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1
Feldman, David, and Mark Gould. "Legalism and English Administrative Law: Comment on Sterett." Law & Social Inquiry 17, no. 01 (1992): 89–100. http://dx.doi.org/10.1111/j.1747-4469.1992.tb00932.x.
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In a recent issue of this journal (Volume 15, Number 4, Fall 1990), Susan Sterett examined the role of the Law Commission in the development of English administrative law. She suggested that the Commission mimicked a “peak association” and adopted an “idiom of legalism” in order to justify its reform proposals. This comment disagrees with Sterett on three grounds. First, the role and constitutional position of the Commission is far more complex than Sterett suggests, and this affects the way in which the Commission works. Second, judges and academic lawyers were central to the reform of substantive principles of judicial review in the 1960s and 1970s, making it unnecessary for the Law Commission to act in this field. Finally, it is wrong to ignore the fact that much administrative law occurs outside the judicial review procedure.
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Richardson, Ivor LM. "Anthony Angelo and Law Reform in Mauritius." Victoria University of Wellington Law Review 39, no. 4 (December 1, 2008): 547. http://dx.doi.org/10.26686/vuwlr.v39i4.5477.
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The author, former Professor and Dean of Law at Victoria University of Wellington and President of the Court of Appeal, discusses his experience working a law reform project in Mauritius with Professor Tony Angelo. As the author has experience in income tax reform, the article focuses on Professor Angelo's legislative drafting and policy development in relation to income tax law. Professor Angelo is described as a "one man Law Reform Commission" regarding his role in Mauritius, and discusses the importance of rules relating to technical interpretation and accessibility.
3
Mufune, P. "Land Reform Management in Namibia, South Africa and Zimbabwe." International Journal of Rural Management 6, no. 1 (April 2010): 1–31. http://dx.doi.org/10.1177/097300521100600101.
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Arden, Dame Mary. "Time for an English Commercial Code?" Cambridge Law Journal 56, no. 3 (November 1997): 516–36. http://dx.doi.org/10.1017/s0008197300098561.
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Parliament has imposed on the Law Commission the duty to review the law of England and Wales “with a view to its systematic development and reform, including in particular the codification of [the] law … and generally the simplification and modernisation of the law”. There are a number of points which flow from this. First, as a body which reviews great swathes of the common law to see if they require to be modernised or simplified, the Law Commission has a unique standpoint from which to view the strengths and weaknesses of the common law method. Second, it has unique experience of law reform and the Parliamentary process. Third, in discharge of its functions, it has an interest in seeing that, if codification is appropriate, a recommendation to that effect is made to the Lord Chancellor. It need not be the Law Commission which carries out the recommendation, and indeed the Law Commission could not carry out a project purely of its own initiative.
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Buckley, R. A. "Illegal transactions: chaos or discretion?" Legal Studies 20, no. 2 (June 2000): 155–80. http://dx.doi.org/10.1111/j.1748-121x.2000.tb00138.x.
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The provisional proposals of the Law Commission for reform of the law relating to illegal transactions are examined in relation to proposals for reform of the same area of the law in other Commonwealth jurisdictions. The working in practice of the New Zealand Illegal Contracts Act 1970 is considered, and judicial development of the law in Canada and Australia is contrasted with the reluctance of the judiciary in England to embark upon systematic reform. The conclusion is reached that there is a proven need for a move away from rigidity and literalism towards a legitimated judicial discretion enabling the great variety of factors in illegality cases to be weighed. Furthermore, the artificial and arbitrary notion of ‘reliance’ upon illegality should be abrogated. Only statutory reform of the law along the lines provisionally proposed by the Law Commission is capable of bringing about these changes in England.
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Wade, Clare. "Prevention of Harm—Legislative Strategies for Law Reform." Journal of Criminal Law 72, no. 3 (June 2008): 236–50. http://dx.doi.org/10.1350/jcla.2008.72.3.500.
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This article looks at the development of preventative civil measures with criminal sanctions and the ways in which they are influencing criminal law. It argues that serious crime prevention orders in Part 1 of the Serious Crime Act 2007 are a part of this trend and further, that they undermine traditional notions of due process. The provisions of Part 1 of the Serious Crime Act 2007 are contrasted with Part 2 of the Act. The article also argues that the new inchoate offence of encouraging and assisting crime and the Law Commission proposals for conspiracy will provide sufficient measures against future harm therefore obviating the need for civil preventative orders.
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Heyns, Piet. "Water institutional reforms in Namibia." Water Policy 7, no. 1 (February 1, 2005): 89–106. http://dx.doi.org/10.2166/wp.2005.0006.
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After years of colonial rule and a long struggle to end external administration, Namibia became independent in 1990. The realization of political reform within a modern democratic framework has called for wide-ranging reforms in all sectors of the economy to which the water sector is not an exception. Institutional reforms in the water sector were undertaken with an overall aim of introducing integrated water resources management as a durable solution to the water challenges of the arid environment prevailing in Namibia. The reforms included the development of a new national water policy, the preparation of draft legislation, and new organizational changes to develop, manage and regulate activities in the water sector. Although institutional reforms in the water sector are necessary to meet the demands of a new nation, they cannot succeed without the required level of skill and capacity both within and outside water administration. While it is relatively easier to formulate new policies, promulgate legislation and create new organizations, it is very difficult for an emerging country to develop quickly the human capacity necessary to handle the reforms, especially when inadequate funding constraints create a conflict between resource development and capacity building.
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MacQueen, Hector L. "Remedies for Breach of Contract: The Future Development of Scots Law in its European and International Context." Edinburgh Law Review 1, no. 2 (January 1997): 200–226. http://dx.doi.org/10.3366/elr.1997.1.2.200.
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This paper,first presented on 21 October 1995 at ajoint seminar ofthe Scottish Law Commission and the Faculty of Law, University of Edinburgh, on the subject of breach of contract, considers the future development of the law in this area, first by considering its history and current state in comparative terms and drawing the conclusion that it is characterised by a mixture of Civilian and Common Law elements; second, by comparing Scots law with the provisions on breach contained in recently published proposals for a harmonised law of contract (the UNIDROIT Principles of International Commercial Contracts, the Principles of European Contract Law prepared by the Lando Commission, and the draft “code”for the United Kingdom prepared on behalf of the English Law Commission by Harvey McGregor in the late 1960s) and in international conventions on the sale of goods. Although Scots law emerges reasonably wellfrom this exercise, there are a number of points to be taken on board in any future reform, as well as some insights into important underlying principles.
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White, Benjamin Thomas. "Addressing the State: The Syrian ʿUlamaʾ Protest Personal Status Law Reform, 1939." International Journal of Middle East Studies 42, no. 1 (January 14, 2010): 10–12. http://dx.doi.org/10.1017/s0020743809990572.
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In February 1939, the Syrian government received two documents from ʿulamaʾ protesting two decrees of the French High Commission that were intended to reform personal status law in Syria: decree 60/L.R. of 13 March 1936 and decree 146/L.R. of 18 November 1938. The first was a petition signed by Muslims from Homs to the Syrian prime minister (pictured); the second was a letter from the Damascus Association of ʿUlamaʾ to the Syrian interior minister.
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Brereton, David. "‘Real Rape’, Law Reform and The Role of Research: The Evolution of the Victorian Crimes (Rape) Act 1991." Australian & New Zealand Journal of Criminology 27, no. 1 (June 1994): 74–94. http://dx.doi.org/10.1177/000486589402700110.
