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Since 2017, four provincial legislatures have introduced bills invoking the controversial notwithstanding clause. We present an original dataset of news articles from 10 different outlets that discussed the clause while these bills were being debated in Saskatchewan and Ontario. Empirically, although the clause is typically portrayed accurately, we find over one-fifth of articles about the clause did not indicate that it must be included in legislation. Normatively, the clause was twice as likely to be portrayed negatively as it was positively, and the type of portrayal was strongly associated with the ideological orientation of the news outlet. The rate of negative portrayals was similar across the two provinces, which suggests that attitudes toward the clause may endure beyond the policy issue itself or the level of media visibility. [ABSTRACT FROM AUTHOR]

In order to make our cities more sustainable, the paper describes a research aimed at defining a new urban tool in the context of Agenda 2030. It is the 'Sustainability Charter', a tool that already exists at the international level, but here is analyses at the local level as a result of decision-making process which refers to a set of interactions between academia (the university), industry and local community. One of the priority of the Sustainability Charter is to analyse all the sustainable services that an administration has to implement in order to help citizens to have virtuous lifestyles. The authors developed a methodological approach to better define, implement and asses these sustainable actions related to different urban topics (mobility, waste m paper proposes to adopt different indicators to measure the sustainability of each action using a specific chart defined as sustainability map. The method proposed by the authors ai ms to be easily adaptable and scalable to different local administrations. To give a concrete example of the results that can be obtained from its application, the paper proposes the experience of the Sustainability Charter of Sestri Levante, a medium-sized municipality in Italy in the Ligurian Riviera. Thanks to this experience, the Municipality of Sestri Levante can improve its mobility-related sustainability services. [ABSTRACT FROM AUTHOR]

This paper examines the social currency of copper-plate charters on the basis of Persian copper-plates from the Deccan. Indic religious systems have a long tradition of conferring land grants using this medium, partially rooted in beliefs of metaphysical qualities attributed to metals. The objects from this region are highly unusual because there are no other recorded instances of a sultan issuing or authorizing land grants on copper-plates. The Persian-language copper-plates appear from the sixteenth century onwards, and seem to be later copies of (or extracts from) paper-based charters issued by Bahmani sultans and other kingdoms in the Deccan. Issues of authenticity and forgeries, fakes and copies are also raised in this paper. This study examines objects that combine material culture and textual content. While the textual content of these objects has always been privileged as being a source of history, the medium – which itself has a history of reception – has not been given its own historical narrative. The paper provides new perspectives on what we might call the “social life” of different documentary formats in medieval and early modern India, in particular the copper-plate grant. [ABSTRACT FROM PUBLISHER]

The European Social Charter has recently received increased attention due to the evolution of its monitoring mechanism and the need to address a multitude of contemporary challenges to socio-economic rights. Although the treaty's preamble has played a crucial role in the interpretation of substantive provisions and in shaping state obligations, little attention has been paid to the way in which the preamble has defined the fundamental lines of the 'jurisprudence' of the Charter's monitoring body. The European Committee of Social Rights has deduced from the Charter's preamble several important general principles for the protection of socio-economic rights, on which it grounds its interpretation. This article analyses these principles and evaluates their effects in the relevant practice. The findings suggest that the Charter's preamble serves different purposes and performs multiple functions in international law, thus challenging the common assumption that human rights treaty preambles are empty phrases of a merely ceremonial nature. [ABSTRACT FROM AUTHOR]

The Law of Beaumont, established by a charter issued in 1182, was granted over a period of about 150 years for up to 700 villages in present-day France, Belgium, Luxembourg and Germany. It seemingly was to provide incentives to settle or stay in such villages. Based on an analysis of the Latin text (provided with a German translation) the paper questions that the focus of the charter was accurately described in older literature and common handbook entries. In those, the impression is given that the focus was on liberation from serfdom, tax relief and municipal self-government. The paper concludes that a high degree of self-government was indeed an outstanding feature, although it remains unclear whether the citizens originally had the right to elect mayor and jurors. Particularly favourable tax burdens could not be substantiated. There is no mentioning at all of any liberation from serfdom and burdens associated with it. The focus of the charter is on a precise definition of tax burdens and of penalties for crimes and their distribution, and on rules of legal process. Legal certainty in these regards must have been the core of its attractiveness both for citizens and lords and explain its popularity. [ABSTRACT FROM AUTHOR]

The author reflects on the manuscript acceptance and publication are being handled for the periodical "International Orthopaedics." The author mentions the specifications and format by which manuscript can be submitted and the way editors comment and treat the articles submitted for publication. He cites the role of the editorial board in the publication of the manuscripts.

