Hasil untuk "Comparative law. International uniform law"

Jae Hyung Kim

Since its enactment on February 22, 1958, the Korean Civil Code has remained largely unchanged for 67 years, except for family law and inheritance law. As a result, much of the Code no longer reflects social changes. Consequently, revising the Civil Code has long been a central topic in Korean civil law scholarship. The Commission on European Contract Law, established under the chairmanship of the late Ole Lando (the “Lando Commission”), published the Principles of European Contract Law (PECL) between 1995 and 2003. Proposed as a means of unifying European contract law, PECL made a profound impact on the legal community. Subsequently, the European Union attempted to legislate a European Civil Code, and in particular a Common European Sales Law (CESL). PECL exerted a major influence on civil code revisions in numerous countries, including Germany, France, and Japan. Although PECL have not been adopted at the EU level or as domestic law in individual European nations, they may be said to contribute to the harmonization and unification of contract law across countries worldwide, well beyond Europe. Why have PECL, despite being an academic work, been so widely accepted or prominently discussed in individual nations’ civil code reform efforts? The answer lies in the fact that the Lando Commission drew extensively from civil law and common law traditions, the civil codes of various European nations, international treaties such as CISG, the American Restatement (Second) of Contracts, and the Uniform Commercial Code, among other sources, to present a rational model for contract law. The Commission sought to present an ideal model for contract law, at times selecting one approach from among civil law, common law, or international norms, and at other times reaching a conclusion through adjustment and compromise. As a result, PECL broadened the horizon for considering what constitutes the most rational contract law norms, and offered a way to bridge — or at least to find a lingua franca for — the gap between civil law and common law systems. The Civil Code Revision Committee, established by the Ministry of Justice in 2023, prepared and submitted a draft amendment to the contract law provisions of the Civil Code to the Ministry of Justice. The draft then underwent the Ministry of Justice’s legislative notice, the Ministry of Government Legislation’s legal review, and deliberation by the State Council, before being submitted to the National Assembly as a government bill on December 18, 2025. In preparing this draft amendment, reference was made not only to academic theories and case law developed since the enactment of the Civil Code and to civil codes of other countries, but also to various model rules, including PECL. Similarities to PECL can be identified in several of the proposed amendments, including those concerning the revocation of an offer, interpretation of contracts, mistake, termination of contract, the right to demand performance, the right to cure, change of circumstances, and penalty clauses. PECL and the subsequent scholarly discussions it has generated will contribute to a deeper understanding of the proposed amendments and will assist in the interpretation and application of the Civil Code once the amendments are passed. Furthermore, comparative law discussions, including PECL, can serve as a valuable point of reference when drafting amendments to the Civil Code on topics such as extinctive prescription, assignment of claims, set-off, and obligations involving multiple parties, thereby contributing to the development of more rational amendments. While the outcome of the ongoing Civil Code revision process remains uncertain, it will undoubtedly mark another significant milestone in the development of civil law scholarship. It is hoped that this process will serve as a springboard for elevating civil law scholarship to a new level by reviewing the doctrines and case law that have emerged since the enactment of the

Babatunde Bamidele Oyeyemi, Akinlolu Micheal Ifedayo, MosopeoluwaAwodola

The incorporation of artificial intelligence (AI) into global supply chains is revolutionizing industries by increasing productivity, cutting costs, and improving decision-making. However, the adoption of AI in supply chains also presents significant ethical challenges, especially when comparing advanced economies like the United States and developing economies like Nigeria. This study examines the ethical issues that arise from AI-powered supply chains through a comparative policy lens, focusing on the U.S. and Nigeria. In the U.S., ethical concerns center on privacy, data security, algorithmic transparency, and the possibility of job displacement, while in Nigeria, additional challenges include infrastructure constraints, a lack of regulatory frameworks, and a digital divide that exacerbates the ethical implications of AI adoption in supply chains. This looks at how the policies of the two nations handle these problems, with the US highlighting the necessity of precise laws, moral standards, and corporate accountability in the application of AI. Nigeria's new AI laws, on the other hand, emphasize data governance, capacity building, and the development of an inclusive digital environment. The significance of customized policy solutions that take into account the distinct economic, social, and technical circumstances of each country is highlighted by examining these divergent approaches. The report also emphasizes the necessity of international collaboration in creating uniform ethical guidelines for artificial intelligence in global supply chains. The findings suggest that while AI holds the potential to revolutionize supply chains, it also necessitates careful policy planning and ethical oversight to ensure that its benefits are realized equitably and sustainably across different regions. Keywords: Ethical, Challenges, AI-powered, Supply chains, U.S, Nigeria, Policy perspective.

