Comparative Research Methodology Research Articles

Decriminalization Path of Net Neutrality Assisting Actions: A Perspective from Aiding and Abetting Cybercrimes

Network neutrality assistance actions pertain to the provision of technical or service aid in an online environment to third parties, which may result in harm to others or facilitate unlawful conduct. However, when attempting to regulate such online assistance activities, traditional complicity theories encounter numerous challenges. This is primarily due to the inherent differences between online actions and conventional criminal behaviors, rendering the traditional notions of complicity difficult to apply directly. Analyzing from the perspective of aiding and abetting crimes, the decriminalization path determination of network neutrality assistance actions also confronts issues, such as defining responsibility boundaries and discerning behavioral intent. To address this, this paper adopts the "Restricted Punishment Theory" for the decriminalization path, rationally weighing the benefits and risks of network neutrality assistance actions. Utilizing empirical research, case study analysis, and comparative research methodologies, and based on the overlap analysis of the constitutive elements of aiding and abetting crimes and the refusal to fulfill cyber security management obligations, it's suggested to categorize network service providers. This provides a clearer and more rational basis for their decriminalization.

The Context Of Text: Harmonizing Multilingual Texts Of The WTO

Legal traditions of international institutions reflect how language shapes the interaction of individuals from various legal disciplines. Institutions like the European Union (EU), United Nations (UN) and World Trade Organization (WTO) cater to multilingualism by publishing different linguistic versions of their texts. These organizations have their own divisions to promote multilingualism – it is the General Assembly and Conference Management for the UN; the Directorate-General for Translation (DGT) in the EU; and the Language and Documentation Services Division (LDSD) for the WTO. In the context of the WTO, coordination among different language groups in drafting WTO documents appears to be lacking. In addition to creating hurdles in substantive law, issues of multilingualism at the WTO also affect the procedural aspects of the dispute. This may have implications on third-party rights, selection of panellists, and timely resolution of disputes, thereby influencing a party’s strategy in a dispute. Against this background, the authors explore the issue of multilingualism at the WTO vis-à-vis the UN and EU by adopting a comparative research methodology. The Article provides recommendations in the form of best practices for improvements at the WTO in the context of multilingualism. WTO, multilingualism, VCLT, translation, DSU, European Union, United Nations, Spanish, French, language

The Effectiveness of Digital Marketing Before and After the Covid-19 Pandemic in MSMEs in the Convection Sector

This study examines the level of effectiveness of digital marketing before and after the Covid-19 pandemic, and to see whether there are changes or not. Using a comparative research methodology, where one variable but uses a large sample or measured at several different times, and the variables analyzed are independent variables. Using snowball sampling and purposive sampling, 100 respondents were selected from among those who received the survey via Google Form. The average pre-pandemic result of 29.65 < 33.34 after the pandemic indicates that there is a difference in the average digital marketing efficacy before and after COVID-19, according to the findings of the study. The results of Sig 0.000 < 0.05 also show a relationship between the level of effectiveness of digital marketing before and after covid-19. In addition, the result of Sig (2-tailed) 0.000 < 0.05 indicates that digital marketing has become more effective after the covid-19 pandemic compared to before the covid-19 pandemic. During the covid-19 pandemic, the level of effectiveness of using digital marketing increased compared to before the pandemic, in line with the results of interviews with business owners engaged in the convection sector, where during the pandemic the level of visits to the content served increased, in addition the level of interaction between potential consumers also increased. during the pandemic.

