Law Journal Research Articles

Mediation proceedings following the amendments made by the Act of 2 December 2021 amending the Act Civil Code, Act Code of Civil Procedure and certain other acts in the context of the provisions of Art. 8(1) of Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial

The article describes mediation in civil proceedings. It also presents legislative solutions introduced by the Act of 2 December 2021 amending the Act Civil Code, Act Code of Civil Procedure and some other acts (Journal of Laws, item 2459), aimed at re-regulating the effects of initiating mediation proceedings for the limitation period. In summary, it contains an assessment of the changes introduced, also in the context of the provisions of the EU directives on mediation and other forms of out-of-court dispute resolution, in particular with the participation of consumers, regarding the issue of the course of the limitation period.

Municipal Lex Contractus – Effectiveness of the Terms and Conditions for the Sale of Real Estate from the Municipal Real Estate Stock in Shaping the Real Estate Development Process

The municipality, acting in the sphere of dominium, independently decides on the use and manner of use of individual assets. However, the trade in real estate constituting the subject of ownership of this local self-government unit requires compliance with a number of legal regulations, the most significant of which is the Act of August 21, 1997 on Real Estate Management (consolidated text Journal of Laws of 2021 item 1899, as amended). However, none of the provisions of the law refers explicitly to the freedom and limits of shaping by the municipality of the terms and conditions for the disposal of real estate, which in the case of a non-tender route are determined in negotiations conducted with the buyer, while in the case of a tender they are announced in the contract notice. The content established in this manner is then included in the protocol, which forms the basis for the conclusion of the contract, and thus directly affects the shape of the contractual legal relationship. The purpose of the publication will therefore firstly be to set out the legal framework for the municipality’s determination towards the future buyer of the real estate of the specific manner, in which the investment is to be carried out, as well as to answer the question as to the real possibility of the former owner (municipality) co-shaping the investment proces on the sold real estate after the buyer has signed the contract. The importance of the issue under consideration is expressed in the decision as to whether the creation by the municipality of its own lex contractus by means of the terms and conditions for the disposal of the real estate relating to specific deadlines for the commencement and completion of the investment process, the manner of use and development of the real estate, as well as the liability of the new owner towards the previous owner for their violation, is legally effective and can actually be enforced by the municipality.

Odmowa wszczęcia egzekucji po nowelizacji k.p.c. z 9 marca 2023 r. – zagadnienia wybrane

This article is an analysis of the institution of refusal to initiate judicial enforcement as provided for by the Act of July 4, 2019 amending the Act – Code of Civil Procedure and certain other acts (Journal of Laws, item 1469, as amended) against the background of discontinuation of enforcement proceedings, which is a typical way of terminating these proceedings without achieving their purpose. The conducted research leads the author to a critical assessment of the introduced solutions from the point of view of their technical-legislative correctness, intra-system consistency, as well as protection of the rights of the creditor pursuing vis-avis the debtor coercive satisfaction of the debt covered by the enforcement title.

Pregnant Prisoners in Shackles

Pregnant Prisoners in Shackles

Reconsidering commonsense consent

ABSTRACT In the 2020 Yale Law Journal article, “Commonsense Consent,” Roseanna Sommers argues that deception is compatible with the layperson’s intuitive sense of consent. That is, unlike the canonical understanding of consent defended by legal scholars and philosophers, the notion of consent defended by the folk is not invalidated by deception. In this study, I find that while respondents do appear to attribute consent to victims of deception, they do so in a limited number of contexts – i.e., they attribute de re consent to victims of de dicto deception and attribute de dicto consent to victims of de re deception. When the two varieties of consent and deception are properly disambiguated and matched type for type however, we see the reverse phenomenon – i.e., participants refrain from attributing de dicto consent to de dicto deception and refrain from attributing de re consent to de re deception. If this is right, rather than saying, as Sommers does, that deception generally fails to invalidate commonsense consent, we should refine our understanding of commonsense consent to include two varieties of consent, each of which is in fact invalidated by its own variety of deception.