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This paper provides a brief history of the Victorian Crimes (Rape) Act 1991 and examines the role which social science research played in the development of this legislation. The Crimes (Rape) Act was modelled closely on a report of the Law Reform Commission of Victoria. In preparing this report, the Commission undertook a comprehensive quantitative study of rape prosecutions in Victoria, as well as drawing on empirical studies from other jurisdictions. The paper concludes that the impact of the research on the development of the legislation was limited by a number of factors: the decision-making process was relatively unstructured, involved a large number of players, was highly politicised, and had a high symbolic content. However, the collection and dissemination of reliable data did take some of the heat and hyperbole out of the debate, and thereby facilitated a more constructive dialogue. This factor alone made the research worthwhile, given that the rape law reform had in the past been a highly divisive issue in Victoria.
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Marian, Cosmin Gabriel, and Ronald F. King. "Plus ça change: Electoral law reform and the 2008 Romanian parliamentary elections." Communist and Post-Communist Studies 43, no. 1 (February 4, 2010): 7–18. http://dx.doi.org/10.1016/j.postcomstud.2010.01.004.
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Romania reformed the law governing its parliamentary elections between 2004 and 2008, shifting from a complex proportional representation system based on county-level party lists to a complex uninominal system in which each district for the Chamber of Deputies and the Senate elects one representative. The change in law emerged after more than a year of heated political controversies, including partisan and personal animosity between President Basescu and Prime Minister Tariceanu, a failed attempt at impeachment, a deadlocked special electoral commission, a failed popular referendum, an unfavorable constitutional court ruling, and a confusing final accord brokered under deadline. Qualitative comparison of the 2004 and 2008 laws reveals that the heralded reform merely added an additional layer of calculation to the previous electoral system. Quantitative analysis using counterfactual estimation reveals that the new law had absolutely zero effect on the partisan outcome. In the conclusion, we explore the implications of these findings for Romanian politics and the politics of electoral reform more generally.
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Morozova, Elena, and Nadezhda Nizhnik. "Reform of the Russian police: pluralism of approaches to implementation in the middle of the XIX century." Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2020, no. 2 (July 21, 2020): 30–39. http://dx.doi.org/10.35750/2071-8284-2020-2-30-39.
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The reform of the police system is an actual problem of any state, because the situation of the police, which is adequate to the realities of state and legal development, is a required condition for ensuring public order and protecting the state system at various historical stages of the country’s development. Mid XIX century for Russia became a time of transformation of all spheres of public life, which required adjustments to the organization and activities of the police. The article is devoted to the analysis of police reform projects of the 1850–1860s. Turning to these storylines makes it possible to see the complexity of preparing and conducting police reform in the context of the fight between a conservative and enlightened bureaucracy, where each group had its own idea of the structure and competence of the police. The reform projects of the Russian police are characterized on the basis of the analysis of archival materials and published documents of office work of state bodies, prepared by the famous writer, a police official M.E. Saltykov-Shchedrin; the head of the Zemsky department of the Ministry of Internal Affairs Y. A. Soloviev; a commission created by the Main Committee on Peasant Affairs, composed of S. S. Lansky, V. N. Panin, M. N. Muravyev and Y. I. Rostovtsev; Commission on provincial and district institutions led by N. A. Milyutin. It is done the conclusion about the phased implementation of the draft law prepared by the Commission on provincial and district institutions under the leadership of N. A. Milyutin and about the attention of the government to the organization and functioning of the police is a condition for maintaining law and order and an important factor in the sustainable progressive development of the state at each stage its historical development.
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Saleth, R. Maria, and Ariel Dinar. "Water institutional reforms: theory and practice." Water Policy 7, no. 1 (February 1, 2005): 1–19. http://dx.doi.org/10.2166/wp.2005.0001.
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This paper aims to set the stage with an outline of the conceptual, analytical and theoretical aspects of water institutional reforms and a synthesis of the main findings from the reform experiences of six countries: Australia, Chile, Morocco, Namibia, South Africa and Sri Lanka. Utilizing the latest developments in the literature on the subject, this paper presents the analytics of unbundling water institutions to show their endogenous and exogenous linkages, the transaction cost approach as a diagnostic framework for understanding the role of factors affecting water institutions, and a stage-based perspective to provide insights into the internal mechanics and dynamics evident in the process of water institutional change. Using this analytical framework and theoretical approach, this paper also identifies a few practically relevant principles for reform design and implementation. Based on a review of country reform experiences, the paper also synthesizes reform theories with actual practices by providing anecdotal evidence for various theoretical postulates and practical reform principles.
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Keith, Ronald C., and Zhiqiu Lin. "The “Falun Gong Problem”: Politics and the Struggle for the Rule of Law in China." China Quarterly 175 (September 2003): 623–42. http://dx.doi.org/10.1017/s0305741003000377.
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This article examines the CCP's “falun gong problem” with reference to PRC law and policy on “heretical cults,” paying particular attention to the implications of this problem for the ongoing struggle to establish human rights under the rule of law. Official PRC commentary contends that the falun gong not only committed criminal acts but also wilfully sought to undermine the rule of law itself. Human rights critics and agencies, such as the US Commission on International Religious Freedom, have, on the other hand, attacked the PRC for a “repressive legal framework” that threatens human rights. The “falun gong problem” is an important chapter in the struggle for the rule of law in China, and it appears that the law has not been able to transcend the conceptual bias of past criminal law on counter-revolution. The related politicization of the law through a revived principle of “flexibility” challenges the internal process of criminal justice reform and the recent reform focus on the balance of human rights protection and public order.
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INMAN, Derek. "From the Global to the Local: The Development of Indigenous Peoples’ Land Rights Internationally and in Southeast Asia." Asian Journal of International Law 6, no. 1 (February 4, 2015): 46–88. http://dx.doi.org/10.1017/s2044251314000356.
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Despite a noticeable shift in recent years, indigenous peoples in Asia continue to experience many forms of human rights violations, with the most serious perhaps being the loss of traditional lands and territories. The purpose of this paper is to examine indigenous peoples’ land rights and its application in Southeast Asia. To that end, the paper will provide an overview of the development of indigenous peoples’ land rights internationally; offer regional perspectives from the Inter-American Court of Human Rights and the African Commission for Human and Peoples’ Rights; analyze the concept of indigenous peoples in Asia, juxtaposing it with concurrent difficulties being experienced on the African continent; examine three countries (Cambodia, the Philippines, and Malaysia) that recognize indigenous peoples’ land rights to some extent, whether through constitutional amendments, legislative reform, or domestic jurisprudence; and highlight the implementation gap between the rights of indigenous peoples in law and practice.
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O’Keefe, Roger. "An “International Crime” Exception to the Immunity of State Officials from Foreign Criminal Jurisdiction: Not Currently, Not Likely." AJIL Unbound 109 (2015): 167–72. http://dx.doi.org/10.1017/s2398772300001379.
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The happiest outcomes of the work of the International Law Commission (ILC) result when those charged with reporting on a topic elucidate the existing law with maximum objectivity and accuracy and when, where desired, they formulate such possibilities for its avowed progressive development as find a solid basis in emerging practice or international jurisprudence and are unlikely to arouse implacable opposition among members of the Commission or member states of the General Assembly. This history should be foremost in the minds of those presently leading the Commission’s work on the immunity of state officials from foreign criminal jurisdiction as they come next session to report on possible limitations on and exceptions to such immunity. Whether the eventual aim is codification or reform, any consideration of this most controverted and combustible of contemporary questions of international law that is not based on an impartial and convincing assessment of relevant state practice and international case-law and that misreads the political temper of the times will end in tears, in the Commission itself and even more so in the Sixth Committee of the General Assembly.
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Harrison, Mark, Patrick F. Walsh, Shane Lysons-Smith, David Truong, Catherine Horan, and Ramzi Jabbour. "Tradecraft to Standards—Moving Criminal Intelligence Practice to a Profession through the Development of a Criminal Intelligence Training and Development Continuum." Policing: A Journal of Policy and Practice 14, no. 2 (August 6, 2018): 312–24. http://dx.doi.org/10.1093/police/pay053.
