This case study relates to the Women and Law in Southern Africa – Zambia (WLSA – Zambia), an NGO with its headquarters in Lusaka. This organisation is engaged in fighting strenuously and successfully against discrimination, inequalities and gender violence, mainly resulting from the persistence of customary laws and its practices which sometimes jeopardises women and delays their empowerment and emancipation. Since in Zambia, as well as in many other African countries, land is still the primary source of wealth and livelihood, WLSA-Zambia and its members have been highlighting the significant legal, social and political problems caused by of gender inequalities in accessing land. Accordingly, they demand remedial legal reforms, develop citizens’ legal awareness and support women’s struggle to secure land rights. By presenting individual experiences and different viewpoints, and adopting a wealth of qualitative methodologies, my research work is a contribution, in anthropological perspective, to a better understanding of the multiple ways in which gender and law can interact.
Chatbots are a modern manifestation of artificial intelligence that are now placed for public interaction and conversation with individuals. They can engage in a two-way interaction with a user, responding to their questions and even offering suggestions. This system is based on the capabilities arising from the development of artificial intelligence and is continuously advancing. Among these, the legal issue concerns whether chatbots are responsible for what they respondand whether what they provide is their intellectual property. Essentially, can personalities be attributed to chatbots? The present article finally concludes, with the analytical-descriptive approach, that chatbots may potentially possess a degree of personality in the future, but in current circumstances, the effects and content provided by chatbots are attributed to their owners and creators. Although their development and the reinforcement of chatbots' autonomy can pose numerous challenges to classical legal theories.
Regulation of industry, trade, and commerce. Occupational law, Islamic law
<i>Background</i>: Defining the optimal fleet portfolio is a crucial process in airline planning. The published efforts in literature provide ways to anticipate the disruption effects on the passenger demand; however, the proposed solution in this paper provides visibility on the impact of sustainable disruption and the way an airline can resist it. <i>Methods</i>: This paper proposes a two-stage methodology to find the best portfolio for airline operational requirements under the impact of disruption. The first stage considers optimization for normal airline operations under a specific fleet portfolio using an Integer Linear Programming (ILP) model. The second stage of the analysis is a mapping for the scenario-based methodology to find a way out for an airline subjected to some given disruption in operations. <i>Results</i>: The result of the two-stage analysis shall define the best fleet portfolio to withstand sustained disruptions by mapping the results in a disruption funnel and showing the impact of the supply and demand gap on the airline’s sustainable profitability. <i>Conclusions</i>: This paper provides a novel, practical way of evaluating strategic decisions to choose the best fleet portfolio and make airlines rely on the mapping of the disruption funnel to modify their network while increasing supply chain resilience.
Transportation and communication, Management. Industrial management
The Unidroit Principles of International Commercial Contracts (UPICC) is one of the most successful instruments in the world. One relevant feature is their hardship model. It has been followed by other international instruments such as the Principles of European Contract Law and the Draft Common Frame of Reference and has even been incorporated into various Civil Codes over the years (Argentina, France, China, and Belgium). While it is an indisputable success story, what needs to be analysed now is whether this success will continue in the future. Therefore, this article focuses on highlighting the achievements of the UPICC hardship model—such as the use of the term ‘hardship’, the conditions for hardship, its incorporation into various Civil Codes, and the possibility of agreeing otherwise—but it also underlines the aspects that need to be improved in a future revision of the UPICC, such as limiting it to supervening events, adding the condition of ‘to have avoided or overcome it’, solving problems with renegotiation and adaptation, and limiting the legitimacy to claim. This reassessment is necessary for the UPICC to remain up to date with the changing needs of international trade and thus continue this success story in relation to the UPICC hardship model.
On December 5, 2024, the Institute of Legislation and Comparative Law under the Government of the Russian Federation held the XIV International Congress of Comparative Law “Comparative Law as an Instrument of Inter-Civilizational Dialogue”. The review highlights the welcoming remarks and reports of the participants of the plenary session — leading representatives of Russian legal science, heads of state corporations and government authorities: T. Y. Khabrieva, K. I. Mogilevsky, T. N. Moskalkova, I. I. Rogov, A. I. Kovler, A. H. Saidov, V. V. Lazarev, A. A. Troitskaya, R. R. Ismailov and others. The main ideas expressed by the speakers and panelists at the scientific and practical conference “Formula of the Future World Order: International Constants and Variables”, as well as the following thematic round tables are outlined: “Comparative Law: Dialogue of Law Schools”; “Methodology of Comparative Financial Law in the Context of Sanctions Challenges and Threats”; “Constitutional Values as the Basis of Inter- Civilizational Dialogue”; “Judicial Law-Making in Modern Legal Systems: Comparative Legal Analysis”; “Comparative Legal Research in the Field of Environmental Protection and Environmental Management as an Instrument of International Cooperation”; “Social Insurance and Employment in Russia and Abroad”; “Comparative Law and Private Law: Inter-Civilizational Interaction and Development Vectors”; “Historical and Theoretical (Interdisciplinary) Foundations of Comparative Law in a Changing Civilizational Paradigm”; “BRICS in the Context of Comparative Law”; “Architecture of Administrative Law in the Context of the Theory of a Multipolar World”; “Implementation of AML/CFT Standards and Anti-Corruption in the BRICS Countries”; “Criminal Law Modern Legal Systems: National Priorities and Comparative Aspects”; “Legal Comparative Studies from the Perspective of a Cross- Civilizational Paradigm”.
