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Journal articles on the topic 'Legislative suggestion'
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1
이준서. "Legislative Suggestion on Particulate Matter Regulation." Environmental Law Review 39, no. 2 (2017): 55–85. http://dx.doi.org/10.35769/elr.2017.39.2.003.
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Chung, Dae-Seop. "Legislative Suggestion for Introducing of Investors Protection Fund." 법과정책 23, no. 3 (2017): 267–98. http://dx.doi.org/10.36727/jjlpr.23.3.201712.009.
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김명정. "Reorganization Suggestion of Political Education - Legislative Education-Oriented High School 『Politics and Law』." Theory and Research in Citizenship Education 50, no. 4 (2018): 23–48. http://dx.doi.org/10.35557/trce.50.4.201812.002.
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Kim, Hyun Cho. "The Legislation of the Councils of Religious Institutes: A Suggestion of Legislative Standards from a Legal and Historical Research." Theological Perspective 209 (June 30, 2020): 94–139. http://dx.doi.org/10.22504/tp.2020.06.209.94.
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Geringer, Claudia. "On a Road to Nowhere: Implied Declarations of Inconsistency and the New Zealand Bill of Rights Act." Victoria University of Wellington Law Review 40, no. 3 (2009): 613. http://dx.doi.org/10.26686/vuwlr.v40i3.5258.
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This article explores recent case law touching on the suggestion that the New Zealand courts have an implied power to formally declare that legislation is inconsistent with the rights and freedoms contained in the New Zealand Bill of Rights Act 1990. The article concludes from this case law that the prospects for the development of a formal declaratory jurisdiction of this kind in New Zealand are, if anything, receding. Further, although the Supreme Court's decision in R v Hansen [2007] 3 NZLR 1 affirms the power of the New Zealand courts to informally "indicate" the existence of such legislative inconsistencies, early indications suggest that it is unlikely that this power will be exercised on a routine basis. In the absence of legislative reform, any "dialogue" over human rights between the New Zealand courts and the political branches of government is likely to continue to be far more sporadic and sotto voce than in those countries that have legislated for an express declaration of inconsistency power.
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Ahn, Kyung-Ok. "Standards of judgement of adultery and sexual molestation by using the force and suggestion legislative improvement." Kyung Hee Law Journal 50, no. 4 (2015): 205–31. http://dx.doi.org/10.15539/khlj.50.4.6.
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Lowry, Joseph E. "When Less is More: Law and Commandment in Sūrat al-Anʿām". Journal of Qur'anic Studies 9, № 2 (2007): 22–42. http://dx.doi.org/10.3366/e1465359108000041.
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In this article I argue that the passage at Q. 6:136–53 exhibits a minimalist attitude towards law. This passage offers extensive criticisms of norms, rites and practices that are in force in another community (or communities), and then concludes with a list of commandments that are portrayed as a simpler alternative to the matters described and denounced in the preceding ayas. The ‘minimalist attitude’ towards law in this passage expresses itself as an ambivalence towards norms as such and as a suggestion that the Qur'anic dispensation seeks to unburden the Qur'anic community from needless legislative restrictions. The phenomenon of legislative minimalism in the Qur'an is of interest for two reasons. First, it has the potential to provide a perspective on the subsequent rise of Islamic law, which could fairly be described as a legislatively ‘maximalist’ enterprise. Second, the identification of tendencies in the Qur'an – in this case its attitudes towards law and its means of expressing those attitudes – can help to illuminate the theological inclinations that conditioned the composition, shaping and reception of the Qur'an in its original environment.
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Khmeleva, A. V. "To the question at perfections of legislation in area of setting and productions of judicial examinations." Russian Journal of Legal Studies 3, no. 2 (2016): 238–41. http://dx.doi.org/10.17816/rjls18193.
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In the article is examined lacks of fi ng at legislative level ofpositions of legal institute of judicial examination, specifiedon distinctions of corresponding norms in the differentsources of right and formulated suggestion on perfection oflegislation about the order of setting and production ofjudicial examinations and researches.
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Ling, Philip Chie Hui, Cher Siang Tan, Yeong Huei Lee, and Yong Eng Tu. "DESIGN CONSIDERATION OF CONTAINER SHELTER IN MALAYSIA." Jurnal Teknologi 83, no. 5 (2021): 1–7. http://dx.doi.org/10.11113/jurnalteknologi.v83.16774.
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Freight container can become a potential candidate for shelter provision to resolve the housing crisis from increasing refugee population. Currently the freight container is made in accordance with ISO standard, but for living purpose other consideration must be included, especially the requirement from local government. This paper aims to investigate the design consideration of container shelter from legislative perspective in Malaysia. Uniform Building By-Law 1984 was referred, and ventilation, structural and fire requirement of by-law were compared with ISO standard for freight container. Suggestions were made to ensure the structural and legal integrity of container shelter in Malaysia. Potential container building concept was proposed based on design suggestion.
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Iskandar, Agus. "KEPASTIAN HUKUM DALAM PENEGAKKAN HUKUM PERPAJAKAN." PRANATA HUKUM 14, no. 1 (2019): 38–49. http://dx.doi.org/10.36448/pranatahukum.v14i1.160.
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 Tax amnesty in the form of tax debt relief along with sanctions creates legal problems. The problem is how to enforce the law on the principle of legality in the legal system of taxation in Indonesia. This study uses a normative juridical approach, therefore the main data used is secondary data in the form of legislative regulations - data analysis invitations carried out in qualitative analysis. Based on the results of the study, that legal certainty in law enforcement by looking at the inaccuracies of regulations concerning the substance and form of legislation - invitation will weaken the principle of legality. From the experience of tax amnesty implementation, it turns out that tax amnesty does not necessarily increase state revenues, nor does tax amnesty automatically increase investment. As a suggestion, tax amnesty as an incentive needs to get policy support from other sectors so as to create the expected investment climate.
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Chernysh, Iryna, and Kateryna Chelembiienko. "Planning and Implementation of a Startup in a Modern Business Environment." ЕКОНОМІКА І РЕГІОН Науковий вісник, no. 2(73) (September 23, 2019): 41–49. http://dx.doi.org/10.26906/eir.2019.2(73).1625.
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The purpose of the article is to identify and analyze the results of the implementation of successful start-ups and review the legislative aspects for their development and implementation; substantiation of possibilities for realization of a startup on launch of a food truck with the implementation of healthy food. The concept and types of startups are considered. It justifies the possibility of implementing a start-up to launch a food truck with a suggestion of healthy nutrition.
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Pambo, Kennedy Otieno. "Designating lawyers as reporting entities under the Kenya’s anti-money laundering regime." Journal of Money Laundering Control 23, no. 3 (2020): 637–49. http://dx.doi.org/10.1108/jmlc-07-2019-0063.