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Abstract Australian governments, academia, and law enforcement agencies have recognized the need to improve intelligence capabilities in order to adapt to the increasingly complex criminal and security environments. In response, the Australian Criminal Intelligence Commission (ACIC), the Australian Federal Police (AFP) and other Australian policing agencies have adopted several reform measures to improve intelligence capability support. While some have focused on developing specific criminal intelligence doctrine, others have sought to improve more challenging aspects of intelligence capability such as analytical and field collection workforce planning. The complexity of the current and emerging criminal environment and a growing professionalization of policing practice more broadly has resulted in a uniquely new strategic approach to developing the analytical and field collection workforce. This article surveys the development of an Australian Criminal Intel Training and Development Continuum (CITDC). The continuum is an end-to-end continuing professional development framework for criminal intelligence analysts and field intelligence officers that monitor proficiency, competence, and knowledge achievement through pre-entry aptitude testing, rigorous class room, and workplace mentoring. The continuum is designed at the post-graduate level and articulates with Charles Sturt University’s MA (Intelligence Analysis). The article argues that both the philosophy of rigorous standards and the learning underpinning the continuum are having demonstrable and positive outcomes for intelligence practitioners and the investigative workforce they support.
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HARRISON, JAMES, MIRELA BARBU, LIAM CAMPLING, FRANZ CHRISTIAN EBERT, DEBORAH MARTENS, AXEL MARX, JAN ORBIE, BEN RICHARDSON, and ADRIAN SMITH. "Labour Standards Provisions in EU Free Trade Agreements: Reflections on the European Commission's Reform Agenda." World Trade Review 18, no. 4 (August 2, 2018): 635–57. http://dx.doi.org/10.1017/s1474745618000204.
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AbstractLabour standards provisions within the Trade and Sustainable Development (TSD) chapters of EU Free Trade Agreements (FTAs) are presented as a key element of the EU's commitment to a ‘value-based trade agenda’. But criticism of TSD chapters has led the European Commission to commit to improving their implementation and enforcement, creating a critical juncture in the evolution of the EU's trade–labour linkage. This contribution synthesizes findings from academic studies that have examined the effectiveness of labour standards provisions in EU FTAs. It then considers the reform agenda as presented by the European Commission, and explains how some of the proposals could tackle failures identified. However, it also argues that there are various limitations with the Commission's current proposals, and outlines how legal obligations and institutional mechanisms created by trade agreements could better be harnessed to improve working conditions and rights at work around the world.
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Heffernan, Liz. "The Community Courts Post-Nice: A European Certiorari Revisited." International and Comparative Law Quarterly 52, no. 4 (October 2003): 907–33. http://dx.doi.org/10.1093/iclq/52.4.907.
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In December 2000 the European heads of government, gathered at Nice, took several important steps in the constitutional development of the European Union. Chief among them are the various provisions in the Treaty of Nice1 disposing of the so-called ‘Amsterdam leftovers’, ie, those issues of institutional reform left unresolved by the Treaty of Amsterdam. The central focus of IGC 2000, and of the publicity surrounding its negotiations, was reform of the political institutions, notably the Commission and the Council, in preparation for enlargement. Reform of the Community courts was a less conspicuous but, ultimately, no less important item on the agenda. In the case of the judicial branch, the new provisions are inspired in large part by the well-publicised need to remedy overburdened dockets and the attendant inefficiencies in the administration of justice in Luxembourg.2
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Coldham, Simon. "The Wills and Administration of Testate Estates Act 1989 and The Intestate Succession Act 1989 of Zambia." Journal of African Law 33, no. 1 (1989): 128–32. http://dx.doi.org/10.1017/s0021855300008056.
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After conducting research into the customary law of succession and considering the various arguments for and against reforming succession law, in 1982 the Law Development Commission published a report which favoured reform and which contained a draft bill dealing with testate and intestate succession, and with family provision. Now two laws have been enacted, the one governing wills and the administration of testate estates, the other governing intestacy and the administration of intestate estates. Although there are obvious similarities between the draft bill and the new laws, there are also significant differences. It is not only that the draft bill did not deal with the administration of estates, but that several of its key provisions relating to wills and intestacy have been modified or abandoned.
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Long, Ronán. "The Role of Regional Advisory Councils in the European Common Fisheries Policy: Legal Constraints and Future Options." International Journal of Marine and Coastal Law 25, no. 3 (2010): 289–346. http://dx.doi.org/10.1163/157180810x516980.
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AbstractOne of the outcomes of the reform of the European common fisheries policy (CFP) in 2002 was the establishment of Regional Advisory Councils (RACs) to enable the European Commission to benefit from the knowledge and experience of stakeholders in the formulation and implementation of fisheries management measures by the European institutions. RACs are now in operation for the Baltic Sea, the North Sea, North-Western Waters, South-Western Waters, the High-Seas/Long-Distance Fleet, Pelagic Stocks, and the Mediterranean Sea. The CFP will be subject to further reform in 2011. This article reviews the legal constraints and future prospects for enhancing RAC participation in decision-making within the European institutions in light of the Commission’s proposals tabled in the 2009 Green Paper on Reform of the CFP and changes to European law resulting from the Lisbon Treaty.
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Szyszczak, Erika. "Social Policy." International and Comparative Law Quarterly 52, no. 4 (October 2003): 1013–21. http://dx.doi.org/10.1093/iclq/52.4.1013.
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The Barcelona Summit of March 2002 provided the catalyst for further coordination and synchronisation between the social and economic dimensions of the Lisbon Strategy framework. The definition of the ‘European Social Model’ as ‘good economic performance, a high level of social protection and education and social dialogue’ has become a working definition underpinning the direction of social policy in official publications.1 The Barcelona Presidency also led to the adoption of a streamlined set of Employment Guidelines, Recommendations to the Member States and Broad Economic Policy Guidelines on the same day, heralded as an ‘instrument for economic governance’ by the Commission.2 The reform of the European Employment Strategy (EES) concentrates upon the problems and weaknesses of the EES identified in the evaluation of the first 5 years of the Strategy.3 The Commission identified four central issues for reform, focusing upon the need to set clear objectives (which include priorities and targets), the need to simplify the policy guidelines, the need to improve governance and ensure greater consistency and complementarity with other EU processes. A new development on the eve of the Spring Council (the Brussels Summit) on 20–21 March 2003 was a ‘Social Summit’ attended by a troika of the Heads of State/Government of the past, current and future Presidencies, the Commission and the Social Partners. One outcome of this Summit was the creation of a new eight-member task force, chaired by Wim Kok.4 The aim of the European Employment Task Force is to investigate practical steps to prompt the Member States to implement the new revised EES endorsed at the Spring Summit. The Task Force will report to the Commission in time to draft the Joint Employment Report for the annual Spring Summits.
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Etherton, Terence. "The Universality of the Rule of Law as an International Standard." Israel Law Review 51, no. 3 (October 24, 2018): 469–83. http://dx.doi.org/10.1017/s0021223718000195.
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In a report to the Security Council of the United Nations in August 2004 the UN Secretary General said that ‘the rule of law’ is a concept at the very heart of the UN's mission. In September 2015 the UN agreed a set of Sustainable Development Goals (STGs) for 2015–30, which came into force on 1 January 2016. Goal 16.3 of the SDGs enshrines a commitment by all UN members to ‘promote the rule of law at the national and international levels, and to ensure equal access to justice for all’. In March 2016 the Council of Europe's Commission for Democracy through Law, known as the Venice Commission, published a report which said that the rule of law is a concept of universal validity. It observed that in an increasing number of cases states refer to the rule of law in their national constitutions. The rule of law is expressly mentioned in a United Kingdom statute: section 1 of the Constitutional Reform Act 2005 says that the Act does not adversely affect the existing constitutional principle of the rule of law. The statute, however, does not contain any definition of the rule of law; nor does any other UK statute. There is no legally binding definition anywhere.
