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Journal articles on the topic 'Sanctions under law'
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1
Majlessi, M. Shervin. "Use of Economic Sanctions under International Law: A Contemporary Assessment." Canadian Yearbook of international Law/Annuaire canadien de droit international 39 (2002): 253–331. http://dx.doi.org/10.1017/s006900580000758x.
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SummaryThe growth in the use of collective economic sanctions in the post-Cold War epoch calls for a re-examination of the legal basis and constraints on the implementation of sanctions. This article is an attempt to explore, from a legal point of view, the problems and restrictions associated with sanctions, and to suggest the ways in which economic sanctions can be rendered more legitimate in terms of international legal requirements. It is argued that, in addition to the traditional treaty basis of collective sanctions, a breach of an erga omnes obligation is also a legitimate legal basis for economic sanctions. It is also contended that, in addition to traditional economic considerations, sanctions should be subject to other limitations such as respect for principles of international humanitarian law. After determining the restrictions on the implementation of sanctions, the author makes proposals for refining current practices in imposing economic sanctions. In conclusion, it is argued that collective sanctions have the potential of being used in a more humane and institutionally coherent way.
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Bac, Mehmet. "Opinion expressions under social sanctions." International Review of Law and Economics 38 (June 2014): 58–71. http://dx.doi.org/10.1016/j.irle.2014.03.002.
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Eckes, Christina. "Sanctions against Individuals." European Constitutional Law Review 4, no. 2 (June 2008): 205–24. http://dx.doi.org/10.1017/s1574019608002058.
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Rulings in the cases of OMPI, Sison and Segi – Violation of the right to a fair hearing, the duty to give reasons, and the right to judicial protection – Jurisdiction to review lists of terrorist suspects – Extension of Article 35 TEU – Preliminary rulings on common positions – Improvements of the listing procedure – New legal bases for restrictive measures under the Treaty of Lisbon – Recommendations how to reform the autonomous EU listing procedure further
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Flynn, Susan. "The Red Hook Community Justice Center: An Evaluation of a Community Court." Journal of Psychiatry & Law 33, no. 1 (March 2005): 43–101. http://dx.doi.org/10.1177/009318530503300103.
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The archival data base of the Red Hook Community Justice Center was analyzed to describe the defendant population, the nature of the cases, the types of sanctions imposed, and the extent of compliance with sanctions. The data base contained a total of 6,245 cases that came under the jurisdiction of the court between June 2000 and June 2003. As anticipated, the data indicated that the most frequent type of offense was drug related and the most frequent sanction was mandatory substance abuse treatment. Incarceration was infrequent (4.9% of all cases). Other sanctions included community service, mandatory academic or vocational training and social service interventions such as anger management groups. Compliance with sanctions ranged from 63.7% for mandatory drug treatment sanctions to 75.5% for community service.
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Comartin, Erin B., Poco D. Kernsmith, and Roger M. Kernsmith. "Identifying Appropriate Sanctions for Youth Sexual Behavior." New Criminal Law Review 17, no. 4 (2014): 652–72. http://dx.doi.org/10.1525/nclr.2014.17.4.652.
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Although statutory rape laws were initially developed to protect youth from coercion by adults, youth are sometimes also prosecuted under these laws. This article investigates public attitudes regarding sanctions for youth engaging in sexual behaviors with peers. Hierarchical linear modeling was used to determine if age and gender of the offending youth, and sexual orientation of the relationship, has an impact on the public’s level of agreement for sanctioning youth for three types of sexual behavior: intercourse, oral sex, or touching. The study participants (N = 757) were drawn from the general population of adult Michigan residents; the sample was racially representative of the state but included an overrepresentation of women (66%). The findings show that respondent support for sanctions varied by the age difference between the youth. There was also an increase in level of sanction agreement by type of sexual behavior. Gender of the offending youth was not shown to significantly impact sanction agreement. Sexual orientation of the relationship was only significant for certain types of sexual activity. The public’s beliefs about youth sexual behavior is in concert with the intended goals of the juvenile justice system, in that the suggested sanctions are focused on rehabilitation for 15-year-olds. However, the public is more supportive of severe sanctions for 18- and 22-year-olds, but also suggest counseling and probation. The significance of these findings informs policymaking in that they suggest a more balanced approach for sanctioning consensual sexual relationships between youths.
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Werksman, Jacob D. "Trade Sanctions Under the Montreal Protocol." Review of European Community and International Environmental Law 1, no. 1 (March 1992): 69–72. http://dx.doi.org/10.1111/j.1467-9388.1992.tb00017.x.
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Rachman, Fathur. "IMPLEMENTASI PENEGAKAN HUKUM BAGI PENGEDAR NARKOTIKA DI INDONESIA." PRANATA HUKUM 12, no. 2 (July 31, 2017): 73–81. http://dx.doi.org/10.36448/pranatahukum.v12i2.188.
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The circulation of narcotics is a big problem for Indonesia, so the need to discuss about the proper sanctions for narcotics dealers. then the subject matter in this paper about the legal sanctions for narcotics drug dealer in Indonesia. Problem approach using normative juridical approach (legal research). Narcotics dealer in a criminal act is an illegal narcotics dealer who is given a criminal sanction under Article 114 of Law Number 35 Year 2009 on Narcotics, with maximum threat of a sentence of 20 years or life imprisonment or death penalty or a fine. Law enforcers must be firm and eradicate the narcotic crime, Narcotics drug dealers should be given sanctions and deterrent effects for the perpetrators and gangs.
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Wodahl, Eric J., Brett E. Garland, and Kimberly Schweitzer. "Are Jail Sanctions More Punitive Than Community-Based Punishments? An Examination Into the Perceived Severity of Alternative Sanctions in Community Supervision." Criminal Justice Policy Review 31, no. 5 (August 24, 2019): 696–720. http://dx.doi.org/10.1177/0887403419870848.
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The use of sanctions in community supervision has received considerable attention in recent years. Fueled in large part by the attention given to the swift, certain, and fair (SCF) sanctioning model, many agencies have adopted sanctioning programs, which often rely heavily on the use of short-term jail incarceration. In addition to jail, there exist a number of alternative, community-based punishments that can be utilized to respond to instances of noncompliance, including enhanced drug testing and community service hours. Little is known, however, about how individuals perceive community-based sanctions compared with jail. This study addresses this issue by examining perceptions of sanctions among individuals under community supervision. Survey findings indicate that community-based punishments are not viewed as being substantially less punitive than jail incarceration. In addition, perceptions of sanction severity are influenced by a variety of individual, experiential, and supervision-level factors. The policy implications of the study findings are discussed.
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Ryzhenkov, Anatoly J. "On the doctrinal principles of family law (The case study of the principle of responsibility for violation of family law norms)." Izvestiya of Saratov University. New Series. Series Economics. Management. Law 21, no. 2 (May 25, 2021): 169–77. http://dx.doi.org/10.18500/1994-2540-2021-21-2-169-177.
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Introduction. The article proposes supplementing the system of principles of family law with a new doctrinal principle – the principle of responsibility for violations of family law. Theoretical analysis. The article explores scientific ideas about the system of principles of family law, the features of family legal responsibility, the relationship of protection measures and liability measures in family law. Result. The article concludes that only the sanctions of the moral nature should be attributed to the family-legal sanctions. Property sanctions (compensation for non-pecuniary damage, disinheritance, recovery of losses) are of a civil nature, although they reflect the specifics of family relations. In addition to specific sanctions, the essence of family law liability lies in the special composition of the subjects of these sanctions, as well as the special procedures under which they are subject to application.
