International human rights law and the intangible face of ageism

PurposeThe purpose of this paper is to show the potential of international human rights law to raise awareness of the international community about ageism and its three aspects – old age discrimination, stereotyping and prejudices against older persons. The author evaluates the ability of international human rights law to encourage states to take action against these phenomena and looks for new solutions. The author also intends to examine if there are international law instruments compelling states to reject stereotypes and prejudices on older persons if there is no treaty devoted to them.Design/methodology/approachThe author applies methods relevant to legal science. The core human rights treaties, soft law documents and activities of human rights bodies are selected, analysed and interpreted.FindingsThe core human rights treaties require going beyond their literal interpretation to observe older persons' rights. States should interpret them in good faith, relying on the ageing mainstreaming approach. Instruction to states on how to do so lies in the soft law and output of the international human rights bodies. However, there is also room for improvement. Therefore, the author proposes adopting a targeted resolution on counteracting ageism and its components, updating positions by international treaty bodies, and involving various human rights procedures and specialised agencies in the fight against intangible dimensions of ageism.Originality/valueIt is the first study analysing awareness about stereotyping and prejudices against older persons from international human rights law. The author indicates untapped possibilities of the fight against ageism and its intangible dimensions under international law.

The Impact of COVID-19 on the Legal Information Profession within Law Firms

The purpose of this research is to understand the impact of the COVID-19 pandemic on the legal information profession within law firm libraries in Britain and Ireland. As the pandemic only began the year before commencing this research, few studies had been conducted on the topic, thereby a clear opening for this study emerged. This study uses a survey research strategy comprised of a mixed methods research approach. Desk research in the form of a literature review opens the study. A questionnaire and 5 semi-structured interviews were subsequently conducted. To understand the impact of the pandemic on the legal information profession within law firm libraries, the research objectives break the topic down into 4 areas that give insight into the consequences of the pandemic. The research found that A) working from home was the major impact faced due to the lockdown in spring 2020;B) use and spending on print resources declined;C) the role of legal information professionals has not significantly changed;and D) future legal information professionals will need to upskill due to technological developments and improve the image of the profession. Owing to the recent outset of the COVID-19 pandemic, it is important to compare the findings of this research to similar future studies to determine the validity of the results.

THE IMPACT OF LEGAL RESEARCH ON POST-PANDEMIC SOCIAL PROBLEMS IN ECUADOR

The objective of the research work was to expose how the legal research process after the covid-19 pandemic has impacted on the solution of social problems and to determine a mechanism for the satisfaction of the actors of the legal research process at the Universidad de los Andes. Therefore, it is proposed to characterize the impact through a bibliographic search in databases of interest and subsequently determine the level of satisfaction of students, professors and certified researchers within the university with the existing legal research system through the application of the IADOV technique. A higher overall satisfaction index was obtained in the sampled analysis groups. It was observed that the group of professors obtained a higher overall satisfaction index than the rest of the two groups. The most important elements for each of the groups were es-tablished, as well as those that enhance and limit the research system. It is recommended to review and analyze the limiting elements detected in order to include them in a continuous improvement plan. © 2022, University of Cienfuegos, Carlos Rafael Rodriguez. All rights reserved.

The Role Of Constitutional Law In The Era Of The Covid-19 Pandemic In Indonesia

The outbreak of the Covid-19 virus, which is spreading very quickly in various parts of the world, has a bad impact on several different sectors that can harm the country if the country does not take quick and right decisions. This encourages governments of countries in the world to create new regulations so that they are able to ensure the safety of their citizens and also sectors affected by the Covid-19 pandemic can recover. Policy issuance is certainly closely related to constitutional law and laws. Constitutional law is a regulation of the required state institutions and their authorities, internal relations between state institutions, and the relationship between state institutions and citizens. The purpose of this study was to determine the role of constitutional law in handling cases of Covid-19 that hit Indonesia and its implementation. The method used in this study is the literature review method or literature review which searches the literature for research purposes. The results of this study indicate that the role of constitutional law in handling Covid-19 cases in Indonesia can be seen through the making of simple laws and regulations rather than having to change the legal status of the national constitution . . The application of constitutional law in handling Covid-19 cases in Indonesia can be observed from existing policies, namely through the issuance of simple laws such as PP, Presidential Decree, and others.

