Journal articles on the topic 'Hybrid legal system'
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Dean, Meryll. "Legal transplants and jury trial in Japan." Legal Studies 31, no. 4 (December 2011): 570–90. http://dx.doi.org/10.1111/j.1748-121x.2011.00197.x.
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Alan Watson's theory of legal transplants was pioneering and innovative. It moved comparative law beyond ideas of legal families and legal systems by providing both a tool and a metaphor for examining hybrid, or mixed, legal systems. However, socio-legal comparativists in particular criticised his approach because of its failure adequately to acknowledge the importance of legal culture in transplant theory. As a hybrid legal system Japan provides an operative laboratory of comparative law. This paper examines jury trial to evaluate Watson's theory. It concludes by offering a new threefold categorisation of legal transplants.
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Sridevi, S., and P. Venkata Subba Reddy. "Hybrid Legal Intelligent System Using Fuzzy and Neural Networks." International Journal of Computer Sciences and Engineering 5, no. 11 (November 30, 2017): 222–31. http://dx.doi.org/10.26438/ijcse/v5i11.222231.
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Urscheler, Lukas Heckendorn. "Innovation in a Hybrid System: The Example of Nepal." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 15, no. 3 (May 29, 2017): 67. http://dx.doi.org/10.17159/1727-3781/2012/v15i3a2504.
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The Nepali legal tradition is a legal hybrid in many regards. Nepal was not colonised by a Western state, and the Hindu legal tradition therefore dominated all areas of law until the middle of the 20th century. Since the 1950s there has been a strong influence of Indian common law. It is probably for this reason that comparative classifications that include Nepal see the legal system as a mixture of common law and customary law. However, other mixtures mark the Nepali legal tradition. French law inspired the ruler in the 19th century, and that influence can still be found in the formal law. In addition, the plurality of Nepalese society made it necessary to provide space for different customary regimes to coexist with the formal Hindu law. When it comes to innovations within the legal system, including international law, the different ingredients interact. In family-related matters, the case-law of the Nepali Supreme Court illustrates the confrontation between international legal standards and the traditional rules. The Supreme Court has referred to the culturally conditioned discrimination against women and called for a thorough (political) analysis in order to eliminate discrimination without a radical change of culture. In the area of discrimination against homo- and transsexuals the Supreme Court took a more innovative approach. It remains to be seen, however, if such a change is effective beyond the courtroom. In the area of private financial compensation for wrongs, the formal (written) Nepali law does not have a general concept of tort. Compensation is generally integrated within the ambit of criminal law. Field research indicates that it would be possible to resort to existing customary principles of compensation rather than to the relatively complex common law of torts favoured by some Nepali scholars. However, this approach might not be without difficulty, as it might imply admitting the “superiority” of the customary practices of ethnic groups of lower standing in society. The example of Nepal shows that innovation in a hybrid system is often marked by the difficulty of – at least apparently – contradictory elements and layers of the legal system. There might be a tendency towards choosing the dominant or the most easily accessible solution. This paper suggests that the hybrid nature of the legal system offers opportunities that could be taken in order to achieve effective change and appropriate solutions.
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Bosankić, Dragan. "Tax and legal treatment of hybrid financial instruments." Anali Pravnog fakulteta u Beogradu, no. 2/2018 (July 14, 2018): 244–61. http://dx.doi.org/10.51204/anali_pfub_18210a.
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Besides the motives not prevailingly concerning the tax, hybrid financial instruments are used both in the context of one tax system, and particularly in the international scenario, aiming at tax savings generation. Depending on whether the participants in the transaction are taxpayers within the same tax system, or not, the paper analyses the tax and legal consequences of the classification of hybrid financial instruments. Special attention has been paid to the tax and legal treatment of hybrid financial instruments in the Serbian taxation legislation, in which, for taxation purposes, there is no possibility of different classification in relation to the way it has been done in terms of company law and accounting. This drawback in Serbian taxation legislative on the one hand opens the possibility for tax planning by using hybrid financial instruments, while on the other hand it is an area that should be specifically regulated. In addition, in terms of the international scenario, using a comparative method, the paper analyses the rules for the classification of hybrid financial instruments defined by OECD-Model convention and the relevant EU directives.
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VAN SLIEDREGT, ELIES. "Introduction: Common Civility – International Criminal Law as Cultural Hybrid." Leiden Journal of International Law 24, no. 2 (May 6, 2011): 389–91. http://dx.doi.org/10.1017/s0922156511000069.
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On 28 and 29 October 2011, a conference was held in The Hague on International Criminal Law (ICL) as a cultural and legal hybrid. The aim of the conference convenors was to facilitate an exchange of thoughts between legal scholars, practitioners, and social scientists on the nature of ICL and to discuss the role (legal) culture plays in international criminal justice. The recent discussion is dominated by the adversarial (common law)–inquisitorial (civil law) dichotomy and centres on the hybrid nature of the procedure in international criminal law. The debate focuses on how a fair and efficient trial can be safeguarded by observing the rights of the accused and other participants through an operational criminal procedure. Sometimes, this clash of legal systems has become an end in itself, resulting in a debate on which system is superior. At least in theory, however, modern international criminal procedural law seems to have overcome the adversarial–inquisitorial dichotomy, since it combines features of both common- and civil-law systems. This unique compromise structure poses a challenge to the practitioners who – although trained in and influenced by their respective national systems – have to apply the procedural norms at the international level and, in doing so, find an appropriate balance between adversarial and inquisitorial features. This is even more challenging since the single elements of the different legal traditions do not fit together seamlessly, leading to myriad, heated disagreements over how to combine them into a single, coherent, workable legal system.
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Weegels, Julienne. "Freedom in the Face of Nicaragua's Hybrid Carceral System." Cambridge Journal of Anthropology 38, no. 1 (March 1, 2020): 52–69. http://dx.doi.org/10.3167/cja.2020.380105.
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Drawing on extensive prisons research and sustained contact with (former) prisoners in Nicaragua, this article explores three former prisoners’ post-release trajectories. In the face of a hybrid state that manifests as both a legal penal state and an extralegal system of powers, colloquially referred to as el Sistema (the System), and to the backdrop of a (d)evolving political context, I argue for an understanding of the ‘tightness’ of post-release life by conceptualizing the Sistema’s transcarceral grip. Former prisoners deal with this grip in different ways, ranging from self-censorship to the taking of ‘delinquent freedoms’. A detailed understanding of this grip can help pinpoint how carceral logics are mobilized outside prison in Nicaragua and how its carceral state expands through not only legal but also extralegal means.
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Goloskokov, Leonid V. "Vulnerability of the modern criminal legal system of Russia from the methods and means of conducting hybrid wars." Russian Journal of Legal Studies (Moscow) 7, no. 3 (February 1, 2021): 30–44. http://dx.doi.org/10.17816/rjls46496.
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The features of the manifestations of hybrid wars were investigated by examples of its action in certain sectors of science, education, economics, finance, and criminal law. Certain characteristics of actions and events have been identified as elements of a hybrid war and not as random events.
The Criminal Code of the Russian Federation does not contain the necessary articles that would allow sufficient legal protection of the rights of citizens and the interests of the state from the actions and consequences of hybrid wars. In general, the criminal law system is not ready to identify and classify events as elements of a hybrid war, repel hybrid war attacks and waging confrontation, and work on the initial preemption and prevention of hybrid wars.
This article, which is proposed to be introduced into the Criminal Code of the Russian Federation, reveals the concept of hybrid war and provides its full definition in a new article.
In conclusion, criminal legal measures and the possibilities of only the criminal legal system cannot solve the problems of confrontation in hybrid wars, and involvement of all the forces and resources of the state is necessary.
A proposal was made on the need to move to organizing the work of Russian law enforcement agencies on new principles: preemptive and prevention of hybrid wars instead of merely identifying their consequences and fragmentary application of criminal punishment for actions that are insignificant in comparison to the scale and damage caused by a hybrid war.