The Association of Southeast Asian Nations (ASEAN) and the Economic Community of West African States (ECOWAS) are prominent regional organisations in the global South. However, their divergence becomes evident when considering variations in governance and institutional structures. This article attributes these differences to distinct approaches to national sovereignty by their members. Factors including historical colonial legacies, member states' experiences, and shared norms shape the construction of sovereignty in ASEAN and ECOWAS. ASEAN prioritises individual sovereignty and self-determination. In contrast, ECOWAS adopts a more flexible approach, emphasising collective action to address common challenges, even if it involves compromising some aspects of sovereignty. These trajectories continue with ASEAN Charter and ECOWAS Revised Treaty that transformed the organisation into a parliamentary structure with Court of Justice. By examining these dynamics, this paper sheds light on the nuanced relationship between sovereignty and regional integration, providing insights into governance and decision-making processes in ASEAN and ECOWAS. [ABSTRACT FROM AUTHOR]

During the last few years Russia has repeatedly evoked the doctrine of the protection of nationals abroad in all cases when it has resorted to the use of force. Russia's invocation of this doctrine has been harshly criticized, mainly because it has been deemed as a neo-hegemonic interpretation thereof. That is, several deprecating remarks over Russia's policy have been made, given that it has treated the doctrine as a tool to achieve its neo-imperialistic goals, in essence repudiating all the legal developments that had taken place from 1945 onwards. The invasions of Georgia in 2008 and Ukraine in 2014 further resulting in Crimea's illegal annexation, as well as the 2022 ongoing war against it, all relied more or less on the alleged danger to Russian nationals in the invaded areas. This paper will explore Russia's invocation of the doctrine in the ongoing war against Ukraine. It will examine whether there are sufficient legal bases on these grounds, and it will demonstrate how Russia disregards the doctrine's interpretation after the entry into force of the UN Charter promoting a hegemonic reading thereof. It will argue that the state's policy shows the emergence of a new pattern regarding the forcible protection of its nationals abroad, which has endured for the last two decades. Finally, it will propose that continuity in such state practice is a constant threat to the former Soviet Union countries' sovereignty, while it questions the very notion of their citizens' nationality rights. [ABSTRACT FROM AUTHOR]

This paper investigates the complications experienced by Switzerland and Spain in administering the European Charter for Regional or Minority Languages (ECRML). The Charter is a vital legislative instrument for defending the varied languages across Europe. The paper digs into the problems encountered, including concerns with ratification, sociolinguistic obstacles, resource limits, and linguistic variety. The research highlights the need to maintain language rights while encouraging multilingualism. [ABSTRACT FROM AUTHOR]

Copyright of World Tensions / Tensões Mundiais is the property of Observatorio das Nacionalidades and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

In 2009, Justice Kirby was appointed a member of a high-level group tasked with identifying the "common values and aspirations" of this unique body. Chaired by Tun Abdullah Badawi (past PM of Malaysia) and including Sir Malcolm Rifkind (past UK Foreign Secretary) and 7 others the group recommended adoption of a Charter to support cohesion, and justification, to Commonwealth membership. Justice Kirby drafted a first text on Qantas paper napkins on the long return journey to Australia. The recognised proposal was signed into force by Queen Elizabeth in 2013. It guarantees democracy, human rights, tolerance, respect and understanding, freedom of expression, separation of powers, rule of law and other values and aspirations. On Monday 9 October 2023, Justice Michael Kirby addressed The Sydney Institute to elaborate on how the Commonwealth Charter came about. [ABSTRACT FROM AUTHOR]

The paper observes the Russian aggression against Ukraine in the context of the United Nations system of maintenance of international peace and security, analyzing both the functionality of the UN bodies in performing their functions under the UN Charter, as well as observing the conflict in light of the UN Charter provisions on the use of force and self-defense, and in light of some other possible grounds for the use of force, not provided by the UN Charter. The paper demonstrates how the persistent problem of the Security Council deadlock, which manifested itself also in the case of the Russian aggression on Ukraine, has led to the General Assembly assuming the primary role in maintenance of international peace and security. The Ukrainian crisis has thus revived the debate on the long-awaited structural reform of the United Nations, but also on the revisiting the existing rules on the use of force, primarily the right to self-defense, which is too easily being used by states as a pretext for their unlawful actions. [ABSTRACT FROM AUTHOR]