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Jefry, Arif Bahtiar, and Lathifah Hanim. "Juridical Studies On Notary Deed Which Can Be Canceled And Void By The Law And Responsibilities Of Notary According To Law." Jurnal Akta 6, no. 3 (August 30, 2019): 433. http://dx.doi.org/10.30659/akta.v6i3.5084.
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Notary deed can be canceled and void by law because of an error when a deed is contrary to the Act either intentionally or unintentionally by the parties who made it. Deed can be canceled, remain valid and binding as long as there has been no judicial decisions have permanent legal force canceling the deed. Unlike the deed can be canceled due to the manufacturing process does not satisfy the subjective element as set forth in Article 1320 paragraph (1) and (2) of the Civil Code. Deed null and void occurs due to the mechanism of making abuse substance UUJN Regarding the authority of notary in making authentic act and Article 1320 paragraph (3) and (4) of the Civil Code which is the objective conditions in performing an agreement, which is about a certain thing and the cause or causes of the allowed. In UUJN that as a notary in running his offense is proven, the notary must responsibility by way of sanction or sanctions, in the form of civil sanctions, administrative sanctions, criminal sanctions, the code of conduct or a combination of office notary witnesses. In Article 84 UUJN which reads: Actions violations committed by the notary of the provisions referred to in Article 16 paragraph (1) letter i, Article 16 paragraph (1) letter k, Article 41, Article 44, Article 48, Article 49, Article 50 Article 51 or Article 52 that resulted in a deed only has the strength of evidence as the deed under the hand or a certificate becomes null and void may be the reason for the injured party to demand reimbursement of losses, damages, and interest to the notary.Keywords: Notary Deed, Canceled, Cancel By The Law, Responsibility, Notary.
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Cameron, Iain. "UN Targeted Sanctions, Legal Safeguards and the European Convention on Human Rights." Nordic Journal of International Law 72, no. 2 (2003): 159–214. http://dx.doi.org/10.1163/157181003322560556.
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AbstractThe introduction of Security Council targeted financial and travel sanctions against individuals involves a qualitative change in Security Council sanctions policy, which has previously been directed against governmental entities. Targeted sanctions can be a useful weapon in the international community's attempts to pressurize repressive regimes into accepting change. However, there is a problem in using against individuals, a powerful international law mechanism designed for pressurizing states. Individuals' rights under domestic and international law can be severely affected by such sanctions. The blacklists created under Resolutions 1333 and 1390 cause particular problems, as these are quasi-criminal in nature and in practice entail an allegation that the targeted persons are terrorists or terrorist associates. However, there is no international legal mechanism for checking or reviewing the accuracy of the information forming the basis of a sanctions committee blacklisting or the necessity for, and proportionality of, measures adopted. The implementation against non-governmental or quasi-governmental entities of targeted Security Council sanctions in European states is almost certainly contrary to European human rights norms, in particular, the right of access to court under Article 6 ECHR. There is thus a conflict between obligations under the United Nations Charter (UNC) on the one hand and the ECHR (and for EU states, EC law) on the other. Mechanisms can, however, be created which provide a broadly similar level of protection to that provided by Article 6 ECHR while maintaining whatever effectiveness targeted sanctions possess, so there is no logical incompatibility between obligations under the ECHR and Security Council sanctions.
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Keller, H., and A. Fischer. "The UN Anti-terror Sanctions Regime under Pressure." Human Rights Law Review 9, no. 2 (January 1, 2009): 257–66. http://dx.doi.org/10.1093/hrlr/ngp009.
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Stenhammar, Fredrik. "United Nations Targeted Sanctions, the International Rule of Law and the European Court of Justice's Judgment in Kadi and al-Barakaat." Nordic Journal of International Law 79, no. 1 (2010): 113–40. http://dx.doi.org/10.1163/157181009x12581245929686.
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AbstractThis article analyzes the judgment of the European Court of Justice in the Kadi and al-Barakaat case from the perspective of international law and the rule of law among nations. The conclusions drawn are with regard to international law and thus not necessarily decisive for the application of domestic law and Community law to the issue of targeted United Nations (UN) sanctions. It is argued that targeted UN sanctions in the form of blacklisting and freezing of financial assets are lawful under applicable international law as a species of economic warfare. Even if, contrary to expectation, they were unlawful when first introduced, consent and active participation on part of the European states mean that they are in all likelihood precluded from protesting against them now. The European Community Court's judgment cannot affect the validity under international law of targeted UN sanctions. If it turns out that the UN sanctions can no longer be accommodated within Community law, which is an implication but by no means an immediate result of the judgment, it will be for each state to apply its national legislation and continue to implement the sanctions, disregarding Community law if necessary. This would be a serious test of the European states' professed devotion to international law.
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Brovkina, Alexandra, Victor Vezlomtsev, Svetlana Zakharova, Olga Shuranova, and Yuri Truntsevsky. "System of criminal penalties of Russian federation: legal regulation and sentencing practice." E3S Web of Conferences 135 (2019): 04066. http://dx.doi.org/10.1051/e3sconf/201913504066.
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The article presents the questions of constructing a system of criminal penalties under the legislation of the Russian Federation, the problems of imposing various types of punishments taking into account the rules for constructing criminal law sanctions. Changes and additions, various types of criminal penalties, including the content of sanctions in the articles, lead to an imbalance in the principles of their construction. The punishment system is currently in need of reform. An analysis of the sanctions of the articles of a special part of the Criminal Code of the Russian Federation revealed inconsistencies with the requirements of legislative equipment in their development, which creates serious difficulties in the appointment of sentences by the courts. Penalties under criminal law sanctions include punishment in the form of punishment, forced labor, imprisonment for a specified period. The legislation does not take into account the nature and degree of threat to crimes committed in the formation of sanctions articles. Criminal law and criminal law protection, and criminal procedural requirements, and punishments. In accordance with the peculiarities of the formation of the punishment system, the creation of criminal sanctions, as well as taking into account the goals of punishment in the domestic criminal law, which allows us to develop recommendations on the preparation of sanctions for articles of the criminal code of the Russian Federation.
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Avdasheva, S., and A. Shastitko. "Economics of Criminal Sanctions on Antitrust Law Violation." Voprosy Ekonomiki, no. 1 (January 20, 2010): 129–42. http://dx.doi.org/10.32609/0042-8736-2010-1-129-142.
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As of October 30, 2009 changes and amendments in the content of the article 178 of the Criminal Code of Russian Federation have been enacted. They allow to extend the use of criminal sanctions against violators of antitrust law in order to make the enforcement of legal rules supporting competition more effective. At the same time mistakes in the process of enforcement can decrease the efficiency of antitrust in the sense that under the given level of deterrence the burden of type I errors will be higher than the acceptable one. The goal of the article is to discuss the circumstances that can influence the effectiveness of criminal liability.
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Pietkiewicz, Michał. "Pre-emptive war under international law." Studia nad Autorytaryzmem i Totalitaryzmem 39, no. 4 (May 25, 2018): 69–79. http://dx.doi.org/10.19195/2300-7249.39.4.6.
