Adoption Of Legislation Research Articles

Modern Pirates: How Arbitration Lawyers Help Corporations Seize National Assets and Limit State Autonomy

AbstractLarge‐scale companies have worked for centuries with the governments of powerful nations to extract wealth from the rest of the world. Since the 1990s, one important method of continuing that legacy has been the use of secretive legal proceedings known as investor‐state dispute settlements (ISDS). Through this innocuous‐sounding practice, transnational corporations (TNCs) are able to blame foreign governments for their failure to extract as large a profit as they anticipated from their operations abroad. Asserting that changes in fiscal, environmental, or social policies have harmed them, TNCs have claimed that foreign governments should compensate them for the loss of potential revenues. ISDS tribunals have awarded billions of dollars as a result of such claims, mostly made under the auspices of bilateral investment treaties. Not only must governments spend millions of dollars defending themselves against assaults and tens or hundreds of millions if they lose their cases, but the ISDS system also has a chilling effect on the adoption of legislation designed to protect the health and safety of citizens.As a result of all the lawsuits in which corporations collect damages from governments under investment treaties, an array of groups in the legal industry have profited substantially: law firms representing corporate interests, arbitrators and other specialists in corporate arbitration, and litigation funders. The arbitration industry is, as a practical matter, the glue that holds the system together. The law firms involved in this industry do not wait passively for cases to arise. Instead, they actively pursue corporations to seek arbitration with governments, proselytize for the legitimacy of the current international investment regime, and block reforms that would limit arbitration opportunities. By creating methods of insulating TNCs from normal business risks and forcing host governments to bear the burden of liabilities, the arbitration system has effectively reinstituted a neo‐colonial regime through the judicial system.

Законодательство стран в области усыновления: опыт сравнительно-правового анализа

Законодательство стран в области усыновления: опыт сравнительно-правового анализа

ПРОБЛЕМИ АДАПТАЦІЇ ЗАКОНОДАВСТВА УКРАЇНИ ДО ЗАКОНОДАВСТВА ЄВРОПЕЙСЬКОГО СОЮЗУ

This scientific article is devoted to the existing problems of adapting the legislation of Ukraine to the legislation of the European Union, which significantly slow down this process, and, accordingly, become one of the obstacles on the way of Ukraine's inclusion in such an integration interstate association as the European Union. The paper examines the legal grounds that led to the implementation of the provisions of European legislation and the adoption of the Law of Ukraine "On Amendments to the Constitution of Ukraine (on the strategic course of the state towards gaining full membership of Ukraine in the European Union and the North Atlantic Treaty Organization)" dated 07.02.2019. The article also analyzes the key elements of successful adaptation of Ukrainian legislation to EU legislation. The work reveals the essence of the concept of "adaptation of the legislation of Ukraine and the EU", regarding which there is no uniform approach to its definition in the jurisprudence of Ukraine and, as a result, there is a discussion between specialists in this area of jurisprudence at the doctrinal level. The content of the concept "acquis communautaire (acquis)" is analyzed by indicating the features of this legal system of the European Union, which significantly complicate the process of adapting legislation. The article highlights the main problems that require urgent solutions for the successful course of the process of approximation of Ukrainian legislation to the EU legal system. The emphasis is made on the fact that the adoption of Ukrainian legislation in accordance with EU law does not mean the proper functioning of the legal mechanisms of the state, since it is also necessary to adapt existing regulatory legal acts. This article proposes the implementation of specific types of reforms, without the introduction of which the adaptation of Ukrainian legislation to the legislation of the European Union will be impossible. The essence and main directions of reforming, which provide for the elimination of the origins of the problems of harmonization of Ukrainian legislation with the legal system of the European Union, have been determined.