Purpose: This paper aims to explore the prospects and the challenges of Islamic fintech in Indonesia. This study also proposes a comprehensive legal framework to encourage and accelerate the growth of the Islamic economy. Design/methodology/approach: This study is the result of legal research with a statute approach and conceptual approach. The types of data used are legal materials consisting of primary legal materials and secondary legal materials. The technique of collecting legal materials is done by using library research techniques. The legal materials were analyzed using the legal norm method. Findings: Indonesia is a country with the largest Muslim population in the world. However, the market size of Indonesia's Islamic fintech is still below Saudi Arabia, Iran, United Arab Emirates (UAE) and Malaysia. Saudi Arabia's Islamic fintech is the biggest market in the world, with $17.9bn worth of transactions in 2020 while Iran is at $9.2bn, UAE $3.7bn, Malaysia $3.0bn and Indonesia $2.9bn. This condition was due to various challenges in the Islamic fintech industry in Indonesia, including inadequate regulations; complicated permit procedures; misuse of fintech for financing terrorism; rampant occurrence of illegal fintech businesses; and consumer disputes in the fintech sector. These challenges require the construction of a comprehensive legal framework through the formation of an Act on Fintech. Research limitations/implications: The focus of this research was limited to the problems occurring in the Islamic fintech sector in Indonesia as a country with the largest Muslim population in the world. Practical implications: The results of this research can be used as recommendations for the formulation of comprehensive policies for the growth and development of Islamic fintech. Social implications: Islamic fintech requires a comprehensive legal framework that functions to encourage the development of the Islamic fintech industry, digital economy growth and legal mitigation of various legal risks and misuse of fintech for financial crime and financing terrorism. Originality/value: This paper proposes an original idea of creating a legal framework in a form of the Islamic Fintech Act. The Act should cover such legal substances as follows: Islamic compliance; an integrated one-stop permit procedure; division of authority, coordination and synergy among authorities; prevention and resolution of digital financial system crisis; criminal sanctions; and consumer dispute resolution mechanisms and alternative institution for fintech consumer dispute resolution. [ABSTRACT FROM AUTHOR]

The Digital Finance/Fintech Action Plan and the Sustainable Finance Strategy both represent important pillars of the current EU policy agenda. Nonetheless, the two areas have been treated as separate for a long time, while they present certain common features and great potential when combined. In particular, Fintech appears able to respond to some shortcomings in the current sustainable finance framework (e. g. access to retail financing, ESG disclosure, verification and ratings, etc.). The relevance of the link between sustainability, finance and technology has also been evidenced by the COVID-19 pandemic crisis, which has urged all countries to re-think the models traditionally deployed and rely more on technology and sustainability. However, Fintech/digital finance still raises per se relevant technical and legal issues that need to be addressed to fulfil its promises and potential in the sustainable finance sector. The present paper aims at starting a debate about "Green Fintech" in order to effectively connect the two worlds and spur the research in such a new and promising area. Special attention will be also reserved to the recent proposal for a European Single Access Point for corporate financial and non-financial disclosure. [ABSTRACT FROM AUTHOR]

Social science can be a useful tool for courts when deciding upon issues relating to poverty, as it can provide information about the societal realities of the matter in question. This paper explores the use of social science evidence in poverty law-related Charter claims, looking at the specific example of Bedford v Canada (Attorney General). Bedford was a Charter application that ultimately struck down three provisions in the Criminal Code as unconstitutional because they interfered with sex workers' abilities to protect themselves against violence. Social science evidence played a vital role in the decision, demonstrating its effectiveness in these types of claims. The Supreme Court of Canada also made two important rulings in Bedford that increased the Court's recognition of the legitimacy of social science facts. This paper concludes that social science evidence is an essential aspect of many poverty-related Charter claims and that a solution should be found for ensuring that there is funding available for impoverished persons bringing these claims. [ABSTRACT FROM AUTHOR]

This paper examines the legal framework in the field of fundamental rights in the European Union. The main focus will be to depict the position of the fundamental rights in the peculiar legal system of the EU and do so by listing the relevant legal acts and following the evolution of the EU. It will include the Treaties, the Charter of Fundamental Rights in the European Union and secondary legislation. This paper will also analyse the role of the Charter and its prominence on the protection of fundamental rights in the EU. Also, the paper will look at the potential implications that may arise in the future of the EU or in relation with the Member States of the Union. [ABSTRACT FROM AUTHOR]

This paper develops a critical normative analysis of charter schools. It categorizes and evaluates the main arguments in defense of charters: market competition, improved learning outcomes, autonomy and innovation, and their potential to function as "counterpublics." After finding each argument wanting, the paper proposes a tripartite critique of charters based on (i) their deleterious effects on social solidarity, (ii) the procedural injustice involved in access, and (iii) their substantively unjust outcomes. We show how charter schools undermine social and political solidarity by fragmenting communities into more homogenous subsets. Although they purport to be equally open to all, charters covertly rely on morally arbitrary characteristics such as class, race, and disability in admissions. Finally, we argue that they unfairly reduce the quality of education for some students, thus resulting in substantively unjust outcomes. [ABSTRACT FROM AUTHOR]

