To see the other types of publications on this topic, follow the link: Comprehensive legal framework.
Journal articles on the topic 'Comprehensive legal framework'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 50 journal articles for your research on the topic 'Comprehensive legal framework.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse journal articles on a wide variety of disciplines and organise your bibliography correctly.
1
Zhou, Gideon. "Public Administration in Zimbabwe a Framework Approach." Journal of Public Administration and Governance 2, no. 2 (July 3, 2013): 132. http://dx.doi.org/10.5296/jpag.v2i2.2045.
Full textAbstract:
Public administration is the bedrock of every government; the central instrument through which national policies and programs are implemented. However, its effectiveness largely depends on how its frameworks are constituted. This article examines the frameworks of public administration in Zimbabwe-interrogating the extent to which they provide enabling contexts for best practices of public administration. Research findings point to frameworks that are stressed at both the legal and institutional level. Thirty years down the line, a stable constitutional framework is yet to be established. While the institutional framework is fairly comprehensive and generally comparable with regional trends, its operational framework is largely emaciated in terms of autonomy and resource base. The framework of public administration needs reconfiguration and strengthening at both the legal and institutional level.
2
Bocharov, G. G. "The Framework for Comprehensive Forensic Study of Phaleristic Items." Theory and Practice of Forensic Science 16, no. 1 (April 23, 2021): 47–53. http://dx.doi.org/10.30764/1819-2785-2021-1-47-53.
Full textAbstract:
The article substantiates the need for a comprehensive forensic examination of phaleristic items – orders, medals, and other badges of distinction involved in the sphere of legal proceedings on criminal, civil, arbitration cases, and cases of administrative offenses. The article notes the features of forensic research of state awards of the RSFSR, the USSR, and the Russian Federation, which result from their specific legal status and normatively fixed manufacturing enterprises.The legitimacy of using the concept of “authenticity” in forensic experts’ conclusions concerning state awards and other subjects of phaleristics has been substantiated. The question of authenticity is crucial and, at the same time, one of the most challenging questions in the research of phaleristic items. Its solution requires assessing all the item’s basic properties and, in many cases, the study of a significant amount of reference and historical material.The features of the use of specialized knowledge of history, forensic traceology, forensic examination of materials, substances, and products, forensic merchandising examination, forensic technical examination of documents in the course of phaleristic objects’ forensic study are analyzed. The author provides methodological recommendations for determining the sequence of conducting various types of research, formulating conclusions based on the results of a comprehensive study, and drawing up expert opinions.
3
Kholopova, E. N. "Comprehensive characterization of biological terrorism." Legal Science in China and Russia, no. 4 (September 16, 2021): 180–84. http://dx.doi.org/10.17803/2587-9723.2021.4.180-184.
Full textAbstract:
. The article considers the complex characterization of biological terrorism as a special dangerous phenomenon, a threat to the national security of states, a crime of an international nature, a destructive mechanism that affects the change and reformatting of public relations. The complex characteristic integrates knowledge from many branches of science, includes the following elements: criminal law, criminology, criminology, and others, which are interrelated and determine measures to ensure the national security of states in the event of possible unauthorized use of biological agents. The study was supported by the Russian Foundation for Basic Research in the framework of the project “Ethical and Legal Principles of Genomic Research: Limits of interference in human rights”, RFBR project No. 18-29-14015/20.The study was supported by the Russian Foundation for Basic Research in the framework of the project “Ethical and Legal Principles of Genomic Research: Limits of interference in human rights”, RFBR project No. 18-29-14015/20.
4
VAN KREIJ, Laurens. "Towards a Comprehensive Framework for Understanding EU Enforcement Regimes." European Journal of Risk Regulation 10, no. 3 (September 2019): 439–57. http://dx.doi.org/10.1017/err.2019.52.
Full textAbstract:
Next to Member States, European Union (EU) level organisations have come to play a larger role in enforcement in the EU during the last two decades. Analysing the roles of Member States, networks of national authorities and EU agencies in this stage of the policy cycle through multiple academic lenses could lead to a more comprehensive understanding and assessment of their design. This article sets elementary steps towards a framework that brings together prominent theoretical insights from the legal and political disciplines, to discuss their combined leverage for understanding the EU legislator's choice for these enforcement regimes.
5
Prasad M, Deva, and Suchithra Menon C. "The Personal Data Protection Bill, 2018: India’s regulatory journey towards a comprehensive data protection law." International Journal of Law and Information Technology 28, no. 1 (2020): 1–19. http://dx.doi.org/10.1093/ijlit/eaaa003.
Full textAbstract:
Abstract This article analyses the relevance of Personal Data Protection Bill, 2018 for developing a data protection legal framework in India. In this regard, the article attempts to analyse the evolution process of comprehensive personal data protection law in the Indian context. The manner in which the Personal Data Protection Bill, 2018 will revamp and strengthen the existing data protection regulatory framework forms the major edifice of this article. The article also dwells on the significant role played by the fundamental right to privacy judgment (Justice K.S. Puttaswamy v Union of India) of Supreme Court of India, thus preparing the regulatory ground for the evolution of the Personal Data Protection Bill, 2018. The influence of the European Union General Data Protection Regulation in shaping the Indian legal framework is highlighted. The article also discusses pertinent legal concerns that could question the effectiveness of the proposed data protection legal framework in the Indian context.
6
M. A., Marchenko. "Methodological framework of the legal category «human dignity»." Almanac of law: The role of legal doctrine in ensuring of human rights 11, no. 11 (August 2020): 155–61. http://dx.doi.org/10.33663/2524-017x-2020-11-28.
Full textAbstract:
Today, having overcome painful and thorny way, legal awareness achieved certain victories and continues steadily moving towards the direction prescribed by the European values. However, the issue of fundamental human rights and liberties protection, including human dignity, becomes even more relevant. Threats and challenges daily faced by the whole nationalities, certain social groups of various countries, ethnic communities etc. induce them to seek answers, mechanisms and protection techniques in the legal sphere. For this reason, the issues of legal research methodology improvement, i.e. modernization of the scientific arsenal aimed at scientific and educational activities’ optimization, are of paramount importance. This article covers one of the overriding problems that are represented in contemporary scientific legal studies, more specifically, methodological framework of scientific and educational activities. Specific features of any legal phenomenon or category, like human dignity, sometimes require unique cognition methods to be intelligently selected by a researcher intending to achieve scientific objectives that were clearly defined previously. Correctness of choice of scientific practices and ways of developing “the truth of science” is a core component in solving scientific research problems. The article points up that in the comprehensive study of such legal category as human dignity, addressing universal (philosophical) approaches, general scientific and specific (specific scientific) methods is of vital importance. However, it is emphasized that diversity of research methods should not develop into methodical ignorance and anarchism as the application of any given method should meet specific scientific problems. At the same time, application of various scientifically grounded methods as part of study of the legal category of “human dignity” contributes to more comprehensive understanding of the legal category in question as an integral part of the ideological content of any legal system in the democratic society where the subjects endowed with rights and obligations have a chance to implement them in clearly defined legal relations. The author specifies the sense of application of philosophical approaches when studying the legal category of “dignity” indicating that such approaches should be made more specific by combination of general scientific and specific scientific methods. Keywords: legal sphere, rights and liberties, human dignity, approaches, methods.