LEGAL SuPPORT FOR THE uNITy OF LOCAL SELF-GOVERNMENT AND SCIENCE CITy: FROM TERRITORIALITy TO INTEGRITy

In retrospect, and currently, scientific forecasts of the development of rus-sian municipal, constitutional, legislation, and legislation on science are developing uni-directionally and do not consider related problems and prospects of legal regulation. As a result, the most important institutions in technological development acquire fragmented legal regulation. An analysis of legislative initiatives and trends in the development of Russian legislation on local government and science cities shows the parallel and un-coordinated development of these important areas of legal regulation. As a result, inter-related problems and unresolved tasks in the development of territories, the disclosure of the potential of local self-government in the scientific and technological growth of the state are actually multiplying. Scientists do not pay due attention to this issue. The article offers the author’s solutions to the identified problem and provides a predictive assess-ment of possible scenarios for the development of Russian legislation in an intersectoral aspect. The author’s conclusions are based not only on Russian but also foreign sources, using a comparative legal method and research methodology. The authors substantiate the importance of balanced development of legislation on science cities and local self-government as an indicator of the involvement of scientific and technical development of Russia and at the same time as an incentive for scientific activity and production of territories, taking into account their individual characteristics and potential. The inclu-sion of these indicators in the measurement of technological development and sustainable economic growth of the country creates new challenges for improving Russian legislation.

LEGAL SuPPORT FOR THE uNITy OF LOCAL SELF-GOVERNMENT AND SCIENCE CITy: FROM TERRITORIALITy TO INTEGRITy

In retrospect, and currently, scientific forecasts of the development of rus-sian municipal, constitutional, legislation, and legislation on science are developing uni-directionally and do not consider related problems and prospects of legal regulation. As a result, the most important institutions in technological development acquire fragmented legal regulation. An analysis of legislative initiatives and trends in the development of Russian legislation on local government and science cities shows the parallel and un-coordinated development of these important areas of legal regulation. As a result, inter-related problems and unresolved tasks in the development of territories, the disclosure of the potential of local self-government in the scientific and technological growth of the state are actually multiplying. Scientists do not pay due attention to this issue. The article offers the author’s solutions to the identified problem and provides a predictive assess-ment of possible scenarios for the development of Russian legislation in an intersectoral aspect. The author’s conclusions are based not only on Russian but also foreign sources, using a comparative legal method and research methodology. The authors substantiate the importance of balanced development of legislation on science cities and local self-government as an indicator of the involvement of scientific and technical development of Russia and at the same time as an incentive for scientific activity and production of territories, taking into account their individual characteristics and potential. The inclu-sion of these indicators in the measurement of technological development and sustainable economic growth of the country creates new challenges for improving Russian legislation.

Endowment Sukuk (Shares) to Finance Scientific Services in Universities (A Comparative law Study)

The endowment was one of the most important means of scientific, intellectual and cultural progress for the Islamic countries throughout the years of our civilization; as it contributed to building the edifices of science and culture, and publishing them through mosques, schools, institutes and libraries. A large group of scholars, innovators, and researchers graduated from these endowment scientific institutions in various branches of human and cultural knowledge. Today, the endowment plays a prominent leading role in the scientific renaissance and knowledge advancement in the Islamic society. Also, many universities in Islamic and non-Islamic countries rely on the endowment to finance their scientific and research activities, and to raise the level of their research, researchers, and graduates. This study aims to clarify the importance of endowment Sukuk to provide cash liquidity for educational services, and to provide the necessary tools for these services, and the possibility of providing scientific competencies specialized in the various fields of teaching and scientific research, to contribute to scientific and social progress. This research study also combines the deductive and inductive approaches, in addition to following the comparative jurisprudential research methodology, by studying, analyzing and deducing in the light of the writings of scholars and researchers.

SUSTAINABILITY OF BUSINESSES VIA SHARIAH-COMPLIANT FRAMEWORK: ANALYSIS OF SHARIAH PRINCIPLES ON CORPORATION

Corporation under common law lies within the doctrine of corporate personality which entails that corporation is recognised as a separate legal person distinct from its constituents. As a new form of business vehicle that supports sustainability agenda and with the recent enormous and instant developments in the Shariah compliance businesses sector, the majority of contemporary Muslim scholars have discussed and recognised it through the concept of sharikah. Nonetheless, such recognition is contentious as sharikah is a contractual business entity inseparable from its partners. Furthermore, accepting this corporation under the sharikah without fully dissecting its legal attributes and the implications of running such a business entity not only contravenes both the legal principles of corporation and Islamic principles of sharikah, but also creates doubt as to the legitimacy of a Shariah-compliant business registered under this legal concept. This article analyses the legal concept of corporation under the common law and compares it with the concept of sharikah under Shariah. The discussion reveals that the recognition of corporation by the contemporary Muslim scholars under the sharikah concept is misleading and raised legal complications under the company law due to great differences in terms of nature, concept, and structures. This article adopts doctrinal and comparative analysis research methodology. The article concludes that corporation may be recognised under the Shariah subject with certain modifications to the former’s legal structures to be compatible with the Islamic principles of sharikah.