Juan Alejandro Martínez Navarro

La judicialización del cambio climático ha emergido como un mecanismo clave para exigir la protección del medio ambiente ante la inacción estatal. A través del análisis de principios ambientales como el de precaución, no regresión y desarrollo sostenible, este estudio examina el creciente protagonismo del poder judicial en la gobernanza climática. Asimismo, se abordan los desafíos jurídicos y políticos de esta tendencia, incluyendo la tensión entre activismo judicial y separación de poderes, así como la efectividad de las sentencias climáticas. En este contexto, se plantea la necesidad de consolidar un modelo híbrido de protección ambiental que combine la litigación estratégica con marcos normativos sólidos, garantizando una tutela efectiva del derecho a un medio ambiente sano. Fecha de recepción: 12.03.2025 Fecha de aprobación: 10.06.2025

Iryna Koval

The article discusses the issues of legal protection and enforcement of industrial property rights. The concept and content of administrative legal protection and administrative legal enforcement of industrial property rights are defined. The concept of administrative legal protection is based on the concept and structure of the mechanism of administrative legal regulation. The components of the mechanism of administrative legal regulation of industrial property relations include: administrative legal norms; legal facts which are the basis for administrative legal relations; administrative legal relations; acts of realization of rights and obligations by the subjects of these legal relations; and activities of authorized bodies for the application of legal norms. The author outlines the range of bodies authorized by the state to carry out administrative legal enforcement of these rights: customs authorities of Ukraine, bodies of the Antimonopoly Committee of Ukraine, which ensures state protection of competition in business and public procurement, the Appeals Chamber of the Ukrainian National Office for Intellectual Property and Innovations, and local courts. It is established that the peculiarities of administrative legal enforcement of industrial property rights lies, firstly, in the combination of protection of public and private interests in the area of legitimate exercise of these rights; secondly, the administrative legal procedure for enforcement of industrial property rights is based on a combination of actions of authorized bodies and actions of right holders who initiate the procedure. In view of this, it is proposed to exclude the provision of Part 5 of Article 397 of the Customs Code of Ukraine on the exemption of customs authorities from liability for failure to take measures for the enforcement of intellectual property rights. To improve the administrative legal enforcement of industrial property rights, it is also proposed to bring the content of actions recognized as unfair competition in Art. 164-3 of the Code of Ukraine on Administrative Offenses and the Law of Ukraine ’’On Protection Against Unfair Competition’’ into line.

Mustazee Rahman

This article studies the temporal law of the KPZ fixed point. For the stationary geometry, we find the two-time law, which extends the single time law due to Baik-Rains and Ferrari-Spohn. For the droplet geometry, we find a relatively simpler formula for the multi-time law compared to a previous formula of Johansson and the author. These formulas are derived as the scaling limit of corresponding multi-time formulas for geometric last passage percolation.

Persi Diaconis, Eugenio Giannelli, Robert M. Guralnick et al.

Let $P_n$ be a Sylow $p$-subgroup of the symmetric group $S_n$. We investigate the number and sizes of the $P_n\setminus S_n\ /\ P_n$ double cosets, showing that most double cosets have maximal size when $p$ is odd, or equivalently, that $P_n\cap P_n^x=1$ for most $x\in S_n$ when $n$ is large. We also find that all possible sizes of such double cosets occur, modulo a list of small exceptions.

