Framework Of Law Research Articles

Legal Consequences of Authentic Deed with False Identity Against Notary

Given the very important role of Notaries in upholding justice and truth in society, everyone who participates in law enforcement is obliged to carry out their duties with integrity and devotion, thus raising the degree of the Notary profession to a noble level (officium nobile). This can lead to increasingly complex and challenging tasks amidst the increasingly intense competition between Notaries, which in turn causes some Notaries to be less careful in carrying out their official obligations. The rapid changes in society are accompanied by the increasing need for Notary services, especially in the midst of globalization. People need Notary services in order to carry out their legal obligations, especially in the framework of civil law, where the implementation of a legal action depends on the existence of supporting documents such as letters or documents. This deed is often made by a Notary in the form of an original deed, so that it has more legal weight because of its official and legal existence. Notaries are public officials who have the authority to make Deeds and other legal authorities, as stated in Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning Notary Offices. In Indonesia, the legal system is very important to resolve various disputes between the government and the community. Another indication that legal certainty has been guaranteed is the stipulation or legalization of a contract by a Notary. The purpose of this normative legal research is to examine laws and regulations relating to the position and duties of Notaries in society

Crimes against Palestinian Civilians Under Zionist Occupation

Throughout its long history, humanity has coexisted with conflicts, power, influence, policies of violence and distress, bloodbaths, massacres, racial calamities and famines. Its present and future visions are still subject to horrors, hardships and tragedies. International humanitarian law has come to express these values in legal language that imposes the obligation on the States parties that make up these agreements. The basic rules and principles of this law have become a set of values accepted by the entire international community and to know that the civilian population is the first to be exposed in most cases to acts of aggression and violence. In different parts of the world, we are witnessing the process of ethnic cleansing, mass killings and atrocities committed against civilians and destroying their homes and property. This is what prompted the researcher to choose his research ( crimes committed against Palestinian civilians under the Zionist occupation) to answer many questions, including knowing who are civilians through the concept of crimes against civilians. The international trend of retaliation against civilians was rejected during the military operations. In the UN General Assembly resolution adopted in 1970, it is not permissible to retaliate against the civilian population, whether they are a group or individuals in armed conflicts. Civilians, in particular, within the framework of international humanitarian law, which is a newly established law that includes a set of international legal rules targeting situations of armed conflict and the protection of civilians suffering from the scourge of this conflict , and the subsequent military occupation. The rules of international humanitarian law are characterized by moral highness, as they codify the rules of morality that must prevail during armed conflict and military occupation

Neo-Institutional Analyses of Criminal Legal Organizations and Policies

Since emerging in the late 1970s and early 1980s, neo-institutional theory has been a popular framework for understanding law, legal institutions, and policies on the books and in action. Neo-institutional theory has been particularly useful for explaining diverse criminal justice phenomena, from changes in penal law and policy statements to on-the-ground practices across police departments, courts, carceral facilities, and community corrections. This review describes how scholars of the criminal legal system have used neo-institutional theory and where there is room for further utilization. Additionally, it discusses how and why neo-institutional theory is particularly useful for sociolegal scholars, and not only those studying criminal legal organizations and policies.

China and Shanghai Cooperation Organization: Reconsideration and Improvement of Multilateralizing Effect of Most Favored Nation Clause in BIT

Since the Maffezini case, debates upon the application of the Most-Favored-Nation (MFN) clause have never stopped. Research from the perspective of the Shanghai Cooperation Organization (SCO) can test the way for further advancement of this issue. The analysis on the international investment arbitration cases involving the SCO states may shed some light on the crucial point on dispute. At present, the bilateral investment treaties (BIT) between China and other states of the SCO are in an urgent need of renewal in order to meet the interests of deepening investment cooperation. Problems of fragmentation of the interpretation method and of unpredictability of the interpretation conclusion of the MFN clauses manifested in international investment disputes involving SCO states will provide concrete preventative suggestions on the updating of the wording of MFN clauses. Under SCO framework, the multilateral effect of the MFN clause can play a model role for other regional integration organizations to build an integrated and multilateral investment treatment system in the fragmented and bilateralism-based framework of international investment law, and in fact promote investment facilitation for regional organizations.

