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While major advances have been made over the past years in comparing citizenship laws globally, most measures remain restricted to the law-on-the-books. Knowledge about the implementation of these laws remains limited. This poses the question to what extent these measures correspond with the law as experienced by targeted populations. In order to overcome the implementation gap when comparing and measuring citizenship law globally, this paper addresses the question of how to gain a coherent understanding of implementation. Developing a comprehensive typology, the paper distinguishes three crucial elements of implementation: (1) the entry into force of legal provisions (capturing the applicable state of citizenship law), (2) the interpretation of law (the specific interpretation of legal provisions used by the authorities responsible for their execution), and (3) the application of law (executing legal provisions in practice by the authorities). Subsequently, the paper illustrates how this typology can be applied to the analysis of citizenship law implementation by a case study of dual citizenship acceptance, focusing on the renunciation requirement for naturalisation and dual citizenship treaties. The paper concludes by outlining directions for a comparative research agenda that better corresponds with the lived experience of citizenship laws. [ABSTRACT FROM AUTHOR]

Abstract, To dare is to risk, and to err is to blunder. I suggest that the neologism “to derr” can helpfully refer to the audacious inscription of deliberately erroneous and therefore fictitious information, which is the literary strategy that I discreetly pursued in my Negative Comparative Law: A Strong Programme for Weak Thought (Cambridge: Cambridge University Press, 2022). In this way, I sought to enhance the literarity and the correlative depositivization of the comparative enterprise in law. This essay probes this initiative and explains how it must withstand disqualification as mere whimsy. [ABSTRACT FROM AUTHOR]

This study aims to prescribe the importance of rethinking the regulation of the execution of simple lawsuits in the justice system in Indonesia, considering that simple lawsuits have many advantages as an alternative for resolving civil and business disputes. This research is normative legal research with a law approach, a conceptual approach, and a comparative law approach. The countries used for comparison are Singapore, the Netherlands, and the United States. The study results show that legal uncertainty regarding the mechanism of the simple lawsuit court decision is a factor that must be considered if you want a simple lawsuit to be one of the models of dispute resolution in the business and civil disputes that exist in Indonesia. This should be the homework of the government or the Supreme Court in establishing clear rules regarding the procedure for executing a simple lawsuit. This is important to provide clarity and legal certainty for the parties. [ABSTRACT FROM AUTHOR]

Like a recent epidemic, child marriages are prevalent not only in Indonesia but also in Pakistan. Even though both countries have ratified CEDAW and have laws and regulations governing the age of marriage. However, the BPS data (2020-2022) shows that the number of underage marriages are still high in several regions, with up to 34,000 applicants for marriage dispensation in 2022 in Indonesia. Likewise, the phenomenon also occurs in Pakistan, as its Human Rights Commission in Lahore in 2022 stated that at least 99 cases of child marriage were reported to them. Why is it difficult for the two countries to suppress the number of child marriages? Is it because the age limit for marriage is not Islamic? And what are the countermeasures from a gender perspective? Using the comparative method of laws in Indonesia and Pakistan from secondary sources, it can be concluded that these two countries are predominantly Muslim. Although the legal systems used in both countries are plural, where the law of marriage is still strong in Islamic law, and regarding the application of the marriage age, both the countries have attempted to have an age limit. Even though in the Islamic conception there is no age limit for marriage and only aqil and baliq are required, which according to most scholars stipulate that the age of aqil baliq is not the same as one another. This shows that the age limit for marriage is very Islamic because it is for the benefit of the child. Apart from that social culture poverty and promiscuity also contributed to the increase in the number of underage marriages. Therefore, it is necessary to fulfill the legal awareness of all parties, especially law enforcement in overcoming the negative impact on children’s rights (especially girls). [ABSTRACT FROM AUTHOR]

Effective and timely performance of duties by law enforcement officers under martial law is an important step on the way to restoring law and order disturbed by the armed conflict. The aim of the study was to analyze the structure of the mechanism of administrative law governing the activities of law enforcement agencies under martial law. The multipleaspect research object determined the use of a wide range of methods, such as the comparative analysis and the method of comparative law. In this sense, implementing measures by the police to provide a technical forensic examination of the scene upon the discovery of suspicious explosive devices and ammunition is considered effective for ensuring law and order during martial law. During an armed conflict, the law enforcement officers carry out their activities in compliance with the provisions of administrative law governing law enforcement activities under martial law. A coordinated structure of law enforcement agencies during martial law helps to establish law and order and observe human rights and freedom. Further research on the activities of law enforcement agencies under martial law may focus on developing practical recommendations regarding the effectiveness of police activities, and these may be demining the territory and inspecting the scene by the police in the event of the discovery of explosive devices. [ABSTRACT FROM AUTHOR]