Noemi David, Matt Jacobs, Inwon Kim

In this paper we study singular limits of congestion-averse growth models, connecting different models describing the effect of congestion. These models arise in particular in the context of tissue growth. The main ingredient of our analysis is a family of energy evolution equations and their dissipation structures, which are novel and of independent interest. This strategy allows us to consider a larger family of pressure laws as well as proving the joint limit, from a compressible Brinkman's model to the incompressible Darcy's law, where the latter is a Hele-Shaw type free boundary problem.

Nguyen Minh Tuan, D. Hanh, H. Huong et al.

Abstract: Digital transformation is a key driver in modern healthcare systems. In Vietnam, transitioning from paper-based to electronic health records (EHR) offers improved efficiency and quality in healthcare services. However, safeguarding personal data within EHRs is paramount due to the sensitivity of the information involved. This paper explores the existing legal framework on personal data protection for EHRs in Vietnam, identifies critical gaps, and provides actionable recommendations for enhancing legal mechanisms. The study underscores the necessity of a comprehensive law on personal data protection and the development of uniform standards and enforcement mechanisms.   Objective: The aim of this study is to examine the legal framework for personal data protection in electronic health records (EHRs) within the context of Vietnam's digital transformation. The aim is to identify existing gaps and propose actionable solutions to enhance data protection and foster trust in digital healthcare.   Theoretical Framework: This research draws on concepts from data protection regulations such as the General Data Protection Regulation (GDPR) and relevant Vietnamese legal texts, including Decree No. 13/2023/ND-CP. These frameworks provide a basis for analyzing the current state of personal data protection and its implications for healthcare.   Method: The study adopts a qualitative approach, using document analysis and comparative methodologies. Primary sources include Vietnamese legal documents, international standards, and case studies. We incorporated insights from legal experts and healthcare practitioners to contextualize findings.   Results and Discussion: The analysis reveals significant gaps in Vietnam's legal framework, including the absence of a comprehensive data protection law, inconsistent standards for EHR data processing, and insufficient sanctions for violations. Recommendations include enacting a unified law, establishing standardized practices, and enhancing public awareness. Discussion highlights the alignment of these proposals with international best practices and their potential to strengthen trust in EHR systems.   Research Implications: Findings underscore the need for a robust legal framework to safeguard sensitive personal data in healthcare. Practical implications include improved regulatory consistency and greater public confidence in digital health initiatives.   Originality/Value: This study contributes by providing a structured evaluation of Vietnam’s data protection mechanisms in EHRs, offering innovative solutions tailored to local challenges while incorporating global insights.

Freddy Escobar Rozas

En marco del aniversario número cuarenta del Código Civil, el Dr. Freddy Escobar, uno de los pocos civilistas nacionales que se ha aventurado al estudio del Derecho Civil desde la filosofía moral, nos brinda algunos importantes alcances respecto a la materia, sus implicancias históricas y su aplicación práctica. Asimismo, realiza un balance respecto del trabajo realizado por el legislador del Código Civil de 1984 desde la mentada perspectiva. A nuestro entender, este es un ejercicio más que necesario, pues en nuestro medio este tipo de balances suelen ser formales o, en el mejor de los casos, dogmáticos. Ahora bien, el aporte del profesor Escobar en este rubro no se limita a los estrechos confines de esta entrevista, sino que se encuentra también (y sobre todo) en su obra escrita. Algunos títulos que recomendamos con entusiasmo son los siguientes: Contratos: Fundamentos económicos, morales y legales (2020), Reglas insensatas: Las inconsistencias conceptuales, estratégicas y políticas del Código Civil (2021), y Justicia correctiva vs. justicia funcional: Aristóteles, Bentham y el sistema de remedios legales (2023). Este Consejo Editorial espera que las siguientes líneas sean tan provechosas para quien las lee como lo fueron para nosotros. Y es que las instituciones, sobre todo las civiles, no pueden evaluarse desde el derecho mismo, sino que deben pasar por el baremo de la moralidad y la eficiencia económica.