The Interpretation Matter in Smart (Legal) Contracts: Possible Answers from a Comparative Perspective

Abstract The present article is grounded in the following inquiry: are the rules concerning contractual interpretation provided by codified regulations or developed by jurisprudence for private law contracts also applicable to smart legal contracts? This question will be addressed through the utilization of a comparative research methodology, taking into account the trends embraced by scholars as well as by courts in both common law and civil law systems. In conclusion, and based on these methodological premises, various solutions present themselves to the interpreter, including the non-complete exclusion of the non-complete exclusion of the interpretative model based on the so-called contextualist theory. A similar theoretical approach would allow for an efficient synthesis between the more ambiguous legal expressions and the use of technological language.

Assessment of Independence of Regulatory Structures Governing Data Protection and Privacy in East Africa: A Case Study of Kenya and Tanzania

In an era of widespread digital information exchange, protecting personal data and privacy has become crucial. East African countries such as Kenya and Tanzania have implemented regulatory structures to address these concerns. However, the effectiveness and independence of these structures raise questions, necessitating a comprehensive assessment. Therefore, this study investigates the question of the independence of data protection authorities in East Africa with a particular focus on Kenya and Tanzania. This study was guided by three questions, namely, do the structures of data protection authorities in Kenya and Tanzania affect their independence? Are the data protection authorities in Kenya and Tanzania sufficiently funded to run their duties? And are the tenures of Commissioners of data protection authorities in Kenya and Tanzania secured? The study engaged two approaches: doctrinal legal research methodology, which analyses law in the form of legislation, case law, and international instruments, as well as comparative legal research methodology, which involves comparative analysis of identified criteria from Kenya and Tanzania. It was observed that the Kenyan data protection authority is more independent than the Tanzanian data protection authority.

Comparative Analysis on the Improvement of Aggravate Punishment for Recidivism in Malaysia

Recidivism, the fact that individuals re-offend after being convicted of a crime, is a significant challenge faced by criminal justice systems worldwide. The study will begin by reviewing relevant literature and legal frameworks pertaining to recidivism and aggravated punishment in Malaysia. The analysis will delve into the objectives, principles, and legal provisions that guide the application of aggravated punishment for repeat offenders in the Malaysian criminal justice system. Additionally, a comparative perspective will be adopted to examine the experiences and practices of other jurisdictions that have implemented similar punitive measures for recidivism. This comparative analysis delves into the strategies employed by Malaysia for the improvement of aggravated punishment concerning recidivism within its criminal justice system. Malaysia, like many countries, has adopted measures to address but leaves several concerns on this issue. Those concerns include the range of defining recidivism unreasonably and focusing too much on crimes that violate property and the discretion of judges for sentencing them are so huge. The study evaluates Malaysia's approach to aggravated punishment for recidivism by examining the legal framework, and sentencing guidelines, and also focuses on the rights of offenders. Furthermore, it compares Malaysia's practices with those of other nations including both civil law and common law countries to identify best practices and potential areas for enhancement. By employing a comparative research methodology, the study will explore the strengths and weaknesses of the aggravated punishment approach in deterring recidivism, ensuring public safety, and promoting rehabilitation. It will critically evaluate the legal and ethical considerations associated with imposing harsher penalties on repeat offenders, including questions of proportionality, fairness, and human rights implications. Ultimately, the study strives to provide several potential ways to address those concerns for enhancing the Malaysian criminal justice system's response to recidivism, considering the principles of proportionality, and fairness in criminal justice.