Through the analysis of the ICC's procedural jurisprudence related to Article 21(1)(c) of the ICC Statute, this article examines how the ICC has used domestic laws. To fill a legal gap in its instruments, the ICC "shall apply [...] general principles of law derived by the Court from national laws of legal systems of the world including, as appropriate, the national laws of States that would normally exercise jurisdiction over the crime" (Article 21(1)(c)). The ICC has not directly applied specific domestic laws. Instead, it has used domestic procedural legal sources to derive general principles of law as a subsidiary applicable legal source and mainly when the ICC's Judges are trying to fill legal gaps in the ICC's legal instruments based on comparative law approaches. Thus, the present article shows how outdated the idea of domestic law as a fact has become, and the variety of functions domestic law plays currently in international courts and for international adjudicators. [ABSTRACT FROM AUTHOR]

In the study of special languages and translation, the legal field is often insulated from other domains. This is primarily due to the extreme system dependence of the terminology of law, which results from a lack of a common legal system of reference throughout the world. The abstract nature of this human-made field and its dynamicity in view of the continuously evolving case law and constant changes in legislation make it difficult to illustrate its complex ontology through traditional terminology management techniques. Therefore, this paper argues for an interdisciplinary approach to constructing the ontology of legal concepts based on structural constituents from frame semantics and comparative law. Frames allowing for the representation of interconnected knowledge segments evoked by legal concepts and the distinction between micro- and macro-dimensions in legal comparison research make it possible to capture the complex ontology of legal terminology evoked in a specific point in time and a determined legal context. The ontological knowledge structure will be exemplified by terms from German social, commercial, employment, and tax law. [ABSTRACT FROM AUTHOR]

In many European legal systems, the provisions of medical legislative acts impose directly on healthcare professionals an obligation to act with due care. This imperative may be considered a basic principle of practising all medical professions, and even a generally accepted principle of medical law. Due care is the manner of conduct by medical professionals that meets the requirements contained in an objective and external standard of conduct created for each specific obligational relationship. Despite the differences between European legal systems, from a comparative perspective it is possible to notice similar factors taken into account when determining the standards of due care in medicine. This is because the conduct of medical professionals is largely determined by actual state of medical knowledge, medical standards and deontological codes relating to all medical professional activities. The aim of the article is to discuss in detail these issues in comparative perspective. [ABSTRACT FROM AUTHOR]

Indonesia and Singapore are neighbouring countries with vibrant economic relations. Despite the geographical proximity, the legal systems in both countries are strikingly different. The author suggests that the most influencing factor of a country's legal system is often its former colonial master. Singapore (a former British colony) applies the common law legal system while Indonesia (a former Dutch colony) applies the civil law legal system. Chan and van Rhee suggest that the differences between the two legal systems are often exaggerated, but differences remain. This paper sets out these differences with a focus on the judges' role in taking evidence in civil proceedings, given the inevitable fact that disputes would arise among the business players of the two countries and that taking of evidence is an essential part that may be decisive to the outcome of a dispute. Doctrinal and comparative methods will be used, namely through analysing various procedural laws as found in the statute, case laws, as well as commentaries. This paper contributes to the scant collection of comparative literature on the two legal systems and assists business players in understanding better the procedures of taking evidence applied by the relevant dispute resolution forum that they can choose to resolve their commercial disputes. [ABSTRACT FROM AUTHOR]

Copyright of Lex Humana is the property of Lex Humana 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.)

Despite their increasing significance, Regional International Organizations (RIO s) have, thus far, received scant attention in international legal literature. In order to fill this gap, the International Law Association (ILA) Study Group (SG) on The International Law of Regional Organizations was launched in 2021 by the two editors of this special issue. This issue is an academic emanation of the comparative international law project conducted by the ILA SG. It serves two main aims: first, present the main results of the ILA SG's comparative international law exercise in an accessible and analytical format in the first contribution of the issue; and, second, gather individual contributions to address further selected conceptual, normative, historical and institutional questions pertaining to the external and internal practice of international law by RIO s. The present introduction provides the necessary conceptual and theoretical background to the discussion unfolding in the remainder of the issue. It addresses the topic and scope of this special issue, maps the state of the debate and relevance of the issue, and clarifies the structure and contents of the issue. [ABSTRACT FROM AUTHOR]

Copyright of Revista Jurídica Portucalense is the property of Revista Juridica Portucalense 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.)

Copyright of Revista Jurídica Portucalense is the property of Revista Juridica Portucalense 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.)

This article compares the patent eligibility of biological subject matters in China and the United States. It discusses the different approaches taken by the two countries in areas such as methods for diagnosing and treating diseases, genetically modified animals and plants, genetic resources, and human stem cells. The article acknowledges the cultural and traditional influences on their respective patent systems and explores potential areas for harmonization to promote global intellectual property protection and innovation in biotechnology. It also discusses the impact of patent laws on the dissemination of knowledge and suggests the need for balancing cultural values and promoting innovation. [Extracted from the article]

Copyright of Revista de Derecho Comunitario Europeo is the property of Centro de Estudios Politicos y Constitucionales 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.)

Copyright of KUL Journal of Legal Studies / Studia Prawnicze KUL is the property of John Paul II Catholic University of Lubin / Katolicki Uniwersytet Lubelski Jana Pawla II 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.)

Copyright of Strategic Universe Journal / Univers Strategic is the property of Dimitrie Cantemir Christian University, Institute for Security Studies 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.)

Copyright of Direito e Práxis is the property of Editora da Universidade do Estado do Rio de Janeiro (EdUERJ) 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.)

