Hasil untuk "Comparative law. International uniform law"

Tomiwa Sunday Adebayo

Abstract This research addresses a significant gap in previous studies by exploring Finland through new and innovative lenses. First, it offers an in-depth analysis of the impact of financial innovation (FI) and financial globalization (FG) on the ecological footprint (EF) using data from 1991Q1 to 2022Q4. Second, the study incorporates the roles of renewable energy consumption (REC) and economic growth (EG). Third, it employs advanced wavelet tools, including wavelet coherence, partial wavelet coherence (PWC), and multiple wavelet coherence (MWC), to capture the relationships across various time periods. In addition, wavelet Granger causality was used to identify the causal relationships among the variables. The results from wavelet coherence indicate that, in the short and medium terms, FI increases the EF, whereas FG decreases the EF. Additionally, EG increases EF, whereas REC reduces EF in the medium and long terms. To validate the wavelet coherence findings, PWC and MWC were used as robustness tests. The results showed that EG primarily impacts EF in the short and medium terms, whereas REC has the strongest long-term effect. On the basis of these findings, policies are formulated.

I. Gede, Agus Kurniawan, Aras Samsithawrati et al.

Legal pluralism in the resolution of business disputes in Indonesia, Vietnam, and Thailand illustrates the intricate interplay between the particular and the general elements of the national laws, international laws, and other legal systems, which allow for flexibility in resolving disputes, but at the same time brings problems for legal integration and certainty for the business people. This study examines the role of legal pluralism in the resolution of business disputes in Indonesia, Vietnam, and Thailand. Legal pluralism creates an interaction between national law, international law, and other legal systems, providing flexibility in dispute resolution while also posing challenges to integration and legal certainty for business practitioners. The research approach employed is a legal study focusing on literature regarding legal pluralism and business dispute resolution systems. The analysis method used is normative-qualitative, utilizing legislative, conceptual, and comparative methods. The research findings show that legal pluralism in business dispute resolution in Indonesia, Vietnam, and Thailand offers flexibility but also creates legal uncertainty. In Indonesia, the coexistence of civil, Islamic, and customary law leads to overlapping jurisdictions. Vietnam's state-controlled legal system incorporates arbitration and mediation but struggles with enforcing international awards. Thailand balances civil law with Buddhist-influenced mediation, favoring informal resolution but facing enforcement challenges. While legal pluralism enhances accessibility to justice, its effectiveness depends on legal integration and enforcement mechanisms to ensure certainty and fairness in business disputes.

Nurullah Görgen

Yargısal denetim (anayasa yargısı) kavramı, türleri ve uygulanma alanları, Türk ve dünya literatüründe kapsamlı bir şekilde ele alınmıştır. Ancak, tartışmaların genellikle yargısal denetim modellerinden biri olan güçlü form yargısal denetimi üzerinde yoğunlaştığı söylenebilir. Bu nedenle, bu makalenin amacı, literatürde yeterince incelenmemiş alternatif bir model olan zayıf form yargısal denetimini analiz etmektir. Zayıf form yargısal denetimi, anayasal konulardaki uyuşmazlıklarda nihai karar merciinin yasama organı olduğu bir yargısal denetim türüdür. Bu model, Kanada, Birleşik Krallık ve Yeni Zelanda gibi ülkelerde benimsenmiş olup, güçlü form yargısal denetimine yöneltilen eleştirilere (meşruiyet sorunu, demokrasiyle uyumsuzluk, yargısal aktivizm vb.) bir alternatif olarak öne çıkmaktadır. Bu makalede, zayıf form yargısal denetim modelinin uygulamadaki örneklerini göstermek amacıyla, söz konusu modeli benimseyen Kanada, Birleşik Krallık ve Yeni Zelanda hukuk sistemleri incelenecektir. Bu ülkelerin seçilmesinin bir diğer nedeni, zayıf form yargısal denetimin üç farklı alt türünün bu ülkelerde uygulanıyor olmasıdır. Ayrıca, makalede yargısal denetim kavramı, yargısal denetim modellerinin yeniden sınıflandırılması, güçlü form yargısal denetime yöneltilen eleştiriler ve zayıf form yargısal denetimin avantajları da ele alınacaktır. Böylece, öğretide görece az bilinen zayıf form yargısal denetim modeli kapsamlı bir şekilde açıklanacaktır. Sonuç olarak, bu makale hem teorik çerçevede hem de uygulama örnekleri üzerinden zayıf form yargısal denetimini ele alarak, bu modelin mevcut yargısal denetim modelleri (Amerikan tipi ve Avrupa tipi) dışında, bağımsız bir yargısal denetim modeli olarak değerlendirilmesi gerektiğini ortaya koymayı amaçlamaktadır.

