Legal Research Articles

The current status and improvement directions of legal rules regarding Chinese national gene banks for farm animal genetic resources.

A gene bank for farm animal genetic resources (FAGR) is an important facility for the diversity conservation of FAGR. The primary purpose of gene banks for FAGR is the reconstruction of those breeds. With the advent of the post-genomic era, gene banks for FAGR have increasingly become an infrastructure for the support of livestock research and animal breeding, and a platform for international research collaboration. China is one of the richest countries in the world in terms of FAGR. Chinese National Gene Banks for FAGR (CNGBFs) have an important legal status and play an important function in the Chinese FAGR protection system. In this paper, we reviewed the current situation of CNGBFs construction, and systematically collected and analyzed legal rules related to CNGBFs. As results, those legal rules were categorized into two types: (a) organization and management, (b) activities. We summarized problems existing in the current legal rules for CNGBFs from three levels: institution, practical operation, and digital development. Improvement directions of legal rules regarding CNGBFs are proposed. They include clarifying the utilization function of CNGBFs and the ownership of FAGR in CNGBFs. Moreover, improving the mechanism of administrative management, rules on domestic and international access and benefit-sharing, and the system of digital sequence information management are also suggested. The improvements in those legal rules will contribute to the appropriate utilization of Chinese FAGR and international collaborations.

Delegation of Authority to Human Beings: A Late Safavid Theologian’s Account on the Legislative Meaning of Tafwīḍ

Abstract In this article, I intend to examine an account of human free will suggested by one of the most prominent figures in religious institutions during the Safavid reign, which had a long-term effect on subsequent discussions on the subject. Muḥammad Bāqir Majlisī (1627–1699), a renowned theologian, muḥaddith, and jurist who played a significant role in shaping Shīʿism in Iran, emphasized human free will (ikhtiyār) in his various works. While he considers it a self-evident truth, Majlisī attempts to justify human agency in voluntary activities through his arguments. However, it appears that his emphasis on human free will is primarily aimed at demonstrating that individuals are legally bound. Due to the limitations of human intellect, Majlisī argues that humans cannot be considered competent to create the legal rules they must follow. Consequently, individuals are not authorized to determine their own obligations even though they are responsible for their actions. Thus, while Majlisī was determined to establish that humans possess free will, he believed that individuals were not allowed to exercise this freedom in the realm of social and political affairs.

Maani Letters and Their Influence in Facilitating Islamic Jurisprudence Analytical Study of Waw Athaf Letters in Ahkam Verses/ حروف المعاني وأثرها في تيسير الحكم الفقهي واو العطف نموذجا، دراسة تحليلية في بعض آيات الأحكام

The letters of meanings are a linguistic topic that the fundamentalists borrowed in the field of fundamentals, and they may have added appreciable additions to it to achieve the goal of lending it to science. This is because of its importance in deducing legal rulings. This appears in the way fundamentalists deal with it in their books, ancient and modern. But there is another essential feature, which is that the conjunctions, or the letters of meanings, by contemplating the places they appear in the verses of rulings - and the hadiths of rulings by extension - we found that they have an essential effect in deducing rulings on the one hand, and in facilitating jurisprudential rulings on the other hand. The fundamentalists have worked hard to explain the meanings of the letters of meaning, including the conjunctions, and to explain the impact of this on deducing legal rulings. They have made great efforts in doing so. They based many of the deduction rules on rules in the Arabic language. This research focuses on the letter waw, as it is one of the conjunctions of the meaning letters, and shows its effect in deriving legal rulings while presenting its role in facilitating jurisprudential rulings, which is consistent with the intention of the law and its will in basing rulings on facilitation.