7
Ab Hamid, Nor ‘Adha, Ahmad Yani Ismail, and Tuan Nurhafiza Raja Abdul Aziz. "REGULATORY FRAMEWORK AND LEGAL CHALLENGES IN DIGITALIZATION OF ISLAMIC FINANCE." International Journal of Law, Government and Communication 6, no. 24 (June 15, 2021): 59–75. http://dx.doi.org/10.35631/ijlgc.624004.
Full textAbstract:
This article analyses regulatory and legal challenges that may subsist in Malaysia’s Islamic Finance digitalization moves. The country’s finance industry regulators have been proactive in digitalizing the dual finance industry. The regulators have announced relevant frameworks since 2016 to support and spur digitalization development. This investigation employs a qualitative research method to achieve the objective. Despite bold initiatives, the authors argued the issues require comprehensive attention by the regulatory authorities. Past researchers have identified the issues. In this research, the authors expand the discussions on the identified issues.
8
Suranova, Tatyana G., and V. V. Nikiforov. "The state of regulatory legal framework for the classification of biological threats." Epidemiology and Infectious Diseases 21, no. 4 (August 15, 2016): 188–95. http://dx.doi.org/10.17816/eid40903.
Full textAbstract:
Recognition of the globality of biological hazard problems put forward a new task for health professionals - the creation of a system ofprotection based on the continuous comprehensive monitoring of real and potential biological threats. The article is devoted to the classification of biological threats.
9
Zirkel, Perry A. "Legal Developments for Students With Dyslexia." Learning Disability Quarterly 43, no. 3 (July 25, 2020): 127–39. http://dx.doi.org/10.1177/0731948720931538.
Full textAbstract:
This article provides a current, comprehensive, and concise overview of the law specific to students with dyslexia in K–12 schools. It consists of (a) an overview of the applicable legal framework, which includes the federal foundation in the Individuals with Disabilities Education Act and Section 504 of the Rehabilitation Act, (b) a compact tabulation of the state dyslexia laws that fits within this overall framework, and (c) a summary of a representative sample of court decisions specific to the identification of and interventions for students with dyslexia. The discussion identifies the legal lessons of the applicable state laws and court decisions within the overall limitations of law and suggests illustrative areas for follow-up research.
10
Momotov, V. V. "Bioethics in the Context of Legislative Framework and Law Enforcement (Euthanasia)." Lex Russica, no. 10 (October 24, 2019): 9–15. http://dx.doi.org/10.17803/1729-5920.2019.155.10.009-015.
Full textAbstract:
The article is devoted to one the most acute issues of bioethics, namely, the issues of legal approaches to euthanasia. The institute of euthanasia is commonly investigated in ethical and philosophical contexts. However, there is no any comprehensive legal research of the issue under consideration. Due to the fact that the Russian Federation public order prohibits euthanasia, the study is based on comparative analysis of legal and historical resources, as well as case law of the European Court of Human Rights. The author represents the general historical review of development of approaches to the institute of euthanasia.
11
Ghaffari, Kimia, Mohammad Lagzian, Mostafa Kazemi, and Gholamreza Malekzadeh. "A comprehensive framework for Internet of Things development." Journal of Enterprise Information Management 33, no. 1 (November 13, 2019): 23–50. http://dx.doi.org/10.1108/jeim-02-2019-0060.
Full textAbstract:
Purpose Despite the availability of prior studies on the Internet of Things (IoT) development, they have largely focused on challenges associated with evolving IoT. Hence, identifying requirements for IoT development, as a multifaceted phenomenon, whereby the challenges would be tackled remains a less-explored valuable line of inquiry. The purpose of this paper is to present a holistic view of crucial building blocks of IoT development, in order to fill this gap. Design/methodology/approach This paper conducts empirical research using a grounded theory (GT), centering on semi-structured interviews with 25 experts involved in the Iranian IoT development effort. Data were analyzed by using MAXQDA software. Findings This study presents a conceptual framework of requirements for IoT development, consisting of 14 concepts and 5 categories. The findings reveal that strategic, interactive, institutional, market-oriented and information and communication technology (ICT) infrastructure requirements play a salient role in facilitating IoT development. Practical implications The findings of this study shed some light on the momentous aspects of IoT development. Practitioners including governmental policymakers, industry and private sectors could benefit from the policy recommendations offered in this study in terms of strategic viewpoint, legal issues, business perspective and technological readiness. Originality/value From the methodological aspect, the present research is among the first studies on utilizing GT for exploration of requirements for IoT development. From the theoretical perspective, a remarkable achievement of this study is to profoundly discover some less-explored concepts of IoT development such as commercialization, feasibility study, futurology and institutional aspects. Furthermore, findings of this study highlight the contribution of innovation systems theory for the IoT development area in terms of alignment of the emerged requirements for IoT development with the functions of this theory.
12
Alvis, K., and D. Angarita. "Comprehensive rehabilitation: a content analysis of Colombian legal framework to support the disabled population." Physiotherapy 101 (May 2015): e66. http://dx.doi.org/10.1016/j.physio.2015.03.189.
Full text
13
Alam, Md Wahidul, and Xu Xiangmin. "Marine Pollution Prevention in Bangladesh: A Way Forward for Implement Comprehensive National Legal Framework." Thalassas: An International Journal of Marine Sciences 35, no. 1 (April 12, 2018): 17–27. http://dx.doi.org/10.1007/s41208-018-0078-x.
Full text
14
Reddy, K. Srinivasa. "Regulatory framework of mergers and acquisitions." International Journal of Law and Management 58, no. 2 (March 14, 2016): 197–215. http://dx.doi.org/10.1108/ijlma-03-2015-0013.
Full textAbstract:
Purpose – The purpose of this paper is to present various institutional laws that refer to mergers and acquisitions (M & As) in India and recommend a few guidelines for institutions and multinational managers participating in foreign investment and acquisition deals. Design/methodology/approach – The study is intended to review, summarize and discuss the legal framework that adheres to M & As, takeovers and foreign investment. Findings – Major observations from the comprehensive review include the fact that higher-valuation inbound deals have been delayed or have failed because of a weak financial infrastructure, erratic nature of government officials and political intervention, and the newly elected government has aimed to attract higher inflow of investments from other developed and emerging markets by easing investment rules and offering tax holidays. Research limitations/implications – This paper, indeed, reflects unseen empirical observation with regard to the characteristics of the market for acquisitions in the given country, which has been left to further research. Practical implications – The comprehensive review of acquisition laws in India and recommendations would help prospective stakeholders, namely, policymakers, M & A advisors, legal consultants, investment bankers, multinational managers and private equity firms. Originality/value – This study presents atypical work, which presents a review of M & A laws in India, and it recommends fruitful guidelines for institutions in general and managers in particular.