Comparative law serves as a fundamental tool in promoting uniformity and harmonization across diverse legal systems worldwide. This research paper examines the critical role of comparative law in facilitating legal convergence while respecting cultural and jurisdictional differences. The study explores how comparative legal analysis enables lawmakers, judges, and legal scholars to identify common principles, adopt best practices, and develop model laws that transcend national boundaries. Through systematic examination of different legal traditions and methodologies, comparative law contributes to the standardization of international legal frameworks, particularly in areas such as commercial law, intellectual property, human rights, and international trade. The paper discusses the mechanisms through which comparative law promotes uniformity, including legal transplantation, harmonization initiatives by international organizations, and judicial cross-referencing. It also addresses the challenges inherent in achieving legal uniformity, such as cultural resistance, differences in legal traditions, and national sovereignty concerns. The research concludes that while complete uniformity may neither be achievable nor desirable, comparative law provides essential tools for creating compatible legal systems that facilitate international cooperation, economic integration, and the protection of fundamental rights across borders.
T. Y. Khabrieva's speech at the opening of the XIII International Congress of Comparative Law "Modern Comparative Law: Traditions, innovations, prospects".
As the market of crypto-assets grows, so does the demand for their use as collateral in cross-border lending transactions. Such a development, though, may pose significant challenges to the main pillars of security rights due to the distinctive features and the nature of crypto-assets. Accordingly, this article identifies and explores the core legal issues, offers guidance in the crypto-collateral area, and assesses the role of uniform law. In the absence of specific legislation, the analysis is conducted under the prism of the international secured transactions framework, as shaped by the International Institute for the Unification of Private Law (Unidroit) and the United Nations Commission on International Trade Law (UNCITRAL) legislative instruments. As such, the article examines whether the current framework suffices to address emerging challenges or contains gaps and limitations that require legislative intervention. The article argues that the increasing use of crypto-assets as collateral may constitute both an opportunity for uniform law to have a leading role in addressing the arising issues and shaping the field, and an opportunity to put new uniform rules in place. This would require both updating the existing legal instruments in line with new technological needs and creating new instruments where necessary. International fora like Unidroit and UNCITRAL would ideally offer the desirable degree of harmonization, or uniformization, in the area of security rights over crypto-assets. Rather than subjecting them to diverging legal rules, developing more uniform approaches would offer consistency, thus increasing legal certainty and supporting technological innovation.
Este trabajo analiza la acción de disolución judicial, prevista para la sociedad anónima cerrada chilena, desde un punto de vista procesal. Aunque la Ley sobre Sociedades Anónimas de 1981 ofrece algunas indicaciones, varios puntos relativos al ejercicio de este remedio no son regulados o lo son de forma indirecta, como el alcance de la discrecionalidad judicial o la arbitrabilidad del conflicto. Además de esos puntos, se estudia el objeto del proceso, que determina el carácter constitutivo de la sentencia estimatoria, a quiénes corresponde la legitimación activa y pasiva, y cómo se relacionan cumplimiento de la sentencia y liquidación societaria.
On December 6, 2023, the XIII International Congress of Comparative Law “Modern Comparative Law: Traditions, Innovations, Prospects” was held at the Institute of Legislation and Comparative Law under the Government of the Russian Federation. The dominant theme of the Congress was the Russian tradition of comparative law, the Institute’s contribution to the development of comparative law, current methodological problems, and the impact of digitalization on the subject and content of ongoing research. The Congress was attended by a record number of participants in recent years — more than 700 people. During the plenary session and the round tables, the participants discussed issues of comparative methodology in historical and legal studies, comparative jurisprudence in the system of comparative legal studies, constitutional values in the context of comparative jurisprudence, judicial power in the system of modern statehood, the international legal principle of sovereign equality of states, etc.
