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1
Flaiszhaker, Dalit. "Dissonance in Global Financial Law." Deakin Law Review 24 (August 30, 2019): 61–100. http://dx.doi.org/10.21153/dlr2019vol24no1art871.
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This article explores whether the post-GFC global financial architecture is likely to provide efficient regulation capable of preventing a future crisis from occurring. The article starts with a brief overview of the emergence in the 1970s of global financial architecture. A thorough descriptive analysis of the post-crisis architecture follows, raising serious doubts regarding the current architecture’s ability to accomplish its goal. This analysis is performed in two stages, taking first an outsider’s perspective on the changes the architecture underwent after the crisis and moving then to the inside — the structure and contents of the architecture. Using macro-prudential methodological tools, the establishment of the Financial Stability Board is reviewed, along with three cutting edge regulations: the Basel III framework for banking, the IOSCO’s recommendation for money market funds, and the FSB’s recommendations regarding repurchase agreements. Pointing out the architecture’s perceived failure to provide stability due to severe regulatory arbitrage, the article then widens the lens to explore the implications of the above regulation. The article suggests that the current architecture encourages ‘financialisation’ and pushes the financial system and the real economy further apart. Consequently, the article raises normative concerns regarding the legal foundations of the global financial architecture, and its legitimacy.
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Ahmadani, Faisal, Adis Imam Munandar, and Agape Zacharia R.D. "STAKEHOLDER ANALYSIS: DEVELOPMENT AND EMPOWERMENT STUDENT REGIMENT IN INDONESIA DEFENSE SYSTEM." International Journal of Research -GRANTHAALAYAH 8, no. 12 (December 25, 2020): 54–59. http://dx.doi.org/10.29121/granthaalayah.v8.i12.2020.2664.
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The history of Student Regiment in Indonesia is an integral part of Indonesia history as well. But after Indonesia democracy reform, militaristic identity of Student Regiment and degradation Student Regiment’s role in Indonesia Defense System face dilemmatic discourse especially in development and empowerment. This paper applies qualitative method and stakeholder analysis with comparative approach. Based on Law Np. 23/2019, Student Regiment development and empowerment policies should be reviewed. All the policies and regulations on Student Regiment in the future could be supporting Indonesia Defense System management to gain deterrent as the final goal, and Four Ministers Joint Agreement Letter in 2014 should be replace with updated and strong regulation.
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Laidiana Torres Rodríguez, Lisett D. Páez Cuba, and Liliana Margarita Martínez Hernández. "Migration and the crimes of People smuggling and trafficking. Technical-legal analysis." Technium Social Sciences Journal 5 (March 9, 2020): 32–45. http://dx.doi.org/10.47577/tssj.v5i1.115.
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In this paper, a technical and legal analysis of the crimes of people trafficking and smuggling associated with migration was made, according to the mistaken regulations in the Cuban Penal Code. For that reason theoretical and empirical methods were used. A proposal for improving the regulation of the crimes of people trafficking and smuggling associated with it in the Cuban Penal Code was established, in order to a future amendment. It was analyzed the migration as a social phenomenon with a lot of legal and criminal consequences. In addition, the crimes of people trafficking and smuggling associated with it were defined and compared; and it was made a study from the comparative law about the regulation of these crimes in the foreign legislations.
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Palm, Jenny. "The Transposition of Energy Communities into Swedish Regulations: Overview and Critique of Emerging Regulations." Energies 14, no. 16 (August 13, 2021): 4982. http://dx.doi.org/10.3390/en14164982.
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One organizational innovation introduced by the clean energy for all Europeans package (CEP) is that of the energy community (EC), including the renewable energy community (REC) and citizen energy community (CEC). The translation of related directives into national legislation is underway in Sweden, and the Swedish Energy Market Inspectorate (Ei) has proposed a new law on ECs, which has been sent for consultation. This article analyzes the Ei proposal and the responses from the 27 referral bodies commenting on the new EC regulations. Positive aspects of the proposal were that it would be a law on ECs and that it would be easy to start and run an EC. Critics were concerned that the law was too vague, the relationship between existing cooperatives and the new ECs was not clear, both CEC and REC are used instead of only using one term, there is a lack of suggestions on supportive measures for ECs, ECs will have less favorable conditions than other micro-producers of electricity, there is a lack of barrier analysis and visions of a future of ECs, and finally, that the situation for marginalized households was not dealt with in the proposal.
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Suntana, Ija. "The Constitutional Law Research Trends and Plagiarism Problem in State Islamic University." YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam 10, no. 2 (October 22, 2019): 121. http://dx.doi.org/10.21043/yudisia.v10i2.5654.
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The objective of this research was to find out research trend in constitutional law area as well to map research procedures in the said area and its projection in the future. Bibliometric analysis was applied, using 80 theses as sample from constitutional law bachelor degree student theses data base, with time range from 2013 to 2017. The research result shows that the Constitutional Law students gave extra preference to legislation studies rather that other subject. In methodological matters, the trend shows that most of research used descriptive methodology (45%) and only few utilized comparative methods (6%). At least 41 concepts were chosen by the students, with top four concepts are the enactment of regulations, the implementing regulations of Acts, the local government regulations, and the enactment of an article. The less chosen concepts are international law/regulations and state treasury management. From research originality aspect, by using Turnitin application, there are 28 theses that have similarity indication with previous researches (with various typologies) and 52 theses are acceptable.
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Putra, Andi Bayu, and Hendrik Sulistio. "Analisis Undang Undang yang Mengatur Jasa Konstruksi Indonesia Terhadap Pengguna dan Penyedia Jasa Konstruksi." MEDIA KOMUNIKASI TEKNIK SIPIL 25, no. 2 (January 8, 2020): 199. http://dx.doi.org/10.14710/mkts.v25i2.19678.
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Construction Services Law is a statutory regulation that is used to regulate all matters involving construction services, whereas in this study conducted in Jakarta, Indonesia, Law No. 18 of 1999 about Construction Services and Law No. 2 of 2017 about Construction Services. With changes in the Construction Services Law, there are differences in the form of revisions, additions, and reductions. These differences and changes are analyzed with the aim of developing a better Construction Services Law in the future. The method used in this research is a literature study method and questionnaire survey method. Questionnaire questions were formed based on literature studies from previous research and Construction Services Law discussed in this study. Data obtained from respondents were entered into the IBM SPSS Statistics 23 program and then conducted a validity test, reliability test, correlation test, and regression analysis. The analysis shows that there are several Construction Services Law’s regulations which cannot be a good guide for construction service providers and users yet, due to: the provisions regarding building failures are not well explained, the general lack of provisions governing the selection of expert assessors, the lack of clarity governing labor standards construction work and unclear regulations regarding sanctions for parties involved in construction work.
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Putra, Angga Kiryaditama. "ANALYSIS OF BPK LEGAL BASIS FOR FORESIGHT AUDITORS FOR THE ACCELERATED ACHIEVEMENT OF THE SUSTAINABLE DEVELOPMENT GOALS." Jurnal Tata Kelola dan Akuntabilitas Keuangan Negara 6, no. 2 (December 28, 2020): 103–28. http://dx.doi.org/10.28986/jtaken.v6i2.383.
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Law Number 15 of 2004 and Law Number 15 of 2006 only lay down the authority of the BPK in conducting audits in general and the types of audits that can be conducted by BPK. These regulations, however, do not specifically and explicitly provide the authority to the conduct of a foresight audit. Foresight audit launched by BPK in the 2016-2020 BPK Strategic Plan will be very important in the achievement of sustainable development goals (SDGs) by 2030, given that the BPK will provide feedback and suggestions on important future policies to accelerate the achievement of SDGs. Legal instruments have an important role for BPK as the legal basis for the institution in achieving the Highest Maturity Model of the Accountability Organization in conducting a foresight audit. This study employs a normative legal research method that aims to explore and study regulations that support BPK as a foresight auditor in the future. The results illustrate that the legal basis or legal instruments for the exercise of BPK’s foresight audit authority is sufficient but still needs to be improved. The addition of legal instruments and authorities can be a solution to ensure that any foresight audit performed in the future can run optimally and accelerate the achievement of the SDGs.
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Moore, Jonathan W., Linda Nowlan, Martin Olszynski, Aerin L. Jacob, Brett Favaro, Lynda Collins, G. L. Terri-Lynn Williams-Davidson, and Jill Weitz. "Towards linking environmental law and science." FACETS 3, no. 1 (October 1, 2018): 375–91. http://dx.doi.org/10.1139/facets-2017-0106.