Meta-Analysis of the Evolution of Sports Management

Sports management is a fundamental subject for anyone interested in the world of sport. This article addresses the systemic evolution of sports management as a discipline that integrates several aspects, from the organization of sports events to the management of teams and athletes. The methodology consists of a three-stage procedure: bibliometric analysis, identification of key words, critical analysis of the books, which includes the Prisma search engine used in the Scopus database and analyzed by the Bibliometrix Software. The initial sample was n=450 studies included in the review, only Scopus, in Spanish and English. Among the main results, it is important to highlight how sports management allows sports teams and organizations to function effectively and efficiently. In conclusion, it was possible to establish as important variables the impact of sports management in specific contexts, organizational culture, quality, level of satisfaction of the processes, training and professional profile, communication management in sports events and perception of sports managers, being fundamental for success in sport. Furthermore, knowing how its theoretical, legal and ethical conception has evolved, transcends anti-doping regulations and athlete safety, towards the transformation of traditional sport into digital sport. Currently, sports management is experiencing a series of significant changes that are transforming the way in which this discipline is studied and applied.

Similarity of Narrations in Interpreting the Verses of Rulings (Verses of Worship as a Model)

The subject of this study was chosen with the aim of reaching the integrity and authenticity of the narrations that reveal the interpretive meaning in the vocabulary of the Qur’an. Therefore, it is known that jurists and researchers face many problems in correcting the narrations related to the legal rulings. It is necessary to stop at correct or reliable narrations because they contribute to revealing the legal ruling. They are of higher importance if they are related to the jurisprudence of the Qur’an, which necessitated choosing this research that stems from the problem due to the importance of reaching the later narrations used by the interpreters of the verses of the rulings. The study also focused on creating a new method in interpreting the verses of the rulings with the corresponding narrations, whether by chains of transmission or texts, in order to reach the reliability of the quadripartite victory.

Źródła i rola idei uprawnień naturalnych w „Pamflecie bostońskim”

For many centuries, the idea of natural rights has been one of the most important philosophical and legal concepts. Its importance results not only from the importance of the postulates but also, and perhaps above all, because it played a role in the course of changes taking place in modern times. The Boston Pamphlet is one of the first documents issued on the American continent in which revolutionary theses, in particular regarding relations with Great Britain, were formulated in the language of natural rights. The purpose of the article is to analyze the idea of the inalienable rights of the individual, which was expressed in this document. It was indicated that the revolutionary postulates of the authors of the document found as justification and intellectual foundation in a specific vision of inalienable individual rights (and more precisely in the vision proposed by John Locke). The analysis was preceded by a reference to the so-called English liberties, which allowed to place the Pamphlet and the idea of natural rights in a broader context. Attention was also drawn to the fact that although the concept of the inalienable rights of the individual was visible in earlier writings, it was brought to the fore only on the eve of the revolution. The analysis of the concept expressed in the document required the disclosure of those aspects of Locke’s doctrine that played a key role or were even transferred entirely to the content of the document.

Проблемы разграничения законности, обоснованности и мотивированности приговора в теории и практике уголовного судопроизводства

This article examines the problems associated with defining the concept of a justified verdict, its relationship with the properties of legality and motivation of a court decision. The conclusion is formulated that modern judicial practice has actually turned the property of the validity of a sentence into an appendage of legality. Violation of the norms of the Code of Criminal Procedure of the Russian Federation, in turn, is a universal basis for canceling or changing a court decision. Thus, in the practice of appellate courts, the identification of violations of the law committed by the court of first instance, as a rule, precedes the verification of issues of the validity of the verdict, which the court may generally leave without consideration, and the cassation courts, contrary to the requirements of the law, actually verify the validity of the verdict. In this case, the sentence is canceled (changed) due to a legal basis (the only legal one, according to the letter of the law) significant violations of the criminal and (or) criminal procedural law. The authors associates the appearance of such collisions with the confusion in judicial practice and in procedural science of the concepts of legality, validity and motivation of a sentence. However, such a mixture directly contradicts the requirement of the Code of Criminal Procedure of the Russian Federation, which distinguishes the subject of appeal (legality, validity and fairness of the sentence) and cassation (literally according to the Code of Criminal Procedure of the Russian Federation — only the legality of the sentence) proceedings. Based on the results of the study, the authors proposed her own vision of the content of the concepts of legality, validity and motivation of a court decision, and their significance in rendering a legal verdict. Key words: sentence, properties of the sentence, legality, validity, motivation.