15
Lakin, Alison. "The Legal Powers of the World Health Organization." Medical Law International 3, no. 1 (September 1997): 23–49. http://dx.doi.org/10.1177/096853329700300102.
Full textAbstract:
Instigated in response to the United Nation's ‘global change’ policy, the World Health Organisation is currently under-going major internal reform. There are indications that serious consideration is being given to the role that the rule of law should play within the international health field and how this should impact upon the WHO. Such developments are crucial if the WHO is to continue to playa leading role as advocate for health within the existing international framework. This article begins by examining the available legal powers as provided in its constitution and considers the limited impact that these powers have had to-date within the Organisation. The recent investigation of a framework treaty system based on the ‘convention-protocol’ approach is an exciting but problematic development, although a more systematic and comprehensive approach to normative issues would certainly be appropriate. This would be an ideal opportunity to initiate a comprehensive legal approach around normative issues using the WHO's constitutive legal powers based on the right to health and under the auspices of a ‘Health Academy’.
16
Kud, Aleksandr Aleksandrovich. "Comprehensive сlassification of virtual assets." International Journal of Education and Science 4, no. 1 (March 30, 2021): 52–75. http://dx.doi.org/10.26697/ijes.2021.1.6.
Full textAbstract:
Background: One of the problems of the modern lawmakers in different countries is that they try to regulate an object before they study the nature of its origin, which, logically, entails many errors regarding its definition in the legal framework. The absence of unified definitions and clear classification of virtual assets as tools for implementing the methods of financial and management accounting of property according to their fundamental and unique features makes it nearly impossible to determine the features of virtual assets important for legal regulation and, therefore, to enshrine them in laws and establish a proper legal framework. The paper is dedicated to solving a relevant and cross-discipline scientific and applied task of developing a comprehensive multilevel classification of virtual assets. Unlike the few existing classifications that focus on parts of the virtual asset phenomenon and selective methods of its implementation, the paper proposes an all-encompassing comparison of all known types of virtual assets, which confirms the comprehensiveness of the classification proposed in this paper. Purpose: To develop and substantiate a comprehensive and multilevel classification of known types of virtual assets, which allows solving the cross-discipline scientific and applied task of systematizing virtual assets for future development of a single approach to regulating relations, the objects of which are different types of virtual assets. Materials and Methods: In order to study the nature of virtual assets and develop a comprehensive classification, a set of scientific research methods has been used: analysis, including cause and effect analysis, synthesis, comparison, generalization, systematization and interpretation of results and induction. Results: The author describes a triune nature of virtual assets: technological, economic and legal, information and applied. This classification of virtual assets will allow determining promising tools for accounting of property and rights. Unlike other known approaches to differentiating virtual assets, where crypto-assets (or cryptocurrencies) were unjustified “leaders”, the author has distinguished the group of tokenized assets for the first time. This particular group, due to its direct relation to property, allows performing accounting as well as reaccounting of property and rights in modern digital accounting systems – decentralized information platforms based on the distributed ledger technology (blockchain), whereas this accounting cannot be performed using crypto-assets due to absence of direct relation to property. Out of virtual assets, the author distinguishes a digital asset and analyzes the semantic features of the term “digital asset”. The digital asset is based on a unique information resource as the original asset and on the property of derivativeness from the real asset, which greatly differentiates it from other types of virtual assets. All of that allows considering it as an effective tool for implementing the methods of financial and management accounting of property. Thus, owners of digital assets can use the new way of accounting of their property and personal non-property rights. Based on the properties of a digital asset, the author distinguishes other types of virtual assets: polyasset and monoasset, with the relevant examples. The author provides the characteristics of their features and structural components while comparing them to the features of digital assets and giving clear and well-known financial and legal analogies regarding the implementation of mutual obligations between parties to a traditional deal. The paper also contains the first systematization of seven properties and parameters of a tokenized asset and, therefore, description of properties of three variations of a tokenized asset: monoasset, polyasset and digital asset. This allowed presenting the varieties of virtual assets as a three-level classification based on the complexity of the nature of virtual assets. The author’s classification distinguishes seven types of virtual assets and contains their description. Conclusions: Overall, the proposed approach to classification allows giving a scientific answer to the question of how to compare the multitude of known virtual assets and how to relate them to the legal framework of a state. These developments will be useful for legislators in basically every country, financial, tax and banking state bodies, as well as private companies when keeping books and performing accounting of virtual assets in their business activity.
17
Gaveika, Arturs. "THE REPUBLIC OF LATVIA WITHIN THE DIMENSIONAL FRAMEWORK OF INTERNATIONAL LEGAL SUBJECT." Latgale National Economy Research 1, no. 7 (October 21, 2015): 58. http://dx.doi.org/10.17770/lner2015vol1.7.1180.
Full textAbstract:
In operations of public administration, and especially law enforcement agencies, a particular understanding of the definition of national territory is necessary, especially having in mind the various sovereignty differentiation of national territory into sea areas and airspace, resulting from the modern international and European Union law and which would not be contrary to Article 3 of the Constitution generally determining the meaning of the Latvian State territory. Sometimes the national territory is understood as land or water surface. But setting national borders and border treaties and the national regulatory framework of the state border concept, states include the concept of national borders within their jurisdiction spread in space – technical capabilities of land and deep-water in depth and in airspace to the space limit. The main purpose of the research was to analyse the Latvian national framework of legal subject or international and national regulatory frameworks of territory and to offer a clearer and more comprehensive definition of the national territory. The author developed the dimensional framework definition of national territory in the result of research that would be necessary in the national regulatory framework in the context of national security and not in conflict with the international regulatory framework.
18
Shan, Wenhua, and Peng Wang. "The International Legal Framework for Belt and Road Energy Cooperation: Progress and Prospect." Journal of World Investment & Trade 20, no. 2-3 (May 14, 2019): 259–84. http://dx.doi.org/10.1163/22119000-12340131.
Full textAbstract:
Abstract This article surveys the existing international legal framework governing China’s energy cooperation with the Belt and Road countries at multilateral, regional and bilateral levels. A satisfying international legal framework should manage to balance the legal certainty and political acceptability needed for energy cooperation. We argue that political acceptability was the primary goal driving the current energy legal framework, providing basic rules for energy cooperation. However, these rules did not sufficiently legalize and institutionalize the investment environment. China should endeavor to promote a comprehensive Belt and Road Energy Framework on the basis of intra-network diversification. By increasing the redundancy of the energy network infrastructure and allowing countries to import and export energy via multiple routes, China can contribute to the achievement of a more secure energy market.
19
Jenkins, Victoria. "The legal response to safeguarding local environmental quality." Legal Studies 35, no. 4 (December 2015): 648–74. http://dx.doi.org/10.1111/lest.12088.
