analysing the FIUs of only four specific countries, which limits the generalisations of the findings. Practical implications: This paper is significant for policymakers and FIU authorities, as they strive to improve the effectiveness of their units and assess their performance in alignment with international standards. The comparative analysis of the FIUs of India, Australia, Canada and The Netherlands provides valuable insights and recommendations that can inform policymakers and operational strategies towards enhancing how FIUs function globally. Originality/value: This paper offers a unique comparative analysis of the FIUs of India, Australia, Canada and The Netherlands. Its findings have practical implications for policymakers and FIU authorities towards enhancing performance against international AML/CFT standards and promoting global cooperation. [ABSTRACT FROM AUTHOR]

Despite limited progress within international institutions, the need for articulating a regulatory framework for cyber operations in outer space is becoming a pressing concern. One precondition for regulation is to share cybersecurity and outer-space common terminology that can inform the negotiation of standards, policies and laws. While the UN Institute for Disarmament Research has recently issued a baseline policy glossary, binding technical definitions are missing, and the lack of a binding international cybersecurity regime adds to the obsolescence of a binding outer-space regime tracing back to half a century ago. As the IEEE SA embarks on the drafting of the first-ever technical standard for cybersecure-by- design outer-space missions, scoping and conceptual challenges abound. Technical standards are US-centred, non-binding, engineering-intensive exercises, where lawyers and Asian jurisdictions are only marginally involved; nevertheless, as China's framework for cybersecurity is refined and its involvement in outer-space policing deepens, its disengagement from Western-driven standard-setting bodies appears unsustainable. Drawing on the specific challenge of defining what makes a cyber system 'mission-critical', I expose the necessity to examine how domestic cybersecurity laws from a diverse range of States identify 'critical' information infrastructure. Generalising therefrom, I advocate a jurisdictionally inclusive process that combines American supremacy in technical standard-setting for outer-space missions with Chinese normative contributions to cybersecurity regulation, including on data localisation and mandatory multilevel cyber-hygiene requirements. I further argue that involving legal experts from a diverse range of jurisdictions and sociolegal cultures may enhance the global reception of standardisation outputs, thus securing higher degrees of voluntary compliance therewith. This could foster cooperation and promote regional and global satellite cybersecurity. [ABSTRACT FROM AUTHOR]

Urban governance theories frequently overlook policing, despite current controversies surrounding police. To help fill this gap, I investigate how urban governance institutions may influence police work. My intervention centers around the crucial point that "the police" are a diverse multiplicity of agencies, whereas previous studies on the relationship between urban governance institutions and police institutions focus on one or two agencies, usually municipal police. I direct attention to the diversity of police in central Atlanta: 11 fully sworn agencies, two private security forces employed by community improvement districts, and the common regulatory practices that are fundamentally police though not commonly discussed as such in urban studies. I use frameworks from Law & Society research on jurisdiction to analyze data from roughly one year of fieldwork on three commonly studied urban governance institutions: neighborhood planning units, community improvement districts, and university-led "anchor institution" development partnerships. I show how these agencies coordinate the public and police(s), convene diverse police elites, or foster the expectation of police caretaking. Governance institutions provide legitimate forums for police communications. This activity helps the complicated and contradictory multiplicity of police seem coherent and obscures policing's violent contradictions, ultimately helping define the bounds of a community. [ABSTRACT FROM AUTHOR]

This article addresses the criminal-legal characteristics of the location of cybercrimes – offenses committed using electronic or information and telecommunications networks, including the Internet. The concept of the crime’s location in criminal and criminal procedural law is examined, including possible approaches to defining a unified concept of location, which is associated with specific legal consequences in criminal and criminal procedural law: sector-specific (focused on issues within a specific field) and cross-sectoral (aiming for a universal definition applicable across fields). It is noted that all approaches require defining the crime’s location based on legal fiction. This means the crime’s location is formally tied to the territorial localization of one of the crime’s elements (usually the place of action and/or the place of social harm). Based on the explanations provided by the Plenum of the Supreme Court of the Russian Federation and current judicial practice, it is concluded that both criminal and procedural law regard the crime’s location as determined by the time of its commission (as per Article 9, Part 2, of the Criminal Code of the Russian Federation). Therefore, the location of a crime is considered to be where the socially dangerous action (or inaction) occurred, regardless of where the consequences took place. The article also analyzes issues surrounding the determination of cybercrime locations, considering the complex design of their objective aspects. The location of a single cybercrime involving several illegal actions, separated in both time and space, should be considered the location of each action. Procedurally, such a crime is regarded as “initiated in one place and completed in another”, which affects jurisdiction based on the “place of completion” (interpreted in procedural, rather than criminal, terms). This is typically the place where the final act that constitutes part of the crime occurred (per Article 32, Part 2, and Article 152, Part 2, of the Criminal Procedure Code of the Russian Federation).

