Different Aspects Of Law Research Articles

Introduction to the First Issue of 2024

Dear Readers,We proudly present the First Issue of the International Journal of Law in Changing World -IJLCW. We are delighted that this Issue is an example of international knowledge exchange. Authors worldwide presented their papers on current legal problems in Egypt, Indonesia, Hungary,and India. Our authors gave the Journal the honor of publishing highly relevant research papers devoted to different aspects of law and regulations that the modern world faces. This Issue presents the paper "Issues in Terms of Employment and Social Security in the Mirror of Industry 4.0". Professor Gabor Mélypataki (Hungary) explores the influence of digitalization and industry 4.0 on the employment and social security.The following paper is entitled "A Multi-Dimensional Approach to Impose Universal Jurisdiction in International Legal Practice" by Abdalla Abdelkarim (Egypt). Considering the international legal practice, author provides insights into the use of multi-dimensional approach to impose universal jurisdiction."Exploring The Essence of Indonesian Securities-Based Crowdfunding" by Nanin Koeswidi Astuti, Suhariningsih, Sukarmi, Siti Hamidah (Indonesia) devoted to identifying the peculiarities and legal nature of Securities-Based Crowdfunding in Indonesia.The paper "Legislative Gaps In The Collection Of Alimony For Minor Children" by Alexander Viktorovich Markovsky (Russia) refers to the legal and other issues related to collection of alimony for minor children. "Legal Protection for User Students e-Money as aNon-Cash Payment Tool In The Islamic Boarding School Environment" by Moh. Wahyu Al Waris, Dominikus Rato, Muarafa Nur Afif studies issues and peculiarities of protection of electronic money of the students in Islamic countries. The paper "Integration of the crisis rules created by COVID 19 into the European Common Agricultural Policy and Hungarian agricultural legislation" by István Olajos and Szilárd Pálfai (Hungary) aims to demonstrate how crisis rules caused by pandemic were integrated to agrarian law of Hungary.The Journal also contains the paper "Goodbye to Afghans: What is the Promise of Human Rights to Human RightslessnessAfghan Migrants in Pakistan?" written by Sayed Qudrat Hashimy (India), which analyses the situation in Afghanistan in the context of human rights. We truly hope you will find this Issue valuable and informative because that is the mission of the Journal –to find solutions to crucial legal issues that arise from the forever-changing world.We want to thank our authors, reviewers and editorial team members for their excellent job, support, and efforts to make the Second Issue possible. We hope the Journal can inspire academics and researchers to keep expanding their horizons and reducing the research distance between countries.Sincerely yoursEditors-in-Chief Elizaveta Gromova and Daniel Brantes Ferreira

