Academic literature on the topic 'Relations between legal systems'
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Journal articles on the topic "Relations between legal systems"
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Matulewska, Aleksandra. "Semantic Relations between Legal Terms. A Case Study of the Intralingual Relation of Synonymy." Studies in Logic, Grammar and Rhetoric 45, no. 1 (June 1, 2016): 161–74. http://dx.doi.org/10.1515/slgr-2016-0022.
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Abstract The author intends to present a possibility of parametrising legal terminology in order to reveal semantic and systemic relations at the intralingual and interlingual levels. The scope of the research comprises selected legal terminology from the following legal systems: Polish, British, American and European Union. The research methods used include: (i) the analysis of comparable texts, (ii) the method of parametrisation of the legal linguistic reality, (iii) the concept of adjusting translation to the communicative needs and requirements of the recipient community. The research hypothesis is that parametrisation of legal terminology in respect of semantic and systemic relations may be a useful tool in organising and comparing terminology for the purpose of legal translation. First the relation of synonymy binding terms at the intralingual and interlingual levels in the light of systemic and genre-related relations is discussed. The proposal is illustrated with examples of legal terms and the networks of relations binding them in English and Polish. The conclusions are that such an approach is systematic and provides a translator with information necessary to render communicatively efficient translations.
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DERGACHOV, Viktor S., Valentyna A. VASYLYEVA, Ali KABAHA, Alexandr A. GRIBINCEA, and Denys L. KOVACH. "Structuring Relations in Civil Law after the Termination of Relations between Subjects." Journal of Advanced Research in Law and Economics 11, no. 1 (March 31, 2020): 237. http://dx.doi.org/10.14505//jarle.v11.1(47).28.
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The relevance of structuring relations in the field of civil law is determined by the forms of interaction between the subjects that were the initiators of the termination of legal relations. In this regard, the issues of maintaining relations, which could be continued in the future, are regulated on the basis of other contractual relations. With that, the works of legal scholars do not always provide sufficient grounds to propose points of fixation of the termination of relations. In this regard, the establishment of the meaning of legal facts for the formation of high-quality relationships between legal subjects after the termination of interaction remains very relevant. The novelty of the study is determined by the fact that for the first time the aspects of creating and consolidating forms that would ensure sustainable development and minimize conflicts after termination of contractual relations are considered in civil law. The authors of the paper analyze the current legislative provisions and determine the direction of its development in the context of globalization. The article explores the theoretical construct of these relations and provides an analysis of civil legislation as applied to industry standards of economic legislation. The practical significance of the study is determined by the fact that the application of the developed provisions will facilitate the harmonization of national legislations in the formation of bloc legal systems.
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Chuklova, Elena Valerievna. "The Relations Between the Institution of Procedural Responsibility, Legal Relationships and Legal Practice." Юридические исследования, no. 10 (October 2019): 73–85. http://dx.doi.org/10.25136/2409-7136.2019.10.30890.
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The subject of this research is the institution of procedural responsibility and its relations with legal relationships and legal practice. In her research Chuklova defines genetic, coordination, subordination and functional relations. According to the author, implementation of procedural responsibility provisions creates both material and procedural legal relations. The author demonstrates that the institution of procedural responsibility either relates to legal relationships at the functional genetic level disregarding the definition of a particular legal relationship or acts as a result of legal regulation or means of regulation. There should be legal grounds for creating such an institution, too. The institution of procedural responsibility creates conditions for discovering the truth in criminal, civil or administrative cases, thus demonstrating subordination relations. The research is based on general and special research methods such as comparative law, formal law analysis, functional and systems approaches, etc. As a result of the research, the author concludes that judicial practice is a coordination link between procedural form and material law, however, many court decisions demonstrate a negative tendency in implementation of the procedural responsibility provisions when there is a total substitution of one term with the other. For example, contempt of court includes such actions as numerous continuous disqualifications, non-submission of documents, failure to appear in court, non-compliance with court orders, negative remarks about a judge's professional or personal qualities. The article is funded by The Russian Foundation for Basic Research, project No. 19-011-00103 А 'Legal Responsibility in Russia's Legal System: the Concept of Interaction, Interconnection and Elimination of Contradictions with Other Elements of Legal System'.
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Vasyliev, Sergii, Philip Epryntsev, and Tetiana Rekunenko. "LEGAL GLOBALISATION AND ECONOMIC SYSTEMS." Baltic Journal of Economic Studies 9, no. 4 (November 17, 2023): 50–57. http://dx.doi.org/10.30525/2256-0742/2023-9-4-50-57.
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The objective content of globalisation is made up of processes that are heterogeneous in their origins, mechanisms and consequences, which makes it possible to consider globalisation as a complex system of phenomena and relations that is internally quite contradictory. This status of globalisation processes gives rise to a wide variety of concepts and theories of the origin and development of globalisation, among which a separate group studies globalisation in the field of economics and law. The article examines the main theories and concepts of the globalisation process and, on the basis of these, formulates general trends and guidelines for the development of the national legal and economic system. The author presents the main modern scientific positions on the nature and content of globalisation in the field of economics and law, which have made it possible to highlight its characteristics and conceptuality. It should be noted that the analysis of academic theories shows, firstly, that scholars tend to argue for legal globalisation exclusively through the sphere of economic relations and, secondly, that there are significant differences of opinion regarding the prospects of globalisation in this area. The authors suggest that the main trends are: (a) legal globalisation: internationalisation of national law, internalisation of international law – incorporation of international law into national law, globalisation of legal regulation; (b) economic globalisation: concentration and centralisation of capital, strengthening of the international division of labour, formation of international transport and logistics infrastructure, development of information and technological progress. The subject of the study is the main patterns of globalisation in the field of economics and law: theoretical concepts and models; current status, dynamics, main trends of development, as well as the state of scientific research in this field. The methodological basis of the study is, first of all, modern philosophical methods of cognition (dialectical, historical and logical, systemic and analytical). The study used general scientific methods of comparison, analysis and synthesis, abstraction and generalisation, analogy, induction and deduction. For the purposes of this study, system-structural and system-functional methods of cognition were widely used. These tools made it possible, first of all, to identify the dynamic characteristics of law in the system of socio-cultural values. Results. Globalisation is an objective process independent of the will and desires of individuals and states. Globalisation is an intrinsically contradictory phenomenon that opens up new opportunities for development and interaction between states, while exacerbating old and generating new problems. An intensive direction of globalisation is the acquisition of a new quality by world economic ties – increased interdependence and interaction of all spheres and components of international relations. Whereas at the previous stages of internationalisation of international relations, economic imperatives were recognised as dominant, today the importance of the legal factor is growing. It is stated that when studying the phenomenon of globalisation, at least two aspects are distinguished: (1) globalisation is an objective process, (2) it is promising to identify and use its positive aspects, and to identify and neutralise its negative phenomena. The complexity of the study of globalisation processes lies in the need to take into account the old and develop new models of social transformation.
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Czaplinski, Władysław. "Relations Between International Law and the Municipal Legal Systems of European Socialist States." Review of Socialist Law 14, no. 1 (1988): 105–27. http://dx.doi.org/10.1163/187529888x00077.
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Ogus, Anthony. "Competition Between National Legal Systems: A Contribution of Economic Analysis To Comparative Law." International and Comparative Law Quarterly 48, no. 2 (April 1999): 405–18. http://dx.doi.org/10.1017/s0020589300063259.
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Three main tasks can be identified for comparative law. The first is to investigate differences between legal systems and, in particular, to distinguish between “real” differences, where the outcomes of the application of principles diverge between legal systems, and “superficial” differences, where similar outcomes are masked by the conceptual structures of the relevant systems. The second is to trace developments in the relationships between legal systems and thus to explore tendencies of convergence or divergence (in terms of “real” differences), noting that in some areas convergence may be required under international legal instruments. The third task is to explain and to evaluate such developments: why do systems converge or diverge? Is convergence desirable or undesirable?
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Kushu, S. O. "BASES OF MODERN INTERNATIONAL TAX LAW." Scientific bulletin of the Southern Institute of Management, no. 2 (June 30, 2017): 24–27. http://dx.doi.org/10.31775/2305-3100-2017-2-24-27.