Analiza karakterističnih novela u Zakonu o policiji - kritički osvrt

Although it had not yet reached full-capacity implementation, the Police Law experienced changes as early as March 18. It took full two years to detect certain shortcomings both in terms of the immediate enforcement of the legal provisions and regarding the adoption of secondary legislation. For the purposes of this paper, novelties can be classified in several groups: 1) novelties of a general character, 2) organizational-functional novelties, and 3) labor-law novelties. The greatest number of innovations is in the field of labor-law relations of a specific officer's (career) system in the Ministry of the Interior. The authors analyze some of the characteristic novelties with a critical review of the exercised freedoms and rights of citizens, especially police officers, but also their obligations. At the same time, they point out to some additional novelties de lege ferenda.

Artificial Intelligence from the Point of View of Law

Artificial intelligence technologies are developing intensively today, including due to the development of technologies of stable neural networks and cloud computing infrastructures, fuzzy system technologies, entropy administration, swarm intelligence, evolutionary computations, and many others. etc. At the same time, the problem of almost complete absence of normative legal regulation and normative technical regulation of the foundations, conditions and features of development, functioning and activities, integration into other systems and control over the use of artificial intelligence technologies is global today. The Article is devoted to the study of the specifics of the legal regulation of the use and development of artificial intelligence. Some approaches to the definition of artificial intelligence and the features of legal regulation of this sphere, which take place in the scientific literature, are considered and the author's definition of artificial intelligence is developed and given through the disclosure of its main features. In particular, according to the proposed definition, artificial intelligence is an artificial complex cybernetic computer-software-hardware system possessing the properties of substantivity, autonomy, and also the ability to perceive and analyze data, to self-learn. The question of positioning the artificial intelligence system as a special form of person (for example, the so-called «electronic person»), that is, granting it a certain legal personality depending on various factors and the field of application of such a system, is considered in this article. The article also notes the main possible approaches to legal support for the use and development of artificial intelligence systems, in particular, such approaches include the preemptive universal-total legal regulation and legal regulation aimed at the regulation of specific artificial intelligence systems. The main risks and uncertainties associated with artificial intelligence (and which are of great importance for the adoption of legislation in this field) have been investigated. There are drawn the conclusions about how to develop legislation on the use and development of artificial intelligence: consistently, taking into account the specifics of areas of its application, as well as balancing the interests of individuals, society and the state with regard to proper security and protection of individual rights, and interests related to the development of innovation for the benefit of the whole society.

History of the Principle of Good Faith (Treu und Glauben) before the Adoption of the German Civil Code

Treu und Glauben (good faith) in German law is today a fundamental principle in virtually all legal relations between equal subjects of law in private law, or between persons who are in relations of power and authority in the field of public law among themselves. Today, Treu und Glauben serves as a general legal principle in different fields of law - obligations, property, labour, family etc., procedural and public law. Recently, good faith as a principle of civil law has been introduced into the Russian Civil Code. The principle of good faith in Russian law is yet to be understood, realized and used effectively. For a better understanding of good faith one needs to know and understand how this legal phenomenon developed in the historical context in German law. In Germany, the attitude to good faith has been mixed throughout the existence of §242 of the German Civil Code. However, the fact that Treu und Glauben has an invaluable importance not only for civil law but for the whole legal system of Germany has not been disputed in the German law. This article, based on the study of the German legal literature, considers the history of legal approaches to good faith which resulted in the German Civil Code §242 "Treu und Glauben". The historical periods of Roman law and the legal category of bona fides, the Middle ages and the emergence and meaning of the German term Treu und Glauben are considered. An important milestone was the XIX century, when there appeared the first codifications that contained rules preceding §242. The author describes the process of preparation of the German Civil Code draft and the rules of Treu und Glauben, alongside with the legislative adoption of the Code and the debate concerning §242.