M. N. Tarabishy

In this work, we introduce the Law of Closest Approach which is derived from the properties of conic orbits and can be considered an addendum to the laws of Kepler. It states that on the closest approach, the distance between the objects is minimal and the velocity vector is perpendicular to the position vector with maximum speed. The ratio of twice the kinetic energy to the negative potential energy is equal to the eccentricity plus one. The advantage of this law is that both speed and position are at extremum making the calculation of the eccentricity more robust.

V. V. Tkacheva

INTRODUCTION. The granting of asylum to people persecuted by the host State on political grounds in the premises of diplomatic missions can be traced in the practice of different countries for many centuries. Nevertheless, the institution of diplomatic asylum remains one of the most controversial issues of international law and diplomatic practice primarily due to the lack of international legal regulation, which leads to divergent positions of states on the admissibility of granting diplomatic asylum. In practice, inconsistent practice in this regard serves as a basis for potential international disputes, as well as violation of the inviolability of diplomatic missions by the host State, abuse of immunities and privileges and interference in internal affairs by the accrediting State. Despite the existence of a treaty framework governing the procedure for granting this type of asylum, the practice of Latin American countries is also inconsistent and contradictory. In this regard, the article analyzes the current international legal issues of the institution of diplomatic asylum, including its role and place in international law, along with the peculiarities of the procedure for granting it both in Latin American countries and in states of other regions. MATERIALS AND METHODS. The present study was carried out on the basis of universal international agreements, as well as regional acts applicable to the institution of diplomatic asylum. In preparing the article, the author also took into account works of leading Russian and foreign experts in the field of international law and diplomacy. In addition, for the purposes of the research court decisions rendered on the disputes arising in the course of the implementation of the institution in question were analysed. The following general scientific and special methods of cognition were used in the work: dialectical method, methods of analysis and synthesis, deduction and induction, comparative-legal and historical-legal methods. RESEARCH RESULTS. The article provides a comprehensive analysis of diplomatic asylum institution legal basis, including the inherent characteristics of Latin American regional approach to the right of asylum in premises of legations. Special attention was paid to the practical aspects of the question under consideration, based on existing case law, that facilitated the identification of conflicts of universal and regional legal norms applicable to the institution of diplomatic asylum. In particular, legal uncertainty was revealed regarding the correlation between the sovereignty of the host State and the inviolability of the premises of the diplomatic mission of the accrediting State.DISCUSSION AND CONCLUSIONS. Based on the conducted research, the author concludes that the absence of universal international legal recognition of the diplomatic asylum institution, uniform practice of states and universal international treaty regulating the issues of its granting contribute to the formation of a dangerous trend: host states apply illegal measures against foreign diplomatic missions thus infringing not only the inviolability of its premises, but also the provisions of international law, justifying their wrongful acts by the need to prosecute undesirable persons who have taken refuge on the foreign state’s territory, thereby undermining the foundations of international security. The interstate disputes arising in this regard necessitate further reglamentation of the institute of diplomatic asylum to develop a unified legal approach to the matter at issue.

Jan Kleinheisterkamp

This Article traces the concept of transnational public policy as developed in the context of international arbitration at the intersection between legal theory and practice. The emergence of such a transnational public policy, it is claimed, would enable arbitrators to safeguard and ultimately to define the public interests that need to be protected in a globalized economy, irrespective of national laws. A historical contextualization of efforts to empower merchants and their practices in Germany and the United States in the nineteenth and early twentieth centuries highlights their reliance on the mythical lex mercatoria that shaped English commercial law. Further contextualization is offered by the postwar invocation of “general principles of law recognized by civilized nations,” to keep at bay the application of supposedly less civilized, parochial legal orders, and by the consequent emergence of the “new” lex mercatoria as conceptualized especially in France. These developments paved the way, on the theory side, for later conceptualizations of self-constitutionalizing law beyond the state, especially by Gunther Teubner, and, on the practice side, for the notion of transnational public policy developed by arbitrators, especially by Emmanuel Gaillard, culminating in jurisprudential claims of an autonomous arbitral legal order with a regulatory dimension. In all these constructions, the recourse to comparative law has been a crucial element. Against this rough intellectual history, the Article offers a critique of today’s construction of transnational public policy by probing into its constitutional dimension and the respective roles of private and public interests. This allows, in particular, to draw on parallels to historic U.S. constitutional debates on the allocation of regulatory powers in federalism.