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Gaps between environmental science and environmental law may undermine sound environmental decision-making. We link perspectives and insights from science and law to highlight opportunities and challenges at the environmental science–law interface. The objectives of this paper are to assist scientists who wish to conduct and communicate science that informs environmental statutes, regulations, and associated operational policies (OPs), and to ensure the environmental lawyers (and others) working to ensure that these statutes, regulations, and OPs are appropriately informed by scientific evidence. We provide a conceptual model of how different kinds of science-based activities can feed into legislative and policy cycles, ranging from actionable science that can inform decision-making windows to retrospective analyses that can inform future regulations. We identify a series of major gaps and barriers that challenge the successful linking of environmental science and law. These include (1) the different time frames for science and law, (2) the different standards of proof for scientific and legal (un)certainty, (3) the need for effective scientific communication, (4) the multijurisdictional (federal, provincial, and Indigenous) nature of environmental law, and (5) the different ethical obligations of law and science. Addressing these challenges calls for bidirectional learning among scientists and lawyers and more intentional collaborations at the law–science interface.
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Khairulina, Nailia, and Hanna Dubova. "Gender and Law Culture of Future Law Enforcement Specialists." Education and Pedagogical Sciences, no. 2 (177) (2021): 35–46. http://dx.doi.org/10.12958/2227-2747-2021-2(177)-35-46.
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The article considers the semiotic nature of gender and law culture, focuses on the synthetic nature of this term, and provides alternative definitions of such concepts as «gender» and «culture». Highlighting the essence of the proposed word from a semiotic perspective, the authors of the article give examples of the main elements that form the paradigm of gender and law culture. The practical part of the article is devoted to analyzing the proposed phenomenon as a psychological and pedagogical problem. Taking into account that modern conditions of social development are associated with changing social and economic, and criminal complications, as a result of which society is interested in the effectiveness of law enforcement agencies operating based on legality, humanism, transparency, the presumption of innocence, resilience, the subject matter of the research is viewed as undeniably topical today. The analysis of the scientific literature in gender and law made it possible to specify the concept of «gender and law culture of future law enforcement professionals», which, in particular, refers to the issues of forming a gender culture of future law enforcement professionals. It is considered to be an integral quality of personality determined by the specifics of law enforcement, reflecting comprehensive knowledge of the nature and legal regulation of gender aspects in current Ukrainian legislation and readiness to ensure further functioning of gender-sensitive practices and principles of non-discrimination in law enforcement activities based on legal attitudes and compliance with official duties.
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Sulaiman, King. "MODEL PARTISIPASI MASYARAKAT DALAM PEMBENTUKAN PERATURAN DAERAH MENURUT UNDANG-UNDANG REPUBLIK INDONESIA NOMOR 23 TAHUN 2014 TENTANG PEMERINTAHAN DAERAH." Perspektif Hukum 17, no. 2 (January 23, 2019): 167. http://dx.doi.org/10.30649/phj.v17i2.167.
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Abstract : This research aims to find out and explain juridical issues about the model used in the formation of regional laws based on Law Number 23 of 2014 and the inhibiting factors of public participation. The ideal alternative model for the preparation of future Regional Regulations. The research method is in the form of normative legal research (legal research) which originates from primary legal materials, secondary legal materials and tertiary legal materials. Statute approach dan conceptual approach. In this study using descriptivequalitative analysis. Research comes to the conclusion that the 2014 Law Number 23 Year has guaranteed the space for public participation, but the participation model has not been comprehensively regulated. There are various factors inhibiting public participation, such as the political will of policy makers (DPRD and Regional Government), and the attitudes of the public and the media. Finally, a low regulatory factor and a bureaucratic culture that does not provide sufficient space for public participation in the formation of regional regulations. In the future there must be ideal participation models in regional regulations that are clearly regulated in formal regulations, including: First, the public must be actively involved in every stage of the formation of regional regulations. Second, establish permanent cooperation with the formation of regional regulations (DPRD and local government) in providing input on material that will be regulated in the regulations.
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Bugatti, Laura. "Legal Education in the Next Future." International Journal of Clinical Legal Education 26, no. 3 (July 25, 2019): 3–24. http://dx.doi.org/10.19164/ijcle.v26i3.859.
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The legal profession is facing a new working environment marked by increasing globalisation, competition, technological advances and deregulation. Furthermore, the economic perspective imposed by the European Union – which leads us to consider lawyers as business as well as professionals – is having a profound impact on national regulations. Nobody would doubt that the intellectual professions have experienced a deep transformation whereas competition rules – originally addressing more traditionally commercial ventures – have begun to penetrate in this different area. In this time of changes, the ‘qualitative entry restrictions’ – taking the form of minimum periods of education (and related educational standards), post-university vocational training and professional examinations – are maintaining a key role: ensuring that only practitioners with appropriate qualifications and competence can supply their legal services in the internal market.The first part of this paper is devoted to analysis of the evolution and changes involving legal education in European countries, adopting a comparative and historical perspective. Member states have the right to regulate professional services, and they have the primary responsibility of defining the framework in which professionals operate; therefore, regulation of legal education is, first and foremost, a national matter. Nevertheless, a historical overview of the different systems shows that even if the starting points of the different traditions are very distant, sometimes even opposite, there are some common trends in the evolution that are going to create a harmonization in the field of legal education. In particular, every system is going to create a pathway to enter in the legal profession that ensures both academic studies and professional training, combining the theoretical knowledge with practical aspects.The second part of the paper focuses on the new role embraced by the law schools, arguing that the new mission of law schools is, at least in part, to contribute to the creation of legal practitioners. In fact, it seems that the division between exclusively academic theoretical study and post-university vocational training is today unsustainable. Considering the law schools’ new obligation to create both ‘theoretic and practical’ scholarship and the consequent shift towards more skills-based legal education, the second part of the paper will be devoted, in particular, to the analysis of the fundamental role that clinical legal education should play in this process of reform.
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Glintić, Mirjana. "Protection of the rights of the weaker contracting party in accordance with the Principles of European Insurance Contract Law." Strani pravni zivot, no. 3 (2020): 57–73. http://dx.doi.org/10.5937/spz64-26973.
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An analysis of not only domestic but also comparative legislation indicates the continued presence of the former trend in regulation of insurance contract law, which reflects the legislator's tendencies to protect the insurer from the policyholder's fraudulent conduct. However, certain legal systems have begun to amend their regulations in order to keep up with contemporary tendencies, reflected in providing the necessary protection to the weaker party, i.e. consumer. Therefore, the author analyses the mechanisms of protection of this contracting party presented in the Principles of European Contract Law on Insurance, because it is a source of soft law, whose authors sought to sublimate as many well balanced provisions as possible in order to achieve a higher level of protection for the weaker contracting party. The Paper analyses only some of the provisions of the Principles that strive to ensure the expansion in the scope of the policyholders' rights, while reducing their duties, on one hand, and excluding too severe sanctions in case of their misconduct, on the other hand. Even though it is high unlikely that any steps will be taken towards PEICL enactment by EU regulations, at least in the near future, there remains possibility for their impact at the legislative and scientific level. This is also testified by this paper, which can contribute to the review of current domestic legal solutions.
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Moravec, Tomáš, and Petr Valenta. "The Comparison of Efficiency of Disqualification of Directors in New Czech Business Corporation Act and in the Legal System of England." Acta Universitatis Agriculturae et Silviculturae Mendelianae Brunensis 63, no. 5 (2015): 1711–17. http://dx.doi.org/10.11118/actaun201563051711.
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The article deals with regulation of director’s disqualification in the new Czech Business Corporation Act and in the Company Directors Disqualification Act in England. The cornerstone of this article is to perform the economic analysis of the disqualification of directors according to the theory of Law and Economics. There are defined common and different points in both regulations. Furthermore this article derives and forecasts the probable number of court proceedings concerning disqualification before Czech courts in 2014. Moreover this article discusses the examples of a situation when the member of company body breaches the law or not. Last point of research is focused on asymmetric information and positive externalities of public register of disqualified persons. The article also provides future recommendation for legislator to create more effective rules.
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Caserio, Carlo, and Sara Trucco. "Corporate governance and company performance in Italy: Corporate law and regulation perspective." Corporate Law and Governance Review 1, no. 1 (2019): 24–35. http://dx.doi.org/10.22495/clgrv1i1p3.
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This paper proposes an extensive analysis of corporate governance and corporate board practices in Italy, under different perspectives. First of all, through a literature review, the research aims to analyze the main effects of laws and regulations on corporate board practices in the Italian setting by taking into account the most important corporate board models in different types of companies. This study also highlights the different functions and responsibilities assigned to the boards, bodies and boards’ members, according to the governance system implemented – classic/traditional, dualistic, monistic. For each of these systems, the main issues are presented and the most important critical points are illustrated. Regarding the functions and the responsibility of the board members, the link between the board governance and company performance is discussed on the basis of the main literature, as well as the laws concerning the participation of women to the boards’ activities. Furthermore, the effects of gender diversity on company performance is analysed taking into account the main studies on this topic. Finally, the paper presents some conclusions and future research areas on the aforementioned topics: it proposes future empirical analysis on the effects that different governance systems, different board compositions and different roles of directors, as required by the law, may have on the performance of listed/unlisted companies and on family/non-family companies.