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PRE-EMPTIVE WAR UNDER INTERNATIONAL LAW The thesis is devoted to problems associated with the international legal regulation of pre-emptive war. It is quite obvious that this phenomenon has a logical context revealed in national security policies individual states pursue for themselves. In this regard, analysis was made of the prerequisites for the emergence of a new doctrine of pre-emptive war, and here analysis of the “Bush Doctrine” made it possible to reveal the characteristics of pre-emptive war. In addition, the article pays precise attention to the problem of correlation between the characteristics of pre-emptive war and preventive war. It has been separately established that the current stage of international legalization of pre-emptive war requires significant improvement in mechanisms preventing this phenomenon and the development of a system of sanctions. Important conclusions are drawn regarding the prospects for international consolidation and implementation of the pre-emptive war doctrine in the systems of international law.
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Derman, Andrew B., Andrew Melsheimer, Thomas J. Auner, and Skyler K. Sikes. "The compliance dilemma: economic sanctions and the AIPN Model Form International Joint Operating Agreement." Journal of World Energy Law & Business 12, no. 4 (July 29, 2019): 331–47. http://dx.doi.org/10.1093/jwelb/jwz017.
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Abstract The current AIPN Model Form International JOA (the ‘Model Form’) does not sufficiently address circumstances and issues arising from economic sanctions, and the global contemporary trend demonstrates a significant increase in the use of sanctions by both multi-national governing bodies and nation-states. The USA implements unilateral economic sanctions more than any other country, and because US sanctions are often designed to prevent petroleum-related business with targeted countries and parties. Accordingly, this article (i) analyzes the impact US economic sanctions may have on the ability of international JOA members to both comply with sanctions and protect their interests under the JOA, and (ii) proposes certain definitions and a number of additional provisions the Model Form can adopt to address the issues arising from economic sanctions and protect the each party's interests.
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Mayans-Hermida, Beatriz E., and Barbora Holá. "Balancing ‘the International’ and ‘the Domestic’." Journal of International Criminal Justice 18, no. 5 (November 1, 2020): 1103–30. http://dx.doi.org/10.1093/jicj/mqab003.
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Abstract As the cornerstone of the International Criminal Court (ICC), the principle of complementarity provides that states have the primary responsibility to investigate and prosecute international crimes, and only when they are inactive, unwilling or unable to genuinely investigate and prosecute the ICC may exercise its jurisdiction. However, the relevance of sentences and sanctions, their severity and modalities in the complementarity assessment (CA) is still ambiguous. Some scholars argue for sentences to play a role in the CA but do not elaborate on what an inadequate sanction is and how it can justify the ICC pre-empting a national prosecution. Others mainly focus on pardons or blanket amnesties, without addressing reduced or alternative sentences developed in the framework of peace negotiations. The existing gap may stall or complicate peace processes in post-conflict situations under the jurisdiction of the ICC where alternative sanctions can be the only viable way to reach an agreement between the warring parties. This article focuses on the role that sentences can play in the CA according to the Rome Statute, on what are the standards on adequacy of sentences/sanctions for international crimes, and analyses how alternative sanctions designed in transitional contexts can play out in such an assessment.
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J.A. Burke, John. "Economic Sanctions Against the Russian Federation Are Illegal under Public International Law." Russian Law Journal 3, no. 3 (August 9, 2015): 126–41. http://dx.doi.org/10.17589/2309-8678-2015-3-3-126-141.
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Kondoch, Boris. "The Limits of Economic Sanctions under International Law: The Case of Iraq." Journal of International Peacekeeping 7, no. 1 (2001): 267–94. http://dx.doi.org/10.1163/187541101x00093.
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Filipenko, Anton, Olena Bazhenova, and Roman Stakanov. "ECONOMIC SANCTIONS: THEORY, POLICY, MECHANISMS." Baltic Journal of Economic Studies 6, no. 2 (May 15, 2020): 69–80. http://dx.doi.org/10.30525/2256-0742/2020-6-2-69-80.
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The purpose of the article is to analyze the theory and practice of international economic sanctions. The application of international economic sanctions and debate about their effectiveness and scale of losses are now at the centre of international politics. Analysis of key factors, mechanisms and socio-economic consequences of economic sanctions in the world economy need a conceptual understanding. The subject of the research is international economic sanctions. According to known practice, economic sanctions policy is based largely on the discretionary approach of using, as required, a policy of rigid rules, which is clearly reflected in the mechanisms, means and instruments of its practical implementation. Economic sanctions are the integral part of international economic policy, implemented through the theory of public (rational) choice, structural theory (cost-issue model), decision-making theory, the theory of coordination and cooperative games, etc. The hierarchical nature of the mechanism for the application of sanctions is available in three main levels: global, regional and national. There are three types of economic sanctions: trade, investment or financial ones, and so-called targeted sanctions or “smart” sanctions (transportation and communications restrictions). The case of introduction of economic sanctions, especially by supranational bodies of international integration organisations, namely the EU, is of particular importance for economic policy coordination. The specific consequences of imposing economic sanctions take on various socio-economic dimensions, the main ones of them indeed being the economic growth rates. The economic sanctions demonstrate how the individual countries, regional and international organizations react on huge violations of human rights, sovereignty of countries, international law in general. Methodological basis of the research comprise the list of theoretical and empirical methods of research; in article, the analysis of recent research publications subject under the discussion has been provided, the results obtaining with statistical data have been compared, the practical recommendations, received on the base of survey results have been suggested. To examine how the Iranian economy responds to sanctions imposed by the US and other countries we have constructed vector autoregression model. To test the variables of the model for unit root we have used augmented Dickey-Fuller, Phillips-Perron and Kwiatkowski–Phillips–Schmidt–Shin criteria, which have shown that almost half of the indicators are first-order integrated, with the rate of inflation and investment, in relation to GDP, GDP growth rate, imports of goods and services and oil rent are stationary, that is zero-order integrated. The US sanctions have increased oil price fluctuations in the Middle East region. The results of the study have shown that economic sanctions nowadays are a comprehensive tool in global economic wars, which effectiveness largely depends on the ratio of the economic power of the sanction imposing country to the sanctioned one.
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Gantchev, Valery. "Welfare sanctions and the right to a subsistence minimum: A troubled marriage." European Journal of Social Security 22, no. 3 (August 4, 2020): 257–72. http://dx.doi.org/10.1177/1388262720940328.
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Can welfare sanctions and the right to a subsistence minimum coexist? The present article sheds light on this question by examining recent developments in German social assistance law and placing them in the broader international legal context. In November 2019, the German Constitutional Court declared a large portion of the applicable regime unconstitutional because it violated the basic right to a guaranteed subsistence minimum. The first part of the article examines this German basic right and the way its normative requirements are applied by the Constitutional Court to welfare sanctions. Two important points of reference which are discussed relate to the effectiveness of the measures and the availability of sanction mitigation instruments that safeguard the constitutionally guaranteed subsistence minimum. The second part of the article carries out a similar examination into the international human right to social assistance and the respective case law of the international supervisory bodies. A comparative legal analysis is carried out in the third part, which highlights the similarities between the German and the international legal approach to minimum social protection and welfare sanctions. The article concludes with the observation that welfare sanctions and the right to a subsistence minimum can only coexist under the condition that states respect the absolute nature of minimum social protection and reconcile the adopted measures with the primary objective of social assistance: reintegration and social inclusion.
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Jayakody, Nadeshda. "Refining United Nations Security Council Targeted Sanctions." Security and Human Rights 29, no. 1-4 (December 12, 2018): 90–119. http://dx.doi.org/10.1163/18750230-02901003.