MOST RECENT CASES-LAWS PERTAINING TO THE EUTHANASIA RELATED JURISPRUDENCE IN INDIA: AN ANALYSIS

Objectives: The objective of this article is to introduce the concept of euthanasia in the Indian context and analyze the existing legal framework. It aims to examine how India's Judiciary has taken initial steps towards legalizing euthanasia, highlighting the determination displayed by the courts. The focus is on summarizing recent case laws that have kept the debate on euthanasia alive in India over the last fifteen years. Methods: The article discusses three recent case laws that have significantly contributed to the ongoing debate around euthanasia in India. It explores the role of the Indian Judiciary in gradually establishing guidelines and shaping the process of legalizing euthanasia within the framework of law. Results: The article highlights how the Judiciary has played a crucial role in advancing the conversation around euthanasia. Through a detailed examination of case laws, it demonstrates how legal guidelines have been fine-tuned over the years to align with the growing support for euthanasia in India. Conclusion: The article concludes that the Indian Judiciary has made significant progress in addressing the complex issue of euthanasia, laying the groundwork for its potential legalization within the ambit of law. The debate is ongoing, but there have been substantial developments in shaping the legal landscape around euthanasia in India.

Collateral kids: Weighing the lives of children in targeting

Abstract The principle of proportionality under international humanitarian law prohibits an attack if the expected harm to civilian persons and objects is excessive in relation to the anticipated concrete and direct military advantage. In this article we argue that, when applying the principle of proportionality, the incidental harm to a child must be given a higher value as compared to incidental harm to an adult. This reflects the broader framework of international humanitarian law, which creates stratifications amongst different groups of civilians and provides special protection for children in times of war. This aligns with the practice of many militaries, which tends to implicitly assign a heightened worth to the lives of children due to moral and political considerations. Such reasons stem from the perceived vulnerability of children as well as their moral innocence reflecting harmlessness and blamelessness. Indeed, harm to children’s lives tends to generate a greater backlash among the community to which they belong and, as a result, a military disadvantage. We argue that the greater weight assigned to the lives of children in proportionality assessments is not simply a matter of morality or strategic calculations, but in fact a requirement from a more wholistic interpretation of international humanitarian law.

To What Extent can Parental Rights be Limited by “Minimum Educational Standards as may be Laid Down or Approved by the State”?

ABSTRACT The Universal Declaration of Human Rights (1948) affirms parental rights in education through a simple statement: “Parents have a prior right to choose the kind of education that shall be given to their children.” However, in subsequent international treaties, this right is framed with greater complexity. Notably, the International Covenant on Economic, Social, and Cultural Rights (ICESCR), the UNESCO Convention against Discrimination in Education (CADE), and the Convention on the Rights of the Child (CRCh) introduce the requirement that this freedom must align with “minimum educational standards” set by the State. In contemporary discussions, the State’s role in regulating and limiting parental rights is increasingly seen as central to the right to education. This raises critical questions about how far such standards can go in restricting parental choice for broader political goals, such as promoting social cohesion. This paper aims to examine the concept of “minimum educational standards” and the extent to which they can be used to curtail parental rights, analyzing key human rights mechanisms and their interpretations. It seeks to clarify the balance between parental freedom in education and State-imposed regulations within the framework of international human rights law.

PANDEMICS AND BEYOND LEGAL IMPLICATIONS FOR COMBATTING ALTERNATIVE FORMS OF TERRORISM AND BIOTERRORISM

Preventing terrorism and bioterrorism is a top priority nowadays, both globally and locally. This article examines the phenomenon of terrorism and bioterrorism within a legal and ethical reflection within the framework of law and national security. This work aims to highlight this problem by discussing its factors, dynamics, and prospects in Albania compared to international law. These adjustments are surely well worth analyzing and bringing to the eye of prosecutors and lawmakers today. The study examines terrorism and bioterrorism, including their prosecution, legal measures, and major issues on a global, regional, and national level. By studying the phenomenon, behaviors, worldwide regulation, practices, and judicial predictions, we have come to a few conclusions concerning the suitability of our regulation with the supranational one, specifically with that of the European Union to enhance country-wide protection and improvements in the Rule of Law.

