The advancement of artificial intelligence (AI) technology presents opportunities to improve the efficiency and accessibility of the judicial system in civil procedural law reform. Nonetheless, its execution in Indonesia continues to encounter numerous obstacles, including infrastructure, regulatory issues, and opposition from law enforcement agencies. This study seeks to examine the impact of AI on improving access to and efficacy of justice within the framework of civil procedural law reform in Indonesia. We employ the normative legal research method, which utilizes an approach to law and literature review, to determine the potential and challenges of integrating AI into Indonesia's judicial system. Research findings suggest that AI can accelerate the litigation process and improve the uniformity of court decisions based on precise facts. To ensure optimal use of AI, comprehensive regulatory reform is necessary, along with improvements in infrastructure and training for law enforcement personnel. The findings highlight the importance of formulating policies that promote openness and ethics in AI utilization to maintain fairness principles.
The extraordinary rise in public debt in many nations during the recent global recession has reignited interest in the mechanisms of debt buildup. This circumstance has been especially disturbing in the Eurozone, where markets have questioned the viability of debt for those nations facing higher borrowing costs because of rising bond rates. Governments and supranational organisations implemented concerted fiscal consolidation measures in response to the perceived threats of contagion, with the goal of gaining control and solvency over stretched public budgets. Fiscal retrenchment is designed for governments to manage their public finances in times of economic/financial crises. This study examines the potency of fiscal retrenchment as an instrument of public debt management in Nigeria. The theory of Expansionary Fiscal Contraction (EFC) was adopted for the study. A documentary research design was used in the study. Findings of the study revealed that government borrowing to fund deficit-budgets has not corrected Nigeria’s fiscal problems but rather led to a vicious cycle of debts, that have spillover effects on present and future revenue prospects. The study recommends a reduction in government spending and an increase in taxes as appropriate fiscal measures to resolve the public debt crises in Nigeria.
Farzaneh Ahmadian-Yazdi, Amin Sokhanvar, Soheil Roudari
et al.
Abstract This study utilizes two complementary models, the Time-Varying Parameter Vector Autoregressive Diebold–Yilmaz (TVP-VAR-DY) and the Time-Varying Parameter Vector Autoregressive Baruník–Křehlík (TVP-VAR-BK), to investigate the dynamic volatility transmission between exchange rates and stock returns in major commodity-exporting and -importing countries. The analysis focuses on periods of quantitative easing (QE) and quantitative tightening (QT) from March 15, 2020 to December 30, 2022. The countries examined are Canada and Australia (major commodity exporters) and the UK and Germany (major commodity importers). An essential contribution of this paper is new empirical insights into the dynamics of stock market returns and the transmission of volatility between these markets and exchange rates during the QE and QT periods. The results reveal that causality primarily flows from stock markets to exchange rates, especially during the QT period across all investment horizons. The Toronto Stock Exchange (TSX) emerges as the principal net driver among the markets under study. Furthermore, the Canadian exchange rate (USDCAD) and the Australian Stock Exchange (ASX) are the most significantly affected indices within the network across various investment horizons (excluding the long-term). These findings underscore the importance for investors and policymakers to consider the interplay between exchange rates and stock market returns, particularly in the context of the QE and QT periods, as well as other economic, political, and health-related events. Our findings are relevant to various stakeholders, including governments, traders, portfolio managers, and multinationals.
Abstract 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.
