Context Of Law Research Articles

Application of Swiss law and influence of Swiss protection of legal personality in international sport: a necessity to ensure equality of treatment among competitors?

Sports law and Swiss law are closely connected. It is at first quite complex to perceive the real implications of Swiss law, in which way it applies as well as its concrete consequences in sport. To understand the relation between Swiss law and international sport, the present article will analyze the concepts, rules and principles of Swiss law which apply in this area (i.e., Swiss association law, contract law and protection of legal personality). Knowledge of Swiss law for athletes, teams and federation is fundamental. It is the first step to develop coherent and powerful strategy before the Court of Arbitration for Sport or internal judicial bodies of international federations. A general overview of the importance of Swiss law appears to be very valuable to understand the context of sports law. Also, the protection of legal personality as the core principle of sports law is of a primordial importance in sports law and it will be developed in this contribution. The specific influence of equality of treatment between athletes will be discussed, too. This principle is fundamental in sport and is one of the purposes of a uniform application of (Swiss) law in sport.

O acordo de leniência e a responsabilidade da pessoa jurídica na lei anticorrupção

The objective of this article was to make a brief analysis of the liability of legal entities and the conclusion of a leniency agreement in the Brazilian context of the anticorruption law (Law n. 12,846/2013) and its recently updated regulatory decree (Decree n. 11,129/2022). The methodology used was documentary research, the analysis of legal documents, normative text and scientific articles. Therefore, in the first section, the normative and regulatory text was analyzed. In the second, the theme involving the practice of corruption tend the use of legal entities was deepened. In the third and final section, the leniency agreement in the anticorruption law was analyzed, highlighting its conclusion, effects and vulnerabilities. At the end, a brief conclusion was drawn up in which it pointed towards the need for an intensification of inspection by the authorities so that legal entities realize that the search for a leniency agreement is the only and best way out and that acting and acting in conformity is better for the State, for society and for the exercise of business activity, corruption has a price and it is paid by everyone.

An Age of Rights?

AbstractRights seem to occupy a prominent place within the moral and political lexicon of modernity. But is this truly an age in which the idea of individual rights has flourished? Or might the frequency with which we speak of rights reflect a failure to appreciate the stringent demands that genuine rights would inevitably place upon us? Does our willingness to frame so many moral issues in terms of rights simply illustrate our failure to take the idea of rights seriously? Does our monocular focus upon rights lead us to ignore the broader context of law, virtue, and civility that is necessary if rights are to be a reality? These are the questions forming the background to my discussion in this essay.

Izin Usaha Pertambangan diatas Tanah Masyarakat Adat Paser dalam Sudut Pandang Penalaran Hukum

Indonesia as a country has various styles of natural and cultural resources, one of which is the customary law community whose existence existed even before Indonesia's independence. The existence of customary law communities to obtain legal recognition is based on article 18 paragraph (2) of the 1945 Constitution of the Republic of Indonesia and article 6 paragraph (2) of Law Number 39 of 1999 concerning Human Rights. Moreover, regarding customary land, it has been embodied in Article 3 of the UUPA which legally recognizes the existence of customary law which is the breath of this basic law. Nonetheless, customary land as land controlled by indigenous peoples is still a legal problem that often occurs, especially in the case of communal land disputes with mining business permits, one of which is the case of the Paser indigenous people. There is still a discrepancy between da sein and da solen where through the perspective of legal reasoning, law is not only limited to literal meanings and logical propositions by ignoring the context and purpose of law, but law should be present to protect society.

The Role of the World Heritage Convention for Foreign Investments and Investment Disputes: An Overlooked Instrument for Preventing Harmful Investment Activities?

Investment activities by foreign investors such as mining operations or energy production can threaten natural and cultural World Heritage, which is protected under the World Heritage Convention. As World Heritage sites have been at the heart of various (recent) investment disputes, the question arises as to how obligations under the World Heritage Convention affect investment activities and investment disputes. The article seeks to shed light on this issue by analysing different aspects of the World Heritage Convention in the context of investment law. It starts by exploring how investment tribunals have approached investment disputes involving World Heritage sites and what their decisions imply for the regulation of investment activities in or near World Heritage sites. Subsequently, the article examines which obligations the World Heritage Convention imposes on foreign investors, host states, and investors‘ home states. In the analysis of the home states‘ duties, Article 6(3) of the Convention, which has hitherto received little scholarly attention, is of particular interest. Based on decisions of the World Heritage Committee and doctrinal opinions, the authors interpret said provision and place it in the specific context of investment law. In doing so, they find that a limited duty to regulate exists for home states of investors if they provide financial or non-financial support to a business operation abroad.