Full textAbstract:
Local environmental quality is best understood as a measure of the aesthetic complexion of public space in the urban environment. Anti‐social acts causing damage to the physical environment of local communities have, traditionally, attracted little moral opprobrium; and the role of local authorities in safeguarding local environmental quality has been undervalued. However, this is an issue that has been proven to have a significant impact on the quality of life of local communities, particularly those in deprived neighbourhoods. This paper argues, therefore, that we need to develop a comprehensive legal framework to safeguard local environmental quality in the future. This problem has so far been tackled as nuisance, local environmental crime or anti‐social behaviour. The paper concludes that an approach based on measures to tackle incivility in society is to be preferred; thus, the Anti‐social Behaviour, Crime and Policing Act 2014 will be particularly significant in this regard. However, some amendments to this legislation will be required to ensure its effective application to the problems of local environmental quality. Further measures should also be taken to support citizen participation and education as part of a comprehensive legal framework for safeguarding the local environment.
20
Tran, Thu Thi Hoai, and Louis De Koker. "Confiscation of proceeds of crime in Vietnam: improving the legal framework." Journal of Money Laundering Control 24, no. 2 (February 26, 2021): 215–33. http://dx.doi.org/10.1108/jmlc-11-2020-0123.
Full textAbstract:
Purpose The purpose of this paper is to analyze the Vietnamese laws and practices concerning the confiscation of proceeds of crime, especially in view of Vietnam’s obligations to meet the international standards on money laundering and terrorist financing, set by the Financial Action Task Force and relevant international conventions that Vietnam ratified. To limit the scope of this paper, the analysis focuses on the confiscation of proceeds of domestic crimes that do not require international legal assistance. This paper concludes with recommendations for improving the legal framework on criminal asset recovery in Vietnam. Design/methodology/approach This is a doctrinal study that considers the applicable legal framework. This study is supported by brief case studies of major cases involving the confiscation of proceeds of crime. Findings Vietnam has a functioning asset confiscation regime but gaps in the law, lack of financial investigation expertise and lack of focused investigative attention on asset preservation and confiscation are hampering its effectiveness. The key gaps can easily be closed with appropriate amendments to the law. These reforms should be combined with a dedicated skills development program to produce sufficient number of financial investigation experts and criminal asset management experts to support the regime. The training should extend to judicial officers to ensure an appropriate understanding of the asset confiscation law. Reforms such as these should follow on a comprehensive review of Vietnam’s law and practices relating to the confiscation and forfeiture of criminal assets. This review should extend to assets linked to the financing of terrorism and proliferation to ensure that Vietnam has a comprehensive regime to deal with criminal assets. Research limitations/implications This paper draws on publicly available information regarding the confiscation of proceeds of crime in Vietnam. Little data is available on asset confiscation and that prevents an in-depth assessment of the regime. Originality/value This paper highlights gaps in the current asset confiscation regime and proposes reforms and approaches that will ensure a more effective asset confiscation regime for Vietnam.
21
Xu, Yixin. "An Analysis of China’s Legal and Policy Framework for the Sustainability of Foreign Forest Carbon Projects." Climate Law 7, no. 2-3 (September 1, 2017): 150–84. http://dx.doi.org/10.1163/18786561-00702004.
Full textAbstract:
China’s policymakers regard forest carbon sequestration as one of the most cost-effective ways to combat climate change. Yet, scholars argue that foreign forest carbon projects in developing countries are environmentally and socially unsustainable. This paper explores China’s policy and legal framework for the sustainability of forest carbon projects that utilize international carbon-certification schemes. It finds that while China’s government has set ambitious climate goals for the forest sector, the applicable regulations are not comprehensively developed, and risks of unsustainability exist in practice. The government should undertake comprehensive institutional reform, including reform to establish implementation regulations for redd projects, adjust laws on forest and land to address climate risks, set up regulatory social-impact assessments, and create a greater demand for private forest sustainability assessments. 1
22
Woldemichael, Zelalem Shiferaw. "Prevention of Human Trafficking in Ethiopia: Assessing The Legal Framework." Hasanuddin Law Review 3, no. 3 (December 26, 2017): 208. http://dx.doi.org/10.20956/halrev.v3i3.1076.
Full textAbstract:
Recent findings have indicated that both in-country trafficking (trafficking of individuals from rural areas to relatively affluent towns and cities) and external trafficking (trafficking of individuals from a given country to foreign countries) are prevalent in Ethiopia. In 2012, the government acceded to the Protocol to Suppress and Punish Trafficking in Persons Especially Women and Children supplementing the United Nations Convention against Transnational Organized Crime (The UN Trafficking Protocol, here after). With a view to giving effect to the requirements of this instrument, the government passed in to law Proclamation No. 909/2015 (The Prevention and Suppression of Trafficking in Persons and Smuggling of Migrants Proclamation), which is the most comprehensive of all laws adopted in Ethiopia to deal with human trafficking. Taking in to account the fact that human trafficking is exacerbated by the absence of regulatory framework on the employment of Ethiopian nationals in foreign countries, the govern-ment has also brought in to practice Proclamation No. 923/2016 (Ethiopia’s Overseas Employment Proclamation). This article has examined whether the above-mentioned laws of Ethiopia comply with international standards in dealing with prevention strategies.
23
Ni, Jingyun, Rong Shao, Carolina Oi Lam Ung, Yitao Wang, Yuanjia Hu, and Yong Cai. "Valuation of Pharmaceutical Patents: A Comprehensive Analytical Framework Based on Technological, Commercial, and Legal Factors." Journal of Pharmaceutical Innovation 10, no. 3 (June 27, 2015): 281–85. http://dx.doi.org/10.1007/s12247-015-9225-6.
Full text
24
Siagian, Erwin Sondang. "Public-private partnerships in Indonesia: a comprehensive legal framework of significance to action and analysis." Asia Pacific Journal of Public Administration 39, no. 1 (January 2, 2017): 72–78. http://dx.doi.org/10.1080/0142159x.2017.1294395.
Full text
25
Ismoilov, Bekjon. "THE IMPORTANCE OF INTERNATIONAL DOCUMENTS IN THE EDUCATION OF PERSONS WITH DISABILITIES AND THEIR SOCIAL AND LEGAL ANALYSIS." JOURNAL OF LAW RESEARCH 6, no. 8 (August 30, 2021): 22–30. http://dx.doi.org/10.26739/2181-9130-2021-8-3.
Full textAbstract:
The article examines the conceptual significance of international legal norms representing the rights, freedoms and legitimate interests of persons with disabilities. In particular, a comprehensive analysis of the positive impact of UNinternational documents on the lives of people with disabilities is carried out. We know that the national legal framework and international legal norms have a special place inthe integration of people with disabilities into a healthy society. In particular, the organization of education for children and youth with disabilities in accordance with international standards will increase the effectiveness of education for people with disabilities. and also, the article analyzes in detail the types of education for children with special needs in accordance with the existing regulatory framewor
26
Tchoukou, Julie Ynès Ada. "A Conceptual Framework for Regulating Customary Law within Pluralistic African States: Reassessing Justice Sector Reforms for Reconciling Legal Traditions." Global Journal of Comparative Law 9, no. 2 (June 19, 2020): 245–70. http://dx.doi.org/10.1163/2211906x-00902004.