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Börstinghaus, Volker, and Andrea Weinelt. "Steuerreform 2000 – Entlastungswirkungen und Investitionsanreize für Personenunternehmen gemessen an Alternativen." Perspektiven der Wirtschaftspolitik 3, no. 1 (February 2002): 105–16. http://dx.doi.org/10.1111/1468-2516.00077.
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Abstract This paper outlines the tax reliefs and the investment incentives for partnerships that can be expected from the current tax reform in Germany. We therefore compare the enacted law with concepts that have been submitted by the socalled „Bruehler Commission“. After a brief description of the different alternatives our analysis continues with the calculation and evaluation of average and marginal tax rates for selected income groups. As a result it is argued that the alternative proposals lead to unequally distributed tax reliefs between different income groups and generate weaker investment incentives. Thus we support the enacted law.
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Finn, Jeremy. "John James Meikle and the Problem of the Wrongly Convicted: An Enquiry into the History of Criminal Appeals in New Zealand." Victoria University of Wellington Law Review 41, no. 3 (November 1, 2010): 519. http://dx.doi.org/10.26686/vuwlr.v41i3.5217.
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This article investigates the development of the law governing of appeals in criminal cases in New Zealand, and the substantial though neglected history of agitation for recourse for the wrongly convicted. It uses as a lens the story of John James Meikle, a farmer convicted of sheep stealing in 1887, who later successfully prosecuted the principal prosecution witness for perjury, successfully petitioned Parliament for compensation, was the subject of a Royal Commission into his conviction and, uniquely, was declared innocent by an Act of Parliament in 1908. Meikle's case was one of several highly publicised cases in the period 1880-1910 which demonstrated serious shortcomings in the law and led to parliamentary and public calls for reform. By 1910, calls for enactment of legislation on the lines of the Court of Criminal Appeal (established 1907) received wide supporting in parliament and from the judiciary. The article concludes by looking at the reasons why, despite this level of consensus, reform legislation was delayed until 1945.
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Staunton, Ciara. "The regulation of stem cell research in Ireland: From the Commission on Assisted Human Reproduction to the Assisted Human Reproduction Bill 2017." Medical Law International 18, no. 1 (March 2018): 35–58. http://dx.doi.org/10.1177/0968533218764543.
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In 2005, Ireland’s Commission on Assisted Human Reproduction (CAHR) published a comprehensive report on the regulation of assisted reproduction and associated technologies. Yet since that report, successive Irish governments have failed to bring forth any legislation on this matter. This legislative inaction has resulted in a situation whereby the embryo in vivo has the right to life under the Irish Constitution, but embryos in vitro have no protection in law. Irish policymakers have also endorsed and funded embryonic stem cell research (ESCR) at a European level but continue to prevent researchers in Ireland from accessing any public funds for this research. The publication in October 2017 of the General Scheme of the Assisted Human Reproduction Bill 2017 is thus a welcome development. However, further reading of the Bill reveals that it is restrictive in nature and is likely to stifle research in Ireland. This article will discuss the legal, ethical and scientific developments that have occurred since the CAHR report and the impact, if any, they have had on the development of this Bill. It will critically reflect on provisions of the Bill as they relate to ESCR and make a number of suggestions for reform.
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Betlem, Gerrit. "Standing for Ecosystems—Going Dutch." Cambridge Law Journal 54, no. 1 (March 1995): 153–70. http://dx.doi.org/10.1017/s0008197300083197.
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Traditionally, common lawyers are used to examining other jurisdictions of their legal family as a source of inspiration for law reform or even as persuasive authority for the development of case law. Developments in continental civil law jurisdictions are less noted. However, particularly in the field of public law, English law is now being influenced by civil law concepts through the mediation of Community law.1 Product liability provides an example in private law of rules shared by the civil and common law jurisdictions of the European Union due to harmonisation by the Product Liability Directive. An important new area of non-contractual liability is environmental liability. Firmly established in the United States, liability for damage to the environment is increasingly being introduced in many countries around the world.3 In the European Union, the first step towards Community-wide legislation was taken in March 1993 with the publication of a Green Paper by the Commission.4 One of the many controversial aspects of a possible environmental liability regime is the issue of standing to sue.
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Lifshits, Ilya. "Financial Transactions Tax as an Integration Development Instrument in the EU." Contemporary Europe, no. 98 (October 1, 2020): 165–72. http://dx.doi.org/10.15211/soveurope52020165172.
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The adoption of a legal instrument relating to the harmonization of the ten Member States‟ laws on the financial transaction tax could be the first attempt in the EU history to establish an enhanced cooperation in the area of taxation. This project should be considered in the wider context of the financial sphere reform, which was caused by the global financial crisis. The draft Directive implementing enhanced cooperation in the area of the financial transaction tax has been discussed in the Council for 7 years but an accord has not been reached yet. The ambition of the European Commission to enlarge the scope of the financial transaction tax payers as much as possible is perceived by the non-participating Member States as an encroachment of their tax jurisdiction which contradicts the international customary law as well as The Treaty on the Functioning of the European Union. An examination of the reasons of unsuccessful negotiations may lead to a conclusion on drawbacks of the enhanced cooperation in taxation policy. It is not likely that this mechanism would be used in the future to tax a very mobile financial market where the tax base may be easily transferred to the non-tax states. Meanwhile the participation of the leading EU States in the project, a wide public support of the „Robin Hood Tax‟ and Brexit suggest that in the coming months financial transactions in ten Member States will be charged by the harmonized tax. However, the scope of the tax would be reduced in comparison with that in the initial draft of the European Commission.
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Biedenkopf, Katja, Sarah Van Eynde, and Hayley Walker. "Policy Infusion Through Capacity Building and Project Interaction: Greenhouse Gas Emissions Trading in China." Global Environmental Politics 17, no. 3 (August 2017): 91–114. http://dx.doi.org/10.1162/glep_a_00417.
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Capacity-building projects can be a vehicle for fostering policy diffusion. They should not, however, be considered as exclusively externally driven; the receiving jurisdiction’s receptiveness and leverage to steer the design of those projects can be crucial factors, shaping the process of infusing different external policy expertise and experiences into domestic policy design and implementation. This article shows that the Chinese National Development and Reform Commission (NDRC) has played a key role in steering the capacity-building efforts of external financiers in the case of greenhouse gas (GHG) emissions trading. The focus here is twofold: analyzing, on the one hand, the interaction among capacity-building projects financed by different external financiers, and on the other, the role that central actors and brokers can play in the complex structure of interacting projects.
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Zhang, Angela Huyue. "Strategic Public Shaming: Evidence from Chinese Antitrust Investigations." China Quarterly 237 (January 10, 2019): 174–95. http://dx.doi.org/10.1017/s0305741018001340.
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AbstractThis article examines strategic public shaming, a novel form of regulatory tactics employed by the National Development and Reform Commission (NDRC) during its enforcement of the Anti-Monopoly Law. Based on analysis of media coverage and interview findings, the study finds that the way that the NDRC disclosed its investigation is highly strategic depending on the firm's co-operative attitude towards the investigation. Event studies further show that the NDRC's proactive disclosure resulted in significantly negative abnormal returns of the stock prices of the firm subject to the disclosure. For instance, Biostime, an infant-formula manufacturer investigated in 2013, experienced −22 per cent cumulative abnormal return in a three-day event window, resulting in a loss of market capitalization that is 27 times the antitrust fine that it ultimately received. The NDRC's strategic public shaming might therefore result in severe market sanctions that deter firms from defying the agency.