Seyed Ali Haji Esmaeili, Ahmad Sobhani, Sajad Ebrahimi et al.

<i>Background</i>: Due to the growing demand for energy and environmental issues related to using fossil fuels, it is becoming tremendously important to find alternative energy sources. Bioethanol produced from switchgrass is considered as one of the best alternatives to fossil fuels. <i>Methods</i>: This study develops a two-stage supply chain modeling approach that first determines feasible locations for constructing switchgrass-based biorefineries in the state of North Dakota by using Geographic Information Systems (GIS) analysis. In the second stage, the profit of the corresponding switchgrass-based bioethanol supply chain is maximized by developing a mixed-integer linear program that aims to commercialize the bioethanol production while impacts of energy use and carbon emission costs on the supply chain decisions and siting of biorefineries are included. <i>Results</i>: The numerical results show that carbon emissions and energy consumption penalties affect optimal biorefinery selections and supply chain decisions. <i>Conclusions</i>: We conclude that there is no need to penalize both emissions and energy use simultaneously to achieve desirable environmental benefits, otherwise, the supply chain becomes non-profitable. Moreover, imposing emissions or energy consumption penalties makes the optimization model closer to supply sources while having higher land rental costs. Such policies would promote sustainable second-generation biomass production, thus decreasing reliance on fossil fuels.

Jaime Gerónimo De La Cruz

La presente investigación surge ante la necesidad de frenar el crecimiento de la corrupción que ocurre dentro de las instituciones públicas, específicamente, en las contrataciones del Estado. En la actualidad, es evidente que la corrupción se ha expandido a todos los rincones del sector estatal, llegando incluso a consolidarse en los aparatos más complejos del Estado como son las contrataciones públicas, donde se destina una gran cantidad de dinero para alcanzar un fin colectivo; sin embargo, tal fin social queda truncado por los actos de corrupción que se llevan a cabo dentro de la entidad pública al momento de ejecutarse las contrataciones. En tal sentido, a fin de frenar dichos actos ilícitos en las contrataciones públicas, cabe la necesidad de supervisar las actuaciones de los agentes que llevan a cabo la contratación, surge así la figura del compliance penal como una solución para frenar este problema social, configurándose como un programa de cumplimiento normativo que reduce el riesgo de actos de corrupción.

Anette Storgaard

Gideon Amir, Guy Blachar, Maria Gerasimova et al.

We study the probability that certain laws are satisfied on infinite groups, focusing on elements sampled by random walks. For several group laws, including the metabelian one, we construct examples of infinite groups for which the law holds with high probability, but the group does not satisfy the law virtually. On the other hand, we show that if an infinite group satisfies the law $x^2=1$ with positive probability, then it is virtually abelian.

Steven Stalder, Michele Volpi, Nicolas Büttner et al.

Cities around the world face a critical shortage of affordable and decent housing. Despite its critical importance for policy, our ability to effectively monitor and track progress in urban housing is limited. Deep learning-based computer vision methods applied to street-level images have been successful in the measurement of socioeconomic and environmental inequalities but did not fully utilize temporal images to track urban change as time-varying labels are often unavailable. We used self-supervised methods to measure change in London using 15 million street images taken between 2008 and 2021. Our novel adaptation of Barlow Twins, Street2Vec, embeds urban structure while being invariant to seasonal and daily changes without manual annotations. It outperformed generic embeddings, successfully identified point-level change in London's housing supply from street-level images, and distinguished between major and minor change. This capability can provide timely information for urban planning and policy decisions toward more liveable, equitable, and sustainable cities.