Full textAbstract:
Customary law and traditional institutions once constituted the comprehensive legal system regulating a wide spectrum of activities within African states. However, colonialism created a framework for the politics of legal dualism, which led to a process of transformation and shift in the nature of structures and practices of states. As such, now independent states are constantly trying to identify ways to sustain the cultural heritage reflected in customary laws and institutions, as they attempt to also function as modern democratic states. Scholars have highlighted the practical and structural changes that need to be made to ensure effective regulation of customary law. To this work, my paper provides a framework to supplement current judicial reforms within African states. I argue that for customary law to be effectively used as a mechanism for legal regulation within cultural communities, the current legal framework within African states needs to move beyond the idea of legal recognition and tolerance, to one that reconciles the complexities of different legal traditions.
27
Infantino, Marta, and Weiwei Wang. "Challenging Western Legal Orientalism." European Journal of Comparative Law and Governance 8, no. 1 (January 27, 2021): 46–85. http://dx.doi.org/10.1163/22134514-bja10011.
Full textAbstract:
Abstract In 2014 the Chinese State Council announced the establishment of a nationwide comprehensive social credit system. Western narratives often describe the initiative as a technologically enhanced tool of autocratic control for scoring people. Yet, as the paper aims to show, similar accounts are tainted by several misunderstandings which perpetuate Western orientalist postures towards Chinese law. For the purpose of comparatively assessing the Chinese social credit system, the paper analyses the pilot programs set up to monitor people and enterprises’ behaviour by twenty-eight Chinese cities. The analysis will demonstrate that these pilot programs rely on low-tech methodologies, have limited strings attached, and are based on a relatively transparent legal framework. From a comparative perspective, our findings suggest that Chinese cities’ experiments raise problems that are similar to those posed by measurement practices widely employed in the West.
28
Trofimik, A. G. "Legal Framework of the Mechanism for the Elimination of Judicial Errors in Germany: A Comparative Legal Aspect." Actual Problems of Russian Law 16, no. 3 (April 5, 2021): 124–32. http://dx.doi.org/10.17803/10.17803/1994-1471.2021.124.3.124-132.
Full textAbstract:
The paper examines the legally enshrined principles of material truth (§ 244 II StPO) and free assessment of evidence (§ 261 StPO), as well as the doctrinal requirement for a comprehensive, complete and objective study of the circumstances of a criminal case from the standpoint of the legal mechanism for identifying and eliminating (eliminating) judicial errors in criminal proceedings in Germany. The meaning and functions of the named concepts for criminal proceedings have been determined. The influence of the principle of material truth (Untersuchungsgrundsatz, Aufklärungspflicht) and the principle of free evaluation of evidence on law enforcement are analyzed. Based on the analysis of the universal regulatory framework of the elimination of judicial errors and the corresponding judicial practice, comparing the current legal regulation of Germany with the Soviet criminal process, the author formulates hypotheses on the possibility of returning to the domestic criminal procedural law of truth as a special legal structure that guarantees the quality of the investigation of the circumstances of the criminal case and ensuring uniform judicial practice.
29
KRAVCHENKO, R. "Improving the legal framework for counterintelligence support of the Armed Forces of Ukraine." INFORMATION AND LAW, no. 1(36) (March 11, 2021): 143–50. http://dx.doi.org/10.37750/2616-6798.2021.1(36).238321.
Full textAbstract:
A comprehensive approach to reforming the Security Service of Ukraine necessitates the preparation of amendments to regulations. The article, based on the analysis of the institutional capabilities of the military counterintelligence of the Security Service of Ukraine, proposes changes and additions to current legislation that expand the legal basis for counterintelligence support of the Armed Forces of Ukraine. Proposals to improve the legal regulation of the activities of military counterintelligence of the Security Service of Ukraine regulate organizational, social, personnel, logistical and other issues of it`s functioning.
30
Reamer, Frederic G. "Ethical and Legal Standards in Social Work: Consistency and Conflict." Families in Society: The Journal of Contemporary Social Services 86, no. 2 (April 2005): 163–69. http://dx.doi.org/10.1606/1044-3894.2237.
Full textAbstract:
Social workers frequently encounter circumstances involving ethical and legal issues. In many instances, relevant ethical and legal standards complement each other; however, in some circumstances, ethical and legal standards conflict. This article provides a comprehensive overview of the relationship between U.S. ethical and legal standards in social work. The author presents a conceptually based typology of 4 types of relationships between legal and ethical standards. Case examples are included. The author concludes with a decision-making framework designed to enhance social workers' constructive management of difficult decisions involving ethical and legal standards.
31
David, Vered Ben. "Legal education for social work students: Toward an interdisciplinary framework of teaching and practice." Social Work and Social Welfare 3, no. 1 (2021): 111–20. http://dx.doi.org/10.25082/swsw.2021.01.004.
Full textAbstract:
Since social work practice interfaces with the law in various ways, there is a need to integrate legal studies into social work education. Currently, social work curricula leave little room for basic legal education and, furthermore, there appears to be a general negative reaction to the law among social workers. This paper presents a comprehensive analysis of the importance of law to social work, and discusses aspects of the law that are particularly valuable to social work education and practice. We contend that it is vital to provide social work students with basic legal education in order to promote efficient social work practice and collaboration between the law and social work. We analyze inter-connections between social work and legal disciplines and discuss the challenges and benefits derived from combining the two disciplines. Key areas of legal education that should be addressed in order to educate future effective social work practitioners are also discussed. The discussion is based on our experience in providing legal education to social work students, our belief in the importance of law to social work, and our experience in the practice of both legal and social work.
32
Bekkin, Renat. "Islamic Insurance: National Features and Legal Regulation." Arab Law Quarterly 21, no. 1 (2007): 3–34. http://dx.doi.org/10.1163/026805507x197820.
Full textAbstract:
AbstractThe present paper studies Islamic insurance (takaful) as opposed to conventional one. The first part of the paper covers, among other things, such issues as nature and historic roots of Islamic insurance, early forms of Islamic insurance and narrates the disputes among Muslim scholars concerning the compatibility of insurance with Islamic Shariah. The second part deals with history and emergence of Islamic insurance in the modern financial market, as well as the practice of Islamic insurance in different countries. The third part discusses the feasibility of Islamic insurance in Russia in the current legal framework. The paper contains comprehensive glossary of related terms.
33
Bekkin, Renat. "Islamic Insurance: National Features and Legal Regulation." Arab Law Quarterly 21, no. 2 (2007): 109–34. http://dx.doi.org/10.1163/026805507x214415.
Full textAbstract:
AbstractThe present paper studies Islamic insurance (takaful) as opposed to conventional one. The first part of the paper covers, among other things, such issues as nature and historic roots of Islamic insurance, early forms of Islamic insurance and narrates the disputes among Muslim scholars concerning the compatibility of insurance with Islamic Shariah. The second part deals with history and emergence of Islamic insurance in the modern financial market, as well as the practice of Islamic insurance in different countries. The third part discusses the feasibility of Islamic insurance in Russia in the current legal framework. The paper contains comprehensive glossary of related terms.