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Purpose Kenya has made little progress in its endeavor to categorize lawyers as designated non-financial businesses and professionals (DNFBPs), despite making spirited attempts in 2007, 2018 and lately in 2019. The legal professionals are, therefore, not bound by the reporting and other stringent obligations imposed by the Financial Action Task Force (FATF) to deter possible misuse by money launderers. The purpose of this paper, therefore, is to enumerate the ongoing efforts toward designating lawyers as DNFBPs in Kenya. The paper also assesses the institutional and legislative incentives (as well as barriers) for imposing the anti-money laundering (AML) duty thereto. Design/methodology/approach The paper provides a qualitative review of Kenya’s AML legislative framework and the potential support/hindrance to imposing the AML duty on lawyers. Also, this paper provides a suggestion for possible solutions. Findings The legislative framework in Kenya has outlawed money-laundering, and lawyers can be compelled to disclose confidential information observed in the course of employment if it embodies crime or fraud. Thus, imposing the AML obligation on lawyers is nothing out of the ordinary, rather a mere creation for a formal disclosure mechanism. However, this paper also revealed divergent views that merit reconciliation for the seamless designation of lawyers. Originality/value To enhance the legislative framework in Kenya, the paper borrows from the FATF’s Interpretive Note to Recommendation 23 and suggests a practical solution to the apparent conflict between the legal professional privilege and the AML duty.
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Prasetyo, Eko Surya, Y. A. Triana Ohoiwutun, and Halif Halif. "Implikasi Yuridis Kebijakan Formulasi Alat Bukti Elektronik." Lentera Hukum 5, no. 2 (2018): 174. http://dx.doi.org/10.19184/ejlh.v5i2.7469.
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Formulation policy occupies a strategic role in the efforts to eradicate criminal acts, as law enforcers are bounded by prevailing laws and regulations. The issue of article formulation is only the surface of the problem when using electronic evidence in practice. The Law Number 31, Year 1999, on Corruption Criminal Act acknowledges electronic evidence as an extension of “petunjuk”, while in The Law Number 8 Year 2010, the Money Laundering Criminal Act, electronic evidence is recognized as an independent instrument of evidence. This article examines the underlying reasons for differences in formulation policy, in terms of the legislator's rationales. This article will also expose juridical implications for the recognition of electronic evidence in both acts. The article uses normative yudiris-legal research that analyses law through a building norm system. Based on legislative review, by tracking the legislation rationale, it is found that there is no fundamental reason for the classification, but it is only a legal policy because of legislation Based on the conceptual study, it is understood that electronic evidence, “petunjuk”, is weaker than independent evidence. This article concludes with the suggestion to include electronic evidence in the Criminal Procedure Code (KUHAP), with a ‘stand-alone’ position that is not part of other evidence.
 Keywords: Formulation Policy, Electronic Evidence
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Pearson, Mark. "The media regulation debate in a democracy lacking a free expression guarantee." Pacific Journalism Review 18, no. 2 (2012): 89. http://dx.doi.org/10.24135/pjr.v18i2.266.
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Two major inquiries into the Australian news media in 2011 and 2012 prompted a necessary debate over the extent to which rapidly converging and globalised news businesses and platforms require statutory regulation at a national level. Three regulatory models emerged—a News Media Council backed by recourse to the contempt powers of courts; a super self-regulatory body with legislative incentives to join; and the status quo with a strengthened Australian Press Council policing both print and online media. This article reviews the proposals and explores further the suggestion that consumer laws could be better utilised in any reform. It concludes with an assessment of the impact of the inquiries and their recommendations upon free expression in a Western democracy lacking constitutional protection of the media.
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Kagalou, Ifigenia, and Dionissis Latinopoulos. "Filling the Gap between Ecosystem Services Concept and River Basin Management Plans: The Case of Greece in WFD 20+." Sustainability 12, no. 18 (2020): 7710. http://dx.doi.org/10.3390/su12187710.
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The ecosystem services (ES) concept is embedded in all new European directives but its integration in the Water Framework Directive (WFD) is absent, despite the latter being the major legislative tool. The research aims to assess the knowledge of ES that lies within the River Basin Management Plans (RBMPs) in Greece so as to further depict their representation in the relevant planning tools, to support policy making and express the implementation experience to Member States for assisting EU reloading processes. The information on the ES’ status was extracted by the official RBMPs, processed and grouped following Common International Classification of Ecosystem Services (CICES) classification. The prioritization of ES included in the programs of measures (PoMs) further showed the targeting for each River Basin District (RBD). The results were not homogenous for the RBDs, revealing different needs in measures and indicating there is a lack in “communication” between the relevant EU and national regulations. Moreover, a wide suite of water-related ES is hindered in addressing multiple benefits coming from provisioning, regulating and cultural ES. For a proper WFD reload and continuation, the infusion of the ES concept and prerequisites in its objective, and the reviewing of the RBMPs’ target and the suggestion of integrated PoMs are necessary steps that could deliver added value in such legislation.
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Volkova, Alina Yur'evna. "The legal meaning of a person’s consent to damage to life or health: international and foreign experience." Полицейская и следственная деятельность, no. 2 (February 2021): 1–18. http://dx.doi.org/10.25136/2409-7810.2021.2.35904.
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The research subject is international and foreign legislation in which a person’s consent to or request for infringement of their rights and legal interests indicates their acquiescence to their unreliable property management. The author uses dialectical, logical, historical-legal, formal-legal, and comparative-legal research methods which helped to detect various fields of social relations in which the legislation regulating a person’s consent to damage is used, thus hampering the unification of the legal understanding of this facultative phenomenon. The consideration of a person’s consent to damage as a manifestation of private interest in international law and the legislation of particular countries will allow adopting the best practices for the purpose of integrating this phenomenon into the Russian legal realia. The examination of international and foreign legislation regulating a person’s consent to damage to rights or legal interests demonstrates the need for the implementation of this phenomenon in Russia’s legal sphere, which would be a basis for a comprehensive assessment of the situation of the infringement of rights upon a person’s consent or request. The author studies international and foreign legislation to consider the evolution of social relations in which a person can implement his or her right and manage his or her property, and the regulation of the forms of exercising a personal interest consisting in the consent to damage to life and health. The scientific novelty of the research consists in the comprehensive consideration of international and foreign legislative experience in exercising personal right to be subject to damage, which determines the necessity to introduce such a legal phenomenon into the Russian legal realia based on the criteria of social benefit. The author’s contribution to the development of the topic is the suggestion to introduce a person’s consent to damage into the Russian criminal law. 
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Jayadi, Usman. "BENTUK, FUNGSI, DAN MAKNA LELAKAQ SASAK SEBAGAI MEDIA KAMPANYE CALON WALIKOTA MATARAM." CENDEKIA: Journal of Education and Teaching 11, no. 1 (2017): 105. http://dx.doi.org/10.30957/cendekia.v11i1.255.