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International tax law is one of the most important components of international taxation, since it contributes to the establishment of universal principles for the collection of taxes in the globalizing system of world economic relations, and also affects the transparency of the borders between national tax jurisdictions. International legal regulation of taxation is designed to solve numerous disputes between different countries of the world, the conflict of national legal systems in a kind of struggle for the right to impose incomes of subjects of international economic relations. In a broad sense, international tax law is understood as a set of international legal principles and norms governing interstate relations in the tax sphere. At the same time, the national taxation systems and the legal principles of their organization in the current system of world economic relations have fairly stable sovereignty. They remain highly autonomous, despite the continuously increasing impact of factors of the external economic and tax environment.
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Nikšić, Jasmina. "Property relations between spouses according to Shariah law and comparative analysis with positive legal regulations of the the Republic of Serbia." Univerzitetska misao - casopis za nauku, kulturu i umjetnost, Novi Pazar, no. 22 (2023): 21–28. http://dx.doi.org/10.5937/univmis2322021n.
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Property relations between spouses belong to specific legal relations precisely because of the great influence of personal and emotional relations between the parties. Sharia law as a different legal system differs greatly from all legal systems in many respects. Precisely for these reasons, it was interesting to investigate how property relations between spouses are regulated in Sharia law, which is based on different principles. The research on this topic is especially important for its comparative analysis with the positive legal regulations of the Republic of Serbia in relation to the institutes valid in Sharia law and their review and comparison. The paper deals with the rights and duties of spouses in Islamic marriage in terms of property, ways of acquiring property in marriage, special property of married women, property regimes in Islamic and civil marriage, alimony, wedding gift (mehr), dowry (goods that a woman receives when marriages by his family) and gifts as ways of acquiring special property in an Islamic marriage.
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Gorokhova, Svetlana Sergeevna. "Identification of artificial intelligence systems in legal field: the fundamentals of cyber law." Юридические исследования, no. 6 (June 2020): 1–11. http://dx.doi.org/10.25136/2409-7136.2020.6.33419.
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The subject of this article is the social relations established in the process of scientific and technological development in IT sphere that support the work of artificial intelligence systems and relate to scientific discussion on the role of artificial intelligence, robots and objects of robotics in the legal field. The author examines the relevant questions of identification of artificial intelligence systems as a subject, object or other legal phenomenon within the structure of legal relations. The research problem consists in the fact outstripping that the scientific-technological progress outstripped legal regulation of interaction between an individual, society and artificial intelligence, which justifies the need for creation a cyber-law theory. The opinions on the matter in foreign and national literature are analyzed. The article outlines the trends and prospects of implementation of artificial intelligence in various social and economic spheres; determines the contrast of opinions regarding the problems of identification of artificial intelligence systems, as well as incorporation of artificial intelligence into the established legal reality. The author presents and substantiates an original conceptual version of inclusion of artificial intelligence into the legal field, based on the principle of assignment of partial legal capacity to strong and super strong artificial intelligence. The positions on legal responsibility in relations complicated by the presence of artificial intelligence are defined.
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Muzyka-Stefanchuk, O., and N. Yakymchuk. "International currency legal relations and international economic relations: interconnection and interaction." Analytical and Comparative Jurisprudence, no. 5 (November 17, 2023): 648–53. http://dx.doi.org/10.24144/2788-6018.2023.05.114.
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International currency relations are considered through the prism of international economic relations. It is emphasized that the latter arise between subjects from different countries, between tax residents of different tax jurisdictions regarding the production, distribution, exchange and consumption of goods, provision and receipt of services, capital circulation.
It is argued that international economic relations are manifested at different levels of the economy (micro-, meta-, macro-levels). Where the macro level is the level of state and interstate international processes; metalevel these are international ties of industry and regional importance; micro level is the level of connections between firms of different countries.
International economic contacts, international economic interaction, international economic cooperation, international economic integration are considered in detail.
It is proved that the existence of international economic relations gave impetus to the formation of international economic and international currency (monetary) law. So, in the context of international economic law, international currency law and the corresponding legal relations arose as early as the 19th century, and they received the greatest development in the second half of the 20th century. In the XIX-XX centuries currency and financial systems are actively developing both domestically and internationally. It also gave impetus to the formation and development of economic and financial science.
The stages of the evolutionary development of the world monetary and financial system are considered. The main principles of the organization of currency relations in different periods are analyzed.
Alternative options to the existing currency system proposed by various authors are critically considered.
It is proven that the formation and development of international trade relations, the world economy, and the world currency system contributed to the formation of a certain system of legal norms regulating relations in the currency sphere. At the same time, such norms are considered within the framework of different legislation, studied in different academic disciplines.
Dissertations / Theses on the topic "Relations between legal systems"
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Li, Gang [Verfasser], Stefania [Akademischer Betreuer] Travagnin, Mathias [Akademischer Betreuer] Rohe, Michael [Akademischer Betreuer] Lackner, and Mohammed [Gutachter] Nekroumi. "The Hui Muslims' Identity Negotiations : A Socio-Legal Investigation into the Relations between the Sharīʿa and the Chinese Legal Systems / Gang Li ; Gutachter: Mohammed Nekroumi ; Stefania Travagnin, Mathias Rohe, Michael Lackner." Erlangen : Friedrich-Alexander-Universität Erlangen-Nürnberg (FAU), 2021. http://d-nb.info/1239898568/34.
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Sorge, Keith M. "Legal implications of United States ballistic missile defense systems." Thesis, McGill University, 1995. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=23967.
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Following the extensive use of ballistic missiles in the 1991 Persian Gulf War, there has been a renewed emphasis within the United States to develop and deploy anti-ballistic missile defenses.This thesis examines whether the current ballistic missile defense programs of the United States comply with the limitations imposed by the 1972 Anti-Ballistic Missile Treaty between the Soviet Union and the United States.
The thesis begins with a review of the development of ballistic missiles and the systems designed to defend against them. Next an analysis of the ABM Treaty is offered, including its differing interpretations. The Treaty's legal restrictions are then applied to current ABM defensive systems in various stages of research and development. The thesis concludes with an examination of the various lawful possibilities to modify the restrictive provision of the Treaty.
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Xiao, Zhiyue. "Legal aspects of trade and economic relations between the EEC and China." Thesis, King's College London (University of London), 1989. https://kclpure.kcl.ac.uk/portal/en/theses/legal-aspects-of-trade-and-economic-relations-between-the-eec-and-china(f246926a-e465-41c0-b7ac-4ea3d645019b).html.
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This thesis first examines the overall development of the EEC-China trade and economic relations. It then analyses the changing Chinese economy, the non-market economy theory, its application and implication in EEC-China bilateral trade relations. It is suggested that China is no longer a traditional NME after ten years of reform; its economy is in a transitional stage changing from an NME towards a mixed economy. The thesis then reviews the 1978 EEC-China trade agreement. It is found that this agreement provides a highly restrictive MFN treatment between the parties, because China is not a member of the GATT, and is classified as an NME. The thesis analyses the legal framework and problems under the 1978 agreement, and its nature and possible legal effect both in the Community legal system and in the Chinese legal system. It then goes on to look at the Community internal regulations which govern imports from China. The thesis also reviews the 1985 economic cooperation agreement between the EEC and China. It analyses the background and development of the agreement; the areas for cooperation and the investment clause. The cooperation agreement, it is submitted, is more an expression of political goodwill rather than a comprehensive economic cooperation framework such as the home convention. A particular area, namely, antidumping, is separately discussed. This is not only because China is one of the principal targets of the EEC antidumping proceedings, but also the EEC employs a special set of rules against imports from China, as well as other NIlE countries. Trade in textiles is also special interested. It consists of major European imports from China, and as such has a special legal regime. The analysis suggests that trade in textiles between the EEC and China has become more restrictive since 1979. Finally, both the impacts of a single market in 1992 and China's efforts to rejoin the GATF are discussed. It is suggested that the EC should continue to be committed to free trade in theory and more importantly in practice, and to remove existing restrictions on imports from China; whereas China should continue its economic reform and gradually open up its own market to the EC.
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Logie, André N. "Legal implications of mobile communication systems in Low Earth Orbits (LEOs)." Thesis, McGill University, 1996. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=27458.