NAVIGATION IN E-GOVERNMENT: THE ROLE OF ARTIFICIAL INTELLIGENCE IN THE FORMATION OF THE LEGAL FRAMEWORK FOR THE PROTECTION OF INTELLECTUAL PROPERTY RIGHTS

The integration of artificial intelligence (AI) into electronic government (e-government) systems is revolutionizing public administration by enhancing efficiency and improving service delivery. However, the adoption of AI technologies in this context also raises complex legal challenges, particularly concerning intellectual property (IP) rights. Traditional IP laws, which were developed with human authorship in mind, struggle to accommodate the unique characteristics of AI-generated content. This article examines how AI is reshaping the legal framework for IP protection within e-government systems, highlighting the implications and challenges that arise from this technological shift. The primary aim of this study is to explore the role of AI in the formation of IP law frameworks within e-government, focusing on how current laws address—or fail to address—the challenges of AI-generated content. The methodology includes a comprehensive literature review, analysis of legislative documents, case studies, and a benchmarking analysis to compare approaches across jurisdictions. Additionally, expert interviews provide insights into practical considerations and emerging trends in the field. The results indicate that while some jurisdictions, such as the European Union, are actively adapting their IP laws to address AI's impact, most existing frameworks remain inadequate for protecting AI-generated works. Divergent approaches across countries reveal a lack of international harmonization, which complicates cross-border collaboration and legal enforcement. The analysis also highlights the importance of public-private partnerships and sector-specific IP protections, which can address the unique needs of different e-government applications. From a forward-looking perspective, the study underscores the need for flexible, AI-specific IP protections that promote innovation while safeguarding IP rights. International cooperation will be essential for establishing consistent standards, facilitating global e-government initiatives, and supporting the responsible use of AI in public services. By fostering a balanced and adaptive IP framework, policymakers and stakeholders can help build a resilient digital ecosystem that accommodates future advancements in AI technology.

Проблема правовой квалификации преддоговорной ответственности

One of the pressing questions within the institute of pre-contractual liability is its legal qualification. The speci-ficity of this institute allows for a variability of norms regulating this type of civil liability. Despite the fact that the Supreme Court of the Russian Federation has seemingly provided a definitive answer to this question by de-termining that norms of tort law apply to instances of pre-contractual liability arising from the breakdown of ne-gotiations, this approach has encountered criticism from scholars in the field. In the present work, the author endeavors to critique the position of those who reject the tortious qualification of pre-contractual liability within the framework of Russian law. It is demonstrated that the particularities of the institute in question do not pre-clude the construction of this type of liability based on the norms of tort law, without the necessity of employing the framework of regulatory contractual relations that arise between negotiating parties. Through a comprehen-sive analysis, this article seeks to clarify the legal nature of pre-contractual liability, arguing for a more nuanced understanding that aligns with the principles of tort law while addressing the complexities of negotiation pro-cesses in civil transactions. This exploration contributes to the broader discourse on the reform of legal stand-ards governing pre-contractual relationships, ultimately aiming for a more coherent and effective legal frame-work.

Factors Militating against the Efficacy of the Mutual Agreement Procedure: A Comparison between South Africa, Kenya, Uganda and Ghana