Equity Perfecting an Imperfect Gift of Shares: A comparative study on the rulings of the Malaysian federal court and English common law

The aim of this paper is to ascertain how the latest Malaysian apex court apply English trust law for equity to perfect an imperfect gift of shares as encapsulated in the leading case of Pennington v Waine. A comparative research methodology reveals that there must be detrimental reliance on the part of the donee of shares, which cannot be justified from the perspective of company law. It must also be unconscionable for the donor of shares to deny the donee and this subjective test is too wide and confers the court's unfettered discretion to perfect an imperfect gift.

Criminalization of occupation: Articulating a legal perspective within occupational science

ABSTRACT Occupational science literature increasingly addresses occupations classified as illegal. We examine legal sanctioning, globally and locally, of two occupations: i) search and rescue activities to aid asylum seekers and ii) sex work. We draw on comparative legal research and critical historical legal methodologies to explore how occupations become framed as criminal in certain places and certain points in time, but not in others. Relying on comparative case studies of Italy and Poland, this paper examines the criminalization of search and rescue activities in aid of asylum seekers and highlights how two States (countries) rely on criminal law to deter the entry of some individuals while welcoming others. The analysis of sex work demonstrates that legislation regulating women’s bodies reinforced racial hierarchies throughout the British colonies. This analysis focuses on historical and contemporary Canadian legislation which continues to marginalize sex workers to this day. We illustrate that societal power relations manifest through criminal law, with individuals and groups disproportionately disadvantaged and marginalized in relation to factors such as poverty, gender, mental health, oppression, colonization, and classist social systems. Criminalization of occupations can be understood to compound marginalization, human rights violations, and occupational injustices experienced by some individuals and communities. A critical understanding of legal systems and their impact on lived experiences is beneficial to occupational scientists who aim to explore occupations that are, or have been, categorised as illegal.

Dissemination of climate smart agricultural knowledge through farmer field schools (FFS): analyzing the application CAS knowledge by smallholder farmers

PurposeThe purpose of this paper is to investigate the effects of climate smart agriculture knowledge transfers. As well as to examine the application of climate-smart agricultural (CSA) knowledge such as conservation agriculture, irrigation systems, integrated soil fertility management, bioenergy and agroforestry by smallholder farmers in Kenya.Design/methodology/approachThe study applied comparative research methodology to compare climate smart agriculture knowledge application between smallholder participants in farmer field schools (FFS) and no FFS participation. This study used household data from 759 randomly selected rural agricultural households in three counties in Kenya. The study applied multivariate probit model to estimate CSA knowledge application by farmers who participated in field trainings and non-FFS participation farmers.FindingsThis study established that climate smart agriculture knowledge transfer through FFS increases farmers’ application of critical aspects of climate smart agriculture knowledge practices such as irrigation system, conservation agriculture and soil and water conservation. Such aspects have been noted as effective interventions against adverse climate change effects such as persistent droughts and flooding and soil infertility. Further findings illustrated that farmers who received CSA knowledge transfers applied agricultural insurance to mitigate rising climatic risks on their farms. Knowledge transfer interventions targeting affordability through subsidizing agricultural insurance are probable and more cost-effective measures that can be used to reduce smallholder farmers’ exposure to climate change-related risks.Originality/valueThis study provides information that was previously unknown about climate smart agriculture knowledge transfers and application among farmers who participated in field trainings and non-FFS participation farmers by using empirical data.