Relevance. Global processes of internationalisation of the world economy lead to increased interdependence of national economies and convergence of mechanisms and instruments used to achieve various economic goals. These goals include sustainable and uniform economic growth, increased employment, stabilisation of monetary circulation and exchange rates, improvement of the welfare and quality of life of citizens, intensification of Ukraine's participation in international integration processes, strengthening cooperation with foreign strategic partners, attraction of foreign investments into Ukraine’s economy, and ensuring national security in the context of military aggression. Therefore, this study focuses on the analysis of international experience of using the concept of "Tax Free" in customs law. The article analyses the functioning of duty-free and tax-free zones in Ukraine, compares them with other countries of the world, and studies the impact of these processes on international security and economic growth. The purpose of the study is to analyse the international experience of "Tax Free" regulation in customs law and its impact on the economic situation in the country. The research methodology includes such methods as comparative analysis, forecasting methods, logical methods and the case study method. Conclusions. The paper examines various aspects of their activities, differences in status depending on the location, and regulation through a number of documents. The authors consider the problems faced by such stores in the international travel retail system, security and sanctions issues, their impact on the economy, and propose specific ways to solve them. The article also analyses the effectiveness of "Tax Free" programmes and their impact on the economy and international trade. Particular attention is paid to the aspects of security, national and environmental safety, as well as sanctions and international legal liability. The analysis of international experience in the use of "Tax Free" in customs law shows that this tool has significant potential to stimulate international trade and economic development. The "Tax Free" programmes in different countries help to attract foreign tourists, stimulate exports of goods, and increase consumer spending. However, there are also certain problems associated with the use of "Tax Free", such as loss of revenue for the budget and the potential for abuse of the system. Solving these problems requires careful analysis and implementation of effective control and regulation measures.
Il fenomeno “piattaforme” unisce il “nuovo” all’“antico”, imponendo al giurista riflessioni riguardanti tanto il pianeta dei media tradizionali quanto le dirompenti innovazioni introdotte dal digitale e dall’impiego sempre più diffuso dell’A.I. generativa. Il contributo si propone di censire i problemi di tutela della libertà di parola posti dal nuovo modo interattivo di comunicare, indagando, in particolare, l’estensione dei poteri di content moderation accordati alle piattaforme. Quali ragionevoli limiti (contrattuali, autodisciplinari, da coregolazione) alla libertà di manifestazione del pensiero dell’utente? Quando la comunicazione “non cartacea” è equiparabile alla “stampa” ex art. 21 Cost.? E quali i possibili rimedi contro fake news e comunicazioni improprie, nel rispetto della libertà di espressione? Analoghe questioni sono affrontate, poi, anche con riferimento al fenomeno ChatGPT, in relazione al quale ci si domanda se e quando le comunicazioni robotiche possano essere ricondotte, sotto il profilo delle tutele ad esse accordabili, a “manifestazioni del pensiero”, ovvero a erogazioni di servizio informativo (ovvero a comunicazioni interpersonali ex art. 15 Cost.).
The phenomenon of “platforms” unites the “new” with the “old”, imposing on the jurist reflections concerning both the planet of traditional media and the disruptive innovations introduced by digital and the increasingly widespread use of generative A.I. The contribution proposes to survey the problems of protecting freedom of speech posed by the new interactive way of communicating, investigating, in particular, the extension of the powers of content moderation granted to platforms. What are reasonable limits (contractual, self-regulatory, co-regulatory) to the user's freedom of manifestation of thought? When can “non-print” communication be equated with the “press” under Article 21 of the Italian Constitution? And what are the possible remedies against fake news and improper communications, while respecting freedom of expression? Similar issues are also addressed, then, with reference to the ChatGPT phenomenon, in relation to which the question arises as to whether and when robotic communications can be traced, from the standpoint of the protections accorded to them, to “manifestations of thought” or to information service disbursements (or to interpersonal communications under Article 15 of the Italian Constitution).
The article is devoted to the study of the areas of legal work in public authorities on the
example of the State Tax Service. The article proposes to divide legal work into two main components:
work related to support of court cases and work not related to court work. The author notes that the
concepts of "function" and "area of work" are similar in content, but "area of work" is a narrower
concept and is part of the function which is broader in content. As a result of the analysis of the areas
of legal work, it is established that such areas are directly based on certain priority principles, which
are also proposed for consideration. Research by practitioners and scholars suggests that the area of legal work related to compliance with the law actually gives legal departments a control and
supervisory function over other structural units of public authorities, since compliance with the law is
the key to reducing complaints and lawsuits.
