Tourism Levy in Bali: Why Foreigners Should Be Charged Extra Fees?

I Made Budi Arsika [1]*, Ni Gusti Ayu Dyah Satyawati [1]; I Nyoman Sirtha [1].

Published online: 7 May 2020, pp. 1-31

*Corresponding author. Email: budi_arsika@unud.ac.id

[1] Faculty of Law Udayana University, Bali-Indonesia.

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For years, the imposition of monetary contributions by foreign tourists in Bali has been a subject of debates and controversy. The rationale of foreign tourist contributions is that they facilitate the preservation of Bali’s natural and cultural heritage. The recent enactment of the Bali Provincal Regulation No. 1 Year 2020 concerning Tourist Contributions for the Protection of the Natural Environment and Culture of Bali (the Provincial Regulation) seemingly solves the issue. However, a closer look suggests that the Provincial Regulation lacks a convincing legal concept of voluntary tourist contributions. This paper analyses the content, process, and expectation of the creation of the above-mentioned Provincial Regulation, with reference to Indonesian laws and regulations, and reports conclusions drawn from meetings and interviews with relevant authorities. It is argued that, instead of providing specific regulations of the collection and management of voluntary contributions, the Provincial Regulation delegates the Governor to determine these matters through executive order. Undoubtedly, this dissociates with stakeholder expectations related to the preservation of Bali’s natural and cultural riches and the improvement of tourist facilities and services in Bali. Finally, the paper addresses the issue of implementing the Regulation in the light of the impact of the Covid-19 pandemic on tourism.

 

 

The Origin and Evaluation of Ship Breaking Regime of South Asia: A Critical Perspective From Bangladesh

Ishtiaque Ahmed*[1]

Published online: 22 October 2020, pp. 1-31

*Corresponding author. Email: ishtiaque.ahmed@northsouth.edu

[1] Department of Law, North South University Bangladesh

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The Hong Kong Convention was adopted in 2009 to regulate the global industry of ship recycling, but the convention remains unenforced due to the problem of ratification by the leading ship recycling states. Due to the lopsided track record of shipbreaking in the last forty years, the ratification currently depends primarily on the policy choices of few developing nations. Given the gross unpreparedness and oversight of Pakistan towards the treaty’s timely accession with India’s recent ratification, and the ban of China on the import of hazardous waste, the responsibility lies with the Bangladeshi court to decide the fate of this influential global pact. This article attempts to track down the origin and evolution of ship recycling regime of Bangladesh, followed by a critical analysis of the salient provisions of the framework ship recycling regulations of this chief ship recycling state as adopted recently. It postulates that the drawbacks figured out may create significant obstruction or procrastination to accede to the convention by Bangladesh thereby endowing an inclusive and sustainable global ship recycling industry any time soon. The article ends with recommendations to the government of Bangladesh for necessary amendments in its framework regulations on ship recycling identified in this research.

 

 

Adversarial Machine Learning – the Coming Legal Storm

Peter R. Stephenson1*

Published online: 23 October 2020, pp. 1-20

*Corresponding author. Email: prs33@liecester.ac.uk 

[1] University of Leicester School of Law

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The intersection of technology with the law always has been slow and often fraught with confusion. Lawyers do not speak the language of technology and, conversely, technologists are uniformly ignorant of the law’s twists and turns. The purpose of this paper is to bring the legal community in closer tune with the technical community without forcing the legal community to undertake an in-depth education in machine learning (ML). A key area of confusion is jurisdiction in cyberspace. There are, essentially, two camps. One side says that cyberspace is a domain of its own without laws, governance or enforcement. The other side claims that, in most cases international law as it stands is sufficient for managing legal aspects of the Internet. The second is correct to a point. However, there are emerging areas of technology that appear to defy that position. One of the most dangerous and difficult – both theoretically and practically – is the area of autonomous malware. This paper discusses that challenge and proposes some approaches to meeting it. We begin with some technical definitions and explanations to frame the legal issues properly in the technical world. We then address jurisdiction in cyberspace generally followed by demonstrating a standardized way of looking at the Internet through the lens of the law. Next, we present a hypothetical attack of the type envisioned. Finally, we pose some possible solutions to the problem of autonomous malware and software-driven – as opposed to human-driven – attacks. Please note that this paper is focused upon United States law and the state of technology in the US. However, the author has cited an African journal article that suggests that the issues stated here are present throughout the world (see footnote 35).

 

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