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Muhaimin, Muhaimin, and Abd Wahab. "Futurologi Undang-undang Pemilu di Indonesia Perspektif Maq?s}id al-Shar?‘ah." ISLAMICA: Jurnal Studi Keislaman 13, no. 2 (March 1, 2019): 279–304. http://dx.doi.org/10.15642/islamica.2019.13.2.279-304.
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This article is a response to some regulations of the election in Indonesia, facing the General Election of 2019. This article will make a more complete analysis than before, yet the people over the general election a few years ago based on the regulation. Even, inside the process, there are many issues that must be concealed in future time. So that, this article also give a new paradigm based on maq?s}id al-shar?‘ah become a foundation to formulate the next. This article concludes that for the future, to get all coherences of maq?s}id al-shar?‘ah in ideal concepts, the regulators must be put al-mas}lah}ah al-‘?mmah as a core. Al-Mas}lah}ah al-‘?mmah means that regulations will erase the contestation of political identities, strengthening the presidential system, and regulate over the money politics on the campaign process in the future election.
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Afrizal, Dedy, Emad Mohammed Al-Amaren, and Irfan Murtadho Yusuf. "THE PARTICIPATION OF THE BREEDERS : REGIONAL REGULATION OF DUMAI CITY CONCERNING LIVESTOCK AND PETS." Yustisia Jurnal Hukum 10, no. 1 (April 8, 2021): 84. http://dx.doi.org/10.20961/yustisia.v10i1.49001.
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<em>This article aims to look at community participation in implementing Dumai City Act Number 10 of 2008 concerning livestock and pets, namely what impacts arise and what sanctions will be received if they do not comply and what are the anticipatory actions of the breeders so that they will not suffer losses in the future. This study is a qualitative research categorized as sociological juridical research. The data analysis was conducted using descriptive analysis. The results showed that the breeders (livestock farmers)’ lack of understanding on the regulations that had been set was one of the obstacles arising in the implementation of the law. It is hoped that the related parties involved in this Regional Regulation understand the legal sanctions and the impacts that arise from any disobedience acts. From various community backgrounds and in terms of educational factors, cultural factors, geographical aspects, and facility factors, it appears that the government's role in creating all aspects involved in jointly implementing this regional regulation is requiredBesides, breeders must implement these regional regulations as a form of anticipatory action; thus, such livestock and pet activities will not harm themselves and their environment.</em>
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Nunes, Fabrizia, Alex Santos, Helci Ramos, Rodrigo Santos, and Daniel Soares. "Mapeamento das áreas verdes nos loteamentos urbanos do município de Goiânia-GO Brasil: uma análise espacial da conduta legislativa." GOT - Journal of Geography and Spatial Planning, no. 20 (December 30, 2020): 105–21. http://dx.doi.org/10.17127/got/2020.20.005.
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Article measures the distribution of green areas within the subdivisions of the municipality of Goiânia. It aims to verify if the regulation presented in Federal Law 6.766/1979, which regulates the Parcelamento do solo urbano it is being fulfilled with regard to the reservation of at least 10% of the total subdivision for the green and leisure areas. This is mainly an observation for a future scenario, there is an expectation of reducing the metric to 7.5%, to be provided for in the draft law of the New Master Plan. To obtain the data, techniques of Digital Image Processing and analyzing with Geographic Information System were applied. The results were surprising, because of the 1.089 subdivisions analyzed, 512 allotments, equivalent to 47.02% of the area, have coverage of green and leisure areas, less than 10%, thus, not complying with the current regulations provided for in the legislation. For new the 7.5% metric, this number reduces to 458, which may compromise the losses of 2.1 km² of these spaces.
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Rissy, Yafet Y. W. "PERGESERAN NEGARA HUKUM KE ‘NEGARA HIMBAUAN’: MENAKAR DAMPAK REGULASI PENANGANAN COVID-19 TERHADAP PEREKONOMIAN DAN KEUANGAN INDONESIA." Jurnal Hukum Bisnis Bonum Commune 3, no. 2 (July 22, 2020): 214–28. http://dx.doi.org/10.30996/jhbbc.v3i2.3478.
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AbstractThis article discusses the shifting phenomenon from rule of law to ‘rule of persuasion’ by analysing regulations concerning Covid-19 mitigation through large-scale social restrictions (PSBB) and their impact on Indonesian economy and financial sector. Analysis of PSBB regulations shows that the regulations do not have criminal and law enforcement provisions that could lead legal uncertainty. PSBB regulations are simply a persuasion model. This has led to the shifting from rule of law to ‘law rule of persuasion’. As a result, on one hand, law enforcement related to PSBB regulations would not be effective and could make the Covid-19 pandemic prolonged, and on the other hand, legal uncertainty itself as well as the Covid-19 pandemic would have serious implications for Indonesian economy and financial sector. It is recommended that in the future, any regulations, especially at the level of statutes (acts), should seriously consider the establishment of legal certainty through criminal provisions and law enforcement and anticipate properly the impact such regulations and Covid-19 on Indonesian economy and financial sector.Keywords: legal uncertainty; rule of law; ‘rule of persuasion’AbstrakArtikel ini membahas fenomena pergeseran negara ke ‘negara himbauan’ dengan melakukan analisis terhadap regulasi terkait penangangan Covid-19 melalui pembatasan sosial berskala besar (PSBB) dan dampaknya terhadap keuangan dan perekonomian Indonesia. Analisis terhadap regulasi PSBB menunjukan bahwa regulasi tidak memiliki ketentuan pidana dan aspek penegakan hukumnya yang dapat menimbulkan ketidakpastian hukum. Regulasi PSBB sekedar merupakan model himbauan yang telah menegaskan adanya fenomena pergeseran dari negara hukum ke ‘negara himbauan’. Akibatnya, di satu sisi, penegakan hukum terhadap regulasi PSBB tidak akan berjalan efektif dan bisa membuat pandemi Covid-19 berkepanjangan, dan di sisi lainnya, ketidakpastian hukum sebagaimana juga pandemic Covid-19 akan memiliki implikasi serius bagi perekonomian dan keuangan Indonesia. Direkomendasikan agar kedepannya, regulasi apapun, utamanya di tingkat undang-undang, harus secara sungguh memperhatikan aspek kepastian hukum melalui pengaturan dalam ketentuan pidana dan penegakan hukumnya dan mengantisipasi secara tepat dampak regulasi dan Covid-19 bagi perekonomian dan keuangan Indonesia. Kata kunci: ketidakpastian hukum; negara hukum; ‘negara himbauan’
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Sulistyaningsih, Tri, Achmad Nurmandi, Salahudin Salahudin, Ali Roziqin, Muhammad Kamil, Iradhad T. Sihidi, Ach Apriyanto Romadhan, and Mohammad Jafar Loilatu. "Public Policy Analysis on Watershed Governance in Indonesia." Sustainability 13, no. 12 (June 10, 2021): 6615. http://dx.doi.org/10.3390/su13126615.
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This paper, which is focused on evaluating the policies and institutional control of the Brantas River Basin, East Java, Indonesia, aims to review government regulations on watershed governance in Indonesia. A qualitative approach to content analysis is used to explain and layout government regulations regarding planning, implementation, coordination, monitoring, evaluation, and accountability of the central and local governments in managing the Brantas watershed, East Java, Indonesia. Nvivo 12 Plus software is used to map, analyze, and create data visualization to answer research questions. This study reveals that the management regulations of the Brantas watershed, East Java, Indonesia, are based on a centralized system, which places the central government as an actor who plays an essential role in the formulation, implementation, and accountability of the Brantas watershed management. In contrast, East Java Province’s regional government only plays a role in implementing and evaluating policies. The central government previously formulated the Brantas watershed. This research contributes to strengthening the management and institutional arrangement of the central government and local governments that support the realization of good governance of the Brantas watershed. Future research needs to apply a survey research approach that focuses on evaluating the capacity of the central government and local governments in supporting good management of the Brantas watershed.
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Najini, Hiba, Mutasim Nour, Sulaiman Al-Zuhair, and Fadi Ghaith. "Techno-Economic Analysis of Green Building Codes in United Arab Emirates Based on a Case Study Office Building." Sustainability 12, no. 21 (October 22, 2020): 8773. http://dx.doi.org/10.3390/su12218773.