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Beschetnov, Sergey. "Hybrid legal system in Saint Lucia: the view of a comparative historian." Advances in Law Studies 10, no. 3 (September 25, 2022): 11–15. http://dx.doi.org/10.29039/2409-5087-2022-10-3-11-15.
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In the analyzed work, a study is conducted in the historical and legal prism of the exotic state of Saint Lucia as a part of the Caribbean. The research covers various periods of active modification of the state-legal reality of the island legislation. On bases of the research, various perspective and retrospective aspects of the geopolitical influence on the coast of the region were reflected, as a result of which such a complex and ambiguous product was formed, combining many heterogeneous phenomena.
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Pal, K. "An approach to legal reasoning based on a hybrid decision-support system." Expert Systems with Applications 17, no. 1 (July 1999): 1–12. http://dx.doi.org/10.1016/s0957-4174(99)00015-9.
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BARANOV, O., and O. BARANOV. "Internet of Things (IoT): regulation of the provision of services by robots with artificial intelligence." INFORMATION AND LAW, no. 4(27) (December 26, 2018): 46–70. http://dx.doi.org/10.37750/2616-6798.2018.4(27).270610.
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The article examines the theoretical and legal framework for regulating the provision of services and works using the technologies of the Internet of Things with artificial intelligence with and without direct human participation. As a typical example, a goods ordering and delivery system is considered. New categories are proposed – “direct, mediated and hybrid legal relations” for analysing the legal models of goods ordering and delivery system with IoT with artificial intelligence. The features of the legal models of deterministic and robust social management adequately describing IoT systems with artificial intelligence are investigated. The functional analogy of the “behaviour” of systems of IoT with artificial intelligence and traditional subjects of law when performing certain types of activities is shown. A new theoretical construction of the category “legal fiction” is justified on the basis of the proposed term “legal dogma”. The content of legal fiction has been proposed and justified: the system of Internet of Things with artificial intelligence is considered a subject of law, as a “representative” in the understanding of civil legal relations.
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Elxan oğlu Məmmədli, Cavid. "CIVIL LAW AND GENERAL LAW: A COMPARISON OF LEGAL SYSTEMS." SCIENTIFIC RESEARCH 08, no. 4 (April 27, 2022): 87–91. http://dx.doi.org/10.36719/2789-6919/08/87-91.
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Məqalə cəmiyyətin və dövlətin bütün hüquqi təşkilini əks etdirən hüquq sisteminin növlərindən bəhs edir. Hüquq sisteminin başlıca növləri olan ümumi və sivil hüququn yaranma tarixi və keçdiyi inkişaf dövrləri daxil olmaqla, ümumi prinsipləri və fəaliyyət mexanizmləri müqayisəli təhlil edilmişdir. Bu qruplarla bağlı ABŞ, Fransa, İngiltərə və başqa xarici dövlətlərin təcrübəsinə də müraciət edilərək müqayisəli təhlil aparılmış, müsbət və mənfi tərəflər qiymətləndirilmişdir. Son olaraq mövcud olması məqsədəuyğun və effektiv hesab edilən tövsiyələr məqalənin nəticə hissəsində əks olunmuşdur. Açar sözlər: Hüquq sistemi; ümumi hüquq sistemi; anqlo-sakson hüquq sistemi; sivil hüquq sistemi; roman-german hüquq sistemi; hibrid hüquq sistemi; müqayisəli hüquq Cavid Elxan Mammadli CIVIL LAW AND GENERAL LAW: A COMPARISON OF LEGAL SYSTEMS Abstract The article focuses on different types of legal systems, which reflect the complete legal structure of society and the state. The fundamental principles and processes of action, as well as the history of establishment and development periods of common and civil law, which are the two primary types of legal system, are compared. The experience of the United States, France, England, and other foreign countries was enlisted, and a comparative analysis was conducted, with positive and negative aspects assessed. Finally, the article's conclusion section reflects the eventual ideas, the existence of which is regarded expedient and effective. Key words: Legal system; general legal system; Anglo-Saxon legal system; civil law system; Romano-Germanic legal system; hybrid legal system; comparative law
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Rammal, Mahmoud, Zeinab Bahsoun, and Mona Al Achkar Jabbour. "Keyword extraction from Arabic legal texts." Interactive Technology and Smart Education 12, no. 1 (April 20, 2015): 62–71. http://dx.doi.org/10.1108/itse-11-2013-0030.
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Purpose – The purpose of this paper is to apply local grammar (LG) to develop an indexing system which automatically extracts keywords from titles of Lebanese official journals. Design/methodology/approach – To build LG for our system, the first word that plays the determinant role in understanding the meaning of a title is analyzed and grouped as the initial state. These steps are repeated recursively for the whole words. As a new title is introduced, the first word determines which LG should be applied to suggest or generate further potential keywords based on a set of features calculated for each node of a title. Findings – The overall performance of our system is 67 per cent, which means that 67 per cent of the keywords extracted manually have been extracted by our system. This empirical result shows the validity of this study’s approach after taking into consideration the below-mentioned limitations. Research limitations/implications – The system has two limitations. First, it is applied to a sample of 5,747 titles and it can be developed to generate all finite state automata for all titles. The other limitation is that named entities are not processed due to their varieties that require specific ontology. Originality/value – Almost all keyword extraction systems apply statistical, linguistic or hybrid approaches to extract keywords from texts. This paper contributes to the development of an automatic indexing system to replace the expensive human indexing by taking advantages of LG, which is mainly applied to extract time, date and proper names from texts.
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Husein Kavazović. "Anglo-Muhammadan Law in British India: Historical-legal Aspect." Anali Gazi Husrev-Begove biblioteke 28, no. 42 (December 31, 2021): 57–96. http://dx.doi.org/10.51719/25663267.2021.28.42.57.
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Over the course of its development, Sharia law, like other legal systems, has gone through periods of rise and stagnation. These processes were closely related to the development of society and the state, their highs and lows. Although it was based on the universal Islamic principles that represented its foundation, the building of Sharia law was built with various elements of an interpretative character from primary and secondary sources. Sharia law did not operate in isolation from other legal systems it encountered, came into contact with and co-operated with. This paper aims at pointing to the emergence of a hybrid, mixed legal system, which was created through the cooperation of two different legal systems on the territory of today’s India under the rule of the British Raj. Anglo-Muhammadan law developed on two foundations: a) on individual Shariah regulations of family and property law and b) on the principles of common law of the legal system of justice, equity and good conscience.
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Rekotov, Petro, Viktor Nikitenko, Tetiana Korshykova, Oleksandr Zherebko, and Ihor Samoilenko. "Protection of the rights and legitimate interests of the individual in a hybrid war." Cuestiones Políticas 40, no. 73 (July 29, 2022): 901–18. http://dx.doi.org/10.46398/cuestpol.4073.52.
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The objective of the article was to reveal r the main topics related to the definition of «hybrid warfare» and «legal policy of the state in a hybrid war», «legal policy of the state in the field of cybersecurity». The need to finalize legislation on the Internet taking into account international human rights standards was emphasized. Given the categorical uncertainty and unwillingness of Ukraine’s current legal framework to resist new threats in a hybrid war, it is advisable to terminologize and standardize the conceptual apparatus in the legal system of cybersecurity, harmonize national legislation with international acts, as well as promoteflexibility in relevant areas of activity. It is alsonecessary to legally regulate the use of the Internet to help increase the liability of providers and site owners for the location of inaccurate and deliberately harmful information, as well as to establish a mechanism to influence unscrupulous subjects of information law in cyberspace. It is concluded that a separate area in criminology should be the protection of information sources and information security issues in a hybrid war.
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Farran, Sue. "Scots law: a system in search of a family?" Northern Ireland Legal Quarterly 61, no. 4 (March 11, 2020): 311–27. http://dx.doi.org/10.53386/nilq.v61i4.457.