Criminal Legal Steps to Stop the Irregular Migration in Hungary

Abstract From 2015, migratory pressures put a heavy burden on EU countries. In 2015, Hungary took a new approach by building a border fence and creating criminal legal rules to protect it. This study aims to assess these measures in the EU sphere. Our research was based on EU (frontex) and national (Prosecutor General’s Office information) data and assessed the Hungarian solution in the light of the migration policy of other Member States located along the main migratory routes. The data show: (1) the criminal law has no substantive effect, and (2) the law enforcement tools are effective. Moreover, the domestic data also show that Hungary is not consistent in its policy and has preferred law enforcement tools to criminal legal tools in the past few years, which violates the basic principles of criminal law: the principle of legality and the principle of ultima ratio.

Legalizing Bequests to Heirs in Egypt as a Legislative Application of Talfīq: towards a Purposive Interpretation of Article 37 of Law No. 71/1946

Abstract This paper tackles one example of interaction between state laws and social norms. It investigates the rationale behind the unprecedented legalization of bequeathing to heirs in Egypt that happened by the virtue of article 37 of law no. 71/1946. This article represents a legal rule that renegotiates a well settled matter in the Sunni jurisprudence based on an undefined common need that was alleged in the explanatory memorandum of this law. The paper investigates that common need through an originalist approach into the mentioned article then validates the output of that investigation by a review of relevant judicial rulings. As part of this originalist approach, the paper engages with the available data pertaining to the drafting process of law no. 71/1946, the key members in the drafting committee, and the parliamentary discussion on article 37 of the law. It also attempts a contextual reading for article 37 to understand its legal rationale and propose criteria for judicial enforcement that would maintain this rationale.

Green versus green: The case against holistic environmental permitting processes

Globally, there is a strong interest in investments in zero‑carbon technologies, e.g., in industry and the electricity generation sector, but projects supporting the climate transition are argued to be held back by environmental permitting challenges. For this reason, there are calls for novel regulatory reforms that broaden the scope of environmental permitting, and the underlying legal rules, by assigning a more prominent place for projects' climate benefits, i.e., the carbon dioxide emissions displaced elsewhere in the economy. This commentary argues against such a reform, which could create more problems than it solves. It risks increasing the complexity and the uncertainty of environmental permitting process, e.g., by making it more difficult to evaluate how various legal rules should be applied in the context of individual permit applications. Such a reform also clashes with the anti-anti-environment task of environmental law and permitting. The development of zero‑carbon projects and the protection of environmental harms involve difficult trade-offs, but the main role of environmental permitting is to identify measures that allow these goals to co-exist. The solution to this green versus green dilemma is not to reform the scope of permitting processes, but rather improve the ways in which existing legislation is implemented.

Women on the Move: Prostitution on Syros and Corfu in the Nineteenth Century

Abstract: Governments across Europe began to implement systems of state-regulated female prostitution during the nineteenth century. Starting in the 1830s, authorities in British-protected Corfu and Greek Syros marshaled the bureaucracy of the modern state to protect public health—both biologically and morally—from the so-called public woman. Women working as prostitutes on both islands were registered with local authorities, inspected regularly, and hospitalized at the discretion of police and health inspectors. Despite moral and legal prescriptions, prostitution in the Greek world was a highly permeable trade. These women, who came from a variety of socioeconomic backgrounds, not only moved into and out of prostitution but also traversed the changing political boundaries of the eastern Mediterranean, living and working among its various port cities. Indeed they were a central component of a transforming yet still integrated region, demonstrating the persistence of a connected Mediterranean world from the early modern into the modern period.