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In Lombok Island, Lelakaq Sasak is one of the important cultures used to give suggestion to people. Nowdays Lelakaq Sasak are used as campaign media e.g. elections for head village, legislative, regency and governor to attract constituent. The goal of this research is to know how Lelakaq types and function used in Mataram regency campaign. Data were collected using observation, quotation, document, and were analyzed using structural analysis, semiotic and hermeneutic. The results showed some types of Lelakaq used for campaing in Mataram regency election existed. Structural analysis found Lelakaq was used in terms of theme and advice. In semiotic, Lelakaq was presented in terms of metaphor, hyperbola. In hermeneutic Lelakaq apperead in terms of sounds, aliteration, association, diction. Lelakaq functioned as entertaint, stimulus and advice. The purpose of Lelakaq is about to describe event and feeling and in the campaign lelakaq was represented to give moral value, material, spiritual and people’s visualisation.
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Zoh, Yoonik, Seongjun Moon, Yoonseo Lee, and Yejin Kim. "Review and Suggestion on the Mitigation of the Burden of Proof on Causality of Industrial Accidents -Focusing on the Legislative Improvement of the Industrial Accident Compensation Insurance Act-." Korea Law Review 99 (December 31, 2020): 237–84. http://dx.doi.org/10.36532/kulri.2020.99.237.
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Arato, Andrew. "Democratic constitution-making and unfreezing the Turkish process." Philosophy & Social Criticism 36, no. 3-4 (2010): 473–87. http://dx.doi.org/10.1177/0191453709358543.
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This short article will seek to explore the causes, and possible solutions, of what seems to be the current freezing of the Turkish constitution-making process that has had some dramatic successes in the 1990s and early 2000s. I make the strong claim that democratic legitimacy or constituent authority should not be reduced either to any mode of power, even popular power, or to mere legality. It is these types of reduction that I find especially troubling in recent Turkish constitutional struggles, where the legal claims of two powers — the government-controlled legislative and the judicial branches — to structure the constitution are not backed by sufficient political legitimacy. In effect these two powers that claim their constituent authorization, rather implausibly in my view, from either the democratic electorate or from an original constituent power, because of their conflict threaten to freeze the constitution-making process that very much needs to be continued and concluded. I end the article by making a suggestion for one possible constitution-making procedure that would be both legitimate and legal.
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Winoto, Elfan. "Legal Review of Medical Emergency that Happened after a Failed Abortion Attempt." Hang Tuah Law Journal 4, no. 1 (2020): 63. http://dx.doi.org/10.30649/htlj.v4i1.140.
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<p>Abortion is the fifth highest cause of maternal mortality. Legal abortions are called <em>abortus provocatus medicinalis</em> and those that are illegal are called <em>abortus provocatus criminalis</em>. Indonesian law prohibits abortion except indications of medical emergencies and the consequences of rape. This study aims to determine the legal consequences of someone who failed an abortion and the legal protection of the doctor who treated her.</p><p>This legal research uses a juridical normative with a conceptual and legislative approach.</p><p>The results of the perpetrators and those who helped the abortion that caused medical emergencies to be threatened with Criminal Code Article 53. They cannot be convicted if in accordance with professional standards and standard operating procedures.</p><p>The conclusion and suggestion are the doctor cannot be convicted as a criminal offender or as an assistant to an abortion crime if it can be proven that an abortion is carried out in emergency condition to save mother or fetus and prevent disability. The government needs to make laws that regulate who will carry out safe, qualitative and responsible abortions.</p><p> </p><p>Abortion is the fifth highest cause of maternal mortality. Legal abortions are called <em>abortus provocatus medicinalis</em> and those that are illegal are called <em>abortus provocatus criminalis</em>. Indonesian law prohibits abortion except indications of medical emergencies and the consequences of rape. This study aims to determine the legal consequences of someone who failed an abortion and the legal protection of the doctor who treated her.</p><p>This legal research uses a juridical normative with a conceptual and legislative approach.</p><p>The results of the perpetrators and those who helped the abortion that caused medical emergencies to be threatened with Criminal Code Article 53. They cannot be convicted if in accordance with professional standards and standard operating procedures.</p><p>The conclusion and suggestion are the doctor cannot be convicted as a criminal offender or as an assistant to an abortion crime if it can be proven that an abortion is carried out in emergency condition to save mother or fetus and prevent disability. The government needs to make laws that regulate who will carry out safe, qualitative and responsible abortions.</p>
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Barton, George P. "Legal Resource Needs in Small States (Commonwealth Pacific Jurisdictions)." Victoria University of Wellington Law Review 30, no. 2 (1999): 599. http://dx.doi.org/10.26686/vuwlr.v30i2.6007.
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This report by Dr Barton was the result of a survey of the legal resource needs of small Commonwealth states in the Pacific commissioned by the Commonwealth Secretariat in 1979. Dr Barton spent a month and a half visiting the 8 nation states between May and October of 1979. The terms of reference focussed on obtaining a factually based profile of the legal-constitutional needs of each state and are reflected in the various sections of the report. In particular, the terms of referencedirected Dr Barton to "examine ways in which the special legal requirements of these jurisdictions may most effectively and efficiently be met bearing in mind the limited resources available and seeking to make maximum use of assistance which it might be possible to arrange from other institutions ifor example, from university law faculties) and in close collaboration with existing regional institutions in the Pacific". In response to this Dr Barton suggests, among other things, aregional legal unit to serve the area, a suggestion which still has relevance today. Although Dr Barton's ideas for a regional advice unit were never implemented it is significant that a Pacific Law Unit for training purposes was established in Vanuatu with Commonwealth Secretariat and New Zealand Government support and latterly a regional law school has been established in Vanuatu by the University of South Pacific. In particular his comment that "in newly independent territories the need for legislative texts that are both up-to-date and readily available is particularly urgent" found a response in Victoria University Law Faculty based legislation master lists (Samoa, Solomon Islands) and in consolidated collections for Cook Islands, Niue, Norfolk Island and Tokelau.
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Kirenko, Serhii. "Problems of criminal-legal assessment of mental violence." Slovo of the National School of Judges of Ukraine, no. 1(34) (July 5, 2021): 128–39. http://dx.doi.org/10.37566/2707-6849-2021-1(34)-11.