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The concept of legal families is familiar to most comparativists and although miscegenation is an increasingly common feature in a global community, arguably an understanding of family origins may help to anticipate differences of approach, ideology, attitudes to law and diverging normative values. Classification into families, despite various criticisms and disagreements as to which families there are or how they should be distinguished, provides a useful tool for the comparativists and those seeking, reform, unification or harmonisation.The Scottish legal system, however, is one that tends to elude classification. Even where “mixed” or “hybrid” legal systems are recognised, that of Scotland may be omitted or distinguished from those of, for example, Greece, South Africa, Israel or the Seychelles.This begs the question, what is a legal system and how is it distinguished? This paper examines the Scottish legal system, taking as its starting point a focus on juristic style as the key distinguishing feature of a legal system and looking at the key elements that eminent comparativists Zweigert and Kötz suggest shape this. These are: the historical background and development; its typical mode of thought; its distinctive institutions; the types of legal sources it acknowledges; and its ideology. Looking particularly at the academic debates that have arisen in Scotland concerning the nature and identity of Scots law, the paper goes on toconsider whether the claim to a distinct legal system is anything more than a manifestation of the fact that “each political society in the world has its own law”,1 and that in fact the time has come to abandon the notion of families.
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Albov, Alexey Pavlovich, Rosalina Vasilevna Shagieva, and Vadim Alexeevich Nikiforov. "The legal system of modern Russia in the general discourse of world development." SHS Web of Conferences 118 (2021): 02005. http://dx.doi.org/10.1051/shsconf/202111802005.
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The study’s objective is based on the disclosure of the specific comparative nature of the modern Russian legal system to substantiate the theoretical concept of its existence as a unique hybrid legal type as a symbiosis of the three legal traditions: Romano-Germanic, religious and socialist. The methodological basis of the study is the methodological and analytical range of methods presented in the article, known and proven ways and means of research in jurisprudence. To obtain reliable and well-founded conclusions, traditional general scientific and special research methods and descriptions of its results are used, mainly historical, comparative methods, a systematic approach, etc. The study result concluded that the formation of the main properties of the Russian legal system is associated with the goals and objectives that were assigned to it by the state and society in a particular historical period, which is why it is unique. The perception of specificity in implementing the classification of modern legal systems largely determines the justification of the criteria put forward. To determine the ways of further development in the twenty-first century, Russia’s legal system must still rely on its historical legal identity, taking into account the peculiarities of national culture. The novelty of this study is the resolution of a complex problem of theoretical and methodological order, namely: is it worth defining the underlying legal identity of the Russian legal system or is it enough to show its place on the “legal map of the world”, including it in a particular larger legal community?
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Ershov, V. V. "The Emergence and Development of Regulators of Actual Public Relations and Legal Relations." Rossijskoe pravosudie, no. 1 (December 23, 2021): 5–15. http://dx.doi.org/10.37399/issn2072-909x.2022.1.5-15.
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The article analyzes the emergence and development of regulators of actual public relations and legal relations. The conclusion is made, firstly, about the need to differentiate actual public relations and legal relations, as well as general social regulators of public relations, legal and individual regulators of legal relations; secondly, about the development of “hybrid” law in the world with contradictory types of legal understanding: legal positivism, a scientifically debatable concept of integrative legal understanding, according to which ontologically heterogeneous social elements are synthesized in a single system of law – law and wrong, a scientifically based concept of integrative legal understanding, characterized by the synthesis of only the principles and norms of law contained in a single, developing and multilevel system of forms of national and (or) international law.
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Pal, Kamalendu, and John A. Campbell. "A hybrid legal decision‐support system using both rule‐based and case‐based reasoning." Information & Communications Technology Law 5, no. 3 (October 1996): 227–45. http://dx.doi.org/10.1080/13600834.1996.9965747.
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Candya Upavata Kutey Karta Negara, Daeli Subrianty, and Kamelia Desi Awaliah. "Digitalisasi Sistem Pendidikan Dengan Menerapkan Pembelajaran Hibrida Melalui Rekonstruksi Hukum Menggunakan Metode Cognate Bills." JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN 24, no. 02 (February 21, 2022): 103–18. http://dx.doi.org/10.24123/yustika.v24i02.4597.
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The education quality in Indonesia occupied 72nd in every 79 countries according to the programme for international student assessment (PISA) survey in 2018. With literacy, mathematics, and science, Indonesia is still below average. For 18 years of assessment, the scores of students' abilities in Indonesia always under the world standard score. Remote learning carried out by the Covid-19 pandemic provided a paradigm shift for Indonesian education toward digitization. This is rising a new learning concept called hybrid learning. In order to achieve a sustainable hybrid learning to improve the quality of education in Indonesia, there are several legal questions about disharmonizing regulations in Indonesia's education sector. This study purposed to know the application of the hybrid learning as a digital transformation of sustainable education in Indonesia also reconstruction of the laws in Indonesian education through the cognate bills methods in order to promote hybrid learning in Indonesia. This study using the normative legal study that uses secondary and tertiary data sources as support data. Data analysis using statute approach, conceptual approach, and analytical approach. Studies indicate that: (1) hybrid learning integrating an interface learning system with online learning as a support tool implemented in Indonesian education systems; (2) the reconstruction of legislation o
n the education system in Indonesia through the cognate bills method of accommodating the concept of hybrid learning can be a progressive solution in education transformation. Therefore, with emphasis and centralized effort on the education sector, it is expected to improve the quality of education in Indonesia.
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Balakrishna, Jeyabala. "Dutch lessons in forensic psychiatry." Psychiatric Bulletin 22, no. 6 (June 1998): 373–76. http://dx.doi.org/10.1192/pb.22.6.373.
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Dutch forensic psychiatry provides services for mentally disordered offenders which centre around a legal measure called the TBS order. Specialised units deal separately with assessment and treatment. The system appears to work in the context of a small and wealthy country and a criminal justice system which differs from the English system. This paper describes the key features of the secure units, examines the conceptual issues and complications of the Dutch system, and considers lessons for psychiatric and legal approaches to the problem of psychopathy in Britain, in particular the new hybrid order.
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Makokoane, Jeremiah Kau, and Docter Joe Khosa. "Applying UTAUT and Fuzzy Dematel Methods: A New Legal Aid Administration System." INTERNATIONAL JOURNAL OF MANAGEMENT SCIENCE AND BUSINESS ADMINISTRATION 8, no. 1 (November 1, 2021): 24–36. http://dx.doi.org/10.18775/ijmsba.1849-5664-5419.2014.81.1002.
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A hybrid UTAUT and Fuzzy Dematel Method is proposed in assessing the perception of accepting the new electronic Legal Aid Administration (eLAA) system by employees of Legal Aid South Africa. Information technology acceptance research has in many respects provided insight to decision-making on reviewing user acceptance. Legal Aid SA’s employees’ perception measured by their response of assessment is useful information on users’ attitude of accepting the eLAA system. Therefore, this study aims to measure the main determinants of intention and usage of the new system by users using the Unified Theory of Acceptance and Use of Technology (UTAUT). Further, we identify the cause-and-effect factors of acceptance and suggest the importance of factors using the Fuzzy Decision-Making Trial and Evaluation Laboratory (Dematel) method. The findings of this study suggest that the UTAUT dimensions of Performance Expectancy has high direct influence on acceptance of the eLAA system by Legal Aid SA employees than other variances. Alternatively, Effort Expectancy (EE) dimension is in the overall having the least power of direct influence on using the eLAA system. Notably, both the Social Influence and Facilitating Conditions have low direct influence in predicting the attitude of using the eLAA system. The findings of this study are useful in assisting the management of Legal Aid SA to gain insight into preferred ways to introduce automated systems that are perceived useful and acceptable amongst employees.
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Ismatov, Aziz. "Do Hybrid Legal Systems Matter in Foreign Legal-Aid Programmes? Some Philosophical Aspects of Legal Aid in Uzbekistan as Provided by the Donor States." Asian Journal of Law and Society 8, no. 2 (June 2021): 351–71. http://dx.doi.org/10.1017/als.2020.44.