CONFLICT BETWEEN PARTICIPATORY AND REPRESENTATIVE DEMOCRACY: A CALL FOR MODEL LEGISLATION ON PUBLIC PARTICIPATION IN THE LAW-MAKING PROCESS IN SOUTH AFRICA

The Constitution of the Republic of South Africa, 19961 mandates legislatures at various levels of government to ensure public participation in the law-making process. The Constitution, however, does not map out the parameters of public participation as far as the law-making process is concerned. Thus, a number of questions remain largely unanswered. For instance, does public participation merely constitute consulting with the people? Does it, perhaps, go as far as to require the legislature to consider the views of the people? Supposing the views of the people are considered, does public participation suggest that the end results of the consultation process should reflect the views of the people? As the answers to the foregoing questions are far from conclusive, the aim of this paper is to critically examine the nature of the relationship between participatory and representative democracy in the law-making process in order to ascertain how the courts have resolved conflicts that involve the previously mentioned forms of democracy. This will be done through examining various court cases in which their own elected representatives disregarded the views of the electorate. The argument presented in this paper is that participatory and representative democracies are in conflict with each other. The paper further advocates for the adoption of model legislation on public participation in the law-making process.

Risk of tin whiskers in the nuclear industry

This paper identifies tin whisker-related faults and failures that have been reported in the nuclear power industry and discusses the unique reliability and safety challenges faced by nuclear power plants. Specific areas of concern include supply chain and parts selection, fault reporting, regulations and measurement techniques, and the adoption of lead-free legislation. Issues of parts availability and obsolescence are also discussed. The paper concludes with strategies and recommendations that can be used to mitigate and manage risks from tin whiskers in the nuclear industry.

Energy policy reforms in the Serbian oil sector: An update

Since 2012, when Serbia became a candidate for European Union membership, the harmonization of the Serbian energy policy regulatory framework in compliance with EU energy acquis has been accelerating. An umbrella framework adopted recently as a basis for conducting reforms in all Serbian energy sub-sectors involves a new Energy law that transpose the EU Third Energy Package and a new Energy Development Strategy of Serbia by 2025, with projections to 2030. The priorities of Serbian energy policy are increasing energy security supply, the further development of the energy market, and provision of sustainable energy development. The adopted strategic objectives for the oil sector are: providing a secured supply on the domestic market in petroleum products whose quality meets the highest EU standards; reduction of import dependency, and securing new crude oil supply routes. This paper provides an overview of the Serbian oil sector reforming progress concerning adoption of new legislation relating to key issues for adjustment with EU directives. Also, it represents new activities and major development projects in the oil sector, including projects that contribute to the development of the Serbian oil sector on the principles of sustainability.

Identifying the Macro-Level Drivers of Adolescent Fertility Rate in Latin America: The Role of School-Based Sexuality Education

ABSTRACTThis study seeks to explain macrolevel drivers of adolescent fertility rate using a panel data set derived from 17 Latin American countries over a period of 16 years (1997–2012). While many studies of adolescent fertility have focused on individual-level explanations, this study explores whether adolescent fertility rate is correlated to country-level determinants, specifically legislation adoption that guarantees access to school-based sexuality education, emergency contraception, and abortion. After controlling for other country-level factors, we find that countries that have adopted legislation on school-based sexuality education and those with legal access to abortion (under one or more restrictions) have lower adolescent fertility rates.

Politics in African Wildlife Conservation: Wildlife Management Areas in Tanzania

Starting in the 1980’s, an increasing number of international actors have advocated for a change in wildlife and resource conservation strategies, arguing for practices allowing for greater local management in a model known as “community-based conservation.” Focusing on Tanzania, a country known for its expansive wildlife and game reserves, this investigation examines the adoption and implementation of legislation allowing for locally-administered Wildlife Management Areas (WMA’s). This paper first documents the processes motivating the introduction of WMA legislation in Tanzania, then details the legislation’s contents themselves and attempts to evaluate the social and political results as best it can, using a combination of sources including previously conducted research, promotional materials, and NGO publications.Major aspects of legislation include the following: villages themselves choose to enter into WMA agreements with investors; investors collect the revenue and deliver it to the federal government, which in turn distributes it to villages and wildlife conservation programs; and village residents themselves determine how to allocate the revenue they receive. Results have been mixed; while many villages have benefitted from income received from participation in wildlife management, there have also been instances of coercion into participating, disputes between villages regarding WMA practices, and there has been a general lack of transparency in income collection and distribution. Furthermore, it is unclear to what extent recent legislation has actually given a greater degree of control to local government.