Introduction to the Second Issue of 2023

Dear Readers,We proudly present the Second Issue of the International Journal of Law in Changing World –IJLCW–volume two. We are delighted that this Issue is an example of international knowledge exchange. Authors worldwide presented their papers on current legal problems in South Africa, Russia, India, Greece, Spain, Algeria, and Iran. Our authors gave the Journal the honor of publishing highly relevant research papers devoted to different aspects of law and regulations that the modern world faces. This Issue presents the paper "European private international law and national civil codes: interactions and Synergies." Professor Martín Jesús Urrea Salazar (Spain) explores the role of global law in the current legal reality and the importance of autonomy of the will in regulating international legal relationships.The following paper is entitled "Employment Implications for naturalized South African citizens" by William Manga Mokofe (South Africa). Considering the historical context, the author provides insights into the challenges and opportunities these citizens face in the labor market."The human right to safe drinking water -a study of the prospects for the accession of Arab countries to the 1992 Water Convention" by Laidani Mohammed and Djairene Aissa (Algeria) devoted to identifying the international recognition of the human right tosafe and safe drinking water, as well as the 1992 Water Convention, which works to protect and use transboundary watercourses and international lakes and their relationship to sustainable development and environmental protection, as well as the prospects and consequences of the accession of Arab countries to this Convention to ensure water security.The paper "The right to explanation in the processing of personal data with the use of AI systems" by Professor Eleftheria (Ria) Papadimitriou (Greece) refers to the legal basis of a new, independent, sui generis right to explanation that data subjects areafforded when automated decision-making processing takes place."Artificial intelligence and its role in the development of the future of arbitration" by Mohammad Ali Solhchi and Faraz Baghbanno (Iran) studies ethical considerations such as privacy and bias that must be taken into account to ensure that AI does not compromise fairness or jeopardize confidentiality in arbitration proceedings. The paper "Artificial Intelligence and National Security: perspective of the Global South" by Kushal Srivastava (India) aims to depict a descriptive approach to the perspective of the global South, and it analyses the entire situation of AI and its prospective future in the cyber security and national security of the connected nations. Another paper, "The Doctrine of Beneficial Ownership in Russian Law" by Tikhon Podshivalov (Russia), addresses the problems of differentiation of the spheres of application of doctrine, the piercing corporate veils and the doctrine of beneficial ownership.Both of these doctrines are grounds to challenge corporate decisions.The Journal also contains the paper "The right to development: BRICS' understanding of the human rights," written by Danil Karimov and Moritz Hieronimy (China), which analyses one of the relatively new human rights -the right to development. The authors conclude that implementing and applying this right in international law is necessary to develop society and social relations further.We truly hope you will find this Issue valuable and informative because that is the mission of the Journal –to find solutions to crucial legal issues that arise from the forever-changing world.We want to thank our authors, reviewers and editorial team members for their excellent job, support, and efforts to make the Second Issue possible. We hope the Journal can inspire academics and researchers to keep expanding their horizons and reducing the research distance between countries. Sincerely yours. Editors-in-Chief Elizaveta Gromova and Daniel Brantes Ferreira.

Chief Editors' Note

Dear Readers,We are glad that the ThirdIssue of the International Journal of Law in Changing World is published. Authors from different partsof the world presentedtheir papers on current problems of law in Brazil, Cameroon, Italy, and Russia. Our authors gave the Journal the honor to publish papers devoted to different aspects of law and regulations that the modern world faces. This Issue presents the paper “Duration and Extinction of Administrative Contracts in the New Brazilian Bidding Law”. In it, professorsRafael Carvalho Rezende Oliveira and ThiagoGomes do Carmo address the causes and consequences of the termination of administrative contracts due to the recent enactment of New Law on Bids and Administrative Contracts.Next paper is entitled “Tools to Stimulate Blockchain: Regulatory Sandboxes, Special Economic Zones and Public Private Partnerships", where professors Elizaveta Alexandrovna Gromova and Daniel Brantes Ferreira presents a review of the most efficient tools to stimulate the Blockchain. The results of the research made by Natalia Igorevna Shumakovaand Elena Viktorovna Titova represented in the paper“Freedom of religion and conscience in China and Russia: in Search of New Commons” discuss the possibility of creating a new convention by China and Russia for protecting the fundamental human right to freedom of religion and conscience on a new international level, independent from the West.The paper “Impact of Digital Technologies on Criminal Procedure in Russia and India: Comparative Legal Aspect” written byElizaveta Igorevna Popova demonstrates us the impact of thedigital technologies on criminal procedure in Russia and India.Professor Enow Godwill Baiye and Fongwa Kesten Ngum are talking about the role of international law for regulation of relations arising fromGoverningtheSeabedin the paper “The Role of The International Seabed: International law”.The paper “Liability for Trademark Infringement on E-Commerce Marketplaces” written by Anna Vladimirovna Pokrovskaya, aimed to define optimal approaches to the liability regime for the violation of the intellectual property rights in the spheres of digital platforms and marketplaces. nd last but not least is the paper “Assessing Performance in Forensic Hair Examination: A Review”. Eugenio D'Orio, Giuseppe Calabrese, Chiara Lucanto, and Paola Montagna aimed this research to cross-compare multiple knowledge from different research papers on forensic hair examination in order to assess the evolution of the study and technology in this field and for assess new perspective of research and forensic applications.We truly hope you will find this Issue valuable and informative because that is the mission of the Journal –to find solutions to crucial legal issues that arise from the forever-changing world. We want to thank our authors, reviewers and editorial team members for their excellent job, support, and efforts to make this Issue happen. We hope the Journal can inspire academics and researchers to keep expanding their horizons and reducing the research distance between countries. Sincerely yours Editors-in-Chief Elizaveta Gromova and Daniel Brantes Ferreira