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Edwards, Quentin. "The Origin and Founding of the Ecclesiastical Law Society." Ecclesiastical Law Journal 5, no. 26 (January 2000): 316–19. http://dx.doi.org/10.1017/s0956618x0000380x.
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There was an ecclesiastical law shaped hole in the Church of England from the dissolution of Doctors' Commons in 1857 until 1987 when it was filled by the formation of the Ecclesiastical Law Society. In 1947, forty years earlier, the Archbishops' Canon Law Commission had suggested how the hole might be filled. The Commission was appointed in 1939 and published its report under the title The Canon Law of the Church of England (SPCK, 1947). The Report consisted of a learned and authoritative review of the sources of English canon law and made recommendations for its reform, in particular by appending to the Report a body of suggested revised canons. Included in the Report was the following paragraph expressing the hope that a society might be formed for the study of canon law:‘The success of a new code of canons will to a great extent depend on a wider knowledge than at present exists among the clergy of the law of the Church of England, its nature, history, development, and particular characteristics; and it is hoped that the previous chapters of this Report will provide an elementary introduction to the subject. We recommend therefore that those who are responsible for the training of ordination candidates and for the post-ordination training of the clergy should be asked to consider what steps can be taken to give both ordinands and clergy a more professional knowledge of the Church's law and constitution. In giving evidence before the Ecclesiastical Courts Commission in 1883 the late Sir Lewis Dibdin pointed out that since the disappearance of Doctors' Commons in 1857 there had really been no method of teaching or preserving a knowledge of the Ecclesiastical Law. It is impossible at this stage to revive anything like Doctors' Commons, but we would suggest that a society, consisting of clergy, professional historians, and lawyers, be formed for the purpose of studying the Ecclesiastical Law and of suggesting ways in which that law either needs alteration or can be developed to meet new needs. As a rule there is far too little contact and interchange of ideas and points of view between the clergy and ecclesiastical lawyers, and such a society would give opportunities for this. Such a society would train up a number of people competent to advise and help the clergy in the particular problems of Ecclesiastical Law with which from time to time they are confronted.’
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Malan, MC Schoeman. "Recent Developments Regarding South African Common and Customary Law of Succession." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 10, no. 1 (July 4, 2017): 106. http://dx.doi.org/10.17159/1727-3781/2007/v10i1a2794.
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This article will concentrate on the development in the common law of succession and administration of estates versus the customary law of succession and inheritance as well as the winding up of estates pursuant to constitutional tendencies, case law, and statutory reform over the last ten years. The principles of customary law of succession and inheritance have become a contentious issue since the commencement of the Constitution and Bill of Rights which provide for a human rights dispensation in South Africa. As a pluralistic legal system was retained, the inevitable conflict between the principles of customary law of succession and the Constitution soon came to the fore. Although the South African Law Reform Commission reported on this issue and submitted their recommendations to the Minister of Justice and Constitutional Development, the report was never formally published. Aspects of intestate succession and the administration of estates of deceased blacks were challenged in court on constitutional grounds. This eventually lead to a number of principles of customary law being declared unconstitutional, and consequently invalid, by the Courts who had no choice but to provide relief until such time as the legislature enacted a lasting solution. As far as the intestate succession is concerned, the Intestate Succession Act 81 of 1987 was extended to all persons in South Africa, including those adhering to a system of customary law. No distinction will, for purposes of succession, be made in future between legitimate and illegitimate children, between a first born son and other siblings or between men and women. Notwithstanding several court judgments in this regard, the Intestate Succession Act has not been amended by the Legislature as yet. As far as the historical discrepancy in the winding up and administration of estates is concerned, all estates, including intestate estates of black persons that have to devolve under customary law, in the future will be administered by the Master. Magistrates no longer will be responsible for supervising and administering customary estates.
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Daminova, Nasiya. "Rule of Law vs. Poland and Hungary – an Inconsistent Approach?" Hungarian Journal of Legal Studies 60, no. 3 (January 22, 2021): 236–59. http://dx.doi.org/10.1556/2052.2019.00015.
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The first attempts of the European Commission and Parliament to invoke Art. 7(1) of the Treaty on European Union against the Polish and Hungarian governments demonstrate the EU’s political willingness to claim its own authority in defending core European values (Art. 2 TEU) in case of state disobedience. However, despite these attempts to integrate the Rule of Law concept into the overall EU’s supervisory machinery, the Commission’s and the Parliament’s submissions indicate a lack of coherency in implementing the principle as a relevant tool to address multiple challenges arising within the EU Member States legal systems. The parallel developments in the CJEUs case-law (LM/ML, Torubarov) support this statement. Regardless of the Council’s yes/ no decisions in the Polish and Hungarian cases, these lines of reasoning are capable of giving rise to further questions in application of the European Arrest Warrant Framework decision or the Asylum Procedures Directive, in particular the EU Member States which remain within the scope of the EU’s attention in view of systemic Human Rights violations (Italy, Romania, Bulgaria, Croatia). Moreover, the series of the CJEU’s judgements on the Polish judicial reform are capable of paving the way to the de facto intervention into traditional areas of the EU Member States competence – the organisation of the national judicial systems, in light of the development of a EU-specific principle of effective judicial review.
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Campling, Jo. "Social Policy Digest." Journal of Social Policy 24, no. 2 (April 1995): 261–80. http://dx.doi.org/10.1017/s0047279400024909.
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The Commission on Social Justice set up by the late John Smith presented its proposals for the reform of Britain's tax and benefit system in October (87—22/3—1.8). They included taxing child benefit for higher earners and abolishing married couples′ allowance, a minimum pension guarantee and a national minimum wage. A Social Security Advisory Committee (SSAC) paper on the relationship between private insurance and the state social security system concluded that state benefits must remain the major source of provision for benefits, and suggested that there is only limited scope for further development of private sector alternatives. Meanwhile the 1994 edition of social security statistics showed that 521,320 families received family credit at January 1994, an increase of 119,900 over 1993. In April 1994 there were approximately 540,000 recipients.
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Williams, Peter John, and Angelique Mary Williams. "Sustainability and planning law in Australia: achievements and challenges." International Journal of Law in the Built Environment 8, no. 3 (October 10, 2016): 226–42. http://dx.doi.org/10.1108/ijlbe-06-2016-0008.
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Purpose Since 1992, all levels of government in Australia have pursued a policy of ecologically sustainable development (ESD). Crafted in response to the World Commission on Environment and Development 1987 report Our Common Future (the Brundtland Report), the principles contained in the Australian Government’s National Strategy for Ecologically Sustainable Development have been progressively implemented at the national, state and local levels of government. The purpose of this paper is not only to track the implementation of these principles, through both policy and law in Australia, but also to highlight recent challenges to the concept of ESD using the state of New South Wales (NSW) as a case study. Design/methodology/approach Beginning with a description of the Australian concept of ESD, this paper first examines the implementation of ESD through both policy and legislation at the national level. The state of NSW is then selected for more detailed assessment, with examples of key State government legislation and court decisions considered. Equal emphasis is placed on both the achievements in ESD policy development and implementation through legislation, statutory planning procedures and litigation, as well as the challenges that have confronted the pursuit of ESD in NSW. Findings Since its introduction in 1992, the concept of ESD has matured into a key guiding principle for development and environmental decision-making in Australia. However, in recent years, ESD has been the target of significant challenge by some areas of government. Noteworthy among these challenges has been a failed attempt by the NSW Government to introduce new planning legislation which sought to replace ESD with the arguably weaker concept of “sustainable development”. Apparent from this episode is strong community and institutional support for robust sustainability provisions “manifested through ESD” within that State’s statutory planning system. Originality/value This paper provides an overview of the implementation of ESD in Australia within both a broader international context of sustainable development and specific instances of domestic interpretation and application. It extends this analysis by examining recent public policy attempts to reposition sustainability in the context of statutory planning system reform in NSW.
