Studies in Law and Justice

Theoretical Connotation and Mechanism Construction of Digital Justice

2024-01-09T23:49:43+00:00

With the development of artificial intelligence, the era of big data has come, and digital technology is changing the traditional way of life. The “online dispute resolution mechanism” based on the theory of “digital justice” has become a new type of dispute resolution that helps and promotes the realisation of justice. However, the theory of digital justice in the help of “close to justice” “to achieve justice” at the same time due to the rationality of the data computation there are also some shortcomings, in order to be more standardised and rational use of digital technology to achieve justice, the need for digital justice governance structure for the optimisation and construction.

An Assessment of Jurisdictional Boundaries in Title VII Cases: Unraveling Workplace Discrimination Claims

2024-01-30T01:18:11+00:00

This paper examines the complex landscape of jurisdictional challenges in Title VII cases from 2000 to 2022. We explore the intricate interplay between legal doctrines, evolving workplace dynamics, and legislative responses. Our analysis focuses on jurisdictional complexities that pose significant obstacles in the effective application of Title VII. We consider key legal concepts, evolving workplace structures, and legislative amendments. The broader implications of jurisdictional challenges are discussed, emphasizing their effects on individuals filing discrimination claims and their potential ramifications for workplace diversity and inclusion initiatives. We propose measures to address jurisdictional complexities and foster a more adaptive Title VII framework, including clarifying territorial scope, advocating for uniform legal standards, enhancing cross-jurisdictional cooperation, and considering legislative or judicial reforms. This comprehensive understanding offers insights for policymakers, legal professionals, and stakeholders striving to create a more equitable and responsive legal framework.

Practical Law Regulatory Thoughts on Cross-Domain Trademark Rights Conflict on the Internet

2024-01-30T01:19:31+00:00

Based on the characteristics of the Internet and the rapid development of Internet trade, the use of Internet trademarks has aggravated the conflict of cross-domain trademark rights, and the adoption of the trademark coexistence system to solve the conflict of cross-domain trademark rights is appropriate, through the expansion of the explanation of the extension of trademark coexistence system, and the requirement of Internet trademark users to take corresponding technical measures, and the comprehensive generalization of the system of coexistence for the use of trademark, which reflects the value of the expansion of the system of coexistence of trademarks in order to regulate Internet trademark conflicts, and the value of substantive law regulation. This is to realize the value of expanding the trademark coexistence system to regulate cross-domain trademark conflicts on the Internet.

Issues and Challenges of Women’s Rights

2024-02-02T01:14:57+00:00

Women’s rights, as a term, typically refers to the freedoms inherently possessed by women and girls of all ages, which may be institutionalized, ignored or illegitimately suppressed by law, custom, and behaviour in a particular society. These liberties are grouped together and differentiated from broader notions of human rights because they often differ from the freedoms inherently possessed by or recognized for men and boys, and because activism surrounding this issue claims an inherent historical and traditional bias against the exercise of rights by women. Issues commonly associated with notions of women’s rights include, though are not limited to, the right: to bodily integrity and autonomy; to vote (universal suffrage); to hold public office; to work; to fair wages or equal pay; to own property; to education; to serve in the military; to enter into legal contracts; and to have marital, parental and religious rights. In this research paper I have discussed issues and challenges of women rights and also review the role of different international agencies in spreading awareness about women’s rights.

The Application of the National Land Boundary Law and International Treaties in Domestic Law

2024-03-09T00:28:23+00:00

Article 31 of the National Land Boundary Law of the People’s Republic of China stipulates the application of this law and international treaties, which is the technical embodiment of the incorporation of international treaties into domestic law. Through comparison, it is found that, unlike other Chinese laws that directly stipulate that “if this Law has different provisions from international treaties, international treaties shall apply”, Article 31 adopts the concept of “otherwise stipulated”. In this way, the particularity of land boundary and border management affairs is combined with the interpretation of “other provisions”, so as to solve the relationship and application of the Land Boundary Law and international treaties.

On the Improvement of the Rules on the Obligation of Interpretation by Judges in Online Litigation

2024-03-09T00:29:37+00:00

As a new way of litigation, the practice of online litigation has attracted great attention, especially online civil litigation, which has also become a hot issue in the field of civil litigation. The online judge’s obligation to interpret not only inherits the content of the existing obligation of traditional offline litigation, but also expands the scope of the obligation of interpretation, and the expansion of the online judge’s obligation to interpret adapts to the requirements of online litigation following the principles of fairness and efficiency, convenience and benefit. However, the existing rules on online litigation are relatively general in their provisions on the obligation of interpretation by online judges, and judges usually enjoy a certain degree of discretion in the exercise of the obligation to interpret in online litigation, which makes there are some problems that need to be solved urgently in the performance of judges’ obligation to interpret in online litigation.

