Law Defense Research Articles

What law should apply then? The implications of the successful invocation of the public policy defence in EU private international law in family matters

The EU legislation in the area of private international law addresses explicitly the “negative” aspect of public policy, i.e. the non-application of the otherwise applicable law on the ground that it is at variance with the fundamental values of the forum. By contrast, the legislative measures adopted so far remain silent as to the law or rules that one should apply as a result of the successful invocation of the public policy defence. The paper aims, first, to assess the approach whereby the latter issue should be decided in accordance with the private international law rules of the forum. Secondly, the paper contends that an autonomous solution to the issue of the subsidiarily applicable law should mirror the goals pursued by the EU legislator – namely autonomy, flexibility, proximity and foreseeability –, and enshrined in the already adopted instruments dealing with the conflict of laws, rather than following the more widely known and endorsed approaches either not ensuring foreseeability and legal certainty, or leading to the immediate application of the lex fori. The focus will be on conflict-of-law rules in family matters, although similar patterns can be exported to other areas of the judicial cooperation in civil and commercial matters.

The Impact of the COVID-19 Pandemic on Stopping and Completing the Period of Appeal Against Judicial Rulings in Accordance with Jordanian law

This study attempts to shed light on the applicability of the Jordanian Civil Trials Law No. 24 of 1988and its amendments in light of the COVID-19 pandemic and the prevention of litigants’ access to thecourts because it is an official holiday on the grounds constituting it to be a force majeure or an emergencycircumstance which is considered an unexpected event. The law did not explicitly stipulate a cessation ofappeal against judgments. When this impediment is present, the appellant can complete the appeal periodwhen this impediment ceases to exist. The completion of the prescribed periods becomes in effect, whileDefense Order No. 5 bridged the gap in the provisions of the Civil Trials Law in light of the country’spassage through the COVID-19 pandemic, which came suddenly being an unexpected event. The legislatorwas unable to address the issue of stopping and completing the appeal period against the ruling issued forits appeal within the legal period stipulated in the law. Besides, this study includes the opinions of jurists inthe Civil Trials Law.This study indicated that the event of force majeure or an emergency situation (COVID-19 pandemic) withthe activation of Defense Law No. 13 of 1992 as it is pointing that completing the period of appeal withjudicial rulings and the necessity of its application during the existence of the COVID-19 pandemic with theneed to amend the Jordanian legislature for the legal loophole in this regard.

Mecanismos Legales para la protección ambiental de los bosques urbanos en cuatro municipios de la Provincia de Buenos Aires

This paper is part of two research projects entitled «Development of tools for urban and peri-urban green infrastructure management in municipalities of Buenos Aires Province» and «Ecosystem services provided by water and urban forests at the Lujan river basin, in Argentina. Contributions from a social, legal and environmental approach» PICT 2019-00713. Urban Forests (UF) as a key component of urban green infrastructure could contribute to the sustainable development of cities to improve the population's quality of life. There are national regulations, such as the Forest Wealth Defense Law (13273), which could contemplate the UF one; buthowever, there is no law that specifically protects the fore mentioned infrastructures at this level. Buenos Aires Province unifies guidelines through the Public Tree Law (12276), delegating to municipalities.