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Carruthers, Bruce G., and Terence C. Halliday. "Negotiating Globalization: Global Scripts and Intermediation in the Construction of Asian Insolvency Regimes." Law & Social Inquiry 31, no. 03 (2006): 521–84. http://dx.doi.org/10.1111/j.1747-4469.2006.00022.x.
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This article draws from a larger research project on the globalization of bankruptcy law that includes (1) a time-series analysis of all bankruptcy reforms worldwide from 1973 to 1998; (2) participation observation, several hundred interviews and documentary analysis of international financial institutions (IMF, World Bank, Asian Development Bank, European Bank for Reconstruction and Development), international professional associations (International Bar Association, International Federation of Insolvency Practitioners), and world governance organizations (OECD, U.N. Commission on International Trade Law); and (3) case studies of Indonesia, Korea, and China. The globalization of law is a negotiated process. Our research on international organizations and case studies of China, Indonesia, and South Korea indicates that negotiation of the global/local relationship varies by the vulnerability of a country to global forces. Nation-states vary (1) in their balance of power vis-à-vis global actors; and (2) in their social and cultural distance from the global. Yet even where the global/local gap is wide and the asymmetry of power is pronounced, local responses to global pressures are negotiated as much as imposed. Negotiating globalization relies on direct and mediated interactions by several types of intermediaries who translate global scripts into four kinds of outcomes. The impact of intermediaries in this process varies by the phase of the reform in which they participate. Finally, globalizing law proceeds through recursive cycles of lawmaking and law implementation.
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Sjölin, Catarina, and Helen Edwards. "When Misconduct in Public Office is Really a Sexual Offence." Journal of Criminal Law 81, no. 4 (August 2017): 292–302. http://dx.doi.org/10.1177/0022018317712377.
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Misconduct in Public Office (MiPO) covers a wide and varied range of conduct. Beyond the defendant’s public office, there is no unifying conduct or result. A conviction for MiPO could represent putting pressure on a council official to move the route of a proposed road, or a police officer abusing his/her position for sexual gain. Sexual misconduct prosecuted as MiPO falls outside the usual regime for prosecuting and sentencing sexual offences, both obscuring the conduct by the label of MiPO and avoiding sexual offence specific consequences. To examine what kind of sexual offending MiPO has been covering, we analysed newspaper reports and appellate decisions since 2002. This enabled us to identify the conduct MiPO was being used to cover at charge, plea and conviction (or acquittal) stages. We found a significant amount of sexual misconduct being prosecuted as MiPO. We then analysed the sexual conduct to determine the “wrongs” involved, identifying particular categories. This enabled us to propose a new sexual offence (based on the Sexual Offences Act 2003 offences that are not founded on lack of consent), which marks the sexual wrong and enables a focus on the defendant’s abuse of position rather than the victim’s vulnerability. This article outlines the basis for our proposal to the Law Commission for reform of the common law offence of MiPO (as our second response to their consultations). Currently at the stage of Policy Development, the Commission aims to publish its report later this year.
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Leigh, Gavin. "Deconstructing Unlawful Act Manslaughter." Journal of Criminal Law 81, no. 2 (April 2017): 112–24. http://dx.doi.org/10.1177/0022018317694716.
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The aim of this article is to separate out and justify two means of proving manslaughter by an unlawful (and dangerous) act. One is manslaughter by an act of intended bodily harm. The other is manslaughter by an unlawful and dangerous act. Some historical authority for these two kinds of unlawful act manslaughter is established, but the line of argument centres on the separate justifications for each kind. The justification for manslaughter by an act of intended bodily harm centres on the relationship between intention and luck. The justification for manslaughter by an unlawful and dangerous act concentrates on the distinction between negligence and heedlessness. This article concludes that manslaughter by an act of intended bodily harm may be justifiable, but that this may be possible where death is caused through any advertent crime. This is with a view to potential development or reform through the courts or Law Commission.
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Semchenko, Aleksandr. "Pedagogical aspects of managing professional conflicts in the activities of the head of the local department of the Ministry of Internal Affairs of Russia." Applied psychology and pedagogy 4, no. 4 (December 15, 2019): 77–87. http://dx.doi.org/10.12737/2500-0543-2019-24-34.
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The reform carried out in recent years in the system of the Ministry of Internal Affairs of Russia is aimed, among other things, at focused work on the establishment and development of a professional worldview of a police officer in departmental universities of the Ministry of Internal Affairs of Russia. The conflict in the activities of the police officers is active and professional in nature, i.e. associated with the features of professional tasks. The characteristic features for decisions made by employees in conflict situations are lack of time, often the finality of a decision, since a decision cannot be clarified later, verification of decisions by interested opponents and management, the need to make decisions based on incomplete, sometimes deliberately distorted information. With regard to the activities of the internal affairs bodies, the main reason causing conflict situations in communication is the commission of a crime, entering into conflict with society, with the law.
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Tsagas, Georgina. "A Proposal for Reform of EU Member States’ Corporate Governance Codes in Support of Sustainability." Sustainability 12, no. 10 (May 25, 2020): 4328. http://dx.doi.org/10.3390/su12104328.
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An overview of the European Union’s varying policies on the harmonisation of Member States’ company and securities laws dating back to the 1970s showcases the Commission’s averseness to deviate from the path dependence of the shareholder primacy norm and the existence of a series of policies that superficially afford attention to ‘stakeholders’ rights’, ‘sustainability’ and ‘corporate social responsibility’. The article seeks to demonstrate that the ‘greenwashing’ attempts it identifies in several of the Commission’s documents and legislative initiatives have given rise to problematic outcomes, one of which is the subsequent whitewashing of recent initiatives that aim to provide real support to sustainability concerns. The question the article sets out to answer is whether, at this stage in time, the main sociolegal challenges in the form of tensions that the Commission was faced with, in an attempt to address corporate governance at European level in a uniform manner, can now be resolved so as to better support sustainability. If so, what ‘softer’ options are available to the legislator to signal a renewed approach to corporate governance and a deviation from the path dependence shareholder primacy norm? The argument that the article puts forward is that in order to better complement the latest, more positive attempts, that aim to support corporations’ sustainable practices, a reform of European Union Member States’ Corporate Governance Codes to include a robust stakeholder friendly provision may well constitute one pragmatic way forward.
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Aleksandrowicz, Tomasz. "Beijing Convention and Beijing Protocol. Changes in the International and Legal Model for Combatting Aviation Terrorism." Internal Security 12, no. 2 (December 30, 2020): 34–35. http://dx.doi.org/10.5604/01.3001.0014.6693.
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The article deals with the issue of the Beijing reform of international criminal aviation law. The author analyses the relevant applicable international law and confronts it with the new legal regulations adopted at the International Civil Aviation Organisation (ICAO) conference in Beijing in 2010. As a result, the author states that the basic change involves the expansion of the catalogue of acts subject to criminalisation as well as the expansion of the circle of persons participating in or supporting actions involving the commission of acts that pose a threat to the safety of civil aviation; the system also specifies the responsibility of collective entities (the so-called ‘Al Qaeda’ clause). The author is deeply convinced that the development of the Tokyo-Hague-Montreal-Beijing system, which is part of the whole international legal system of combatting terrorism, including its financing, is fully justified. The new regulations also make this system more coherent. It is also worth adding that the adoption of the Beijing Convention and the Beijing Protocol is part of the implementation of the Global Counter-Terrorism Strategy adopted by the United Nations.