The Concept of Using Budget Management Discretion in the Handling of the COVID-19 Pandemic by the Regional Government in Indonesia

The main problem in this research is the use of discretion in managing the regional government budgets for handling the COVID-19 pandemic in Indonesia. Material and method data related to discretionary budget management for handling the COVID-19 pandemic were obtained from secondary sources, namely laws and regulations, while the primary data were from the field, including the Jakarta Provincial Government. This research used the juridical normative analytical method. The Result of this research indicated during the COVID-19 pandemic, Law Number 30 of 2014 did not accommodate discretionary actions in budget management. The Conclusion of the research is eliminating the requirement of supervisor approval for budget discretion made by regional heads is the right concept for handling the COVID-19 pandemic.

The implementation of labor strike rights: Between freedom and order in Indonesia

This research aims to investigate and know about the implementation of labor strike rights, between freedom and order in Indonesia. The methodology of this research is normative legal research using a qualitative descriptive approach, and data collection techniques using library research techniques. The results of the study indicate that a labor strike occurs when unjust labor practices occur in which workers/workers hold their jobs to protest against employers who are considered to have violated the applicable labor laws. Workers who strike because of unfair labor practices cannot be legally dismissed or replaced permanently and this is guaranteed by law in Indonesia. However, some efforts are needed to navigate the potential for a labor strike that can be carried out by improving the quality of working life in the company. Through the implementation of the quality of work life, it is hoped that workers will feel involved in the workplace. If there is a problem at work, the workers/workers want to be heard by the company's leadership, and they want to know that there is a fair settlement process as regulated by the prevailing regulations and laws so that this is the best solution to prevent and deal with labors to strike rights.

A macro-level investigation of transatlantic controlling shareholder's fiduciary duty

Legal systems around the world apply various strategies to mitigate agency costs between controlling and minority shareholders. A systematic review of the transnational law on the loyalty and care obligations of controlling shareholders reveals various doctrinal choices. This study aims to uncover the evolution of these choices by employing a law-in-context methodology. Accordingly, it seeks to explain the differences in governance selections by exploring the cultural, historical and socio-economic backgrounds of the particular legal systems in which organisations and decisions are embodied. I conduct a macro-level inquiry which focuses on the cultural environment and business history development to understand different doctrinal designs. In particular, I argue that those dissimilarities are a result of unique cultural-non-formal norms of corporate governance regarding the protection afforded to shareholders’ interests and they correspond to the historical development of the law of corporate groups across nations. As the macro-level investigation indicates, any initiative to globally converge corporate law and governance should be carried out with caution because it may distort the delicate normative equilibrium represented in a given jurisdiction.

Cryptocurrency as an Investment: The Malaysian Context

Cryptocurrency is gaining popularity worldwide, with some countries already starting to regulate and accept cryptocurrency in their financial services. Malaysia’s Securities Commission (SC) announced in October 2021 that over MYR 16 billion (USD 3.85 billion) involving digital assets and cryptocurrencies were traded between August 2020 and September 2021. Since cryptocurrencies are issued by private corporations and are technically beyond the federal government’s control, criminals may use them for illegal reasons such as money laundering and terrorist funding. Consequently, it is vital to examine why investors are engaged in cryptocurrency in the first place. This study aims to provide insight into Malaysian investors’ perceptions by evaluating the influence of perceived risk and perceived value on their cryptocurrency adoption decision. The retail investors’ demographic characteristics (gender, age, education, income, and investment experience) were analyzed as control variables. Data were gathered using purposive sampling, and responses from 211 respondents from various cities in Malaysia were used in the final analysis. Data were examined using Smart PLS Structural Equation Modelling (PLS-SEM). Based on the finding’s, perceived value was found to have a significant influence on cryptocurrency adoption. Meanwhile, perceived risk had no significant influence on the adoption of cryptocurrency among the Malaysian investors.