Criminal Law Defences Divides

Criminal Law Defences Divides

دور الرّسائل النّصیّة فی التّبلیغ القضائیّ فی أثناء جائحة کورونا

دور الرسائل النصية في التبليغ القضائي في أثناء جائحة کورونا آيات محمد فلاح النوايسة . قسم القانون الخاص ، جامعة مؤتة ، الأردن . البريد الإلکتروني:ayat199043@yahoo.com الملخص : إن التبليغ القضائي هو الوسيلة الرسمية التي يبلغ بها الخصم عن واقعة معينة، وتمکينه من الاطلاع عليها، وذلک من باب تکافؤ الفرص بين الادعاء والدفاع، والحفاظ على المبادىء الأساسية للتقاضي ومع التطور التکنولوجي الهائل الذي يوفر الوقت، والجهد، والسرعة أدخل المشرع هذا التطور إلى العملية القضائية، وازدات أهمية هذا التطور التکنولوجي خلال جائحة کورونا وخاصة بأنها خلقت أوضاعا مضطربة استثنائية على القطاعات کافة، ومنها: قطاع العدالة، وأمام هذا الوضع الاستثنائي اتخذت السلطة القضائية مجموعة من التدابير الاحترازية لمنع تفشي الوباء في صفوف المحامين، والقضاة، والموظفين تفعيلا لقانون الدفاع رقم 12 لسنة 1992 تم تفعيل العمل بنظام التبليغ الإلکتروني ومن وسائل التبليغ الإلکتروني: الرسالة النصية والبريد الإلکتروني وهذا التطور لابد أن يقوم على أساس قانوني فهنا يعتمد الأساس القانوني على نظام استعمال الوسائل الإلکترونية رقم 95 لسنة 2018 وحتى يتم العمل بالتبليغ الإلکتروني بواسطة الرسالة النصية أعطى المشرع الحجية القانونية واعتمادها وتعد وسيلة من وسائل الإثبات بالإضافة إلى توفير الحماية التقنية لمنع التزوير، ورتب عليها آثارا قانونية کالتبليغ التقليدي وتبقى دراستنا محصورة في مجال التبليغ القضائي بواسطة الرسالة النصية، وتعتمد على الموزانة بين التبليغ التقليدي والتبليغ القضائي الإلکتروني في ظل نظام استعمال الوسائل الإلکترونية. الکلمات المفتاحية: التبليغ القضائي ،التبليغ التقليدي، التبليغ بواسطة الرسالة النصية , إثبات التبليغ القضائي بالرسالة النصية , التشفير. The role of text message in judicial notification during the kurna pandemic Ayat mohammed falah al nawaiseh private law Department , Mutah University , Jordan. E-mail: ayat199043@yahoo.com Abstract: Judicial Notification is the official means by which the opponent informs of a specific incident and enables him to see it so as to make available equal opportunities between prosecution and defense and preserve the basic principles of litigation. With the tremendous technological development that saves time, effort and speed, the legislator introduced this development into the judicial process. This technological development has been more important during outbreak of the Corona pandemic, especially as it created exceptional turbulent situations in all sectors, including the justice sector. Faced with this exceptional situation, the Judicial Authority took a set of precautionary measures to prevent the spread of the pandemic among lawyers, judges and employees. Defense Law No. 12 of 1992 was enforced. The electronic notification system was enforced. Notification by a text message or by e-mail is a means of electronic notification. This development must be based on a legal basis. Here, the legal basis depends on the System No. 95 of 2018 concerning using the electronic means. For executing electronic notification by means of text message, the legislator gave the legal force and ratified thereof. It is considered a means of evidence. The legislator provided technological protection to prevent forgery, giving rise to legal consequences thereupon such as traditional notification. Our study remains confined to the field of Judicial Notification by means of text message and depends on comparing the Traditional Notification to the Judicial Notification by means of text message under the system of using electronic means. Key words: Judicial Notification , Notification By Means Of The Text Message, Traditional Reporting , Proof Of Judicial Notification By Means Of The Text Message , Encryption

The specificity of Jordanian defense law and its impact on national and international law: an analytical study in light of the ‘Corona virus’ crisis

يتسم قانون الدفاع، موضوع هذه الدراسة، بصبغته الاستثنائية. فهو قانون صادر عن السلطة التشريعية، كغيره من القوانين، ولكنه يختلف عن غيره من فروع القانون العام بأنه قانون نافذ، ولكن غير مُنفّذ إلا في ظروف معيّنة، بحيث لا يُؤذن بتطبيق أحكامه إلا في حالات الطوارئ. وتباعًا لهذه الصفة الاستثنائية نجد أن هذا القانون قد خرج في أحكامه عن بعض المبادئ القانونية الراسخة في النظام القانوني الأردني، كمبدأ الفصل بين السلطات، ومبادئ تطبيق القانون من حيث المكان والزمان والأشخاص، مما جعله قانونًا مرنًا. كما أنّ تطبيق هذا القانون له آثار ستمس بشكل مباشر غيره من التشريعات كنتيجة حتمية لطبيعته الاستثنائية. فقد حظِي هذا القانون بقوة تشريعية تمكنه من أن ينحّي جانبًا أي قانون عادي، أو نظام، أو تعليمات فيعطلها بشكل مؤقت، بل أبعد من ذلك أن يعطل، على نحو مشروع، التشريعات التي تعلوه في المرتبة (الدستور، والاتفاقيات الدولية)، ولكن بشروط معينة، وفي حالات معينة.