Western scholarship has studied the mid-fourteenth-century cataclysm of the Black Death for centuries. In contrast, due to the limited number of contemporary narrative sources, in East Central Europe, until recently historians discussed it only marginally. In the past decades, not independent of the emergence of new methods, such as archaeogenetics and palynology, and novel approaches to studying the Black Death such as climate and environmental history, scholars have increasingly turned to the analysis of the multiple waves of the second plague pandemic in this region. Recent studies have drawn attention to the apparent lack of data on the Black Death in the region while pointing to the potential role of the later waves, such as the pestis secunda and tercia, as well as later medieval and early modern recurrences of the epidemic in the historical demography of Bohemia, Poland, and Hungary. The paper provides an overview of the written evidence of the Black Death in Hungary and publishes in extenso some of the most important documentary evidence of the episodes of the epidemic in the Kingdom of Hungary. It argues that, unlike in the case of Bohemia and Poland, the first wave of the plague can be relatively well pursued by a critical analysis of the written evidence. [ABSTRACT FROM AUTHOR]

Copyright of Studia Historica Brunensia is the property of Masaryk University, Faculty of Arts and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Article 43 of the African Charter on the Rights and Welfare of the Child mandates state parties to report on their efforts made towards implementing treaty provisions to the African Committee on the Rights and Welfare of the Child (ACERWC). The aim of this process is to afford states an opportunity to internally assess their progress and to grant the ACERWC an opportunity to guide states in the implementation of the treaty provisions through constructive dialogue during the state reporting process and through concluding observations which states are required to implement. While much has been written about the value of the state reporting process, not much has been said about the measures taken by states to implement the concluding observations from the state reporting process. The concluding observations offer a premise on which to advance a discourse on state implementation of the regional norms, given that they emanate from an incisive reflection of state parties' reports by the ACERWC. This paper finds that while the ratification of the African Children's Charter by the countries under consideration has led to normative and institutional changes in these countries, there are pertinent challenges that need to be addressed in the realisation of children's rights in Africa. Through the concluding observations, this paper examines the domestic implementation of children's rights in four African countries, namely: Kenya, Nigeria, South Africa and Egypt. [ABSTRACT FROM AUTHOR]

Purpose: This paper aims to elaborate the reasons why Indonesia needs Law on Fintech. This paper also identifies the flaws in the existing regulations and policies on Fintech, and it also proposes an ideal framework for a fintech law as a strategy to strengthen consumer protection and to accelerate the growth of the digital economy in Indonesia. Design/methodology/approach: This is normative research with a legal approach. Data were collected through a literature study and analyzed using legal norm method. Findings: The promising potential and growth of the fintech industry in Indonesia need to be supported by a sound legal framework in the form of Indonesian Law. In regards to fintech, Indonesia does not yet have a specific law on fintech. Existing regulations in the Bank of Indonesia Regulations (PBI) and Indonesia Financial Services Authority Regulations (POJK) only regulate the technical aspects of the industry, thus providing a less sound legal power. Bank of Indonesia (BI) and Indonesia Financial Services Authority (OJK) have limited authority in the making of regulations and the regulations produced by these institutions cannot stipulate criminal provisions. This results in inadequate consumer protection measures. The Investment Alert Task Force reported 2,018 illegal P2P lending, 472 illegal investment companies and 69 illegal pawnbrokers. The accumulation of online lending transactions in December 2019 reached a total of IDR81.50tn, seeing a 259.56% increase from the previous year. Meanwhile, the amount of bad debt reached IDR13.6tn, seeing a 169.48% increase. These reasons illustrate how urgently Indonesia needs Fintech Law. Research limitations/implications: This research only examines the existing Fintech regulations in Indonesia. The approach method used is normative legal research. Practical implications: This research is expected to be useful for The House of Representatives of the Republic of Indonesia (DPR), the Ministry of Law and Human Rights, the Indonesia Financial Services Authority (OJK) and Bank of Indonesia (BI) in drafting the Fintech Law. Social implications: This research is expected to increase protection for consumers, investors and providers of fintech services and accelerate the growth of the digital economy in Indonesia. Originality/value: Regulating fintech in the Indonesian Law is meant to give legal certainty and better legal protection for consumers, investors and providers of fintech services. Seeing that the value of the Indonesian digital economy in 2019 has reached USD40bn (approximately IDR586tn), Indonesia is philosophically, juridically and sociologically in urgent need of Fintech Law. [ABSTRACT FROM AUTHOR]

Norman Gash (1912–2009), the leading authority on the 'age of Peel', died on 1 May 2009, having left instructions to his daughters that the bulk of his private correspondence and personal papers should be destroyed. A small exception was made in respect of material relating to Sir Robert Peel (1788–1850), the subject of his most famous historical and biographical labours. A collection of papers and correspondence was bequeathed to the Peel Society at Tamworth, on strict condition that it should never be sold.1 Among the 'Gash Bequest' was a hitherto unpublished essay on 'The Economic Achievement of Sir Robert Peel 1841–1846'. Typed in characteristic style on Gash's Remington typewriter, with only occasional manuscript insertions, the essay aptly summarises the position which he had developed in the final volume of his biography of Peel, the second volume of which was published 50 years ago this autumn.2 The essay is republished below as written, without any supporting notes or references. It acts not only as a commemoration of the half‐century since Gash's life of Peel was completed, but of the 40 years which have elapsed since he published an equally ground‐breaking article on the Conservative Party in the first volume of Parliamentary History.3 [ABSTRACT FROM AUTHOR]