I. V. Dykhanov

INTRODUCTION. Dredging is an activity aimed at increasing the depth of a specific water area by extracting bottom sediments. This activity is carried out using a special type of technical fleet vessels – dredgers. The high technical complexity of dredging operations, their environmental impact, and the unique nature of this activity, which requires the use of specialized vessels, necessitate a comprehensive regulatory framework. The European Union (EU, Union) is home to leading companies providing dredging services, making the EU’s regulatory approach to this sector of particular interest. MATERIALS AND METHODS. This article examines the legal aspects of dredging regulation in the EU. The author relies on the works of both Russian and foreign scholars dedicated to the legal and operational specifics of dredging activities. Given the topic of this study, the works of Russian scholars primarily focus on general aspects of dredging operations, whereas foreign researchers address specific regulatory issues within the EU. The study is based on an analysis of EU legal acts, including primary EU law, such as the Treaty on the Functioning of the European Union, as well as secondary EU law—various directives and regulations governing dredging operations. The author also examines case law of the Court of Justice of the European Union (CJEU) related to dredging activities and the operation of dredging vessels. Additionally, the study considers global international treaties on navigation and other sources of international law. The research methodology includes formal legal analysis, legal hermeneutics, and comparative methods. RESULTS. The EU does not classify dredging as a transport service but rather regulates it as an engineering, hydraulic, and construction activity. This approach is both justified and widely applied: navigability is a secondary aspect of dredging, whereas the primary objective is sediment extraction. The EU’s regulatory model for dredging can be characterized as flexible, as it balances the fundamental principle of the freedom to provide services with the necessity of protecting critical infrastructure, which allows for restrictions on access to the EU dredging market on security grounds. However, the study identifies gaps in the regulation of extracted sediment, which, depending on the circumstances, may be classified either as waste or as a secondary resource. Additionally, there is a lack of detailed rules governing the access of foreign companies to the EU dredging market. DISCUSSION AND CONCLUSION. The flexibility of the EU’s regulatory approach to dredging allows for adaptation to specific project conditions, which is one of its key advantages. However, the absence of a uniform approach to the legal status of extracted sediment creates uncertainty in regulatory enforcement. Moreover, although EU law provides for restrictions on market access for third-country companies, these restrictions are currently implemented through measures against foreign subsidies rather than direct market access limitations, which contradicts the original intent of such restrictions. Overall, the EU's regulatory experience in this sector can be considered positive, though requiring further refinement and improvement.

G. Egorov, Maxim Sevostyanov, Ksenia Shubenkova

Introduction: the article examines the current topic of international legal regulation, with a special emphasis on the rapidly developing areas of artificial intelligence and neural networks. The analysis of numerous documents prepared by authoritative international organizations, such as the United Nations, the Organization for Economic Cooperation and Development, as well as the Group of Seven (G7) and the Group of Twenty (G20), provides a comprehensive picture of the current state of the legal landscape in this area. In addition, the work provides an overview of the scientific points of view of leading experts in the field of law, which allows us to evaluate various theoretical approaches to the problem of legal regulation of artificial intelligence (AI). As a result of the study, the key principles that states are guided by when forming their national legal framework in the field of artificial intelligence were identified. The main problems with that said are the lack of unified approaches to AI regulation, which entail legal uncertainty and potential conflicts of jurisdiction. The purpose of the work is to analyze the current state of the regulatory landscape, identify the key principles of national legislation and assess the prospects for international cooperation. Methods: the methodological frame work for the research includes: the comparative legal analysis of international acts; the systemic study of the interaction of legal regimes; the normative and dogmatic interpretation of terminology; the content analysis of expert positions; the legal modeling of prospects for harmonization of legislation. The application of interdisciplinary synthesis combining legal, technical and ethical aspects ensures the complexity of the research results. The main conclusions emphasize the need to harmonize AI regulation at the global level, including clarifying the key concepts and terms to ensure uniform application of legal norms. The analysis contributes to scientific discourse and may be useful to public policy makers seeking to create a balanced legal environment for the development of AI technologies.

