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BRICS Law Journal

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Vol 8, No 4 (2021)
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https://doi.org/10.21684/2412-2343-2021-8-4

ARTICLES 

4-30 587
Abstract

The international world order has been changing rapidly since the turn of the twenty-first century. BRICS, as an economic association, that unites five countries, each of which is the leading state in its own region, is faced with a variety of modern-day challenges. The article examines the most important issues for BRICS, as well as the outcomes and potential future directions for deepening cooperation among the BRICS member states and in more extended formats. The main purpose of the article is to identify major trends and factors that influence the formation of the BRICS agenda and the future direction of development. Other important tasks that could be mentioned are determining the reasons for the intensification of political cooperation, obstacles and opportunities for BRICS institutionalization as an international organization and potential expansion. To become a stable international institution, BRICS needs to devise an effective strategy of development that includes key areas such as the economy, investment cooperation, digitalization, security, ecology, and the environment. The creation and strengthening of external relations of BRICS with leading developing countries and international organizations, as well as cooperation on the basis of equality, complementarity, and mutual benefit in the economic, scientific, and technical fields, taking into account the significant resource base of BRICS countries, the largest labor resources, capacious domestic markets, goals of economic modernization and high technologies, as well as food and energy safety will provide BRICS with the opportunity to form an effective development strategy to gain a foothold in the multipolar world order.

31-37 551
Abstract

This research paper seeks to identify and analyze the regulations that rule the economic life of the BRICS countries in the fields of foreign investment’s law, competition law and global administrative law, and further to identify points of convergence and divergence among them in order to indicate the possibilities of legal cooperation to facilitate economic exchanges and investments flow among them. We believe that the possible bottlenecks in trade and investment can be overcome mostly by exchange of experiences, to mitigate the lack of knowledge on national laws and regulations, and by the creation of cooperative mechanisms that facilitate the economic flow among them.

38-61 565
Abstract

In the BRICS Member States, serious attention is paid to Information Technology development in terms of both technology and law. These countries are at the forefront in the development of the digital economy and digital innovations. Cloud storage software is an important element in this sector and is intensively applied in civil law transactions. The processes of approval, storage and sorting of documents are being automated on the basis of the relevant computer programs. This helps companies and government agencies to systemize their operations. At present, the most pressing issues are those related to copyright and copyright holders of computer programs since software code may be copied, even illegally or unconscientiously, and used as the basis for another software product. Cloud storage software is copyright-protected, but, depending on the scope of its use, additional patent protection may be required. Given the rapid development of the IT sector, a software product may be one of the components in an invention subject to patenting. The article focuses on the relationship between copyright and patent protection of software and offers a comparison of the approaches taken by the BRICS countries. Approaches taken by Germany as a European Union Member State and the United States of America are shown in the all-out comparison. The article also analyzes the views of academics on the relationship between copyright and patent protection of software.

62-75 500
Abstract

This article analyzes the legal status of special administrative regions in China. This type of territorial unit occupies a special place and has a specific legal status, which is especially noticeable in relations with the central authorities. The authors focus on the historical prerequisites for the formation of such a legal status and analyze the current situation. A special feature of this study is the research methodology, since a comprehensive analysis requires the use of a mixed research method. The conclusions reached by the authors can be used to formulate a new form of government.

76-102 572
Abstract

The problem of domestic violence and violence against women, despite being an age-old phenomenon, came to the fore of public debate relatively late. It entered the agenda of intergovernmental organizations in the 1990s, but became the subject of international litigation only in the 2000s and 2010s. While this belated response of the international community can be associated with the inadequate conceptualization of the problem and insufficient data, it also has to do with the ongoing public/private dichotomy that became especially pronounced in the recent years when various conservative groups increasingly question the necessity of specific laws and policies aimed at eliminating this kind of crime. In this article, I briefly trace the developments concerning women’s rights, and, particularly, domestic violence and violence against women in international law. Then, based on the analysis of international and regional court decisions, I try to see how and whether these decisions contributed to the domestic developments in the field of combatting this phenomenon in Russia and Brazil. It is also important to examine how COVID-19 pandemic impacted the narratives of violence and how the international community should respond to the challenge of protecting the most vulnerable members of the society in the conditions of health emergency.

103-135 813
Abstract

In patriarchal cultures, like the one prevalent in India, rigid, polarised and hierarchical gender roles work to establish a strong normative relationship between gender and the treatment of offenders committing violent crimes such as homicide. While most of the common law countries have already undergone a social change towards making their criminal laws more gender-sensitive by accommodating the experiences of battered women, the situation in India is quite different. Indian courts have recognised Battered Woman Syndrome very recently in only three cases, much differently than courts in other jurisdictions. While in other countries, Battered Woman Syndrome has been adduced by the advocates of battered women to support defence pleas, Indian Courts have resorted to it only to explain the effects of a battering relationship. The fact that Battered Woman Syndrome has only been recognised in such a small number of cases and the lack of scholarship in this particular area clearly resonates the resistance of the Indian criminal law towards women’s accounts of their experiences. Drawing on the example of the three cases, the author makes an attempt to put forth feminist legal arguments and offer a fresh perspective on the possibility of using Battered Woman Syndrome as a defence to address the concerns of battered women who end the cycle of violence by ending the lives of the abuser in a “kill or be killed” situation. Since Battered Woman Syndrome as a subject has been extensively researched in other common law countries, the present study limits itself to the Indian jurisdiction only. This paper also challenges the effectiveness of the existing defences under the Indian Penal Code, 1860 in accommodating the cases of battered women, and highlights the need for the introduction of a new justificatory defence as a plausible solution.

195
Abstract

In patriarchal cultures, like the one prevalent in India, rigid, polarised and hierarchical gender roles work to establish a strong normative relationship between gender and the treatment of offenders committing violent crimes like homicide. While most of the common law countries have already undergone a social change towards making their criminal laws more gender-sensitive by accommodating the experiences of battered women, the situation in India is quite different. The Indian courts have recognised Battered Woman Syndrome very recently in only three cases, much differently than courts of other jurisdictions. While in other countries Battered Woman Syndrome has been adduced by the advocates of battered women to support defence pleas, the Indian Courts have resorted to it only to explain the effects of battering relationship. The fact that Battered Woman Syndrome has only been recognised in such small number of cases and the lack of scholarship in this particular area, clearly resonates the resistance of the Indian criminal law towards women’s accounts of experiences. Drawing on the example of the three cases, the author makes an attempt to put forth feminist legal arguments and offer a fresh perspective on the possibility of using Battered Woman Syndrome as a defence to address the concerns of battered women who end the cycle of violence by ending the lives of the abuser in a ‘kill or be killed’ situation. Since BWS as a subject has quite extensively been researched in other common law countries, the present study limits itself to the Indian jurisdiction only. This paper also challenges the effectiveness of the existing defences under the Indian Penal Code, 1860 to accommodate the cases of battered women and highlights the need for introducing a new justificatory defence as a plausible solution.

 



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ISSN 2409-9058 (Print)
ISSN 2412-2343 (Online)
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