Over recent decades, heritage conservation has developed in concept and scope. This paper uses a systematic literature review approach to collect charters and documents on heritage conservation issued by UNESCO and ICOMOS, divided into two periods, before 2000 and from 2000 to the present, for analysis from a qualitative perspective. The study results show that the scope of architectural heritage is expanding, and the definition of conservation is changing from individual to holistic conservation and from holistic to sustainable conservation. The focus of conservation has evolved from tangible to intangible attributes. The changing scale of conservation, from object to landscape, incorporates a more comprehensive range of heritage values, and the status of conservation has changed from static to living conservation. This study systematically structures the development of the concept of architectural heritage conservation, providing insight in the international field of architectural heritage conservation and encouraging reflection on the conservation of architectural heritage in historic cities. [ABSTRACT FROM AUTHOR]

The paper presents a list of sixty-nine forged charters containing English produced following the Norman Conquest of 1066. The list can be considered a supplement to The Production and Use of English Manuscripts 1066-1220 (Da Rold et al. 2010) - a project conducted jointly at the University of Leeds and University of Leicester collecting all known texts containing English, in order to provide an insight and allow research into "transitional", post-Conquest English. The paper outlines the significance of charters in the Medieval world, and discusses some key issues and misconceptions related to studying this period in the history of the English language. [ABSTRACT FROM AUTHOR]

Purpose: Interventions are essential for the management of built heritage because they extend the lifespan of buildings and enable them to be enjoyed by multiple generations. International organisations and institutions, such as UNESCO and ICOMOS, have adopted doctrinal documents over time, stimulating best practices in built heritage management worldwide. Although these documents are often referenced in academic work, they are seldom systematically researched. Which interventions are referenced or omitted? Are they defined? What trends are noted in the understanding of best practices as interventions? Design/methodology/approach: This research consists of a systematic content analysis of nine international doctrinal documents, which were selected from nearly seventy international doctrinal documents—mainly adopted by UNESCO and ICOMOS. The main aim is to reveal and compare the concepts used for reference interventions and further use the definitions to reveal and discuss the relationships between them. The trends of these interventions being used were determined based on the frequency of mentions per intervention term in the selected documents. Findings: Regarding the definition of the intervention concepts, there are three main findings. First, instead of being treated as a single concept, 'conservation' has been presented as an umbrella concept for other interventions and thus has been the most popular concept since the first version (1992) of the New Zealand Charter was implemented. In contrast, 'preservation' remains a single concept, among the highest scales, to maintain the integrity of built heritage, including use. Second, 'repair' was found to play a paradoxical role between 'restoration' and 'reconstruction', which created divergent opinions in the documents. Third, since the notions of 'use' have expanded from the functions of monuments (International Charter for the Conservation and Restoration of Monuments and Sites: The Venice Charter, 1964) to the 'associations of places' (The Burra Charter: The Australia ICOMOS Charter for Places of Cultural Significance, with associated Guidelines and Code on the Ethics of Co-existence, 1999; The Burra Charter: The Australia ICOMOS Charter for Places of Cultural Significance, 2013), which include activities, traditional habits, accessibility, etc., the complexity of mentioning different forms of 'use' has led to some (re)interventions, such as 'adaptation', 'adaptive reuse', and 'rehabilitation', being put into grey areas and used interchangeably. Originality: This research advances the current understanding of intervention concepts and their relationships, as well as differences and similarities in definitions. [ABSTRACT FROM AUTHOR]

The role of the Council of Europe (CoE) in tobacco control remains largely unexplored. This paper aims to fill this gap, focusing on the CoE's European Social Charter. Article 11 of the Charter protects the right to health, and adequate tobacco control measures are necessary to respect this article. This paper examines the potential and limits of the Collective Complaints procedure, one of the two monitoring mechanisms of the Charter, as a means to evaluate the compliance of national tobacco control measures with Article 11. It demonstrates that, so far, this mechanism has never been used in this way. However, although the Collective Complaints procedure presents several drawbacks, it should not be underestimated. Indeed, it possesses certain features, such as the collective nature of the complaint and the lack of the requirement of the exhaustion of domestic remedies, which might make it a particularly suitable tool for the abovementioned purpose. [ABSTRACT FROM AUTHOR]