J. Hutson

Objective: to identify the prospects and directions of copyright law development associated with the increasing use of generative artificial intelligence.Methods: the study is based on the formal-legal, comparative, historical methods, doctrinal analysis, legal forecasting and modeling.Results: the article states that the emergence of generative artificial intelligence makes one rethink the processes occurring in the field of creative activity and the traditional copyright system, which becomes inadequate to modern realities. The author substantiates the necessity of legal reassessment of copyright and emphasizes the urgent need for updated means of copyright protection. Unlike previous digital tools, which expanded human creativity by improving original works, generative artificial intelligence creates content through complex algorithmic processes, blurring the boundaries of authorship and originality. The research shows limitations of existing intellectual property law, as courts deny copyright in works created by artificial intelligence and insist on the need for “human authorship”. Such decisions emphasize the contradiction between existing laws and the reality of co-creation involving artificial intelligence. It is argued that taking into account the creative potential of generative artificial intelligence will facilitate the evolution of copyright law towards hybrid approaches, with artificial intelligence as an integral, albeit secondary, tool. It seems promising to create flexible intellectual property standards that give artists the opportunity to restrict or authorize the use of their works as training data for artificial intelligence, as well as ensure that authors retain control over their works included in datasets for training artificial intelligence, in case copyright metadata is integrated into digital works, etc.Scientific novelty: based on the analysis of the latest judicial precedents, modern international regulations and evolving institutional practices, the author proposes a balanced adaptive approach to copyright reform to ensure the ethical integration of generative artificial intelligence into the creative ecosystem and to develop flexible copyright protection measures that correspond to the rapid technological progress.Practical significance: the proposed combined approach will allow generative AI tools to become part of the human creative process in the same way that previous generations used digital tools. At the same time, it will contribute to the creation of an environment where the autonomy of authors is respected. This will not only protect the creators of creative content, but also broaden the understanding of creativity as a collaboration with generative artificial intelligence, where artificial intelligence is positioned as a force that complements but not replaces humans in creativity.

Arifuddin Muda Harahap, Mar'ie Mahfudz Harahap, Rahmad Efendi et al.

This study provides a critical comparative study of the labour laws of Indonesia and Malaysia, two of the most prosperous economies in Southeast Asia, but with different legal systems due to their respective political, socio-economic and colonial legacies. A wide range of topics were discussed, covering almost all major issues related to the laws affecting practise, namely historical development and legal reforms, current challenges related to wage inequality, migrant workers and enforcement of labour protection. A qualitative comparative analysis was conducted based on primary legal documents, including the Indonesian Omnibus Law on Job Creation and the Malaysian Employment Act 1955 as amended, supplemented by secondary sources such as policy papers and academic articles. The findings suggest that decentralisation in Indonesia leads to uneven enforcement across regions, while Malaysia's centralised administration falls short in protecting migrant workers. In both countries, economic growth clashes with labour rights, with Indonesia struggling with a largely informal sector and Malaysia with a very high dependence on migrant workers. The discussion emphasises the fact that while recent legislative reforms have taken place, weak enforcement and problematic dispute resolution reflect the persistent problems. The study concludes by outlining policy implications that support strengthening enforcement mechanisms, formalising the informal sector and adhering to international labour standards to promote good employment practises. The results obtained with such a methodology contribute to the discourse on labour law and provide insights for policy makers, academics and other stakeholders concerned with the dynamics of the labour market in Southeast Asia.

