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Cyber security, diplomacy and international law
Get PDFThis article considers the extent to which cyber security/ insecurity may be effectively dealt with only by law. The authors describe the complexities of the issue which entails a number of other related matters, namely, espionage as an identified technique of poaching information; misconduct on the part of the insiders; high technology; and competition in cyber-based activities which offer financial gains and which often form the basis for transnational terrorist activities. The authors argue that any remedies or peace for cyber warfare must be brought about by peaceful means rather than warfare
The transnational crime of human trafficking: taking the Canadian human security approach
Get PDFDr Maria O’Neill (University of Abertay, Dundee) examines a number of jurisdictional approaches taken to tackle the crime of trafficking in human beings (THB), making comparisons in particular with the approach in Canada
Mandatory Mediation and the Rule of Law
Get PDFThis article evaluates mediation practice against the core principles that Thomas Bingham identifies as constituting the rule of law. It identifies three forms of compulsion and discusses these in the light of Thomas Bingham’s eight principles. The article examines how voluntary mediation may increase access to justice, a significant component of the rule of law, but an element of compulsion, in its strict sense, impedes the constitutional right of access to the courts and stifles the development of precedent. To comply with the rule of law, in its more substantive version, any instruction that parties attempt to settle via mediation needs to be subject to judicial scrutiny, must ensure that the cost of mediation is not disproportionate, that there is a genuine willingness of the parties to engage in the process with good faith, and that it involves no greater structural inequalities than in litigation
Computer forensics and electronic evidence in criminal legal proceedings: Lithuania’s experience
Get PDFJolita Kančauskienė, a Prosecutor of the Criminal Prosecution Department, Prosecutor General’s Office in the Republic of Lithuania, examines the role and development of electronic evidence in criminal legal proceedings in Lithuania. Since the ultimate objective is to use evidence to prove or disprove disputed facts, electronic evidence must be obtained in compliance with existing legislation and best practice to ensure admissibility at trial.
Index words: Evidence law, criminal procedure, Electronic evidence law and legislation, Lithuani
Originality in Belgian civil law: comparing the Code Napoleon with Book 8 of the New Belgian Civil Code
Get PDFDr Niels Vandezande and Jessica Schroers examine the introduction of an entire New Belgian Civil Code and the opportunity provided to make revisions to take account of electronic evidence. The authors explain how the NBCC codifies and simplifies existing rules to take account of digital issues.
Index words: Belgium, Evidence law, civil law, civil procedure, Electronic evidence law and legislatio
The “Labour” chapter of the Comprehensive Progressive Trans-Pacific Partnership as neoliberal regulation
Get PDFWith the possibility of Brexit and the UK leaving the European Union and considering joining the Comprehensive Progressive Trans-Pacific Partnership (CPTPP) Professor Joo-Cheong Tham, Melbourne Law School argues that the “Labour” chapter of the CPTPP constitutes a form of neoliberal regulation – faux regulation.
Index keywords: Brexit, United Kingdom, International trade regulation, European Union, Comprehensive Progressive Trans-Pacific Partnershi