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The article examines the problems of criminal law assessment of mental violence. The author draws attention to the fact that the current criminal legislation in some cases does not contain an adequate criminal law assessment of socially dangerous encroachment on the human psyche, limited to indications of threats, deception or abuse of trust, humiliation and dignity, which do not exhaust the meaning of «mental violence». At the same time, Articles 129 and 185 of the Criminal Code leave out a number of important points outside the legislative attention. For example, Art. 129 of the Criminal Code of Ukraine provides for liability for the threat of murder, but does not provide for liability for the threat of harm to the health of a person, if there were grounds to fear the threat, which is unlikely because the threat caused serious suffering to a person who fears not only for his life, but also for health. Article 189 of the Criminal Code of Ukraine limits the range of addressees of relevant threats only to the victim and his close relatives and leaves out of the sphere of protection of other persons who are close to the victim, but are not his close relatives (brides, friends). Also, the current Criminal Code does not address at the regulatory level such types of mental violence as hypnosis, suggestion, etc. methods of human manipulation (including the use of technical means), which are used to inflict various harm to the person and his interests. The author proposes to make changes and additions to the Criminal Code, which will eliminate the above gaps in the legislation. In particular, it is proposed to supplement Art. 129 of the Criminal code of Ukraine by the instruction on threat of harm to health of the person, in Art. 189 the words «close relatives» should be replaced by «close persons», and it is also proposed to supplement the Criminal Code of Ukraine with a new article, which will establish responsibility for manipulating the human psyche. Keywords: human psyche, manipulation, criminal-legal assessment.
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Silva Teixeira, Erica, and Alexandre Douglas Zaidan de Carvalho. "MULHERES NA ASSEMBLEIA LEGISLATIVA DA BAHIA NO PÓS-1988." Revista Eletrônica Direito e Política 16, no. 1 (2021): 1–29. http://dx.doi.org/10.14210/rdp.v16n1.p1-29.
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RESUMOO presente trabalho se propõe a analisar, sob a perspectiva da garantia constitucional da igualdade de gênero, a participação das mulheres na Assembleia Legislativa do Estado da Bahia - ALBA. Através de uma abordagem empírica fundada no levantamento quantitativo dos mandatos parlamentares exercidos por mulheres em cada legislatura da ALBA após 1988, pretende-se demonstrar como a participação feminina naquela instituição representativa ainda é incipiente e enfrenta uma série de obstáculos. Tal constatação confirma algumas das hipóteses da literatura feminista sobre gênero e política e também da teoria democrática contemporânea sobre a baixa representatividade feminina nos órgãos legislativos. Ao final, apresentam-se indicativos a serem avaliados como alternativas inclusivas enquanto as estruturas partidárias não conseguem promover maior equilíbrio de gênero na representação política. PALAVRAS-CHAVE: Igualdade de gênero; Democracia; Representatividade Política Feminina. ABSTRACTThis paper analyses the female political representation in the Legislative Assembly in the State of Bahia - ALBA, under a perspective of the constitutional guarantee of gender equality. Through an empirical approach stablished in a quantitative research on parliamentary mandates from women in each legislature since 1988 it is intended to show how female participation in that institution is still incipient and faces several obstacles. The evidence confirms some of the hypotheses of feminist literature on gender and politics and also from contemporary democratic theory on low female representation in legislative bodies. In the end, there are suggestions to be evaluated as inclusive alternatives as long as party structures cannot promote greater gender balance in political representation. KEY WORDS: Gender equality; Democracy; Female Political Representation.
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Jainah, Zainab Ompu. "ANALISIS PUTUSAN PIDANA MATI TERHADAP PELAKU TINDAK PIDANA NARKOTIKA DAN PSIKOTROPIKA." PRANATA HUKUM 14, no. 1 (2019): 25–37. http://dx.doi.org/10.36448/pranatahukum.v14i1.159.
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ABSTRAK
 The imposition of capital punishment on narcotics and psychotropic criminals in Indonesia in the perspective of human rights based on the 1945 Constitution needs to be reviewed to understand whether capital punishment is a way of law enforcement that is contrary to human rights. The main problem being the object of research, is the imposition of capital punishment against narcotics and psychotropic criminals violating human rights based on the 1945 Constitution. This research is a normative legal research through a legislative approach, conceptual, case. The data used is secondary data with qualitative data analysis. The results of the study show that the imposition of capital punishment on narcotics and psychotropic criminals does not violate human rights because it does not conflict with the provisions of Article 28A, Article 28I paragraph (1) and Article 28J paragraph (2) of the 1945 Constitution and does not violate Indonesia's international legal obligations that were born from international agreements on the eradication of illicit trafficking in narcotics and psychotropic substances. As a suggestion, law enforcement needs to be improved, because crime / narcotics and psychotropic crimes are transnational types of crime by using high modus operandi.
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De Mestrall, A. L. C. "L'évolution des rapports entre le droit canadien et le droit international un demi-siècle après l'affaire des conventions internationales de travail." Canadian Yearbook of international Law/Annuaire canadien de droit international 25 (1988): 301–24. http://dx.doi.org/10.1017/s0069005800003210.
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SummaryThis article reviews the suggestion implicit in two recent obiter dicta of the Supreme Court of Canada and the widely held view in English Canada that the Labour Conventions Reference was wrongly decided, and that parliament should have exclusive jurisdiction to implement any treaty. It is argued that reversal of this rule would constitute a fundamental change in the nature of the Canadian federal system; is not warranted by any functional argument and has never been requested by the principal interested party, namely the government of Canada. It is also argued that the only proper way to make such a change is by way of formal constitutional amendment. Given the existence of a host of treaties covering every imaginable field of human conduct, a blank cheque to parliament to implement any treaty would in effect constitute one of the most major changes of the Constitution in our hutory. Among the problems considered is that of the extreme fluidity of the concept of a treaty in international law. The author suggests that other avenues exist for the expansion of federal legislative jurisdiction to implement treaties in the field of international trade if this is necessary.
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Schmude, Jürgen, Sascha Filimon, Philipp Namberger, Erik Lindner, Jae-Eun Nam, and Pauline Metzinger. "COVID-19 and the Pandemic's Spatio-Temporal Impact on Tourism Demand in Bavaria (Germany)." Tourism 69, no. 2 (2021): 246–61. http://dx.doi.org/10.37741/t.69.2.6.
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Being a unique hazard, COVID-19 led to various global distortions. Tourism was significantly affected, and numerous authors are discussing future implications for the industry. However, only a few studies consider the effects of COVID-19-related measures on tourism's demand side. For the state of Bavaria (Germany), we introduce the relevant legislative measures and their implications on tourism demand. Following Sigala's (2020) suggestion, we illustrate the tourism demand development during the pandemic in space and time by analysing Bavaria's overnight stays on the districts' administrative level. For the first nine months of the ongoing pandemic, we identify the district's population density, its relative location to major cities, and tourism intensity being decisive for both, decline and recovery. Recommendations for policy action can be derived directly from the different spatial and temporal developments we have identified. Thus, it appears that individual districts vary considerably, especially in the speed and extent of their recovery following the first shutdown, in part due to the factors identified. Due to the varying degrees to which the districts and their tourism businesses recover after the crisis, we argue that customised, regionally differentiated political measures should be considered.