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The world of telecommunications has dramatically evolved these last few years. With the wind of liberalization blowing, private companies are playing a new role in an area where monopolistic public entities had always imposed their rules. New technologies are now opening broad perspectives which were even not forecast a few years ago. In only ten years, mobile communication systems have witnessed three different technologies and are now integrating the latest concept, satellite mobile communications called S-PCS (Satellite Personal Communication Systems, which is the faculty of being contacted at anytime, anywhere).New players are emerging from the United States and tend to impose their predominance to the world. With the award of a licence to operate by the Federal Communications Commission to them, three US companies have gained a headstart, which only one non-US company, Inmarsat ICO, seems capable to challenge. However, in order to achieve the global communications era of S-PCS, they will have to overcome implementation barriers such as the authorization to operate on a worldwide basis.
Countries are not ready yet to relinquish their sovereignty on telecommunications and each company will have to be licensed in each country to be able to provide their service.
If they can implement these new technologies, the new systems will definitely dominate the international mobile communication era for the next ten years.
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Hagedorn, Anselm C. "Between Moses and Plato : individual and society in Deuteronomy and ancient Greek law." Thesis, University of Oxford, 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.365648.
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Kolbeck, Barbara. "Legal analysis on the relationship between the AU/AEC and RECs : Africa lost in a "spaghetti bowl" of legal relations?" Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/9613.
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Includes bibliographical references.In Africa, the regional trade agreements (RTAs) are commonly known as regional economic communities (RECs). Currently, fourteen regional economic communities operate on the African continent. However, in the quest for a more systematic approach to promoting "a strong and united Africa", only eight RECs were officially recognised and designated to serve as the essential building blocks towards the formation of the African Economic Community (AEC). Africa's continental community AEC is envisioned as the overall objective of the African regional integration process in the Abuja Treaty. The concept of the pursuit of sustainable development through RECs is not doubted in Africa. The Abuja Treaty proposed a gradual step-by-step approach where RECs play an important role during the first stages, but then have to lead "somehow" to one big coherent continental regional economic organisation – the overall goal of the African Economic Community. Neither the Abuja Treaty nor the Constitutive Act of the African Union (CAAU) includes concise provisions on how to establish the continental AEC. The relations between the different integration players, such as the AU, AEC and RECs, that exist now or should exist in the near future, are not defined legally. Until these "relational issues" are resolved, it seems difficult and even impossible to accelerate Africa's economic integration on the way towards the AEC. Thus, it is crucial for an accelerated integration process to discuss the scarce existing legal framework with its significant lacunas and develop solutions that allow filling in the legal blanks through the adoption of new treaties and amendments as well as protocols. The African continent with its multiple and overlapping RECs still looks like a "spaghetti bowl" instead of a "cannelloni". Thus, the question of rationalisation is still without definite answer.
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Kaiser, Stefan. "Legal implications of satellite based communication navigation and surveillance systems for civil aviation." Thesis, McGill University, 1990. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=22385.
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This thesis deals with the legal problems arising from the introduction of satellite based communication, navigation and surveillance systems for civil aviation. The technical innovations are asking for an international institutional implementation, which has not yet started.After a brief look at the technical aspects of the new systems (Chapter II), existing institutional arrangements of international satellite systems, air-navigation infrastructure and air traffic control are outlined (Chapter III). A legal analysis presents the obstacles and alternatives future institutional arrangements will be confronted with, and leads to a definition of the institutional problem (Chapter IV).
The core of the thesis is a proposal for regional intergovernmental organizations, which coordinate the operation of aeronautical satellite communications and air traffic control as an intermediary between the States and service providers (Chapter V). Among other problems financing, user charges, and liability are discussed. Legal problems of navigation systems are discussed on the base of the emerging global systems (Chapter VI).
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Zhao, Zhengmai. "Visualisation of semantic relations between nodes in hypertext-based learning systems." Thesis, Open University, 1994. http://oro.open.ac.uk/56455/.
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The research described in this thesis is concerned with the design of hypertext-based learning systems. More specifically, it is concerned with investigating the effects of visualising semantic relations between nodes on learning in hypertext-based learning systems. One of the most commonly cited problems with hypertext is the distraction that stems from the high level of learner control in hypertext systems. This might partly be responsible for the fact that there are few evaluations of hypertext in education which have shown the strength of hypertext over other media in terms of learning outcomes. In order to ease the problem of distraction so as to improve the application of hypertext in education, an approach employing visible link-types is proposed. It is hypothesised that labelling links explicitly with semantic relations between nodes can lower the learner's cognitive overheads in making navigational decisions so as to improve learning. It is also hypothesised that this kind of labelling can make the conceptual model of the knowledge domain intuitively clearer to the learner and thus facilitate learning. A set of three empirical studies has been conducted to evaluate the effectiveness of the proposed approach in different situations, using different methodologies. The results found from these studies demonstrate that visualisation of semantic relations between nodes has potential for improving the use of hypertext for learning.
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Addison, Henry 1955. "Consideration with regard to global navigation satellite systems (G.N.S.S.) of the establishment of a legal framework." Thesis, McGill University, 1996. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=27441.
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Global Navigation Satellite Systems (GNSS) are a key technology underpinning the International Civil Aviation Organization's (ICAO's) communications, navigation, surveillance/air traffic management concept. The fact the de facto GNSS, the Global Positioning System (GPS) is a military system owned, operated and controlled by the United States raises many legal and institutional issues for civil aviation.This thesis will discuss the nature of GPS/GNSS as a global utility, ICAO's evolutionary path toward a civil GNSS (ie one independent from GPS) and trace the development of the institutional debate within ICAO. Reliance on navigation by GNSS in terms of the principle of State sovereignty over territorial airspace and the Chicago Convention will be considered. The three major institutional issues in respect of a GPS based GNSS (ie charging, non-discriminatory access and liability) will be examined.
This thesis will also examine past and present State practice in respect of radionavigation systems of an international character in considering whether a legal framework for GNSS is necessary, and if so what form it is likely to take. The conclusions reached on these issues will be summarised in the final chapter.
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Hayajneh, Abdelnaser Zeyad. "Civil liability for environmental damage : a comparative study between Jordanian and English legal systems." Thesis, University of Newcastle upon Tyne, 2004. http://hdl.handle.net/10443/3119.
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As environmental degradation continues to grow and presents fatal misfortunes to humankind and nature, efforts have been made to prevent and restore environmental damage as well as compensate its victims. A considerable debate was launched to discuss and figure out how this problem could be best handled. In the centre of this debate was the role of the law and its potential application to protect the environment and compensate victims of environmental damage. A critical question in this context was the role of civil liability. This thesis attempts to investigate the role and application of civil liability rules in environmental damage cases both in the UK and Jordan. The significance of this study lies in the fact that the UK is considered to be the mother of the common law system where courts play a crucial role in forming and revising the law, whereas Jordan follow the Latin or civil law system where the role of courts assimilates in applying the applicable law to cases brought before it. This thesis consists of six chapters through which, the issue of civil liability has been examined where environmental damage is in question. This analysis is made in the hope that it will reveal the different aspects of efficiency and deficiency attached to tort law when used to remediate environmental damage and compensate its victims. The thesis reveals that, civil liability as it stands now does not fit in an environmental context, and there will be an urgent need for reform whether in adapting traditional rules of civil liability to cope with the complications involved in environmental damage cases, or to abandon traditional civil liability rules, and introduce a liability regime to handle the issue of restoration and compensation in environmental damage cases.
Books on the topic "Relations between legal systems"
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Sassoon, John. Ancient laws and modern problems: The balance between justice and a legal system. Bristol, UK: Intellect Books, 2005.
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Ancient laws and modern problems: The balance between justice and a legal system. Lingfield, Surrey [England]: Third Millennium Pub., 2001.
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Stewart, Sheila. A house between homes: Kids in the foster care system. Broomall, Pa: Mason Crest Publishers, 2010.
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Lipinsky, Dmitriy, Nikolay Makareyko, Aleksandra Musatkina, Aleksey Fomin, Alexey Stankin, and Elena Chuklova. NATIONAL SECURITY, LEGAL RESPONSIBILITY AND IRRESPONSIBILITY: PROBLEMS OF THE MECHANISM OF INTERACTION AND SYSTEMIC RELATIONS. ru: Publishing Center RIOR, 2020. http://dx.doi.org/10.29039/02039-5.