A. M. Oreshenkov

INTRODUCTION. The article examines the issue of such a widespread concept in the practice of communication on international “space” platforms as “space debris”, in particular, what, from the point of view of the norms of international space law, represents this word combination, introduced into international circulation in the 70‒90s of the last century when discussing the problem of contamination created by it in near-Earth space.MATERIALS AND METHODS. The material for the study are treaties of international space law, the Vienna Convention on the Law of Treaties 1969, resolutions of the UN General Assembly, reports of the UN Committee on the Peaceful Uses of Outer Space, as well as its Legal, and Scientific and Technical Subcommittees, statements of some delegations at their sessions, works of Russian and foreign scientists, materials of international structures, in particular the Inter-Agency Space Debris Coordination Committee, US regulations. Carrying out a comparative analysis of normative and other documents of the named structures, as well as some provisions of international treaties (taking into account their conceptual, vocabulary and terminological content), the author uses the general scientific method of cognition.RESEARCH RESULTS. The current increased interest to the issue of “space debris” active removal has revealed the need to clarify the international legal basis for the emergence and use of this concept for further possible practical and international legal actions aimed at solving problems associated with such removal. It’s noted the lack of uniformity in the use of terms and word combinations on the issues under study, are considered definitions for “space debris” developed without due regard to the applicable norms of international space law, and are given regulatory explanations to the status of documents adopted in this area by various international structures and organizations.DISCUSSION AND CONCLUSIONS. Assessing the current situation in matters of near-Earth space contamination, it can be noted that the issue of active removal of “space debris” should be resolved in the context of ensuring safe access to space, which is an integral part of the triune problem of space traffic management, the regulation of which is becoming an urgent problem and requires the development of a generally accepted legally binding international treaty.

Garima Tiwari

In the background of the climate change, we estimate that one of the problems that humanity is to face in the near future concerns natural resources. In our view, water is one of the resources that will become increasingly important in the coming years by being on the way to diminishing. Force majeure events such as the vegetation fires or floods in the summer of 2023 show us that people and nature must be friends. Given that drinking water is vital for human existence, we believe that the proposed topic is of general interest and should be of concern not only to public authorities, but to the entire scientific community and to individuals, which makes it topical and important. The scope of the study is to analyse the issue of water, which means that, on the one hand, we will investigate the national regulatory framework but also comparative law to know how the legislator relates to water and, on the other hand, we will capture the current international trends in this field. By using research methods specific to law, we will underline the conclusion of our paperwork, that the protection of water resources is the responsibility of all of us: individuals, authorities, states, taking into consideration present and future generations. Keywords: public authorities; water; public good; Administrative Code; case-law.

Mario Germán Iguarán Arana

Mingyu Yu, Jiayang Wang, Sahani A. Iddawela et al.

GaAs(111)B is a semiconductor substrate widely used in research and commercial fields due to its low cost, mature synthesis technology, and excellent properties for manufacturing electronic devices. It is not only used to grow three-dimensional (3D) strongly-bonded materials, but has also been used as a substrate for layered, van der Waals (vdW)-bonded chalcogenide film growth. However, GaAs(111)B wafers cannot be directly used for growing epitaxial vdW chalcogenide films for two reasons: (1) the GaAs surface has a substantial number of dangling bonds that need to be passivated for vdW layers growth; (2) the substrate surface is covered with a thin epi-ready oxide layer which must be removed before film growth. In this paper, we optimize the method for deoxidizing GaAs(111)B substrates under a Se overpressure and successfully create a smooth, deoxidized, and passivated substrate for subsequent growth of vdW chalcogenide materials. We demonstrate the benefits of this method for the growth of vdW chalcogenide thin films using GaSe as a representative of vdW chalcogenides. In addition, we find that severely aged substrates have difficulty maintaining a smooth surface during the deoxidation and passivation process and cause GaSe crystals to nucleate in random shapes and orientations. We describe a method using water droplet testing to determine the age of the substrate. Finally, X-ray photoelectron spectroscopy (XPS) characterization reveals that the natural aging of GaAs(111)B in the air results in an increase in surface oxides, Ga2O3 and As2O3, while exposure to ultraviolet (UV)-ozone not only enhances the contents of these two oxides but also generates a new oxide, As2O5. Our research contributes to expanding the compatibility of GaAs(111)B with diverse growth materials and the production of high-quality heterostructure devices.