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Affandi, Rohaida, and Hock Tai Chia. "The Weaknesses of OSHA 1994 Implementation in Malaysian Construction Industry." Journal of Civil Engineering, Science and Technology 4, no. 2 (2013): 40–45. http://dx.doi.org/10.33736/jcest.118.2013.
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Statistics from Department of Occupational Safety and Health (DOSH) Malaysia indicated that the construction sector suffers the highest level of occupational accident and fatalities almost every year. To overcome this problem, the government has come out with a legislative framework and action plans to deal with this situation. The study aims to identify the weaknesses of Malaysian employers and employees in implementing Occupational Safety and Health (OSHA 1994) in the construction industry and to highlight the responsibilities of both parties to comply as far as practicable of safety and health in construction site. Data were obtained via literature reviews and conducting workplace inspection. There is a high degree of consensus on the two important parties in assuming safety and health responsibilities who are employer and employee. The results indicate the weaker areas done by employers were: General duties of employers and self-employed persons to their employees; Duty to formulate safety and health policy; General duties of employers and self-employed persons to persons other than their employees; and Duties of occupier of a place of work to persons other than his employees. While the weaker areas done by employees were: General duties of employees at work; and Duty not to interfere with or misuse things provided pursuant to certain provisions. Thus, the suggestion for improvement towards safety and health practices was proposed according to the Master Plan (2005 – 2010) which introduced by CIDB. Therefore government bodies, contractors and consultants mostly agree on several stipulations under the Master Plan (2005 – 2010) subdivisions which are: Enforcement and Legislation; Education and Training; and Research, Development and Technology are the suggested areas of concern in which safety and health practices can be improved within the construction industry.
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Sun-Pil Eum. "Alternative Service in Korea: Legislative Suggestions." Journal of hongik law review 19, no. 4 (2018): 181–216. http://dx.doi.org/10.16960/jhlr.19.4.201812.181.
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Nanima, Robert Doya. "The Prevention of Organised Crime Act 1998: The Need for Extraterritorial Jurisdiction to Prosecute the Higher Echelons of Those Involved in Rhino Poaching." Potchefstroom Electronic Law Journal 22 (October 11, 2019): 1–46. http://dx.doi.org/10.17159/1727-3781/2019/v22i0a5194.
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The continuous rising levels of rhino poaching in South Africa require smart strategies that move beyond prosecuting the actual poachers to engaging the transnational criminals who deal with the rhino horn after it leaves the country. In this regard, South Africa has a number of laws that deal with the poaching of rhino horns. The Prevention of Organised Crime Act 121 of 1998 (POCA) does not provide for the adequate prosecution of offenders outside South Africa. It is argued that the POCA has to be amended to provide for extraterritorial jurisdiction to deal with the prosecution of the higher echelons of those involved in rhino poaching. While the POCA provides for extraterritorial jurisdiction in some respects, the application of these provisions still presents challenges in their implementation. To substantiate this claim, this article first discusses the international networks that support the trade in rhino horn. A critique of the available statistics on rhino poaching follows, as does a suggestion that attention must be paid to the details in the statistical records to understand how desperate the situation is. Thereafter, an evaluation of South Africa's legislative framework and other interlinking factors that affect rhino poaching is performed This demonstrates the need for extraterritorial jurisdiction with regard to rhino poaching.
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Gevers, Camille, Helena F. M. W. van Rijswick, and Julia Swart. "Peasant Seeds in France: Fostering A More Resilient Agriculture." Sustainability 11, no. 11 (2019): 3014. http://dx.doi.org/10.3390/su11113014.
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The profitability of the French agricultural sector has fallen over the last two decades, leading to the suggestion of a “rupture in technical progress”. Additionally, the intellectual property regime in force has contributed to the erosion of the cultivated biodiversity, limiting plant resiliency to climate change and other hazards. In the face of these challenges, agroecological farming practices are a viable alternative. This paper investigates the positive and negative aspects associated with the development of alternative seed procurement networks in France. The findings indicate that peasant seed networks can effectively contribute to overcoming many of the structural blockages with which French agriculture is confronted, but that yield concerns; higher information and supervisory costs, as well as the unfavourable legislative context, constitute key challenges to their development. However, these could be partially or totally eliminated if adequate policies are implemented. In this regard, the recommendations are to: (i) strengthen the dialogue with farmers in the shaping of policies related to the use of plant genetic resources; (ii) abrogate the “obligatory voluntary contribution” on farm-saved seeds; (iii) diversify the collection of Centres for Biological Resources, increase their number, and democratize their access; (iv) harmonize the French and European regime on intellectual property; and (v) encourage participatory research.
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Helgerman, Thomas. "Rethinking Economics." Pitt Political Review 11, no. 1 (2017): 62–67. http://dx.doi.org/10.5195/ppr.2014.50.
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Over the last five years, the field of economics has undergone a reconsideration of its role in society. With the exception of a select few (Rajan, 2005), most economists were blindsided by the housing crash in 2007 and subsequent financial meltdown. This has prompted both a rethinking of econoimc thought on the institutional and legislative curriculum, and the undergraduate economics curriculum, which has been led by Wendy Carlin at University College London and Diane Coyle of Enlightenment Economics. Additionally, students have begun to take important roles in the debate. In April, the student-run Post-Crash Economics Society (PCES) at the University of Manchester published a report titled Economics, Education and Unlearning, which provided a critique of economics education in the UK and at Manchester in particular. However, as the report points out, “the problems ... are certainly not limited to Manchester and are in fact international in scale”. While the report has its commendable strides, it falls short on two crucial aspects: the suggestion that economics cannot be a scientific discipline and the driving recommendation of the report for a move towards “pluralism” in the discipline. This essay will focus on these two issues and argue that they are fundamentally misguided.
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Jayadi, Usman. "BENTUK, FUNGSI, DAN MAKNA LELAKAQ SASAK SEBAGAI MEDIA KAMPANYE CALON WALIKOTA MATARAM." PRASASTI: Journal of Linguistics 3, no. 1 (2018): 139. http://dx.doi.org/10.20961/prasasti.v3i1.1992.
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<p><strong>Abstract:</strong> In Lombok island, Lelakaq Sasak is one of the important culture use to give suggestion to people. Nowdays Lelakaq Sasak use as campaign median to attract constituent like in head village election, legislative, governor and regency election. The goal of this research is to know the segment of how Lelakaq Sasak types, function and Lelakaq Sasak mean in Mataram regency campaign. The method of collecting data in this research are observation, quotation, document and in analysis data use structural analysis and Semiotic for type analysis. Analysis function use approach hermeniutik. The research result that we know the type of Lelakaq Sasak in Mataram regency campaign. Based on structural analysis including theme; advice. Linguistic; Metaphor, perbandingan, Hyperbola. Sounds; Aliterasi and Asonasi Diksi or <em>rau</em> and <em>r</em><em>imba</em>. Lelakaq Sasak’s function as entertaint, stimulus and advice. The purpose of Lelakaq Sasak is about describe event and feeling. The final result of this research: type, function and purpose of Lelakaq Sasak in Mataram candidate regency election campaign and to give moral value, material, spiritual and people’s visualisation.</p><strong>Key words:</strong> type, function and meaning of Lelakaq Sasak in Mataram candidate regency election campaign.