AN OVERVIEW OF THE LEGAL FRAMEWORK GOVERNING CYBERBULLYING AMONG CHILDREN IN MALAYSIA *

Internet telah mengubah gaya hidup manusia sejak kemunculannya pada tahun 1990-an. Sejak itu, ia telah menjadi alat terpenting dan keperluan harian untuk semua lapisan masyarakat, termasuk kanak-kanak. Meskipun terdapat banyak kelebihan yang digunakan bagi kelas dalam talian serta pengumpulan ilmu pengetahuan dan maklumat, ia juga mempunyai keburukannya. Salah satunya ialah kanak-kanak terdedah kepada risiko buli siber, sama ada sebagai mangsa atau pelaku buli siber. Capaian yang lebih mudah kepada Internet melalui pelbagai peranti elektronik seperti telefon pintar, tablet, komputer riba dan komputer meja telah menyumbang kepada peningkatan insiden buli siber kanakkanak. Satu tinjauan yang dijalankan oleh Tabung Kecemasan Kanakkanak Antarabangsa Pertubuhan Bangsa-Bangsa Bersatu (UNICEF) pada 2019 mendapati bahawa 28% kanak-kanak di Malaysia adalah mangsa keganasan dalam talian. Dalam satu statistik melibatkan 28 buah negara di seluruh dunia, Malaysia berada di kedudukan ke-6 dan ke-2 dalam kalangan negara Asia dalam buli siber. Objektif kajian ini adalah untuk mengkaji senario buli siber kanak-kanak di Malaysia dan mengenal pasti peruntukan undang-undang berkaitan yang wujud di Malaysia. Kaedah yang digunakan dalam kajian ini ialah kajian doktrinal dengan merujuk kepada jurnal, buku, kertas persidangan, surat khabar dan majalah berkala. Kajian ini mendapati bahawa undangundang sedia ada tidak mencukupi untuk melindungi kanak-kanak daripada buli siber. Oleh itu, adalah dicadangkan supaya terdapat peruntukan khusus mengenai perlindungan daripada buli siber di Malaysia, terutamanya untuk kanak-kanak.Alternate :The Internet has changed people's lifestyles since its inception in the nineties. Since then, it has become an essential tool and daily need for all generations, including children. Despite its significant advantages for online class, gathering knowledge and information, it also has its disadvantages. One of the disadvantages is that children can be potentially exposed to cyberbullying, either as a victim or a perpetrator. Easier access to the Internet via various types of electronic devices such as smartphones, tablets, laptops, and desktop computers has contributed to the increase in child cyberbullying incidents. A survey conducted by the United Nations Children's Fund (UNICEF) in 2019 discovered that 28% children in Malaysia were victims of online violence. In global statistics among 28 countries, Malaysia was ranked 6th place and 2nd place among the Asia countries in cyberbullying. The objectives of this study are to examine the scenario of child cyberbullying in Malaysia and identify related legal provisions that existed in Malaysia. The method used in this study is doctrinal research by referring to journals, books, conference papers, newspapers, and other periodicals. This research found out that the existing laws are not adequate to protect children from cyberbullying. Thus, it is suggested that there should be specific provisions on cyberbullying protection especially for child in Malaysia.

PROTECTING GIG WORKERS' INTERESTS IN MALAYSIA THROUGH REGISTERED ASSOCIATION UNDER SOCIETIES ACT 1966 *

Model ekonomi gig telah memberi kesan yang besar kepada pertumbuhan ekonomi dunia. Melalui kontrak untuk perkhidmatan, pencari pekerjaan atau pekerja gig mempunyai peluang untuk bekerja di pelbagai sector dengan kelebihan dan faedah yang terhad. Model ekonomi gig ini telah memberi cabaran baharu terhadap hubungan pekerjaan dan industri kerana status mereka sebagai kontraktor bebas. Ketiadaan kesatuan sekerja untuk mewakili pekerja gig menyebabkan hak dan kepentingan mereka sering diabaikan dan dimanipulasi oleh penyedia perkhidmatan. Oleh itu, tujuan artikel ini adalah untuk meneroka badan alternatif yang boleh mewakili kepentingan pekerja gig dan terlibat secara aktif sebagai pemegang taruh dalam ekonomi gig ini. Kajian ini menggunakan pendekatan kajian perundangan bagi menganalisis struktur perundangan terbaik bagi memelihara hak pekerja gig untuk berpersatuan. Artikel ini menganalisa peruntukan undangundang dan kes mahkamah menggunakan analisis kandungan bagi mencadangkan struktur terbaik yang boleh melindungi hak pekerja gig untuk berpesatuan. Kajian ini mendapati bahawa persatuan berdaftar di bawah Akta Pertubuhan 1966 adalah platfom yang paling sesuai yang boleh memainkan fungsi kesatuan sekerja dalam memelihara kepentingan pekerja gig di Malaysia.Alternate :The gig economy model has had a significant impact on global economic growth. Through contracts for services, job seekers or gig workers will have opportunities to work in many sectors with limited advantages and benefits. This gig economy model has posed challenges to employment and industrial relations due to the gig workers' status as independent contractors. In the absence of trade unions to speak on their behalf, the service providers may neglect and manipulate their rights and interests. This paper aims to explore the alternative body to protect the interest of the gig workers and to be the main stakeholders in the gig economy. This article uses doctrinal legal research to analyse the best platform for gig workers to unionise. This article analysed legal documents, namely legal provisions from various legislations and case law using the content analysis approach, and thereafter proposed the best legal structure to protect gig workers' rights to unionise. This article found that the registered society structured under the Societies Act 1966 is the most suitable platform which can play an important role similar to trade unions in its functions to represent gig workers' interest in Malaysia.