Background: This paper addresses key issues related to the tools used to approximate the definitions of selected crimes within specific areas of the fight against organised crime. Despite the pursuit of communitarisation, some legal constitutions have remained rooted in an intergovernmental approach. Accordingly, this article examines individual international documents that served as the basis for selected international criminal offences incorporated into the Slovak Criminal Code. As with any process of harmonisation involving the legal regulations of individual states, aligning European Union law with Slovak Criminal Law was not easy, and many application problems arose. In this article, we focus on these challenges and explore possible solutions. Methods: In this contribution, standard methods commonly employed in the processing of scientific and professional texts focused on "European" criminal law were applied. The dominant method was the so-called analytical method, mainly used to examine current legislation related to the discussed issue. Additionally, a content and functional analysis of the most important institutes, which were contained in relevant international documents and important court decisions, was carried out. In the case of comparisons between Slovak and European legislation, a comparative method was used. Subsequently, conclusions were formulated using the synthetic method, the aim of which was to present proposals to eliminate shortcomings and improve the current legislation. Results and Conclusions: Through the analysis and comparison of relevant legal frameworks, several findings emerged. Specifically, we have found that the Slovak Criminal Code understands the concept of "organised criminal group" significantly more broadly than the relevant Framework Decision. This fact could cause problems in the recognition of decisions by other states. Additionally, the absence of a uniform definition of the concept of "terrorism" within the European Union is problematic as it may lead to inconsistencies that interfere with fundamental human rights and freedoms. In the field of drug trafficking, while no significant application problems were found in connection with the application of European Union law and the Criminal Code, disparities across the entire European Union, particularly in the criminalisation/decriminalisation of selected types of drugs and the varying severity of sanctions imposed by Member States. For arms trafficking, flaws were identified in the implementation of the relevant protocol into Slovak law, particularly in the definition and treatment of firearms parts and components. In cases of trafficking in human beings committed by a legal entity, the Criminal Code fails to meet the requirements of the relevant directive regarding the punishment of legal entities. Finally, the directive on environmental crimes contains vague terms which may cause application problems when approximating the provisions of the directive in relation to other states.
ABSTRACT This paper explores the historical, legal, and social evolution of adoption rights for same-sex couples, focusing on the United States while offering comparative insights from international contexts. Initially, same-sex couples faced widespread legal and societal discrimination, with early adoption attempts routinely denied due to prevailing homophobic norms and misconceptions about LGBTQ+ parenting. Over time, key legal milestones, such as the legalization of same-sex marriage in Obergefell v. Hodges (2015), facilitated greater access to joint and second-parent adoptions. Despite such progress, adoption laws remain fragmented across U.S. states, with some maintaining explicit or implicit barriers against same-sex couples. The paper highlights landmark court cases and legislative reforms that have shaped adoption rights, including state-level victories in New Jersey, California, and Vermont. It also addresses the role of advocacy, activism, and shifting public perceptions in fostering legal recognition and social acceptance. Comparative analysis with countries like Sweden, the UK, and Canada reveals varying degrees of progress, showcasing how legal traditions and cultural attitudes influence adoption policies. The research underscores persistent challenges, including social stigmas, inconsistent legal protections, and discriminatory practices by adoption agencies. It also emphasizes the psychological well-being of children raised in same-sex households, debunking myths of developmental harm and affirming positive child outcomes. Finally, the paper advocates for comprehensive federal protections, uniform state policies, and continued public education to promote equality in family law. It concludes that while substantial progress has been made, achieving full adoption rights for same-sex couples requires continued legal reform, empirical research, and societal support to ensure that all children have the opportunity to thrive in loving, supportive families—regardless of their parents' sexual orientation.
The comparison between air law and maritime law reveals both similarities and distinctions rooted in the unique frameworks of the International Civil Aviation Organization (ICAO) and The International Maritime Organization (IMO). While both entities were established through separate treaties, the Chicago Convention birthed ICAO, emphasizing the organization’s Assembly, Council, and auxiliary bodies. In contrast, the IMO Convention, also known as the Convention on the International Maritime Organization, forms the basis for IMO’s structure and functions as outlined in its preamble. The core objectives of IMO revolve around fostering collaboration among governments to enhance regulatory frameworks for international maritime trade. This encompasses advocating for elevated standards in maritime safety, navigation efficiency, and marine pollution prevention. Similarly, ICAO aims to establish principles and techniques for air navigation, promoting safe, regular, economical, and efficient air transport. The Chicago Convention primarily focuses on regulating international civil aviation, ensuring its orderly development and safety through defined principles and procedures, including standards for airspace sovereignty, aircraft registration, airworthiness, and aviation security. Conversely, the IMO Convention tackles various aspects of international maritime transportation, spanning safety, security, environmental protection, and shipping efficiency. Despite being specialized agencies of the United Nations, both ICAO and IMO face the challenge of accommodating diverse interests and viewpoints of their member states without the autonomy enjoyed by the private sector. Nonetheless, both organizations have consistently served the international community in facilitating world trade and commerce within their respective domains. This article discusses details of comparison and contrasts between ICAO, IMO, and air law and maritime law in their treaty settings.