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AbstractSince the fall of socialism in Eastern Europe, the former Soviet Union, and some states of Southeast Asia, the international financial institutions and individual donor states have initiated wide-scale legal-aid programmes to assist these states in their transition from socialism to a market economy. Whereas the aid from financial institutions vis-à-vis recipient states is often agreed upon specific conditionalities, the donor states design their foreign legal aid according to individual preferences, although sometimes with references to universal goals. Currently, various donor states provide legal aid to Uzbekistan. Given the fact that Uzbekistan is the former Soviet Republic that still bears multiple traces of a socialist legal system and additionally integrates indigenous informal law, this research provides an analysis of how different donor states base their legal-aid activities on entirely different philosophies and levels of gravity, and how receptive the hybrid structure of Uzbekistan’s law is towards such aid.
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Bridge, John W. "Judicial Review in Mauritius and the Continuing Influence of English Law." International and Comparative Law Quarterly 46, no. 4 (October 1997): 787–811. http://dx.doi.org/10.1017/s0020589300061212.
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The law and legal system of Mauritius are an unusual hybrid and a remarkable instance of comparative law in action. As a consequence of its history, as an overseas possession of France from 1715 to 1810 and as a British colony from 1814 until it achieved independence within the Commonwealth in 1968, its law and legal system reflect the legal traditions of both its former colonial rulers. In general terms, Mauritian private law is based on the French Code Civil while public law and commercial law are based on English law: an example of what has recently been labelled a “bi-systemic legal system”. The Constitution, a version of the Westminster export model, was originally monarchical. It was amended in 1991 and Mauritius became a republic within the Commonwealth in 1992.
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Lawan, Mamman. "Islamic Law and Legal Hybridity in Nigeria." Journal of African Law 58, no. 2 (October 2014): 303–27. http://dx.doi.org/10.1017/s0021855314000151.
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AbstractThe British colonial administration created a hybrid legal system in Nigeria where English, Islamic and customary laws apply. The English system, having a written constitution, was made dominant and the other laws apply to the extent permitted by it. However, Muslims in the northern part of the country have been making efforts to reverse this dominance, including the recent re-introduction of Islamic criminal law by 12 states. This effort is seen to be revolutionary, reverting the states to the position when Islamic law applied in full, devoid of colonial influence. This article asks whether this can break the legal hybridity and answers in the negative, arguing instead that the effort accentuates the hybridity. For example, the re-introduction of Islamic criminal law is enabled by the constitution, the constitution institutionalises the hybridity and the 12 states operate, and are bound by, the constitution. The article discusses other variables depicting the hybridity and concludes that it was a conscious colonial act, nearly impossible to break.
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Cholidah, Cholidah. "HYBRID COURT SEBAGAI ALTERNATIF PENYELESAIAN PELANGGARAN HAK ASASI MANUSIA." Jurnal Ilmiah Hukum LEGALITY 26, no. 1 (August 15, 2018): 61. http://dx.doi.org/10.22219/jihl.v26i1.6615.
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The establishment of the International Criminal Court (ICC) in 1998 provided a hope for certainty in resolving cases of international human rights crimes that occurred after the Rome Statute which formed the basis of this court ratification in 1998, the Non-Retroactive Principles adopted in the Rome Statute did not open this courtroom Human rights crimes that occurred before 1998, so that a new court model is needed to resolve human rights cases that occur namely the Hybrid Court Judicial model, also known as the Mixed Court model, seeks to combine national legal and judicial elements with the International. This Alternative Model is then chosen in resolving cases of human rights crimes that occurred in Sierra Leone and Cambodia, but given the different human rights crimes that occur, different approaches and models are needed in the formation of selected Hybrid Court Courts. So it needs to be explored about the urgency, the legal status of Hybrid Court formation, as well as the technical mechanisms of the trial, both Special Court for Sierra Leone and Extra Chamber Court of Cambodian/ECCC. The results of this study are first, the urgency of the formation of Hybrid Court is to fill the limitations of temporis jurisdiction from the ICC as an institution in prosecuting perpetrators of international crimes so as to close the impunity of perpetrators because the State can still try its citizens by using its domestic legal system without having to fully use the International mechanism. Second, Hybrid Court can be formed through agreements between the United Nations and the government of a country which is then used as a legal basis for the court, as implemented in Cambodia, besides that the formation of Hybrid Court can also be formed through national laws as applied in Sierra Leone.
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Ahmed Zaki, Hind. "Law, Culture, and Mobilization: Legal Pluralism and Women’s Access to Divorce in Egypt." Muslim World Journal of Human Rights 14, no. 1 (January 1, 2017): 1–25. http://dx.doi.org/10.1515/mwjhr-2016-0022.
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AbstractScholarship on personal status law systems in Muslim-majority countries stresses the challenges facing women’s rights activists seeking to reform family laws. Yet, little research is done on how Islamic family law systems, being inherently pluralistic, could enable activists to challenge hegemonic hermeneutical understandings of Islam. This article draws from a qualitative study of a decade and a half long campaign to reform divorce laws in Egypt to argue that dual legal systems, like the Egyptian one, enabled women’s rights activists to push forward novel hybrid rights claims, despite the structural and discursive constraints they faced. Grounding those claims in the context of Egypt’s pluralistic family law system and shrewdly negotiating multiple legal orders, including alternative interpretations of Islamic Shari’a and national codes, women’s rights activists successfully utilized the cultural power of legal pluralism. The success of this campaign demonstrates the ways in which the institutional and discursive dimensions of a pluralistic family law system in Egypt provided a surprising resource for reform. On a theoretical level, the case study presented in this article highlights the complex legacy and consequences of legal pluralism on women’s rights within culturally and politically constrained settings.
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Poderati, Giuseppe, and Shutian Ou. "Tackling Climate Change in China: A Hybrid Approach." Chinese Journal of Environmental Law 5, no. 2 (December 7, 2021): 141–71. http://dx.doi.org/10.1163/24686042-12340070.
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Abstract This article argues that climate change policies should be designed as far as possible with the involvement of civil society at large, as it is an existential problem that concerns the whole of humanity. It is suggested that in the Chinese context, the legal system and political decision-making processes could better address climate change for example, through the participatory processes promoted by the Rio Declaration on Environment and Development 1992 and subsequent instruments. The article explores the possibility of adopting a hybrid approach in China by developing an interactive platform linking the relevant components of civil society in order to gather critical expertise and insights from the community as a whole. A hybrid approach would be directed at combining the current top-down approach with a bottom-up approach, which would potentially contribute to an increase in transparency and accountability in legislative and political decision-making processes to produce the best possible legal approaches and policy strategies for addressing climate change.
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Dhiraj, Naeem Suleman, Muhammad Najihuddin Nasucha, Oussama Mohamed Alansary, and Abdullah Jamaluddin Alkhateeb. "Hybrid Dispute Resolution in Islamic Capital Market: A Malaysian Perspective." International Journal of Management and Applied Research 6, no. 4 (November 1, 2019): 344–54. http://dx.doi.org/10.18646/2056.64.19-026.
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The objective of this paper is to explore dispute resolution mechanisms in the Islamic capital market. This paper examines out of court traditional dispute resolution mechanisms and innovative hybrid mechanisms for dispute resolution which could be more efficient and less time-consuming. This paper also looks at notable legal disputes relating to the Islamic capital market for the purpose of understanding the procedural challenges and inadequacies in the current legal system. Based on a literature review the authors of this paper note that the majority of Islamic capital market disputes could be resolved through alternative dispute resolution without going through a full trial in court. This paper mainly focuses on the context of Malaysia, with minor references to other countries.
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Kovalchuk, Vitaliy, Iryna Zharovska, Mykhailo Mykievych, Malvina Hrushko, and Mykhailo I. Hrabynskyi. "Transformation challenges for the international humanitarian law system: Migration crisis as the latest tool for hybrid warfare. (A vision from Ukraine)." UNISCI Journal 20, no. 59 (May 15, 2022): 129–44. http://dx.doi.org/10.31439/unisci-145.