Evaluating the Impact of Autonomous Vehicle Technologies on Singapore’s Road Safety Regulations

2024-03-29T06:22:44+00:00

This paper investigates the impact of autonomous vehicle (AV) technologies on Singapore’s road safety regulations, leveraging a mix of literature review, policy analysis, and data evaluation. Singapore, a frontrunner in smart transportation, faces unique challenges and opportunities in integrating AVs into its urban fabric. Our analysis highlights the adaptability and responsiveness of Singapore’s regulatory framework to the emerging AV landscape, pinpointing areas where further adjustments are necessary. The findings suggest that while Singapore has made strides in accommodating AVs, ongoing regulatory evolution is essential to harness their full potential for enhancing road safety and mobility. This study offers insights into the complexities of regulating AVs, emphasizing the need for a balanced approach that supports innovation while ensuring public safety.

Paths and Implications of Indo-Russian Arctic Cooperation from the Perspective of India’s Arctic Policy

2024-03-29T06:25:23+00:00

India’s earliest involvement in the Arctic was influenced by the Antarctic, driven primarily by the need for scientific research on the environment and climate change. Later, the importance of Arctic energy and geo-strategic factors became more and more prominent, and these three factors are now the core drivers of India’s involvement in the Arctic. Depending on the degree of importance and involvement of the Indian government in Arctic affairs at different times, India’s Arctic policy can be categorized into three stages: the unformed stage (before 2007), the embryonic stage (2007-2012), and the initial stage (2012-present). With the gradual molding of India’s Arctic strategy, Indo-Russian Arctic cooperation has gradually become a hot topic. Specific cooperation paths include energy, scientific research, transportation and other fields. The driving force of Indo-Russian Arctic cooperation includes historical cooperation foundation, objective cooperation needs, geopolitical strategy and other factors, but at the same time, India’s domestic disagreement on Arctic policy, its own economic level, the complex situation in South Asia, the international political situation, economic risks, technical difficulties, and the U.S.-Russian rivalry also limit the deepening of Indo-Russian Arctic cooperation. For China, India-Russia Arctic cooperation in Arctic affairs and geopolitics in the short term will not pose too much of a threat, but from the point of view of prevention, should still be India and Russia to join forces to maintain appropriate vigilance, in order to better safeguard national interests.

The Legal Practices and Challenges of Parental Authority, Custody, and Child Welfare Protection in Divorce Cases Under German Family Law

2024-03-29T06:27:00+00:00

This paper examines the intricacies and challenges inherent in the German legal system’s approach to parental authority, custody, and child welfare within the context of divorce proceedings. Grounded in the principles of the Bürgerliches Gesetzbuch (BGB), the review explores the commendable commitment of German family law to the welfare and best interests of children during the tumultuous process of divorce. Through a critical lens, it delves into the dynamic interplay between joint and sole custody arrangements, the pivotal role of children’s voices in judicial decisions, and the enforcement of custody and visitation rights. Additionally, the paper scrutinizes the complex landscape of international custody disputes, emphasizing the necessity for nuanced interpretation and application of the Hague Convention on the Civil Aspects of International Child Abduction. Comparative analysis with international norms, particularly the UN Convention on the Rights of the Child, unveils areas of alignment and divergence, spotlighting opportunities for enhancing cross-border cooperation and ensuring a child-centered approach in custody disputes. Proposals for reform are articulated, advocating for structured mechanisms to integrate children’s perspectives, standardized assessments of the child’s best interest, and strategies for the effective enforcement of custody orders. Emphasizing the importance of domestic reforms and international collaboration, the review argues for ongoing evaluation and adaptation of legal practices to better protect children’s interests amid evolving family dynamics and global challenges.

Obstructing the Right to Divorce Freedom? Comparison of Divorce Barriers in the UK And China

2024-03-29T06:28:27+00:00

The decision to establish a cooling-off period for divorce in China has sparked widespread discussion in society. Through historical research on China’s divorce system, it has been found that the barriers to divorce in China are constantly increasing. The comparison of the barriers to divorce between China and the UK highlights the differences in legislation and judicial practices that affect the freedom of divorce between the two countries. Intervention measures such as the fault divorce system and the cooling-off period for divorce indicate that China’s divorce barriers are increasing; In contrast, the UK has shifted towards a no-fault divorce system, providing more freedom for individual divorce. Despite these changes, the difficulty of divorce in China is lower than in the UK.