Abstract Multilateral development banks (MDBs) are international organizations subject to the law of international responsibility. Yet, the relationship between their accountability mechanisms and the International Law Commission (ILC) Articles on the Responsibility of International Organizations (ARIO) remains unclear. Understanding this relationship is essential in fully realizing the right to remedy in the development finance context. A comparative analysis of these legal frameworks clarifies that notwithstanding their different rationale, scope and functions, the two are not normatively conflicting and both serve to control public power. While the accountability mechanisms correct the ARIO's State-centric orientation by granting legal standing to project-affected people, they have their own deficiency concerning the actions they can prescribe to MDBs upon a finding of noncompliance. Highlighting that the MDBs’ mandate to ‘do no harm’ and pursue sustainable development is left unfulfilled by the accountability mechanisms’ deficient remedial function, this article identifies specific ARIO provisions to complement rather than undermine the MDBs’ accountability system. The ARIO's residual character, combined with the proposition that remedies arise not only from wrongful conduct but also from harm suffered by one party due to another's risky activities, justify this complementarity.
INTRODUCTION. This article analyzes in detail the most relevant provisions of the norms of private international law in the maritime transport of goods– the Hague, Hague-Visby, Hamburg and Rotterdam Rules. The development of maritime conventions on the carriage of goods by sea is studied from minimum standards establishing the obligations and responsibilities of the carrier to detailed unified legal systems regulating bill of lading. The development of regulation of the most important institutions is analyzed: the responsibility and duties of the carrier; the responsibility of the shipper; novels about transport records.MATERIALS AND METHODS. A special place in the study is given to conducting a comparative analysis, identifying differences between the provisions of maritime conventions on cargo transportation, as well as studying the main advantages and disadvantages of the convention fixing the basic rules aimed at regulating relations on cross-border cargo transportation by sea.RESEARCH RESULTS. The evolution of the provisions of the maritime conventions demonstrates their modernization in each subsequent version, with a tendency to expand the scope of territorial and substantive application, including more modern regulation of such important areas in the field of international transportation as carrier liability and the transfer of the burden of proof, detailing the regulation of the use of bills of lading. The thesis is substantiated that the mutual coexistence of three international regimes regulating maritime transport (the Hague, Hague-Visby and Hamburg Rules) violated its uniformity. The implementation of the provisions of the Rotterdam Convention, which contain detailed regulation of all parties to the contract for the carriage of goods by sea, in the future will contribute to filling legal gaps that until then were filled by the norms of national legislation, which, in turn, led to differences between the legal norms of individual countries and to a significant number of court proceedings. To solve the problem of international legal conflicts, in our opinion, it is necessary to reach a consensus on the ratification of an international act that would unify the rules for the international carriage of goods by sea. For sovereign states, it is relevant to adopt such regulations that will protect the interests of the relevant carriers, as well as the possibility of ratifying conventions with reservations and exceptions.DISCUSSION AND CONCLUSIONS. The study substantiates the conclusion that it is necessary to improve the controversial norms of national legislation, as a result of which judicial proceedings arise, and the inclusion of the norms of modern international maritime conventions containing relevant and useful provisions for participants in these legal relations in the legislation of the Russian Federation, taking into account the mechanism of influence of foreign law on contractual and non-contractual relations between legal entities and individuals, and also on the basis of maintaining a balance of interests of large shipping and cargo companies in Russia.
The article on German private law of contracts compares the state of private international law in Germany in 1989 with its state today, in 2024. It demonstrates a change of paradigm by looking at six selected parameters of relevance: (i) the respect of constitutional rights and European fundamental freedoms, (ii) the unitarian European character of private international law of contracts, subject to treaties, (iii) the dissemination of the CISG, (iv) the emergence of the the Unidroit Principles as a sound system of general principles and rules of international commercial contracts, (v) the development of international arbitration, and (vi) the emergence of internet and data platform based comparative legal research. Regarding the traditional private international law of contracts, as applied by European courts (of member states of the European Union), the author observes that more European uniformity has come at the cost of complexity. At the same time, the emergence and dissemination of the Unidroit Principles – described as “the biggest achievement of the international legal society since the year 534” – has enabled Simplified Global Contracting (i.e. the choice of the Unidroit Principles in combination with an arbitration clause) and thereby more freedom on a global level.