In this paper, we draw upon in-depth interviews with teachers and administrators in 18 unionized charter schools around the country to investigate teachers' motivations for unionization. Our results suggest that while mismanagement and distrust are often the proximate cause of charter unionization efforts, both material and purposive goals—greater job security and pay as well as increased voice in school decision-making—power organization drives and contract negotiations. Our evidence suggests unionization and collective bargaining agreements can create more transparency around pay and development, which teachers desired. But, sometimes unionization carried unanticipated risks for administrators—salaries increased faster than revenues and teacher development became constrained by newly formed collective bargaining agreements. [ABSTRACT FROM AUTHOR]

This paper examines a neglected aspect of the history of the early Royal Society. Though it's first two Royal Charters of 1662 and 1663 did not contain any religious-political restrictions, its 3rd Royal Charter of 1669 did. For the grant of an investment property in Chelsea, and the right to appoint more than one Vice President, the 3rd Charter restricted the sale of the property in Chelsea back to the Crown, and all Presidents and Vice Presidents were required to swear the Anglican religious-political state oaths of Allegiance and Supremacy before admission to the positions. Thus the Royal Society, for the first time, was placed under a similar oaths system as those covering state, corporation, and religious organizations. The paper analyses the chaotic events leading up to the passing of the 3rd Charter: the impact of the Fire of London, the Royal Society's move to Catholic aristocrat Henry Howard's Arundel House, its failed plan to build a permanent 'college' there, and its forced acceptance of both the oaths and the non-alienation of Chelsea College. The paper concludes with the aftermath, the replacement of the oaths by a statutory declaration in 1835, through an Act of Parliament. [ABSTRACT FROM AUTHOR]

This paper argues that the 100% money proposal of the 1930s should not (as is often the case) simply be considered as an avatar, extended to deposit currency, of the Currency School's reform prescriptions. The English Bank Charter Act of 1844, indeed, conveyed a double rejection: it not only sought to divorce the issuing from the lending of money, but also to prevent all kind of monetary management, by enacting a specific issuing rule (the "currency principle") into law. The 100% money proposal, in contrast, was designed independently of any monetary policy recommendations, leaving open the debate of "rules versus discretion". [ABSTRACT FROM AUTHOR]

This paper describes the construction and annotation of the Late Latin Charter Treebank, a set of three dependency treebanks (llct1, llct2 and llct3) which together contain 1,261 Early Medieval Latin documentary texts (i.e., original charters) written in Italy between ad 714 and 1000 (about 594,000 tokens). The paper focusses on matters which a linguistically or philologically inclined user of llct needs to know: the criteria on which the charters were selected, the special characteristics of the annotation types utilised, and the geographical and chronological distribution of the data. In addition to normal queries on forms, lemmas, morphology and syntax, complex philological research settings are enabled by the textual annotation layer of llct, which indicates abbreviated and damaged words, as well as the formulaic and non-formulaic passages of each charter. [ABSTRACT FROM AUTHOR]

Copyright of Collected Papers of Zagreb Law Faculty / Zbornik Pravnog Fakulteta u Zagrebu is the property of Sveuciliste u Zagrebu, Pravni Fakultet and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Contracting is an integral part of project management. The contract stipulates the legal and commercial relationship between the two engaging parties. The dynamics of this mutual, contractual agreement is contextualized in the principle-agent theory. In practice, the effectiveness of executing the contractual agreement is dependent on relationship management between the principal and agent, which does not necessarily form part of the formal agreement. This paper aims to identify variables that define the principle-agent relationship and formulization of that in a relational charter. A conceptual model is developed to assess the validity of the agency and relational variables and their interrelationship towards the formation of a relational charter. This paper provides insight into the literature review and conceptual model to be used in field research. [ABSTRACT FROM AUTHOR]

This paper takes a close look at the relationship between academic freedom and the Charter right to freedom of expression, and argues in favour of extending Charter protection to academic freedom, either directly or through the prism of "Charter values". Such an approach, the author contends, would counter what have recently been shown to be weaknesses in the existing protections for academic freedom. These weaknesses include variations in the definition of academic freedom across institutions governed by separate collective agreement, the differential impact of legislation enacted in several provinces regarding academic freedom, and the relative paucity of jurisprudence on academic freedom outside the arbitral forum. The legal analysis followed by courts in dealing with freedom of expression would be readily transferable and adaptable to cases involving academic freedom. Furthermore, the author argues, the application of Charter principles would generate a consistent body of case law that appropriately balances the complex competing interests at play, such as institutional autonomy and the right to be free from harassment and discrimination. [ABSTRACT FROM AUTHOR]

Previous research offering a comprehensive overview of digitalisation in maritime transport is limited. In this paper, the authors use several cases to examine digitalisation's role in the chartering business. The applications of innovative digitalisation to enhance efficiency in the shipping business are presented analytically. Special emphasis is given to the role of the e-bill of lading in the bulk and liner markets. The advantages, disadvantages and legal barriers of the e-bill of lading are examined thoroughly for both markets (bulk and liner markets). The research follows a qualitative case study approach. It shows that although digital technologies offer important advantages in the chartering business, many legal barriers still need to be overcome. The findings fill the gap in the literature and assist maritime professionals and shipping companies in understanding the necessity of digitalisation in chartering business. [ABSTRACT FROM AUTHOR]