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Maddy, Brian L., and Michelle Cook. "Pediatrics and the legislature: Suggestions for lobbying your legislature." Journal of Pediatrics 141, no. 6 (2002): 747–48. http://dx.doi.org/10.1067/mpd.2002.129170.
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Oelangan, Meita Djohan. "PENYELESAIAN SENGKETA BISNIS MELALUI PENGADILAN NIAGA." PRANATA HUKUM 14, no. 1 (2019): 65–79. http://dx.doi.org/10.36448/pranatahukum.v14i1.162.
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ABSTRAK
 The Commercial Court in the Settlement of Business Disputes Linked to the Principle of Legal Certainty As an Effort to Develop the Indonesian Judicial System at this time still needs to be considered to what extent its authority. From this background the problem that is the subject of the research is how is the Commercial Court's authority in resolving business disputes given the lack of clarity about the object of commercial matters that can be handled by the Commercial Court? The research method used is a normative juridical research method through a legislative approach. With data sources namely secondary data in the form of primary legal materials, secondary legal materials, and tertiary legal materials. The collected data is analyzed qualitatively. The results of the research show that the authority of the Commercial Court in addition to bankruptcy and other commerce currently being examined is intellectual property rights namely Industrial Design, Layout Design of Integrated Circuits, Patents, Trademarks and Copyright while business disputes are submitted to the Commercial Court which are not regulated by law The law is a case relating to banking, trade agreements, consumer protection, insurance, corporate, transportation and capital markets. As a suggestion the authority of the Commercial Court should be clearly specified in the category of business cases and constitute the absolute competence of the Commercial Court and the Commercial Court to be established throughout the Capital of the Province.
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Rahadianto, Akbar, and Endang Pandamdari. "KEABSAHAN PENJAMINAN HAK MILIK ATAS TANAH YANG DIDASARKAN PADA AKTA DI BAWAH TANGAN (STUDI KASUS PUTUSAN NOMOR 53/PDT.G/2017/PN.SGN)." Jurnal Hukum Adigama 1, no. 2 (2018): 100. http://dx.doi.org/10.24912/adigama.v1i2.2739.
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Land rights guarantee is a guarantee made by the debtor to the creditor which generally aims to obtain a loan in the form of money for the debtor and repayment of debt to the creditor. In the case of guaranteeing land rights, the procedure has been regulated in the Underwriting Rights on land along with land-related objects act. In this act, it is explained that in the case of guaranteeing land rights, it must be made in an authentic deed named deed of mortgage. But in this case the debtor guarantees ownership rights of the land to the creditor with only deed under hand, not with the deed of mortgage. Is the guarantee still valid? and how about the executorial power? In this study the author uses a case approach and legislative approach. It can be concluded that the guarantee of ownership rights on land based on the deed under the hand is valid because it has fulfilled the elements of Article 1320 of the Civil Code concerning the legal requirements of the agreement. Then for the execution strength, it can be done, but it will be very difficult because it requires a court order to execute the collateral object. The suggestion from the author is that in guaranteeing the rights to the land, it must be charged the Deed of mortgage, so that if there is a default, the execution of the guarantee object is easy and does not take a long time.
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Nurdin, Arifuddin. "Implementasi Fungsi Legislasi Dewan Perwakilan Rakyat Daerah pada Pembentukan Peraturan Daerah." Al-Ishlah : Jurnal Ilmiah Hukum 23, no. 1 (2020): 53–76. http://dx.doi.org/10.33096/aijih.v22i1.36.
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This study aims to analyze the implementation of DPRD members 'initiative rights and the factors that hinder the exercise of DPRD members' initiative rights in the formation of Regional Regulations. This type of research is normative juridical research, the source of this research data is secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials. The collected legal materials are processed and compiled systematically and provide detailed and in-depth explanations to reveal problems regarding the legislative function of DPRD members with the intention of seeking consistency between applicable legal norms.
 The results showed that the implementation of DPRD members' initiative rights in the formation of regional regulations was still not optimal even though it had referred to PP No. 12 of 2018 concerning Guidelines for the Preparation of DPRD Standing Orders because many DPRD members have never used the right of initiative in preparing academic texts and the Draft of Regional Regulation. The inhibiting factors for the implementation of DPRD members' initiative rights in the formation of regional regulations consist of human resources, the effectiveness and efficiency of the use of the budget, the role of the Expert Team, as well as low community participation being an inhibiting factor. The suggestion that the authors propose is that DPRD members in carrying out the legislative function should not only wait for the proposed Regional Regulation coming from the Regional Government but actively use their initiative right in forming Local Regulations as regulated in the legislation, as well as addressing the factors existing obstacles in order to optimize the implementation of the initiative rights of DPRD members. 
 Abstrak:
 Penelitian ini bertujuan untuk menganalisis pelaksanaan hak inisiatif Anggota DPRD dan faktor-faktor yang menghambat pelaksanaan hak inisiatif anggota DPRD pada pembentukan Peraturan Daerah. Tipe penelitian yang digunakan adalah penelitian yuridis normatif, sumber data penelitian ini adalah data sekunder yang terdiri dari bahan hukum primer, bahan hukum sekunder, dan bahan hukum tertier. Bahan hukum yang berhasil dikumpulkan diolah dan disusun secara sistematis dan memberikan penjelasan secara rinci dan mendalam untuk mengungkap permasalahan mengenai fungsi legislasi anggota DPRD dengan maksud mencari konsistensi antara norma hukum yang berlaku.Hasil penelitian menunjukan bahwa Pelaksanaan hak inisiatif anggota DPRD dalam pembentukan peraturan daerah masih kurang optimal sekalipun telah mengacu pada PP No. 12 Tahun 2018 tentang Pedoman Penyusunan Peraturan Tata Tertib DPRD, karena banyak anggota DPRD yang tidak pernah menggunakan hak inisiatifnya dalam penyusunan naskah akademik dan Rancangan Peraturan Daerah. Faktor penghambat pelaksanaan hak inisiatif anggota DPRD dalam pembentukan peraturan daerah terdiri dari Faktor sumber daya manusia, efektifitas dan efisiensi penggunaan anggaran, peranan Tim Ahli, serta partisipasi masyarakat yang rendah menjadi faktor penghambat. Adapun saran yang penulis ajukan adalah, hendaknya anggota DPRD dalam melaksanakan fungsi legislasi tidak sekedar menunggu usulan Rancangan Perda yang berasal dari Pemerintah Daerah, tetapi secara aktif mempergunakan hak inisiatifnya dalam membentuk Peraturan Daerah sebagaimana yang diatur dalam peraturan perundang-undangan, serta mengatasi faktor-faktor penghambat yang ada agar dapat mengoptimalkan pelaksanaan hak inisiatif anggota DPRD.