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The United Nations Security Council’s targeted sanctions seek to protect global peace and security. The majority of these sanctions are imposed on individuals deemed to be a terror threat and include measures such as asset freezes and travel bans. These measures can impede, inter alia, the right to private life and freedom of movement of targeted individuals. While it is accepted that certain rights can be restricted for the protection of public security, restrictions must be proportional under international human rights law. Given that UN sanctions regimes have come under scrutiny in recent years for their lack of procedural safeguards and disproportionate restrictions on fundamental rights, this article argues that proportionality based reasoning should be included in sanctions committees’ substantive decision-making processes. Other procedural safeguards should also be incorporated by UN sanctions committees. This would help ensure that sanctions are more measured and minimise impairment of human rights.
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F.-Dufour, Isabelle, Marie-Pierre Villeneuve, and Denis Lafortune. "Does the “last chance” sentence work? Ten years of failures and successes under a juvenile intermediate sanction in Canada." Punishment & Society 20, no. 5 (August 8, 2017): 539–61. http://dx.doi.org/10.1177/1462474517724142.
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Deferred custody and supervision order, an intermediate sanction which came into effect in 2003, had never been the subject of a scientific study. In the absence of research data, judges would give the sentence without knowing the outcome. To fill this gap, this study presents the failure rates (technical violations, revocations and new-crime violations) and success rates of all young Quebecers who completed a deferred custody and supervision order between 1 June 2003 and 31 May 2012. As with studies that examined similar sentences elsewhere in the world, success rates are relatively low. Suggestions are made to limit failures associated with this type of juvenile intermediate sanctions.
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Kuvaldin, Stanislav. "The Values of the European Union and their Protection under European Law." Contemporary Europe, no. 100 (December 31, 2020): 27–37. http://dx.doi.org/10.15211/soveurope720202737.
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Article 7 of the Treaty on the European Union provides for a mechanism for responding to violations by member states of the values of democracy, equality, the rule of law and respect for human rights proclaimed by the Union, as well as the introduction of sanctions against the violating state. Nevertheless, the EU structures are extremely cautious about this mechanism, despite the reasons for its use. The article analyzes the history of the appearance of Article 7 in European legislation and the first attempts of a pan-European influence on dubious decisions of the member states. Based on the example of Poland and Hungary in respect of which the possibility of applying sanctions under the Article 7 procedure is now being discussed, it is concluded that such an outcome is unlikely. It is shown that Article 7 was deliberately created in such a way as to limit the actions of pan-European structures, to leave decisions in the hands of national governments and to provide an opportunity to solve the problem through negotiations. It also shows the process of searching for alternative ways of influencing the violating states.
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Oliveira, Cristiano Aguiar de, and Gabriel Costeira Machado. "The deterrent effects of Brazilian child labor law." Revista de Estudos Empíricos em Direito 7, no. 3 (September 7, 2020): 111–31. http://dx.doi.org/10.19092/reed.v7i3.424.
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Brazilian law prohibits all forms of work for children under the age of 14 years old. Therefore, work performed by children under 14 years of age is subject to sanctions that do not apply to work performed by those over 14 years of age. We use this quasi-experiment generated by Brazilian law to test the deterrent effects of such sanctions. For this purpose, we use the 2013 Pesquisa Nacional de Amostra por Domicílios (PNAD) data to estimate the local average treatment effects (LATE) using the regression discontinuity approach. The results indicate that on average, this law results in 88% fewer weekly working hours when individuals living in rural and urban areas are considered. The effects in rural areas are thus inconclusive. The paper concludes that the law has a deterrent effect and reduces child labor in Brazil, but the effects are ambiguous in rural areas, where law enforcement is weaker and more children work.
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PELZMAN, JOSEPH. "THE SPILLOVER EFFECTS OF THE RE-IMPOSED UNITED STATES SANCTIONS ON IRAN ON MENA, THE PRC, RUSSIA, AND TURKEY." Global Economy Journal 20, no. 01 (March 2020): 2050003. http://dx.doi.org/10.1142/s2194565920500037.
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Iran has faced US sanctions in one form or another since its invasion of the US Embassy in Iran in 1979. The 2007-08 period marked the initiation of heightened international sanctions on Iran imposed by the UN Security Council in reaction to Iran’s nuclear program. These sanctions were tightened in 2010, when the UN Security Council, the US Congress, and the European Union all implemented separate sets of sanctions targeting either the Iranian nuclear program or the energy and banking sectors. Under the Obama Administration the Joint Plan of Action (JPOA) was signed in late 2013 and within months the United States and the EU took steps to waive specific sanctions. In 2015 the Joint Comprehensive Plan of Action (JCPOA) was signed, which lifted nuclear-related sanctions by the UN, EU and US. The Trump Administration on May 8, 2018 announced the US withdrawal from the JCPOA and directed federal agencies to begin to take steps to re-impose the sanctions established under U.S. law that were lifted or waived in order for the United States to meet its commitments in the JCPOA. On November 5, 2018, all pre-JCPOA - U.S. sanctions on foreign firms that conduct transactions in all of Iran’s core economic sectors, including energy, banking, shipping, and manufacturing, went back into effect. These include sanctions on “petroleum-related transactions” and transactions by foreign banks with Iran’s Central Bank. In addition,700 Iranian and third country entities have again been designated by the United States as sanctioned entities, meaning that foreign firms that transact business with these entities could face virtual exclusion from the U.S. economy. With the re-imposition of sanctions on Iran, in 2018, the US finds itself as a lone player in a world where the EU, the PRC, Russia and a group of MENA countries have no intentions to comply with these re-imposed sanctions. The purpose of this paper, consequently, is to assess the spillover effects which can be expected to result from the US re-imposition of Iran sanctions on relevant MENA countries, the PRC, Russia and Turkey.
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Margono, Rudi, I. Nyoman Nurjaya, Tunggul Anshari Setia Negara, and Heru Hadi. "The urgency of asset confiscation sanction in tax crimes." International Journal of Research in Business and Social Science (2147- 4478) 9, no. 5 (September 19, 2020): 285–93. http://dx.doi.org/10.20525/ijrbs.v9i5.802.
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Law Number 16 of 2009 concerning General Provisions and Tax Procedures (UU KUP), regulates administrative sanctions and criminal sanctions. The KUP Law method does not yet regulate how to save the loss of state revenue because it does not regulate the implementation of criminal fines, the legal implications of different decisions that cause legal uncertainty, injustice and have not provided benefits, especially in an effort to collect taxes. The purpose of this paper is to find out, analyze, and find the urgency of regulating criminal sanctions for the deprivation of assets in tax crime. This study is normative legal research with a legislation approach, historical approach, comparative law approach, conceptual approach, and case approach. The legal materials used are primary and secondary legal materials. Analysis of legal material is done with a descriptive perspective. The results of this study indicate that the inclusion of fine sanctions in the KUP Act turns out to lead to different interpretations resulting in legal uncertainty and does not provide economic benefits for the state in law enforcement, because the sanctions for fines are not complemented by implementing sanctions in the form of additional criminal sanctions in the form of confiscation of assets belonging to the defendant or an act (maatregel) in the form of requiring improvement of corporate governance in accordance with good corporate governance or placement of a legal company, where an economic crime is committed under a certain period of time, so that in the future the KUP Act, additional sanctions or actions to strengthen / complete in the future criminal sanctions for fines.