Copyright of Direito e Práxis is the property of Editora da Universidade do Estado do Rio de Janeiro (EdUERJ) 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.)

The purpose of the article is to identify effective alternative forms of labour dispute resolution based on the analysis of theoretical information and practical experience of their application in the modern world and the possibility of their use in Ukraine. The methodological basis of the work is the methods of analysis and synthesis, comparative law, logical and legal, abstract and logical methods, and the method of generalisation. The author identifies the features and advantages of using the main alternative forms of labour dispute resolution: conciliation, direct negotiations, mediation, arbitration, and mediation. The author examines the international experience of using alternative forms of labour dispute resolution (France, Bulgaria, Poland, and the United Kingdom). The reasons for the low prevalence of the use of alternative forms of labour dispute resolution in Ukraine are: lack of legislative regulation or gaps in it; low level of public awareness; lack of qualified specialists (arbitrators, mediators). The author identifies the appropriate measures for the effective implementation of alternative forms of labour dispute resolution in Ukraine, which will reduce the burden on the judicial system, and resolve labour conflicts more quickly, efficiently, and with lower material costs. [ABSTRACT FROM AUTHOR]

At the core of U.S. economic governance, there is a novel and under-noticed phenomenon that challenges longstanding frameworks of international law and corporate compliance. This practice, which this Article terms the new "trade policing," has extraordinary reach. Recent regulatory makeovers and pathbreaking statutes empower our trade agencies to target, for the first time, companies, rather than foreign governments, as used to be their purview. Trade police now pursue companies wherever they may be in the world, not just for violating U.S. law but also for violating foreign law in areas as diverse as labor rights and environmental protections. Such a regime may sound untenable, defying basic principles of jurisdictional authority. But new corporate trade policing is increasingly entrenched in international trade law. This repurposing of our trade enforcement system has the power to transform dramatically the global commercial system, the bargains it manages, the procedures applicable to it, and the rights and obligations of all involved. Drawing on a diverse set of agency communications, new legislation, and interviews with government officials, this Article surfaces this subtle but critical pivot in our cross-border commercial governance. It maps the institutional ascent of this revealed practice and argues that the practice was the product of disillusionment with the intellectual pedigrees of conventional trade law and developed in response to calls for more effective tools to combat vast corporate wealth and economic marginalization. The Article then evaluates trade policing in light of the progressive aims that policymakers have set for it, taking into account the many constituencies on whom the burdens fall unevenly. Through numerous examples across different regulatory policies, the Article shows not only that trade policing is happening, but also that it matters. This excavation exposes how our trade police do not operate like other forms of law enforcement or bureaucracy. Rather, trade policing occurs in considerable shadow and lacks hallmarks traditionally associated with administrative law. Still more troubling is that tactics like those in the U.S. arsenal bear close resemblance to the practices of authoritarian governments that seek to provoke acquiescence without process. The Article's assessment prescribes lessons for the several disciplines that trade policing touches, including for the way scholars and lawmakers conceive of which bodies of law, tools, and actors are best suited to manage international corporate behavior. Taken together, the Article makes four contributions. First, it identifies and illustrates the rise of the new trade policing. Second, it unpacks the distinct features of this novel corporate targeting and draws conclusions about its functions for the way we think about compliance with a wide range of public policies. Third, the Article offers a guarded defense of this complex work by our foreign commercial bureaucrats and analyzes the implications for trade law, administrative procedure, and governance. Finally, the Article demonstrates that, as a corporate accountability system, trade policing has leapfrogged efforts by fields with similar aims, and the policing tools we have so far are just the tip of the iceberg. [ABSTRACT FROM AUTHOR]

What is the role of the social sciences in international law? This article maps how international law interacts with the social sciences, including its concepts, findings, methods, and epistemologies. It provides a first encompassing genealogy of social science references in six renowned international law journals, including the American, Asian, European, Leiden, and Nordic Journal of International Law as well as the British International and Comparative Law Quarterly, by using a corpus linguistic approach that encompasses more than 15,000 documents from 1907 to 2022. Moreover, it explores how structural factors related to the institutionalization and funding of certain strands of social science-inspired international law scholarship have influenced regional and temporal patterns in Europe, Germany, and Australia. [ABSTRACT FROM AUTHOR]

Copyright of Muhasebe ve Vergi Uygulamalari Dergisi (MUVU) / Journal of Accounting & Taxation Studies (JATS) is the property of Ankara Serbest Muhasebeci Mali Musavirler Odasi 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.)

The study explores the UAE's legal framework for the protection of digital applications, examining their compatibility with criminal policy, judicial assessment, and government role. The investigation intricately examines the multifaceted aspects of this protection, including its inherent connection with criminal policy, the scope of judicial discretion regarding electronic evidence, and the pivotal role played by the UAE government in upholding these protective measures. It delineates, assesses practical application, and identifies enforcement entities. The study compares legal systems in Anglo-Saxon countries such as the UK and the USA, as well as in Latin countries such as France and Egypt. This study aims to endeavor to unearth nuanced findings and insightful observations and to strengthen measures to protect digital applications by studying technical aspects, legal implications, and criminal policy implications, and contributing to ongoing discourse on the protection of digital applications. Furthermore, it extends its scope beyond the mere technicalities, suggesting significant recommendations at the end, for the protection of digital applications with the legal spectrum. [ABSTRACT FROM AUTHOR]

Copyright of Revista Chilena de Derecho Privado is the property of Fundacion Fernando Fueyo Laneri 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.)