 
 Kata Kunci: hak inisiatif; fungsi legislasi; frasa, peraturan daerah;
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Maestas, Cherie, Grant W. Neeley, and Lilliard E. Richardson. "The State of Surveying Legislators: Dilemmas and Suggestions." State Politics & Policy Quarterly 3, no. 1 (2003): 90–108. http://dx.doi.org/10.1177/153244000300300104.
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State-level research affords scholars a unique opportunity to study legislative behavior because state legislators are accessible in ways that members of congress are not. State legislators' willingness to respond to interviews and questionnaires has provided scholars with a rich array of data about their behavior and perceptions. This survey research has contributed greatly to our theoretical and practical knowledge of legislative behavior and institutions. We examine 73 articles published in top academic journals from 1975 to 2000 to identify common techniques of surveying state legislators and suggest ways in which scholars can enhance the prospects for collecting high quality data. We also consider what type of collective efforts could be undertaken to enhance this underutilized resource for studying legislative politics.
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Son, Yeong-Tae. "Legislative Suggestions for the Reconstruction of MARITIME POLICE ACT." Korean Association of Public Safety and Criminal Justice 28, no. 3 (2019): 195–240. http://dx.doi.org/10.21181/kjpc.2019.28.3.195.
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Roh Myung Sun. "New legislative suggestions to aquire evidence of Cyber-crime." SungKyunKwan Law Review 19, no. 2 (2007): 341–56. http://dx.doi.org/10.17008/skklr.2007.19.2.020.
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Best, Rebecca H., Sarah Shair-Rosenfield, and Reed M. Wood. "Legislative Gender Diversity and the Resolution of Civil Conflict." Political Research Quarterly 72, no. 1 (2018): 215–28. http://dx.doi.org/10.1177/1065912918785459.
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Policy makers and scholars have shown increased interest in gendered approaches to peacemaking, even as evidence of women’s impact on peace processes has remained unclear. In this paper, we explore the influence of gender diversity among decision-making elites on the outcome of ongoing civil conflicts. Specifically, we argue that increased female representation within the national legislature increases the likelihood that a conflict terminates in a negotiated settlement. However, the impact of legislative female representation on conflict termination is conditioned by the power of the legislature vis-à-vis the executive, suggesting that gender diversity exerts a greater impact in states with more authoritative legislatures. We evaluate our hypotheses using data on the manner of conflict termination and the proportion of women in national legislatures between 1945 and 2009. Our results show support for the central argument, suggesting that increasing female representation within legislative bodies increases the likelihood of war termination via negotiated settlement.
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Corkhill, Jennifer M. "The sexual abuse of children: A discussion of the inadequacy of the current South Australian legislative regime and suggestions for reform." Children Australia 22, no. 3 (1997): 26–34. http://dx.doi.org/10.1017/s1035077200008269.
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One of the main reasons why the current South Australian criminal justice system fails to provide an appropriate response to the issue of child sexual abuse is that the legislation proscribing this conduct does not reflect the dynamics of child molestation. As a result the penalties imposed by the Courts fail to recognise the seriousness of these crimes against children. The adoption of the legislative scheme of the Crimes (Child Sex Tourism) Amendment Act 1994 (Cth) would provide a framework for the reassessment of these crimes and hopefully lead to a more realistic response by the justice system.
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Cho, Sung-je. "A Suggestion to Legislate of Safety Municipal Ordinance." Journal of Legal Studies 27, no. 1 (2019): 279–98. http://dx.doi.org/10.35223/gnulaw.27.1.11.
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Sun-Pil Eum. "Legislative Process of the 18th National Assembly: Analysis and Suggestions." Journal of hongik law review 13, no. 2 (2012): 131–75. http://dx.doi.org/10.16960/jhlr.13.2.201206.131.
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MIRONOV, NIKOLAI. "Russia--Democracy Without Freedom of Speech? : A Few Legislative Suggestions." Russian Politics & Law 43, no. 1 (2005): 70–76. http://dx.doi.org/10.1080/10611940.2005.11066944.
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Gavison, Ruth. "Custom in the Enforcement of the Law: The Power of the Attorney-General to Stay Criminal Proceedings." Israel Law Review 21, no. 3-4 (1986): 333–57. http://dx.doi.org/10.1017/s0021223700009183.
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This article is a synopsis of a monograph which will be published shortly (in Hebrew) by the Harry Sacher Institute for Legislative Research and Comparative Law. I dedicate it to Professor Tedeschi because he was the one who triggered it ten years ago, with his suggestion that the study of law, and especially the study of contexts of discretion in the law, cannot be complete without detailed studies of the ways in which officers in practice use their powers. Custom thus has an easily overlooked importance as a source of law even in modern systems, in the many areas in which mere knowledge of the normative framework within which powers are exercised is insufficient for a knowledge and understanding of the law.Tedeschi's suggestion seemed correct on its face, to an extent sufficient to motivate me to leave theorizing about law from the armchair and look into the practice of law enforcement. I emerged from the adventure even more convinced of his insight than when I started.While working on the subject I realized that comparative analysis was also of relevance to such questions, and that important questions were raised about the utility of such analyses in attempts to solve one's problems. Again I have found that Tedeschi articulated the conclusion I have reached in an early article published years ago.So these insights of his were added to the many things for which I am indebted to Professor Tedeschi: the solid commitment to legal scholarship for which he has always stood; the varied, persistent and prolific interest he has in all things legal and in the life-problems which the law seeks to regulate, resulting in many essays which are to this day classic in their field; and the fact that he is among the rare scholars who practice what they preach. If we take the importance of custom as an example, Tedeschi insists on including sections on custom in all his articles on legal problems, and in many instances this combination of great analytical strength and attention to social reality is what makes Tedeschi's writings so important. It is rare to have such people as one's teachers, and I feel lucky and grateful to have been his student.The larger study on which this article is based elaborates in some detail these larger jurisprudential questions of the complex relationships between solutions of legal problems (or law reform) and legal theory, empirical research and comparative analysis. Here I shall confine myself to the major findings of my research into the reality and the ideal of the power of the Attorney-General to stay criminal proceedings.
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Finnie, David, and Naseem Ameer Ali. "The New Zealand Construction Contracts Amendment Act 2015 - For Better or Worse?" Construction Economics and Building 15, no. 4 (2015): 95–105. http://dx.doi.org/10.5130/ajceb.v15i4.4544.