Противоречие между естественно-правовой и позитивно-правовой теориями: теоретический и практический аспекты

The contradiction between the theory of natural law and the theory of positive law has a long history. In most studies on the relationship between natural-legal and positive-legal theories, their incompatibility is not called into question. However, in practice, both theories influence the legal sphere, which actualizes the significance of the formation of scientific theory, which reveals the question of combining elements of natural-legal and positive-legal theories. Within the framework of this work, an approach has been taken to consider the difference between the theoretical and practical aspects of the relationship between theories of natural law and positive law. During the study, methods of analysis, synthesis, comparison, abstraction and generalization are used, as well as theoretical achievements of representatives of the historical school of philosophy of science are used. As a result of the study, it was found that the original contradiction between the theories of natural and positive law de-termined their allocation in two areas of legal research, which differ in subject and methodological terms. This discrepancy defined the transition from contradiction between the two theories to their coverage of different aspects of law, which made possible the mutual addition of elements of natural and positive legal theories in the practical sphere.

Право на жизнь в системе конституционных прав и свобод человека и гражданина

The right to life is traditionally recognized as a natural and inalienable right of any person and citizen. It is intrinsically connected with realization of other rights and liberties.
 The aim of the article is to clarify the concept and the essential nature of the constitutional right to life, to define its place in the system of fundamental human and civil rights and liberties. The article analyses constitutional rights, reveals the difference from the other human and civil rights and liberties and analysis other approaches of constitutional rights theoretic to the definition of the notion «right to life» as a constitutional right. The research gives the monitoring of the main statutory documents that defines the legal «understructure» of fixation and content of the notion «right to life» and the review of the foreign constitutional statutory documents that are devoted to the different aspects of law.
 Based on the results of the research a conclusion was made that the right to life takes a special place in the system of the constitutional rights and freedoms. The right to life is the inherent human right and this is admitted on the international level. Being fundamental in nature, it is based on the constitutional norms and principles, which set up uniformity of appliance and mechanisms for ensuring and protecting the right to life.

Semantic Reconciliation between two Different Aspects of Law

This paper presents a proposal for reconciliation between the warehouse of legal documents created during legislation and Knowledge Warehouse that is dedicated to assisting both citizens and public officers in the procedural legal rules of Public Administration in Hungary. The Knowledge Warehouse contains several thousand detailed rules that describe how to manage and handle life events of citizens. This description can be considered as generic legal cases within legal procedures of authorities. The citizens trigger specific instances of the generic ones. The evolving Knowledge Warehouse main purpose is to enable citizens to get their specific legal cases started either through Web on the Government Portal or with the help of public officers. The Knowledge Warehouse will be extended by ontologies and semantic search capabilities. An Integrated System for Supporting of Codification will be created in an on-going project that will serve as sound basis for the National Warehouse of Legal Rules. The National Warehouse pursues the prescription of MetaLex legal standards in the case of representation of electronic legal documents. The two Warehouse are strongly coupled to each other. However, the syntactic and semantic structure of both differs profoundly. The representation of e-documents within the National Warehouse is in line with ELI, the European Legislation Identifier, even the ontologies and attached semantic description concentrates on the legal documents structural elements and their interpretation. The Knowledge Warehouse focuses on ontologies of life events and procedures of authorities to leverage semantic searching. The proposed solution tries to reconcile and integrate the two differing approaches.

Using a real contract to teach law holistically

A globally used industry-standard contract proved to be of great use in teaching a few aspects of law and putting a few others in context. The practical exercise of analysing the provisions of an actual contract facilitated active learning. The use of contract provisions to manage risk and the use of standardised contracts to reduce legal costs and achieve efficiencies also emerged. Students learned about different aspects of law and the legislative process, as well as seeing how national legislation can come into being and how it can support, or fail to support, a particular business sector.