Helmet Wear and Craniofacial Trauma Burden: A Plea for Regulations Mandating Protective Helmet Wear.

Helmet wear offers protection in various ways against craniomaxillofacial and brain trauma. The specific pattern and overall burden of craniofacial trauma among helmeted and unhelmeted patients has not been well defined. This is a retrospective review of trauma patients involved in documented helmet-associated injuries that presented to the Mayo Clinic Emergency Department in Rochester, Minnesota, and completed initial trauma evaluation between 1999 and 2015. A total of 417 patients (50% unhelmeted, 82% male) were identified. The median age at injury was 22.9 years (interquartile range [IQR]: 15.2-44.2]) and median follow-up was 26 months ([IQR: 2.2-64.8]). The majority of injuries involved motorcycle accidents (57.6%), bicycles (30.2%), and other modes of injury (12.7%). The mean Glasgow Coma Score (GSC) at the time of presentation was 14.2 (SD ± 2.4) and mean injury severity score (ISS) was 10.2 (SD ± 7.5). Motorcycle accidents had a higher mean ISS compared with other modes of injury ( p = 0.048). Unhelmeted patients were more likely to sustain scalp lacerations ( p < 0.0001), facial bone fractures ( p = 0.01), scalp hematomas ( p = 0.041), skull fractures ( p = 0.017), and are more likely to require hospital admission ( p = 0.0003). Unhelmeted patients' hospital length of stay was on average 2 days longer than helmeted patients' stay ( p = 0.0721). Unhelmeted patients were more likely to require out-of-home placement than helmeted patients. Among trauma patients, helmet use was associated with less scalp lacerations and hematomas, facial bones fractures, skull fractures, and need for hospital admission. Adoption of legislation and regulations mandating protective helmet use in all states are strongly encouraged to minimize the burden of craniofacial injuries among unhelmeted patients.

The Restrictions for ARTs Applicants in the Light of Human Rights Principle

Background and Aim : Having one's own child is one of the strong desires in human being especially in the married persons whom some times and by some reasons are not capable to achieve. Using ARTs is the one of their choices to have a baby while there are some barriers and restrictions for the ARTs applicants, both married and singles, to access which may evaluate in different ways, especially in the light of some basic principles of human rights, including the principles of freedom and non-discrimination and along with, because of the vital importance of respect to child’s rights, the principle of the best interest of a child also is a good criteria for this evaluation. Materials and Methods : In the present study, keywords of persons with disabilities, the best interest of the child, principle of freedom and non-discrimination in databases PubMed, Magiran, SID, ISC and Google Scholar were searched and relevant literatures were searched and analyzed. Ethical Considerations : In this study, honesty in the literature and citation analysis and reporting were considered. Findings : This paper examines the limitations and prohibitions imposed for access to these technologies based on human rights principles. While the respect to freedom and equality of people demand to minimize this restrictions, the best interest of a child principle should be the paramount consideration. In the other words, it is necessary to create balance between the rights of applicants and the rights of future child with a focus on the best interests of the child and to the main purpose of the application of these techniques for humans, with an approach, preventing dehumanization of the technologies. Accordingly, they recommend adoption of legislation and regulations, as well as providing specialized counseling services to the applicants and help them during the decision-making by explaining all existing concerns regarding their child's rights in the future and create a balance between their rights and the future child's. Conclusion : Access to infertility treatment technologies for infertile couples has always creates concerns for service providers about the balance between the rights of parents and future child and policy makers at the macro level. Adoption of laws and regulations, as well as providing specialized counseling services to the applicants and help them during the decision-making by explaining at all existing concerns regarding their children's rights in the future could play an important role in creating a balance between their rights and future child's. Citation: Ghadiri M. The Restrictions for ARTs Applicants in the Light of Human Rights Principle. Bioeth Health Law J. 2017; 1(2):33-42.