This paper explores the thorny mingling of law with qualitative social science methodologies through the lens of the 2010–11 Supreme Court of British Columbia Charter Reference on polygamy, which was conducted to determine whether the criminalization of polygamy was consistent with the Canadian Charter of Rights and Freedoms. The Reference reveals how the marginalization of qualitative research(ers) effectively controlled whose voices were to be heard and whose were to be silenced in the broader project of sovereign intervention into family formation. With specific focus on Professor Angela Campbell, who provided expert opinion testimony in the Reference, this paper reflects on two important questions: when social science is invoked in legal settings, whose knowledge is legitimized, and who benefits from this legitimization? Drawing upon the longstanding feminist project of deconstructing assumptions of value-neutrality in all science, this paper considers how qualitative, feminist research(ers) may be inherently at odds with law's quest for (rational) "truth." [ABSTRACT FROM AUTHOR]

Norman Gash (1912–2009), the leading authority on the 'age of Peel', died on 1 May 2009, having left instructions to his daughters that the bulk of his private correspondence and personal papers should be destroyed. A small exception was made in respect of material relating to Sir Robert Peel (1788–1850), the subject of his most famous historical and biographical labours. A collection of papers and correspondence was bequeathed to the Peel Society at Tamworth, on strict condition that it should never be sold.1 Among the 'Gash Bequest' was a hitherto unpublished essay on 'The Economic Achievement of Sir Robert Peel 1841–1846'. Typed in characteristic style on Gash's Remington typewriter, with only occasional manuscript insertions, the essay aptly summarises the position which he had developed in the final volume of his biography of Peel, the second volume of which was published 50 years ago this autumn.2 The essay is republished below as written, without any supporting notes or references. It acts not only as a commemoration of the half‐century since Gash's life of Peel was completed, but of the 40 years which have elapsed since he published an equally ground‐breaking article on the Conservative Party in the first volume of Parliamentary History.3 [ABSTRACT FROM AUTHOR]

The authors of the paper aim to provide a comparative insight into the financial autonomy of local self-governments in four Central European countries: Hungary, Slovakia, Poland, and the Czech Republic. The topic is presented through the relevant provisions of the European Charter of Local Self-Government, the only legally binding multilateral treaty in Europe addressing local self-governance. As all the four examined states are parties to the document, the authors used the outputs of its monitoring process to analyze the situation under all the relevant provisions of the Charter, paragraph by paragraph. Considering that certain provisions of the Charter enjoy a superior position compared to the others (core provisions), the authors formulated a hypothesis according to which, in the area of financial autonomy, these core provisions are the most problematic ones in terms of their successful implementation. Using analytical, statistical, and comparative methods, the authors concluded that the hypothesis was confirmed, as most shortcomings were identified in the fields covered by these provisions, meaning that besides the lack of sufficient resources, the lack of ability to influence the amount of these resources is also often present in the studied countries. [ABSTRACT FROM AUTHOR]

This paper studies the dynamic relationship between ship prices and operating profits by using the fact that these two factors are cointegrated. To conduct an empirical analysis, we select Panamax 76K 5-year second-hand prices and 1-year time charter rates, and then define their linear combination as a log price–charter ratio. We find that almost all variations in price–charter ratios correspond to changing expectations about future returns. This finding implies that the mean reversion in price–charter ratios arises mainly from ship prices as prices tend to move toward operating profits. The implication is that price–charter ratios can be used to schedule ship investment timing. When unexpected down-side risks occur, one preemptive action to minimize additional losses is to lower vessel exposure right away before ship prices plummet in accordance with movements in the freight market. [ABSTRACT FROM AUTHOR]

A great deal of prior literature on corporate governance in China has asserted that state-owned enterprises (SOEs) are inefficiently run and badly governed—either worse than privately-owned enterprises (POEs) or just as bad. There is, however, no solid empirical evidence that underpins either claim. Using a unique, hand-coded dataset on corporate charter provisions with a random sample of nearly 300 publicly listed Chinese firms, this paper demonstrates that political hierarchy, state shareholding level, and political compliance are key factors in the governance and performance of Chinese SOEs. The corporate governance of SOEs that are firmly controlled by the Chinese central government favours minority shareholders, whereas that of SOEs firmly controlled by provincial governments appears to be less protective of them. Overall, SOEs, particularly those controlled by the central government, do not perform any worse than POEs, as measured by Tobin's Q. Nonetheless, more politically compliant firms do perform worse. [ABSTRACT FROM AUTHOR]