Methodological Clarity or the Substantial Purity of Law? Notes on the Discussion between Kelsen and Pitamic

AbstractLeonid Pitamic was convinced that law could not be understood and explored by a single method aiming at a pure object of enquiry. He argued that it was necessary to employ other methods besides the normative one (especially the sociological and axiological methods), which, however, should not be confounded. Methodological syncretism can be avoided by clearly distinguishing between different aspects of law and by allowing the methods to support each other. By following this guideline, and by arguing according to a clear method, we can also open up a space for dialogue and for the juxtaposition of contrasting points of view.

MoDiSo: A TOOL FOR BUILDING CONTRACT DISPUTE RESOLUTION SYSTEMS

Real-world dispute resolution should be guided by laws, even if such disputes may be resolved by bodies other than the court of laws. Hence in order to build contract dispute resolution systems we need a tool capable of representing, reasoning and programming with contract laws. In this paper we present such a tool called MoDiSo (MOdular Argumentation for DIspute ReSOlution ) which combines the strengths of state-of-the-art argumentation-based techniques for different aspects of law, to propose: first, a modular architecture for contract dispute resolution systems with an edit-compile-dispute loop facilitating incremental system developments; and second, a methodology to represent and reason with legal doctrines in contract laws in the formal language of assumption-based argumentation. We demonstrate the tool with several legal doctrines for performance relief in common law of contracts. As a by-product, we obtain a dispute resolution system capable of explaining legal outcomes by automatically generating relevant arguments.

Conference Report - Administration of Justice in Africa – Effectiveness, Acceptance and Assistance: Impressions from the Joint Conference of the Protestant Academy Loccum and the African Law Association (2007)

“When a stone is put in your way, you can view it either as an obstacle – or as a stepping stone.” This well-known phrase was quoted in one of the opening speeches at the Joint Conference of the Protestant Academy Loccum and the African Law Association in Rehburg-Loccum, Germany, on 30 November 2007. It set the tone for a three-day conference on African law which explored the “Administration of Justice in Africa – Effectiveness, Acceptance and Assistance” in many facets, focusing on different countries and various approaches ranging from women's rights to development cooperation. The African Law Association (Gesellschaft für afrikanisches Recht e.V.), founded in 1973, aims at promoting and furthering the knowledge of the African legal systems. In keeping with the African Law Association's focus on different aspects of law in Africa – not only legal aspects, but also points of view from politics, history, development cooperation and ethnology – the conference participants came from various backgrounds: professors and lecturers from Germany and various African states were present as well as other members of the African Law Association and undergraduate and PhD students from several universities. A large student group, of which the author was a member, came from the University of Würzburg, their interest in African law awakened by a series of lectures in their home university and a cooperation project of the Faculty of Law of the University of Würzburg, the Namibian Ministry of Justice and the Legal Assistance Centre in Windhoek, Namibia.

A Code of One's Own

A Code of One's Own is an essay exploring the idea that we can learn about professionalism by reflecting on the humanities. The paper is modeled on Virginia Woolf's A Room of One's Own which is a series of lectures in six chapters. The essay uses those chapters to develop the idea that lawyers, through self-reflection and observation, can develop a professional code of their own. The paper was developed through co-teaching a course entitled, Law in Literature and Philosophy as well as by attending the Aspen Institute and the Glenmoor Institute of Justice for the Legal Profession, which are both Great Books seminars that examine different aspects of law and society.

The Place of Law in the Prc's Culture

Cultural values are of determining influence for the way law is viewed in a society. Culture is presented as a coherent form of communication that is part of group socialization. In the first part of this article three elements of the PRC's culture will be put forward as an analytical framework. The three cultural elements are the basic social relation between father and son, the notion of power, and the nature of reality. In the second part the discussions on law that were held at a forum in 1996 will be used to offer an overview of the different opinions on three different aspects of law: its relation to personal power, its relation to morality, and its relation to policy.