Competition Law Concerns on Cryptocurrencies

Purpose: The purpose of the study is to analyze the regulation of cryptocurrencies within the specific context of Competition Law. The research aims to examine the interrelationship between Competition Law and the blockchain technology that underlies cryptocurrencies. Theoretical framework: Cryptocurrencies is of concern in almost all the jurisdiction across the global and is of great challenge before all the regulators. The acceptance given to cryptocurrencies across various industries and among various countries is steadily increasing. This research paper would analyze on the regulation of cryptocurrencies in specific lines of Competition Law. Design/methodology/approach: The research undertaken is a Doctrinal one. The study mainly depends on the collection of primary and secondary sources from books, journals, websites, case laws and such other sources. This study uses analytical, critical, comparative and other necessary methods to deduce the conclusion and to make out the findings of the study and to provide the suggestions. Findings: The obtained results of the study allowed us to establish that there is a close interrelationship between Competition Law and the technology that operates the cryptocurrency which is the block chain technology. Cryptocurrencies give rise to several common and particular challenges to Competition Law enforcement agencies. They include the jurisdiction issue, market area, network effect, onus of liability, mergers and acquisitions, etc. Research, Practical & Social implications: The paper contributes to the understanding of the regulation of cryptocurrencies, specifically within the context of Competition Law. The paper sheds light on the legal implications of cryptocurrencies and provides insights into their impact on competition in various industries. The findings of this research can inform policymakers, regulators, and legal professionals involved in shaping the regulatory framework for cryptocurrencies. The research paper contributes to fostering a better understanding of the potential impact on market dynamics, consumer protection, and fair business practices. This understanding can promote transparency, trust, and accountability in the use of cryptocurrencies, benefiting both businesses and consumers. Originality/value: The result of the research paper would give possible solutions to the problem faced by the Competition Law enforcement agencies in dealing with cases related to cryptocurrencies.

The status of the African Charter on Human and Peoples’ Rights under the South African legal system

The relationship between international law and South African legal order has been much examined. However, that of the African Charter on Human and Peoples’ Rights and the South African legal system has not been seriously explored. Therefore, this article examines the status of the African Charter under the South African legal system. It adopts a doctrinal approach and analyses ss 231(4), 231(5) and 232 of the Constitution of the Republic of South Africa, 1996 within the context of South African law and international human rights norms in Africa; and how South African courts have treated the African Charter. It finds that the African Charter has not been enacted into law under s 231(4), implying that it does not operate in South Africa and that South African courts have not seriously regarded the African Charter. Nonetheless, it argues that the Charter directly operates in South Africa under s 231(5) as a deemed Act and as customary international law under s 232. It further argues that the Charter as a deemed Act is inferior to the Constitution, maintains a co-ordinate status with other Acts implementing human rights treaties, higher in status than other Acts implementing other treaties and ordinary Acts. As customary international law, the Charter is inferior to the Constitution and statutes but higher than common law. Both the Charter as a deemed Act and as customary international law operate at the same time in South Africa. It concludes that the African Charter is a statute in South Africa and that South African courts have no choice but to apply it when required.

Reliance arguments, democratic law, and inequity

ABSTRACT The reversal of Roe v. Wade raises the prospect that other due process guarantees upon which individuals have organised their lives, including the constitutional rights to same-sex intimacy and marriage, will be overturned. These potential upheavals in the hard-won legal infrastructure of basic social status call for a careful look at reliance arguments for sustaining constitutional precedent. When does reliance on a judicial decision provide reason for a court to sustain a precedent in the face of substantial doubts or convictions that the original decision was importantly mistaken? Our commitments to democratic law pose distinctive challenges for reliance arguments in the public law domain that do not burden reliance arguments in the private law domain. A persuasive reliance argument in the public law context must offer a merits-independent rationale identifying limited circumstances in which reliance would justify honouring a prior (mistaken) decision and honouring it prospectively, into the future. I detail the challenges and offer a democratic account to identify when overturning a mistaken decision would impose an unfair and inequitable hardship. On this account, abortion, contraception, and same-sex intimacy rights warrant continued affirmation given reliance behaviours, but not other rights, including rights to gun ownership and freedom of contract.

Private entities shaping community interests: (re)imagining the ‘publicness’ of public international law as an epistemic tool

ABSTRACT While the very existence of community interests has arguably motivated states to engage in multilateral treaty-making, create international organisations and criminalise conduct internationally, among other things, the foundational ‘publicness’ of public international law appears largely under-explored among public international lawyers. A turn to publicness is rendered all the more necessary by the blurring divide between public/private, in the face of globalisation processes that have been affecting the way in which public interests, goods and functions traditionally thought to be within the exclusive remit of state sovereignty are defined, negotiated and acted upon by private entities. Looking at ‘publicness’ as an epistemic tool, this contribution critically revisits how private actors engaging with areas of common interest have actually shaped the contours of ‘public’ in a public international law context. It suggests to (re)imagine the ‘publicness’ in order to be able to guide practices instead of being forged by them.