Section 7 of the Canadian Charter of Rights and Freedoms has led to some groundbreaking wins for Canadians. However, its life, liberty, and security of the person guarantees are not currently expansive enough to truly protect the interests of marginalized claimants. Furthermore, the equality protections guaranteed by section 15 of the Charter are often insufficient for marginalized claimants due to unsettled jurisprudence. In response to the need for novel claims to alleviate complex systemic problems, this paper advocates for the introduction of equality as a principle of fundamental justice underlying the section 7 test. The equality conceptualized at the heart of this argument is intersectional and therefore inclusive of the various barriers that individuals face when attempting to protect their Charter rights. With this definition in mind, the paper considers four Supreme Court of Canada decisions--PHS, Boudreault, Gosselin, and Carter--to examine recent equality trends beyond section 15 of the Charter and consider the pressing need for equality as a new principle of fundamental justice. Finally, the benefits of the proposed principle are weighed against potential judicial concerns in order to suggest that balance will be necessary to satisfy opposing interests. The overall message here is not that Charter litigation can fix every need, but rather that everyone should have fair opportunities to advocate for their protected rights. [ABSTRACT FROM AUTHOR]

In our opinion, the international political and legal order of the 21st century will be marked not only by the consolidation of the national-state as a political actor (following the trend of economic and political nationalism, of reassertion of the nations), but also by the ascension of new political megaactors (the Civilizations), reflecting a neo-realist paradigm at global level. Thus, we must take into consideration that the contemporary world is already fundamentally shaped by the objective processes of globalization, as the nation-state must adjust and find new ways to face the challenges of this globalized world. With the advance and consolidation of the processes of objective globalization (with the enhanced exchanges of goods, of know-how, with the increase in and expansion of connectivity among cities, continents, and different cultures), not only will the nation-states react (fighting to keep their identity and traditions), but a new kind of 'global gladiators' will appear (the civilizations, mega-actors which will have a fundamental influence on the political-legal order of the 21st century). The present paper will analyse a few of the mechanisms, institutions, and political-legal methods of structuring and functioning of this order, from the standpoint of the "dialogue among civilizations" paradigm, as an alternative to the "conflict among civilizations" paradigm. In our opinion, the Global Mediator for Civilizations would be one of the global institutions required to harmonize the world of civilizations and to solve their issues. The Global Mediator for Civilizations would operate based on an underlying Charter for Peaceful Coexistence of Civilizations, acknowledged by the great civilizations of the 21st century, i.e. political mega-actors - entities also born from the creation of civilizational alliances among states which identify themselves as members of a common civilizational area). In the present paper, the civilization is a political entity, as well as a legal entity, with the capability to take on a specific set of rights and obligations at global level, based on certain legal documents signed by the High Representatives of the Civilizations. [ABSTRACT FROM AUTHOR]

The principle of the rule of law has progressively become a dominant organizational model in the modern national and international constitutional law as well as in the national states and international organizations to regulate the exercise of their public powers. The rule of law has been proclaimed as one of the three intertwined and partly overlapping core principles of the Council of Europe and the EU, together with the democracy and the human rights. This close relationship between the rule of law and the democratic society has been underlined by the European Court of Human Rights through different expressions: "democratic society subscribing to the rule of law", "democratic society based on the rule of law" and, more systematically, "Rule of law in a democratic society". Having in mind the importance of the principle of the rule of law in the Macedonian society and state, this paper will give a detailed overview of the European standards related to the principle in general, on one side, and violations against it in the current Macedonian political and constitutional system. The paper will analyze in depth the legal anomalies that occurred during the process of negotiating and concluding the so-called Prespa Agreement between the Greek and the Macedonian national authorities, as well as the negative implications that the Agreement has caused in context of respecting the principle of the rule of law. The paper will explain all infringements of the national and international law enacted by the Agreement and the possible solutions for their overcoming. The EU and the UN international documents and laws stipulate a sanction in case when certain bilateral or international problem is trying to be solved with bad intentions, meaning through direct violation of the basic rules and principles of the international law and of the jus cogens norms. [ABSTRACT FROM AUTHOR]

Due to the war against Ukraine, the European Union Temporary Protection Directive, establishing a new migration status of temporary protection, was activated for the first time. The substance of the minimum requirement for providing healthcare services in the Directive appears unclear but is supposed to correspond to human rights standards. This article analyses the standards established in the European Social Charter (revised), recognising several health-related rights. The paper clarifies the material scope of health-related rights and analyses to what extent the Charter applies to persons enjoying temporary protection. The application of health-related rights in the Charter varies depending on citizenship, whether refugee status was additionally sought, and whether a person is seen as a resident or regular worker. The study indicates ambiguity in the position of this group and how the European Social Rights Committee may include it in the scope of protection. [ABSTRACT FROM AUTHOR]