Analysis the Effect of Brand Equity, Product Quality, and After-Sales Service on Customer Satisfaction through Purchasing Decisions at PTA Company

From several diverse dimensions there are other factors that influence customer satisfaction through purchasing decisions and implicitly and explicitly but from some of these factors, The main coverage of variables according to the topic of discussion so that they can be processed from valid reference sources and determined what is considered for the direction of this research objective. Analyze and examine the variables of brand equity, product quality and after-sales service on customer satisfaction through purchasing decisions so that in comparison, knowing the influence (cause and effect), significance and correlation between the variables studied that are ultimately able to increase the company revenue with existing tactics and strategies. Quantitative methods are research strategies based on the ideology of positivism applied to a specific population or sample, data collection techniques are carried out with quantitative / statistical research tools. The quantitative approach seeks to test the presumption. Quantitative approaches take the form of numerical results obtained from measurements made using scales for research variables. Comparative research methodology is also used in this study. It has gotten 150 Sampling responder with Likert interval scale. Using SmartPLS software to obtain result. The effect of brand equity on customer satisfaction (T value 3.280 and P Value 0.001) and the effect brand equity to customer satisfaction through purchasing decisions (T value 5.055 and P Value 0.000), have a significant positive correlation and effect. The effect of product quality on customer satisfaction (T value 3.847and P Value 0.000) and the effect of product quality on customer satisfaction through consumer purchasing decisions (T value 2.770 and P Value 0.006) have a significant positive correlation and effect. The effect of after-sales service on customer satisfaction (T value 2.546 and P Value 0.011) and the effect of after-sales service on customer satisfaction through consumer purchasing decisions (T value 3.425 and P Value 0.001) have a significant positive correlation and. The effect of customer satisfaction on purchasing decisions (T value 2.764 and P Value 0.006 have a significant positive correlation and effect. The customer satisfaction index through this tool and trending data has increased even though it did not reach the target expected by the company. All variables are influential and significant on exogenous variables and endogenous variables. In conducting this research, the author realizes that there are still limitations and shortcomings that need to be developed in the future, so far this research can at least answer the background of the problems raised.Keywords: Brand equity, product quality, after-sales service, net promoter score, Smartpls, exogenous, endogenous

The Islamic Architectural Monuments in Kosovo During XVI – XVIII Centuries

This article aims to shed light on the construction of architectural monuments in Kosovo as early as the XVI-XVIII centuries, especially Islamic architecture. This style of construction, influenced by the eastern part of the continent, had its own construction features, which set it apart from other constructions built before Islam. Those features reached Albanian areas after the Ottoman Empire conquered them. This type of architecture expressed religious aspects in mosques and prayer facilities, but bridges, markets, shrines, and other objects were also constructed. The research results indicated that Ottoman architectural features were influenced by local traditional elements. A specific model was produced and used in all Albanian areas under Ottoman rule. Secondly, over time numerous objects were built following this model. As a result, cities and lives were changed. A comparative research methodology besides analysis and synthesis was followed to elaborate this paper, using relevant literature.

The need for a robust legal framework on corporate criminal liability in Mauritius: lessons from the French model

PurposeThe lack of legal framework on corporate criminal liability (CCL) in Mauritius is a matter of concern with the growing number of corporate crimes. The purpose of the paper is therefore to provide a critical overview of the existing framework on CCL in Mauritius with the aim of underlining its deficiencies and lacunas. As a consequence, an attempt is made to compare the Mauritian model with the French one, so that salient features and characteristics of the French model of CCL can be borrowed into the Mauritian legal framework.Design/methodology/approachThis paper adopts the black-letter approach and the comparative research methodology. The legislative framework of Mauritius on CCL will be compared to the related laws of France with the goal of drawing lessons and inspirations for Mauritius, given that the French model of CCL is well established and highly effective.FindingsThe mandatory application of the identification principle in CCL, inspired from the British common law, is a serious impediment towards successful criminal prosecution of companies responsible for criminal offences. In addition, the lack of clear legal provisions on substantive and procedural aspects of CCL is a matter of concern and demonstrates the dire need for legal amendments and action from the legislator as the paper discusses.Originality/valueTo the best of the author’s knowledge, this paper will be among the very first one tackling this area of law from a comparative perspective. The issue of CCL has indeed receive very little academic attention and this paper will help in filling the literature gap on this matter. It will also help future research on the matter for students, academics and corporate law practitioners.