“Tis Early Practice only Makes the Master”: Nature and Nurture in Economic Thinking During School Time – A Research Note on Economics Education

AbstractIn this article, we contribute to the longstanding debate among economists regarding the question of “nature or nurture” with respect to economics students’ attitudes toward various allocation mechanisms for a scarce resource. While previous research starts the debate by beginning with first-year economics students, we aim to evaluate pre-first-year individuals, i.e., school pupils. Drawing on the seminal works of Haucap, J., & Just, T. (2010). Not guilty? Another look at the nature and nurture of economics students.European Journal of Law and Economics,29(2), 239–254 and Frey, B. S., Pommerehne, W. W., & Gygi, B. (1993). Economics indoctrination or selection? Some empirical results.The Journal of Economic Education,24(3), 271–281, we investigate a sample of 697 pupils ranging from the 5th to the 13th grades to determine whether pupils are “born economists” (nature), develop economic thinking (nurture), or both. We find that young individuals start to think differently in early grades and that their thinking and attitudes are shaped differently throughout their school careers, thereby providing support for the effects of both nature and nurture. Our findings show that school time impacts fairness judgments, particularly regarding price mechanisms. Regarding learning or indoctrination, we find that economics-inclined pupils are positively affected by lessons in economics in school, while pupils who are economics-averse draw completely diametric conclusions from economics lessons, thereby exhibiting increased disapproval of price allocation over the course of these classes and increased approval of the first come, first served and governmental action mechanisms. Moreover, we find strong effects of gender and migration background in this context. This study is the first to elucidate the development of economic thinking in 5th–13th grade pupils. Our results are important for economists, educators, and researchers because they can serve as a starting point for subsequent investigations in this under-researched field.

International Investment Protection and Constitutional Law

Journal Article International Investment Protection and Constitutional Law Get access Stephan W Schill and Christian J Tams, International Investment Protection and Constitutional Law ( Edward Elgar 2022), ISBN 978 839100420 (hardcover), £125.00. Gloria M Alvarez Gloria M Alvarez Search for other works by this author on: Oxford Academic Google Scholar ICSID Review - Foreign Investment Law Journal, siad019, https://doi.org/10.1093/icsidreview/siad019 Published: 22 June 2023 Article history Received: 10 May 2023 Editorial decision: 18 May 2023 Accepted: 20 May 2023 Corrected and typeset: 22 June 2023 Published: 22 June 2023

Emmanuel H.D. De Groof and Micha Wiebusch, eds. International Law and Transitional Governance: Critical Perspectives.

Journal Article Leena Grover, Review of Emmanuel H.D. De Groof and Micha Wiebusch, International Law and Transitional Governance: Critical Perspectives Get access Emmanuel H.D. De Groof and Micha Wiebusch, eds. International Law and Transitional Governance: Critical Perspectives. Routledge, 2020. Pp. 186. £96.00. ISBN: 9780367178109. Leena Grover Leena Grover Tilburg University, Tilburg, The Netherlands Email:L.K.Grover@tilburguniversity.edu Search for other works by this author on: Oxford Academic Google Scholar International Journal of Constitutional Law, moad059, https://doi.org/10.1093/icon/moad059 Published: 20 June 2023

The Principle of Intergenerational Justice in Environmental Management and Its Relation to the Concept of Sustainable Development

The principle of intergenerational justice and its relationship to the concept of sustainable development in environmental management is an endlessly discussed issue. Considering that the environment is one of the most crucial elements for the survival on Earth, this study constructs the principle of intergenerational justice as an effort towards sustainable development in environmental management, as stipulated in Law Number 32 of 2009 concerning Environmental Protection and Management. This study falls under the category of literature research, examining literature data from law books, journals, legislation, and other relevant references. The research findings indicate that the management and utilization of natural resources between generations should be carried out fairly, meaning that the present generation has an obligation to pass on the environment in a good condition to future generations. Therefore, environmental management and utilization must be based on moral and sustainability principles. The concept of sustainable development embodies the principles of intergenerational justice. In the practice of law enforcement, the principle of intergenerational justice has been implemented by the Philippine government, as exemplified by the Minor Oposa case in 1993, which involved deforestation. In Indonesia itself, the normative principles of intergenerational justice have been accommodated in various principles, as stated in Article 2 of Law Number 32 of 2009 concerning Environmental Protection and Management.