A Contribution of Democracy Research to Turkish History: Evaluation of The National Turkish Party and Its Program

The National Turkish Party was founded on December 9th, 1919 in Istanbul. The National Turkish Party was founded prior to the 1919 election. In a sense; it aimed at maintaining policies of the National Constitutional Monarchy Party and the movement of Turkism in the period of the armistice and of an occupation and cosmopolitan climate. The party participated in the pre-election work and elections and made some name for itself. The party dissented in opinion from other parties at the National Congress. Abdulhak Adnan (Adıvar), Hamdullah Suphi (Tanrıöver), Mehmet Emin (Erişirgil) and Ahmet Ferit (Tek), party’s nominees, got into parliament in the elections in which the party participated with an independent list. In orderto better understand the cosmopolitan pluralistic capital in a political way, we can consider that a newly established party, which formally adopted “Turkish Nationalism”, was able to win a parliamentary seat in armistice Istanbul. The National Turkish Party was not able to open any branch office except in Istanbul. They tried to explain themselves to the masses through the newspaper İfham. The party sent Ahmet Hikmet and Hamdullah Suphi as delegates to the National Congress. They were in conflict with other political organizations because of not taking a harsh attitude towards the Anatolian movement. The Party was strongly criticized especially by the Freedom and Accord Party circles for supporting the movement of the Union for the Defense of Law as well as centralizing the resistance point in Anatolia under the leadership of Mustafa Kemal Pasha. After the invasion and abolition of the Ottoman Parliament, the party became unable to work in Istanbul. Ahmet Ferit, Dr. Adnan Adıvar, and Hamdullah Suphi, the founders and directors of the party, moved to Ankara and participatedin the Grand National Assembly of Turkey. Thus, the political life of the National Turkish Party ended.

Praja Muda Karana (Pramuka) Indonesia in the Indonesian State Defense System

The current dynamics of globalization resulted in a change in the social, political, economic, and national security stability dimensions. In the stabilizing dimension of state security, it can potentially cause a threat to the defense of the country. Furthermore, Indonesia's universal defense system allows the community as a supporting component to actively participate, especially in the rights and obligations in carrying out state defense and assisting the national defense. Scouting is one form of state defense organized in an official organization container, structured and clearly the legal umbrella. This study analyzes how the scout movement and the application of the values of state defense in the defense of the state? and how does the Indonesian Scout Movement function in the Indonesian state defense system?. The method in this research is descriptive qualitative by using primary data and secondary data through legislation approach, conceptual approach, and previous research findings approach. The results of the research that has been done show that the values contained in the Scout Movement and the concept of state defense have the same goal of strengthening the defense of the country. In accordance with the concept of state defense in Law No. 3 of 2003 and in Article 1 of Law No. 23 of 2019, and in accordance with Article 4 of Law No. 12 of 2010. In addition, the function of the Scout Movement in the Indonesian defense system is as a supporting component, it can be found in Article 9 of Law No. 23 of 2019 on the management of national resources that explains Article 7 paragraph (2) letter (b) that the development of state defense awareness is one of which is given to cadres of community organizations, in this case, is scout organizations.

Contemporary Irregular Warfare: Defense Strategy

Globalization influenced by the development of science and technology has brought the world into the era of industrial revolution 4.0. It led to an unstable and confusing situation, which implies the emergence of VUCA (Volatility, Uncertainty, Complexity, Ambiguity) conditions. VUCA created the term Irregular Warfare as a new form of war, which is defined as a violent struggle between state and non-state actors to gain legitimate influence on the people relevant in the form of terrorist attacks, subversion, and rebellion or separatism. Irregular Warfare in Indonesia is known as a non-military threat, which must be faced by state institutions outside the defense sector as the main element. This study aims to develop a non-military defense strategy in dealing with non-military threats through the collaboration between the ministry of defense with ministries/agencies and local governments as the main elements under the mandate of the defense law. This study used qualitative research methods and phenomenological descriptive-analytical design and supported by relevant theories such as; strategy theory and synergy theory. This study indicates that the synergy of the ministry of defense with the ministries/agencies and local governments is significant in realizing a reliable national defense system.