Purpose: The purpose of this paper is to determine whether there is any fundamental difference in the meaning of contract in these two legal systems by analysing some of the essential principles of contract particularly parties' agreement and consideration. Design/methodology/approach: This paper seeks to investigate the degree of equivalency of the term contract and its Islamic law counterpart "Aqd". To implement this task, it applies some comparative law techniques to examine certain contractual elements under common law and Islamic law. Findings: The argument that "contract" and "Aqd" are not equivalent is superficial, and it is not well-supported by concrete evidence. The examples used to build this argument are merely limited exceptions to the general principles of contract, and some of them even exist under both legal systems in a similar manner such as "deed" and "Hibah". Practical implications: The paper is of interest to legal practitioners and professionals working in cross-cultural or international contexts, as understanding points of conformity and disconformity between "contract" and "Aqd" can help in multiple ways. These may include negotiating international transactions, contract drafting and dispute-resolution processes involving parties from Western and Islamic law-based jurisdictions. It may also aid policymaking and lawmaking processes aiming to harmonize contract principles across different jurisdictions. Social implications: The research paper is important for public attitude, as understanding similarities and differences between "contract" and "Aqd" fosters mutual respect, tolerance and cooperation between individuals and communities adhering to different legal systems. Originality/value: There is a common belief that the term "contract" substantially differs from "Aqd", and it is by no means safe to presume that every "Aqd" qualifies as a contract. The current research introduces a new point view on the degree of conceptual equivalency of the two terms by showing resemblances in aspects relating to some contractual elements which have always been viewed as an area of divergence rather than convergence. [ABSTRACT FROM AUTHOR]

Copyright of Revista de Derecho Privado (0123-4366) is the property of Universidad Externado de Colombia, Departmento de Derecho Civil 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.)

Purpose: The lack of legal framework on corporate criminal liability (CCL) in Mauritius is a matter of concern with the growing number of corporate crimes. The purpose of the paper is therefore to provide a critical overview of the existing framework on CCL in Mauritius with the aim of underlining its deficiencies and lacunas. As a consequence, an attempt is made to compare the Mauritian model with the French one, so that salient features and characteristics of the French model of CCL can be borrowed into the Mauritian legal framework. Design/methodology/approach: This paper adopts the black-letter approach and the comparative research methodology. The legislative framework of Mauritius on CCL will be compared to the related laws of France with the goal of drawing lessons and inspirations for Mauritius, given that the French model of CCL is well established and highly effective. Findings: The mandatory application of the identification principle in CCL, inspired from the British common law, is a serious impediment towards successful criminal prosecution of companies responsible for criminal offences. In addition, the lack of clear legal provisions on substantive and procedural aspects of CCL is a matter of concern and demonstrates the dire need for legal amendments and action from the legislator as the paper discusses. Originality/value: To the best of the author's knowledge, this paper will be among the very first one tackling this area of law from a comparative perspective. The issue of CCL has indeed receive very little academic attention and this paper will help in filling the literature gap on this matter. It will also help future research on the matter for students, academics and corporate law practitioners. [ABSTRACT FROM AUTHOR]

How do the corporate laws of Global South jurisdictions differ from their Global North counterparts? Prevailing stereotypes depict the corporate laws of developing countries as either antiquated or plagued by problems of enforcement and misfit despite formal convergence. This Article offers a different view by showing how Global South jurisdictions have pioneered heterodox stakeholder approaches in corporate law, such as the erosion of limited liability for purposes of stakeholder protection in Brazil and India, the adoption of mandatory corporate social responsibility in Indonesia and India, and the large-scale program of Black corporate ownership and empowerment in South Africa, among many others. By incorporating broader public policy and distribution objectives into corporate law, heterodox stakeholderism can be interpreted as an institutional adaptation--be it sensible or misguided--to a context of high inequality and externalities that remain unaddressed through other areas of law. As the rise of inequality and growing distrust in the state's ability to tackle social and environmental concerns have brought the Global North closer to the Global South's realities, the resurgent interest in stakeholderism in the developed world constitutes a surprising form of "reverse convergence" that merits greater attention. Finally, heterodox stakeholderism in the Global South also responds to critical, but heretofore neglected, distributional implications of corporate law rules, such as limited liability for environmental harm caused by corporate subsidiaries, which tend to enrich Global North companies and investors at the expense of Global South victims. These findings have implications for ongoing debates in corporate law, comparative law, law and development, and business and human rights. [ABSTRACT FROM AUTHOR]

