EDITORIAL
INTERNATIONAL CLIMATE CHANGE LAW
Climate change is an existential threat to humanity: scientific data shows that every year the average temperature on Earth is getting higher and higher. Within the framework of international law, a set of measures is being taken to mitigate and adapt to the effects of climate change. Given the comprehensive nature of climate change impacts on the environment, detailed legal measures are required in various areas of international cooperation. In this study the authors examined the complexities of legal regulation in two areas of climate change impacts: management of chemicals and waste, as well as preservation of biological diversity and genetic resources. The conducted study identified achievements and problems of international legal regulation in these areas and also showed that for the purposes of synergy of international treaties in the studied areas various decisions are made at periodic conferences of the parties to these international treaties.
PUBLIC HEALTH GOVERNANCE
The world has been plagued by pandemics earlier leading to the evolution of several mechanisms and institutional structures for controlling the spread of pandemics. Creation of the World Health Organization was a development emerging from the efforts to control the spread of diseases and it was charged with the mandate of governance of health at a global level. The spread of Covid-19, however, shows that the present structure of the governance of global health is ill-suited to the task. The paper discusses the present architecture of the global he alth governance. It discusses the impact of the concept of Westphalian sovereignty on this global health architecture and advances the suggestion that the global health governance architecture should be based on the principle of the duty to cooperate rather than atte mpts to modify the Westphalian sovereignty that forms the basis of international relations with the opt-out mode of ratification of treaties.
HUMAN RIGHTS, STATE REGULATION OF RELIGION, CRIME AND PUNISHMENT
Gender discrimination and misogyny targeting women in Afghanistan have deep historical roots, yet the Taliban’s imposition of systematic, organized, and violent oppression has exacerbated this issue significantly. This paper delves into the fundamental factors driving the Taliban’s discriminatory practices against Afghan women. Employing a mixed-method approach combining both doctrinal and non-doctrinal legal research, data for this study were gathered from written sources and 12 in-depth interviews conducted with religious scholars, Sharia law faculty members, law school professors, and women’s rights activists. Drawing from scholarly literature and interview insights, numerous factors underpin the Taliban’s oppression of women and promotion of misogyny. This paper specifically examines four primary causal factors: the influence of madrasas on societal norms and educational resources, the imposition of regressive edicts by Taliban leadership, cultural determinants shaping gender dynamics, and the disparities between urban and rural contexts.
Religious ministers are among the subjects implementing the constitutional right to freedom of religion. Their status is regulated both by the “internal law” of religious associations and by the norms of the constitutional law of a particular state, which determines the complexity of the study. The aim of this paper is to make a comparative study of the most significant legislative bases of the legal status of religious ministers in fifty-seven countries. The research will allow us to verify the hypothesis about the validity of singling out the subinstitution of religious ministers within the framework of the complex constitutional legal institution of freedom of religion. For the comparative analysis, the author uses five criteria that make it possible to consider the limits of the autonomy of religious organizations with regard to the appointment of their ministers and the guarantees of securing their status: the requirement of citizenship, the binding obligation to notify the authorities of their appointment, the maintenance of registers of ministers, the peculiarities of instituting criminal proceedings with regard to the interaction with religious associations and the restrictions on their activities. The author uses formal-dogmatic and functional methods together with the comparative legal method. Conclusions are drawn on the ways of consolidating certain aspects of the status of religious ministers in regulatory legal acts and, taking into account certain comparative criteria, the options of state regulation with the most restrictive effect are determined.
The aim of the paper is exploring the ethical foundations and approaches to crime and punishment relying on the close moral roots of criminal law. Our further aims are to prove value-based approach to the basic concepts of criminal law. Primarily we intend to apply legal theoretical methods to perceive the relationship between criminal law and morality. Our ethical approach is based on Christian ethics relying on Greek and Jewish foundations. We seek comparison of the ethical conceptual possibilities of crime and punishment and the basic concepts of criminal law. We find out that the term crime is not used in criminal law, but it builds on this fundamentally ethical concept. The indeterministic conception of criminal guilt as the basis of blameworthiness also appears in St. Augustine’s ethics, based on Greek and Jewish legal and ethical considerations. The social necessity and proportionality of punishment is based on the foundations of Christian social teaching. Some elements of the Restoration appearing in the modern criminal law approach reflect the values of the ethics of Christian punishment. According to the Christian approach the punishment is good if the sinner comes repentant and it leads to reconcilation between commitment and victim.