Tatiana Migunova, Alexey Alad’in, Sergei G. Mitroshin
This article is devoted to the study of the institution of general average in different historical periods and in the legislation of different states. The article also takes into account the influence of the principles of transport safety and general benefit on the formation of a legal approach to determining general average, and also analyzes the relevant paragraphs of the York-Antwerp Rules. One of the authors’ tasks is to consider the institution of general average in the historical and legal context. The objectives of the study also include questions about how the YAR requirements were formulated for an act to be considered general average, and an assessment of the appropriateness or inappropriateness of maintaining the institution of general average in modern maritime international law. The assigned tasks involve the use of a problem-chronological method and techniques of comparative legal analysis. The authors propose to consider general average as a legal institution that developed over different time periods. The first of them is antiquity. Geographically, the study of the origins of general average in the article is limited to the Mediterranean and legally to Roman law, its reception and the norms of English admiralty law. The emergence of the institution of general average was a natural development of the law of the sea in terms of trade, technology, political and social development, and legal development in general. A review of the legal norms related to the institution of general average and an analysis of judicial practice suggest that general average at the present time is the best option for the fair distribution of unforeseen damage and expenses arising during maritime transportation. At the same time, the authors acknowledge the validity of theories that criticize the institution of general average for the long period of resolving claims, the lack of uniformity in the legal procedure and the high cost.
This article provides a comparative analysis of international standards for the protection of persons with disabilities and national legal norms. The study addresses the lack of harmonization between these two sources of law, which poses challenges in ensuring consistent and effective protection of disability rights. Through a critical analysis of the problem and the exploration of potential solutions, the research highlights the importance of aligning national laws with international standards to promote inclusivity and equal opportunities for persons with disabilities. The findings emphasize the need for model legislation, capacity-building initiatives, harmonization frameworks, monitoring mechanisms, inclusive participation, and international cooperation. The practical and legal significance of this research lies in its potential to guide policymakers, legal professionals, and disability rights advocates in the development of inclusive legal frameworks. The article concludes by providing recommendations for future research and legislative initiatives in the field of disability rights.
On 1 September 2023, the Standing Committee of the National People’s Congress amended the Chinese Civil Procedure Law which will come into effect on 1 January 2024 (‘the 2024 CPL’). The 2024 CPL brings significant changes to the entire procedure of transnational civil and commercial litigation in China covering jurisdiction, service of process, the taking of evidence abroad, and the recognition and enforcement of foreign judgments. It is critical for foreign states, courts, and parties which conduct business in China to understand this new legal development and to prepare for the changes. Adopting comparative-law and empirical research methods, this commentary aims to explain the new provisions for transnational civil litigation in the 2024 CPL and how they may be implemented in practice.
Child pornography is almost universally condemned as a form of child sexual abuse and exploitation. Consequently, child pornography is prohibited in many countries. In response to the pervasiveness of child pornography, the United Nations and the Council of Europe have adopted international legal frameworks to criminalize the production, distribution, and possession of child pornographic materials. At present, both the Republic of Korea (South Korea) and Thailand have their own criminal laws against child pornography. The purpose of this article is to present a comparative analysis of the child pornography laws in these two Asian nations against the background of these international legal frameworks to evaluate the extent to which the Korean and Thai child pornography laws are in line with them.
O presente artigo analisa a complexa relação entre jurisdição constitucional, o avanço de movimentos conservadores-reacionários e a proteção dos direitos fundamentais e das minorias em contextos democráticos, principalmente considerando o tão atacado direito à união homoafetiva. A pergunta, portanto, que norteia a investigação é: até que ponto a jurisdição constitucional brasileira protege o direito à união homoafetiva contra tentativas de retrocesso reacionário? A pesquisa se baseou em revisão de literatura e análise de casos legislativos. Os resultados destacam o papel vital da jurisdição constitucional na proteção dos direitos das minorias e a necessidade de equilibrar a autoridade judicial com a representação democrática. Conclui-se que a manutenção do “mínimo civilizatório” requer um compromisso constante com princípios democráticos, direitos humanos e inclusão social, mas não existe respostas definitivas ou mesmo uma proteção contra retrocessos no cenário atual.
Law in general. Comparative and uniform law. Jurisprudence, International relations
Este estudio tiene como objeto plantear los fundamentos adecuados en el Derecho español para instar la indemnización de los daños y perjuicios soportados por los titulares de centros sanitarios y hospitalarios privados como consecuencia de su obligada puesta a disposición de las administraciones públicas sanitarias durante la vigencia del estado de alarma decretado por el Gobierno de España para prevenir los efectos del contagio masivo del virus sars-CoV-2. Tanto el artículo 3.2 de la Ley Orgánica reguladora de los estados de alarma, excepción y sitio como el artículo 120 de la Ley de expropiación forzosa contemplan expresamente la obligación del Estado de indemnizar los daños y perjuicios que se ocasionen a los particulares perjudicados por la puesta a disposición de sus bienes y derechos. De esta forma, si las normas que prescriben la obligada puesta a disposición no contemplan, de manera expresa, la indemnización o la compensación resarcitoria a los particulares perjudicados, éstos tienen expedita la vía de la responsabilidad patrimonial de las administraciones públicas.