This article is devoted to the study of legal methods of comparative direction in the conditions of globalization. Special attention is paid to the question of the growth of the role of the comparative legal method, the methodology of its implementation, as well as the factors that determine the growth of its role. First, it was noted that after the Second World War, the generally recognized principles of international law were developed and written down in the UN Charter and other fundamental international legal documents. Acting as a product of customary international law, that is, as a result of the practice of civilized nations in relations between themselves and with societies, they have acquired a universal character, which puts them «at the top» of the world legal order. Such principles as respect for human rights, state sovereignty, territorial integrity of states have received universally recognized content. In many European states, they have «direct effect», acquiring a constitutional character. This means that a new phenomenon has been created within national legal systems, which really consists of a common archetype present in the constitutional system of every civilized state. The second, comparative law, is currently used as a tool for judicial investigation of a legal case, and therefore - the reasoning of a court decision. This approach is widespread in the practice of the highest courts of states and especially the European Court of Human Rights (ECtHR).After the Second World War, there was not a single significant legislative project that was not, to one degree or another, accompanied by extensive legal methods of comparative research. This approach should be reflected in the practice of reforms in Ukraine. It is important to emphasize that the comparative approach is characteristic not only for science, but also for law-making and law-enforcing bodies (courts). An adequate methodology of the comparative legal approach takes into account a complex understanding of the law itself (written and unwritten), as well as its broad social context. In addition, the change in the nature of international law, the creation in the last three decades of full-fledged regional legal systems, for example, the European legal system, as well as the strengthening of their interaction with national legal systems, necessitate the use of so-called «vertical methods» of comparative research. [ABSTRACT FROM AUTHOR]

The purpose of this study is to determine the features of self-defense of a responsible nature in legal relations related to transplantation. The following conclusions were made: 1) in legal relations with transplantation, the patient is the recipient, and in auto-transplantation, the donor is also; 2) the donor and the recipient have the right to apply and independently choose methods of self-defense; the transplant coordinator is obliged to use the methods of self-protection of the patient’s civil rights and interests provided by law; 3) the donor and the recipient, and in the cases provided by law, their parents (other legal representatives), have the right to apply self-defense methods of a responsible nature: «refusal of consent to donation», «withdrawal of consent to donation», «refusal of treatment with the use of transplantation» and «withdrawal of consent to treatment with the use of transplantation»; 4) the refusal of the recipient’s parents (other legal representatives) is a way of self-defense only when it causes legal consequences regarding transplantation (changes or terminates the legal relationship); 5) the methods of self-defense of a responsible nature have a legal nature, since their application causes the onset of legal consequences, namely the change, suspension, termination of the legal relationship from transplantation; 6) self-defense methods of a responsible nature have a law-enforcement nature; 7) in order to use the methods of self-defense of a responsible nature, it is mandatory for eligible subjects to comply with the requirements provided for by law: a) full civil legal capacity; b) presence of an informed refusal; c) voluntary refusal; d) it is possible to declare a refusal before the donor or recipient is put into a medicated sleep state; e) information about refusal is entered into EDIST; 8) minors, such as donors and recipients, also have the right to apply selfdefense methods of a responsible nature, since transplantation involving such persons is carried out with their consent; 9) legal relations regarding the provision of medical assistance with the use of transplantation are of a long-term nature. [ABSTRACT FROM AUTHOR]

Copyright of Journal of Babylon Center for Humanities Studies is the property of Republic of Iraq Ministry of Higher Education & Scientific Research (MOHESR) 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.)

This article explores the constitutional regulation of birthright ius soli citizenship in two Latin American countries which restrict access to citizenship for the children of foreigners deemed to be passing through the countries. Access to citizenship is a significant marker of membership, setting the boundaries of inclusion and exclusion within and across States. Choosing the cases of Chile and Colombia, this article uses historical, institutional and comparative analysis in order to excavate the evolving conceptions of citizenship in those two countries, with particular reference to the concepts of the 'transient foreigner' and of 'domicile'. The case studies provide an excellent laboratory within which to examine the evolution of constitutional ideas of citizenship and 'the people'. In Colombia, the outcome of the investigation shows that there is unlikely to be significant long-term change in the citizenship regime towards a more generalised acceptance of unconditional ius soli , notwithstanding the substantial shorter-term measures taken to accommodate the children of undocumented migrants from Venezuela and to respond to international pressure. In Chile, combined with other ongoing constitutional work in the citizenship space as part of a wider reform process, there may be a slow journey towards a different constitutional future for so-called 'transient foreigners' and others excluded within the State, but this is currently stalled. Chile has, however, introduced legislation cementing a more limited concept of 'transient foreigner', linking this work on citizenship to the wider domain of migration governance. [ABSTRACT FROM AUTHOR]

This article revisits the overlooked field of comparative environmental law. It examines contributions to this field from the late 1960s to 2022, highlighting the methodologies proposed, their shortcomings, the main aspects and angles taken by the literature, and the curious lack of engagement by experts in comparative law proper with environmental law systems. On the basis of a structured examination of the literature, the article extracts four main aims or purposes that may guide this line of research: (i) clarifying the initial system by contrasting it with a foreign system; (ii) using the basic conceptual features of a known system to analyse and understand a foreign unknown system; (iii) evaluating and fine-tuning a system or an aspect thereof; and (iv) extracting analytical categories that can serve to map the entire field or areas of it. [ABSTRACT FROM AUTHOR]