34
PIRBUDAGOVA, Diana Shamilyevna, and Anzhelika Mikhailovna OMAROVA. "Formation of Mass Media Law in the Post-Soviet Russia: Constitutional Foundations and Stages." Journal of Advanced Research in Law and Economics 11, no. 2 (March 31, 2020): 524. http://dx.doi.org/10.14505/jarle.v11.2(48).24.
Full textAbstract:
Today, countries are developing new forms of interaction between state and mass media and expanding their regulatory frameworks. In several states, specific integrated institutes and legal sectors have been formed that regulate the legal status of mass media.
Since the early 1990s, the Russian Federation has been working on special rules governing the constitutional status of mass media. During this period, a comprehensive media institute formed in the framework of information law, which later transformed into mass media law. The evolution of this institute is of particular scientific interest, as Russia did not have any law on mass media until the end of the 20th century.
35
Strobeyko, Adam. "Space for Change: The ASAT Tests in Outer Space in Light of the UN Liability Convention." Polish Review of International and European Law 8, no. 1 (August 20, 2020): 91–102. http://dx.doi.org/10.21697/priel.2019.8.1.04.
Full textAbstract:
As space exploration is gathering pace, special care must be attributed to preserving outer space as a shared environment that can be explored freely by humankind. Currently, there exists no comprehensive legal framework regulating the use of conventional weapons in outer space. This has been made evident by repeated tests of anti-satellite weapons (ASATs) which took place in the XXI century and produced massive amounts of debris, possibly interfering with the rights of other states to explore space freely. This article examines the rules provided by the UN Liability Convention and their application to ASAT tests in outer space. The author reviews academic suggestions in the field and concludes that a multilateral and comprehensive legal framework needs to be established in order to guarantee unrestrained exploration of space.
36
Nägele, Thomas. "Registration requirements according to the TVTG (aka the Token Act/Blockchain Act)." Trusts & Trustees 26, no. 6 (July 1, 2020): 564–68. http://dx.doi.org/10.1093/tandt/ttaa029.
Full textAbstract:
Abstract The examination of the economic use of blockchain technology and the impact of the so-called token-based economy have enjoyed great popularity in Liechtenstein in recent years. The legal aspect of tokenized structures and assets was a major challenge for the legislator. In order to ensure a solid legal framework and legal certainty for entrepreneurs and users, the Liechtenstein parliament passed the Tokens and Trusted Technology Service Providers Act (“TVTG”). For the first time, a nation has regulated this emerging future market through comprehensive legislation and offers companies optimal framework conditions. The TVTG has been in force since 1 January 2020. This article seeks to outline the legal background for the registration requirements for Trustworthy Technology Service Providers.
37
Kosmii, Mykhailo, Vasyl Kasiianchuk, Ruslan Zhyrak, and Ivan Krykhovetskyi. "Legal framework for improvement of agroecology by cultivating jerusalem artichoke." Scientific and informational bulletin of Ivano-Frankivsk University of Law named after King Danylo Halytskyi, no. 9(21) (October 2, 2020): 59–66. http://dx.doi.org/10.33098/2078-6670.2020.9.21.59-66.
Full textAbstract:
The purpose of this paper is to analyze and research the legal mechanisms which make it possible to improve agroecology through the organization of cultivation of Jerusalem artichoke.Methodology. The methodology includes comprehensive analysis and generalization of available scientific, theoretical, practical and applied material and development of relevant conclusions and recommendations. During the research, the following methods of scientific cognition were used: dialectical, terminological, historical and legal, logical and normative, systemic and structural, functional, normative and dogmatic, generalization methods. Results. The process of analysis and research highlighted the possibilities of cultivating Jerusalem artichoke for improving agroecology, namely improving the ecological state of the atmosphere air and soil, preparing them for organic farming. The article contains examples of practical application of tubers of Jerusalem artichoke and herbage for the production of therapeutic and prophylactic products, alternative energy and highly efficient building materials. Scientific novelty. The study found that the authors summarized and systematized the levels of legal regulation in the field of using Jerusalem artichoke for improving agroecology, preparing soil for organic farming, in particular: the inter-sectoral level which covers the interaction of agricultural and environmental law in terms of cultivation and use of Jerusalem artichoke; the level of integrated environmental and legal regulation; level of individual resource (floristic) legal regulation; the level of environmental protection (anthropoprotection) legislation.Practical importance. The results of the study can be used in law-making and environmental protection activities related to issues of cultivating and using the Jerusalem artichoke as a means of improving agroecology.
38
Kurek, Justyna. "Legal Security Aspects of Online Search. Postulates de lege ferenda." Internal Security 11, no. 2 (February 17, 2020): 129–40. http://dx.doi.org/10.5604/01.3001.0013.8212.
Full textAbstract:
Classified online search of telecommunication systems with the use of spyware tools requires comprehensive regulation. On the one hand, it should ensure the balance between an effective legal framework for guaranteeing public security in the online environment and legal regulation, on the other hand — it should respect constitutional norms, in particular the right of the individual to protect privacy, the inviolability of the home and the protection of correspondence. Legal and political consent for such activities requires, however, the creation of institutional, material, legal and procedural guarantees.
39
Gawronska, Sylwia. "Organ trafficking and human trafficking for the purpose of organ removal, two international legal frameworks against illicit organ removal." New Journal of European Criminal Law 10, no. 3 (July 16, 2019): 268–86. http://dx.doi.org/10.1177/2032284419862387.
Full textAbstract:
Although illicit organ removal is not a new crime, globalisation and economic inequality, underpinned by shortages of organs, have amplified this problem to such an extent that governments are now urged to take comprehensive punitive measures. Some manifestations of illicit organ removal are already considered criminal offences under domestic transplant legislations and under the framework of human trafficking. At the same time, illicit organ removal has also been categorised as a form of organ trafficking by the Council of Europe Convention against Trafficking in Human Organs, which calls upon governments to establish as a criminal offence a broad range of illicit organ- and transplant-related activities. As the crime of illicit organ removal lies at the centre of both human trafficking and organ trafficking, questions arise as to the exact differences between the two frameworks, their overlaps and their legal consequences. This article aims to provide answers to those questions by conducting a comparative analysis of both legal frameworks in terms of their development, scope, criminal law provisions and implementation. This analysis is followed by an examination of their overlaps and the consequences of prosecuting under either framework. A set of recommendations is presented aimed at implementing both legal frameworks in a way that guarantees effective prosecution while maximising the protection of victims.
40
Bekkin, Renat. "Islamic Insurance: National Features and Legal Regulation." Arab Law Quarterly 21, no. 3 (2007): 251–68. http://dx.doi.org/10.1163/026805507x226809.
Full textAbstract:
The present paper studies Islamic insurance ( takaful ) as opposed to conventional one. The first part of the paper covers, among other things, such issues as the nature and historic roots of Islamic insurance and early forms of Islamic insurance and it narrates the disputes among Muslim scholars concerning the compatibility of insurance with Islamic Shariah. The second part deals with the history and emergence of Islamic insurance in the modern financial market, as well as the practice of Islamic insurance in different countries. The third part discusses the feasibility of Islamic insurance in Russia in the current legal framework. The paper contains a comprehensive glossary of related terms.