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Basaran, Tugba. "Saving Lives at Sea: Security, Law and Adverse Effects." European Journal of Migration and Law 16, no. 3 (October 16, 2014): 365–87. http://dx.doi.org/10.1163/15718166-12342061.
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In the wake of recent shipwrecks at the Strait of Sicily, the European Union and its Member States have come under renewed pressure to address rescue at sea. Saving lives at sea is not simply a question of enhancing eu rescue efforts, however, but requires eliminating third party sanctions that significantly impede the proper functioning of the international rescue regime. This article focuses on anti-smuggling laws and related instruments and their thorny relation to humanitarian acts. To improve rescue efforts at sea, as a first step all humanitarian acts need to be exempted from criminal sanctions (including the eu Directive 2002/90/ec). This needs to be accompanied by efforts to desecuritize rescue, separating rescue from border security concerns.
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Muyassarotussolichah, Muyassarotussolichah. "Abortus Provokatus Dalam Perspektif Yuridis." Musãwa Jurnal Studi Gender dan Islam 2, no. 2 (September 30, 2003): 161. http://dx.doi.org/10.14421/musawa.2003.22.161-175.
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In the Indonesian Code of Criminal Law (KUHP) abortus provocatus criminalis is forbidden and subject to a criminal punishment regardless of the circumstances under which it is conducted. This punishment applies both to the person who undergoes the abortion and also to those persons who assist. This is regulated in passages 346, 347, 348 and 349 of the Criminal Code. Meanwhile in Law No. 23 of 1992, passage 15 in conjunction with passages 80, 81 and 82 which concern health, an exception is made concerning abortion for medical reasons, also known as abortus provocatus medicinalis. The legal sanctions applied to people who have abortions vary from fines to imprisonment. Imprisonment is set out in terms of the maximum, not minimum sentence, so that in practice the court sentence is often very light compared to the legal sanctions listed in the criminal code. In terms of fines, the criminal code itself does not sanction fines for those persons who have abortions, but this matter is further regulated in Law No. 23 of 1992 concerning health, which stipulates a maximal fine of Rp. 500.000.000,- (Five hundred million rupiah).
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Andrijauskaitė, Agnė. "Exploring the penumbra of punishment under the ECHR." New Journal of European Criminal Law 10, no. 4 (August 15, 2019): 363–75. http://dx.doi.org/10.1177/2032284419868789.
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Administrative sanctions can be said to dwell in the periphery of punishment because they do not require setting the wheels of criminal procedure in motion. This allows States to save public resources as well as helps them to escape closer scrutiny at the judicial level. At the same time, the imposition of administrative sanctions usually curtails individual guarantees. Against this background, this article examines where the European Court of Human Rights (ECtHR) draws the line between measures belonging to the ‘hard core of criminal law’ and the periphery. After a presentation of gradual broadening of the ‘criminal limb’ guarantees of Article 6 European Convention on Human Rights to administrative measure of a punitive nature, it explores where do these guarantees meet their limits by taking the approach adopted in the landmark Jussila judgment as a point of departure. Subsequently, a structured analysis of the selected ECtHR case law in which this approach has been applied or – at least – invoked is provided. The article is finished with a reflection on the current interpretation of the said penumbra of punishment, which, among other things, identifies the possible gaps of individual protection, and the outlook for the future.
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Shah, Rita. "Hidden in plain sight: Architectures of community corrections as public secret." Probation Journal 67, no. 2 (March 18, 2020): 137–59. http://dx.doi.org/10.1177/0264550520911963.
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Public secrets are the information the public chooses to keep from itself. Architecture is required to both house and operate these secrets. Community sanctions are arguably a public secret. This study analyses the most visible aspects of community sanctions, probation and parole offices, to understand whether and how their architectural features help keep the system hidden. By analysing photographs of such offices, I argue that not only do the building features help maintain community corrections as a public secret, but they also keep the systems secret from the public. I also argue that keeping the offices intentionally obscured may also impact how those under supervision are viewed by the general public.
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Andrijauskaito, Agno. "The Principle of Legality and Administrative Punishment under the ECHR: A Fused Protection." Review of European Administrative Law 13, no. 4 (January 21, 2021): 33–51. http://dx.doi.org/10.7590/187479820x16098444161668.
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The principle of legality permeates the entire legal system based on the rule of law. It is especially well-pronounced in criminal law. However, what are its content, scope and implications when it comes to prescribing and punishing for offences which are supposedly less reprehensible, namely – administrative offences? How precisely should they or the sanctions that they stipulate be defined in legal provisions? Furthermore, is there any room for interpretation while imposing sanctions by public bodies? This article seeks to delve into these vexed questions by examining the relationship between the principle of legality and administrative punishment within the framework of the Council of Europe ('CoE') and the implications stemming therefrom. This will be done by dissecting the rationale and notion of this principle in the normative sources of the CoE with a special emphasis on Article 7 of the European Convention on Human Rights and its (autonomous) application in the case law of the European Court of Human Rights as well as by identifying the shortcomings of the current perception of the legality principle in the context of administrative punishment.
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Juita, Subaidah Ratna. "URGENSI PEMBAHARUAN HUKUM PIDANA DALAM KASUS KEJAHATAN KESUSILAAN: KAJIAN TENTANG SANKSI PIDANA BAGI PELAKU KEJAHATAN KESUSILAAN PADA ANAK." Hukum dan Masyarakat Madani 6, no. 3 (May 29, 2018): 53. http://dx.doi.org/10.26623/humani.v6i3.799.
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<p>Penjatuhan sanksi pidana terhadap pelaku kejahatan kesusilaan pada anak di Indonesia belum seimbang dengan dampak yang ditimbulkannya. Adapun anak sebagai korban dari kejahatan kesusilaan tentu mengalami trauma yang berkepanjangan hingga dewasa bahkan seumur hidupnya. Salah satu upaya yang dapat ditempuh dalam menghadapi problematika penegakan hukum adalah dengan cara pembenahan sistem hukum. Oleh karna itu perlu adanya pembaharuan sanksi pidana bagi pelaku kejahatan kesusilaan sebagai bagian dari sistem hukum. Pembaharuan ini perlu dilakukan karena sanksi pidana yang ada saat ini tidak memberikan efek jera bagi pelaku. Upaya pembaruan hukum pidana yang berkaitan dengan sanksi pidana dalam kasus kejahatan kesusilaan pada anak dapat ditelusuri berdasarkan perumusan sanksi pidana berdasarkan KUHP, UU Nomor 23 Tahun 2002 tentang Perlindungan Anak, UU Nomor 35 Tahun 2014 tentang perubahan pertama atas UU Nomor 23 Tahun 2002 tentang Perlindungan Anak, dan Peraturan Pemerintah Pengganti Undang-Undang (Perppu) No. 1 Tahun 2016 tentang Perubahan Kedua atas Undang-Undang Nomor 23 Tahun 2002 tentang Perlindungan Anak. Dengan demikian tulisan ini secara fokus mengkaji urgensi pembaharuan hukum pidana, khususnya hukum pidana materiil tentang sanksi pidana bagi pelaku kejahatan seksual dalam rangka untuk memberikan perlindungan pada anak korban kejahatan seksual.</p><p><em>The imposition of criminal sanctions against the perpetrators of morality in children in Indonesia has not been balanced by its impact. As for the child as a victim of crime decency certainly traumatized prolonged until adulthood even a lifetime. One effort that can be taken in dealing with the problem of law enforcement is to reform the legal system. By because it is necessary to reform criminal sanctions for the perpetrators of decency as part of the legal system. These reforms need to be done because there is a criminal sanction which does not currently provide a deterrent effect on perpetrators. Efforts to reform the criminal law relating to criminal sanctions in cases of crimes of morality in children can be traced by the formulation of criminal sanctions under the penal law, Law No. 23 of 2002 on Child Protection, Law No. 35 of 2014 on the First Amendment of Law No. 23 of 2002 on Child Protection, and Government Regulation in Lieu of Law (Perppu) Number 1 Year 2016 Concerning Second Amendment Act No. 23 of 2002 about Child Protection. So this paper examines the urgency updates operating focus criminal law, especially criminal law substantive about criminal sanctions for dader of sexual crimes in order to provide protection for child victims of sexual crimes.</em></p><p> </p>
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Daniluk, Paweł, and Joanna Mierzwińska-Lorencka. "Responsibility of a Juvenile for a Prohibited Act Under Polish Law." International and Comparative Law Review 16, no. 2 (December 1, 2016): 99–115. http://dx.doi.org/10.1515/iclr-2016-0017.