INTERNATIONAL TRADE COMPLIANCE
Modern conditions imply the need for compliance procedures, the use of civil law instruments of due diligence, assurances and guarantees, etc., for the implementation of international trade relations, including various kinds of economic restrictions. Compliance with the requirements of international trade law has a significant impact on the development of industrial and trade relations complicated by a foreign element. The process of ensuring compliance with the requirements of international trade law refers to international trade compliance. When implementing international trade compliance procedures, it is important to ensure legal monitoring and control over export-import relations, in particular, international trade transactions, logistics, settlements, customs procedures, administrative and other mandatory requirements of the national legislation of exporting and importing countries, etc. In a dynamically changing environment, international trading companies must adapt to the new rules in order to ensure stability and legitimacy of cross-border trade operations, while respecting ethical and legal standards.
The purpose of the paper is to study international trade compliance and determine its legal nature, propose the most effective legal compliance practices in the field of international trade and good practices for working with various regulatory requirements, develop proposals for optimizing legal educational programs in the field of international trade compliance, suggest new ideas for the use of automated solutions in the field of compliance and systematization of sanctions and anti-sanction restrictions.
CRIMINOLOGY
The study focuses on the topic of contemporary methods of criminal evidence, which holds significant importance within the area of criminal justice. Modern scientific evidence serves as a crucial foundation for determining the occurrence or non-occurrence of criminal incidents. It is utilized as a key tool to substantiate or refute claims in criminal cases. Given the current societal context undergoing rapid evolution, particularly the rise of information technology, it is imperative to remain updated on the advancements in this field. Criminals with expertise in information technology are increasingly employing modern scientific and technical methods to perpetrate crimes. Consequently, it becomes necessary to utilize contemporary evidence and investigative techniques to mitigate such crimes effectively. This approach facilitates the identification and apprehension of offenders, thereby ensuring appropriate punishment and the attainment of justice in a timely manner.
LEGAL TRANSLATION AND COURTROOM RHETORIC
The development of artificial intelligence (AI) and machine translation (MT) technologies made the process of translation easier. The study examines the translation strategies used by Netflix, Google Translate (GT), ChatGPT (GPT), and Gemini (GEM) to render 30 English legal acronyms into Arabic. Adopting the taxonomy suggested by Al-Hamly and Farghal to translate reduced forms, the analysis showed that every translator (human, MT, and AI) uses different strategies to render the acronyms into Arabic. The findings showed that the majority of the English legal acronyms were unpacked and translated literally “Translation Alone Unpacking.” GPT employed this strategy the most at 50 %, followed by Netflix and GT at 26.6 % each and GEM at 13.3 %. The second most frequently used translation strategy is “Cultural Substitution” that was utilized by Netflix (40 %), followed by GPT (23.3 %), and GEM and GT at 16.6 % each. The analysis showed that GT has more cases of mistranslation than the other investigated systems. The study concludes that artificial intelligence tools have advanced significantly and are now almost as good as humans. Therefore, when translating legal acronyms, combining machine translation with human intervention will likely improve accuracy and cultural sensitivity while saving time, cost, and effort.
This paper explores the intricate relationship between classical rhetoric, legal rhetoric and the inherent risks faced by advocates during courtroom speeches. It delves into the fundamental principles of persuasive communication within legal contexts and legal discourse, examining how choice of language, structure, tone and voice level can significantly influence trial outcomes and perceptions pf decision-makers and the audiences. The analysis highlights various rhetorical strategies employed by advocates while also addressing potential pitfalls, including the risk of misinterpretation, emotional overload, and the lack of trust on behalf of a judge. Through case studies and expert insights, the paper provides a comprehensive understanding of how effective rhetoric can navigate the complexities of legal discourse while mitigating associated risks. Ultimately, it aims to equip advocates with the necessary tools to enhance their representation practices within the courtroom setting.
ISSN 2713-0533 (Online)