Examining sharing economy operations: A process perspective

<scp>Examining sharing economy operations</scp>: A <scp>process perspective</scp>

The Relevance of Human Security Approach in Assessing The Causes and Solutions to Food Insecurity in South Sudan (Case Study: South Sudan 2017 Famine)

The Relevance of Human Security Approach in Assessing The Causes and Solutions to Food Insecurity in South Sudan (Case Study: South Sudan 2017 Famine)

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

Book review symposium: Introduction

Journal Article Book review symposium: Introduction Get access Chien-Chih Lin Chien-Chih Lin I•CON Book Review Editor wrath0421@gmail.com https://orcid.org/0000-0003-2427-7445 Search for other works by this author on: Oxford Academic Google Scholar International Journal of Constitutional Law, Volume 21, Issue 2, April 2023, Page 690, https://doi.org/10.1093/icon/moad037 Published: 14 June 2023

National Security Secrecy: Comparative Effects on Democracy and the Rule of Law

Journal Article National Security Secrecy: Comparative Effects on Democracy and the Rule of Law Get access Sudha Setty, National Security Secrecy: Comparative Effects on Democracy and the Rule of Law ( Cambridge University Press, 2017) Melanie Reid Melanie Reid Professor of Law, Lincoln Memorial University Duncan School of Law, Knoxville, TN, USA Melanie.Reid@lmunet.edu Search for other works by this author on: Oxford Academic Google Scholar The American Journal of Comparative Law, avad016, https://doi.org/10.1093/ajcl/avad016 Published: 14 June 2023

‘Maduro Board’ of the Central Bank of Venezuela v ‘Guaidó Board’ of the Central Bank of Venezuela

Journal Article ‘Maduro Board’ of the Central Bank of Venezuela v ‘Guaidó Board’ of the Central Bank of Venezuela Get access Laura Rees-Evans, Laura Rees-Evans https://orcid.org/0000-0001-9167-004X Search for other works by this author on: Oxford Academic Google Scholar Rhys Carvosso Rhys Carvosso https://orcid.org/0000-0003-3834-5824 Search for other works by this author on: Oxford Academic Google Scholar ICSID Review - Foreign Investment Law Journal, siad004, https://doi.org/10.1093/icsidreview/siad004 Published: 13 June 2023 Article history Received: 15 August 2022 Revision received: 01 February 2023 Editorial decision: 13 February 2023 Accepted: 17 February 2023 Corrected and typeset: 13 June 2023 Published: 13 June 2023

Remarks on Manifesting Justice: Wrongly Convicted Women Reclaim Their Rights

The following are remarks from a panel discussion co-hosted by the Columbia Journal of Gender and Law and the Center for Gender and Sexuality Law on the book Manifesting Justice: Wrongly Convicted Women Reclaim Their Rights.

EU Cartel Policy and Enforcement: Challenges and Responses

Journal Article EU Cartel Policy and Enforcement: Challenges and Responses Get access Maria Jaspers, Maria Jaspers Search for other works by this author on: Oxford Academic Google Scholar Oliver Jany Oliver Jany Search for other works by this author on: Oxford Academic Google Scholar Journal of European Competition Law & Practice, lpad021, https://doi.org/10.1093/jeclap/lpad021 Published: 06 June 2023 Article history Received: 02 May 2023 Revision requested: 05 May 2023 Published: 06 June 2023

Correction to: Religious Gerrymandering: A New Avenue for Redistricting Challenges? by Rosen Election Law Journal: Rules, Politics, and Policy 2023;22(1):45-66; doi: 10.1089/elj.2022.0021