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Green building regulations in the United Arab Emirates are required to obtain building permits so that future construction projects can create a sustainable living environment. Emirates such as Abu Dhabi, Dubai, and Sharjah have specific green building regulations, whereas other emirates follow Abu Dhabi’s regulatory criteria. Previous work fails to present a techno-economic cross-code analysis for various green building regulations in the UAE by evaluating energy and water performance. A case study using an existing high-rise green office building was formulated using the Integrated Environmental Solution: Virtual Environment (IES-VE) platform and the U.S. Leadership in Energy and Environmental Design (U.S. LEED) water consumption evaluation tool to study its energy and water performance, respectively. The archived results were used to devise an economic study based on the discounted cash flow technique. The principal findings of this research allowed us to determine a cross-code analysis and propose cost-effective trade-offs. These will aid the consultants and contractors in choosing appropriate green building regulations in the UAE by highlighting the potential of each parameter within green building regulations in terms of energy, water, and economic performance.
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Peng, Haiqing. "Dialectical analysis of amendment to the Criminal Procedure Law of China in 2018." Vestnik of Saint Petersburg University. Law 12, no. 2 (2021): 384–400. http://dx.doi.org/10.21638/spbu14.2021.209.
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The amendment to the Criminal Procedure Law in China in 2018 mainly involves enhancing the system for leniency based on admission of guilt and acceptance of punishment, increasing the procedure of fast-track sentencing, improving the convergence norm between the Criminal Procedure Law and the Supervision Law, and adding the procedure for trial in absentia. These improvements and additions have positive implications for the implementation of a criminal policy of leniency and strictness, for realization of the diversion of complex situations and simple situations in the proceedings, for deepening the reform of the state’s supervisory system, for realizing the people’s procuratorate’s effective performance of legal supervision, and power and for effectively punishing crimes of corruption. However, there are limitations in the amendment of the Criminal Procedure Law in 2018. In the future, the amendment to the Criminal Procedure Law can adopt both the comprehensive amendment of the National People’s Congress and the partial amendment of its Standing Committee, so as to promote the amendment of the Criminal Procedure Law in a timely and comprehensive manner. In terms of the amendment’s content, the judicial reform results and coordination between laws should be fully considered. New regulations for the new law should be clear and enforceable. In regard to law implementation, there should be sufficient time for implementation preparation after the promulgation of the new law.
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Abbas, Syed Ali. "Legal Regulations and Branding Higher Education Institutions." Asian Journal of Social Science Studies 2, no. 3 (October 11, 2017): 27. http://dx.doi.org/10.20849/ajsss.v2i3.195.
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With the advancement in technology the demands for businesses are increasing, exactly the way compliance with legalities and rules and regulations have become a must for businesses to reach their peak. Considering the very scenario, this review paper aims to recon the importance and linkage of branding with laws and legislation required to brand a specific product/ service. Most importantly the current trend in higher education branding entails ways for rigorous marketing which universities and HEIs (Higher Education Institutions) are doing to promote themselves. From TV ad to Social media and from promotional flexes to gorilla marketing, universities are leaving no stone unturned to band themselves. However, their branding approach and campaigns are bound to comply with local laws of their respective countries which are governed by cultural and geographical constraints as well. Therefore this analysis based commentary forms bases for future research comprising of branding and legislation as a determinant of the intensity and limit for branding, thus focusing the importance of mercantile law with business world.
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Böhling, Kathrin, and Maria Fernanda Marques Todeschini. "The Forest Sector in the 2030 EU Climate Policy Framework: Looking back to Assess Its Future." Journal for European Environmental & Planning Law 18, no. 1-2 (February 10, 2021): 124–42. http://dx.doi.org/10.1163/18760104-18010008.
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Abstract From 2021 onwards, forests and forestry will for the first time contribute to the European Union’s climate action targets. The new Land Use, Land Use Change & Forestry (lulucf) Regulation commits Member States to achieve carbon neutrality on the basis of an EU-wide system. The system accounts for carbon sequestered and emitted from forests and other land uses like crop- and wetland. What looks like a significant step in the Union’s climate policy framework, however, leaves the large potential of Europe’s forest sector for climate mitigation untapped. The present article draws this conclusion from a comprehensive analysis of 67 documents related to decision-making on the lulucf Regulation. It reveals coalitional politics and the salience of the Commission’s behavior as key to explain the Regulation’s limited scope and concludes with assessing the future role of forests in the Union’s climate policy framework.
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Gabov, А. V. "ADDITIONAL CONCLUSION ON A DISSERTATION." METODOLOGICAL PROBLEMS OF THE CIVIL LAW RESEARCHES 3, no. 3 (January 1, 2021): 163–80. http://dx.doi.org/10.33397/2619-0559-2021-3-3-163-180.
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Introduction: the article deals with the legal phenomenon of an additional conclusion on a dissertation that rarely comes into the focus of attention of domestic researchers, which is regulated in the Regulations on Awarding Academic Degrees and the Regulations on the Council for the Defense of Dissertations for the Degree of Candidate of Science, for the Degree of Doctor of Science. The relevance of the issue is explained by the ongoing processes of transformation of all the main elements of the state system of scientific certification. Purpose: to show the main elements of this institute, the problems of its regulation, including in connection with the changes made to the state system of scientific certification by Federal Law of 23 May 2016 No. 148-FZ “On Amendments to Article 4 of the Federal Law ‘On Science and State Scientific and Technical Policy’” (hereinafter – Law No. 148-FZ), as well as the directions for improving legal regulation of this institute. Methods: system analysis, historical method. Results: the goals of the institute of additional conclusions on the dissertation are revealed; marked defects in the regulation of additional conclusion on the dissertation; given the significant changes in the state system of scientific attestation in connection with the receipt of a number of organizations right of self-awarding degrees, as well as the accumulated practice of application of this institute, the directions of its improvement are formulated. Conclusions: according to the author of the article, the institute of additional conclusion should not be abandoned, it may well be in demand in the future and in the activities of organizations, those who have received the right to independently award academic degrees. The current regulation of the institute of additional conclusion requires complete renovation.
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Roberts, Simon. "Social security coordination after Brexit: trying to take an egg out of an omelette?" ERA Forum 20, no. 4 (December 13, 2019): 531–47. http://dx.doi.org/10.1007/s12027-019-00591-9.
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AbstractThis article examines the negotiations to secure social security and healthcare rights after Brexit for people who have exercised their right to free movement or move between the EU and UK in the future. The analysis is based upon examination of drafts of the Withdrawal Agreement informed by interviews with senior policy makers involved in the Brexit negotiations. The article finds that while persons and benefits included in the Withdrawal Agreement mirror those of the current Coordinating Regulations the procedure for identifying eligibility is complicated and future arrangements might not provide comprehensive coverage and legal certainty.
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Krstić, Mladen, and Tamara Milenković-Kerković. "Comparative Analysis of Serbian and European Legislation in the Area of Waste Management." Economic Themes 55, no. 2 (June 27, 2017): 217–41. http://dx.doi.org/10.1515/ethemes-2017-0013.
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AbstractWaste management, ecological consciousness and environmental protection have become increasingly topical issues ever since the beginning of the 21st century, and in favour of this claim is the fact that there is an increasing number of authors dealing with environmental law, as well the level of global ecological consciousness. The contemporary consumer society is characterized by the fact that it creates a plethora of different kinds of waste. The goal is to create a modern system of integrated waste management in order to encompass the cycle of manufacturing and consumption with a recycling process at the end of the consumer products lifespan. The purpose of this paper is to provide an overview of the European legislation, as well as to analyse the Serbian legislation in the area of waste management. The European legislation on waste management is much older and far more developed than its Serbian counterpart, hence, it represents the foundation for future development of regulations in Serbia. The current waste management legislation in Serbia is largely based on the EU legislation, however, owing to the insufficiently matured and stable Serbian institutions, implementation of these regulations is below the expected level.
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Kurniawan, Galih Puji. "The Effect of Acceptance and Management of Political Party Funds on the Future of Political in Indonesia." International Journal on Advanced Science, Education, and Religion 4, no. 2 (July 12, 2021): 110–16. http://dx.doi.org/10.33648/ijoaser.v4i2.29.
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The aim of this article was to analyze the effect of acceptance and management of political parties in Indonesia. To understand this study's problem, study the data we have done, including reviewing ten academic findings from international publications, observing and documenting data related to this topic. After the data was collected, we were then provided with analysis, including text analysis, description, coding, and immersion results. Every text is in a language, so we use a translation application to help us understand Indonesian. To determine whether the data constitutes a valid and reliable study finding, we review it and make sure we have answered the study questions. So the results we can report that the RSD framework has become a conceptual framework for the development of research skills for academic and educational needs. The result show that The sources of revenue for political party funds in Indonesia based on Law Number 2 of 2011, come from membership fees, donations, and state assistance. However, the majority of political party funding sources come from donors, including individual donors and business entities. There are still differences in the financial structure of political parties in the law and in daily political practice, indicating that regulations that discuss party funding (Law No. 2 of 2008 and Law No. 2 of 2011) fail to encourage political parties to raise funds to meet their operational needs
Keywords: Management of Political Parties, Political Parties, Political Party Fund
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McKelvey, Steve, and Anita M. Moorman. "Bush-Whacked: A Legal Analysis of the Unauthorized Use of Sport Organizations’ Intellectual Property in Political Campaign Advertising." Journal of Sport Management 21, no. 1 (January 2007): 79–102. http://dx.doi.org/10.1123/jsm.21.1.79.