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The article tries to present a theoretical-legal and international-practical analysis of the migration crisis as a tool for hybrid warfare, analysing the features of such a war and the peculiarities of using the flow of migrants and refugees as "living" weapons in a military conflict. The authors try to prove that a migration crisis can be provoked by an aggressor country using the hybrid warfare methodology attempting to destabilize the political situation, avoiding the resistance of the civil society of the target country without engaging in open hostilities. The authors stress the uncertainty surrounding the term "hybrid warfare" and propose their own classification of the modern hybrid warfare´ features. Based on the analysis of the use of migration crisis in Syria, Venezuela and Belarus, the article singles out the stages of employment of such a tool for warfare
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Salas-Garita, Cynthia, and Mario Soliño. "Estimating the Sustainability of Managed Natural Forests in Costa Rica—A Hybrid Delphi & Choice Experiment Approach." Forests 10, no. 10 (September 21, 2019): 832. http://dx.doi.org/10.3390/f10100832.
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Management of natural forests in Costa Rica allows timber extraction in so far as it is guaranteed that the logging activities comply with diverse Sustainability Principles, Criteria and Indicators (PCIs). These are hierarchical and complex systems used, ex-ante in the formulation and approval of the Management Plan but have not been used for ex-post evaluation of managed forests. Development of sustainability evaluation systems that include few criteria is highly recommended. In that sense, the choice experiments contribute to simplification of the initial system of decision making, complementing a complex system of PCIs that permits detailed analysis of the management units. In this study, a choice experiment was included in a Delphi application and 5 key variables were identified to evaluate the sustainability of managed natural forests. These variables are, in order of importance—technical, legal and administrative conditions; external financing conditions; production performance; costs of preparing the Management Plan; and payment mechanisms for environmental services. The definition of these variables confirms not only that the technical, legal and administrative conditions are critical for sustainability but also that they could reflect the type of governance involved in sustainability forest management.
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Yunusova, Minavvarhon Sabirovna, and Jahongir Bakhodir Ugli Jurayev. "ELECTRONIC TEXTBOOKS: STRUCTURE AND CONTENT INTEGRATION." CURRENT RESEARCH JOURNAL OF PEDAGOGICS 02, no. 09 (September 30, 2021): 123–29. http://dx.doi.org/10.37547/pedagogics-crjp-02-09-28.
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Purpose. This article describes the formation of a hybrid form of an electronic textbook in legal education, the essence of online education, theoretical and practical foundations for the correct use of available sources of information for electronic textbooks. Methodology. The article uses methods of source analysis, pedagogical experiment and comparative analysis to determine the advantages of an electronic textbook integrating search engines and open access sites. Results. The problems of using electronic textbooks in legal education are analyzed. Studies, scientific works, experiments of foreign scientists have been studied and analyzed, and proposals for implementation in Uzbekistan are given. The existing systems are recommended for the implementation of the virtual environment in the management system of the legal education process. Conclusion. From these results it is clear that with the help of these systems, students can achieve such qualities as the formation and development of research, information and professional competence.
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CAMPBELL, KIRSTEN. "The Making of Global Legal Culture and International Criminal Law." Leiden Journal of International Law 26, no. 1 (February 5, 2013): 155–72. http://dx.doi.org/10.1017/s0922156512000696.
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AbstractIt is commonly agreed that international criminal law (ICL) is a ‘hybrid’ legal culture, which mixes the legal traditions of the common law and civil law. However, the precise nature of this legal culture remains a contentious legal and theoretical issue. The paper identifies the two dominant models of ICL within these debates as either a clash of cultures or a sui generis system, and shows how neither satisfactorily engages with the concept of legal culture itself. To address this problem, the paper develops a new account of ICL as a global legal culture. The paper first identifies the distinctive ‘cultural logic’ of ICL, drawing on the example of recent developments in sexual violence offences. It then examines how ICL takes a global legal form, which ‘globalizes’ liberal legal culture. Finally, the paper shows how this process of making the legal culture of ICL ‘global’ creates its cultural contradictions, but also enables the possibility of making a new legal culture at the international level.
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Sylkina, Alena. "Approaches to Defining a Television Format as one of Intellectual Property Law objects: Ukrainian and Foreign Experiences." European Journal of Sustainable Development 9, no. 4 (October 1, 2020): 364. http://dx.doi.org/10.14207/ejsd.2020.v9n4p364.
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In this article the author analyzes theoretical approaches which were formulated due to the appearance of complex objects of Intellectual Property Law. The attention is concentrated on the analysis of concepts that investigate the legal nature of a television format. The author considers that it is necessary to differentiate a positive approach which recognizes that a format is an object of Intellectual Property Law and negative approach which denies the possibility of television formats protection.
Through the method of comparison between the scientific doctrine and judicial practice in the countries of the Romano-Germanic and Anglo-Saxon legal systems, the author classifies concepts to be developed by theoretic community. Thus, negative approach of the Romano-Germanic Legal system countries is confirmed by normative legal acts which relate to the ideas, methods and concepts. Representatives of the Anglo-Saxon Legal system make it impossible to protect a format within the doctrines: "scene a fair", "idea\expression", "merger", etc. The author prefers the positive approach which is divided into the following concepts of the analysis of a format: as a dramatic work (according to Copyright Law), as a hybrid object, as a synthetic object, as a compilation, as a complex object of IP Law.
The author gives the definition to a television format, explains its legal nature, and views a format as one related to the concept of complex Intellectual Property Law objects. She analyzes judicial practice which has developed in Ukraine and abroad. Taking into consideration the fact that relations which are connected with the distribution of a format have not only national, but also global character, it is important to unify the given approaches and to use them in legislature. It is relevant to enhance and standardize the legislation in the television field which would contribute to the development of contractual relations between the countries.
Keywords: tv-format, television format, complex object, hybrid object, intellectual property
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Litwin, Wojciech, Wojciech Leśniewski, and Jakub Kowalski. "Energy Efficient and Environmentally Friendly Hybrid Conversion of Inland Passenger Vessel." Polish Maritime Research 24, no. 4 (December 20, 2017): 77–84. http://dx.doi.org/10.1515/pomr-2017-0138.
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Abstract The development and growing availability of modern technologies, along with more and more severe environment protection standards which frequently take a form of legal regulations, are the reason why attempts are made to find a quiet and economical propulsion system not only for newly built watercraft units, but also for modernised ones. Correct selection of the propulsion and supply system for a given vessel affects significantly not only the energy efficiency of the propulsions system but also the environment - as this selection is crucial for the noise and exhaust emission levels. The paper presents results of experimental examination of ship power demand performed on a historic passenger ship of 25 m in length. Two variants, referred to as serial and parallel hybrid propulsion systems, were examined with respect to the maximum length of the single-day route covered by the ship. The recorded power demands and environmental impact were compared with those characteristic for the already installed conventional propulsion system. Taking into account a high safety level expected to be ensured on a passenger ship, the serial hybrid system was based on two electric motors working in parallel and supplied from two separate sets of batteries. This solution ensures higher reliability, along with relatively high energy efficiency. The results of the performed examination have revealed that the serial propulsion system is the least harmful to the environment, but its investment cost is the highest. In this context, the optimum solution for the ship owner seems to be a parallel hybrid system of diesel-electric type
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Trofimov, Oleg, Andrey V. Rubezhov, Maria Kraft, and Andrey V. Udaltsov. "About creation of a hybrid multi-level atmospheric air monitoring system in the Republic of Tatarstan." Pharmacy Formulas 2, no. 3 (October 9, 2020): 96–103. http://dx.doi.org/10.17816/phf43137.