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Vera Santos, José Manuel. "Cuarenta años del Consejo de Estado, o de cómo seguir siendo órgano consultivo y no morir en el intento // The fortieth anniversary of the Council of State or how to continue being a consultative body without perishing in the attempt." Revista de Derecho Político 1, no. 101 (April 28, 2018): 309. http://dx.doi.org/10.5944/rdp.101.2018.21964.
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Resumen:Estudio de la regulación constitucional y normativa del Consejo de Estado español, desde su reconocimiento constitucional en 1978, pasando por la ley orgánica 3/1980, hasta la reforma acaecida por ley orgánica 3/2004, en los ámbitos referidos a la composición, organización interna y funciones del órgano consultivo, destacando la crítica a la última de la normas citadas, sobre todo, respecto a la regulación referida a la posible actuación del Consejo de Estado en la elaboración de propuestas normativas y de reforma constitucional.Abstract:Analysis of the constitutional and normative regulation of the Council of State from its constitutional recognition in 1978, going through the Organic Act 3/1980 to the legislative reform brought about by organic act 3/2004. Special attention will be paid to the composition, internal organization and functions of the consultative body, highlighting the critic to the afore mentioned organic act, mainly regarding the regulation referred to the possible rol of the Council of State in the development of normative and constitutional reform proposals. Summary:Introduction. 1. Normative regulation. 2. Case-law and doctrinal definition.2.1. The Council of State as a body of constitutional importance.2.2. The Council of State as a subsidiary body. 3. The organicact 3/1980 on the Council of State. 3.1. Composition of the Councilof State. 3.2. Institutional organization. 3.3. Competences. 4. Theorganic act 3/2004, Reforming the organic act 3/1980 on the Councilof State. 4.1. Developments concerning composition: special focus onthe presence of the former Presidents of the Government as «lifelongcounsellors». 4.2. Institucional developments: the creation of the SpanishStudy Commission. 4.3. Functional developments: especial focuson the submission of legislative and constitutional reform proposals.Conclusions.
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Tarnavsky, Oleg Aleksandrovich. "The goal of the methodology for legal regulation of victim protection." SHS Web of Conferences 118 (2021): 03009. http://dx.doi.org/10.1051/shsconf/202111803009.
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The purpose of the research is to develop a theoretical concept of a security and recovery arrangements for protecting the violated rights and interests of persons, who have suffered from the commission of crimes in the framework of criminal proceedings, with the determination of the development prospects, legal support as well as the use in law enforcement practice. The methodological background of this research was such fundamental methods of scientific knowledge as general methods (analysis, synthesis, induction, deduction, analogy), as well as special methods (comparative legal and formal legal). The research resulted in making the conclusion about the positive transformations in the criminal process of recent years; finally, the victim of a crime is gradually becoming key in the context of the changes introduced by the criminal procedural legislation. But it is believed by the author that the improvement of the criminal procedural mechanism should be not occasional but a comprehensive reform of the goals, objectives and principles of all criminal procedural activities, with an emphasis on the compensatory mechanism of legal regulation. The novelty of the research lies in the author’s approach to the consideration of the stated problem and that it made it possible to assert that the scientific understanding of the ideological content of the methodology of legal regulation of the protection of a victim implies the reform of criminal proceedings, from its content to the procedural position of the victim and restorative procedures.
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Vukašinović-Radojičić, Zorica, and Vesna Čogurić. "Convergence and symbiosis of public administration principles: International and European perspective." Bezbednost, Beograd 63, no. 1 (2021): 5–18. http://dx.doi.org/10.5937/bezbednost2101005v.
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Under strong influence of the European coherency, the member states are constantly improving public administration performance. The scientific justification of the paper has been reflected through analysis and synthesis of legally binding or non-binding /international and European principles. It focuses on international and European rules and practice promoting principles of legality, professionalism, transparency, responsibility, public service integrity. They have a strong influence on the development and implementation of the standards in national public administration systems. It is expected that harmonization of national regulations will encourage development of common practice of public officials' performance. The European Court of Human Rights doctrine and practice has developed the principle of legality (rule of law, legal certainty). The paper also emphasizes the efforts of European institutions (European Commission, Council of Europe, European Court of Human Rights) as well as other international organisations (United Nations). The paper offers the analysis and comparison of divergent tendencies in the permanent public administration reform. It elaborates convergence and symbiosis of international and European standards and their influence to national administrative systems. Particular attention has been given to comparison at cross-national level and possibilities for putting standards in practice in various national legal systems. Prevailing research methods are theoretical and normative, comparative and descriptive research methods, as well as cross-national and international comparisons with respect to case law of European institutions (European Court of Human Rights, Council of Europe).
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Castellani, Luca G. "THE UNITED NATIONS CONVENTION ON THE USE OF ELECTRONIC COMMUNICATIONS IN INTERNATIONAL CONTRACTS AT TEN: PRACTICAL RELEVANCE AND LESSONS LEARNED." Journal of Law, Society and Development 3, no. 1 (September 12, 2016): 132–52. http://dx.doi.org/10.25159/2520-9515/1092.
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The United Nations Commission on International Trade Law prepared the first global treaty specifically devoted to electronic commerce law, the United Nations Convention on the Use of Electronic Communications in International Contracts. That treaty builds on the highly successful UNCITRAL Model Law on Electronic Commerce and the UNCITRAL Model Law on Electronic Signatures. This article describes the main goals of the Electronic Communications Convention and its scope of application. In particular, it illustrates how that Convention may fully enable the use of electronic means under other widely adopted treaties such as the Convention on the Recognition and Enforcement of Foreign Arbitral Awards and the United Nations Convention on Contracts for the International Sale of Goods. The article also describes the main substantive provisions of the Electronic Communications Convention, in particular clarifying how that Convention updates and completes the provisions of the UNCITRAL Model Law on Electronic Commerce. This Model Law is the backbone of electronic commerce law in numerous countries and a de facto legislative standard insouthern Africa. Finally, the article describes the manner (or patterns) in which the adoption of the Electronic Communications Convention takes place. It stresses that, while the Convention is often used as a source of inspiration for domestic law reform, in order for it to achieve all its intended goals, its formal adoption as a treaty is necessary. The final message is therefore a call upon all states to consider the adoption of that Convention in order to support the broader use of electronic means, especially in the light of the implications for economic development and the promotion of paperless trade.
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Nelin, Oleksandr. "The place of the notary institution in the doctrine of the probate law in Ukraine: theoretical aspect." Legal Ukraine, no. 9 (October 30, 2020): 68–74. http://dx.doi.org/10.37749/2308-9636-2020-9(213)-7.
