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LEGAL ISSUES (4) answer(s).
 
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ID:   139599


Legal issues in the protection of marine biological diversity beyond national jurisdiction / Agarwal , Sunil Kr   Article
Agarwal , Sunil Kr Article
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Summary/Abstract States are facing new challenges with respect to conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction (BBNJ). This underscores a significant gap in the existing legal regime, as embodied in the 1982 United Nations Convention on the Law of the Sea (UNCLOS), for protection of marine biological diversity beyond national jurisdiction. Thus, there is a critical need for a legal instrument to specifically address the regulatory and governance gap in this area. To this end, the United Nations General Assembly (UNGA) has set up an ad-hoc BBNJ Working Group. In January 2015, the BBNJ Working Group recommended that an international legally binding instrument under UNCLOS needed to be developed. This will enable UNGA to decide in its forthcoming 69th Session, in 2015, whether or not to launch negotiations for a new Implementing Agreement under the UNCLOS on the conservation and sustainable use of the marine biological diversity in areas beyond national jurisdiction. The details and contours of the new legal instrument, however, have yet to be agreed to, by the international community. It is suggested that international community may consider the precedent of the United Nations Fish Stock Agreement (UNFSA) for taking the next steps in devising a legal instrument. Further, there is also a need to consider an institutional arrangement to address existing BBNJ governance gaps.
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2
ID:   127779


Municipal people's congress elections in the PRC: a process of co-option / Sun, Ying   Journal Article
Sun, Ying Journal Article
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Publication 2014.
Summary/Abstract Congress elections are an important part of political-legal studies in China. The literature has covered the direct election process, voters' attitudes and behaviors, and Party-congress-government relations in Chinese elections. Based on on-site observations, interviews and first-hand documents, this article explores the process of indirect elections at the municipal level. This article examines the interaction among institutions taking part in the municipal congress elections. It also addresses how the social structure changes affect congress elections and deputy compositions. It reveals that an implicit function of the congress election is to co-opt new social groups and interests into the establishment. Such co-option is an adaptive strategy of the Party state in the reform era.
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3
ID:   118976


Supreme Court's many median justices / Lauderdale, Benjamin E; Clark, Tom S   Journal Article
Lauderdale, Benjamin E Journal Article
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Publication 2012.
Summary/Abstract One-dimensional spatial models have come to inform much theorizing and research on the U.S. Supreme Court. However, we argue that judicial preferences vary considerably across areas of the law, and that limitations in our ability to measure those preferences have constrained the set of questions scholars pursue. We introduce a new approach, which makes use of information about substantive similarity among cases, to estimate judicial preferences that vary across substantive legal issues and over time. We show that a model allowing preferences to vary over substantive issues as well as over time is a significantly better predictor of judicial behavior than one that only allows preferences to vary over time. We find that judicial preferences are not reducible to simple left-right ideology and, as a consequence, there is substantial variation in the identity of the median justice across areas of the law during all periods of the modern court. These results suggest a need to reconsider empirical and theoretical research that hinges on the existence of a single pivotal median justice.
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4
ID:   130952


Use of drones in Pakistan: an inquiry into the ethical and legal issues / Ahmad, Mahmood   Journal Article
Ahmad, Mahmood Journal Article
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Publication 2014.
Summary/Abstract It is clear the United States and other major powers see drone warfare as the wave of the future. Today more than 70 countries possess drone technology and many others are seeking to acquire it. It is expected that within 20 years, there will be swarms of drones and many autonomous fighters and bombers in use around the globe. If the trends continue as anticipated, these drones will usher in a 'boundless and borderless war without end'. The development of technological improvements will eventually lead to a militarisation of foreign policy and unnecessary conflicts. While the circumstances in Pakistan are unique, the questions surrounding the US drone programme in non-combat zones such as Pakistan raise important issues regarding how drone use should be governed in the future. This article is an attempt to analyse legal and ethical issues raised by the US use of drone technology in non-combat zones such as Pakistan, and it looks into its underpinnings and also its repercussions as tool in prospective warfare.
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