The article examines the topical issues of doctrine and international judicial practice regarding the determination of the State's responsibility for international wrongful acts, in particular, those related to the activities of foreign non-State armed groups. The authors analyse the international legal framework of State responsibility for international wrongful acts, as well as individual criminal liability of individuals. The paper substantiates a set of economic and legal instruments for the implementation of international responsibility (reparations, satisfaction, restitution, economic sanctions) as a mechanism for ensuring compliance with international law by States. The study identifies the legal positions of the International Court of Justice, the International Criminal Court, the International Criminal Tribunal for the former Yugoslavia, the European Court of Human Rights and other international judicial institutions on the application of the concepts of "effective control" and "overall control" in judicial practice, as well as problematic issues of law enforcement.

The purpose of the article is to identify the peculiarities of combating collaborationism in the context of armed conflicts and to highlight the main areas for improving criminological policy in this area. It is established that collaborationism, in a broad sense, is a complex criminal phenomenon that arises as a result of the interaction of subjects of the communication process (individuals, certain organisations) or voluntary or forced cooperation with the aggressor. In a narrow sense, it is an act, the characteristics of which are defined, in particular, in Art. 111-1 of the Criminal Code of Ukraine and which undermine the national security of Ukraine, pose a direct threat to the state sovereignty, territorial integrity, constitutional order and other national interests of Ukraine, and/or constitute conscious, voluntary and deliberate cooperation with the enemy in its interests and/or to the detriment of the state and its allies in the form of public denial by a citizen of Ukraine of armed aggression against Ukraine, establishment and confirmation of the temporary occupation of a part of the territory of Ukraine, or public calls by a citizen of Ukraine to support the decisions and/or actions of the aggressor state, armed formations and/or occupation administration of the aggressor state, to cooperate with the aggressor state, armed formations and/or occupation administration of the aggressor state, not to recognise the extension of the state sovereignty of Ukraine to the temporarily occupied territories of Ukraine. It is emphasised that with the entry into force of the Laws of Ukraine "On Criminalisation of Collaboration" and "On Amendments to the Criminal Code and the Code of Criminal Procedure of Ukraine to Improve Liability for Collaboration and Peculiarities of Application of Preventive Measures for Crimes Against the Fundamentals of National and Public Security" (2022), Ukraine has generally created a legal framework for preventing collaboration in the state. Results. The analysis has revealed the existence of problematic issues in countering collaboration in the current context of the armed conflict in Ukraine and allowed to propose ways of solving them, in particular the need to amend the sanctions of the Criminal Code to classify collaboration as a serious crime, since according to the Criminal Procedure Code the vast majority of covert investigative actions are carried out exclusively in criminal proceedings for serious or particularly serious crimes. These amendments will make it possible to properly document the criminal actions of "collaborators" and to significantly expand the legal scope of evidence collection in these crimes to include not only educational, but also cultural, athletic and sports institutions in the scope of collaboration, which will make it possible to investigate the dissemination of information in educational, cultural, sports and physical culture institutions aimed at distorting facts, historical culture and/or events, as such assimilation of Ukrainian children may lead to the loss of their national identity. It is expedient to change the construction of the provision, which is in line with the principle of legal certainty, and define the prohibited types of legal activities. Such a list is also provided for in the Law of Ukraine "On Ensuring Civil Rights and Freedoms, and the Legal Regime on the Temporarily Occupied Territory of Ukraine" (2014); Article 111-1 of the Criminal Code of Ukraine provides for alternative jurisdiction for pre-trial investigation of a criminal offence. In particular, in criminal proceedings on collaboration, the pre-trial investigation is carried out by the investigator of the body that initiated the investigation.