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Many 2004 presidential-election campaign advertisements were strategically targeted to appeal to viewers of sporting event telecasts. The Bush–Cheney campaign’s unauthorized use of the termOlympicin advertisements that aired throughout the 2004 Summer Olympic Games telecasts raised novel legal issues at the intersection of trademark law and constitutionally protected political speech. This article provides an analysis of the legal issues surrounding the Bush–Cheney campaign’s unauthorized use of the termOlympic. This article first examines the viability of trademark, unfair competition, and misappropriation-based claims potentially available to the United States Olympic Committee and other sport organizations. The article then examines some state-based regulations and case law regarding false and deceptive political campaign advertising that suggests a possible legal challenge to future political advertising campaigns that use sport organization trademarks without authorization. In addition to providing implications for sport managers, this article suggests that Congress may need to revisit latitudes afforded political speech to prevent a dangerous trend of political candidates’ misrepresenting their association with sport organizations.
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Hasnah, George. "Opportunity knocks? Parking regulations and automotive thefts in the age of coronavirus." Journal of Criminological Research, Policy and Practice 7, no. 3 (May 28, 2021): 209–20. http://dx.doi.org/10.1108/jcrpp-09-2020-0063.
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Purpose This paper aims to explore the relationship between adjustments in parking regulations in major American cities in response to the 2019 novel coronavirus and vehicle thefts. Design/methodology/approach Vehicle theft data from the 25 most populous American cities were collected between 2019 and 2020. Information was also collected on the type, severity and number of changes to parking enforcement regulations made in March and April 2020 in response to the outbreak of the coronavirus in the USA. Findings This analysis shows that the relaxation of parking regulations is associated with a significant increase in the number of vehicle thefts in major metropolitan areas. Research limitations/implications Although this research cannot prove a cause and effect relationship, statistical analysis of the data shows that policy change and vehicle thefts are related variables. Practical implications Guide for future policies-increase awareness; promote safety; promote accountability. Originality/value The comparison of increased vehicle thefts to parking enforcement policies; to policymakers, the general public.
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Aliyeva, Zamina. "The Law Aspects in Health Management: A Bibliometric Analysis of Issues on the Injury, Damage and Harm in Criminal Law." Marketing and Management of Innovations, no. 3 (2020): 293–305. http://dx.doi.org/10.21272/mmi.2020.3-21.
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The paper presents the analysis of the approaches to define the areas of research on the injury, damage and harm to human health in criminal law. The obtained results proved that crimes, connected to drugs abuse, their legislation become an essential part of the issues. At the same, developing of government control, medical standards, improving quality of medical education balancing the «medical mistake – injury to human’s health – jurisprudence consequences» triangle in the tendency of the injury, damage and harm in criminal laware becoming very important to the healthcare system due to increasing requirements of regulators, customers and shareholders. The paper aimed to analyse the tendency in the literature on the injury, damage and harm in criminal law, which published in books, journals, conference proceedings etc. to identify future research directions. The methodological tools are VOSviewer, Scopus and Web of Science (WoS) software. This study covers 1072 papers from Scopus and WoS database. The time for analysis were 1970-2020. The Scopus and WoS analyse showed that in 2012-2019 the numbers of papers on the injury, damage and harm in criminal law issues began to increase. However, the topics changed from general issues to the problem of decriminalisation of drug trafficking, and the corresponding paradigm shift in the punishment of some crimes, increasing interest in punishing corporations for violating environmental regulations. In 2017 the number of documents dedicated to injury, damage and harm in criminal law was increased by 667% compared to 2012. The main subject areas of analyses of the injury, damage and harm in criminal law were the next: Law, Public environmental, occupational health, Criminology penology, Substance abuse, Psychiatry, Medicine. The biggest amount of investigations of the injury, damage and harm in criminal law was published by the scientists from the USA, United Kingdom, Australia and Canada. In 2019 such journals with high impact factor as International Journal of Drug Policy, International Journal of Law and Psychiatry, The Lancet etc. published the number of issues, which analysed of the injury, damage and harm to human health in criminal law. Such results proved that theme on the injury, damage and harm to human health in criminal law is actually in the ongoing trends of the modern jurisprudence and regulation. The findings from VOSviewer defined 6 clusters of the papers which analysed the injury, damage and harm to human health in criminal law from the different points of views. The first biggest cluster (with the biggest number of connections) merged the keywords as follows: criminal justice, law enforcement, public health, health care policy, harm reduction, drug legislation, drug and narcotic control, substance abuse, homelessness etc. The second significant cluster integrated the keywords as follows: criminal behaviour, crime victim, adolescent, violence, mental health, mental disease, prisoner, young people, rape, police etc. The third biggest cluster concentrated on criminal aspects of jurisprudence, criminal law, human right, legal liability, social control, government regulation etc. The obtained results allow concluding that balancing the triangles «medical mistakes – criminal – education» and «drugs – criminal – justice» and «abortion – criminal – women/children» form an important part of the injury, damage and harm in criminal law issues. Keywords injury, damage, harm, human health, criminal law, management, governance.
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Pera, Jacek. "Sharing economy as the new paradigm of the economy of the future. Risk analysis." Central European Review of Economics & Finance 23, no. 1 (February 28, 2018): 13–33. http://dx.doi.org/10.24136/ceref.2018.002.
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Sharing economy is cooperation and sharing based on providing the opportunity to access goods and services to those, who precisely need such a service. This paper attempts to organise the yet unsettled areas of sharing economy that today determine its risk and make it ambiguous, unequal, unfair and objectionable in the eyes of many a business environments. The aim of this article is to analyze the risk associated with sharing economy. To fulfil this aim the author has discussed: the paradigm of consumption and the common good in the context of the economy of the future, the etymology of the term of sharing economy and identification of risk that is linked with this phenomenon. The studies were divided into two parts: the first concerns theoretical risk analysis of the functioning of sharing economy based on subject literature; the second part is a practical analysis of the risk of the impact of sharing economy on the Polish labour market on the example of UBER application. The following research hypothesis was adopted in the paper: The risk of impact of sharing economy on the labour market in Poland is of little significance. The analysis allowed to identify the following risk types in the number of twenty, which are present today in sharing economy: Unequivocal and coherent concept, Data safety, Taxes, Law regulations, Quality, Service performance guarantee, Pursuing claims, Employees rights, Responsibility for clients, Grey market, Competitiveness, Relations: sharing - business, Licences and permissions, Employment relationship, Deflation, Consumer rights protection, Employment, Abuse, Mentality, Sales. A risk analysis of the effects of sharing economy on the Polish labour market showed that this phenomenon was of low significance in the analysed period.
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Kowalski, Dariusz. "Europejska definicja mikro, małych i średnich przedsiębiorstw jako instrument polityki rozwoju sektora przedsiębiorstw – doświadczenia, postulaty i wnioski na przyszłość." Przegląd Europejski, no. 2-2020 (June 8, 2020): 49–60. http://dx.doi.org/10.31338/1641-2478pe.2.20.4.
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The subject of the article is the issue of separating micro, small and medium enterprises (SME) from the general economy which due to their small size encounter market barriers hindering their development. The basic legal instruments in this matter is the definition of the SME sector at the level of the EU regulations. The purpose of the analysis is to look for advantages and disadvantages of the existing definition, as well as to refer to the selected ideas of its modification, considering European Union case law. The main research hypothesis is: regarding the importance of SME’s definition for the EU economy, the changes that must be made in the analysed concept must take into account the existing economic conditions as well as the previously available use of the same definition by the institutions. However, it is equally important to identify the purpose for which the SMEs were separated under a specific definition. The purpose of this separation was to provide support for such SMEs, which they de facto need. The basic research method used in the article is the dogmatic and legal method. Its subject was the analysis of the content of normative acts, the EU case law, as well as reports and analyses in the field of the SME sector.
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Stříteský, Matěj. "Právní aspekty pracovně psychologické diagnostiky." TESTFÓRUM 6, no. 10 (January 25, 2018): 23–31. http://dx.doi.org/10.5817/tf2018-10-179.
