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On October 2, 2020, a newborn infant girl was discovered in the trash in an airport bathroom in Doha, Qatar. There was a rush to secure the infant's life, which was successful. There was a rush, also, to find the infant's mother, an effort that involved subjecting several women to intrusive physical examinations to determine if they had recently given birth, leading, eventually, to international outcry.
This article calls for a reassessment of the methodology in determining the place of contractual performance under Article 7(1) of the Brussels I Regulation Recast. The first part of the article deals with Article 7(1)(a). It argues that in light of the adoption of autonomous linking factors under Article 7(1)(b), more types of contracts presently not covered within the ambits of Article 7(1)(b) should centralise jurisdiction at the places of performance of their characteristic obligations. The second part of the article considers the way Article 7(1) operates when there are multiple places of performance under the contract. The test devised by the Court of Justice of the European Union in this regard is not only difficult to apply, but the application of the test also often does not guarantee a close connection between the claim and the court taking jurisdiction. This article argues that when a claim is made in respect of a contractual obligation to be performed in more than one Member State, Article 4 should be applied instead of Article 7(1).
Recent criminal psychology research has raised critical questions about applying non-verbal communication methods for lie detection purposes in forensic settings. Research has shown low correlations between non-verbal communication and deception. However, non-verbal communication methods are still widely applied and suggested by police manuals. Results obtained by experimental and field research are biased by the following factors: (i) attention is given only to quantitative aspects of non-verbal behavior; (ii) there is a lack of research of qualitative aspects related to non-verbal behavior analysis; (iii) lack of connections between non-verbal indicators and verbal content; (iv) lack of attention on timing of non-verbal behavior; (v) most research is performed on psychology students in experimental contexts. This article proposes a new methodology for applying the Facial Action Coding System as investigative support and not as a lie detection method. The Facial Action Coding System will be introduced to integrate with verbal content analysis and a new framework to interpret non-verbal signs discussed. The aid of standardized non-verbal methods will be discussed through an in-depth psychological analysis of a case of homicide perpetrated in 2010 in Southern Italy by discussing a video analysis of the suspects’ statements.
Janez Lenarčič is currently serving as Commissioner for Crisis Management in the European Commission, a mandate he took up in December 2019. In this capacity, he is responsible for EU civil protection as well as humanitarian aid. Mr Lenarčič served as Ambassador and Permanent Representative of Slovenia to the European Union (EU) in Brussels from 2016 to 2019. From 2014 to 2016, he held the Secretary of State position in the cabinet of the Slovenian Prime Minister. His previous experience also includes the position of Director of the Organization for Security and Cooperation in Europe's (OSCE) Office for Democratic Institutions and Human Rights, in Warsaw, from 2008 to 2014. He has also served as Secretary of State for European Affairs, including representing Slovenia during the Lisbon Treaty negotiations in 2007 and later representing the Slovenian EU Council Presidency to the European Parliament in 2008. In 2002 and 2003 he held the position of State Secretary in the cabinet of the Slovenian Prime Minister, after which he served as Slovenian Ambassador to the OSCE. In 2005, he was also Chairman of the Permanent Council of the OSCE in Vienna. In 2000 he served as Adviser to the Minister for Foreign Affairs, and the following year he became the Diplomatic Adviser to the then Slovenian Prime Minister. Between 1994 and 1999 he was posted to Slovenia's Permanent Representation to the United Nations (UN) in New York, where he also served as the alternate representative of Slovenia on the UN Security Council. Mr Lenarčič holds a degree in international law from Ljubljana University.
Artificial intelligence can bring benefits to legal practice, providing agility and precision. It can allow judicial decisions to be the result of the combination of algorithms, enabling the development of a system based on machine learning. This article seeks to demonstrate the current state of the use of artificial intelligence in the Brazilian justice system with the impact of the development of a deep learning system, merely the result of the automation of textual analyses of legal cases, which now serve as models. Reflection is more than necessary given the ethical issues that can arise in view of the inherent precepts that are usually impregnated in the judicial function. Civil servants, lawyers, prosecutors and judges should be guided by a pertinent regulation of new technologies and reflect on whether judicial decisions would be the result of human thinking or not, in addition to the risk that they can carry when the models are biased, in good or bad faith, due to erroneous classification or misinformation in the system.
This article combines historical and philosophical analysis to examine and critique the ideas motivating Christian conservative legal activism. Such activists routinely claim to be motivated by a Christian worldview, which they define as a comprehensive explanation of reality that determines all their thinking and action, including their legal activism and argumentation. Examination of the historical and philosophical roots of the concept of worldview identified by Christian thinkers reveals two understandings of the concept: an analytic tool for rationally comparing the evidence for different social philosophies, and a pre-theoretical lens that determines what counts as evidence in the first place. Christian conservatives have largely favored the first sense of worldview as a tool to understand issues like sexuality and gender identity in an essentialist way and to demonstrate with foundationalist logic the rational superiority of their legal conclusions about these issues. However, a comparison of the Christian conservative worldview and the queer theory worldview illustrates how this understanding of worldview as a tool fails because there is no neutral perspective outside of any worldview, from which one could examine and compare one to another. The idea of worldview as a pre-theoretical, historically, and socially contingent lens can be more productive. Embracing this notion of worldview in a personalist way is necessary to build a culture of dialogue that uses narrative to pursue the truth while also respecting and honoring the different perspectives from which these narratives are told.