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The existing system of instrumental monitoring of the state of atmospheric air in the Republic of Tatarstan systematically reveals the facts of unsatisfactory quality of atmospheric air, in this connection, special attention has been paid to the work on regulating the impact of emissions on atmospheric air by means of calculated monitoring. The article notes that by now all the necessary legal framework has been created for creating a hybrid multi-level atmospheric air monitoring system in the Republic of Tatarstan. The paper provides a justification for the need to implement a hybrid multi-level atmospheric air monitoring system for three levels: the level "Enterprise" or "group of enterprises", the level" Municipality", the level"Subject of the Russian Federation the Republic of Tatarstan". The General scheme of the organization of environmental data collection in the Republic of Tatarstan and the scheme of the integrated architecture of the environmental data collection system are presented. The results of the implementation of a hybrid multi-level atmospheric air monitoring system in the environmental policy of the Republic of Tatarstan are presented
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Zinchenko, Oleksandra. "EUROPEAN REGIONAL SYSTEM FOR COMBATING CYBERTERRORISM: POLITICAL, INSTITUTIONAL AND LEGAL MECHANISMS." 39, no. 39 (July 10, 2021): 118–22. http://dx.doi.org/10.26565/2220-8089-2021-39-15.
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The current stage of development of cyberterrorism in Europe is considered. The progression of this phenomenon is facilitated by the Internet, which has a significant impact on all spheres of public life, providing a huge amount of information to any user and encouraging the placement of such information and its dissemination. The factors that complicate the process of countering cyberterrorism are identified; it is proved that modern cyberterrorism is an integral part of hybrid wars and one of the effective levers of achieving political goals in the international arena. The political, institutional and legal mechanisms of countering cyberterrorism in the European regional cybersecurity system are revealed. The ways and methods of carrying out cyberattacks, as well as the capabilities of the European regional system of countering them are shown. This problem is highlighted at the international level, documents are indicated that provide methods of counteraction. The experience of advanced countries in the fight against cyberterrorism is examined. It is noted that a feature of cyberterrorism is the desire of the attackers to commit a terrorist act not only with dangerous consequences for the infrastructure and the population, but also with significant public resonance. This factor is especially complicating for the current situation, because social networks today allow you to cover any information at the desired time, with the desired goal and in the desired manner. However, cybercriminals are constantly improving their activities; there are new forms of terrorism on the Internet, new ways of intimidating the population, new methods of influencing the minds of people. At the same time, the structure of cybercrime differs significantly in different countries depending on the nature and degree of development of information technologies in them, the spread of the Internet, the use of electronic services and e-commerce. The aforementioned necessitates constant updating, improvement and adjustment of the existing anti-terrorist national, regional and international legislation.
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Monteiro Collaço, Alcir, Pedro Henrique Silva Bezerra, Renan De Souza Carvalho, and Celso Eduardo Lins de Oliveira. "MARCO LEGAL PARA COMÉRCIO DE ENERGIA EM USINA SUCROALCOOLEIRA SOLAR HÍBRIDA." ENERGIA NA AGRICULTURA 35, no. 4 (May 21, 2021): 578–92. http://dx.doi.org/10.17224/energagric.2020v35n4p578-592.
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MARCO LEGAL PARA COMÉRCIO DE ENERGIA EM USINA SUCROALCOOLEIRA SOLAR HÍBRIDA ALCIR MONTEIRO COLLAÇO1, PEDRO HENRIQUE SILVA BEZERRA2, RENAN DE SOUZA CARVALHO3, CELSO LINS DE OLIVEIRA4 1Professor. Universidade de Mogi das Cruzes, Campus Villa-Lobos. Av. Imperatriz Leopoldina, 550, Vila Leopoldina. 05305-060. São Paulo, SP, Brasil. E-mail:alcir.collaco@hotmail.com 2Professor Adjunto. Universidade do Estado de Mato Grosso “Carlos Alberto Reyes Maldonado”, Campus de Nova Mutum. Av. das Garças, 1192, Jardim das Orquídeas. 78450-000. Nova Mutum, MT, Brasil. E-mail: pedro.bezerra@unemat.br 3Mestre em Tecnologia da Energia. Instituto de Energia e Ambiente. Universidade de São Paulo. Av. Prof. Luciano Gualberto, 1289, Butantã. 05508-010. São Paulo, SP, Brasil. E-mail: renan2.scarvalho@gmail.com 4Professor Titular no Departamento Engenharia de Biossistemas. Universidade de São Paulo. Faculdade de Zootecnia e Engenharia de Alimentos. Av. Duque de Caxias Norte, 225, Campus Pirassununga. 13635-900. Pirassununga, SP, Brasil. E-mail: celsooli@usp.br RESUMO: A utilização de fontes de energias renováveis em sistemas agroindustriais, têm sido uma alternativa no processo de transição energética. No mercado de energia, o principal quesito para a seleção do tipo de geração ainda é o custo. O objetivo deste trabalho, foi demonstrar o desempenho energético de 4 modelos de sistemas heliotérmicos híbridos, acoplados a uma usina sucroalcooleira, atuando no atual mercado de energia por meio do comércio da energia gerada excedente ao consumo. O software System Advisor Model (SAM), foi utilizado nas simulações para a obtenção do desempenho energético e do custo nivelado da energia gerada (LCoE). Os casos foram dimensionados a atender a carga de consumo de uma usina sucroalcooleira, operando em resposta ao recurso solar. A hibridização de sistemas (Concentrated Solar Power) CSP de geração com biomassa disponível durante parte do ano contribui para um bom fator de capacidade. Sistemas de geração, que operam com duas fontes distintas, possibilitam mais segurança de entrega e minimizam riscos, o que contribuiu na formulação do contrato de energia. Os entraves do mercado de energia são possíveis de serem solúveis por meio da aplicação de políticas públicas energéticas, de forma a alavancar a competitividade da tecnologia CSP em relação às demais. Palavras-chave: energia solar concentrada, geração híbrida, usina sucroalcooleira, mercado de energia, contrato de energia. LEGAL FRAMEWORK FOR ENERGY TRADE IN HYBRID SOLAR SUGAR ALCOHOL POWER PLANT ABSTRACT: The use of renewable energy sources in agro-industrial systems has been an alternative in the energy transition process. In the energy market, the main issue for selecting the type of generation still the cost. This paper aimed to demonstrate the energy performance of 4 models of hybrid heliothermic systems, coupled to a sugar and alcohol power plant, operating in the current energy market through the trade of energy generated in excess of consumption. To obtain the energy performance and the leveled cost of energy (LCoE), simulations were carried on the software System Advisor Model (SAM). The cases were sized to meet the consumption load of a power plant, operating in response to the solar resource. The hybridization of CSP (Concentrated Solar Power) systems with biomass available during part of the year can increase the capacity factor. Generation systems, which operate from two sources, provide more secure delivery of energy and minimize risks, which contributed to the formulation of the energy contract. The obstacles in the energy market are possible to be solved through the application of public energy policies, in order to leverage the CSP technologies’ competitiveness regarding other green technologies. Keywords: concentrated solar power, hybrid generation, sugar/alcohol power plant, energy market, energy contract.
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de Doile, Gabriel Nasser Doyle, Paulo Rotella Junior, Luiz Célio Souza Rocha, Ivan Bolis, Karel Janda, and Luiz Moreira Coelho Junior. "Hybrid Wind and Solar Photovoltaic Generation with Energy Storage Systems: A Systematic Literature Review and Contributions to Technical and Economic Regulations." Energies 14, no. 20 (October 11, 2021): 6521. http://dx.doi.org/10.3390/en14206521.
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The operation of electrical systems is becoming more difficult due to the intermittent and seasonal characteristics of wind and solar energy. Such operational challenges can be minimized by the incorporation of energy storage systems, which play an important role in improving the stability and reliability of the grid. The economic viability of hybrid power plants with energy storage systems can be improved if regulations enable the remuneration of the various ancillary services that they can provide. Thus, the aim of this study is to provide a literature review regarding the economic feasibility of hybrid wind and solar photovoltaic generation with energy storage systems and its legal and regulatory aspects. Observing the global tendency, new studies should address the technical and economic feasibility of hybrid wind and solar photovoltaic generation in conjunction with, at least, one kind of energy storage system. In addition, it is very important to take into account the regulatory barriers and propose solutions to remove them. It was observed that although regulatory aspects can influence the economic feasibility of hybrid projects, little is known about this relationship among regulatory frameworks. The findings presented in this article are important not only for Brazil, but also for other countries that do not have regulations in force to support the use of energy storage systems in hybrid systems.