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The author studies some theoretical and practical issues of the notary system in the national legal doctrine of the probate law. It has been determined that the notary system plays an important part in regulating economic relations, provides steadiness and security in behaviour of participants of civil and hereditary relations, facilitates the decrease in the number of violations and eliminates objective conditions of their commission. This requires some scientific analysis of the basic issues, among which the important place is taken by the issues of notary activities in the legal regulation of hereditary relationships in Ukraine. In this connection grows the significance of studying the place of the notary institution in the doctrine of probate law in Ukraine. Therefore, the author studies social relationships that arise in the context of notary activities, as well as the ones in connection with notarial acts between a notary public and testator (heir) and also between a notary public and state bodies. Taking into consideration the modern realities, the conditions of using more strengthened notary potential should be created in the sphere of protection of civil rights and interests of both natural and legal entities with the purpose of building up a civil society of the country. The notary institution may play a significant part in the judiciary reform in Ukraine as the solution of one of the main problems in judicial activity, i.e. consideration of all cases in a court judges’ jurisdiction, is impossible without decreasing the their workload. So, the important is the development of pre-court civil jurisdiction, where a more complete use of the positive potential of the notary institution in the sphere of the civil and probate laws belongs to. In this context, the international experience demonstrates that certain regulations of the probate law in EU countries could be taken into account in the notary activities considering the issues of heirdom, as there are some problems in the legal mechanism of probate law realization in Ukraine. The author analyses some novelties of the probate law in the country in accordance with the Civil Code of Ukraine (2003). The most novel are some provisions as to the forms of testament, secret will, spousal testamentary trust, probate contract, five determined categories of heirs-at-law, protection and management of inheritable property as well. The modern trends of the probate law are considered within the framework of the national legislation adaptation to the EU law. Attention is drawn to a number of existing problems in the sphere of notary activity, elimination of which will not only help to provide inheritance rights, but also to successfully realize judicial reform in Ukraine. Key words: notary system, notary activity, reform of the notary activity, probate law, testator, heir, doctrine of probate law.
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Edwin, David Asante, Evam Kofi Glover, and Edinam K. Glover. "When Tradition Meets Modernity in Land Registration: Evidence from Dagbon, Ghana." Land 9, no. 11 (October 28, 2020): 416. http://dx.doi.org/10.3390/land9110416.
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Development practice over recent years in much of Africa prioritized formalization of land policies deemed to enhance better handling and use of land as an asset for social development. Following this trend, land reform policy in Ghana was based on a pluralistic legal system in which both the customary land tenure system and the statutory system of land ownership and control co-exist by law. The primary research question for this study was the following: What implications emerge when customary land tenure system and the statutory system of land ownership and control co-exist in law? The study discussed the prospects and challenges of land title registration and the meaning of the new organizing concept in land ownership and administration among the people of Dagbon in the northern region of Ghana. The principal aim of the study was to assess the challenges of the implementation of a modern land registration system over a deeply traditional one. A qualitative research methodology was used and included qualitative descriptive analysis. This descriptive-analytical study was carried out to investigate opinions on the implications of the merger and preferred options for redress of any systemic challenges. It employed Focused Group Discussions (FGDs) to supplement in-depth interviews. Interviews were conducted among 40 key participants within formal and informal institutions including officials from both the Land Commission and Town and Country Planning Departments. Purposeful sampling was employed, and an interview guide was developed and used for collecting the data. Data were analyzed using a thematic approach. The results showed that in this structural reform, the ‘allodial title’ holder was much more trusted for tenure security because of the traditional legitimacy of the King as the sole owner and controller of land. The title registration system therefore principally served the secondary purpose as additional security. The findings indicate that in the circumstance where the law was seen as pliable, the policy engendered blurred and confusing effects that deepened the sense of ambiguity and outcomes were sometimes contradictory. We argued that the crossroads presented challenges that were novel and engendered innovative thinking for more appropriate solutions. The study revealed that policy reforms must be tailor-made to the physical, social, cultural and economic settings.
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Guo, Yubo, Igor Martek, and Chuan Chen. "Policy Evolution in the Chinese PPP Market: The Shifting Strategies of Governmental Support Measures." Sustainability 11, no. 18 (September 6, 2019): 4872. http://dx.doi.org/10.3390/su11184872.
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Much attention has been paid world-wide to the advancement of policy with regard to public–private partnerships (PPPs). Though PPPs continue to play a major role in the development of China’s national economy, capital projects and infrastructure upgrade, little work has been done to understand the evolution of Chinese governmental policy with regard to PPPs. This paper addresses this lack and sets out the trajectory of Chinese PPP policy maturation over the period of 1986 to 2018. Policy documents were retrieved from official government websites, such as the Ministry of Finance and National Development and Reform Commission, with some 205 policy statements deemed relevant to PPPs. These were then classified by type and submitted to regression analysis. Five major instruments in support of PPPs were identified, including fiscal, financial, taxation, land and operations support. Moreover, four historical policy phases can be identified in the Chinese PPP market, including ‘try’, ‘explore’, ‘expand’ and ‘consolidate’. While governmental policy may now be considered sophisticated, deficiencies remain, including insufficient policy coordination between departments, lack of financial incentives and poor transparency and disclosure supervision. These observations will inform policy makers as they look to continue advancement of PPP policy measures, and help practitioners in assessing the pitfalls of operating in the Chinese PPP market.
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Kostkina, Yu. "Peculiarities of exercise by the High Council of Justice of powers of temporary suspension of judges from justice." Herald of criminal justice, no. 4 (2019): 115–22. http://dx.doi.org/10.17721/2413-5372.2019.4/115-122.
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Judicial reform was intended to strengthen the safeguards of judges and to ensure the independence of the judiciary as a whole. In order to achieve these goals, the legislature, in the framework of judicial reform, has reorganized the old High Council of Justice and created on its basis a new body. These changes were positively estimated not only by domestic scientists and practitioners, but also by the international community. The newly created body is authorized with a wide range of powers, designed to ensure the proper administration of justice, to protect judges and their independence, and to form a virtuous and highly professional corps of judges in Ukraine. Goal of article. In connection with the fact that the competence of the High Council of Justice, the successor to the judiciary, the specified group of powers did not included, arose the need for their research and determine the peculiarities of their implementation. In particular, the powers of the new High Council of Justice include the decision-making authority on temporary suspension of judges from justice in connection with criminal prosecution, during a qualification assessment, and in the order of disciplinary action. The author investigates the peculiarities of a temporary suspension of judges from justice in connection with criminal prosecution, and analyzes the Supreme Court's practice regarding the procedure for extending such temporary suspension. In addition, the article deals with the procedure for temporarily suspension of judges from justice for the period of qualification assessment of a judge, which is carried out by the Qualification Commission of Judges of Ukraine. Finally, the peculiarities of the legal regulation of the procedure for temporarily suspension of judges from justice, which is applied to a judge as a disciplinary sanction in the framework of disciplinary proceedings, are analyzed, deficiencies and gaps of the current legislative regulation are identified, and appropriate changes are proposed. Based on the needs of law enforcement activities, the author of the article The of substantiated the necessity of concretization of the obligation of a high Council of justice to determine the course of professional development, which must pass the judge during the suspension, That will ensure the delimitation of its powers with the competence of the High Qualifications Commission of judges.
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Cyndecka. "The 2019 ‘Fitness Check’ of State Aid Modernisation Reform of 2012—An Opportunity to Redefine and Reintroduce Sustainability into the EU/EEA State Aid Rules? The Example of the Transport Sector." Sustainability 11, no. 22 (November 11, 2019): 6328. http://dx.doi.org/10.3390/su11226328.
Full textAbstract:
This article intends to launch a discussion on the possibilities of introducing more sustainability into the rules on granting State aid. State aid law constitutes a crucial part of the internal market regulation. In principle, granting public support to companies is prohibited in the European Union (EU) as such state intervention distorts competition. In some cases, however, aid may be allowed if it pursues a legitimate public policy objective such as research, regional development, transport or environmental protection. In 2017, the EU Member States spent EUR 116.2 billion, i.e., 0.76% of GDP, on State aid at the EU level. While aid to the environment and energy saving promotes sustainability, the question is whether other types of aid also do so. This article provides a brief explanation of the rationale behind State aid control, explains how ‘good aid’ may be approved by the European Commission or EFTA Surveillance Authority (ESA) before it is granted by the Member States and proposes taking a closer look at the current guidelines for granting aid in the transport sector. This sector has a serious impact on the environment and human well-being, while it is heavily subsidised by the state.