The duty to obey juristic injunctions in Islamic law is often assumed to follow a simple model: God commands, the jurists discover the meaning of those commands, and the faithful follow the jurists’ interpretation. By examining the arguments advanced by some prominent classical Islamic jurisprudes in support of the claims for law's normativity, I show that the jurists saw themselves as representatives of their communities in the quest to formulate opinions about actions in a way that is faithful to revelation. This model can be summarized as follows: (1) the jurists, by virtue of their knowledge, inform individuals of how to act according to revelation; (2) the pronouncement of a jurist who is knowledgeable and fair may be followed without revisiting their justifications; (3) everyone has a duty to act according to revelation and to rebuke those who do not. A reasonable individual should be motivated to follow juristic pronouncements when all these conditions are present. My main claim is that the basic model wherein God is an authoritative commander and the jurists are informants is unsatisfactory. The jurists saw themselves as more than mere discoverers and informers. This Islamic model has unique features when it comes to understanding authority in general. The uniform commitment to a formal moral source, coupled with the contingent nature of the robust reasons given by the system, make the Islamic model distinct from some modern accounts. The Islamic model offers a view of legal authority that is specific to a cohesive community that shares a basic moral commitment. This model fits the classical need for a theory of authority that is both persuasive and authoritative.
The research footprint of Information Technology (IT) in a legal system has not grown with the same pace as it has penetrated other domains. More specifically, in developing countries such as India, where the digitalization revolution is underway, the growth of legal informatics (LI) is still premature and very limited traces of IT can be observed to assist and elevate the legal system, which still functions very much in an old school way. The faster growth of population and the diminishing proportion of judicial executives and the deteriorating law and order situation along with declining human rights demand the urgent evolution of LI to grow at a very rapid pace to attain its maturity. However, the human harassments are pretty prevailing across the nation, but its intensity increases manifold when it comes to the law-enforcement agencies tasked with responsible policing, more specifically, the state police, which often operates with compromised work ethics. The situation becomes more appalling with a vulnerable population, especially women. As a result, such a population often does not muster enough courage to go to a police station to file their complaints despite acute mental and emotional pain. This is to avoid further trauma by police harassment and ergo a large number of cases go unnoticed. An underprivileged rape victim, who tries to file a report by going to a police station is a classic example of such a situation; where she is not only denied, but also gets harassed by insensitive police official(s) at the station; consequently, a good number of such victims do not go and their cases are not reported.
In this research work, we have developed a computational framework, called eLegalls, an LI-enabled innovation, as an effective solution to the above stated issues. The eLegalls system facilitates users to file their reports to police in their geographic jurisdiction, through its efficient and secure interface without any in-person visit. The eLegalls will help the vulnerable population to avoid unwanted denial and impending harassment by the police official(s) at the police station. The system is also equipped with some secure and pertinent features for the lawyers or attorneys to efficiently advocate in assigned cases. The eLegalls is envisioned to eventually be a successful legal tech, effectively serving the community.
Nigeria faces a perennial problem of inadequate electricity generation and supply. Electricity generation from fossil fuel sources has not succeeded in meeting the electricity needs of the country. And attempts to diversify electricity generation sources to include renewable energy sources have not been successful. Although there is a policy direction supporting the inclusion of renewable energy sources for electricity generation, the Electric Power Sector Reform Act 2005 (ESPR) has not succeeded in achieving the country's sustainable electricity drive. Nigeria needs to vigorously pursue its renewable electricity objectives through a law dedicated to encouraging uptake of renewable energy. This article examines the law and the policies underpinning Nigeria's sustainable electricity drive through a critique of the EPSR Act and the energy policy in light of Nigeria's renewable electricity objectives.
In recent non-international armed conflicts in countries such as the Central African Republic, Iraq, Libya, Nigeria, South Sudan, Syria, Ukraine and Yemen, various non-State armed groups (NSAGs) have exercised control over territory and people living therein. In many cases, and for a variety of reasons, NSAGs perform some form of governance in these territories, which can include the maintenance of order or the provision of justice, health care, or social services. The significance of such measures became particularly apparent when in 2020 not only governments but also armed groups took steps to halt the spread of the COVID-19 pandemic. This article examines key legal issues that arise in these contexts. First, it analyzes the extent to which international humanitarian law protects the life and dignity of persons living under the control of NSAGs, rebutting doubts as to whether this field of international law has a role in regulating what is sometimes called “rebel governance”. Second, it provides a brief overview of aspects of the lives of people in armed group-controlled territory that are addressed by international humanitarian law and aspects that instead fall into the realm of human rights law. Third, the article discusses whether and to what extent human rights law can be said to bind NSAGs as a matter of law and flags issues that need further attention in current and future debates.