TRANSFRONTALITY FILIATION ASPECTS

Parentage with extraneity is regulated in national legal systems, in various forms and (especially as regards the modalities of the creation of the kinship), sometimes fragmentary. The natural family ties and civil filiation have, as sources, the Civil Code and special legislation for adoption, cases where Romanian law is lex fori. The provisions of the Seventh Book of the Civil Code are circumscribed to the rules of identification of the applicable law and the area of it for filiation born of marriage, for filiation outside marriage, for substantive conditions, formalities and the nullity of the adoption. The rules used to determine the law are adapted to the recipients (for example, to the child - in the case of the name or to the mother, for the expenses of the birth). Medically assisted procreation is regulated only in substantive law, but these provisions are applicable to cross-border legal relationships. How to cite : Jugastru, C. (2017). Transfrontality Filiation Aspects. Jurnalul de Studii Juridice, Year X, No. 1-2, June 2017, 19-36. Doi: https://doi.org/10.18662/jls/2

Обезличивание персональных данных и технологии «больших данных» (bigdata)

The question of the citizens' personal data processing is very important, and the solution for this problem should be the adoption of legislation expressly regulating the activities of personal data operators. The authors considered one of the most effective approaches to personal data protection – anonymization, as well as identified two developments to adoption of legislation. Anonymization not only protects the interests of the state and, first and foremost, the citizens, but it is also a mechanism that will allow advertising, insurance and other companies to improve the quality of their products and services.

DOUBLE AND JOINT DEGREE PROGRAMS IN UKRAINE: REALIAS AND PROSPECTS

During the last ten years, with the adoption of legislation to promote academic mobility in Ukraine, the interest towards double/joint degree programs has increased dramatically. However, very little empirical research has been carried out to analyse the spread of the programs across Ukrainian universities and to outline the way such programs are used in particular educational institutions. The aim of this study was, therefore, to investigate the level of development of double/joint degree programs in Ukraine, analyse these programs according to the field of study and academic level. The main issues addressed in this article are special aspects, opportunities and issues connected with double and joint degrees. It is apparent that most double degree programs are offered in the areas of economics and management, while there are much fewer programs in the area of business. Double degree programs in economics, management and business tend to be fewer in number than non-degree mobility programs. The most common partner countries for establishing double degree programs are Poland, France, Italy, Slovakia, Sweden, the Netherlands, Austria, Spain and Lithuania. Sustainability of each program can be reached by permanent work on its improvement which includes making clear requirements, promotion of a program, increasing awareness on the benefits of studying abroad.

Analýza vývoje trhu veřejných zakázek v České republice v letech 20082015

This article analyses the development of the public procurement market in the Czech Republic in the period from 2008 to the present in connection with the adoption of new legislation relating to the Act on Public Procurement no. 137/2006. This text evaluates the objectives of legislative changes (transparency, increase in competition powers and effective price enforcement) exa-mined from the viewpoint of selected parameters of the procurement market. It was found that the transparency in terms of reducing the use of the restricted procedure of public procurement improved and the share of public contracts conducted under the new Act on Public Procurement increased immediately after new legislation. This article positively evaluates a drop in one-offer contracts and continuous tendency towards lower price levels of the public procurement. This analysis includes identification of the impact of an accelerated drawdown of funds from EU programs in connection with the end of the program period in 2015. Based on the analysis's conclusions, there are obvious limits of the positive impact of the new legislation.