The effective resolution of transfer pricing disputes has been identified as one of the primary challenges to eliminate double taxation and/or double non-taxation as well as to enhance the free flow of trade and investment. This article investigates the unique challenges faced by selected African countries, including South Africa, Kenya, Uganda and Ghana, which militate against the use of the mutual agreement procedure (MAP) as a preferred Organisation for Economic Co-operation and Development (OECD) transfer pricing dispute resolution mechanism. The research used a qualitative legal review of existing literature in the selected regimes by comparing the domestic tax law framework in these countries. Transfer pricing manipulation is a significant source of illicit financial flows of capital as identified in the research by Global Financial Integrity on Africa, which drew from Ghana, Kenya and Uganda as case studies. South Africa and Kenya are considered as the gateways to Africa with many multinational enterprises (MNEs) taking residence in them before expanding to the rest of Africa. The article focuses specifically on a number of guidelines that should be in place for the effective use of the MAP in the resolution of tax treaty disputes. It also demonstrates how the absence of guidelines, or the lack of clarity thereof, discourages both taxpayers and revenue authorities from effectively using the MAP to resolve transfer pricing disputes. The absence of guidelines has resulted in many aggrieved taxpayers opting to approach the courts as opposed to using the MAP as a mechanism to resolve tax treaty disputes. Furthermore, it highlights the importance of how resolved transfer pricing disputes eliminates double taxation. The article recommends that the same benefits enjoyed under the domestic dispute resolution process be incorporated into the MAP. It also makes recommendations on how jurisdictions with a low tax treaty network can address this challenge to enable them to effectively use the MAP as a tax treaty dispute resolution.

Унификация отраслевых торгов и их перевод в электронную форму как ключевые элементы совершенствования антимонопольного контроля за организацией и проведением торгов

The article is devoted to the research of the legal nature of tenders from the point of view of civil law and competition law, as well as identifying problems within the existing system of industry tenders, which lead to the formation of uncertain judicial practice. It is substantiated that the institution of tenders, initially formed and developed within the framework of civil law, at the present stage has acquired an interindustry character, in connection with which it is necessary to highlight both the civil and competitive significance of tenders. It is established that at the moment the legislation of the Russian Federation contains a significant list of cases of mandatory tenders, which, however, have a fragmentary industry character and do not ensure a sufficient level of competition. Based on this, arguments are given about the need to unify industry tenders in the form of uniform rules for organizing and holding tenders established by antimonopoly legislation, as well as transferring all tenders to electronic form to increase the number of tender participants, and, as a consequence, increase the level of competition in tenders for the purpose of effective implementation of state and municipal property.

Just Law Theories Developed by Prominent Representatives of Russian Doctrinal Legal Research in the 19th Century

This article theoretically examines some contradictions and major milestones in the development of the doctrines of just laws as laid out by prominent Russian scholars during the 19th century. It analyzes the problems surrounding different theoretical approaches and conceptions regarding the connection between justice and law through the works of M.M. Speransky, N.M. Karamzin, P.I. Pestel, N.M. Muravyov, K.A. Nevolin, B.N. Chicherin, V.S. Solovyov, and S.A. Muromtsev. The results obtained show that the period under study was marked by the elaboration of a conceptual framework and basic criteria of positive law from the perspectives of liberal (natural law) and ethical beliefs, which align with spiritual (Christian) principles. This strengthened the humanistic and moral foundations of Russian legal understanding. Additionally, a continuing and stable connection is revealed between the philosophical and legal doctrines of the 18th and 19th centuries, indicating the common (abstract, not fully comprehended) motivational grounds and logic in the establishment of legal freedoms.

Tracking control and neural network disturbance observer for a 6 DoF underwater welding robot

This article addresses the control of an underwater welding robot in 3D space. A control approach combining a finite time sliding mode controller for position and orientation control and feedback linearization for controlling one degree of freedom of the welding arm is adopted. The utilization of underwater robots in marine environments is often hindered by uncertainties and disturbances induced by ocean waves and currents, resulting in decreased accuracy and operational disruptions. To overcome these challenges, a novel observer based on a radial basis function neural network is developed to enhance the performance of the underwater welding robot. The neural network’s weights are optimized using the Lyapunov method within the control law framework. Through simulations, the article evaluates the observer’s efficacy in accurately tracking reference trajectories in the presence of uncertainties. The results underscore the significant contribution of this estimator in mitigating uncertainties and disturbances, thereby substantially improving the overall performance and operational reliability of underwater welding robots. The control strategies and observer design presented in this study pave the way for enhanced accuracy, stability, and efficiency in complex underwater welding operations.