Promoting Economic, Social, and Cultural Rights: Challenges and Opportunities in International Human Rights Law

This paper examines the barriers to and opportunities for advancing socioeconomic and cultural rights in Indonesia within the context of international human rights law. The research employs qualitative research methods, such as legal analysis, policy evaluation, and case studies, to thoroughly analyze the topic. Its findings underscore the complexities of realizing these rights in Indonesia and the need for targeted policies, collaboration among stakeholders, and participation in international human rights mechanisms. The research contributes to the existing knowledge of human rights in Indonesia. It provides policymakers and stakeholders with recommendations to protect and realize economic, social, and cultural liberties.

The Responsibility to Protect (R2P) Concept as an Attempt for Protection of Human Rights in International Humanitarian Law Context

The 20th century was marked by mass murder and crime to humanity, such as genocide, war crime, and ethnic cleansing, resulting in tens of millions of deaths throughout the world. While the objective of establishing the United Nations in 1945 aimed at preventing such crimes, mass murders kept on occurring, as the cases in Bosnia and Rwanda in 1990s. The responsibility to protect (R2P) concept emerged as a response to these failures, by proposing that the sovereignty of a country should be based on the responsibility to protect its citizens, rather than the right to take actions without any intervention from the international world. This research aims at exploring the R2P concept as an attempt to protect human rights in the international humanitarian law context by analyzing the relevant literature and legal norms to discover how this concept can be the basis for protecting human rights under conflict situation and four mass violations of human rights. It used normative legal research method based on international law framework. Two approaches were used, namely conceptual and comparative ones. The research results indicated that R2P concept was the best alternative for humanitarian intervention to protect mankind from such crimes as genocide, ethnic cleansing, and crimes against humanity. In an intra-country conflict, the international community was responsible through preventive and military intervention attempts. The R2P concept was also relevant in international humanitarian law since it gave a clear framework in protecting human rights and preventing mass crimes, especially in relation to the use of military power.

Significant UK Environmental Law Cases 2022–23

Abstract This case law overview comments on significant UK environmental law cases for the period 1 April 2022–31 March 2023. It begins with an overarching introduction, which draws some general themes from our selection of cases, focussing on the scope of environmental law, connections between private and public law disputes, and the standard of review in the public law context. It then addresses 12 significant cases concerning statutory trusts over land under section 164 of the Public Health Act 1875 and section 10 of the Open Spaces Act 1906, public rights on Dartmoor Commons, private nuisance, climate change, insurance, environmental impact assessment, delay in judicial review, forestry, contaminated land, and habitats. It ends with some final thoughts on this year’s cases and the year ahead.

The governance of history via law: An overview

AbstractThe study discusses the legal governance of historical memory through the presentation of the phenomenon of memory laws. It reflects on the appearance of these laws in the legal system, emphasizes their different definitions and classifications, at all the levels (constitutional, statutory and quasi-legal), and among various areas of legislation. The paper further points out the context and development of Hungarian memory laws, highlighting the special importance of this legislation in the current political and legal situation as well as potential lessons in the wider European context.

‘Law in context’ in post-colonial South Asia

An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content.

Online Assessments for Reflection within a Large Class: A Case Study of English for Educational Development Law Students at the University of the Western Cape

This study reports on the use of online assessments in English for an Educational Development module for law students at the University of the Western Cape, South Africa. It highlights the benefits of using the method of an online test to manage and enable learning by reflection in a large class setting. The design and development of online materials and assessment activities is based on a theoretical and conceptual framework that stems from the main schools of learning, namely behaviourism, cognitivism, and constructivism, and alternative assessment. Upon the completion of the course, a survey of 12 questions was given to 530 students to determine the benefits and challenges they experienced while completing their online test within a formative and reflective context. The adoption of e-Learning practices to enhance teaching and learning was explored and has shown its advantages. Results revealed that this method enables students to engage with learning materials, stay motivated, and test their own understanding of meaningful knowledge in the English language especially in the Law context. It is evident that the use of online methods for testing are beneficial for a large class context as in this case. It makes the learning and management thereof easier for both the learner and educator and accommodates different learning styles. Apart from the advantages, the findings of this study included some ethical and technical challenges and disadvantages of online assessments.