Specification, validation and verification of social, legal, ethical, empathetic and cultural requirements for autonomous agents

Autonomous agents are increasingly being proposed for use in healthcare, assistive care, education, and other applications governed by complex human-centric norms. To ensure compliance with these norms, the rules they induce need to be unambiguously defined, checked for consistency, and used to verify the agent. In this paper, we introduce a framework for formal specification, validation and verification of social, legal, ethical, empathetic and cultural (SLEEC) rules for autonomous agents. Our framework comprises: (i) a language for specifying SLEEC rules and rule defeaters (that is, circumstances in which a rule does not apply or an alternative form of the rule is required); (ii) a formal semantics (defined in the process algebra tock-CSP) for the language; and (iii) methods for detecting conflicts and redundancy within a set of rules, and for verifying the compliance of an autonomous agent with such rules. We show the applicability of our framework for two autonomous agents from different domains: a firefighter UAV, and an assistive-dressing robot.

К ВОПРОСУ О ПОНЯТИИ И ГАРАНТИЯХ ЗАКОННОСТИ

The article reveals the concept of legality as a social and legal phenomenon. When establishing the content of the category of legality, an important question is through what guarantees its reality is ensured. The article discusses general and special guarantees, under the influence and assistance of which the regime of legality is implemented, protected, and in case of violation, restored. Special attention is paid to measures to strengthen the rule of law. The definition of “legality” is introduced into scientific circulation.

The Principles of the Insolvency Procedure in Romania

The insolvency law in Romania is one with tradition, its first form being adopted in 1995. At that time, although no principles were expressly stipulated to govern this procedure, they could somehow be deduced from the interpretation of the legal norms. The legal consecration of the principles of the insolvency procedure can only be found in Law No. 85/2014, still in force today. It should be mentioned that Law no. 216/2022 amended the legal rules regarding the principles applicable to insolvency. These principles can be summarised as follows: encouraging negotiations regarding the prevention of insolvency, maximising the debtor's wealth, enabling effective restructuring, efficiency, reasonableness in the procedure, insolvency of the creditor mass, transparency and predictability, pro rata and pari passu rules, credit risk limitation, the superpriority of financing in the procedure, a representative and fairly assumed reorganisation plan, useful and efficient capitalisation, procedural coordination in the matter of the group of companies and legality control. Keywords: Insolvency; Principles; Rules.

Legalitas Drone (Pesawat Tanpa Awak) Sebagai Alat Melakukan Mata-Mata Dalam Perang

Introduction: The use of drone technology as a weapon of war raises several problems, both in terms of action and consequences. In terms of action, when drones are used as weapons, participants in armed conflict are no longer just humans fighting each other, but between (non-living) robots against living (humans). Apart from the legality of war and the use of drones as weapons of war, drone attacks can be carried out secretly, at any time and without the knowledge of the enemy.Purposes of the Research: This writing aims to examine and find out the use of drones (unmanned aircraft) as a tool for espionage in International Humanitarian Law and more specific rules regarding the use of drones (unmanned aircraft) as a tool for spying in war.Methods of the Research: The type of research used in this paper is normative legal research. As for answering the problems in this study, the authors use three approaches to the problem, namely the statutory approach (statute approach), conceptual approach (conceptual approach) and case approach (case approach). The procedure for collecting legal materials carried out by the author is by searching for and collecting laws and regulations related to the legal issues at hand. Legislation in this case includes both legislation and regulation. Analysis of legal material uses qualitative methods, namely studies related to legal norms contained in international law legislation and legal norms that exist in society.Results of the Research: The results of this study indicate that the use of drones (unmanned aircraft) as a tool to carry out espionage in International Humanitarian Law, is contained in Article 36 of Additional Protocol I to the 1977 Geneva Convention. Article 36 intends to maintain the development of weapons used both by countries and international organizations to continue to respect, maintain and not cross the boundaries of existing international humanitarian law principles. The current arrangement is too old and cannot be definitively binding. The use of drones as weapons has been carried out in the absence of an adequate legal regulation on this matter, Article 36 of Additional Protocol I of 1977 only contains general matters regarding the development of weapons technology and methods of warfare, but does not specifically and specifically regulate the use of drones. The absence of legal rules that specifically and specifically regulate the use of drones, which relate to their use as weapons, this will open up enormous opportunities for misuse and violations of international humanitarian law.