As a result of the analysis of the developments of national scholars, it is found that the
information resource is influential for legal work, its directions and prompt adoption of lawful and
reasonable decisions, and the process of transition from paper to electronic document flow only
contributes to the improvement of the organization of work of a public authority. The proposed work,
in the context of the areas of legal work, contains definitions and understanding of such terms as:
lawmaking activity; law enforcement activity; law application activity; control and supervision activity;
constituent activity; preventive activity. The analysis of the activities of legal departments in public
authorities leads to the conclusion that the areas of work under consideration relate not only to legal
departments, but also to other structural units of a public authority.
Digital platforms have become significant for the operation of the global economy, as they bring numerous benefits for consumers and undertakings, but the widespread use of most favored nation (MFN) clauses in e-commerce poses important challenges for policymakers. Ordinarily, such clauses have been implemented in traditional industries; however, the economic dynamics of e-commerce have made these clauses a cornerstone for digital platforms, as they enable platforms to adhere to competitive price guarantees. Unlike traditional MFN clauses, platform MFN clauses, which include restrictions on consumer purchase price, have a significant restrictive impact on the market and are often the subject of complaints from commercial users, such as retailers, restaurants, and hotels. Thus, platform MFN clauses have been the subject of scrutiny by competition authorities in recent years, and under some conditions, these clauses have been found problematic. MFN clauses are examined under narrow and wide headings, and primarily wide MFN clauses (depending on the existence of market power) are prohibited. Nevertheless, narrow MFN clauses are considered legal; however, under certain conditions, narrow MFN clauses may also harm the competitive environment in the market. This is particularly the case for scenarios of high market power of the platform for which the narrow MFN clause is accepted, and the direct channel serves as an important alternative for consumers. This study aims to examine the conditions under which such clauses can pose competition law risks and to distinguish scenarios in which the competition law interference of narrow MFN clauses is likely.
Any act has certain goal, and the judge’s trial discourse is a structured and layered goal system. Judges normally adopt some discourse strategies to reach their trial goals. Based on our trial corpora, we find judges commonly adopt some strong goal-driven discourse strategies, such as question-answer strategy, power control strategy, presupposition strategy, repetition strategy, and interruption strategy, etc., in order to realize their trial goals as well as discourse goals. Strategy in effect refers to means, with which the goal of discourse is to be achieved. As words are intended for both the expression and the achievement of goals, the choice of a means or a strategy relies on the decision of the goal. Only from this perspective is the link between strategy and goal meaningful, and in this sense, strategy means rhetoric. This paper aims to study the judge’s discourse strategies adopted in trials in Chinese courtrooms from the perspective of the goal principle.
Language. Linguistic theory. Comparative grammar, Comparative law. International uniform law
Asha Shabani Ripanda, Bajarang Bal Lal Srivastava, Said Hamad Vuai
et al.
Trends of continual drug use while under treatment have been reported worldwide. This paper assesses opioid use among patients receiving treatment in a methadone clinic for opioid addiction. A total of 126 urine samples were analyzed using LC–MS/FTMS. About 16% of patients were found to have a high prevalence level of opioids use. Prevalence level was significantly associated with the duration of treatment (p = 0.0121) and age (p = 0.0328). About 125/126 patients were found to have remnants of opioids of abuse. Therefore, measures should be taken to overcome continual use of opioids among clients. Keywords: LC–MS/FTMS, Novel psychoactive substances, Duration of treatment, Prescription opioids, Agonist, Continual use
This paper posits that a paradigm shift has taken place in respect of the way the relationship between private international law and international uniform law conventions is understood. The author shows that recent international uniform law conventions evidence that their drafters do not consider the relationship to be an antagonistic one, but rather one of symbiosis.
The term “uniform law” refers to all international legal instruments designed to apply identically in different States.3 Among these various instruments, international private law conventions create rules uniformly applicable in the contracting States in order to avoid the disparate treatment caused by domestic legislation applied through a conflicts-of-laws mechanism. One of the advantages of such a system is that by increasing legal certainty, it encourages the development of international trade. Adopting a set of uniform rules proves ineffective, however, if the courts hearing cases in the different countries that are party to these conventions do not apply these rules uniformly.4 And yet, we can all cite several examples of divergent applications of international conventions. The field of transport is not immune to these discrepancies and there are many examples of divergent interpretations of international transport conventions, some of which are likely to undermine the convention’s goal of uniformity.5 The benefits of uniform interpretation are the same as those of uniform law: applying the same rule all over the world when more than one legal system is involved leads to such legal certainty that the benefits do not even seem to be discussed anymore.6 As regards the purpose of international private law conventions (that is, to apply the same rule in different countries), divergent interpretations or applications of a convention can