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Summary The law on juvenile delinquency proceedings creates a model of a paternalistic and welfare approach to juvenile justice, the protection and treatment of the juvenile at risk oriented allowing only a certain range, to use criminal sanctions against juvenile perpetrators of prohibited acts. The rule is that juvenile is not liable to the principles defined in the Penal Code, the Code of Petty Offences or the Fiscal Penal Code, and the law is applied to him is the Juvenile Act of 26 October 1982 which does not provide for a criminal responsibility. Special, nonpenal responsibility for juveniles applies for those between 13 and 17 years. For younger juveniles, special measures of exclusively educational and care character are possible.
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Willgoos, Christine. "Recent Developments in Health Law." Journal of Law, Medicine & Ethics 28, no. 2 (2000): 187–88. http://dx.doi.org/10.1111/j.1748-720x.2000.tb00009.x.
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The Office of Inspector General (OIG), Department of Health and Human Services, has issued a proposed rule under section 5201 of the Omnibus Consolidated and Emergency Supplemental Appropriations Act for Fiscal Year 1999 (OCESAA) that would provide a safe harbor from civil sanctions under section 1128A(a)(5) of the Social Security Act for independent dialysis facilities that pay premiums for Supplementary Medical Insurance (Medicare Part B) or Medicare Supplemental Health Insurance Policies (Medigap) for financially needy Medicare beneficiaries with end-stage renal disease (ESRD).End-stage renal disease is a chronic disease that requires regular dialysis treatments and monitoring of laboratory values, diet and medication. ESRD patients suffer from irreversible renal failure, often accompanied by diabetes, anemia, hypertension and congestive heart failure.
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Saputra, Denny, and Sri Endah Wahyuningsih. "PRINSIP KEHATI-HATIAN BAGI NOTARIS/PPAT DALAM MENJALANKAN TUPOKSINYA DALAM UPAYA PENCEGAHAN KRIMINALISASI BERDASARKAN KODE ETIK." Jurnal Akta 4, no. 3 (June 10, 2017): 347. http://dx.doi.org/10.30659/akta.v4i3.1807.
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This study aims to determine 1) how the precautionary principle for Notary / PPAT in carrying out its position in prevention of criminalization based on Code of Conduct, 2) What factors become obstacles for Notary / PPAT in carrying out its position and 3) What if Notary / PPAT is subject to Code violation until criminalization occurs The problem approach used is the normative juridical approach.The result of this research is that the precautionary principle for Notary / PPAT in carrying out its position in prevention of criminalization based on code of ethics that a Notary must always implement the principle of prudence as an effort to prevent criminalization based on code of ethics related to responsibility both civil, Administration, code of ethics of notary and criminal law, then the factors that become obstacle for Notary / PPAT in carrying out their position related to the principle of prudence is the information given by the parties that facing may not be in accordance with the actual and Notary / PPAT in running His duties and positions are subservient to the NOtaris Office Law. Therefore, if a Notary commits an offense in performing his duties and positions, until the criminalization of Notary is threatened with sanctions as stated in UUJN. Sanctions against a Notary are categorized into 2 (two), namely civil sanction in the form of reimbursement of costs, compensation, and interest is the result that will be received by Notary on the demands of the tapers if the deed concerned only has the power of proof as deed under the hand or deed becomes null for the sake of law. Notary also still have to face the threat of sanction in the form of ethical sanction if Notary do violation to code of ethic of Notary, and even can be sentenced to criminal sanction in case of criminal violationKeywords: Notary, Prudential Principle
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Borlini, Leonardo. "The NORTH KOREA’S GAUNTLET, INTERNATIONAL LAW AND THE NEW SANCTIONS IMPOSED BY THE SECURITY COUNCIL." Italian Yearbook of International Law Online 26, no. 1 (October 11, 2017): 319–45. http://dx.doi.org/10.1163/22116133-90000168a.
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The Security Council’s reaction to the nuclear tests conducted by the Democratic People’s Republic of Korea (DPRK or North Korea) in 2016 through Resolutions 2270 and 2321 have significantly changed the picture of UN sanctions regime against this country and created the most comprehensive, legally-binding, sanctions program imposed against a State since Iraq in the 1990s. While raising questions on their lawfulness under international law, the DPRK’s military actions have repeatedly challenged the international community. At the moment of finalising the present article, the situation seems more precarious than ever: despite the severity and comprehensiveness of the sanctions regime, the DPKR’s launches of ballistic missiles hit the headlines again, and its military aggressiveness does not appear reversed. The article examines this regime against the background of the Council’s past practice and the international rules on non-proliferation, also by discussing legal issues related to the different actions by Pyongyang. Ultimately, it seeks to assess the DPRK’s nuclear and ballistic missile tests vis-à-vis relevant international law and to determine the main limitations of the new set of binding obligations placed upon Member States to thwart the “North Korean threat”. For, in order to succeed, sanctions must be capable of coercing their targets into adjusting the particular course of behaviour that, according to the Security Council, poses a threat to international peace and security, the article concludes that the new sanctions regime is still affected by weaknesses that impair its effectiveness.
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Priscilla Suri, Jessica. "THE UNITED NATIONS SECURITY COUNCIL RESOLUTION ON SANCTIONS TOWARDS INDIVIDUAL FROM THE PERSPECTIVE OF INTERNATIONAL LAW." Padjadjaran Journal of International Law 3, no. 2 (June 28, 2019): 202–18. http://dx.doi.org/10.23920/pjil.v3i2.316.
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AbstractThe United Nations Security Council (SC) holds the primary responsibility to maintain international peace and security as stipulated in Article 24 of the United Nations Charter (UN Charter). The emergence of international terrorism as a threat to international peace and security encourages the SC to impose sanctions in the form of assets freeze, travel ban and arms embargo towards targeted individuals through the SC Resolutions on Taliban, Al-Qaida and the Islamic State of Iraq and the Levant (ISIL). However, the implementation of UN targeted sanctions towards individuals has been violating the targeted individual’s human rights to property, rights of movement, rights to privacy, honor and reputation, and also the rights to a fair trial. This article will explain about the legitimation of the SC Resolutions in imposing sanction towards an individual, and the obligation of UN member states towards the SC resolution that imposes sanctions against its citizen. The violations of human rights stemming from the implementation of SC Resolutions on sanction towards individuals indicate that the resolutions have been adopted beyond the limits of international law. Therefore this condition makes the resolutions lost its legitimacy under international law. In accordance with Article 25 and 103 of the UN Charter, all member states have an obligation to accept, carry on and give priority to the obligation originating from the SC Resolution including to implement the sanction measures towards individuals. Nevertheless, member states must accommodate and harmonize its obligations in respecting, protecting and fulfilling all the individuals’ rights who are targeted by the SC along with its obligation to the SC Resolutions.