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The monograph is devoted to a relatively new direction in legal science - the theory of national security and its legal support. National security is considered from the point of view of its mechanism and legal provision in connection with legal responsibility and irresponsibility. The work identifies the place, importance and role of legal responsibility with legal security in the national security mechanism, as well as the threats posed by legal irresponsibility to the normal functioning of society and the state. System links between these phenomena are investigated.
The book is addressed to researchers, students of legal fields of training, graduate students, undergraduates, as well as all persons interested in issues of national security and legal responsibility.
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Lepcha, Romana. Cross border human trafficking: Legal dimensions between India & Nepal. New Delhi, India: Mittal Publications, 2018.
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H, Schwenzer Ingeborg, and International Congress of Comparative Law (17th : 2006 : Utrecht, Netherlands), eds. Tensions between legal, biological and social conceptions of parentage. Antwerpen: Intersentia, 2007.
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Bukarambe, Bukar. African-Arab relations: An exposition and analysis of relations between two pan-systems. Lagos: Nigerian Institute of International Affairs, 2007.
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African-Arab relations: An exposition and analysis of relations between two pan-systems. Lagos: Nigerian Institute of International Affairs, 2007.
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The relations between the EC and international organizations: Legal theory and practice. The Hague: Kluwer Law International, 1995.
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Wauters, Kris. Cooperative agreements between public authorities: The influence of CJEU case law on national legal systems. Cambridge, United Kingdom: Intersentia, 2015.
Find full textBook chapters on the topic "Relations between legal systems"
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Frändberg, Åke. "On Relations Between Legal Systems." In Law and Philosophy Library, 205–15. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-78858-6_11.
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Boggiano, Antonio. "The Law of the Relations Between Legal Systems: A methodological analysis." In Private Law in the International Arena, 79–93. The Hague: T.M.C. Asser Press, 2000. http://dx.doi.org/10.1007/978-90-6704-575-9_6.
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Діденко, Лариса Василівна. "Глава 4. Доктринальні підходи до реалізаціїї цивільних процесуальних відносин у контексті вдосконалення законодавства про цивільне судочинство." In Серія «Процесуальні науки», 127–58. Київ, Україна: Видавництво "Алерта", 2023. http://dx.doi.org/10.59835/978-617-566-770-5-1-4.
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The article is devoted to the analysis of doctrinal approaches to the implementation of civil procedural relations. The relevance of this issue is determined by the fact that many works were developed under significantly different conditions, which are significantly different from the current period, and some of the existing conclusions are ambiguous.It is noted that various problems of the functioning of civil procedural legal relations as a constituent element of the mechanism of civil procedural regulation are understudied.It is emphasized that the issue of legal relations is one of the fundamental ones in the theory of law, therefore there is a variety of concepts regarding its definition. It is proposed to understand civil procedural legal relations as dynamic and multi-stage individualized social relations, regulated by the norms of civil procedural law, arising between the court as a mandatory subject, persons participating in the case, and other participants in the civil process, and the connection between which are defined in their rights and obligations arising in civil proceedings for the purpose of ensuring justice in the protection of violated, unrecognized or disputed rights, freedoms or interests of natural persons, rights and interests of legal entities, interests of the state.The signs of legal relations as a special type of social relations are singled out: 1) emergence, termination or change only on the basis of legal norms that directly give rise to them; 2) the existence of mutual subjective rights and obligations of subjects of legal relations; 3) strong-willed character; 4) state protection; 5) individualization of subjects.The place and functions of civil procedural legal relations in the mechanism of civil procedural regulation are analyzed. It is indicated that the mechanism of civil procedural regulation is a system of complex, interconnected and united by a common goal of procedural and legal means, methods and forms that operate in a well-established manner and in constant connection and functioning of which is associated with the legal influence of the state on civil – legal relations aimed at satisfying the public and private interests of the participants and their regulation.It is proposed to divide the functions of civil procedural legal relations in the mechanism of civil procedural regulation into general theoretical functions of civil procedural legal relations and special sectoral functions of civil procedural legal relations.A conclusion was made regarding the optimization of the current civil procedural legislation by excluding from §3 Other participants in the legal process Chapter 4 Participants in the legal process of the Civil Procedure Code of Ukraine such a participant in the legal process as a witness.
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Salzberger, Eli. "Israel at 70: The Relations Between Religion and State, Democracy, and the Israeli Legal System." In Israel´s 70th Anniversary: Insights and Perspectives, 45–64. Göttingen: V&R unipress, 2020. http://dx.doi.org/10.14220/9783737012065.45.
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Barton, Thomas D. "Challenges When Family Conflicts Meet the Law—A Proactive Approach." In Children in Custody Disputes, 169–84. Cham: Springer Nature Switzerland, 2023. http://dx.doi.org/10.1007/978-3-031-46301-3_9.
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AbstractThe final contributing chapter assumes that the effectiveness of addressing a social problem depends, in part, on the quality and appropriateness of the procedures used to address that problem. For the author, attributes of domestic relations problems—especially child custody issues—do not fit well with the capabilities of traditional legal procedures. However, this lack of fit between problem and procedure can be overcome and procedures improved. Using a proactive approach, the author identifies a need of acknowledging and incorporating different ways of speaking about domestic relations problems. He concludes that the legal system should supplement its traditional problem-solving methods with others, for example, the welfare system and psychology.
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Mattarella, Bernardo Giorgio. "Sentenza 238/2014: EU Law and EU Values." In Remedies against Immunity?, 209–13. Berlin, Heidelberg: Springer Berlin Heidelberg, 2021. http://dx.doi.org/10.1007/978-3-662-62304-6_10.
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AbstractThe relationship between Judgment 238/2014 of the Italian Constitutional Court and EU law is, at first glance, apparently weak, as the subject matter of the former is not governed by the latter, nor there have been any judgments from EU courts regarding the case. However, if one considers the origin and purpose of the EU itself and the state of relations between Italy and Germany, one cannot help but examine the case from a European law perspective. Judgment 238/2014 is relevant to European law in several ways, all of which concern not only military cooperation in the EU but also the protection of human rights, the risk of forum shopping and, above all, how reliable member states are in their mutual relations. European law in turn is relevant to the present case not so much because it offers solutions but because it shows a method for settling clashes between legal systems and illustrates its inherent difficulties. Sentenza 238/2014 is an unpersuasive judgment and can be criticized from different angles: the legal one (international and constitutional law), the factual reconstruction and the judgment’s likely effects. There are, however, two possibilities of resolving the situation that Sentenza has produced: firstly the legal one, which involves the use of all possible tools to limit its effects; and secondly the diplomatic one, which implies further negotiations. European law does not provide a ground for a preference between these two options, but it suggests that none of these ways is neglected.
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Álvarez, Juan Fernando, Miguel Gordo Granados, and Hernando Zabala Salazar. "The institutional organization of health in Colombia and its disconnection with the common good and mutuality." In Providing public goods and commons, 231–48. Liège: CIRIEC, 2018. http://dx.doi.org/10.25518/ciriec.css1chap11.
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This chapter analyzes the provision of health services in Colombia, which are constitutionally recognized even if in reality they are far from being guaranteed in terms of gratuity and universal coverage for most of the population. A situation possibly brought about by the market orientation promoted by the legal framework and the effects it has brought in terms of general interest, in exclusion and in the tendency towards the deterioration in the provision of services. Some of the actors in the system, characterized by a common property, offer a real and effective alternative in getting closer to the right to health for all. In this context, the organizational logic of mutual associations stands out as an instrument to optimize public health policy even if a new institutional dynamic is required, with anew relation between the State and social organizations. A relation in which the concept of common good is an appropriate starting point and finality as a strategy of governing the institutional agreements that improve the relations between the public organisms and the citizens.
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Ruiter, Dick W. P. "Logical Relations Between Legal Norms." In Institutional Legal Facts, 131–59. Dordrecht: Springer Netherlands, 1993. http://dx.doi.org/10.1007/978-94-015-8198-1_5.
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García Portilla, Jason. "Institutions, Corruption/Prosperity, and Religion (A), (B), (D), (1), (3), (6)." In “Ye Shall Know Them by Their Fruits”, 77–123. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-78498-0_8.