Fashion: An essential factor influencing the development of 19th to 20th centuries Peranakan decorative motifs

Peranakan, also called Baba Nyonya, are often defined by anthropologists as the offspring of Chinese fathers (from the 15th Century Ming marine trade expeditions) and local Malay mothers. The Eclectic style of Peranakan culture is a precious example of cross-cultural integration between countries, which reached its peak in the 19th and 20th centuries. The culture of Peranakan permeates all aspects of life, such as language, religion, food style, social rituals, architecture and material culture, and in many of these aspects, there is the use of decorative motifs. The hybrid identity of the Peranakan has long been recognized as an essential factor influencing the development of Peranakan decoration. However, under the influence of the booming trade in Eurasia, fashion also gradually became an important factor influencing the development of native Chinese decorative motifs in the 19th and 20th centuries. As the research is drawn from the past, this study employs the logic and methodology of comparative historical research. By comparing the different responses of European, local Southeast Asian, Chinese, and Peranakan decorative patterns to the Chinoiserie fashion event, it is determined that fashion has influenced the development of native Chinese decorative patterns. The interpretation is based on Simmel’s philosophy of fashion.

Мирохозяйственная динамика и международная торговля: новые тренды

The article deals with the most topical aspects of the latest world economic dynamics and the evolution of international exchange. During the end of the second and beginning of the third decade of the 21st century, extraordinary shifts were identified in the system of the world economy, the trigger of which was the large-scale spread of a new viral infection, which caused significant crisis upheavals in 2020. But even then the attempts to confront it, which were prolonged in many cases, along with the activation of protectionist sentiments and actions of some leading countries participating in international trade, the manifestation of other aggravating factors all together did not allow to achieve greater stability in the world economic evolution in 2021. The post-crisis rebound was not very impressive. Later on, the significant (according to experts) shifts in the development of the processes in question were associated with Russia's conducting of a special military operation from February 2022. Based on the latest official, materials, including statistical ones the estimated and forecast data are analyzed that characterize the most significant trends in the dynamics of the production of the global gross product and international merchandise trade in the past (2022) and expected in the coming (2023) year. The undertaken analysis is traditionally based on the generally accepted methodology of comparative statistical research.

Countering online hate speech through legislative measures: The Ethiopian approach from a comparative perspective

ABSTRACT It is apparent that the phenomenon of online hate speech is increasing at a meteoric rate. Meanwhile, governments around the world are resorting to legislative measures in an attempt to address this pernicious social problem. Yet, while much of the discourse has been on how these legislative efforts may inadvertently affect individuals’ right to freedom of expression in established liberal democracies, little is known about the collateral costs of similar trends in developing countries with a burgeoning democratic culture. For this reason, it is imperative to assess how and to what extent legal frameworks for the moderation of user-generated online content may portend dire consequences for freedom of speech in non-democratic countries like Ethiopia, where there are distinct media and socio-political environments. Using comparative legal research methodology, this research article seeks to offer an overview of the legislative responses to online hate speech in different jurisdictions, drawing from normatively preferable policy frameworks, to provide some insights into how gaps in the new Ethiopian hate speech and disinformation prevention law can be filled.

Workforce Diversity and Its Impact on Organizational Success

This study examines how employee performance in Nepalese commercial banks serves as a proxy for organizational success to determine the benefits of workforce diversity. The study employed a descriptive and causal comparative research methodology to examine the employees of Bank of Kathmandu Ltd., established in Banke and Bardiya District, in order to determine the relationship between dependent factors, such as employee performance, and independent variables (i.e. age diversity, gender diversity, ethnic diversity, and level of education). The study is based on first-hand information. The descriptive design aids in determining the employees' basic backgrounds, and the casual comparative research design aids in determining the impact and connections between each independent variable and dependent variable. The research reveals that all independent variables—including age, gender, ethnicity, and educational attainment—have a statistically significant positive connection with the dependent variable (i.e. organization effectiveness). There are increased chances of establishing organizational success there as each group's diversity grows, and vice versa. Similar to how all independent variables have an effect on dependent variables, such as organization effectiveness, are age diversity, gender diversity, ethnic diversity, and degree of education. As a result, the effectiveness of the organization is influenced by each of the independent variables.