Sustainable Policies and Resilience during the COVID-19 Pandemic: Advances in Humanitarian Aid, Civil Protection and Human Health within the Regulation (EU) 2021/836

This paper reviews the European Union (EU) legal framework of Regulation 2021/836 concerning the relationship between humanitarian aid, civil protection and human health. Using a legislative data set consisting of three documents, namely: Regulation (EU) 2021/836 (2021), Decision No 1313/2013/EU (2013) and Decision (EU) 2019/420 (2019), we find that the need for development and coordination is associated with innovation and resilience measures. Thus, the study aims to better observe the complex preparedness measures and actions of the European Commission (EC) and to understand the legislative changes in the field of civil protection (CP), humanitarian aid (HA) and human health (HH) in the context of the COVID-19 pandemic under the Regulation (EU) 2021/836, namely: (i) the coordination of actions including the protection of the population and the establishment of logistical support and resources for the Member States (MS) [Recital (19) Regulation (EU) 2021/836];(ii) the crisis management system (CMS) at EU level and (iii) the approaches to HH and "medical countermeasures" [Recital (3) Regulation (EU) 2021/836]. The research thus points to the legal and institutional analysis of the: (i) the "Union Civil Protection Mechanism" (UCPM) within Decision No 1313/2013/EU and Decision (EU) 2019/420;(ii) the "European Civil Protection Pool" (ECPP) within the Decision (EU) 2019/420;(iii) the approaches to the "Union Civil Protection Knowledge Network" (UCPKN) within the Regulation (EU) 2021/836. The research concludes by focusing on the logistical measures and resources, as well as the role of operational capabilities and information.

Cultural Heritage Education in UNESCO Cultural Conventions

The aim of the article is to analyse UNESCO conventions dealing with culture and assess the visibility and importance of cultural heritage education in these conventions and their implementation. First, it briefly presents the role of UNESCO in the area of culture and education, together with the UN Agenda 2030 and the challenges faced currently. Next, it discusses the existing UNESCO cultural conventions and their educational dimension with reference to the conventions’ provisions and aims. Each convention refers to education in the activities undertaken by States Parties, providing various tools and measures tailored to the scope of the convention. The article concludes that despite a lack of synergy and creation of education-related programs in convention-related siloes, UNESCO has managed to create a uniform and evolving system of educational measures aimed at various stakeholders and focus on various levels of awareness. Cultural heritage education is an imminent part of activities undertaken within States’ obligations and should involve various stakeholders, building networks and existing in synergy with other actions or campaigns based on different conventions.

The moratorium on loan repayments during the Covid-19 Pandemic in Europe: a comparative analysis of loan moratoria in selected European countries

This paper examines the moratorium on loan repayments, which was intended to relieve debtors in a difficult situation during the COVID-19 pandemic. In this study, various aspects of such moratoria are critically discussed and compared from an international perspective. Some debtors were significantly hit hard by the pandemic, whereas others were no. But should the moratoria apply to all of them? The free-rider problem, or even harm to some clients, are among the unintended results of the moratorium. Moreover, the loan repayment moratorium has different effects on the traditional banking sector and on P2P lending platforms. Such differences were not discussed sufficiently before adopting the moratoria. The different effects might have a negative impact on some debtors, on some creditors, or on the market and society in general. Along with using some traditional legal research methods, this paper takes a comparative perspective on loan repayment moratoria in different EU countries among. The conclusions of the paper may help regulators and lawmakers prepare more balanced regulations of loan repayments in the next crisis. Future regulations should reflect the perspectives of both debtors and creditors.

TEACHING PRIVATE LAW IN A CLIMATE CRISIS

First Nations analyses, climate science, social science and legal research indicate the significant role of private law in facilitating the conditions of climate change. Private law is a contingent feature of planetary health because its key concepts and institutions concentrate the legal rights to capital - the goods of life - in the private sphere. Private entitlements can act as shields against collective interests. Reforming law to address the climate crisis involves greater regulation of private interests to pursue the global goal of sustaining organised human societies, and thus addressing conflict between individual freedoms and collective exigencies. Reform depends on a differently educated generation of legal thinkers and practitioners.