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Předkládaný článek se zamýšlí nad tím, zda existuje právní úprava, která reguluje používání psychologické diagnostiky v pracovněprávních vztazích. Článek dochází k závěru, že právní úprava pracovně psychologické diagnostiky existuje, protože se jedná o formu zjišťování informací o zaměstnancích nebo uchazečů o zaměstnání. Článek řeší např. otázku, jaké testy může pracovní psycholog používat, zda musí poskytnout výsledky testů testovanému, či zda existují sankce za porušení vyvozených pravidel. Na základě analýzy právní úpravy autor vyvozuje pravidla, pro používání psychologické diagnostiky v pracovně právních vztazích. Své závěry se autor snaží ověřovat dotazy na správní orgány, které vykonávají dohled nad dodržováním relevantní právní úpravy.The paper considers whether the Czech law includes any legal regulation of psychological testing in labour relations. The author argues that psychological testing in labour relations is indeed regulated by the law because psychological testing represents a type of obtaining information about an employee or a future employee. The paper proposes arguments why some tests should not be used for psychological testing in labour relations, why test takers have the right to access the results of testing. The paper also considers if there are any penalizations for not following the regulations. Based on the analysis of legal regulation the author proposes several rules for the use of psychological testing in labour relations. For the validation of his findings the author contacted legal authorities that enforce labour law.
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ZHOU, KAI-YI, and WILLIAM R. SHEATE. "COMPARATIVE ANALYSIS OF SEA LEGAL REQUIREMENTS AND INSTITUTIONAL STRUCTURE IN CHINA (MAINLAND), CANADA AND THE UK (ENGLAND)." Journal of Environmental Assessment Policy and Management 11, no. 04 (December 2009): 387–426. http://dx.doi.org/10.1142/s1464333209003427.
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After the Law of the People's Republic of China on Environmental Impact Assessment (the EIA Law) came into effect in China (mainland) in September 2003, and notably in 2006, the Chinese government released a series of laws and regulations to strengthen strategic environmental assessment (SEA) application in China. SEA is acknowledged by the Chinese central government as a tool to help achieve sustainable development, and it is employed as an instrument to emphasise environmental protection and "scientific outlook of development" during the course of the current rapid industrial and urban development, to build a "harmonious society", and ultimately to achieve sustainable development. This paper compares the Chinese (mainland) SEA system, its legal requirements, institutional structure and procedural framework with the UK and the Canadian systems, to provide a comprehensive overview of the current status of the institutional and governance arrangements of the Chinese SEA system. The conclusions point to some possible explanations for less than optimum implementation of SEA in China, and suggestions for ways to improve the Chinese SEA system in the future.
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Karabasil, Nedjeljko, Tamara Bošković, Igor Tomašević, Dragan Vasilev, Mirjana Dimitrijević, Nenad Katanić, and Dragan Antić. "Production of Traditional Meat Products in Small and Micro Establishments in Serbia: Current Status and Future Perspectives." Acta Veterinaria 68, no. 4 (December 1, 2018): 373–90. http://dx.doi.org/10.2478/acve-2018-0031.
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Abstract The production of traditional meat products has a considerable potential in the Republic of Serbia, particularly in small and micro (household) establishments. Among a large number of traditional meat products, dry fermented sausages and dried meat products are the most important and commonly appreciated by consumers. There is, however, a need for a better standardization of the production in this meat sector, and also implementation of necessary food hygiene rules and HACCP principles according to hygiene regulations. There are provisions in the Food Safety Law, stating the principles of flexibility, which would allow for traditional meat producers and their associations to apply for derogations in food hygiene regulations. This would enable traditional small and micro food business operators to better use their resources, relax administrative burden and use traditional production methods in the most appropriate manner, always respecting hygiene and safety principals. This review paper analyses the current status of traditional meat production in small and micro establishments in Serbia, emphasizing a need for further improvements in food safety management and standardization.
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Sowińska, Magdalena, and Janusz Piechna. "Numerical Analysis of Fluid Motion Inside Partially Filled Container Which is Moving in Unsteady Way." Archive of Mechanical Engineering 62, no. 4 (December 1, 2015): 477–508. http://dx.doi.org/10.1515/meceng-2015-0027.
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Abstract The paper describes the behavior of the liquid in a container that moves with a constant speed along a track consisting of three arcs. Such a complicated track shape generates complex form of inertia forces acting on the liquid and generates the sloshing effect. The behavior of the tank container vehicle is affected by the time-dependent inertia forces associated with the transient sloshing motion of the liquid in the non-inertial frame. These internal excitations, acting on a tank construction, can cause a loss of stability of the vehicle. For that reason, the authors analyze the dynamic loads acting on the walls of the tank truck container. The variation of the position of the liquid cargo gravity center, that depends on the filling level of the container, is also analyzed. The simulations were performed according to the varying fill level, which was 20%, 50% and 80% of a liquid in the whole tank volume. The simulations were carried out for a one-compartment container. Another aim of this study was the investigation of the influence of container division (tank with one, two and three compartments) on behavior of the liquid. These simulations considered only the half-filled container which was treated as a dangerous configuration prohibited by the law regulations for one-compartment tank. The results of simulation are presented in the form of visualization of temporary liquid free surface shape, variation of forces and moments, as well as frequency analysis. The results of simulation were analyzed, and some general conclusion were derived, providing the material for future investigation and modifications of the law regulations.
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Santana, Ricardo, Enrique Onieva, Robin Zuluaga, Aliuska Duardo-Sánchez, and Piedad Gañán. "The Role of Machine Learning in Centralized Authorization Process of Nanomedicines in European Union." Current Topics in Medicinal Chemistry 21, no. 9 (May 26, 2021): 828–38. http://dx.doi.org/10.2174/1568026621666210319101847.
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Background: Machine Learning (ML) has experienced an increasing use, given the possibilities to expand the scientific knowledge of different disciplines, such as nanotechnology. This has allowed the creation of Cheminformatic models capable of predicting biological activity and physicochemical characteristics of new components with high success rates in training and test partitions. Given the current gaps of scientific knowledge and the need for efficient application of medicines products law, this paper analyzes the position of regulators for marketing medicinal nanoproducts in the European Union and the role of ML in the authorization process. Methods: In terms of methodology, a dogmatic study of the European regulation and the guidance of the European Medicine Agency on the use of predictive models for nanomaterials was carried out. The study has, as the framework of reference, the European Regulation 726/2004 and has focused on the analysis of how ML processes are contemplated in the regulations. Results: As a result, we present a discussion of the information that must be provided for every case for simulation methods. The results show a favorable and flexible position for the development of the use of predictive models to complement the applicant's information. Conclusion: It is concluded that Machine Learning has the capacity to help improve the application of nanotechnology medicine products regulation. Future regulations should promote this kind of information given the advanced state of the art in terms of algorithms that are able to build accurate predictive models. This especially applies to methods, such as Perturbation Theory Machine Learning (PTML), given that it is aligned with principles promoted by the standards of Organization for Economic Co-operation and Development (OECD), European Union regulations, and European Authority Medicine. To our best knowledge, this is the first study focused on nanotechnology medicine products and machine learning used to support technical European public assessment reports (EPAR) for complementary information.
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Lubaale, Emma Charlene. "Covid-19-related criminalisation in South Africa." South African Journal of Criminal Justice 33, no. 3 (2020): 685–707. http://dx.doi.org/10.47348/sacj/v33/i3a9.
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Covid-19, a virus first identified in China, has since December 2019 wreaked its fair share of havoc across the globe. It has claimed hundreds of thousands of lives, with no continent spared. In March 2020, the World Health Organisation declared the virus a global pandemic and proceeded to call on states to take urgent measures to contain its spread. Governments across continents heeded the call by rolling out measures ranging from lockdowns to regulations giving effect to the measures adopted. On 15 March 2020, South Africa declared a state of national disaster and days later, a national lockdown in response to the Covid-19 pandemic. This lockdown was followed by regulations, all geared towards containing the further spread of this virus. Criminal law came into play in dealing with the violators of the Covid-19 Regulations and while these measures were well-intentioned, multiple issues have hardly been examined from a criminal law perspective. The purpose of this article is to demonstrate the limitation of criminalisation as a response to health issues. The article does this by engaging with previous failed attempts to rely on criminalisation to address public health issues; underscoring the effect that some of the regulations have on the criminal law principle of legality and bringing to the fore the unintended consequence of criminalising poverty in a society that is already unequal. In engaging with these three themes, the analysis provides a context through which Covid-19-related criminalisation should be viewed and affords reasons why the criminalisation approach is counterproductive and should not be considered in dealing with future pandemics. The conclusions drawn are instructive to other countries in light of the fact that criminalisation in the wake of the Covid-19 pandemic was not unique to South Africa.
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Geghamyan, Sophya, and Katarina Pavlickova. "Does the Current State of Environmental Impact Assessment in Armenia Pose a Challenge for the Future?" Journal of Environmental Assessment Policy and Management 21, no. 02 (June 2019): 1950004. http://dx.doi.org/10.1142/s1464333219500042.