C. Abbot, Maria Lee

This article explores the relative neglect by environmental NGOs—at least until recently—of the middle, public participation, pillar of the Aarhus Convention. This can be seen in litigation, as well as in political advocacy, both domestically and at the international (Aarhus) level. Interviews with some key actors in this area and analysis of published documents provide insights into NGO decision-making. The limits of law become clear—Aarhus rights are made real only through the commitment of governments and civil society. A nuanced combination of internal and external factors contributes to explaining the lack of NGO attention to Aarhus’ middle pillar. We may also see some indications that NGOs envisage participation as a process properly dominated by expertise. This is far from uniform, however, and other parts of the community clearly appreciate and value the significance of lay participation in the environmental arena.

Utegenov Ongarbay Dariyabayevichc

This article provides a comprehensive analysis of the intersection between ecological law and the cyber era. With the rapid advancement of technology, the enforcement and regulation of ecological laws have seen significant changes. This paper explores these transformations, particularly focusing on privacy and data protection issues, the effectiveness of international regulatory frameworks, and the challenges of cross-border regulation. Furthermore, the study delves into the need for an adaptive regulatory framework that balances technological progress and ecological conservation. It concludes with a discussion on the future of ecological law in the cyber era, shedding light on emerging legal and regulatory challenges and providing recommendations for policymakers, regulators, and digital platform developers. The research methodology includes a thorough literature review, legal analysis, and comparative studies of various ecological law frameworks across different jurisdictions. The findings of this study underscore the urgency of addressing the complexities of ecological law in the digital age and the importance of proactive regulation for a sustainable future.

S. Janigová

Dik van de Meent, Dick de Zwart, Jaap Struijs et al.

Abstract This paper describes a straightforward modeling procedure to derive ‘expected risk’ (ER) of chemical substances. Starting from proposed use volumes, intended uses, physical and chemical substance properties and toxicity information, the procedure combines multimedia environmental fate modeling with species sensitivity modeling to derive the probability that exposure concentrations exceed critical effect concentrations. The procedure was tested on 1977 so-called mono-constituent organic chemicals that had been registered to be marketed in the EU, after ‘possibility to be used safely’ had been demonstrated by showing that the possible Risk Quotients (RQ) defined as PEC/PNEC ratios (Predicted Exposure Concentration & Predicted No Effect Concentration) were expected to remain below the value of 1, as required by REACH. It appears from this study that (i) RQ and ER of chemicals can be calculated readily, reliably, transparently and reproducibly, that (ii) both RQ and ER can be used to assess whether a new chemical may exceed a chosen acceptability level, but that (iii) in addition ER can be straightforwardly used to rank chemicals according to expected environmental safety. In conclusion, the paper states that modeling ER of chemicals (instead of estimating RQ values), could strengthen the scientific basis of environmental risk assessment for use in REACH. The paper further recommends that more robust environmental risk calculation can be done by using acute EC50, instead of chronic NOEC as critical effect concentration.

Hari Sugiharto Yusuf, Juajir Sumardi, Birkah Latif

This research discusses the position of the Marine Security Agency in law enforcement at sea. This research uses a statutory approach and a historical approach. Descriptive qualitative analysis technique, namely by describing, explaining, describing, and describing primary legal materials and secondary legal materials following the problems closely related to this research, then drawing a conclusion based on the analysis that has been done. The results showed that the position of the Marine Security Agency (Bakamla) with fellow law enforcers at sea as a coordinator, but it does not eliminate the authority of other law enforcers. Bakamla is present to replace the function of the Marine Security Coordinating Agency (Bakorkamla) which was previously considered to fail in synergizing law enforcement at sea. Meanwhile, Bakamla's authority is to conduct instant pursuit, stop, inspect, arrest, bring ships, and hand over to related agencies. These authorities are authorities that are often found in the investigation process, but Bakamla as a law enforcer at sea, is not given the authority to conduct investigations. Bakamla's authority as an investigator is still waiting for the Omnibus Law on Marine Security which is currently being discussed in the House of Representatives.

Charles J. Law, Felipe Alarcón, L. Ilsedore Cleeves et al.