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AbstractThis chapter characterises the relations between religion, institutions, and the transparency–prosperity nexus. It explains how economic prosperity, democracy, and transparency are part of a feedback loop that constitutes a single phenomenon. More importantly, this chapter deepens the institutional analysis by concentrating on the particular historical influence of religion on the different legal traditions in Europe and the Americas. It is the cornerstone of Part 3 and, as such, of the entire book.The Reformation brought forth a wide range of modern institutions. Among these, education and democracy are the most crucial ones for ensuring prosperity/transparency outcomes. Likewise, Protestantism has impacted the secularisation of the state in Protestant countries (and also in Roman Catholics, albeit to a lesser, more indirect extent). Protestantism fosters horizontal power relations and secular-rational attitudes towards authority. Thus, such egalitarian and secular attitudes are linked to greater transparency and prosperity.The Lutheran German Revolution formed the basis of the various later Protestant, dissenting revolutions and legal traditions (i.e. British and American). Some of its concepts (e.g. separation of state functions from the church; state-sponsored education) permeate all modern legal systems to this day and ended the monopoly of Roman canon law.Regardless of the advances made by Roman Catholicism in the Second Vatican Council (Vatican II: 1962–1965), corporatist ideologies remain prevalent, mostly in Latin America. But while Roman Catholic discourse has shifted, the institutional inertia persists and maintains the hierarchical status quo and longstanding feudal structures.
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Reznichuk, Maryna. "Ukraine’s European Integration in the Context of Russian Aggression." In Polarization, Shifting Borders and Liquid Governance, 253–63. Cham: Springer Nature Switzerland, 2023. http://dx.doi.org/10.1007/978-3-031-44584-2_15.
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AbstractThe full-scale invasion of Russia into the sovereign territory of Ukraine on 24 February 2022 marks the most significant armed conflict within the European continent since the end of the Second World War. In a paradoxical but perhaps foreseeable way, Russia’s military aggression against Ukraine has not only initiated a process of rethinking the European Union’s standard foreign and security policy towards Russia but has also led to an irreversible push for the integration of Ukraine into the legal order of the EU. As a result, Ukraine has received its long-awaited candidate status for EU membership. This article investigates the aspects of Ukraine’s search for geostrategic cooperation alternatives and the country’s determination of geopolitical priorities in light of the current military situation. The study is focused on the analysis of the legal framework of cooperation between Ukraine and the EU, as well as a review of the possible opportunities opened up for Ukraine through its status of a candidate for EU membership in the context of further reformation of the Ukrainian legal system and its harmonization with the EU acquis communautaire. This chapter also examines the legal characteristics of the current Association Agreement between Ukraine and the EU and the specifics of its application in the temporarily occupied territories of Ukraine. Particular attention is paid to possible options for the legal transformation of the Association Agreement, which include both the revision of the provisions and annexes to the current Agreement and the conclusion of a new agreement that would regulate Ukrainian-European relations because Ukraine has become an EU candidate country.
Conference papers on the topic "Relations between legal systems"
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Karaeva, Laman. "The role of humanitarian forum in strengthening Azerbaijani-Russian relations." In Development of legal systems in Russia and foreign countries: problems of theory and practice. ru: Publishing Center RIOR, 2021. http://dx.doi.org/10.29039/02061-6-154-160.
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The Azerbaijani-Russian Forum, the foundation of which was laid in 2010, played a great role in strengthening bilateral relations between the two states.
Within a short period of time, within the framework of this forum, the main directions of political and legal, trade, economic, cultural and humanitarian regional cooperation were discussed.
The first Russian-Azerbaijani forum on humanitarian cooperation was held on January 22-23, 2010 at the International Mugham Center in Baku.
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Ahmedov, Ruslan, and Yuliya Ivanova. "On the question of the relationship between the concepts of “intangible goods” and “personal non-property rights”." In Development of legal systems in Russia and foreign countries: problems of theory and practice. ru: Publishing Center RIOR, 2021. http://dx.doi.org/10.29039/02061-6-45-52.
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Intangible goods, acting as a kind of objects of personal non-property rights, are an independent legal entity that belongs to a citizen as a subject of legal relations. Unlike various property rights, the essence of intangible goods, first of all, lies in their special status, being inalienable and non-transferable, they are acquired by citizens from birth or by law, and not in the order of succession or legal capacity. This category of goods individualizes a person, creates all the necessary conditions for a prosperous life in society, inviolability of private life, and ensuring absolute physical and spiritual freedom. Intangible benefits are guarantees of decent and comprehensive development of citizens, satisfaction of their positive needs, as well as compliance with legitimate interests.
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Lin, Chun-Hsien, and Pu-Jen Cheng. "An Evaluation Dataset for Legal Word Embedding: A Case Study on Chinese Codex." In 11th International Conference on Embedded Systems and Applications (EMSA 2022). Academy and Industry Research Collaboration Center (AIRCC), 2022. http://dx.doi.org/10.5121/csit.2022.120614.
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Word embedding is a modern distributed word representations approach and widely used in many natural language processing tasks. Converting the vocabulary in a legal document into a word embedding model facilitates subjecting legal documents to machine learning, deep learning, and other algorithms and subsequently performing the downstream tasks of natural language processing vis-à-vis, for instance, document classification, contract review, and machine translation. The most common and practical approach of accuracy evaluation with the word embedding model uses a benchmark set with linguistic rules or the relationship between words to perform analogy reasoning via algebraic calculation. This paper proposes establishing an 1,134 Legal Analogical Reasoning Questions Set (LARQS) from the 2,388 Chinese Codex corpus using five kinds of legal relations, which are then used to evaluate the accuracy of the Chinese word embedding model. Moreover, we discovered that legal relations might be ubiquitous in the word embedding model.
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Shmatko, Alexey D., and Ilya V. Korshunov. "Theoretical aspects of mutual cooperation between business and government." In Problems of transformation and regulation of regional socio- economic systems. Saint Petersburg State University of Aerospace Instrumentation, 2021. http://dx.doi.org/10.52897/978-5-8088-1635-0-2021-49-159-168.
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The topic of the article is reflected in partnerships between business and government, which are undoubtedly important, but today they have a low level of institutional development and are only in the process of looking for promising cooperation. The same level has the legal basis that enshrines the key principles of partnership, but to a greater extent it is represented by programs for the development of various types of business. This research question involves considering the mechanisms, channels and main ways that business representatives are guided when faced with an understanding of the need to interact with government officials, as well as when the government needs partnership with members of the business sphere. Partnership relations, at a theoretical level, within the framework of programs and by-laws has a fairly high level, but the research issue involves consideration of real interaction practices that prevail in our reality.
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Akinin, Artem. "Commercial (entrepreneurial) and private international law (comparative law study)." In Actual problems of jurisprudence 2022. ru: Publishing Center RIOR, 2022. http://dx.doi.org/10.29039/02089-0/013-018.
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The article deals with the subject, system and sources of trade (entrepreneurial) law in the aspect of the international space. The author of the article notes a significant practical connection between international business and international private law, names their main features as a dispositive method of legal regulation, independence and equality of subjects of civil legal relations, the presence of corresponding rights and obligations among the subjects of such relations, a pronounced property nature of the civil liability of subjects.
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Ospanova, Dzhamilya, and Muslim Tazabekov. "Improving the system of accessibility of public services: national and foreign experience." In Development of legal systems of Russia and foreign countries : problems of theory and practice. ru: Publishing Center RIOR, 2023. http://dx.doi.org/10.29039/02110-1-117-130.
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One of the priorities in the modernization of public administration in Kazakhstan is the achievement of the quality of public services. The term “public service” has recently entered the circulation of legal science and legislation. In Kazakhstan, as in Russia, it is associated with the implementation of administrative reform, while in many developed foreign countries public services act as one of the main forms of relations between individuals, legal entities and public authorities. The essence of the new stage of administrative reform in Kazakhstan is reduced to a short formula — from administration to management. The demand for efficiency and quality in the provision of public services should become a central point of public service policy.
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Grudinin, Nikita. "Some aspects of international legal cooperation of states in the field of higher education." In Development of legal systems of Russia and foreign countries : problems of theory and practice. ru: Publishing Center RIOR, 2023. http://dx.doi.org/10.29039/02110-1-38-44.