هدفت الدراسة الحالية الي اختبار درجة تأثير القيادة المتواضعة علي كل من: السلوك الابتكاري للعاملين، ورأس المال النفسي، وكذلك اختبار درجة تأثير رأس المال النفسي على السلوك الابتكاري للعاملين، وأخيراً اختبار مدي تغير درجة تأثير القيادة المتواضعة على السلوك الابتكاري للعاملين من خلال رأس المال النفسي كمتغير وسيط تداخلي بينهما، ولتحقيق أهداف الدراسة تم تصميم أداة الدراسة (قائمة الاستقصاء) وذلك لقياس متغيراتها. وتكون مجتمع الدراسة من جميع العاملين بشـــركات الهـــاتف المحمــــول بمحافظـــة ســـــوهاج، وتم أخذ عينة حجمها (227) من العاملين بالشركات محل الدراسة. وتوصلت الدراسة الي وجود تأثير ذات دلالة إحصائية للقيادة المتواضعة بأبعادها والمتمثلة في: الوعي الذاتي، والقابلية للتعلم، وتقدير العاملين، وانخفاض التركيز الذاتي على كل من: السلوك الابتكاري للعاملين، ورأس المال النفسي بأبعاده والمتمثلة في: الكفاءة الذاتية، والتفاؤل، والأمل، والمرونة بصفة اجمالية، ووجود تأثير ذات دلالة إحصائية لرأس المال النفسي بأبعاده والمتمثلة في: الكفاءة الذاتية، والتفاؤل، والأمل، والمرونة على السلوك الابتكاري للعاملين، وأخيراً اثبتت الدراسة وجود تأثير ذات دلالة إحصائية لأبعاد القيادة المتواضعة على السلوك الابتكاري للعاملين من خلال أبعاد رأس المال النفسي بصفة اجمالية كمتغير وسيط تداخلي بينهما بشـــركات الهـــاتف المحمــــول بمحافظـــة ســـــوهاج، وقام الباحث بتقديم مجموعة من الدلالات والتوصيات العلمية والعملية بناءً علي النتائج التي تم التوصل اليها.
This article introduces the Special Issue on ‘The Responses of the Council of Europe to the Decay of the Rule of Law and Human Rights Protections’. The Council of Europe (CoE), a unique international organisation with its commitment to protect and promote human rights, the rule of law, and democracy, has been severely tested by the spread and consolidation of trends posing systemic threats to its foundational goals. The authors of this Special Issue assess how the European Court of Human Rights, the Venice Commission, the Parliamentary Assembly, the Committee of Ministers, and the office of the Secretary General have addressed systemic threats to the foundational principles of the organisation in the last decade. The Special Issue finds that the respective legal-institutional features and capacities of the CoE organs as well as the constraining influence of the broader political context in Europe on them vary significantly, hampering the CoE’s ability to produce timely, consistent, and co-ordinated responses against systemic threats.
It has been sufficiently established in law and finance literature that an effective legal framework that governs non-possessory security transactions is a key component in the realization of financial inclusion and affordable access to credit in market economies. Recently, the Nigerian lawmakers enacted the Secured Transactions in Movable Assets Act 2017 (STMA), which was modelled after the United States’ Article 9 of the Uniform Commercial Code (UCC Article 9) and its unitary-functional approach to security interests. Arguably, some of the STMA’s provisions are defective: they do not reflect the local conditions in Nigeria and are likely to frustrate its section 1 aim of broadening access to credit for individuals and small businesses. The STMA recognizes registration as the main method of perfection: yet there are multiple but unlinked movable collateral registries in Nigeria which ultimately constitute a breeding ground for secret liens. This article argues that the relegation of other perfection methods, such as ‘possession’ and ‘control’, will diminish the economic success of the reformed law. It calls for a reconsideration of the rules governing publicity and the perfection of security interests under the STMA with insights and lessons from the UCC Article 9 and its underlying case law.