Independent guarantees, including other similar instruments, such as letters of credit (LCs) and standby letters of credit (standbys), are essential financial instruments in international commerce. This article provides an in-depth analysis for the rules of the instrument of independent guarantees in mainland China. Several key provisions of the rules are examined with illustration of relevant court cases. Where appropriate. a comparative analysis with ICC international customary rules, US law and English law regarding these comparable instruments is also made. Havingfocused to a large degree on a comparative analysis in the body of the article, the article argues that, although Chinese miles are a significant development in international trade finance as compared to other developing countries, they are still imperfect and vague in some aspects, and to some extent jail short of the international practice (and laws/rules) that apply to comparable instruments (LCs, standbys and independent guarantees). Thus, they must be complementary to international customary rules in order to resolve related disputes properly and to provide certainty and predictability to international commercial parties in independent guarantees transactions. [ABSTRACT FROM AUTHOR]

The Global Compact for Migration and the Global Compact on Refugees are based on binding international law instruments whose provisions they complement with "best practice" standards related to the treatment of refugees and other migrants. Although the Compacts are non-binding, they provide for review mechanisms to promote compliance with Compact standards. Such oversight is important to achieve progress in implementing the Compacts' commitments. Yet, the current top-down and State-led review process does not offer an efficient platform for identifying cases of non-adherence to Compact standards. This article uses a case study approach to highlight instances of non-compliance with Compact standards in Canada, South Africa, and the European Union. We use a functionalist method of comparison to analyze State practice in these three regions in relation to (i) use of immigration detention and (ii) access to the asylum procedure, with access to healthcare as a cross-cutting issue. The article discusses how the Compacts' review mechanisms could be improved and their added value in terms of their impact on domestic migration policies. It argues that both Compact review and implementation can be improved through increased civil society participation. [ABSTRACT FROM AUTHOR]

Background: The substitution of hazardous chemicals with safer alternatives is an important objective in European chemical policy, but implementation has been slower than expected. We conduct a comprehensive analysis and comparison of the implementation of the substitution principle in European regulations for pesticides, biocides, and industrial chemicals. Specifically, we examine and compare the criteria and processes associated with the identification of candidates for substitution and the assessment of alternatives. Results: We find only minor differences in the criteria applied to identify candidates for substitution amongst pesticides, biocides, and industrial chemicals, but larger differences concerning the processes used. While all substances that are to be approved as a pesticide and biocide are systematically evaluated against the established criteria for substitution, the substitution process for industrial chemicals only focuses on those substances identified as substances of very high concern. The main reason candidates for substitution remain on the market is the lack of identified safer chemical alternatives and the insufficient consideration of non-chemical alternatives, caused, at least to a large extent, by the comparatively weak incentives provided by current regulations. Conclusions: The systematic approach for the identification of industrial substances of very high concern (SVHC) under ECHAs "Integrated Regulatory Strategy" is much welcome. However, no final conclusion on SVHC properties or the need for regulatory action has been drawn for approximately 90% of the REACH-registered substances, as often even basic hazard and exposure data are missing. Hence, at least a screening-level evaluation of SVHC properties should become a mandatory part of the substance registration under REACH. To reduce the risk of strategic behaviour in the search for alternatives to industrial chemicals identified as SVHC, a setup in which regulatory authorities play a larger role as information and knowledge brokers should be considered. Investments in innovation as well as improved sharing of information and a better distribution of the workloads amongst European authorities might also improve the identification of safer alternatives. However, without stronger incentives, making it more costly for companies to continue using hazardous substances relative to safer alternatives, initiatives to promote substitution are likely to have limited success. [ABSTRACT FROM AUTHOR]

The article discusses the UK Supreme Court's approach to Closed Material Procedures (CMPs) and the Privy Council's decision in the Ramoon v Governor of the Cayman Islands case. The Supreme Court initially held that a CMP could only be adopted with Parliament's authorization, but later changed its stance. The Privy Council, as the final appellate court for certain former colonies, ruled that CMPs cannot be authorized under common law without statutory provisions. The ruling has implications for other jurisdictions under the Privy Council's jurisdiction, as the decisions of the Privy Council are binding on all courts that have a final appeal to the Privy Council. The ruling suggests that jurisdictions may legislate for CMPs in the future, but it may require a recalibration of human rights within the Privy Council's jurisdictions. [Extracted from the article]

In the absence of a global regulator, transnational financial law emerges from the combination of national laws and the contractual practices developed by networks of private, public and hybrid private-public actors who contribute to the engineering and (self-)regulation of financial services largely through contracts. The theoretical question arises whether the process of transnationalisation might determine the dominance of economic rationality over other considerations, and whether a possible nationalisation of the transnational might instead produce a repoliticisation of the economic. Against this background, the article focuses on some of the instruments of transnational financial self-regulation, and considers how these interact ambivalently with local laws and judicial practices. By looking at the role of private law institutions and considering national litigation over financial contracts in different jurisdictions, the article reveals tensions between different objectives, ultimately raising questions about the function of commercial law both within and beyond the state. [ABSTRACT FROM AUTHOR]