Legal and Administrative Factors of the Transformation of the Content of Education under the Pressure of the COVID-19 Pandemic

The objective of this study is to examine the administrative and legal aspects impacting the transformation of educational content and form during the COVID-19 pandemic, with the aim of understanding their role in adapting educational systems to crisis conditions. This research is grounded in administrative law and educational theory, exploring how legal frameworks and administrative policies have shaped educational transformations during the pandemic. The IDEF0 method, a functional modeling methodology, provides a structured approach to analyzing these transformations. The methodology adopted for this research utilizes the IDEF0 method to model the administrative and legal influences on education during the pandemic. This approach involves a detailed analysis of existing legal documents, administrative guidelines, and educational policies that have been implemented in response to COVID-19. The analysis resulted in the development of an IDEF0 model that maps the key administrative and legal factors influencing educational transformation. The discussion contextualizes these findings within the broader framework of emergency education response and administrative law, highlighting the dynamic interplay between legal mandates and educational practices. The implications of this research are significant for policymakers and educational administrators as they provide insights into the effective legal and administrative strategies that can support educational continuity in crisis situations. These findings can inform future legislative and policy-making processes to enhance the resilience of educational systems. This study contributes to the literature by employing the IDEF0 method to model the influence of administrative and legal frameworks on education during a global health crisis.

The neglect of protection for undocumented Migrant Workers within the framework of Human Rights Law

The safeguarding of fundamental rights for undocumented migrant workers represents a critical challenge that necessitates immediate attention. This article addresses the oversight within the human rights discourse regarding the fundamental rights of undocumented migrant workers. Through empirical normative research, incorporating a comprehensive review of normative literature, this study critically examines the regulations affecting migrant workers through the lens of human rights. It identifies a significant correlation between the lack of protective guarantees for undocumented migrant workers and the various cases and consequences that ensue. From a human rights perspective, regulations prioritize equality before the law, protection, and anti-discrimination. This stance contrasts with existing laws that govern Indonesian migrant workers, wherein protection is exclusively extended to those legally recognized. Such exclusivity denies undocumented migrant workers the assurance of their fundamental rights. Arguably, the provision of basic rights and protections should be indiscriminately extended to all migrant workers, irrespective of their legal status. While the specifics of migrant worker placement can still be regulated concerning requirements, processes, involved parties, and responsibilities, these regulations must not infringe upon the fundamental human rights of individuals. Consequently, this paper advocates for a thorough evaluation of current legislation with respect to its content, the comprehension of involved stakeholders, and the practical implementation of regulations concerning the management of migrant workers.

Vymezení umělých ostrovů v mezinárodním mořském právu a jeho význam pro spory v Jihočínském moři

This paper explores the concept of islands in international law and its implications for the South China Sea dispute. Islands are important for various reasons, such as territorial sovereignty, maritime rights, and natural resources. However, the legal binding definition of artificial islands has not been enacted by any international document until now. This paper traces the historical development of the concept of islands, from the Hague Conference in 1930 to the United Nations Convention of the Law of the Sea (UNCLOS) in 1982. It also analyses the challenges and opportunities of artificial islands, which are man-made structures that can serve different purposes but can also create various legal and environmental problems. Artificial islands are especially relevant for the South China sea dispute, which involves multiple costal states, while China has significant geopolitical and economic implications. This paper argues that the South China Sea dispute can be resolved through cooperation and dialogue, based on international law framework. Taking into account the provisions of UNCLOS, South China Sea dispute, state practise, and legal scholarship, this article aims to unpack the complexities surrounding artificial island and implications of artificial islands on the international relations.

The Buffering Effect of Higher Education Expansion on the Okun’s Law in China

This paper studies the short-run relationship between the labor market and economic fluctuations using China’s province-level data and further investigates how higher education expansion policy influences this relationship. Following Okun’s law framework, we show that besides total employment, labor force participation also responds to economic fluctuations, resulting in a low sensitivity in the unemployment rate. Based on the interacted variable analysis, we also find that economic growth tends to have larger impacts on labor market indicators during economic downturns than upturns. Lastly, we provide novel evidence that higher education expansion buffers the relationship between the labor market and aggregate demand conditions during economic downturns. This paper sheds some light on achieving more inclusive economic growth in emerging economies through education policy.