APOCALYPTIC HOMOPHOBIA: FREEDOM OF RELIGIOUS EXPRESSION, HATE SPEECH, AND THE PENTECOSTAL DISCOURSE ON SAME-SEX RELATIONS IN AFRICA

AbstractIn many African societies, gender roles and sexuality are intensely scrutinized, policed, and often enforced. Frequently, this situation results in perceived deviations being characterized in very strong terms. Many Africans across religious and denominational boundaries seem united in their opposition and criticism of same-sex relationships. In the twenty-first century, criminalization of same-sex relationships has witnessed an uptick across the continent. In Nigeria, same-sex union was criminalized in 2014, an act that witnessed massive support from Protestant, especially Pentecostal, Christian communities. Prominent Pentecostal leaders spearheaded the campaign in support and defense of the anti-gay laws in the country. Reasoned opposition to a practice based on religious faith, doctrine, and scriptural prescriptions is an integral aspect of the protection for the practice of religion. However, there is a palpable tension in the debates around rights to free sexual expression as a fundamental element of legally protected human rights and the equally constitutionally embedded right to religious practice, expression, and exercise. At what point, therefore, does the respect for the free exercise of religion and religious expression come into conflict with the respect for, and protection of, minority rights such as claimed rights to sexual expression such as many LGBTQI persons are increasingly contesting? Framed differently, is the verbal and non-verbal promotion of hatred, violence, indignity, and insult or giving offence to a segment of the population based on sexual orientation a part of free religious expression? How do the Pentecostal arguments against same-sex relations in Nigeria approximate to hate speech, defined as a verbal attack on a person or group of persons based on their attributes such as gender and sexual orientation, religion, or ethnicity? To analyze these and related issues, this essay examines the arguments used by the leader of the largest Pentecostal organization in Nigeria—and by far, the most important Pentecostal voice in the country—in the wake of the legal prohibition of homosexuality in Nigeria in 2014.

Duress by Indirect Circumstances in English and South African Law: A Comparison – R v Brandford [2017] 2 All ER 43; [2016] EWCA Crim 1794

While duress by means of direct threats can provide a defence in criminal law, the legal question is whether threats conveyed indirectly are capable of providing a valid defence in criminal law. More specifically, can indirect threats then also be used as a means of defending another party’s interests that are under attack? There appears to be both academic support and precedent to answer this question in the affirmative.

How to Make a Socialist Public Lawyer Disappear

Eighty-six years after his death in exile from Nazi Germany, the socialist public lawyer Hermann Heller received his most extensive commemoration and engagement yet in the English language. The first-time translation in 2019 of what is often regarded as the magnum opus of his brief scholarly career, the 1927 book Sovereignty, allows much of Heller’s insight and erudition to come through, but very little of his views on political economy. Moreover, David Dyzenhaus's quixotic new presentation of Heller’s thought - as a grand defense (almost apotheosis) of international law as such - has almost nothing to do with his actual arguments.

Strengthening the State Defense System of the Republic of Indonesia through Implementation of the State Defense Policy

Defending the state is the attitude and actions of citizens based on love for the country, awareness of the nation and state, belief in Pancasila as the ideology of the nation and state, willingness to sacrifice to face threats, challenges, obstacles, and disturbances (ATHG). To achieve national goals, the Astra gatra composing National Resilience requires an integrated implementation system that refers to geopolitical dynamics. This integrated system can be stated in a state defense system that already has a strong legal basis in the 1945 Constitution, as well as Law Number 3 of 2002 concerning State Defense (Law No. 3/2002), Article 9 of Law Number 3 of 2002. Law -The State Defense Law also classifies state defense into three groups, namely the Main Component (TNI), Reserve Component, and Supporting Component. In implementing state defense, a citizen can do it both physically and non-physically. Physical state defense includes struggling to take up arms when there is an attack from a foreign country against national sovereignty. Thus, it is necessary to further study the implementation of existing policies regarding state defense, as an effort to strengthen the state defense system of the Republic of Indonesia. This writing using qualitative research methods.