This article explores the relationship between rivers and territory in Chile, emphasizing the importance of recognizing the social, political, cultural, and spiritual aspects of water. The current institutional framework in Chile treats water as a tradable resource, leading to conflicts over water rights, particularly for indigenous communities. The article discusses two legal reforms as opportunities to adopt a relational approach to rivers, but also acknowledges the challenges and limitations of the current legislation. It concludes by highlighting the need for a more comprehensive and inclusive approach to water governance in Chile, one that recognizes the interdependence between water, land, and human relationships. The article also mentions the Whanganui iwi's relationship with Te Awa Tupua, which aims to resist the division of the river ecosystem by Western legal frameworks and promote open dialogue. The recent reforms to the Water Code recognize the integration of land and water for indigenous peoples, but further mechanisms are needed to ensure concrete progress in these areas. [Extracted from the article]

Whereas legal comparisons tend to be concerned with legal systems, structures or rules, this paper focuses on a more fundamental element of law: a legal concept. From the semiotic point of view, a concept is an element of the tripartite construct of meaning, which – in the legal context – is derived from a particular legal system. Since effective communication in legal practice is predicated on the unity of meaning, issues are likely to arise when an act of communication spans disparate legal cultures. When the epistemic embedding of legal concepts fundamentally differs between the respective legal systems with which the participants to a communicative event are familiar, conceptual incommensurability will arise, impeding the communication process and, potentially, also having an impact on associated court proceedings. Against this theoretical backdrop, the paper shifts its focus to globalised legal practice, which requires a broader legal skillset and comparative perspectives. As an illustration, the equivalence of selected substantive law concepts is explored across the common law/civil law divide, accurate comprehension of which is essential to intercultural provision of legal services. Drawing parallels between the functional method in comparative law and the functional approach recommended in legal translation, an overview is provided of techniques for remedying terminological incongruence and conveying intended meaning across legal cultures. The paper concludes by querying whether the law curriculum would be enhanced by inclusion of comparative and linguistic perspectives, with a view to equipping graduates with interdisciplinary tools for effective legal communication and global law practice. [ABSTRACT FROM AUTHOR]

This article explores how the law is taught in the bi-juridical order of Quebec, where civil law and common law coexist. It focuses mainly on how the trans-systemic method of legal education was implemented and developed at the Faculty of Law of McGill University, in Canada. This method consists of teaching both legal traditions simultaneously and comparatively. It aims to enable its graduates to navigate Canada's political and cultural tensions, engage in cross-cultural legal dialogues and practice in two legal systems. This approach emphasizes the coexistence of two legal systems, moving away from legalistic views and embracing legal pluralism. The article explains the different contextual layers surrounding the emergence and development of this trans-systemic method. It explains the macro-institutional context by presenting the tensions between Anglo-Canada and the province of Quebec; the meso-institutional context, which focuses on the discussions within the province and the law faculty; while the micro-institutional context presents how courses on obligations/contracts and tort/torts are taught. [ABSTRACT FROM AUTHOR]

Over the years, the UCTD has become one of the core EU directives aiming at the protection of both businesses and consumers (B2C), i.e., at the achievement of the appropriate balance between the parties' rights and obligations. However, the UCTD has also left quite a number of important legal questions unanswered. Besides the general clauses on the assessment of the unfairness of contractual terms, there remains a high degree of uncertainty as to the meaning of the transparency requirement and the legal consequences of unfair contractual terms. As a result, in spite of CJEU settled case law, as well as European Commission interpretation guidelines, there are diverging patterns in the national case law of the Member States. The aim of this paper is to investigate these diverging patterns by looking more closely into national case law and into the relationship between the CJEU and the Member States courts, taking as a case study the way in which the UCTD was applied in five countries (Austria, Croatia, France, Italy and Poland) in cases involving consumer loans indexed to the Swiss franc. The survey shows that there are noticeable differences in the interpretation of core concepts underlying the UCTD, such as the unfairness test, the exclusions from the unfairness assessment, and the transparency requirement. The most problematic areas, however, concern the legal consequences of the unfairness of contractual terms. By relying on the analysis of these and related issues, the authors have come to the conclusion that 347 even after 30 years of the existence of the UCTD, there are still many important legal questions that need solving. [ABSTRACT FROM AUTHOR]

In this article, we discuss the role that pirate radio played in a debate regarding the community-oriented sector of broadcasting and in incorporating the sector into the legal system. We concentrate on the period of the transformation from state monopolies to media pluralism in Poland, Austria and Hungary, which took place in the late 1980s and the 1990s. A qualitative content analysis is performed on legal texts and media coverage to identify discourses present in the debate. We complete this data with interviews and focus groups with policymakers and radio pirates and an analysis of legal regulations drawing on comparative law research. We show that the pirate radio movement in Hungary and Austria during the transformation processes seems to have had clearly defined goals and organisation. [ABSTRACT FROM AUTHOR]