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Many post-Soviet countries are still improving their Environmental Impact Assessment (EIA) systems, and Armenia is no exception. In recent years, approximation to and harmonisation with the laws of the European Union has seen Armenia increasingly adopt and apply EU regulations and directives, and this process was supported by adoption of the new law on EIA and Expertise in 2014. The main objectives of this study are to review and analyse the current state of the Armenian EIA system and to assess its legal framework. We applied a method divided into two parts: review and analysis of the legislative aspects of the EIA system in Armenia and the circulation of a survey-questionnaire to EIA experts to establish current practices. The findings of this research provided positive and negative factors which can both be used to improve the assessment system in Armenia. While the most significant EIA strength combines the existence of a systematic law and public involvement in this process, the law has weaknesses in its monitoring, informative and quality control provisions. Moreover, public participation has many weaknesses in practice, including the definition of stakeholders and the lack of guidelines and manuals which challenges expert action. Finally, this paper has explored the major positives and negatives of the Armenian EIA system in practice, and we consider that this should help other Former Soviet Union (FSU) countries define and combat the challenges of their EIA systems.
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Paccagnan, Vania. "The Re-use of Urban Brownfields in Europe: A Law and Economics Analysis." SCIENZE REGIONALI, no. 3 (October 2011): 9–28. http://dx.doi.org/10.3280/scre2011-003002.
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Brownfield re-use is considered a fundamental action with which to decrease the demand for land. Before being re-used, contaminated brownfield must be reclaimed so as to attain a level of environmental quality suitable for future use. In this regard, regulatory and economic instruments influence the degree and effectiveness of clean-up interventions. The paper has two aims. The first is to clarify how environmental regulation affects brownfield re-use. The second is to review the principal policy instruments adopted in selected European countries to boost brownfield clean-up and re-use. An overall assessment of existing instruments is given in the conclusions.
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Portugal Bueno, Mª del Carmen. "El derecho premial civil de las comunidades autónomas: análisis de los reglamentos de honores y distinciones vigentes / The autonomous communities premier civil law: analysis of honors and distinctions in force´s regulations." REVISTA ESTUDIOS INSTITUCIONALES 4, no. 6 (June 7, 2017): 49. http://dx.doi.org/10.5944/eeii.vol.4.n.6.2017.18818.
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La Investigación y análisis del derecho premial civil en las comunidades autónomas nos ha proporcionado una visión de la realidad actual del protocolo referente a los honores y distinciones.El estudio de las diecisiete entidades locales, tanto de su gobierno como de su parlamento, ha dibujado un marco normativo que se inicia en el año 1981 y finaliza en el 2015. Se trata de un conjunto de leyes, decretos y resoluciones que viene provocado por, según Francisco García-Mercadal, «una irreflexiva incontinencia normativa, a una desenfrenada carrera por innovar en estos asuntos ceremoniales y protocolarios, invocando el derecho de autorregulación y so pretexto de que no se trata de competencias privativas del Estado», (García-Mercadal y garcía-loygorri, 2016: 2).A pesar de esta situación compleja, la investigación de las fuentes primarias nos ha llevado a descubrir unas características comunes que se producen en los honores y distinciones de las comunidades autónomas. Y a su vez, hemos descubierto que existen otras distinciones de carácter exclusivo y singular de las entidades locales en cuestión, tanto en sus gobiernos como parlamentos, y que responden a la identidad y tradición del territorio.En este trabajo vamos a dar a conocer las similitudes existentes en los reglamentos de honores y distinciones de las comunidades autónomas, considerándolas como punto de partida y de base de este tipo de reglamento, y para que sirva como precedente a la redacción de futuros reglamentos.____________________________The civil premier law´s research and analysis in the autonomous communities has provided us with a vision of protocol concerning honors and distinctions´current reality.The study of the seventeen local entities, both of its government and of its parliament, has drawn up a normative framework that begins in 1981 and ends in 2015. It is a set of laws, decrees and resolutions that is caused by , According to Francisco García-Mercadal, «an unreflective normative incontinence, an unbridled race to innovate in these ceremonial and protocolary matters, invoking the right of self-regulation and on the pretext that it is not a privative powers of the State´matter» (Garcia-Mercadal y garcía-loygorri , 2016: 2).In spite of this complex situation, the primary sources´investigation has led us to discover some common characteristics that occur in the autonomous communities´ honors and distinctions. And in turn, we have discovered that there are other distinctions of an exclusive and unique local entities´character in question, both in their governments and parliaments, and that they respond to the identity and territory´s tradition.In this paper we are going to make known the similarities existing in the autonomous communities´ regulations of honor and distinctions, considering them as starting point and base of this type of regulation, and to serve as a precedent for the future regulations´drafting.
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Rodríguez-Prieto, Alvaro, Ana María Camacho, Carlos Mendoza, John Kickhofel, and Guglielmo Lomonaco. "Evolution of Standardized Specifications on Materials, Manufacturing and In-Service Inspection of Nuclear Reactor Vessels." Sustainability 13, no. 19 (September 22, 2021): 10510. http://dx.doi.org/10.3390/su131910510.
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The cataloguing and revision of reactor pressure vessels (RPV) manufacturing and in-service inspection codes and their standardized material specifications—as a technical heritage—are essential for understanding the historical evolution of criteria and for enabling the comparison of the various national regulations, integrating the most relevant results from the scientific research. The analysis of the development of documents including standardized requirements and the comparison of regulations is crucial to be able to implement learned lessons and comprehend the progress of increasingly stringent safety criteria, contributing to sustainable nuclear power generation in the future. A novel methodology is presented in this work where a thorough review of the regulations and technical codes for the manufacture and in-service inspection of RPVs, considering the implementation of scientific advances, is performed. In addition, an analysis focused on the differences between irradiation embrittlement prediction models and acceptance criteria for detected defects (both during manufacturing and in-service inspection) described by the different technical codes as required by different national regulations such as American, German, French or Russian is performed. The most stringent materials requirements for RPV manufacturing are provided by the American and German codes. The French code is the most stringent with respect to the reference defect size using as a criterion in the in-service inspection.
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Desantes, J. M., J. V. Pastor, J. Arre`gle, and S. A. Molina. "Analysis of the Combustion Process in a EURO III Heavy-Duty Direct Injection Diesel Engine." Journal of Engineering for Gas Turbines and Power 124, no. 3 (June 19, 2002): 636–44. http://dx.doi.org/10.1115/1.1456460.
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To fulfill the commitments of future pollutant regulations, current development of direct injection (DI) Diesel engines requires to improve knowledge on the injection/combustion process and the effect of the injection parameters and engine operation conditions upon the spray and flame characteristics and how they affect engine performance and pollutant emissions. In order to improve comprehension of the phenomena inherent to Diesel combustion, a deep experimental study has been performed in a single-cylinder engine with the main characteristics of a six-cylinder engine passing the EURO III legislation. Some representative points of the 13-mode engine test cycle have been considered modifying the nominal values of injection pressure, injection load, intake pressure, engine speed, and injection timing. The study combines performance and emissions experimental measurements together with heat release law (HRL) analysis and high-speed visualization. Controlling parameters for BSFC, NOx, and soot emissions are identified in the last part of the paper.
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Martínez García, Mari Carmen. "Bases conceptuales para la construcción de un modelo de ceremonial oficial para la toma de posesión de los alcaldes en España | Conceptual bases for the construction of an official ceremonial model for the inauguration of mayors in Spain." REVISTA ESTUDIOS INSTITUCIONALES 6, no. 10 (May 31, 2019): 189. http://dx.doi.org/10.5944/eeii.vol.6.n.10.2019.23212.
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La toma de posesión de los alcaldes exalta la primera legitimación pública del poder municipal mediante la puesta en escena de la de las sesiones constitutivas de los ayuntamientos. En España no existe una normativa general que reúna las reglas o recomendaciones protocolarias en las que los ayuntamientos puedan construir la base del ceremonial de estos actos oficiales.Bajo esta premisa, esta investigación realiza una aproximación sobre cuáles son las pautas de protocolo y ceremonial que se implementan las sesiones constitutivas de administraciones locales partiendo del estudio de caso de los reglamentos de protocolo de los ayuntamientos de más de 15.000 habitantes, según INE 2016.A partir de este análisis de contenido de las variables recogidas en estos reglamentos, se propone un modelo conceptual que podría marcar las bases del ceremonial en la toma de posesión consistorial para el futuro desarrollo de manuales, reglamentos o propuestas legislativas._______________________The inauguration of the mayors represents the first public legitimation of municipal power through the staging of the constitutive sessions of the town councils. In Spain, there is no general regulation that gathers the rules or protocol recommendations in which town councils can build the basis for the ceremonial of these official acts.Under this premise, this research carries out an approximation on which are the protocol and ceremonial guidelines that are implemented by the constitutive sessions of local administrations starting from the case study of the protocol regulations of the town councils of more than 15,000 inhabitants, according to INE 2016.Based on this analysis of the content of the variables included in these regulations, a conceptual model is proposed that could mark the bases of the ceremonial inauguration for the future development of manuals, regulations or legislative proposals
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Назарова, Анна, and Anna Nazarova. "COMPARATIVE ANALYSIS OF THE HISTORY OF DEVELOPMENT OF THE MARRIAGE IN FACT INSTITUTE IN RUSSIA AND THE USA." Journal of Foreign Legislation and Comparative Law 1, no. 6 (February 7, 2016): 0. http://dx.doi.org/10.12737/17111.