The Perspective of Shafi'i Fiqh on the Legal Ruling of Giving a Ring in the Engagement Process

Marriage is a fundamental social institution in the context of Islam. In the realm of marital customs, various traditions have emerged, including the presentation of engagement rings. The practice of giving engagement rings has become an important component of marriage proposal ceremonies, especially in Indonesia. However, according to Islamic jurisprudence, particularly within the Shafi'i school of thought, the legal standing of engagement rings requires further examination. This investigation aims to analyze the legal implications of the practice of giving engagement rings from the perspective of Shafi'i Fiqh, while also considering customary practices. The research methodology employed is a legal study with a qualitative approach. Findings indicate that Shafi'i Fiqh accommodates a wide range of customary rituals in marriage, including the exchange of engagement rings. Although there is no specific regulation governing this practice, Islam promotes marriage as a means of building a family rooted in truth, love, and compassion.

A CRITICAL LEGAL STUDIES PARADIGM OF THE PRESIDENTIAL THRESHOLD ELECTORAL SYSTEM IN INDONESIA

In the perspective of the Critical Legal Studies Paradigm, researchers do not have the intention to deliberately dismantle normative legal rules that are legally and constitutionally, but in this discourse the critical legal studies paradigm provides a lens that critical voices are voices that come from the people with a higher realm of awareness in view with the assumption of potential that will occur critically, involving the direction of thinking that tends to be deconstructive and very worthy of questioning. in this case the paradox that occurs between ontology and methodology or in simple language reality with normative methodological values itself, by separating political, sociological, historical, and ethical motives. In this case, the paradox that occurs between ontology and methodology or in simple language reality with normative methodological value itself, by separating political, sociological, historical, and ethical motives. in this study, researchers used a qualitative method based on the study of the normative rules of the 1945 Constitution. normatively in article 222 of Law Number 17 of 2017 concerning the election of the President and Vice President reads: The candidate pair is proposed by a political party or a coalition of political parties participating in the election that meets the requirements of obtaining at least 20% (twenty per cent) of the total seats in the DPR or obtaining 25% (twenty five per cent) of the national valid votes in the election of DPR members, before the implementation of the Presidential and Vice Presidential elections or the Presidential Threshold system if viewed deconstructively from the process of forming the rules of the Law or the legislature itself does not have a basic limiting framework of legal construction, With the pretext of strengthening the presidential system, the effectiveness of holding elections in an accountable manner, but ontologically or in reality this raises that the law is a political product is a reality and shows that political power is more dominant than the law itself, of course this is very paradoxical with the concept of a country that is considered democratic where political power should be subject to the law. In this foundation, something produced by the legal products of the legislature is worthy of criticism.

The concept of ‘due cause’ and its role in safeguarding fundamental rights under EU trade mark law: how should the CJEU rule in IKEA, C-298/23?