The benefit to the seller is achieved if a person claims that he owns the sale or that he has another right to it, and by being able to prove this claim, he obtains a court ruling in it, and the seller is the guarantor of the sale, that is, he is obliged to compensate the buyer for the damage suffered as a result of the benefit of the seller, and in case he is unable to fulfil his obligation to guarantee exposure in kind, the transition was made to fulfil the obligation by way of compensation. The study found that the Jordanian legislator considered the sale of the property of third parties to be a contract suspended on the leave of those who have the right to it because the real owner of the sale is the one who authorizes him to leave the contract or accept it. The buyer should not be given the right to authorize the contract in the revocable contract because the buyer does not own the sale. As for the Egyptian legislator, he has made the contract that is revocable in the sale of the property of third parties invalid against the owner of the real sale before its approval and also made the contract revocable by the buyer. The revocable contract is based on two provisions: either the non-validity of the contract against the owner of the real sale or its revocability by the legislator. Also, both the Jordanian and the Egyptian legislators have agreed in their leave to the seller to own the sale by the statute of limitations because the buyer's silence about the seller putting his hand on the sale for a long time is a default by the buyer. [ABSTRACT FROM AUTHOR]

After a 13-year wait for a final outcome in the hate speech complaint against Jon Qwelane, the Constitutional Court was expected to deliver a judgment which would, at long last, clarify the obscure meaning of section 10 of the Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 (Equality Act). However, Qwelane v South African Human Rights Commission 2021 (6) SA 579 (CC) did not quite live up to expectations. While rendering a resounding and long-overdue recognition of the rights of Queer people, and the wrongs done to them, the Constitutional Court remedied much of the damage done by the Supreme Court of Appeal. But it wrongly found and 'fixed' unconstitutionality where there was none (by excising the word 'hurtful' and requiring hate speech always to 'promote or propagate hatred'), and failed to address the real problems with section 10 of the Equality Act, namely the confusing and convoluted objective-subjective test for imputing hateful intention to a speaker, and the unclear scope of defences. This article assesses the Court's reasoning in Qwelane, and explains what it got right and got wrong (with reference to other delictual law, and international and comparative law). Finally, it explores the obscurity (and unconstitutionality) the Court has left to linger in section 10 of the Equality Act. [ABSTRACT FROM AUTHOR]

In this Article we analyze whether and how the legal reactions to COVID-19 brought permanent changes to three main areas that are at the very basis of the study of comparative constitutional law: the horizontal separation of powers in different forms of government; the vertical separation of powers and its effects on forms of state; and the reviewability of limitations to human rights and personal freedoms by bodies exercising constitutional review. Rather than just examining and categorizing the reactions, we search for the political, institutional, factual, and sometimes even cultural rationales at the basis of each trend. Our claim is that COVID-19 was a driving force for relevant changes in the three analyzed areas, but we also recognize that these changes did not come "out of the blue," as they were already "latent" in considered legal systems. The analysis demonstrates that the traditional categories we use to classify the forms of government, forms of state, and the mechanisms of constitutional review, although being useful paradigms to study these topics, have in themselves the potential to be "stretched," and even unhinged, when global and long-lasting emergencies, as COVID-19, are in place. [ABSTRACT FROM AUTHOR]

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The Croatian legal system is traditionally under the dominant influence of the Germanic legal tradition. This is a logical consequence of historical circumstances, which state that present-day Croatia was long part of the Austro-Hungarian Empire. In the field of criminal law, which is the focus of this paper, there is a significant influence of Austrian, German, and Swiss criminal law. However, since 2008, new trends have emerged, first evident in procedural law (through the introduction of the previously typical Anglo-American institution of plea bargaining in criminal proceedings), and then from 2013 also in substantive criminal law. In the Criminal Code of 2013, sexual offenses were modeled after the English Sexual Offences Act of 2003, which has sparked considerable controversy in theory and practice. In this text, the author critically examines this legislative shift in tradition from the perspective of comparing the historical circumstances of the English and Croatian criminal law backgrounds. The author discusses the differences in criminal justice systems of these countries, compares the circumstances of the origin and shaping of sexual offenses in the mentioned legislations, and presents the results of their own research conducted in Croatia, reflecting whether the new legal solution was successful and whether it achieved its purpose. Based on this, the author provides an answer to the hypothetical question of whether a solution implemented from one legal tradition can successfully exist in the conditions of another significantly different legal tradition. [ABSTRACT FROM AUTHOR]

The term 'correlation' can be interpretated in a wider meaning than the presence of a frequency of connection between two collignial indicators. This semantic content as "a relation existing between phenomena" is present in the discourse of liberal arts, in contrast to parametric statistics. The purpose of the study is to verify the existence of a correlation between basic conceptual ideas in Ancient Roman law and English common law and to evaluate the scope and manifestations of this issue. The research problem is complicated by the fact that the overwhelming majority of modern historians traditionally contrast the legal systems of continental European countries with Anglo-American law. And there very few famous scientists who consistently reaffirm the opposite position and consider that the common legal tradition in Europe exists. The article shows three groups of key evidence of Ancient Roman Law influences on the English Common Law. The historical arguments explain the fantastic ability of English law to export to other countries. In world history, this property was only one legal culture, namely Old Roman. These abilities to transfer and reception are defined as the most significant parallels between the legal traditions that are investigated. [ABSTRACT FROM AUTHOR]