The central star and its energetic radiation fields play a vital role in setting the vertical and radial chemical structure of planet-forming disks. We present observations that, for the first time, clearly reveal the UV-irradiated surface of a protoplanetary disk. Specifically, we spatially resolve the atomic-to-molecular (C I-to-CO) transition in the IM Lup disk with ALMA archival observations of [C I] $^3$P$_1$-$^3$P$_0$. We derive a C I emitting height of z/r $\gtrsim$ 0.5 with emission detected out to a radius of ${\approx}$600 au. Compared to other systems with C I heights inferred from unresolved observations or models, the C I layer in the IM Lup disk is at scale heights almost double that of other disks, confirming its highly flared nature. C I arises from a narrow, optically-thin layer that is substantially more elevated than that of $^{12}$CO (z/r $\approx$ 0.3-0.4), which allows us to directly constrain the physical gas conditions across the C I-to-CO transition zone. We also compute a radially-resolved C I column density profile and find a disk-averaged C I column density of 2$\times10^{16}$ cm$^{-2}$, which is ${\approx}$3-20$\times$ lower than that of other disks with spatially-resolved C I detections. We do not find evidence for vertical substructures or spatially-localized deviations in C I due, e.g., to either an embedded giant planet or a photoevaporative wind that have been proposed in the IM Lup disk, but emphasize that deeper observations are required for robust constraints.

Charles J. Law, Alice S. Booth, Karin I. Öberg

Planets form in dusty, gas-rich disks around young stars, while at the same time, the planet formation process alters the physical and chemical structure of the disk itself. Embedded planets will locally heat the disk and sublimate volatile-rich ices, or in extreme cases, result in shocks that sputter heavy atoms such as Si from dust grains. This should cause chemical asymmetries detectable in molecular gas observations. Using high-angular-resolution ALMA archival data of the HD 169142 disk, we identify compact SO J=8$_8$-7$_7$ and SiS J=19-18 emission coincident with the position of a ${\sim}$2 M$_{\rm{Jup}}$ planet seen as a localized, Keplerian NIR feature within a gas-depleted, annular dust gap at ${\approx}$38 au. The SiS emission is located along an azimuthal arc and has a similar morphology as a known $^{12}$CO kinematic excess. This is the first tentative detection of SiS emission in a protoplanetary disk and suggests that the planet is driving sufficiently strong shocks to produce gas-phase SiS. We also report the discovery of compact $^{12}$CO and $^{13}$CO J=3-2 emission coincident with the planet location. Taken together, a planet-driven outflow provides the best explanation for the properties of the observed chemical asymmetries. We also resolve a bright, azimuthally-asymmetric SO ring at ${\approx}$24 au. While most of this SO emission originates from ice sublimation, its asymmetric distribution implies azimuthal temperature variations driven by a misaligned inner disk or planet-disk interactions. Overall, the HD 169142 disk shows several distinct chemical signatures related to giant planet formation and presents a powerful template for future searches of planet-related chemical asymmetries in protoplanetary disks.

M. Ivanova, Natalia Escobar-Pemberthy, A. Dubrova et al.

International environmental law is a key governance instrument for the protection of the environment. Countries take on a range of obligations when they join multilateral environmental agreements. This chapter presents a comparative assessment of the implementation of international environmental law in 13 countries for four agreements dealing with pollution and conservation. It offers an empirical assessment based on the Environmental Conventions Index (ECI) developed at the Center for Governance and Sustainability at the University of Massachusetts, Boston, and compares performance across four key categories: regulation, management, information, and technical measures. The analysis establishes a baseline for assessing the implementation of international environmental law and explaining the impact of national characteristics, policies, and actions on the fulfillment and effectiveness of international environmental agreements.

T. Hartley

Abstract This article consists of a comparative study of the basic principles underlying the rules of jurisdiction in private international law in commercial cases in the law of the European Union, the United States and England. It considers the objectives which these rules seek to achieve (protection of the rights of the parties and respect for the interests of foreign States) and the extent to which these objectives are attained. It takes tort claims, especially in the field of products-liability, as an example and considers which system has the most exorbitant rules. It suggests explanations for the differences found.