Bu çalışmada diplomasi, diplomatik temsilci ve diplomatik temsilcilerin sahip oldukları dokunulmazlık ve ayrıcalıkların tanımı yapılmış ve bu kavramların İslam-Osmanlı hukuku açısından nasıl değerlendirildiğine yer verilmiştir. İslam hukukunda diplomatik dokunulmazlık kavramı bulunmadığı için, şer’i ve örfi olmak üzere ikili bir yapıdan oluşan Osmanlı hukukunda bu kavramın nasıl uygulandığı incelenmiştir. Yabancı diplomatik temsilcilerin Osmanlı Devleti’ndeki ayrıcalıkları ve dokunulmazlıkları özellikle yargı bağışıklığı yönünden incelenmiştir. Çalışmada diplomatik temsilci olarak elçilerin yanı sıra konsolos ve konsolosluk çalışanları da (tercüman ve kavas) ele alınmıştır. Nitekim daimî diplomatik temsilin ilk dönemlerinde elçi ve konsolos birbiriyle iç içe geçmiş kavramlardır. Konsoloslara tanınan hak ve ayrıcalıklar yabancı devletlerle yapılan ikili anlaşmalarda açıkça belirtilmiştir. Bu bağlamda kapitülasyonlar Osmanlı diplomasi ilişkilerini şekillendirmiştir. Ancak zamanla yabancı devletlere tanınan imtiyazlar kötüye kullanılmıştır. 9 Ağustos 1863 tarihli Memalik-i Mahruse-i Şahanede Bulunan Düvel-i Ecnebiyye Konsoloslukları Hakkında Tanzim Kılınan Nizamname ile Osmanlı Devleti konsolosluklarla ilgili sorunlara dair kapsamlı bir düzenleme yapmıştır. Çalışmada, bu nizamname de diplomatik yargı dokunulmazlığı çerçevesinde değerlendirilmiştir.
Since the withdrawal of the US / North Atlantic Treaty Organization (NATO) forces from Afghanistan in August 2021, Balochistan has experienced a renewed wave of terrorism with improved organisational/operational capabilities and better-equipped Balochistan Liberation Army (BLA) and Balochistan Liberation Front (BLF). The information environment of Balochistan has also undergone a rapid change in the last three years, with the Baloch population, especially the Baloch youth, becoming more accessible to the Baloch Nationalist Militant Organizations through a very efficient militant narrative creation dissemination system. This system of narrative creation based on the manipulation of facts and fabricated stories matched by a dynamic propaganda dissemination system is quickly replacing the facts with an alternative reality. It has also successfully replaced the national mainstream media and is becoming an alternative media choice for the Baloch population. The Baloch Nationalist Militant Organisations’ narrative has quickly gained popularity among domestic audiences and accrues credence from international media. An effective response mechanism is crucial to counter the far-reaching implications through a comprehensive and all-encompassing national effort.
Bibliography Entry
Iqbal, Jehanzeb. 2024. "Decoding Bots of Terrorism in Balochistan." Margalla Papers 28 (2): 63-77.
International relations, Private international law. Conflict of laws
"This study examines the complex problems of determining the place of discovery of inheritance in the form of digital objects in the context of international law and national legislation. The research methodology is based on the application of systemic, comparative-legal, and formal-legal methods of analysis, as well as the study of international practice in regulating digital inheritance. The author analyzes the fundamental problems arising from the integration of digital legal relations into existing legal systems, especially in the field of inheritance law. The study identifies key issues: the immateriality of digital assets, their transboundary nature, the lack of uniform legal regulation, inheritors’ difficulties in accessing digital assets, and the conflict between inheritance and privacy rights. As a result of the research, innovative solutions have been proposed, including the introduction of an exclusive blockchain system into notarial practice and the development of specialized legislation. The scientific novelty lies in the comprehensive analysis of the issue of digital inheritance, taking into account the specifics of the legal system of the Republic of Uzbekistan and the development of specific legal regulation mechanisms for the inheritance of digital assets. The practical significance of the research lies in the development of recommendations for improving the legislation in the field of digital inheritance using blockchain technology, including proposals for amendments to the current legislation and the creation of specialized legal acts. The obtained results can be used in the modernization of national legislation and the development of international legal mechanisms in the field of digital assets inheritance. "
SUMARIO: 1. LA VINCULACIÓN CONSTITUCIONAL DE LA ADMINISTRACIÓN PÚBLICA Y DEL DERECHO ADMINISTRATIVO.—2. DERECHO ADMINISTRATIVO Y ESTADO DE DERECHO: 2.1. La cláusula del Estado de Derecho.; 2.2. Elementos estructurales; 2.3. Elementos sustantivos; 2.4. Elementos formales.—3. DERECHO ADMINISTRATIVO Y ESTADO SOCIAL: 3.1.- La cláusula del Estado social; 3.2. Dimensión material; 3.3. Dimensión instrumental.—4. DERECHO ADMINISTRATIVO Y ESTADO DEMOCRÁTICO: 4.1. Democracia representativa; 4.2. Democracia participativa; 4.3. Principios instrumentales.—5. DERECHO ADMINISTRATIVO Y ESTADO AUTONÓMICO: 5.1. La cláusula del Estado autonómico; 5.2. Autonomía; 5.3. Unidad; 5.4. Solidaridad.—6. DERECHO ADMINISTRATIVO Y APERTURA INTERNACIONAL.—7. BIBLIOGRAFÍA: 7.1. Bibliografía citada;