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Veselova, Liliya. "IMPROVING UKRAINE'S ADMINISTRATIVE-LEGAL SUPPORT FOR CYBER SECURITY: EU AND NATO EXPERIENCE IN COUNTERING HYBRID CYBER THREATS." PUBLIC ADMINISTRATION AND LAW REVIEW, no. 3 (October 1, 2020): 67–73. http://dx.doi.org/10.36690/2674-5216-2020-3-67.
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The article focuses on the activities of NATO and the European Union, that consider combating hybrid threats a priority for international cooperation. A number of EU documents have been analyzed, which form a clear idea of cyber threats’ hybridity and main directions of administrative, legal and organizational support of cybersecurity, in particular, on combating hybrid cyber threats in the European Union. Based on the analysis, that at the present stage of development of society the bases were formed on the establishment of a sustainable perception of the risk problem as one of the forming factors of the modern and especially the future society, which is also becoming increasingly socially important. The aim of the article: to identify areas for improving the administrative and legal support of cybersecurity in Ukraine by borrowing the experience of the EU and NATO to combat hybrid cyber threats. The research methodology: the system of general scientific and special methods of cognition, namely the formal-legal method, comparative legal method and method of scientific abstraction. It is emphasized that the domestic regulatory framework has significant shortcomings and requires the introduction of appropriate rules for the introduction of risk-based approach in cybersecurity activities in Ukraine, as well as the definition of basic terms («risk-based approach to cybersecurity», «risk-oriented approach to critical infrastructure protection», «risks», «risk management»). The essence and meaning of the term «sustainability», which has gained practical application in strategic documents in the field of security and in essence is the latest concept of modern theory of national security, which has practical significance for state policy in security environment and is important for security practice in cyberspace, because it is the presence of hybrid threats in cyberspace that cannot be prevented, necessitates the formation of a new approach, in particular, the formation of «sustainability», which in turn should be implemented in public cyberspace policy.
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Vorberg, Martin. "Information Logistics @ Bucerius Law School (Hamburg): Legal Information for Studies, Research, Teaching and Education." Legal Information Management 14, no. 2 (June 2014): 126–32. http://dx.doi.org/10.1017/s1472669614000310.
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AbstractThe aim of this article, written by Martin Vorberg, is to portray the approach to information logistics at a private law school in Hamburg, Germany which is a largely self-sufficient, coordinated library system, with occasional use of local libraries and supra-regional delivery services. The article describes the management of a main library and more than twenty branch libraries in the context of some challenging times and in relation to hybrid collections and the uses of electronic media.
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Szkarłat, Monika. "Legal and political hybridity of the European Union – genetically modified organisms’ case." Przegląd Europejski, no. 3.20 (September 1, 2020): 125–44. http://dx.doi.org/10.31338/1641-2478pe.3.20.8.
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The European Union can be described as a particular hybrid integration structure that combines features of a state and intergovernmental organisation. Its institutional framework, legal system and division of competences are examples of a supranational organisation or a transnational decision-making system. The decision-making process is an outcome of network interactions between multiple actors, whose relations are non-hierarchically ordered. Genetically modified organisms (GMO) as an example of modern biotechnology application is a highly polarising subject in the EU, as well as globally. Thus, the policy towards GMO is an exemplification of legal and political hybridity of the EU. The analysis of the EU’s legal and political hybridity will be narrowed down to the GM plants case and methodologically organised around the concept of decision-making analysis that is composed of five categories: decision-making situation, actors, decision-making process, decision, implementation of the decision
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Gurzhii, Taras, Anna Gurzhii, and Adam Jakuszewicz. "Public Law and Administration under Conditions of Hybrid Warfare (The Experience of Ukraine)." Comparative Law Review 27 (December 22, 2021): 195–218. http://dx.doi.org/10.12775/clr.2021.007.
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Events that took place in Ukraine in 2014 transparently demonstrated the maladjustment of the national legal and administrative system to the challenges of hybrid warfare in times of peace. Although it took into account the possibility of direct military threats, it proved not to be ready for withstanding unconventional pressure. This state of affairs significantly weakened the state’s ability to resist and led to a number of dramatic political miscalculations, organizational failures, and acute social problems. The subsequent update of the national public law and administrative system made it possible to improve the situation, but at the same time it revealed a number of pressing issues related to the need to strike a balance between the state’s commitment to ensure the protection of human rights and the necessity to protect national security. In this sense the experience of Ukraine is instructive for many countries of the world, especially for those that are the target of the geopolitical ambitions of the modern Russia. The paper discusses the public law of Ukraine in recent years with the view of highlighting some key problems of legal regulation, as well as identifying some promising ways to develop public administration so that it is capable of effectively coping with the threats of hybrid warfare.
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Diorditsa, I. V. "ADMINISTRATIVE AND LEGAL CONTENT OF THE NATIONAL CYBERSECURITY SYSTEM AS A COMPONENT OF THE NATIONAL SECURITY SYSTEM OF UKRAINE." Actual problems of native jurisprudence 1, no. 1 (March 4, 2021): 79–83. http://dx.doi.org/10.15421/392117.
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The article offers for consideration the author's results of determining the conceptual provisions of the administrative and legal content of the national cybersecurity system as a component of the national security system of Ukraine. The content of the current state of state policy in the field of formation of the cybersecurity system is considered. Theoretical and practical aspects of organizational support of the cybersecurity system are analyzed. General and special subjects of cybersecurity are identified. The own vision of the following main elements in the system of cyber security of Ukraine (according to the main types of threats to cybersecurity) is proposed: 1) national system of combating cybercrime; 2) national system for combating cyberterrorism; 3) a nationwide system for combating cyber espionage; 4) national system of counteraction to information wars and new complex types of threats, including hybrid wars; 5) national system of cyber protection of national critical infrastructure. The administrative and legal understanding of the concept of national cybersecurity system is established – a set of special subjects of the national cybersecurity system, means and methods used by them, as well as a set of relevant interconnected information, cybernetic, legal, organizational, technical and strategic communications measures carried out by them. It is concluded that since the national security system is multicomponent, there is a need for a special subsystem, the purpose of which would be to ensure the functioning and development of this system, ie to ensure the viability of its system-forming elements, including national interests, society, state. Such a system is the national security system, as well as the national cybersecurity system. These factors confirm the conclusion that the national cybersecurity system is considered not only as a subsystem of the state information policy, but also primarily as a component of the national security system of Ukraine.
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Goettenauer, Carlos. "The Brazilian Financial System, Cyber Security Policy and Personal Data Protection." Law, State and Telecommunications Review 12, no. 2 (October 12, 2020): 172–86. http://dx.doi.org/10.26512/lstr.v12i2.34716.
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Purpose ”“ This work intends to map and analyze, through the polycentric regulation proposal introduced by Julia Black, the contribution of the actors involved in the creation of the data protection regulatory legal regime in financial system, after the introduction of the cyber security policy by the Central Bank of Brazil, the approval of the General Data Protection State and new financial business models.
Methodology ”“ It first analyses the regulatory and statutory norms associated with data protection in the financial system, combined with the cyber security policies published by financial institutions. After this, it identifies the actors who contribute to the regulatory environment and their respective regulatory role. The final step is the creation of a table to categorize each actor’s functions in the regulatory regime.
Findings ”“ The research concludes that the contracts between financial institutions and technology play a major role on creating and hybrid regulatory environment for data protection.
Originality ”“ The work is an original analysis of the data protection regulatory legal regime in financial system, using polycentric regulation not only as a theoretical reference, but also as a methodological framework.
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Ševcová, Katarína, Peter Zajác, Jozef Čapla, and Jozef Čurlej. "Development of the food act of the Slovak Republic from 1995 to 2021." Potravinarstvo Slovak Journal of Food Sciences 15 (September 27, 2021): 982–94. http://dx.doi.org/10.5219/1689.