41
Mak, Chantal. "Mapping ‘wild zones’ of globalisation: on private actors and the rule of law." International Journal of Law in Context 17, no. 1 (March 2021): 107–13. http://dx.doi.org/10.1017/s1744552321000045.
Full textAbstract:
While private corporations have become increasingly influential in the global economy, a comprehensive legal framework for their activities is missing. Although international and regional legal instruments may govern some aspects of, for instance, international investments and the supply of goods and services, there is no overarching structure for assessing the impact of large-scale private projects. In the absence of such a comprehensive framework, specific rules of private law allow profit-seeking companies to expand their activities on an economic basis, mostly without having to heed social concerns (Pistor, 2019). This is particularly problematic insofar as multinational companies have obtained power to set the rules for their engagement with states, organisations and individuals, for instance in the form of transnational investment contracts. Given the fragmented nature of the legal sphere in which such contracts are elaborated and performed, those who face the harmful consequences of such investments may not be able to participate in decision-making processes. The contracts remain in ‘wild zones’ of globalisation (Fraser, 2014, p. 150), where powerful private companies rule.
42
Rutz*, Julia. "The Framework of the Right to Defence in Palestine: Legal Rationale and Practical Implementation." International Criminal Law Review 14, no. 6 (October 17, 2014): 1150–76. http://dx.doi.org/10.1163/15718123-01406006.
Full textAbstract:
Despite Palestine’s endeavour to seek full UN membership and herewith gain the support of the international community, strong tendencies towards violating basic fair trial principles can be observed on the ground. This article provides an in-depth exploration of the current Rule of Law building efforts in the occupied Palestinian Territories by an exemplary analysis of the status of the right to defence. The study examines the legal situation of the right to defence in Palestine and how those regulations are interpreted and applied in everyday practice. Considering recent developments of access to legal defence and legal aid on the UN and EU level, this article demonstrates the importance of granting comprehensive access to defence as part of the rule of law building efforts, and also underlines the necessity of its application during the early stages of criminal procedure.
43
Siljanovska Davkova, Gordana. "Legal and Institutional Framework of Local Self-Government in the Republic of Macedonia." Lex localis - Journal of Local Self-Government 7, no. 2 (September 8, 2009): 107–27. http://dx.doi.org/10.4335/76.
Full textAbstract:
In general, a comprehensive and well-designed local self-government will significantly improve community
management in the Republic of Macedonia. The increased competences and strengthening of the political culture of the population will result in a more active participation of citizens in local processes. An increase in the professional level of the executive and administrative bodies along with improved communication with a civil society will have a positive impact on the quality of municipal management. Decentralized approaches to local development can be a sustainable way to preserve multiculturalism in an ethnically and culturally diverse country. The outcome of the process will depend on the level of public engagement, accountability of local leaders, and transparency of procedures.
KEYWORDS: • local self-government • legal framework • municipality • decentralization • Macedonia
44
Moro Visconti, Roberto. "Improving Value for Money in Italian Project Finance." Managerial Finance 40, no. 11 (November 7, 2014): 1058–77. http://dx.doi.org/10.1108/mf-07-2013-0171.
Full textAbstract:
Purpose – The purpose of this paper is to detect how Value for Money (VfM) in Italian Project Finance (PF) investments can be enhanced and challenging criticalities minimized, with a synergistic interaction of macroeconomic, legal and institutional actions. Design/methodology/approach – Analysis of VfM quantitative key drivers, within a public-private partnership (PPP) framework with specific reference to a recession context, with infrastructural capital rationing implications. Empirical evidence is given by an Italian PF healthcare model, testing the impact of legal and macroeconomic changes. Findings – Deleverage, ignited by W-shaped recession, disinflates PPP investments, so forcing to innovative and penniless solutions. Unreliable and short-sighted legislation and consequent unfriendly business climate may frighten investors, so decreasing competition and VfM. Research limitations/implications – VfM sensitivity to macroeconomic and legal/institutional parameters is too wide and capriciously erratic to be comprehensively modeled. Tips for further research include pro-growth tax and budgetary policies, risk minimization issues and other synergistic targets. Practical implications – Guidance to regulators to fine tune legal and institutional tools, so as to create a stable, business friendly environment. Recessions may be softened by sensitive policymaking, or exacerbated by short-sighted ignorance and lack of strategic focus. Originality/value – Unprecedented analysis of legal and macroeconomic changes on VfM in Italian PF investments, with original tips for VfM optimization, in a comprehensive PPP framework.
45
Olivia, Denindah. "Legal Aspects of Artificial Intelligence on Automated Decision-Making in Indonesia." Lentera Hukum 7, no. 3 (November 23, 2020): 301. http://dx.doi.org/10.19184/ejlh.v7i3.18380.
Full textAbstract:
This paper analyzes the importance of Indonesia's comprehensive legal framework on automated decision-making empowered by Artificial Intelligence, comparing it to the European Union, the United States, and China. Specifically, this paper inquires about the status quo of the legal protection of automated decision-making In Indonesia. The analysis highlights profiling in an automated decision-making system with the following discussion about personal data protection. In this context, the European Union's member states set out the General Data Protection Regulation (GDPR) that prohibits automated decision-making to a certain extent. In the United States, the practice of automated decision-making is rather usual. Simultaneously, China takes an exceptional measure instead and develops this automation through a social credit system. The analysis concludes that Indonesia has weak legal protection towards personal data and profiling, which later becomes the basis in facilitating automated decision-making. The provision of automated decision-making and profiling is the absolute bare minimum to Indonesia's Personal Data Protection Bill due to insufficient legal certainty. In the end, it is paramount for lawmakers to consider a comprehensive regulation on automated decision-making by adopting the European Union's GDPR framework.
KEYWORDS: Artificial Intelligence, Automated Decision-Making, Personal Data Protection.
46
Olivia, Denindah. "Legal Aspects of Artificial Intelligence on Automated Decision-Making in Indonesia." Lentera Hukum 7, no. 3 (November 23, 2020): 301. http://dx.doi.org/10.19184/ejlh.v7i3.18380.
Full textAbstract:
This paper analyzes the importance of Indonesia's comprehensive legal framework on automated decision-making empowered by Artificial Intelligence, comparing it to the European Union, the United States, and China. Specifically, this paper inquires about the status quo of the legal protection of automated decision-making In Indonesia. The analysis highlights profiling in an automated decision-making system with the following discussion about personal data protection. In this context, the European Union's member states set out the General Data Protection Regulation (GDPR) that prohibits automated decision-making to a certain extent. In the United States, the practice of automated decision-making is rather usual. Simultaneously, China takes an exceptional measure instead and develops this automation through a social credit system. The analysis concludes that Indonesia has weak legal protection towards personal data and profiling, which later becomes the basis in facilitating automated decision-making. The provision of automated decision-making and profiling is the absolute bare minimum to Indonesia's Personal Data Protection Bill due to insufficient legal certainty. In the end, it is paramount for lawmakers to consider a comprehensive regulation on automated decision-making by adopting the European Union's GDPR framework.