Abstract While trade mark rights themselves constitute fundamental rights within the right to property, they may also collide with the fundamental rights of third parties. The latter is particularly evident where third parties try to justify their unauthorized use of a trade mark on the basis of their own fundamental rights. The collision between the fundamental rights–protected interests of the trade mark proprietor and the third parties become all the more apparent when it comes to the protection of trade marks with a reputation. Trade marks with a reputation are particularly exposed to use by third parties due to their high level of appreciation and recognition among the public and therefore deserve a special protection. However, this special protection must not get out of hand and must be restricted wherever the fundamental rights interests of third parties outweigh those of the trade mark proprietor. As a result, a balance must be struck between the colliding fundamental rights interests. All this raises the question where such a balancing of interests could take place in the context of the European Union (EU) Trade Mark Regulation 2017/1001 (EUTMR) and Directive on the European Union Trade Mark (EUTMD). And once the ‘where’ has been resolved, a question still remains as to how an appropriate balance can be achieved or rather what criteria need to be taken into account when balancing these interests. To answer these questions, existing case law of the Court of Justice of the European Union (CJEU) provides only limited to no substantive guidance. It is therefore not surprising that a Belgian national court requested the CJEU to clarify precisely these questions at EU level in 2023 (IKEA, C-298/23). In this case, the main role is played by the negative condition ‘without due cause’, which arises from the EUTMR and EUTMD provisions protecting trade marks with a reputation and which stipulates that the trade mark proprietor can only enforce the special protection if the third party is unable to establish that the use of the trade mark takes place with ‘due cause’. It is therefore the task of the CJEU to clarify whether the required balance of fundamental rights interests can be achieved within the framework of the undefined legal concept of ‘due cause’ and, if so, to specify the criteria by which such a balance can be achieved. This article sets out and discusses how the CJEU should solve this task and concludes that the concept of ‘due cause’ must be interpreted broadly in order to provide a flexible counterweight to the far-reaching protection of trade marks with a reputation. Hence, the concept of ‘due cause’ can be understood as a safeguarding mechanism for the fundamental rights of third parties, whereby various criteria must be taken into account in order to achieve a fair balance with the fundamental rights–protected interests of the trade mark proprietor.

Divorce Bureaucracy in the Sharia Space: Examining Practices in Langsa City, Aceh

Divorce in the community is often understood differently between Islamic law, the State, and customary law. Each of these laws has a fundamental legal basis regarding the concept of divorce. The impact of differences in the legal concept of divorce results in different Muslim communities in the process of terminating marital relations. This research aims to examine further how the divorce bureaucracy in Indonesia affects the divorce process in the community. This paper results from an empirical study with a socio-legal study approach, this approach is used to review how divorce in society is practiced. Data was obtained from interviews with relevant parties. To strengthen the data and analysis, this research also uses several empirical research results and other important articles related to this paper. The results show that the divorce bureaucracy in Langsa City, Aceh still leaves problems caused by differences in viewpoints and interests so that divorce outside the court still occurs. The difference in perspective is based on the understanding that divorce is legal if it fulfills the provisions of Islamic law. On the other hand, people who are aware of the law have the view that divorce must be done before the court. The bureaucracy of divorce, which involves administration and the conditions that must be met, makes divorce considered complicated and takes a long time. Conversely, religious divorce does not require a long time and cost. In addition, the interest in a quick process without the need for an administrative process also influences the divorce bureaucracy. Non-judicial mediation at the village level is essential for reducing divorce rates and reducing divorce bureaucracy.

Policing of youth in the hospital

BackgroundEach year millions of children seek care in emergency departments, many of whom are from marginalized and minoritized groups who lack access to primary and preventive care. Law enforcement personnel are also commonly present in pediatric and adult emergency departments serving in a range of roles. Therefore, pediatric emergency departments sit at the nexus of the health system and the legal system for many vulnerable youth and families. ObjectiveHerein, we explore several common specific legal issues surrounding policing of youth in the hospital setting: patient privacy and disclosure of information, questioning and visitation restriction, autonomy and decision making, restraints and use of force, and patient property. MethodsOur team of legal scholars and clinician researchers examined the literature on policing of youth in healthcare settings and patients' legal rights in healthcare settings through searches using PubMed, Westlaw, and Lexis. FindingsThrough rigorous analysis of the medical literature, legal scholarship, and relevant case law, several important themes were identified which present challenges to clinicians caring for vulnerable children. Conclusions and relevancePediatric clinicians, highly trained professionals in the medical and social care of youth and children, are often unaware of legal rules and procedures that guide law enforcement interaction with youth. This lack of knowledge may result in unknowing and unwitting violations of patients' rights while also compromising the quality of health care provided. Therefore, it is imperative that clinicians are educated on their roles and their institutions' roles in safeguarding patients' privacy and autonomy while still promoting effective collaboration with law enforcement.