Keywords: Human Rights, Sanction towards Individuals, United Nations Security Council.AbstrakDewan Keamanan Perserikatan Bangsa-Bangsa (DK) memiliki tanggungjawab utama untuk menjaga perdamaian dan keamanan internasional berdasarkan Pasal 24 Piagam PBB. Munculnya terorisme internasional sebagai ancaman terhadap perdamaian dan keamanan internasional mendorong DK untuk menjatuhkan sanksi berupa pembekuan aset, pelarangan perjalanan serta embargo senjata kepada individu yang ditargetkan melalui rezim Resolusi Taliban, Al-Qaida dan Islamic State of Iraq and the Levant (ISIL). Dalam penerapannya penjatuhan sanksi tersebut menimbulkan pelanggaran Hak Asasi Manusia (HAM) yaitu hak terhadap properti, hak kebebasan berpindah, hak atas privasi, kehormatan dan reputasi serta hak atas proses pengadilan yang adil. Pelanggaran HAM tersebut memunculkan tujuan dilakukannya penulisan artikel ini yaitu untuk menunjukan mengenai legitimasi resolusi DK yang menjatuhkan sanksi kepada individu, serta memaparkan mengenai kewajiban negara anggota PBB terhadap resolusi DK yang menjatuhkan sanksi kepada warga negaranya. Pelanggaran HAM yang disebabkan oleh penerapan penjatuhan sanksi terhadap individu mengindikasikan bahwa resolusi yang mendasari penjatuhan sanksi tersebut diadopsi dengan melampaui batasan-batasan penjatuhan sanksi DK dan telah kehilangan legitimasinya menurut hukum internasional. Sehingga meskipun negara memiliki kewajiban berdasarkan Pasal 25 dan 103 Piagam PBB untuk tetap menerima, melaksanakan dan mengutamakan kewajibannya berdasarkan Resolusi DK yang menjatuhkan sanksi terhadap individu, negara tetap harus mengakomodir dan mengharmonisasikan kewajibannya dalam menghormati, melindungi dan memenuhi HAM individu yang dijatuhkan sanksi saat melaksanakan kewajibannya yang berasal dari Resolusi DK.
Kata Kunci: Dewan Keamanan Perserikatan Bangsa-Bangsa, Hak Asasi Manusia, Sanksi terhadap Individu
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Nugroho, Feddy Hantyo, Rodliyah, and Amiruddin. "Law Enforcement against Children's Criminal Action Based On Law Number 11 of 2012 Concerning Children Criminal Justice Systems." International Journal of Scientific Research and Management 8, no. 06 (June 4, 2020): 226–35. http://dx.doi.org/10.18535/ijsrm/v8i06.lla03.
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This research was conducted to analyze and find out how criminal law policy is in the effort to apply criminal sanctions against children facing the law in terms of Law No. 11 of 2012 concerning the Criminal Justice System for Children and whether the concept of Diversity can be applied in the process of law enforcement against children involved in Narcotics Crimes. This research is a normative study, to analyze the legal material related to the problem under study, the author uses the Interpretation, Subjective and Objective Interpretation instruments, after that the authors process these legal materials by deductive thinking. The results obtained from the study that the drafting of Law Number 11 of 2012 is a replacement to Law Number 3 of 1997 concerning juvenile justice conducted with the aim of establishing a judiciary that truly guarantees the best protection of the interests of children facing the law as nation's next generation. The concept of Restorative Justice is one of the important things in Law Number 11 of 2012 where restoring the situation as it used to be the main goal and also no less important is the form of criminal sanctions that can be imposed on Children where criminal sanctions that are harsh and miserable are used as ultimum Remedium is not as a premium remedium especially as a maximum remedium. The concept of diversion that should be applied in Indonesia in the future, should be a combination of the concept of diversion that is applied in Australia, namely Police Diversion which is combined with the process of handling cases with the diversion prevailing in Indonesia today.
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Carver, Jeremy, and Jenine Hulsmann. "The Role of Article 50 of the Un Charter in the Search for International Peace and Security." International and Comparative Law Quarterly 49, no. 3 (July 2000): 528–57. http://dx.doi.org/10.1017/s0020589300064368.
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International sanctions have grown in use significantly since they were deployed in response to Iraq's invasion of Kuwait in August 1990.1 In the decade since the Kuwait crisis, economic and other measures not involving the use of force have been deployed by the international community against the Federal Republic of Yugoslavia (Serbia and Montenegro),2 Libya3 Rwanda4 Haiti5 Liberia,6 Somalia,7 Sudan,8 Sierra Leone,9 Angola,10 Eritrea and Ethiopia11 and, most recently, Afghanistan.12 International sanctions today derive—principally13—from a single source: the Security Council acting on the powers delegated to it by Member States under Article 41 of the UN Charter. However, while the sanctions contemplated by Article 41 have proved to be of continuing relevance in an increasingly interdependent world, the circumstances which enhance the potency of economic sanctions as a means of responding to an international crisis also increase the risk of loss by innocent States. The increased willingness of the Security Council to use its binding authority to impose economic sanctions has raised important questions both as to the cost of economic sanctions to implementing States, and the limits on the Council's powers.
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Spiro, Peter J. "Sheets v. Yamaha Motors Corp." American Journal of International Law 83, no. 3 (July 1989): 580–83. http://dx.doi.org/10.2307/2203321.
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Plaintiff Sheets sought sanctions under Rule 11 of the Federal Rules of Civil Procedure against defendants, the Yamaha Motor Co. Ltd. (Yamaha Japan) and its wholly owned American subsidiary, Yamaha Motors Corp., U.S.A. (Yamaha U.S.A.), for misconduct in discovery and frivolous insistence that service on the foreign parent be made in conformity with the Convention on Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, better known as the Hague Service Convention. Plaintiff had effected service under the Louisiana long-arm statute, which permitted service on the subsidiary as involuntary agent for the defendant parent company in an action arising out of business transacted or tortious conduct occurring in the state. The U.S. District Court for the Eastern District of Louisiana initially awarded $25,000 in sanctions to the plaintiff. On appeal, the U.S. Court of Appeals for the Fifth Circuit remanded the decision for further findings by the district court on the grounds for imposing sanctions. The district court held (per Schwartz, J.): in light of the decision of the Supreme Court in Volkswagenwerk Aktiengesellschaft v. Schlunk, involving a state service statute virtually identical to that of Louisiana, the defendants’ failure to waive service under the Hague Convention needlessly increased the cost of litigation and was properly the subject of Rule 11 sanctions.
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Pleggenkuhle, Breanne, Kimberly R. Kras, and Beth M. Huebner. "Twice Punished: Perceived Procedural Fairness and Legitimacy of Monetary Sanctions." Journal of Contemporary Criminal Justice 37, no. 1 (October 16, 2020): 88–107. http://dx.doi.org/10.1177/1043986220965035.