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International legal cooperation of states in the field of higher education is actively developing. Currently, this institute in Russia is experiencing some difficulties due to the rejection of the Bologna system and the shift of the vector of this cooperation towards the APEC states. The purpose of the study is to consider some aspects of the development of cooperation between Russia and foreign countries in the field of higher education. As a result of the conducted research, it is concluded that the globalization of higher education should include the expansion of international relations of universities, mutual recognition of diplomas and the development of network educational technologies. At the same time the internationalization of higher education should not destroy the basic foundations of Russian education, educational traditions and values. It should promote the creation of joint scientific and technical centers and laboratories for the mutually beneficial development of science and digital technologies
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Dimitrov, Vasil. "AUTONOMY AND RESPONSIBILITY OF MODERN SPORT: BETWEEN NATIONAL STANDARDS, THE APPLICABILITY OF EUROPEAN UNION LAW AND MARKET MECHANISMS." In INTERNATIONAL SCIENTIFIC CONGRESS “APPLIED SPORTS SCIENCES”. Scientific Publishing House NSA Press, 2022. http://dx.doi.org/10.37393/icass2022/134.
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ABSTRACT The heterogeneous nature of sports relations, which are subject to the regulation of sports law, predetermines the different nature of regulation, which in turn provides for a different “autonomy” of sports organizations. The autonomy of individual and collective action is possible only in the existence of normative systems and cultural models that allow different degrees of conformity to their prescriptions and requirements. The research aims to reveal some legal, sociological, and practical aspects of autonomy in sports, and features of manifestation on a national and European scale. The study‘s objectives are: normative documents, case law in connection with the issues discussed at the level of Bulgaria and the European Union, recommendations, reports from various committees, and others. To solve the main tasks, achieve the goal and prove the hypothesis, a complex research methodology of normative and literature sources, content analysis, and included observation has been applied. Conclusion: The globalization of sport is increasingly shifting the legal framework of the international sports system to international sports bodies such as the International Olympic Committee, the World Anti-Doping Agency, and international sports federations. A significant effect of this change has been the erosion of the ability of domestic legal systems to intervene, especially when the rules of international sports bodies conflict with domestic norms and values. Changing regulatory acts that unjustifiably limit the autonomy of sport, in most cases, sports arbitrations deal with the imposed doping-related penalties. Possibilities for improving the work of the arbitration autonomy of sports organizations have been opened. There is a risk of limiting the autonomy of the sports industry, of interference, and on the other hand, there is another risk - reaching such a kind of sports autonomy which will be gradually withdrawn from national jurisdictions.
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Pavlović, Zoran, and Milan Dakić. "ENERGETSKI UGROŽENI KUPAC." In XV Majsko savetovanje: Sloboda pružanja usluga i pravna sigurnost. University of Kragujevac, Faculty of Law, 2019. http://dx.doi.org/10.46793/xvmajsko.769p.
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This paper is primarily focused onto the legal framework analysis in the Republic of Serbia, as well as the measures undertaken in order to ensure the protection of the electric-energy vulnerable customers. The acceptance of the protective mechanisms’ relocation from the competitive environment – necessitated by the free market circulation of this energy resource – has initiated their implementation within the social protection system, given the crucial importance of electricity in fulfilling some of the basic needs in the standard of living. Although duly recognized as an adequate protective environment to this consumer category, social protection faces the usual problems (lack of resources and the sustainability issues), as well as the new challenges in regard to the energy poverty and its relation to the established definitions of social vulnerability. The rules that manage contractual relations between consumers and energy providers cannot be eliminated by delegating the concerns about a sufficient energy provision to the certain consumer categories. The domestic energy is being regulated through a rigid legal framework where the public provider guarantees service under de facto preferential conditions that often result in consumer rights’ violations; therefore, the legal system is being additionally challenged in its efforts to ensure a thorough protection to the energy- vulnerable customers.
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Kudaikulov, Marat. "System of the Relations of a Property and its Importance for Economy Development." In International Conference on Eurasian Economies. Eurasian Economists Association, 2012. http://dx.doi.org/10.36880/c03.00583.
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According to recommendations within the Washington consensus which for successful transition from planned methods of managing in the Post-Soviet countries to market economy assumes formation of a class of owners for what actions for privatization of state ownership were recommended. But research carried out by the author of article shows that importance of the property rights to means of production fades into the background in relation to economy operating conditions. For development of market economy not important who is the legal owner of means of production, and the next moment is important: between whom the received income is distributed when using these means of production i.e. who is the economic owner of these means of production. Ideal conditions for healthy functioning of economy are under construction on interest in increase in the income and its complete display for further distribution through tax system that we and observe in the developed economy. It follows from this that the importance of the property rights to means of production in works of classics of a scientific socialism was overestimated that formed in turn the basis for incorrect counteractions within the Washington consensus.
Reports on the topic "Relations between legal systems"
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Polyakova, Tatiyana An, Ignat S. Boychenko, and Nataliya An Troyan. Information and legal support of information security in the transport sector in the context of digital development. DOI CODE, 2021. http://dx.doi.org/10.18411/2021-0339-1001-46156.
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The current paper deals with the information and legal support of information security in the transport sector in the context of digital development. Thus, the development of information and telecommunication technologies and the digitalization of public relations have also affected the field of transport and transport services. There have appeared not only new Транспортное право и безопасность. 2021. № 3(39) 148 transportation means, such as unmanned aircraft, but there are also being introduced information systems related to the identification of passengers in transport. The development of electronic interaction between various subjects of information exchange in transport is a consequence of the global digitalization of public relations, which creates certain risks of enforcing information security, a threat to the information transport infrastructure.
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Lewis, Dustin, Radhika Kapoor, and Naz Modirzadeh. Advancing Humanitarian Commitments in Connection with Countering Terrorism: Exploring a Foundational Reframing concerning the Security Council. Harvard Law School Program on International Law and Armed Conflict, December 2021. http://dx.doi.org/10.54813/uzav2714.
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The imperative to provide humanitarian and medical services on an urgent basis in armed conflicts is anchored in moral tenets, shared values, and international rules. States spend tens of billions of dollars each year to help implement humanitarian programs in conflicts across the world. Yet, in practice, counterterrorism objectives increasingly prevail over humanitarian concerns, often resulting in devastating effects for civilian populations in need of aid and protection in war. Not least, confusion and misapprehensions about the power and authority of States relative to the United Nations Security Council to set policy preferences and configure legal obligations contribute significantly to this trajectory. In this guide for States, we present a framework to reconfigure relations between these core commitments by assessing the counterterrorism architecture through the lens of impartial humanitarianism. We aim in particular to provide an evidence base and analytical frame for States to better grasp key legal and policy issues related to upholding respect for principled humanitarian action in connection with carrying out the Security Council’s counterterrorism decisions. We do so because the lack of knowledge regarding interpretation and implementation of counterterrorism resolutions matters for the coherence, integrity, and comprehensiveness of humanitarian policymaking and protection of the humanitarian imperative. In addition to analyzing foundational concerns and evaluating discernible behaviors and attitudes, we identify avenues that States may take to help achieve pro-humanitarian objectives. We also endeavor to help disseminate indications of, and catalyze, States’ legally relevant positions and practices on these issues. In section 1, we introduce the guide’s impetus, objectives, target audience, and structure. We also describe the methods that we relied on and articulate definitions for key terms. In section 2, we introduce key legal actors, sources of law, and the notion of international legal responsibility, as well as the relations between international and national law. Notably, Security Council resolutions require incorporation into national law in order to become effective and enforceable by internal administrative and judicial authorities. In section 3, we explain international legal rules relevant to advancing the humanitarian imperative and upholding respect for principled humanitarian action, and we sketch the corresponding roles of humanitarian policies, programs, and donor practices. International humanitarian law (IHL) seeks to ensure — for people who are not, or are no longer, actively participating in hostilities and whose needs are unmet — certain essential supplies, as well as medical care and attention for the wounded and sick. States have also developed and implemented a range of humanitarian policy frameworks to administer principled humanitarian action effectively. Further, States may rely on a number of channels to hold other international actors to account for safeguarding the humanitarian imperative. In section 4, we set out key theoretical and doctrinal elements related to accepting and carrying out the Security Council’s decisions. Decisions of the Security Council may contain (binding) obligations, (non-binding) recommendations, or a combination of the two. UN members are obliged to carry out the Council’s decisions. Member States retain considerable interpretive latitude to implement counterterrorism resolutions. With respect to advancing the humanitarian imperative, we argue that IHL should represent a legal floor for interpreting the Security Council’s decisions and recommendations. In section 5, we describe relevant conduct of the Security Council and States. Under the Resolution 1267 (1999), Resolution 1989 (2011), and Resolution 2253 (2015) line of resolutions, the Security Council has established targeted sanctions as counterterrorism measures. Under the Resolution 1373 (2001) line of resolutions, the Security Council has adopted quasi-“legislative” requirements for how States must counter terrorism in their national systems. Implementation of these sets of resolutions may adversely affect principled humanitarian action in several ways. Meanwhile, for its part, the Security Council has sought to restrict the margin of appreciation of States to determine how to implement these decisions. Yet international law does not demand that these resolutions be interpreted and implemented at the national level by elevating security rationales over policy preferences for principled humanitarian action. Indeed, not least where other fields of international law, such as IHL, may be implicated, States retain significant discretion to interpret and implement these counterterrorism decisions in a manner that advances the humanitarian imperative. States have espoused a range of views on the intersections between safeguarding principled humanitarian action and countering terrorism. Some voice robust support for such action in relation to counterterrorism contexts. A handful call for a “balancing” of the concerns. And some frame respect for the humanitarian imperative in terms of not contradicting counterterrorism objectives. In terms of measures, we identify five categories of potentially relevant national counterterrorism approaches: measures to prevent and suppress support to the people and entities involved in terrorist acts; actions to implement targeted sanctions; measures to prevent and suppress the financing of terrorism; measures to prohibit or restrict terrorism-related travel; and measures that criminalize or impede medical care. Further, through a number of “control dials” that we detect, States calibrate the functional relations between respect for principled humanitarian action and countering terrorism. The bulk of the identified counterterrorism measures and related “control dials” suggests that, to date, States have by and large not prioritized advancing respect for the humanitarian imperative at the national level. Finally, in section 6, we conclude by enumerating core questions that a State may answer to help formulate and instantiate its values, policy commitments, and legal positions to secure respect for principled humanitarian action in relation to counterterrorism contexts.