This article examines the jurisdictional status of the internet. Because of the underly ing nature of technology, nations cannot effectively monitor online transactions that originate or conclude within their borders. Governments can seek to enforce their laws within the constraints of their physical, geographical, and political domains as defined by an atlas, but a borderless cyberworld regulated by fast -expanding technology has a variety of challenges. This study sheds light on those challenges, the jurisdiction for parties to suit, the remedies accessible to them, and the territorial concerns discussed in various domestic courts. It also focuses on the pressures on stakeholders to act, as well as the economic, human rights, and techno logical infrastructure implications of jurisdictional concerns. In general, jurisdictional issues on the internet have resulted in haphazard and unrestricted jurisdictional implementations, and this article emphasizes the territorial difficulties of internet administration and its direct influence on many nations and elements.

The Hague Conference on Private International Law (hereinafter - "Conference") has played a pivotal role in the development and unification of jurisdictional rules in private international law. This paper examines the outcomes of the Conference various conventions, focusing on their impact on harmonizing jurisdictional frameworks among member states. By analyzing key conventions, such as the 1965 Hague Convention on Service Abroad of Judicial and Extrajudicial Documents, the 1970 Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters, and the 2005 Hague Convention on Choice of Court Agreements, this research highlights how these instruments address conflicts of laws and jurisdictional disputes in cross-border cases. The paper further explores the challenges faced in implementing these conventions, including differing national interpretations and the influence of domestic legal systems on international agreements. Through comparative analysis, it evaluates the effectiveness of these conventions in reducing forum shopping and ensuring more predictable outcomes for parties involved in international disputes. Moreover, this study reflects on the future prospects for further unification of jurisdiction rules, considering emerging trends such as globalization, digitalization, and the increasing complexity of cross-border legal issues. The research aims to contribute to the discourse on private international law by providing insights into the Conference achievements and identifying areas where further efforts are needed to enhance the coherence and effectiveness of jurisdictional rules. Ultimately, the findings underscore the significance of international cooperation in resolving jurisdictional challenges and advancing the uniform application of private international law principles. The success of the Hague Conference, however, hinges not only on the adoption of conventions but also on the degree to which states integrate these instruments into their domestic legal frameworks. Inconsistencies in ratification and divergent national practices often dilute the intended harmonization, creating gaps in enforcement and legal uncertainty. Some major economies have yet to ratify key conventions, limiting their global reach and diminishing the benefits of predictability and uniformity. These obstacles highlight the need for stronger mechanisms to monitor and encourage compliance, along with the development of flexible frameworks that can accommodate diverse legal traditions while still promoting convergence. Enhanced dialogue among member states and targeted technical assistance could foster broader participation, ensuring that the potential of the Conference's conventions is fully realized. [ABSTRACT FROM AUTHOR]

Breadth and depth of curriculum are important for success in science teaching and learning. Curriculum theorists recommend less breadth and more depth than overloaded, superficial science curricula. This study investigates breadth and depth in the official biology syllabi in the seventh to eighth or ninth years in four diverse jurisdictions, Kenya, South Africa, British Columbia (Canada) and Singapore. Breadth was the number of generic topics included in each syllabus. Depth comprised focus, meaning the proportion of statements devoted to each topic, and demand, meaning the complexity and abstractness of each topic. High-performing jurisdictions, British Columbia and Singapore, have contrasting profiles of breadth and depth, with British Columbia having low breadth, high focus and high demand, while Singapore has high breadth, low focus and lower demand than British Columbia. Low-performing South Africa has high breadth, some focus but lower demand than the high-performing jurisdictions. Kenya has low breadth, high focus, but low demand. Breadth, focus and demand are independent parameters of biology syllabus. High-performing jurisdictions have higher demand but not focus nor breadth than South Africa and Kenya. The British Columbia syllabus best fits the appeal for less breadth and more depth. [ABSTRACT FROM AUTHOR]

The first part of this paper examined the background to and conduct of a case called Symons v Morgan before the Supreme Court of Van Diemen's Land. Symons appears to be the first case in which a colonial court asserted jurisdiction to invalidate a colonial 'statute' on the basis that the legislation concerned contravened the colony's constitution. The Supreme Court claimed the jurisdiction as a matter of inference. There was no imperial or colonial legislation expressly granting such a power, nor any judicial authority – whether colonial or imperial in origin – supporting the Supreme Court's conclusion. The second part of this paper analyses the responses of the colonial government to the Symons judgment, and consequently the responses of the imperial government and Parliament to those colonial initiatives. The actions of the imperial government and Parliament show acceptance of the principle that colonial courts could review the validity of colonial legislation. [ABSTRACT FROM AUTHOR]