EDITORIAL
BIOETHICS
The paper examines the problem of the binary nature of bioethics as both a field of scientific research and a social institution designed to deal with administrative and legal regulation of medical and research activities in the field of biomedical technologies. Regarding the epistemic capacity of bioethics, the author defines its relationship with both philosophical concepts and the latest advances in the life sciences, anthropology, and sociology. This relationship is not just a theory, but can be applied to biomedical technologies. When considering the institutional status of bioethics, the author focuses on the difference in bioethical traditions formed in North and South America, Europe and Asia under the influence of administrative, legal, economic, philosophical and cultural factors. The paper discusses arguments of two main approaches to the formation of principles and norms of bioethics, one of which can be called universalist and globalist, and the second — civilizational-pluralistic. The author considers the main function of bioethics, the organization of ethical expertise to authorize problematic solutions included in research programs, projects of technological and pharmacological innovations, and medical practices. The author discusses validity of the proposal to define ethical expertise as a type of humanitarian expertise, as well as alternative points of view.
DOMESTIC AFFAIRS
Globalisation and liberalisation have enabled the promotion of the working force, leading to an increase in migrant labourers due to social, economic, and political factors responsible for the displacement from rural to urban areas within India and outside India. The author focuses on the jurisprudence and case law favouring the interests of labour, human dignity and social security, constitutional imperatives ensuring the human rights of migrant workers and the obligations of the State, social security legislation and the labour law curbing the exploitation of migrant labourers at national and international levels. The author examines the work of the International Labour Organisation (ILO) and UN specialised agencies regarding protection of migrant labour from exploitation, which have been brought in various covenants, conventions and instruments to uphold human rights of migrant labour and social security. Emerging trends in labour regulation have also been covered. The issues and perspectives of the condition and demography of the migrant labour prove that migrant labour are still not free from the exploitation and ill-treatment and deprived of socially beneficial measures, namely, minimum wages, allowances for disabilities, unemployment, etc. The paper focuses on the recent trends that emerged due to the spread of Coronavirus disease and lockdown along with the judicial response and a critical appraisal of the new Labour Code.
The paper is devoted to the identification and exploration of the legal regime of unmanned vehicles as objects of civil rights. The purpose of the study is to develop an adequate mechanism for the legal regulation of relations using innovative digital technologies (unmanned vehicles) in the transport industry. To achieve this goal, the following tasks were set: 1) to analyze the provisions of the current legislation regulating relations regarding the use of unmanned vehicles; 2) to determine the features of the civil law regime of unmanned vehicles as an object of civil rights; 3) to identify the conditions of liability for damages caused by using unmanned vehicles. The main issue with identification of unmanned vehicles as objects of civil rights is the broadness and vagueness of the terms used in the legislation, including the questionable term vehicle. The category of unmanned vehicles is not precisely defined and might or might not include not only unmanned transport, but also such objects as drones, wheeled robots, etc. The study proposes new regulation with identification of its scope and clear principles for the discernment of unmanned vehicles as means of transportation. For the development of new regulation, the issue of liability is especially critical. The study shows how the inclusion of strict liability, risk-balancing, and other mechanism of liability allocation can influence the norms, and how governing bodies in different countries apply strategies that include the legislative methods, self-regulation, and the usage of existing liability models.
This article outlines the regulatory landscape surrounding the participation of global technological companies in the Russian social network market. These companies include Alphabet (Google), Meta/ Facebook,1 X (former Twitter),2 Apple, Microsoft and Amazon. However, this article primarily concentrates on those that provide computing social network services, i.e., Google, Meta/Facebook and X/Twitter. The author considers a number of topics. Firstly, the Russian law requirements on the mandatory physical presence of foreign companies which provide social networking services in Russia. Secondly, the issues surrounding the storage of personal data in a foreign database or cloud, particularly retention obligation and the cross-border transfer of personal data. Thirdly, obligations for Internet providers with regard to the blocking or deletion of information that violates Russian law. There are many obstacles for Big Tech companies to work in the Russian networking market, including lack of general regulation of these services, information security requirements, restrictions contained in Personal Data Law and Information Law. An analysis of the European and Russian regulation shows that both legal systems contain similar obligations. Furthermore, if relations between EU and Russia were better, it would be beneficial to accept EU rules (such as the Digital Services Act (DSA)) as binding. This could be done by concluding an international agreement that would extend the sphere of application of some of the DSA rules, which are in the mutual interest of both parties. However, in the current political situation this goal is difficult to achieve.