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Legal financial obligations (LFOs) are routinely assessed by the courts and corrections agencies. Yet, little is known about how individuals under correctional supervision experience and perceive legal debt. Understanding perceptions of LFOs is critical as research suggests that individuals who believe that criminal justice sanctions are fair and just are more likely to perceive the system as legitimate and comply. The current study examines in-depth interview data with individuals on probation or parole to understand perspectives of LFOs and what factors may condition these views. The results suggest that participants’ views are quite varied—expressing that they deserve some level of financial punishment, particularly in restitution cases, but they question additional costs that are not directly linked to the circumstances of the case, such as supervision fees, that exacerbate a perceived experience of double jeopardy or contradict the perceived purpose of the monetary assessment. Subgroup analyses suggest that individuals with a conviction for a sexual offense have secondary financial sanctions that deepen perceptions of inequities in the system.
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Simović, Miodrag, Dragan Jovašević, and Marina M. Simović. "CRIMINAL LAW IN PROTECTION OF HEALTH FROM THE ABUSE OF DRUGS IN SERBIA." Knowledge International Journal 28, no. 6 (December 10, 2018): 1939–46. http://dx.doi.org/10.35120/kij28061939m.
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Based on international standards adopted within the framework and under the Organisation of the United Nations, all national legislations recognise several different types and forms of criminal acts regarding misuse of narcotics. It is the matter of various activities of unauthorized production, traffic and other forms of inciting or enabling others to come into possession of narcotics for immediate use, which seriously endangers the health and life.Depending on the needs of each individual state, the distinction is made between the offenses, for the perpetrators are given different types and measures of penalties and other criminal sanctions. A similar situation exists in the Republic of Serbia.The paper analyzes the system of criminal offenses in various types and forms of manifestation in the theoretical and practical sense for whose offenders that are prescribed serious criminal sanctions.
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Vandenbruwaene, Werner, Patricia Popelier, and Christine Janssens. "Article 260 TFEU Sanctions in Multi-Tiered Member States." Perspectives on Federalism 7, no. 2 (November 1, 2015): 133–62. http://dx.doi.org/10.1515/pof-2015-0013.
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Abstract The question at hand is located at the intersection of EU law and national constitutional law, and aims to answer the following problem: namely, how to mitigate federal concerns in the context of infringement procedures and financial sanctions under art. 260 TFEU. This article approaches this question both from the perspective of the Commission and the Court of Justice, as well as from the vantage point of the central and regional governments involved. After analysing the composition of the financial sanctions, we cover the involvement of subnational entities in the infringements proceedings in six tiered Member States (Austria, Belgium, Germany, Italy, Spain, and the UK) and the relevant national provisions for the partition of financial sanctions. The conclusions pertain to both the central and regional level and the EU institutions concerned, adhering to the multi-level relationship subjacent to this article.
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Gunawan, Juliana Susanti. "Living Law Transplantation in Construction Criminal Medical Law." UIR Law Review 4, no. 2 (October 25, 2020): 59–70. http://dx.doi.org/10.25299/uirlrev.2020.vol4(2).5325.
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Laws live and develop from patterns of behavior in society, laws are not free of values, between legality and justice are inseparable. Laws made by the authority of sovereign states that are regulated and have sanctions can work effectively if there is a relationship of moral values that provide essential justice. Medical Criminal Law (MCL) regarding medical action has not been comprehensively regulated in the legal subsystem in the health sector. The complexity of the problems that arise in society is always growing which is followed by rapid advances in medical science and technology so that MCL is needed for legal certainty for medical personnel and legal protection for the community. Literature study in normative analytical research with a conceptual approach offers the idea of moral transplantation in the construction of MCL can be built under the values that live and develop in society (living law) based on the principle of material legality
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Puckett, A. Lynne, and William L. Reynolds. "Rules, Sanctions and Enforcement Under Section 301: At Odds with the WTO?" American Journal of International Law 90, no. 4 (October 1996): 675–89. http://dx.doi.org/10.2307/2203997.
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Section 301 of the Trade Act of 1974 permits the United States Trade Representative (USTR) to investigate and impose sanctions on countries whose trade practices are found to be unfair to U.S. interests. It reaches beyond the General Agreement on Tariffs and Trade (GATT), to give the United States unilateral power to penalize countries that threaten American interests. Section 301 can be used to enforce United States rights under multilateral and bilateral trade agreements, as well as to remedy unreasonable, unjustifiable or discriminatory foreign trade practices that restrict or burden U.S. trade. It contains both mandatory and discretionary provisions and specific timetables for action by the USTR.
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Kalvodová, Věra. "Legal entities and criminal law – principles of sanctioning." Acta Universitatis Agriculturae et Silviculturae Mendelianae Brunensis 61, no. 7 (2013): 2261–68. http://dx.doi.org/10.11118/actaun201361072261.
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The article deals with the issue of sanctioning of legal entities in connection with corporate criminal liability introduced after 1 January 2012. It provides a characterization of the sanctioning system provided for under the Act No. 418/2011 Coll. on the Criminal Liability of Legal Entities and on Proceedings against Them, and deals with the crucial principles governing the imposition of punishments and the protective measure. It further discusses the modifications of the sanctions with respect to legal entities, mainly as regards the principles of legality, purposefulness, adequacy, personality and subsidiarity of criminal repression.
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Kinkade, Patrick T., and Matthew C. Leone. "The Effects of “Tough” Drunk Driving Laws on Policing: A Case Study." Crime & Delinquency 38, no. 2 (April 1992): 239–57. http://dx.doi.org/10.1177/0011128792038002008.
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In 1982, California passed into law severe sanctions for driving while intoxicated. The effects of these law changes on policing were investigated. Using limited time series and elite interview methodologies, it was found that the law's passage was related to reduced arrest rates for several misdemeanors, including driving under the influence.
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Yakusheva, E. E. "Disclosure and Provision of Information by Securities Issuers under Sanctions." Lex Russica, no. 8 (August 27, 2021): 110–17. http://dx.doi.org/10.17803/1729-5920.2021.177.8.110-117.
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The paper is devoted to the transformation of information transparency of Russian securities issuers after the implementation of sanctions by foreign states and international organizations against a significant number of Russian companies. In response to foreign policy pressure, the Russian state quite naturally took a number of steps to protect domestic companies affected by sanctions, including by providing significant concessions in the field of disclosure and presentation of information. The author examines the question of which categories of companies and in relation to which information the rights to disclose/present it in a limited scope are granted, considers the conditions for the implementation of this right. Any change in the above-mentioned area aimed at reducing the availability of information about the activities of companies to the public and market participants may in the future have a negative impact on the development of the Russian economy as a whole. That is why it is especially important to pay attention to legislative changes and law enforcement practice taking place in this area. The author conducted a study of sources of information about public companies that began to disclose and present information in a limited scope. The most interesting examples of how societies began to abuse the rights granted to them were identified.Given that the sanctions affect significant sectors of the Russian economy (including the financial, energy, defense, mining and metallurgical industries), the widespread inappropriate practices in the field of presentation and disclosure of information may adversely affect the value of securities of investors who find themselves in a situation of an information vacuum regarding the activities of issuers. In order to preserve trust between market participants, the author proposes to give an opportunity for investors to resort to such a method of protecting their interests as the right to demand the redemption of securities belonging to them of those issuers that radically restrict access to information about their activities.