7.2. Bibliografía complementaria recomendada.
Law in general. Comparative and uniform law. Jurisprudence, Public law
As a manifestation of the ne bis in idem principle at the interstate level, the transfer of criminal proceedings is one of the forms of international judicial cooperation in criminal matters that avoids the conduct of parallel proceedings that could lead to prosecution, trial and even conviction a person in different states for committing the same act. Starting from a non-unitary practice aspect regarding the qualification of requests to take proceedings (in the sense of requests to take criminal proceedings or requests to take trial), this study addresses the issue of transfer of proceedings in criminal matters, as regulated in international legal instruments and in the Romanian special law on international judicial cooperation in criminal matters (Law no. 302/2004, republished in 2019). The research methods used in the study are: documentation, observation and scientific analysis (comparative analysis of both legal regulations and solutions of judicial practice). The paper aims to contribute to the uniform interpretation and application of the provisions on the transfer of proceedings in criminal matters, in particular in the relationship between the Member States of the European Union, given that the regulation of those procedures in national legislations is not always similar. The conclusion is that the relations of judicial cooperation in criminal matters between the Member States of the European Union, including through the transfer of criminal proceedings, must be based on mutual trust in internal judicial systems, as a corollary of the principle of mutual recognition.
Binoy Debnath, Md Shihab Shakur, Fahmida Tanjum
et al.
<i>Background:</i> Additive manufacturing (AM) applications in producing spare parts are increasing day by day. AM is bridging the digital and physical world as a 3D computer-aided manufacturing (CAM) method. The usage of AM has made the supply chain of the aviation spare parts industry simpler, more effective, and efficient. <i>Methods:</i> This paper demonstrates the impacts of AM on the supply chain of the aircraft spare parts industry following a systematic literature review. Hence, centralized and decentralized structures of AM supply chains have been evaluated. Additionally, the attention has been oriented towards the supply chain with AM technologies and industry 4.0, which can support maintenance tasks and the production of spare parts in the aerospace industry. <i>Results:</i> This review article summarizes the interconnection of the industry findings on spare parts. It evaluates the potentiality and capability of AM in conceptualizing the overall supply chain. Moreover, MROs can adopt the proposed framework technologies to assist decision-makers in deciding whether the logistics hub with AM facilities is centralized or decentralized. <i>Conclusions:</i> Finally, this review provides an overall view to make critical decisions on the supply chain design of spare parts driven by new and disruptive technologies of industry 4.0. The next-generation supply chain may replace the logistics barriers by reducing waste and improving capability and sustainability by implementing AM technologies.