Regulating Against Business "Fronting" to Advance Black Economic Empowerment in Zimbabwe: Lessons from South Africa

This article examines Zimbabwe’s indigenisation legislation, points out some of its inadequacies and draws lessons from South Africa’s experiences in implementing its own indigenisation legislation. Both countries have encountered challenges relating to an upsurge in unethical business conduct aimed at defeating the objectives of their black economic empowerment programmes, policies and legislation. This practice is called business fronting. However, while South Africa has succeeded in enacting a credible piece of legislation aimed at addressing this issue, Zimbabwe has yet to do so. The article points out that the failure to regulate against business fronting poses the most significant threat to the attainment of the laudable aims and objectives of the indigenisation programme and related legislation. In order to avoid becoming a regulatory regime that is notorious for not only being functionally ineffective but also for tacitly permitting racketeering in reality, the article argues for the adoption of anti-fronting legislation in Zimbabwe using the South African legislation as a model.&#x0D; &#x0D;

To Negotiate a Carbon Tax: A Rough Map of Policy Interactions, Tradeoffs, and Risks

This Article assumes that the federal government will assign a price to carbon dioxide emissions via legislation by the early 2020s for one or more of myriad reasons. This Article’s purpose, however, is not to substantiate that assumption, but to explore a particular aspect of the adoption of such legislation. The contents of that legislation will reflect negotiated agreements—built on various political tradeoffs—over a host of policy issues, ranging from taxes to energy efficiency standards. These tradeoffs would implicate not only the tax’s scope and rate, but also the policies with which the tax would interact. This Article describes interactions between a carbon tax and various existing and proposed policies relating to climate change, energy, and environmental protection. It proceeds in five parts: Part II highlights three key points of background; Part III summarizes the universe of policies that can be expected to interact with a carbon tax; Part IV provides a rough typology of interactions among a carbon tax and other policies, labeling them Complementary, Concurrent, or Conflicting; Part V identifies several important potential tradeoffs; and Part VI, which is less descriptive and more prescriptive than the other four, highlights the risks of particular tradeoffs to the effectiveness of a climate change mitigation policy suite that includes a carbon tax. One thing this Article does not address is a discussion of the quantities of greenhouse gas (“GHG”) emissions that would likely be reduced by a carbon tax alongside or as a net result of combination with other policies—existing or otherwise. Such a discussion would be a useful line of further research but is beyond the scope of this Article. Why consider all of this now, in a political climate decidedly averse to addressing climate change at all? This Article takes as its basic premise that several circumstances create a real possibility that Congress could adopt a price on carbon, in the form of a tax, sometime around (most likely after) the 2020 presidential election: (i) a substantial number of Republican members of Congress and the Senate privately acknowledge the reality of anthropogenic climate change, and would support effective mitigation policy if doing so became less politically poisonous for them; (ii) Republicans’ control of Congress and the White House makes the present an opportune time to dismantle Obama-era regulatory responses to climate change, namely the Clean Power Plan and other regulations based on an interpretation of the Clean Air Act as requiring the Environmental Protection Agency to regulate GHG emissions; (iii) Democrats would bitterly oppose any Republican effort to undo all means of mitigating climate change by regulating GHG emissions and some Republicans would defect to join them; (iv) the Trump campaign promised a large program of infrastructure spending as well as income tax cuts, leaving open the question of how to secure new revenues to cover at least some of the promised spending; (v) Republicans’ complete control of Congress and the White House will not persist, and most Republican politicians recognize this; and thus, (vi) Republicans currently hold the strongest bargaining position they will have for the foreseeable future on the subject of federal climate change mitigation policy.

Вопросы иммунитета государства в законодательной и судебной практике США

Protection of foreign investment is the basis of modern international investment relations. At the level of state acts such protection primarily means the adoption of investment legislation, which is a manifestation of a state sovereignty and the related with it immunity from actions of other states. In the USA the Foreign Sovereign Immunities Act was adopted in 1976. The law solves main legal problems: gives the definition of the term “foreign country”, establishes cases of the immunity and refusal to grant it, the procedural aspects of the proceedings on granting immunity. The complexity of the application of law leads to attempts to change it and to prohibit similar legal doctrines. Act as an expression of a unilateral will of the State may not always resolve the issues related to international cooperation. For regulation of state immunity was developed and opened for signature the UN Convention, which may become a fundamental international instrument in the field of State immunity.