KEYWORDS: Artificial Intelligence, Automated Decision-Making, Personal Data Protection.
47
Dieng, Adama. "Protecting internally displaced persons: The value of the Kampala Convention as a regional example." International Review of the Red Cross 99, no. 904 (April 2017): 263–82. http://dx.doi.org/10.1017/s1816383117000613.
Full textAbstract:
AbstractThis article examines the value of the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention) in the general quest for the regional and global protection of internally displaced persons (IDPs). It contends that the absence of a globally binding legal instrument for the protection of IDPs underlines the importance of the Kampala Convention and the possible contribution it can make to global and regional efforts to create a binding legal framework for the protection of IDPs. While recognizing some challenges that may impact the full implementation of the Convention, the article concludes by noting its various positive elements that are invaluable in overall efforts to create a comprehensive global legal framework to enhance protection of IDPs.
48
Devisscher, Purdey. "Legal Migration in the Relationship between the European Union and ACP Countries: The Absence of a True Global Approach Continues." European Journal of Migration and Law 13, no. 1 (2011): 53–94. http://dx.doi.org/10.1163/157181611x553655.
Full textAbstract:
AbstractFor a long time, the relationship between the European Union (EU) and the African, Caribbean and Pacific Group of States (ACP) was characterized by the focus on trade issues. In recent years however, other policy aspects have emerged, amongst which migration. This evolution results from the gradual recognition of the importance of migration in the Union’s external relations. The mainstreaming of migration in the relations with third countries raised the need for a Global Approach to Migration (2005) connecting illegal and legal migration, as well as introducing a positive migration-development nexus. The acknowledgement of a possible positive contribution of legal migration ‐ if well managed ‐ for developing countries, has resulted into new concrete initiatives such as circular migration, mobility partnerships and the Blue Card Directive. A closer look at the policy frameworks, as well as specific measures demonstrate however, that a true comprehensive approach is a long way from home. It is examined if the specific EU-ACP relationship offers a different point of view and effectively makes migration work for the development of both parties. More specifically, do the Economic Partnership Agreements (EPAs) correspond to the abovementioned goal? A comprehensive and coherent legal framework that unites the interests of the Union and its Member States, on the one hand, and those of the developing countries, on the other hand, seems a distant perspective. It is concluded that ambitious policy objectives have been set and are waiting to be addressed by corresponding policy frameworks and legal commitments.
49
Karim, Ridoan, Firdaus Muhammad-Sukki, Mohammad Karim, Abu Munir, Imtiaz Sifat, Siti Abu-Bakar, Nurul Bani, and Mohd Muhtazaruddin. "Legal and Regulatory Development of Nuclear Energy in Bangladesh." Energies 11, no. 10 (October 21, 2018): 2847. http://dx.doi.org/10.3390/en11102847.
Full textAbstract:
The adequacy of legal and regulatory framework relating to nuclear energy in Bangladesh has sparked many questions since the government took the formal decision to establish a nuclear power plant (NPP) at Rooppur. Consequently, the government has taken some measures to make a comprehensive and robust framework to ensure safe and secure nuclear energy production in the country. Even though these initiatives are highly appreciable, there remain certain regulatory concerns which this paper has attempted to reflect. Therefore, the objective of this paper is to showcase the recent legal and regulatory development of Bangladesh in relation to nuclear energy and to recommend further developments. The study was based on secondary sources where a doctrinal research was carried out to solve particular research questions. The safety and security of the Rooppur Nuclear Power Plant will frankly rely on how the government of Bangladesh plans and learns to implement, design, safeguard, exchange and further develop nuclear energy related knowledge and talent around the country.
50
Kud, Aleksandr Aleksandrovich. "Kompleksna klasyfikatsiia virtualnykh aktyviv [Comprehensive сlassification of virtual assets]." International Journal of Education and Science 4, no. 2 (2021): 14–39. http://dx.doi.org/10.26697/ijes.2021.2.1.
Full textAbstract:
Background: One of the problems of the modern lawmakers in different countries is that they try to regulate an object before they study the nature of its origin, which, logically, entails many errors regarding its definition in the legal framework. The absence of unified definitions and clear classification of virtual assets as tools for implementing the methods of financial and management accounting of property according to their fundamental and unique features makes it nearly impossible to determine the features of virtual assets important for legal regulation and, therefore, to enshrine them in laws and establish a proper legal framework. The paper is dedicated to solving a relevant and cross-discipline scientific and applied task of developing a comprehensive multilevel classification of virtual assets. Unlike the few existing classifications that focus on parts of the virtual asset phenomenon and selective methods of its implementation, the paper proposes an all-encompassing comparison of all known types of virtual assets, which confirms the comprehensiveness of the classification proposed in this paper. Purpose: To develop and substantiate a comprehensive and multilevel classification of known types of virtual assets, which allows solving the cross-discipline scientific and applied task of systematizing virtual assets for future development of a single approach to regulating relations, the objects of which are different types of virtual assets. Materials and Methods: In order to study the nature of virtual assets and develop a comprehensive classification, a set of scientific research methods has been used: analysis, including cause and effect analysis, synthesis, comparison, generalization, systematization and interpretation of results and induction. Results: The author describes a triune nature of virtual assets: technological, economic and legal, information and applied. This classification of virtual assets will allow determining promising tools for accounting of property and rights. Unlike other known approaches to differentiating virtual assets, where crypto-assets (or cryptocurrencies) were unjustified “leaders”, the author has distinguished the group of tokenized assets for the first time. This particular group, due to its direct relation to property, allows performing accounting as well as reaccounting of property and rights in modern digital accounting systems – decentralized information platforms based on the distributed ledger technology (blockchain), whereas this accounting cannot be performed using crypto-assets due to absence of direct relation to property. Out of virtual assets, the author distinguishes a digital asset and analyzes the semantic features of the term “digital asset”. The digital asset is based on a unique information resource as the original asset and on the property of derivativeness from the real asset, which greatly differentiates it from other types of virtual assets. All of that allows considering it as an effective tool for implementing the methods of financial and management accounting of property. Thus, owners of digital assets can use the new way of accounting of their property and personal non-property rights. Based on the properties of a digital asset, the author distinguishes other types of virtual assets: polyasset and monoasset, with the relevant examples. The author provides the characteristics of their features and structural components while comparing them to the features of digital assets and giving clear and well-known financial and legal analogies regarding the implementation of mutual obligations between parties to a traditional deal. The paper also contains the first systematization of seven properties and parameters of a tokenized asset and, therefore, description of properties of three variations of a tokenized asset: monoasset, polyasset and digital asset. This allowed presenting the varieties of virtual assets as a three-level classification based on the complexity of the nature of virtual assets. The author’s classification distinguishes seven types of virtual assets and contains their description. Conclusions: Overall, the proposed approach to classification allows giving a scientific answer to the question of how to compare the multitude of known virtual assets and how to relate them to the legal framework of a state. These developments will be useful for legislators in basically every country, financial, tax and banking state bodies, as well as private companies when keeping books and performing accounting of virtual assets in their business activity.