AB v Northwest Territories: A New Low for the Doré/Loyola Framework

Since the advent of the Canadian Charter of Rights and Freedoms in 1982, the relationship between the Charter and administrative law has been somewhat rocky. The unique nature of administrative decisions has been perceived by some jurists as requiring an unnecessarily nuanced approach to Charter issues in the administrative law context, resulting in problematic decisions untethered from jurisprudential Charter reasoning and the text of the Charter itself. The most notable of these cases are Doré v Québec and Loyola High School v Québec (Attorney General). The legacy of these decisions, sometimes referred to as the Doré/Loyola framework, regrettably established that on judicial review, administrative decisions need only demonstrate a proper balancing of implicated Charter rights or elusively-defined Charter values with relevant governmental objectives, and that these decisions will only be reviewed on a standard of reasonableness rather than correctness. The recent decision of the Northwest Territories Court of Appeal in AB v Northwest Territories (Minister of Education, Culture and Employment) (“AB”) highlights how far down a slippery slope of constitutional misinterpretation the framework has allowed the law to slide.

Boilerplate and contractual language: Pseudo-contract or blanket assent?

Abstract In this article I analyze Kar and Radin’s critique of boilerplate text in contract. The problems identified in boilerplate are significant. I then describe the test that they offer to distinguish between proper contract and “pseudo-contract” in boilerplate. The test is constructed upon the use of Gricean Maxims slightly modified for the context of contract law. Next, Karl Llewellyn’s test for boilerplate is described. Ultimately, through the use of a couple of examples it is argued that Llewellyn’s test is a better option. Even with this result, much of the Kar and Radin critique of boilerplate is significant and valuable.

Правопонимание как концептуальный акт

The article attempts to find answers to the following questions: 1) what kind of law is spoken about when the question of legal understanding is raised; 2) does any meaning of the concept of law allow to form a legal understanding; 3) is it possible and should we develop an understanding of law in general, as a kind of generalizing, universal in relation to different forms, types, types and contexts of law?

Juridical Review Concerning the Legitimacy of Cryptocurrency in Islamic Law

Cryptocurrency has become a significant phenomenon in the global financial world. However, within the context of Islamic law, questions regarding the validity and regulation of cryptocurrency remain a complex debate. This research aims to conduct a normative juridical analysis of cryptocurrency regulation in Islamic law, with a focus on a case study in Indonesia. The research method employed is a normative juridical approach, involving the collection and analysis of legal data from relevant sources, such as laws, regulations, and religious fatwas. This legal data is then analyzed using legal arguments and theoretical frameworks to understand and explain the legal status of cryptocurrency within Islam. This study identifies key issues that arise in the regulation of cryptocurrency in Islamic law in Indonesia, including riba (interest), gharar (uncertainty), maysir (gambling), and consumer protection. Through this normative juridical analysis, the researcher explores existing legal interpretations, relevant legal documents, and the perspectives of Islamic scholars and experts regarding the validity and permissibility of cryptocurrency. The findings of this research provide an in-depth understanding of how cryptocurrency can be categorized within the framework of Islamic law, as well as the legal implications arising from the use and trading of cryptocurrency. Additionally, this study identifies gaps and challenges in the regulation of cryptocurrency in Islamic law in Indonesia and provides recommendations for the development of more effective regulations that align with Islamic principles.

The Constitutionality of Customary Courts in Dispute Resolution for Indigenous Communities in Tana Toraja Regency

This research encapsulates an attempt to thoroughly investigate and analyze the constitutionality of customary justice in the context of dispute resolution among indigenous peoples, with particular emphasis on the ways in which disputes are resolved through customary justice institutions in Tana Toraja Regency. The research method applied was a combination of a normative (doctrinal) legal research approach relating to legal theory and doctrine, and an empirical (non-doctrinal) legal research approach focusing on practical experience and field observations. The findings of this study underscore the importance of considering the political context of law in evaluating the constitutionality of customary justice, given that the system is faced with a range of complex challenges. In practice, the dispute resolution process through customary justice in Tana Toraja Regency is organized by a reconciliatory judge, who is tasked with facilitating the process of deliberation between the disputing parties with the aim of reaching a mutually acceptable agreement or decision. Recommendations from this study highlight the need for legislative efforts to formulate clearer laws and regulations regarding the role and procedures of customary justice in resolving disputes in indigenous communities. There is also a need for local policies that support the role of conciliatory judges in the customary justice system in Tana Toraja. This research not only provides a deeper understanding of customary justice practices, but also provides a foundation for improved policies and better legal practices in the future, which can strengthen the protection of indigenous peoples’ rights and support sustainable and inclusive development.