Enhancing voltage regulation in high-speed digital circuits: A simulation-based analysis of the modified Ohm's law

Voltage droop is a significant challenge in high-speed digital circuits, impacting the reliability and performance of electronic systems. This paper introduces a novel approach based on a Modified Ohm's Law to address this issue. By incorporating nonlinear resistance effects, the Modified Ohm's Law provides a more accurate representation of circuit behavior, particularly under dynamic conditions. Through a rigorous simulation framework, the behavior of power supply models under varying load conditions is analyzed. The paper systematically examines circuit responses, load variations, and power supply dynamics, integrating both Standard and Modified Ohm's Law to compare their effectiveness in voltage regulation. The simulation results indicate that the Modified Ohm's Law provides a more accurate prediction of voltage behavior, particularly under rapid load changes, leading to significant improvements in voltage stability. The applied parameter sweep analyses reveal that adjusting the time constant of the power supply within the Modified Ohm's Law framework yields superior voltage regulation compared to traditional methods. Additionally, the analysis of frequency and amplitude variations demonstrates the robustness of the Modified Ohm's Law in maintaining voltage stability across different operational scenarios. This approach effectively addresses the nonlinearities in resistance, reducing voltage droop and enhancing the reliability of high-speed digital circuits. The findings demonstrate the potential of the Modified Ohm's Law in practical applications, suggesting further research and real-world experimentation to fully explore its benefits and implementation strategies. This work contributes to the advancement of voltage regulation techniques, offering a robust solution to the persistent problem of voltage droop in modern electronic systems.

Bilateral investment treaties and investors’ social accountability: the law and praxis in South Asia

Purpose International investment law governs matters related to transnational investments. The extensive reach of transnational corporations (TNCs) has granted them substantial economic, political and social influence, often intertwining them with public interest issues and implications in human rights violations. This paper aims to explore the profound influence exerted by TNCs in today’s globalized world and its implications for human rights and social responsibility within the framework of international investment law. Particularly, it acknowledges the vulnerability of economically weak South Asian states and cites past instances such as the Bhopal gas tragedy in India and the Rana Plaza disaster in Bangladesh as egregious violations of human rights. Focusing on South Asian bilateral investment treaties (BITs), this paper aims to examine the scope of investors’ social accountability. Design/methodology/approach This research engages with doctrinal and analytical methods in traversing through primary and secondary sources. It would parse the arbitral tribunals’ jurisprudence for their discussion on the inclusion of social accountability obligations within international investment agreements (IIAs). Further, it engages in a quantitative analysis related to the nature of the social accountability-related obligation of the corporation within South Asian BITs. Findings The findings reveal a glaring absence of the law on investors’ social accountability and the need for enhanced regulatory mechanisms to address the escalating influence of TNCs on human and social rights. The absence of a robust legal framework, coupled with the asymmetric nature of international investment law, granting investors greater rights and leverage compared to states, exacerbates this challenge. The phenomenon of “regulatory chill” inhibits states from effectively enforcing regulatory measures aimed at protecting human rights and the environment. Furthermore, the broad interpretation of clauses such as “fair and equitable treatment” by investment tribunals often undermines states’ ability to implement measures in the public interest. While international organizations such as the UNCTAD and the UNCITRAL Working Group III are actively discussing reforms to IIAs, the existing guidelines addressing investors’ social accountability are woefully lacking in the content as well as the method of their integration with international human rights law. The findings underscore the imperative for South Asian nations, the subject of this research’s empirical analysis, to adopt a comprehensive approach involving both domestic law reforms to promote corporate social accountability and active pursuit of negotiations for the inclusion of binding social obligations for investors within IIAs. Practical Implications This research, drawing upon international law developments, offers suggestions for incorporation of social accountability provisions via relevant domestic law reform. The research could be viewed as a prelude for mapping the legal developments in the area of investors’ social accountability within investment agreements, as well as investment contracts, drawing guidance from international law instruments. Originality/Value To the best of the authors’ knowledge, no other study analysed the scope of investors’ social accountability in South Asian BITs.