The Right to a Fair Online Hearing

With the outbreak of the Covid-19 pandemic, the courts almost invariably (although to different degrees) started closing doors to physical presence and a new interest in remote forms of the administration of justice—notably online hearings—has emerged from the margins of legal research and practice. This article focuses on online hearings as the most critical aspect of the remote administration of justice, which still remains, theoretically and empirically, a largely unexplored area of legal process. It discusses the conceptual problems of online hearings from the perspective of European human rights law, notably Article 6 (the right to a fair trial) of the European Convention on Human Rights. On the basis of this assessment, the article identifies the limits to the use of online hearings flowing from the perspective of the right to a fair trial. It also cautions against any injudicious attempts to turn the pandemic-related extraordinary mode of functioning of court hearings into a new ordinary state of affairs and proposes ways in which the associated risks could be averted.

Analysis Of Banking Law Countercyclical Policy On Economic Sustainability In Covid-19 Pandemic Outbreak

The COVID-19 pandemic has caused a delay in national economic development, among other factors. Covid-19's global spread has had a direct or indirect impact on debtors' ability and capability to meet their installment or financing obligations to banks, resulting in Non-Performing Loans (NPLs). The purpose of this study was to determine countercyclical banking policy on economic sustainability in the covid-19 pandemic outbreak. This research method uses the Normative Juridical Approach used in this study by analyzing the norms in the legislation to find the truth based on scientific logic from the normative side to find a coherent truth. The results of this study can also be used as an excuse for overmacht credit among credit debtors to delay debtor credit payments to banks until the economy recovers. Several government regulations have stipulated that banks must defer debtor obligations;however, the debtor is still required to make payments to the bank.

Medical Applications of Artificial Intelligence (Legal Aspects and Future Prospects)

Background: Cutting-edge digital technologies are being actively introduced into healthcare. The recent successful efforts of artificial intelligence in diagnosing, predicting and studying diseases, as well as in surgical assisting demonstrate its high efficiency. The AI’s ability to promptly take decisions and learn independently has motivated large corporations to focus on its development and gradual introduction into everyday life. Legal aspects of medical activities are of particular importance, yet the legal regulation of AI’s performance in healthcare is still in its infancy. The state is to a considerable extent responsible for the formation of a legal regime that would meet the needs of modern society (digital society). Objective: This study aims to determine the possible modes of AI’s functioning, to identify the participants in medical-legal relations, to define the legal personality of AI and circumscribe the scope of its competencies. Of importance is the issue of determining the grounds for imposing legal liability on persons responsible for the performance of an AI system. Results: The present study identifies the prospects for a legal assessment of AI applications in medicine. The article reviews the sources of legal regulation of AI, including the unique sources of law sanctioned by the state. Particular focus is placed on medical-legal customs and medical practices. Conclusions: The presented analysis has allowed formulating the approaches to the legal regulation of AI in healthcare.

The Signet Library

In this article James Hamilton, Research Principal at the Society of Writers to HM Signet in Edinburgh, describes the history of the Signet Library as it approaches its 300th anniversary. He writes about some of the changes that have taken place over those three centuries and he also mentions some of the challenges for the library as the nature of the legal profession has altered, not least those presented recently by the Covid-19 pandemic.

Editorial

Kay Tucker is the Faculty and Institute Liaison Manager, HASS at the Monash University Library and Becky Batagol is an Associate Professor in the Faculty of Law and the Monash Sustainable Development Institute. The article looks at the architecture in the context of the many iconic buildings across Cambridge, considers some of the challenges of modern design for a library and sees a bright future for the building as a centre of excellence for learning and research in law. Erin Gow's article is entitled ‘Identifying Red Herrings in American Legal Research’ and, finally in this section, Greg Bennett's piece describes the process of ‘building an academic law library from scratch’ at Goldsmiths, University of London where a new LLB law degree was recently established.

Legal Regulation Of Social Networks: Necessity And Prospects (On The Example Of The Republic Of Uzbekistan)

This article analyzes the scientific and practical issues of regulation of social networks, in particular, the issues of the need for legal regulation of social networks in the context of digital development of the Republic of Uzbekistan. Scientific novelty of research consists in the fact that the article was first explored the issues of forming legal basis of social networks, the regulation of relations in social networks, protection of rights and freedoms, interests of legal entities and the state of information security. The study is considered important from the point of view of the fundamental study of legal relations in social networks in Uzbekistan. The practical significance of this article is the possibility of using the results obtained in the course of the study in the implementation of the tasks provided for in the Laws of the Republic of Uzbekistan «On Informatization», «On the principles and guarantees of freedom of Information», «On Guarantees and freedom of access to information».