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Legislation in food is quite fragmented, it includes several regulations, amendments due to the rapid development both in the studied area and the influence of European law. It is a legal branch of a relatively hybrid nature. It contains agricultural legislation that intersects with environmental law. It also affects administrative, financial, and criminal law as a branch of public law. Nor can commercial and civil law as the basis of private law be circumvented here. The legal norm has undergone a relatively interesting development, which is characterized by several amendments. During the more than 25 years of validity of this legal norm, a total of more than twenty amendments. This certainly does not contribute to the stability of the legislation, the legal certainty of the entities concerned, or its clarity and system. The article provides an overview of the development of the legal regulation of the Food Act in Slovakia from 1995 to 2021.
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Phooko, Moses Retselisistoe. "Revisiting the Monism and Dualism Dichotomy: What does the South African Constitution of 1996 and the Practice by the Courts tell us about the Reception of SADC Community Law (Treaty Law) in South Africa?" African Journal of International and Comparative Law 29, no. 1 (February 2021): 168–82. http://dx.doi.org/10.3366/ajicl.2021.0356.
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The jurisprudence of the (suspended) SADC Tribunal shows that the Tribunal was prepared to utilise the principles of democracy, human rights and the rule of law contained in the Treaty of the Southern African Development Community (SADC Treaty) to ensure that SADC member states fulfil their treaty obligations. The decisions rendered by the SADC Tribunal and the participation of the South African former President in a process that halted the functioning of the Tribunal have brought interesting legal developments in the South African legal system in so far as the reception and application of SADC community law in South African municipal law is concerned. The argument presented in this article is that the recent seemingly monist approach by the courts represents a major shift from a prescribed procedure provided for in the Constitution of South Africa, 1996 (the Constitution). The practice by the courts further ignores the dualist nature of South Africa's legal system. The main question presented in this discourse is whether a departure by the courts from a constitutionally mandated procedure of domesticating SADC community law into municipal law signifies a new and settled norm which entails that South Africa now follows a hybrid system (i.e. monism and dualism) of treaty incorporation? In light of this possible legal uncertainty, I propose that South Africa adopts a harmonisation theory to address the legal gap created by the courts.
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SULLIVAN, GAVIN, and MARIEKE DE GOEDE. "Between Law and the Exception: The UN 1267 Ombudsperson as a Hybrid Model of Legal Expertise." Leiden Journal of International Law 26, no. 4 (November 8, 2013): 833–54. http://dx.doi.org/10.1017/s0922156513000435.
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AbstractSecurity measures taken in the name of the ‘war on terror’ have frequently been understood to operate through a domain of exception, defined as an extra-legal space of intervention where normal rules of juridical protection and due process are suspended. Yet whilst most analyses of the exception are critically reliant on notions of legal threshold, they are largely dismissive of the potentially productive nature of legal contestation. This article inquires into the dynamic confrontation between law and exception in the context of the UN 1267 sanctions system, focusing on the Office of the Ombudsperson as an institutional experiment designed to remedy the fundamental rights deficiencies of the regime. Drawing on Agamben's analysis of the exception as a ‘hybrid space’ and Dyzenhaus's concept of the ‘legal grey hole’, our analysis of the Ombudsperson demonstrates the emergence of novel, hybrid procedures and evidentiary standards being deployed in the 1267 delisting process. First, we assess the Ombudsperson's logics of decision-making and argue that their appeals to fairness hinge on the production of a temporal chasm that legitimizes the deployment of intelligence material in listing cases. Second, we show that the Ombudsperson is in the process of carving out novel evidential standards that are more attentive to notions of inference and speculation than conventional standards of proof. These standards serve to fortify the use of sanctions as a pre-emptive security measure and do not, in principle, appear to exclude material that may be obtained by torture.
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Hosen, Gazi Delwar, and Syed Robayet Ferdous. "The Role of Mobile Courts in the Enforcement of Laws in Bangladesh." Northern University Journal of Law 1 (April 7, 2014): 82–95. http://dx.doi.org/10.3329/nujl.v1i0.18527.
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Mobile court ventilates a praiseworthy neo-paradigm in the whole gamut of enforcing laws in the adversarial legal tradition of common law system in Bangladesh. The very outline of mobile courts, in terms of its structure, legal basis, modus operandi, functioning, efficacy, judicial activism, etc. are concerned, it is axiomatically proved that the mobile court is an admixture of inquisitorial and adversarial legal traditions of civil and common law legal system as a hybrid legal system for ensuring justice through dynamic implementation of law. Mobile court is probably the most popular and effective government institution to materialize the laws which is a core demand of millions of down trodden people in Bangladesh, thereby providing an avenue of hope for this nation. At the infancy stage of mobile court, we discover multi- dimensional problems in terms of its functioning, legal basis, logistic support, acceptance to the vested segment and people at large. But notwithstanding these multi-faceted acid tests, mobile court takes place an unparallel and distinctive place to protect and preserve consumer protection, sound public heath, law & order situation and ultimately justice through the proper enforcing of existing concomitant laws. This is high time for all of us to launch profound research and investigations to find out its lacunae so as to establish a full-fledged and robust socio-legal background for mobile court so that it can work with its full bloom. DOI: http://dx.doi.org/10.3329/nujl.v1i0.18527 Northern University Journal of Law Vol.1 2010: 82-95
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Riekkinen, Mariya. "On the constitutional legal consolidation of the principles of egalitarian education in Russia and Finland." Право и политика, no. 7 (July 2021): 36–47. http://dx.doi.org/10.7256/2454-0706.2021.7.36079.
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This article carries out a comparative legal analysis of the constitutional legal consolidation of the principles of egalitarian education in Russia and Finland. The majority of national education systems represent the so-called hybrid systems, in which egalitarian foundations coexist with certainty elitist elements. First and foremost, it is associated with the need to ensure practical orientation of education for maintaining competitiveness of the countries that are capable of inventing innovative technologies. The achievement of humanistic goals of education remains important. Articulating the problem of whether to allocate budgetary funds to support students with outstanding talent, or rather support those experiencing difficulties with access to education. The object of this research is the legal relations in the area of exercising the right to basic public education. The author’s special contribution consists in articulation of the problem of clarifying the social effectiveness of egalitarian and elitist models of education on the example of legislation of Russia and Finland. Leaning on the conceptual and international legal principles of equality in education, a comparative legal analysis is conducted on the constitutional legal consolidation of equal opportunities in receiving basic public education in Russia and Finland. It is noted that the differences in the structure of education system, mostly egalitarian in Finland and rather elitist in Russia, depend not only on the availability of resources, but also on the political choice of the past, present and oriented towards the future.
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Gruszczak, Artur. "Inkorporacja acquis Schengen do prawa Unii Europejskiej i prawa krajowego państw członkowskich." Przegląd europejski 3 (May 12, 2019): 69–84. http://dx.doi.org/10.5604/01.3001.0013.1921.
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This article takes up in the form of an interdisciplinary legal and political analysis the issue of the incorporation of the Schengen acquis into European Union law and the national legal systems of the EU member states in the light of the concept of a hybrid system of territorial governance. Accordingly, the Schengen acquis stimulated the process of intersecting the interests of internal security and the protection of Member States’ borders with the supranational ideological imperative with regard to the principle of free movement of persons. The argument developed in this article is that the incorporation of the Schengen acquis into EU law consolidated hybridity of the legal and institutional construction of the EU after the Amsterdam Treaty as a result of the contradiction between the logic of political bargain at the intergovernmental level and the vertical spillover generated at the supranational level in the institutional and decision-making dimensions. The conclusions point to the emergence, as a result of “schengenisation”, of the area of freedom, security and justice in the EU, in which the principle of free movement of people brought about diversification of the states’ adaptation mechanisms in relation to the ideologically determined project of transformation of the system of management of the territory and borders within the European Union.