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Lewis, Dustin, and Naz Modirzadeh. Taking into Account the Potential Effects of Counterterrorism Measures on Humanitarian and Medical Activities: Elements of an Analytical Framework for States Grounded in Respect for International Law. Harvard Law School Program on International Law and Armed Conflict, May 2021. http://dx.doi.org/10.54813/qbot8406.
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For at least a decade, States, humanitarian bodies, and civil-society actors have raised concerns about how certain counterterrorism measures can prevent or impede humanitarian and medical activities in armed conflicts. In 2019, the issue drew the attention of the world’s preeminent body charged with maintaining or restoring international peace and security: the United Nations Security Council. In two resolutions — Resolution 2462 (2019) and Resolution 2482 (2019) — adopted that year, the Security Council urged States to take into account the potential effects of certain counterterrorism measures on exclusively humanitarian activities, including medical activities, that are carried out by impartial humanitarian actors in a manner consistent with international humanitarian law (IHL). By implicitly recognizing that measures adopted to achieve one policy objective (countering terrorism) can impair or prevent another policy objective (safeguarding humanitarian and medical activities), the Security Council elevated taking into account the potential effects of certain counterterrorism measures on exclusively humanitarian activities to an issue implicating international peace and security. In this legal briefing, we aim to support the development of an analytical framework through which a State may seek to devise and administer a system to take into account the potential effects of counterterrorism measures on humanitarian and medical activities. Our primary intended audience includes the people involved in creating or administering a “take into account” system and in developing relevant laws and policies. Our analysis zooms in on Resolution 2462 (2019) and Resolution 2482 (2019) and focuses on grounding the framework in respect for international law, notably the U.N. Charter and IHL. In section 1, we introduce the impetus, objectives, and structure of the briefing. In our view, a thorough legal analysis of the relevant resolutions in their wider context is a crucial element to laying the conditions conducive to the development and administration of an effective “take into account” system. Further, the stakes and timeliness of the issue, the Security Council’s implicit recognition of a potential tension between measures adopted to achieve different policy objectives, and the relatively scant salient direct practice and scholarship on elements pertinent to “take into account” systems also compelled us to engage in original legal analysis, with a focus on public international law and IHL. In section 2, as a primer for readers unfamiliar with the core issues, we briefly outline humanitarian and medical activities and counterterrorism measures. Then we highlight a range of possible effects of the latter on the former. Concerning armed conflict, humanitarian activities aim primarily to provide relief to and protection for people affected by the conflict whose needs are unmet, whereas medical activities aim primarily to provide care for wounded and sick persons, including the enemy. Meanwhile, for at least several decades, States have sought to prevent and suppress acts of terrorism and punish those who commit, attempt to commit, or otherwise support acts of terrorism. Under the rubric of countering terrorism, States have taken an increasingly broad and diverse array of actions at the global, regional, and national levels. A growing body of qualitative and quantitative evidence documents how certain measures designed and applied to counter terrorism can impede or prevent humanitarian and medical activities in armed conflicts. In a nutshell, counterterrorism measures may lead to diminished or complete lack of access by humanitarian and medical actors to the persons affected by an armed conflict that is also characterized as a counterterrorism context, or those measures may adversely affect the scope, amount, or quality of humanitarian and medical services provided to such persons. The diverse array of detrimental effects of certain counterterrorism measures on humanitarian and medical activities may be grouped into several cross-cutting categories, including operational, financial, security, legal, and reputational effects. In section 3, we explain some of the key legal aspects of humanitarian and medical activities and counterterrorism measures. States have developed IHL as the primary body of international law applicable to acts and omissions connected with an armed conflict. IHL lays down several rights and obligations relating to a broad spectrum of humanitarian and medical activities pertaining to armed conflicts. A violation of an applicable IHL provision related to humanitarian or medical activities may engage the international legal responsibility of a State or an individual. Meanwhile, at the international level, there is no single, comprehensive body of counterterrorism laws. However, States have developed a collection of treaties to pursue specific anti-terrorism objectives. Further, for its part, the Security Council has assumed an increasingly prominent role in countering terrorism, including by adopting decisions that U.N. Member States must accept and carry out under the U.N. Charter. Some counterterrorism measures are designed and applied in a manner that implicitly or expressly “carves out” particular safeguards — typically in the form of limited exceptions or exemptions — for certain humanitarian or medical activities or actors. Yet most counterterrorism measures do not include such safeguards. In section 4, which constitutes the bulk of our original legal analysis, we closely evaluate the two resolutions in which the Security Council urged States to take into account the effects of (certain) counterterrorism measures on humanitarian and medical activities. We set the stage by summarizing some aspects of the legal relations between Security Council acts and IHL provisions pertaining to humanitarian and medical activities. We then analyze the status, consequences, and content of several substantive elements of the resolutions and what they may entail for States seeking to counter terrorism and safeguard humanitarian and medical activities. Among the elements that we evaluate are: the Security Council’s new notion of a prohibited financial “benefit” for terrorists as it may relate to humanitarian and medical activities; the Council’s demand that States comply with IHL obligations while countering terrorism; and the constituent parts of the Council’s notion of a “take into account” system. In section 5, we set out some potential elements of an analytical framework through which a State may seek to develop and administer its “take into account” system in line with Resolution 2462 (2019) and Resolution 2482 (2019). In terms of its object and purpose, a “take into account” system may aim to secure respect for international law, notably the U.N. Charter and IHL pertaining to humanitarian and medical activities. In addition, the system may seek to safeguard humanitarian and medical activities in armed conflicts that also qualify as counterterrorism contexts. We also identify two sets of preconditions arguably necessary for a State to anticipate and address relevant potential effects through the development and execution of its “take into account” system. Finally, we suggest three sets of attributes that a “take into account” system may need to embody to achieve its aims: utilizing a State-wide approach, focusing on potential effects, and including default principles and rules to help guide implementation. In section 6, we briefly conclude. In our view, jointly pursuing the policy objectives of countering terrorism and safeguarding humanitarian and medical activities presents several opportunities, challenges, and complexities. International law does not necessarily provide ready-made answers to all of the difficult questions in this area. Yet devising and executing a “take into account” system provides a State significant opportunities to safeguard humanitarian and medical activities and counter terrorism while securing greater respect for international law.