Election Law Journal: Rules, Politics, and PolicyVol. 22, No. 2 CorrectionOpen AccessCorrection to: Religious Gerrymandering: A New Avenue for Redistricting Challenges? by Rosen Election Law Journal: Rules, Politics, and Policy 2023;22(1):45-66; doi: 10.1089/elj.2022.0021is erratum ofReligious Gerrymandering: A New Avenue for Redistricting Challenges?Published Online:16 Jun 2023https://doi.org/10.1089/elj.2022.0021.correxAboutSectionsPDF/EPUB Permissions & CitationsPermissionsDownload CitationsTrack CitationsAdd to favorites Back To Publication ShareShare onFacebookTwitterLinked InRedditEmail In the March 2023 issue of Election Law Journal: Rules, Politics, and Policy (vol. 22, no. 1; pp. 45–66), the article entitled “Religious Gerrymandering: A New Avenue for Redistricting Challenges?” by Rosen requires correction.This article was originally published under the copyright of Mary Ann Liebert, Inc. publishers. It has now been updated to reflect Open Access, with copyright transferring to the author(s), and a Creative Commons License (CC-BY) added (http://creativecommons.org/licenses/by/4.0). The CC-BY license goes into effect April 28, 2023.The online version of this article has been corrected to reflect this.FiguresReferencesRelatedDetailsRelated articlesReligious Gerrymandering: A New Avenue for Redistricting Challenges?17 Mar 2023Election Law Journal: Rules, Politics, and Policy Volume 22Issue 2Jun 2023 InformationCopyright 2023, Mary Ann Liebert, Inc., publishersTo cite this article:Correction to: Religious Gerrymandering: A New Avenue for Redistricting Challenges? by Rosen Election Law Journal: Rules, Politics, and Policy 2023;22(1):45-66; doi: 10.1089/elj.2022.0021.Election Law Journal: Rules, Politics, and Policy.Jun 2023.212-212.http://doi.org/10.1089/elj.2022.0021.correxcreative commons licensePublished in Volume: 22 Issue 2: June 16, 2023PDF download

كلمة العدد (الإنجليزي)

Undoubtedly, the International Journal of Law's achievements affected the development of legal knowledge among all those interested in law. Accordingly, the journal aims to select authentic legal research characterized by strong structure, in-depth ideas, and smooth expression of thought to reach a wide audience. This new issue of the International Journal of Law includes a number of articles written by researchers who rely on the Journal as an open scientific platform through which they can reach the greatest number of readers. The issue includes the following research papers: 1. “The Employee’s Post-employment Non-compete Covenant: Analytical and Comparative Study from the Perspective of Qatari Law” by Dr. Nader Mohamed Ibrahim. 2. “Justice in a Time of Health Crisis: A Comparative Study” by Dr. Abderraouf Elloumi. 3. “The Legal Provisions of the Garnishee in an Attachment for a Debtor to a Third Party: A Comparative Analytical Study between French, Kuwaiti and Qatari Law” by Dr. Yousef Alyaqout. 4. “Financial Restructuring of Distressed Businesses Under the New Kuwaiti Bankruptcy Law No. 71 of 2020: A Comparative and Critical Study” by Dr. Fahad Neamah Alshammari and Dr. Abdulwahab Abdullatif Sadeq. 5. “The Role of Governance and Anti-corruption Structures in Public Shareholding Companies Privately Owned in accordance with Qatari Law” by Dr. Jamel Baccar. 6. “Procedural Effects of Mediation in Qatari Law: A Comparative Analytical Study in the Qatari Mediation Law No. 20 of 2021” by Dr. Mohammed Ammar Torkmanie Ghazal and Dr. Imad Qaminassi. 7. “Crimes of Electronic Defamation, Libel, and Slander under Jordanian Cybercrimes Law” by Dr. Muath Al-Zoubi (in English). 8. “Technical and Legal Framework of Initial Coin Offerings” by Dr. Haïssam Fadlallah (in English). 9. “ Le cadre juridique de la société par actions simplifiée dans la législation marocaine ” by Dr. Rachid Attahir (in French). The Editorial Committee thanks all contributors to this issue, hoping that the readers find it as the best source of legal knowledge, and that researchers are further incentivized to write legal research.

The Umbrella Clause Revisited

Journal Article The Umbrella Clause Revisited Get access Zachary Douglas, KC Zachary Douglas, KC Search for other works by this author on: Oxford Academic Google Scholar ICSID Review - Foreign Investment Law Journal, siad013, https://doi.org/10.1093/icsidreview/siad013 Published: 30 May 2023 Article history Received: 26 January 2023 Editorial decision: 07 April 2023 Accepted: 14 April 2023 Corrected and typeset: 30 May 2023 Published: 30 May 2023