Transportation and communication, Management. Industrial management
This paper summarizes the arguments and counterarguments within the scientific discussion on the generalization of the main vectors of the tax competitiveness theory’s development. The main purpose of the article is to analyze and systematize the research of scientists on the formation of tax competitiveness of the country, to identify the relationship of tax competitiveness with other economic categories, to determine the most promising areas of research on this issue. The results of trend analysis of scientific publications on tax competitiveness, indexed by Scopus and Web of Science scientometric databases, show a gradual increase in the relevance of these issues. The average growth rate of the number of publications on tax competitiveness in the Scopus database exceeds 12%, and in the Web of Science database – 45%. The methodological tools of the bibliometric analysis are VOSViewer v.1.6.10 and Scopus and Web of Science database analysis tools. The object of analysis is 4,598 publications indexed in the Web of Science database and 4,898 publications indexed in the Scopus database. The issues of international tax competitiveness became most relevant in 2003-2005, which coincided with the period of aggravation of the global economic crisis, which was accompanied by a significant reduction in tax revenues to budgets. The article identifies the top 10 Journals, most of which are indexed simultaneously by two databases and are part of the first quarter, in which the issue of tax competitiveness was considered most often. The study empirically confirms and theoretically proves the intersectoral nature of the study of the problem of the country’s tax competitiveness. According to the Web of Science database, issues of tax competitiveness were most often considered within the subject areas of Economics (39% of publications); Business Finance (6%); Environmental Studies (6%); Political Science (5%); Law (4%); Urban Studies (3%); Business (3%); Management (3%); Environmental Sciences (2%); Public Administration (2%); Regional Urban Planning (2%); International Relations (2%); Operations Research Management Science 2%) and others (21%), while according to the Scopus database – Economics, Econometrics and Finance (published 28% of all papers); Social Sciences (21%); Business, Management and Accounting (13%); Engineering (7%); Environmental Science (7%); Medicine (5%); Energy (4%); Computer Science (2%); Arts and Humanities (2%); Decision Sciences (2%); Earth and Planetary Sciences (1%); Materials Science (1%); Agricultural and Biological Sciences (1%); Others (6%). The paper clusters international research networks on tax competitiveness by geographical area and identifies 5 clusters of cooperation of scientists in the preparation of publications indexed in the Web of Science database and 4 clusters – in the preparation of publications indexed in the Scopus database. According to the results of the analysis of metadata of publications devoted to the tax competitiveness, 14672 keywords, the frequency of use of which exceeds 5, were identified and grouped into 5 patterns. Most often, the concept of tax competitiveness is associated with the concepts of tax, economics, competition, costs, taxation.
S OF PAPERS (in order of presentation) How exportable (importable) is the Article 9 system? Charles Mooney The paper will evaluate the exportability (and importability) of Uniform Commercial Code Article 9. By any measure Article 9 has been an enormously successful legislative achievement. From its original promulgation in 1954 through several major revisions it has been adopted in all U.S. jurisdictions in substantially uniform fashion. Outside of the U.S., Article 9’s principles have been successfully exported. This is evidenced by the influence of these principles on the laws actually adopted in other jurisdictions and on international harmonization efforts, including model laws promulgated by organizations such as the European Bank for Reconstruction and Development and by UNCITRAL in its Model Law on Secured Transactions. The paper will consider the acceptance of Article 9’s principles through the lens of Alan Watson’s pathbreaking book, Legal Transplants: An Approach to Comparative Law (1974, 1993). It particular, it will identify the most significant challenges for the exportation (and importation) of Article 9. Secured transactions law reform in civil jurisdictions Teresa Rodríguez de las Heras Ballell Credit availability and access to credit in reasonable conditions heavily depend upon a sound, reliable and efficient secured transactions system. Supranational organizations have striven to devise a harmonized legal framework to facilitate cross-border secured transactions and formulate modern rules and solutions best suited to contemporary market needs. Concurrently, law reforms are undertaken in domestic jurisdictions. Within the frame of these instruments, civil law jurisdictions have to face challenges and intricacies of reconciling tradition with reality and aligning existing rules with harmonized modern principles and standards. In this process, law reform pace, scope, and outcomes have amply differed in civil jurisdictions. The Paper aims to examine how civil jurisdictions embrace the modernisation of secured transactions law to adapt to the reality of global markets, complex transactions, and changing environment, and to what extent international standards for a modern secured transaction system challenge tradition or give the opportunity to enhance existing models. Adherence to the form of transactions and compliance with international standards of Thailand’s secured credit law reform Parawee Kasitinon The Civil and Commercial Code has long played the key role in assets-based lending in Thailand. But, those earlier legal devices no longer serve today’s needs of businesses and financing practice. Therefore, several supplementary acts and, in 2015, the Business Security Act were enacted. Nevertheless, an internationally recognized functional approach has not been adopted. Title devices and transfer of receivables are not integrated into a unified law on security interests, thus possibly hindering access to credit. The Article will discuss the possibility of adopting the functional approach by analyzing theories regarding legal transplantation, civil law conception of security, and financing practice. Development of Thai laws on secured credit will be traced. Moreover, approaches to secured transactions accepted by international
In the era of globalization, international trade relations are an integral part of the economy of majority of the countries, including the Russian Federation. Increase of the role of entrepreneurship in the sphere of foreign trade entails escalated disputes. This article reviews the theoretical aspects of law enforcement practice on the disputes associated with foreign trade entrepreneurial activity. Analysis is conducted on legal regulation of foreign trade entrepreneurial activity, as well as Russian case law in the corresponding sphere, namely disputes considered in arbitration court, and theoretical research on the matter. Methodological framework is comprised of the general scientific and private scientific methods of cognition (dialectical, analysis and synthesis, induction and deduction, comparative-legal, and historical-legal). The author concludes on the lack of uniformity in the approaches used by arbitration courts towards determining the law applicable to transboundary agreements. The creation of uniform case law on the controversial issues requires taking into account the existing law enforcement practice, as well as unifying them based on accumulated experience. For example, in the Russian Federation this process could be facilitated through corresponding clarifications on the level of resolution of the Plenum of the Supreme Court of the Russian Federation with explanations on the key contentious issues pertaining to the disputes in foreign trade entrepreneurial activity. The presented materials can be used in further consideration of disputes in the sphere of foreign trade entrepreneurship, as well as in providing explanations of law enforcement practice.