The high demand of contemporary society for digital technologies application in legal proceedings is evidenced in legal practice. Advancements in technologies enabling remote participation in court proceedings and interaction of trial participants with the court have ensured procedural efficiency at all stages of case hearings. The article delves into the information technologies currently utilized in Russian arbitrazh courts, as well as potential pathways for further development of digitization. This study also examines the experiences of foreign countries and the extent of integration of digital technologies into legal proceedings. The article provides an overview of the information technologies utilized at various stages of judicial proceedings in Russian courts, starting from filing a claim in court, then during its substantive consideration by the court, and concluding with the issuance of a judicial act. The author suggests digitizing a significant portion of the judicial process, including electronically filing lawsuits and processing documents, paying court fees and expert examination costs, as well as sending court notifications to the parties involved in the process. During court hearings, it is proposed to only maintain an electronic record of the court session (electronic secretary), as well as actively utilize electronic evidence. The article discusses further enhancement of automated decision-making technology (smart judicial decisions), with subsequent implementation of digital mechanisms for the enforcement of judicial acts. In conclusion, the author emphasizes the effectiveness of the existing convergence of legal and technological aspects, enabling transparency, openness, and impartiality in justice at the current stage of social development.
INTERNATIONAL AFFAIRS
On 25 September 2023, the landmark request for an advisory opinion addressing issues of State responsibility for the ongoing climate crisis took a new turn — oral hearings were concluded in the International Tribunal for the Law of the Sea (ITLOS). The article explores on what exactly rests the jurisdiction of the Tribunal, allowing it to issue the sought advisory opinion. The article outlines the main arguments, presented by the States parties to the United Nations Convention on the Law of the Sea (UNCLOS), which question the conclusiveness of ITLOS’s jurisdiction to some extent. The article reveals that despite a very debatable nature of the aforementioned advisory jurisdiction of the full Tribunal, it is highly probable that ITLOS will eventually formulate the sought opinion given that the subject matter of the case is quite resonant. The authors also argue on the potential influence the climaterelated advisory opinions of international judicial organs may have on the development of international law.
A major driver of global economic growth since the mid-1950s, investing activities have substantially bestowed to the development of the EU Member States, some of which, e.g., Luxembourg, have even risen to the top of the European economic pyramid. The year 2025 will mark the 40-year anniversary of the legal framework for collective investment funds, which prompts the researcher to turn to the roots of the system and assess the weaknesses and strengths of EU relevant legislation. The first stop of the journey is the Directive 85/611/ EEC, which allowed creating the UCITS sub-sector as a part of the single market for financial services. In fact, one can identify four key stages the European regulatory system related to collective investment has so far passed through. With every new stage, the fund industry got a big boost, and regular updates to the legal system resulted in 29 thousand UCITS funds holding more than € 8 trillion in assets in 2022. In recent decades, the regime for UCITS has been conducive to European economic success. This is the strong reason why the 40-year-long evolution of the system should be at the forefront of our attention.
HUMAN RIGHTS AND SUSTAINABLE DEVELOPMENT
This research investigates the political dimensions related to the implementation of top-down planning strategies for the development of extensive hydraulic infrastructure within the Euphrates-Tigris basin. Considering an increasingly severe water issues and a deficiency of collaboration among nations sharing transboundary river systems, the presence of dams and reservoirs has become a subject of contention due to conflicting interests in resource depletion and utilization. This analysis draws upon the theoretical perspectives of poststructuralism in the field of human geography, particularly focusing on the politics of scale, as well as the existing body of literature on megaprojects. The key argument put out in this study is that hydraulic infrastructures play a significant role, both physically and rhetorically, in shaping and sustaining waterscapes at various sizes, hence supporting wider political agendas. Utilizing ethnographic fieldwork as a primary source, this paper examines the narratives propagated via both non-state and state actors in relation to the construction of supplementary dams, with a specific emphasis on the autonomous territory of Iraqi Kurdistan. The Kurdistan Regional Government (KRG) perceives hydraulic infrastructure as a means of ensuring security and promoting wealth, aligning with the broader narrative of Kurdish fate. However, transnational civil society organizations have united to oppose the adverse consequences of large-scale projects and have campaigned for a shared framework in the Mesopotamian region. The hydraulic infrastructure, in every scenario, serves as a structural foundation for political endeavours aimed at securing the acknowledgment of rights and establishing the suitable extent of government. In addition, the implementation of bottom-up defence strategies is complemented by the advocacy for a participatory and inclusive attitude towards the shared water resources management. From this particular standpoint, the spatial politics of large-scale projects overlap with issues pertaining to identity, fairness, and sustainability.
The right to access information constitutes a fundamental entitlement for citizens across numerous jurisdictions worldwide. In Vietnam, the Law on Access to Information became effective on 1 July 2018. Despite certain inherent shortcomings both objectively and subjectively encountered during its implementation, Vietnamese citizens have begun utilizing this legal framework to solicit information. In instances where requests are denied, individuals have resorted to lodging complaints or initiating administrative lawsuits. As of 15 May 2023, Vietnamese courts have overseen four administrative cases directly linked to the right to access information. This study centers on these four administrative cases, scrutinizes Vietnamese regulatory statutes concerning information access, and suggests avenues for improvement to ensure the practical realization of the right to access information, which inherently embodies the protection of rights. Employing analytical legal research methodology, this paper analyzes pertinent legal provisions governing information access. Additionally, research methodology of case study are conducted, such as analyze and compare judgments pertaining to information denial in various selected countries and Vietnam. Ultimately, an analytical approach rooted in the Vietnamese legal theory and law is employed to draw conclusions and provide recommendations.
ISSN 2713-0533 (Online)