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This article is devoted to the comparative analysis of the history of development of the marriage in fact Institute in Russia and the USA. The purpose of the analysis of the development of the marriage in fact Institute is conditioned by the increase in the number of marriages in fact at the present time. The results of the National population census in 2010 showed that 13,2% of the adult population are in de facto marriages. Historical analysis allows studying the experience of the actual development of the marriage in fact institution in the past and gives the opportunity to predict the development of this Institute in future. In order to obtain the best results of the investigation, the author uses a comparative law method that allows considering the experience of not only Russia, but also foreign countries. In the article the author examines the causes and approaches to legal recognition and regulation of de facto relations in different historical periods. As a result of the conducted research the author concludes that the original form of marriage was simple cohabitation of men and women. Legal marriage appeared when the state introduced regulations for marriage registration. At the same time in certain historical periods the cohabitation of men and women had legal value due to the social need that had arisen in the society. Based on the above, there are prerequisites for legal recognition of marriages in fact in future, since in 1926 registration of a much smaller number of marriages in fact (7%) resulted in the fact that RSFSR recognized the rights of de facto spouses similar to legal spouses.
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Rammeloo, Stephan. "‘From Rome to Rome’ – Cross-border employment contract. European Private International Law: Intertemporal law and foreign overriding mandatory laws." Maastricht Journal of European and Comparative Law 24, no. 2 (April 2017): 298–322. http://dx.doi.org/10.1177/1023263x17709754.
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To what extent are Greek saving laws, resulting in payment cuts in the public sector (that is employment conditions), capable of overriding the applicable (German) law? A dispute arising from an employment relationship between the Greek Republic and an employee habitually carrying out work in Germany, gave rise to preliminary questions having regard to the temporal scope of EU Regulation No. 593/2008 (the ‘Rome I Regulation’)1 and, closely related thereto, the functional reach of Article 9(3) of that Regulation in respect of ‘foreign’ mandatory laws, in light of the principle of sincere cooperation enshrined in Article 4(3) TEU. An analysis of the Advocate General’s Opinion and the Court of Justice of the European Union’s (CJEU) ruling is followed by critical commentary and suggestions for future EU legislative amendments to the Rome I regime.
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Mitropoulos, Lambros, Annie Kortsari, Alexandros Koliatos, and Georgia Ayfantopoulou. "The Hyperloop System and Stakeholders: A Review and Future Directions." Sustainability 13, no. 15 (July 28, 2021): 8430. http://dx.doi.org/10.3390/su13158430.
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The hyperloop is an innovative land transport mode for passengers and freight that travels at ultra-high speeds. Lately, different stakeholders have been engaged in the research and development of hyperloop components. The novelty of the hyperloop necessitates certain directions to be followed toward the development and testing of its technological components as well the formation of regulations and planning processes. In this paper, we conduct a comprehensive literature review of hyperloop publications to record the current state of progress of hyperloop components, including the pod, the infrastructure, and the communication system, and identify involved EU stakeholders. Blending this information results in future directions. An online search of English-based publications was performed to finally consider 107 studies on the hyperloop and identify 81 stakeholders in the EU. The analysis shows that the hyperloop-related activities are almost equally distributed between Europe (39%) and Asia (38%), and the majority of EU stakeholders are located in Spain (26%) and Germany (20%), work on the traction of the pod (37%) and the tube (28%), and study impacts including safety (35%), energy (33%), and cost (30%). Existing tube systems and testing facilities for the hyperloop lack full-scale tracks, which creates a hurdle for the testing and development of the hyperloop system. The presented analysis and findings provide a holistic assessment of the hyperloop system and its stakeholders and suggest future directions to develop a successful transport system.
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Urpelainen, Johannes. "Promoting International Environmental Cooperation Through Unilateral Action: When Can Trade Sanctions Help?" Global Environmental Politics 13, no. 2 (May 2013): 26–45. http://dx.doi.org/10.1162/glep_a_00165.
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International environmental cooperation is difficult because states disagree on burden sharing and have incentives to free ride. However, interested countries can promote future cooperation through unilateral action that induces technological change in and, thereby, shapes the preferences of foreign countries. How can the effectiveness of such unilateral action be improved? This article offers a game-theoretic analysis of the value of combining unilateral action with trade sanctions, or policies that force foreign exporters to comply with domestic environmental regulations. Trade sanctions can significantly improve the effectiveness of unilateral action, but only when (1) they induce clean technology adoption by exporters in targeted countries and (2) this reduces the cost of clean technology elsewhere in the economy through intersectoral technology spillovers.
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Ryzhkova, S. M., and V. M. Kruchinina. "State regulations the market of fertilizers in Russia." Proceedings of the Voronezh State University of Engineering Technologies 83, no. 1 (June 3, 2021): 410–20. http://dx.doi.org/10.20914/2310-1202-2021-1-410-420.
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The international fertilizer market developing dynamically. Domestic producers of fertilizers are not only the largest exporters of these products to world markets, but also almost completely meet the demand in the domestic market. Following the provisions of sustainable development, the state regulation of the fertilizer market should determine and guarantee the safety of the production, transportation, storage and use of fertilizers for both humans and the environment. The purpose of the study is to study and systematize a set of regulatory documents regulating the market of fertilizers, taking into account the domestic and foreign trade interests of Russia, comparing domestic and foreign legislation on the studied problem. For this purpose, classical methods and economic methods of research were chosen: analysis and synthesis, deduction and induction. The law of direct action regulating the turnover of fertilizers has not been adopted in Russia, although such laws are applied in a number of countries, and they are aimed at regulating the chain of passage of fertilizers from the producer to the consumer. The structure of Russian fertilizer legislation is not linear. At the same time, the Russian system of state regulation of fertilizer turnover includes numerous and diverse regulatory and legal acts, including international ones. The analysis of the existing regulatory documents on the regulation of the fertilizer market revealed the need to harmonize legislation in terms of an integrated approach and taking into account intersectoral features: the agricultural sector unites both large and small, and medium-sized participants, while the production of fertilizers is monopolized. The development of the domestic fertilizer market is constrained by the multi-vector standards laid down in the development strategies of the agricultural sector and the chemical industry. The state policy of fertilizer circulation is characterized by inconsistency and incoherent sectoral legislation, the lack of necessary coordination of the regulation of the fertilizer market with the needs of domestic agriculture. It is necessary to introduce the concepts of new types of fertilizers in the national standards in the near future, as well as to launch public-private partnership mechanisms to saturate the domestic market with new innovative fertilizers.
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Deng, Xiang, and Li Li. "Promoting or Inhibiting? The Impact of Environmental Regulation on Corporate Financial Performance—An Empirical Analysis Based on China." International Journal of Environmental Research and Public Health 17, no. 11 (May 28, 2020): 3828. http://dx.doi.org/10.3390/ijerph17113828.
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Today, environmental protection has become a global issue, and various environmental regulations have been actively adopted. However, are these measures promoting or harming enterprise values? Is this effect the same for enterprises with different ownership backgrounds? In order to address these problems, we conducted an empirical analysis of China’s A-share market to investigate the relationship between the New Environmental Protection Law (NEPL) launched in China and corporate financial performance, and further explore the impact of environmental supervision intensity (ESI) from the perspective of ownership. The empirical results show that there is a negative correlation between NEPL and the financial performance of high pollution enterprises. Further analysis demonstrates that there is an inverted U-shape relationship between ESI and corporate financial performance for both state-owned enterprises (SOEs) and non-state-owned enterprises (non-SOEs), while the financial performance of SOEs is more sensitive and tolerant to environmental regulation than that of non-SOEs. Finally, we make recommendations for the future direction of China’s ecological civilization construction and sustainable development of enterprises based on three aspects: environmental awareness, policy considerations, and sustainable development. The innovation of this paper lies in putting NEPL and corporate financial performance in the same analytical framework for the first time, which enriches the research in this field. Meanwhile, it provides a new perspective for understanding the relationship between ESI and corporate financial performance through the analysis of nonlinearity and owner heterogeneity.