The Impact of Corona Pandemic on Legal Protection of Jordanian Employee's Right to Salary and Its Extensions

The topic of the study is of special importance, as it relates to the source of public employee income and contemplates unusual events imposed by the Corona pandemic; Led to multiple preventive measures being taken to counter them; including the validity of the emergency defense law, which has multiple effects at all levels. To address negative economic conditions, administrative decisions were issued by the Cabinet against employees, which led to a reduction in their salaries and benefits. Hence, the study problem arose. Because it was not issued by the authority specified by the Defense Law which gives this authority to the Prime Minster, and accordingly many decisions exceeded its established legal rules and specific constitutional texts. The study aims to shit light on many aspects pertaining to the legal protection of Jordanian employee's right to salary and the basis on which the administration can modify it? We reached a set of results, most notably: The validity of the Defense Law specifically gives the Prime Minister, and not the Cabinet, the power to take exceptional measures to face the exceptional circumstance, by invoking exceptional legal rules stipulated by this law and not on the ground of the Civil Service Regulation. The most important recommendation was to cancel the new amendment of Article (193) of the Civil Service Regulation in line with the rule of legislative progression, as it contradicts the defense law and constitutes a violation of the constitutional provisions.

The Battle Against COVID-19 in Jordan: From Extreme Victory to Extreme Burden.

Since the emergence of COVID-19 in Wuhan, China, massive public health interventions have been implemented to contain the outbreak (1). However, within a few weeks, the virus had spread rapidly throughout China and within 1 month to several other countries (2). As of November 25th, 2020, worldwide, more than 60 million people were confirmed to have the novel coronavirus, with more than 1.42 million deaths (3). In Jordan, the first case of COVID-19 was discovered on March 2nd, 2020 when the government implemented an immediate and large range of non-pharmaceutical interventions to combat the spread of the virus (4). Patients were immediately and completely isolated in specialized hospitals, and quarantine was initiated as per official guidelines to medical professionals and using all personal protective equipment (5). These interventions were empowered by the activation of the National Defense Law on March 17th, 2020. The activation of the law led to the suspension of studies at educational institutions, closure of borders, stopping prayers in places of worship, and banning all large gatherings.

The Extraordinary Force of Nature Defense as a Defense to Coronavirus (COVID-19) Pandemic Liability

This Article makes a contribution to the literature regarding the extraordinary force of nature defense as well as the emerging law review literature relating to the COVID-19 pandemic by analyzing the possible applicability of the extraordinary force of nature defense as a defense to COVID-19 liability claims. Given the extraordinary nature of the COVID-19 pandemic and the recognition of it as an "extraordinary" event by federal courts, I contend that courts should seriously consider its application as a common law defense to COVID-19 related liability claims.

Valsts civilās aizsardzības jomu reglamentējošo normatīvo aktu izmaiņas laika posmā no 2014.–2018. gadam

Civil protection is an essential part of the national security system. One of the main conditions for successful functioning of any system is a properly organized regulatory framework - laws, Cabinet of Minister’s regulations that clearly define the civil protection structure and the responsibilities and rights of legal and natural persons involved in the processes. This study identifies the current situation and concludes that the norms of the Civil Defence and Disaster Management Law adopted by the Saeima in 2016 eliminate the discrepancies of the Civil Protection Law of 2006 and administrative-territorial reform of 2009, and specifically determine the areas of responsibility and activities of the state and municipal institutions, but the changes in the regulations governing the training of students and employees ensure compulsory civil protection courses for higher education institutions.

The China Jesuits and Canon Law in defense of a possible baptism of the Qing Emperor, against Domingos De Navarrete, OP (Macau, 1684)

The China Jesuits and Canon Law in defense of a possible baptism of the Qing Emperor, against Domingos De Navarrete, OP (Macau, 1684)

Concept of insanity under law of contract

The right to contract, which is basically the capacity to acquire and dispose of goods and services, change legal relationships, and act with some assurance as to future responsibilities and rights, is seldom considered by most individuals. It is only when one is confronted with the possibility of losing a right that the worth of that right becomes evident. This research study compares and contrasts the use of insanity as a defence in Indian and American contract law. India is far behind the times in terms of mental disease identification, and it also does not provide adequate liberty to those who are judged incompetent. Several psychologists and human rights advocates have spoken out against mentally ill people being as helpless as children, warning of the risks that come with surrendering all of their rights to a guardian. This research will also assess several criteria for detecting mental incapacity and propose reforms to both the Indian Contract Act of 1872 and the Mental Healthcare Act of 2017.

Copying Copyright: Adopting a Fair Use Defense in Patent Law in Times of Public Health Crisis

Copying Copyright: Adopting a Fair Use Defense in Patent Law in Times of Public Health Crisis