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Adjudication has been statutorily introduced as an alternative dispute resolution method in 14 jurisdictions including New Zealand. Whilst adjudication under the New Zealand Construction Contracts Act 2002 has been hailed a success, further refinements were proposed in the Construction Contracts Amendment Bill first published in 2013. As part of the legislative process, 48 submissions were made to the Commerce Committee. There was general support for most of the amendments, but some parties expressed concerns on some of the changes. A documentary analysis of the Amendment Bills and submissions to the Commerce Committee was made to critically evaluate the changes proposed and establish if they were improvements. The findings show the major changes proposed include (i) removing most of the distinctions between the treatment of residential and commercial contracts under the Act, (ii) extending the scope of the Act to apply to contracts for certain professional services, (iii) removing the distinction between enforcement of payment determinations and of those relating to rights and obligations, and (iv) making the enforcement process more efficient. The findings also show that during a period of over two years from when the Bill was first introduced in January 2013, one other significant improvement for retentions to be held in trust was made. A few proposals to further refine the Bill such as the suggestion to mandate retentions to be kepts in a separate trust account were however not accepted. The Construction Contract Amendment Bill (Bill 97-3) was uninanimously passed during the third and final reading in Parliament on 20 October 2015 with most of the amendments coming into force on 1 December 2015, those incorporating professional services on 1 September 2016, and the retention provisions on 31 March 2017. Royal assent was given on 11 October 2015 leading to the enactment of the Construction Contracts Amendment Act 2015.
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Kharaim, Irina Vladimirovna. "FOREIGN EXPERIENCE OF THE PUBLIC POLICY OF IMPLEMENTATION OF THE INSTITUTION OF “CONSULTING ENGINEER” IN CONSTRUCTION: EXPERIENCE OF ROMANIA, POLAND AND HUNGARY." UKRAINIAN ASSEMBLY OF DOCTORS OF SCIENCES IN PUBLIC ADMINISTRATION 1, no. 13 (2018): 204–15. http://dx.doi.org/10.31618/vadnd.v1i13.147.
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The article is devoted to the research of innovative development of the public policy concerning the implementation of the institution “consulting engineer” in the construction, in the context of Ukraine’s integration into the world economic space. An assessment of the main FIDIC documents used in Romania, Poland, Hungary for the organization and conduction of public procurement has been carried out. The suggestion is made that the best adaptation of international experience to the domestic realities of the consulting engineer can take place under the condition of cooperation between Ukraine and the countries of Eastern and Central Europe, with which it is most closely connected both with historical traditions and with economic aspects. It is noted that the main problems facing Romania’s employers in the field of construction during the development of projects were as follows: a slow procedure for ensuring proper access to the construction site; errors in the source planning data; errors in the data on the location of the object; a slow procedure for obtaining permits through bureaucracy and legislative difficulties for construction; limitation and delay of payment for the performed work, including the salary of the engineer-consultant. In these circumstances, more and more attention was needed not to questions regarding the progress of construction work, but to fulfill the requirements for their implementation. It was substantiated that in Polish practice the role of the consultant engineer was limited to performing the functions of the customer representative in accordance with the clear instructions of the latter. The reason for this situation was the conflict between two contracts: the engineer’s contract and the main contract. This led to a burst of court appeals, because instead of a neutral position of risk-manager between the customer and the contractor, the engineer became the defendant on the battlefield.
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Coleman, Theophilus Edwin. "Reflecting on the Role and Impact of the Constitutional Value of uBuntu on the Concept of Contractual Freedom and Autonomy in South Africa." Potchefstroom Electronic Law Journal 24 (March 29, 2021): 1–68. http://dx.doi.org/10.17159/1727-3781/2021/v24i0a8727.
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Private parties have the freedom and autonomy to enter into a contract. This autonomy is deeply rooted in their dignity and personal liberties. Private individuals, in furtherance of their autonomy and freedom to enter into a contract, have certain reasonable expectations, most fundamental of which is the desire that maximum respect is given to their legitimately concluded agreement. The concept of contractual freedom and autonomy connotes the idea that private individuals (natural and juristic) have the liberty to arrange their affairs in a manner that meets their economic interest without governmental inhibition, control and/or interference. However, the operative scope and the practical manifestations of the concept of contractual freedom are circumscribed in the constitutional, statutory, legislative and other socio-cultural orders of States. This article seeks to reflect on the role and influence of the constitutional value of ubuntu on the principle of contractual freedom and autonomy, and the naturally accompanying concepts of pacta sunt servanda and sanctity of contract in South Africa. The article provides an analysis of the judicial interpretation and views on the concept of contractual freedom and autonomy relative to other competing values that underlie the Constitution of the Republic of South Africa. Furthermore, the article appraises the impact of those judicial views on international commercial agreements. The article also discusses the extent to which communitarian values such as the concept of ubuntu have been infused into South African contract law and further reflects on the implication of infusing such communitarian values in both domestic and international contracts. The article concludes with a suggestion that the introduction of traditional African values in South African contract law fundamentally alters the theoretical foundations of the principle of contractual freedom and autonomy in both domestic and international contracts.
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Landrum, Nancy E. "The Global Goals: bringing education for sustainable development into US business schools." International Journal of Sustainability in Higher Education 22, no. 6 (2021): 1336–50. http://dx.doi.org/10.1108/ijshe-10-2020-0395.
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Purpose This paper aims to learn how sustainability and the circular economy were being integrated into the curriculum of a Dutch university and to transfer that knowledge back to a US university business school curriculum. Given the resistance toward integrating sustainability into the US business school curriculum, the Dutch university served as a role model for education for sustainable development. Design/methodology/approach This case study used ethnographic methods of participant observation over a four-month residency at the Dutch university. Findings Themes observed are as follows: success in the current context relied upon sustainability being integrated into the culture and lifestyle, legislative enforcement, a focus on urban sustainability, use of the Sustainable Development Goals (SDGs) and collaboration as a key to success. The course proposal shifted to a class on the SDGs which is broader, more inclusive, and interdisciplinary. The proposal to integrate circular economy into the US business school curriculum shifted to a class on the SDGs. It was determined that the SDGs presented a more amenable approach to introduce sustainability into the business school curriculum and meet the objectives of education for sustainable development. Research limitations/implications This case study is based upon the author’s experience at one university in the Netherlands. Limitations include the generalizability of the findings to another university as well as the question of transferability across cultures. Practical implications This case study offers one suggestion for integrating sustainability into the business school curriculum. Social implications Integrating sustainability into the business school curriculum through the SDGs might help overcome resistance. Originality/value The findings offer an alternative approach for integrating sustainability into the business school curriculum that is aligned with AACSB standards and which might face less resistance.
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Liang, Huigang, Xiaowei Xiang, Haixia Ma, and Zhiming Yuan. "History of and suggestions for China’s biosafety legislation." Journal of Biosafety and Biosecurity 1, no. 2 (2019): 134–39. http://dx.doi.org/10.1016/j.jobb.2019.08.002.
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