This article analyses the different approaches in comparative law, arbitral practice and in doctrine regarding the institution of interest on late performance (default interest) allocated to compensate for the damage arising from the late performance of contractual obligations, known by most legal systems and instruments of uniform law. Despite the trend of harmonization of regulations in this area, national legislations enshrine different solutions regarding some aspects of this institution. Consequently, the national and international tribunals give various decisions, depending on the legal regulations and the international commercial customs that they consider applicable in the case, the jurisprudence in this field being different.
Archival laws exist in most countries, with some similarities due to a common professional basis. Over several decades, regional and global laws have evolved in different fields imposing requirements, or expectations, for reliable and accessible archives. Merely a few attempts have been made to harmonise archival law in the sense of pursuing a goal of rule similarity. Still, there seems to be an increase of areas where international law or regional harmonisation of laws presupposes archival law with a capacity to safeguard creation and preservation of reliable archives, documenting government activities. Even without manifest goals of harmonising archival law into uniform rules, the broad range of emerging requirements on reliable archives may lead to some form of approximation of archival law. Following a broad account of developments in this field, Sections 2 through 4, there is a discussion of advantages and disadvantages of stronger or weaker modes of harmonisation. Strong harmonisation could perhaps more convincingly safeguard the reliability of archives, at the cost of a possible lock-in of the scope of archival law. Weaker forms of harmonisation yield more differentiated archival laws. On the other hand, weak harmonisation may be more adaptive to developments in adjacent fields.
This article deals with the issue of impact assessment for the protection of personal data. This is a new obligation for the controller. The article presents the essence of impact assessment (DPIA), exclusion from the obligation to carry it out, the prerequisite for mandatory DPIA, the role of the data protection officer and the powers of the supervisory authority. The analysis of legal provisions related to the impact assessment presented here does not refer to specific situations, due to the wide scope for interpreting specific phrases contained in the General Regulation. Nevertheless, the article discusses the issue of conducting data protection impact assessments as one of the most problematic obligations incumbent on the controller, who in practice raises many doubts. The DPIA has been imprecisely regulated by the EU legislator, thus leaving controllers plenty of leeway to interpret the terms used in the General Regulation. In addition, carrying out a DPIA in practice (as a new obligation on entities setting the purposes and means of data processing) can be problematic due to the lack of harmonized methods for conducting a data protection impact assessment. However, controllers cannot assign DPIA implementation to other entities involved in data processing, such as an entity processing personal data on behalf of another. Entities setting the purposes and methods of data processing should not only take into account the provisions of the General Regulation but also a list of data processing operations that are obligatorily subject to DPIA. Controllers fulfilling the obligation to carry out a data protection impact assessment will be obliged by the supervisory authority to demonstrate how to carry out a data protection impact assessment.
The Court of Justice of the European Union (CJEU) has recently assessed the compatibility of the reformatory Investment Court System (ICS) of the EU’s trade agreement with Canada (CETA). In the Opinion 1/17, the CJEU ruled the ICS mechanism to be compatible with EU law. This article provides a comprehensive critical assessment of the ICS mechanism and its potential adverse effects on uniform interpretation of EU law. It is proposed that, despite the favourable assessment of the CJEU, the ICS mechanism could result in indirect negative effects on the uniform interpretation of EU law and the autonomy of EU legal order. Involvement of the CJEU in the proceedings of the ICS mechanism is suggested as a possible option to resolve all the incompatibilities of the ICS with the autonomy of the EU legal order, and to ensure the CJEU’s exclusive right to interpret EU law.
Abstract 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.
Alexandre Antônio Bruno da Silva, Whenry Hawlysson Araújo Silveira
Globalization is a process that has promoted significant changes in the inner workings of global production chains. Moreover, capital, which is embodied in various forms of labor relations, can and in some current cases exploits, even now, its labor force. Furthermore, this research is structured in two segments. The first analyzes how large companies use labor exploitation in order to reduce production costs and maximize profits, dissociating themselves from the responsibilities that they have in relation to their laborers that are an important part of their internal structure. The second investigates whether these companies can be held responsible for the exploitation of their employees – whom are part of their production network. In conclusion, this study demonstrates the context in which public policies fight contemporary slave labor in Brazil, highlighting the complexities of implementing these policies.