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Harbitz, Mia Elisabeth, and Iván Arcos Axt. Identification and Governance Policies: The Legal, Technical, and Institutional Foundations that Influence the Relations and Interactions of the Citizen with the Government and Society. Inter-American Development Bank, September 2011. http://dx.doi.org/10.18235/0009015.
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This IDB technical note seeks to highlight the relationship that exists between a country's level of governance, the success of digital government strategies, and the identification policies that government implements, as well as the interdependence between them. Belgium, Chile, and Mexico were chosen as case studies, because they share characteristics making them in some ways comparable. Moreover, amongst other reasons, they are all OECD-member countries, they have well-defined digital government strategies, and they are in the process of implementing (with differing degrees of progress) a state-of-the-art electronic identification (e-Id) card.
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Busso, Matías, Santiago Levy Algazi, and Maria Victoria Fazio. (In)Formal and (Un)Productive: The Productivity Costs of Excessive Informality in Mexico. Inter-American Development Bank, August 2012. http://dx.doi.org/10.18235/0011401.
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The laws that regulate relations between firms and workers in Mexico distinguish sharply between salaried and non-salaried workers, and they are at the root of the existence of informality. This paper provides a clear definition of informality, distinguishing it from illegality. Using Mexico's Economic Census, the paper shows that the majority of firms are informal but legal, that there are more small formal firms than large ones, and that some large firms are informal. It also shows that informality and illegality increased in the period 1998-2008. Using a simple model of monopolistic competition to measure the productivity losses due to distortions that misallocate resources, the paper finds that one peso of capital and labor allocated to formal and legal firms is worth 28 percent more than if allocated to illegal and informal firms, and 50 percent more than if allocated to legal and informal firms. The paper concludes arguing that the distortions in the labor market created by informality reduce total factor productivity.
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Lutz, Carsten, and Frank Wolter. Modal Logics of Topological Relations. Technische Universität Dresden, 2004. http://dx.doi.org/10.25368/2022.142.
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The eight topological RCC8(or Egenhofer-Franzosa)- relations between spatial regions play a fundamental role in spatial reasoning, spatial and constraint databases, and geographical information systems. In analogy with Halpern and Shoham’s modal logic of time intervals based on the Allen relations, we introduce a family of modal logics equipped with eight modal operators that are interpreted by the RCC8-relations. The semantics is based on region spaces induced by standard topological spaces, in particular the real plane. We investigate the expressive power and computational complexity of the logics obtained in this way. It turns our that, similar to Halpern and Shoham’s logic, the expressive power is rather natural, but the computational behavior is problematic: topological modal logics are usually undecidable and often not even recursively enumerable. This even holds if we restrict ourselves to classes of finite region spaces or to substructures of region spaces induced by topological spaces. We also analyze modal logics based on the set of RCC5relations, with similar results.
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Lifschitz, Eliezer, and Elliot Meyerowitz. The Relations between Cell Division and Cell Type Specification in Floral and Vegetative Meristems of Tomato and Arabidopsis. United States Department of Agriculture, February 1996. http://dx.doi.org/10.32747/1996.7613032.bard.
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Meristems were the central issue of our project. Genes that are required for cell division, cell elongation, cell proliferation and cell fate were studied in the tomato system. The analysis of the dUTPase and threonine deaminase genes, along with the dissection of their regulatory regions is completed, while that of the RNR2 and PPO genes is at an advanced stage. All these genes were isolated in our laboratory. In addition, 8 different MADS box genes were studied in transgenic plants and their genetic relevances discovered. We have also shown that a given MADS box gene can modify the polarity of cell division without affecting the fate of the organ. In vivo interaction between two MADS box genes was demonstrated and the functional dependency of the tomato agamous gene on the TM5 gene product established. We have exploited the Knotted1 meristematic gene in conjunction with tomato leaf meristematic genes to show that simple and compound leaves and, for that matter, sepals and compound leaves, are formed by two different developmental programs. In this context we have also isolated and characterized the tomato Knotted1 gene (TKnl) and studied its expression pattern. A new program in which eight different meristematic genes in tomato will be studied emerged as a result of these studies. In essence, we have shown that it is possible to study and manipulate plant developmental systems using reverse genetic techniques and have provided a wealth of new molecular tools to interested colleagues working with tomato. Similarly, genes responsible for cell division, cell proliferation and cell fate were studied in Arabidopsis floral meristems. Among these genes are the TSO1, TSO2, HANABA TARANU and UNUSUAL FLORAL ORGANS genes, each affecting in its own way the number of pattern of cell divisions, and cell fate, in developing Arabodopsis flowers. In addition, new methods have been established for the assessment of the function of regulatory gene action in the different clonal layers of developing floral meristems.
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Kokurina, O. Yu. VIABILITY AND RESILIENCE OF THE MODERN STATE: PATTERNS OF PUBLIC-LEGAL ADMINISTRATION AND REGULATION. Kokurina O.Yu., February 2022. http://dx.doi.org/10.12731/kokurina-21-011-31155.
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The modern understanding of the state as a complex social system allows us to assert that its resilience is based on ensuring systemic homeostasis as a stabilizing dynamic mechanism for resolving contradictions arising in society associated with the threat of losing control over the processes of public administration and legal regulation. Public administration is a kind of social management that ensures the organization of social relations and processes, giving the social system the proper coordination of actions, the necessary orderliness, sustainability and stability. The problem of state resilience is directly related to the resilience of state (public) administration requires a «breakthrough in traditional approaches» and recognition of «the state administration system as an organic system, the constituent parts and elements of which are diverse and capable of continuous self-development». Within the framework of the «organizational point of view» on the control methodology, there are important patterns and features that determine the viability and resilience of public administration and regulation processes in the state and society. These include: W. Ashby's cybernetic law of required diversity: for effective control, the degree of diversity of the governing body must be no less than the degree of diversity of the controlled object; E. Sedov’s law of hierarchical compensations: in complex, hierarchically organized and networked systems, the growth of diversity at the top level in the structure of the system is ensured by a certain limitation of diversity at its lower levels; St. Beer’s principle of invariance of the structure of viable social systems. The study was supported by the RFBR and EISI within the framework of the scientific project No. 21-011-31155.
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Goswami, Amlanjyoti, Sudeshna Mitra, Deepika Jha, Kaye Lushington, and Sahil Sasidharan. Land Records Modernisation in India: An Institutional, Legal & Policy Review. Indian Institute for Human Settlements, 2021. http://dx.doi.org/10.24943/9788195489305.
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This work provides an institutional, legal and policy review of crucial aspects of land records modernisation systems at the national level. Introducing property records and patterns of ownership in India, it provides an overview of various central government schemes promoting land records modernisation. It discusses the systemic and legal characteristics of land records and the proposed shift to conclusive land titling system, drawing attention to issues of tenure and property rights, especially in the urban and peri-urban context. Presenting multiple case studies on ongoing modernisation initiatives in some of the study states, the volumes also looks at the roles of multiple institutional stakeholders and the interfaces between them. Operational challenges faced in this transition to technology have also been discussed, in an attempt to bring out an overall picture of crucial issues and best practices across state-level diversities. The objective is to highlight the possibility of multiple trajectories and look at ways in which states can learn from each other by sharing experiences, while simultaneously acknowledging that there are certain issues that are typical of a particular state and must be resolved via deeper engagement with the local terrain.
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Battakhov, P. P. MAIN PROVISIONS OF SOCIAL ENTERPRISE IN RUSSIA. DOICODE, 2020. http://dx.doi.org/10.18411/2276-6598-2020-58823.
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This article discusses the concept of the social orientation of activity and the entrepreneurial approach at the level of the Russian Federation, including a number of aspects of the legal regulation of public relations between organizations of state power and social entrepreneurs. The main problem of the study is the study of the sequence of the assignment of the status of a social enterprise by the authorities Russia at the federal level. Currently, the question is being raised about the adoption of a separate federal legislative act "On the development of small and medium-sized enterprises in the Russian Federation." The introduction of the relevant law is necessary, since the reasons are the basis for the inevitability of consideration of public problems and the adoption of relevant official documents in all regions of the Russian Federation.