Filippo Luigi Giambrone

The age of the internet and digital commerce has brought about complexities in taxation, particularly concerning multinational digital corporations. International discussions have sought ways to ensure fair taxation of these entities, but consensus has been challenging to reach. The paper aims to understand Italy's digital taxation measures, its alignment (or conflict) with EU directives, and the global efforts towards taxing digital multinational enterprises. In its document analysis, the research meticulously scrutinized Italy's taxation laws, giving particular emphasis to Article 17-bis and the Budget Law of 2018. Through comparative analysis, the research delved deep into EU directives, notably the Directive Proposal COM (2018) and the Directive 2006/112/EC, with the intent of discerning the harmony or disparities with the prevailing Italian statutes. Using historical analysis, the research charted the trajectory of international dialogues on digital taxation, commencing with the G7 in Bari in 2017, progressing to the G20 in Buenos Aires in 2018, and encapsulating subsequent summits. Turning to policy analysis, the research methodically probed into the nuances of the "Next Generation EU" recovery plan alongside the OECD's avant-garde two-pillar model. Finally, within its quantitative analysis, the research embarked on an exploration of the conceivable repercussions of the proposed thresholds for both revenue and profit rates. In its appraisal of Italy's Web Tax, the research reveals that the nation's digital tax harmonizes with VAT in spirit. However, it predominantly emphasizes B2B digital transactions, thus deviating from the recurrent mechanism that defines conventional VAT. As for the vision of the European Union, the research underscores the EU's ambition, channelled through Directive Proposal COM (2018), to institute a cohesive VAT transaction system for cross-border B2B merchandise. Notably, Italy's digital taxation approach doesn't seamlessly dovetail with this vision. With respect to the global consensus, the research elucidates that subsequent to the ravages of the COVID-19 pandemic, international discourse has exhibited a marked tilt toward the inception of a global minimum tax. Such a tax is envisioned to guarantee the equitable taxation of digital multinationals, uninfluenced by their geographical operational outposts. Delving into challenges, the research posits that the actualization of universal taxation standards is not without its hurdles. Nuanced challenges like revenue thresholds imply that a mere handful of corporations may come under its ambit. The intricate task of adapting to ever-shifting digital landscapes and the formidable challenge of reigning in the dark web further complicate the equation. Gazing into the future trajectory, the research intimates that contemporary accords hint at the prospective dissolution of individualized digital service taxes by the horizon of 2023. This is seen as a stepping stone toward a global minimum tax paradigm. Anticipations include the evolution of domestic directives, the fortification of bilateral agreements, and the emergence of a cohesive multilateral instrument. Yet, the stance of certain EU member nations remains enshrouded in uncertainty. In conclusion, while the digital age has brought about unmatched growth and opportunities, it has also surfaced complexities in its taxation. Italy's efforts, in sync with global moves, underscore the growing need for a comprehensive and fair digital taxation framework. However, the path to uniformity and consensus remains intricate and will require coordinated international collaboration.

Christina D. Tvarnø

In June 2020, the Danish Parliament adopted a new Climate Act that included legally binding measures. Two months earlier, in March 2020, the European Commission presented a proposal for a European Climate Law Regulation based upon the content of the Paris Agreement. Subsequently, the EU adopted the EU Climate Law Regulation in April 2021. This article presents a comparative legal analysis of the Danish 2020 Climate Act and the 2021 European Climate Law Regulation and investigates these new types of climate acts that have risen as results of the Paris Agreement and international climate law in general. Moreover, the article presents and discusses some examples of the implementation results in Denmark and the latest EU climate strategies. It is concluded that both the Danish and the EU Climate Acts can be considered umbrella legislation presenting the binding climate objectives and legal bases for future climate law however without presenting substantive legal provisions that implement the climate objectives. climate law, public law, Danish law, EU law, comparative law, international climate law