National Law Research Articles

Considerations on insurance recourse and the status of the consumer in motor third-party liability insurance – comments on the background of the preliminary inquiry submitted to the Court of Justice of the EU by the rajonen sad in Sofia, Bulgaria, on June 26, 2023 – ZD ‘BUL INS’ AD vs PV (Case C-387/23, BUL INS)

The article is an attempt to provide a doctrinal answer to the first question posed by the national court in the form of a preliminary question to the CJEU in the case ref. C-387/23. At the same time the text contains considerations on the essence of motor insurance, the construction of atypical recourse of the insurer, as well as, to the extent necessary, refers to the qualification of the consumer in civil and insurance law. Attention was also paid to the stature of the uniform law on the insurance contract using the example of PEICL. Reference is also made to the regulations of national law and final conclusions are made.

Embodiment of Economic Democracy Aspects in National Banking Law

This research discusses the embodiment of aspects of economic democracy in Indonesian national banking law. Economic democracy is defined as a system in which the distribution of wealth and economic opportunity is done fairly and equitably. This research evaluates the extent to which the principles of economic democracy, such as fair access to banking services, financial inclusion, and consumer protection, are implemented in national banking regulations and policies. The method used in this research is qualitative analysis with a normative juridical approach, which involves the study of legal documents and related regulations. The results show that although there are some efforts to integrate the principles of economic democracy in national banking law, there are still gaps in its practical implementation. Recommendations are given to strengthen regulations and policies to be more aligned with the objectives of economic democracy, so that economic benefits can be felt by all levels of society.

The Hell-or-High-Water Clause in Aircraft Leasing Contract: UNIDROIT Principles and the Indonesian Civil Code

This research analyses the hell-or-high-water clause in aircraft leasing contracts in the context of the principle of freedom of contract. Focusing on the review of the principle of freedom of contract based on UNIDROIT Principles of International Commercial Contract (UPICC) 2016 and Indonesian Civil Code, this research uses normative juridical method with analytical descriptive approach. The findings show that the hell-or-high-water clause has a high binding force, providing legal certainty, especially for the lessor. However, its application must be in line with the principle of freedom of contract regulated in UPICC 2016 and the Civil Code. The application of this clause is suggested to consider three limitations stipulated by the UPICC 2016: first, the principle of freedom of contract that allows businesses to choose partners and transaction terms; second, the exclusion of certain sectors in the public interest by the state; and third, mandatory rules that limit the content of the contract. Therefore, the hell-or-high-water clause should be applied with due regard to the implementation of the principle of freedom of contract as well as national law or the existence of compelling national regulations.

Introduction to Nuclear Forensics Analysis Techniques

Abstract Nuclear forensics is the interdisciplinary branch of forensic science that deals with the analysis and examination of nuclear or other radioactive materials, or of evidence that is contaminated with radionuclides in the context of legal proceedings under international or national law related to nuclear security. To control and avoid the threat of terrorism posed by illicit trafficking and mismanagement, nuclear and other radioactive materials must be strictly regulated. Thus, the goal of nuclear forensic analysis is to discover what radioactive materials were confiscated, how, when, and where they were manufactured, and what their intended applications were. Nuclear forensic scientist has a wide array of analytical tools to use for detecting signatures in radioactive materials. These individual techniques can be sorted into three broad categories: bulk analysis tools, imaging tools, and microanalysis tools. Particular interest in nuclear forensics is particle morphology, isotopic composition of a material, presence of impurities, and microstructure. These properties can vary between materials of different origins due to varying processing or geological conditions, thus, allowing for discrimination of material history and prediction of provenance. This review article presents many key analytical techniques and discusses the main application and challenges of the most common techniques currently used in nuclear forensics analysis.

The protection of submarine cables in Southeast Asia: The security gap and challenges and opportunities for regional cooperation

This article argues that Southeast Asian states’ efforts to promote resilience on submarine cables should move beyond facilitating cable deployment and repair to encompass cooperation on the protection of submarine cables from intentional damage given recent incidents highlighting the vulnerability of undersea infrastructure. While protection of submarine cables from damage (routine or non-routine) requires a broad range of legal and policy measures taken by states, industry and other relevant stakeholders, this article focuses on intentional damage to submarine cables and the measures highlighted in the 2023 General Assembly Resolution on Oceans and Law of the Sea, namely, cooperative measures by states aimed at the detection, prevention and suppression of threats to submarine cables consisting of (1) monitoring; (2) prevention and response; (3) the enhanced sharing of information; and (4) the adoption of national laws on the prosecution of offenders. The analysis views intentional damage to submarine cables through the lens of maritime security and examines challenges and opportunities for regional cooperation between Southeast Asian states on these four measures. It also explores the role that the Association of Southeast Asian Nations (ASEAN), the primary intergovernmental organization in the region, can play in facilitating cooperation on the protection of submarine cables, and makes recommendations on areas of possible cooperation on the protection of submarine cables.

СУЧАСНІ СТРУКТУРНІ ЗМІНИ В АГРАРНОМУ СЕКТОРІ ТА ЇХ ВПЛИВ НА ПРОДОВОЛЬЧУ БЕЗПЕКУ КРАЇНИ

. In the article, the author examines the evolution of the role of food security, both at the historical stages of development and in the modern world, as well as its place in the system of ensuring economic and national security of the state. The strategic priority of agrarian policy in most countries was ensuring food security, which was understood primarily as self-sufficiency in food. This became especially relevant in the 50s of the XX century as a result of the fact that military actions violated previously imposed trade relations, and violations in this area arose under the influence of the payment crisis. The purpose of the article is an analysis of modern structural changes in the agricultural sector and their impact on the country's food security. The methodological basis of the research in the article is the scientific work of the authors in the field of economics of culture, innovation management, management in the field of culture, as well as social partnership. The research was carried out on the basis of general scientific methods of research - a systematic approach, analysis and synthesis, methods of typological and comparative analysis, empirical methods. The object of the study is the sphere of culture, which needs conditions in which organizational and financial reforms are carried out, as well as the development and application of innovative management methods. The hypothesis of the study. Currently, all developed countries of the world, including the United States, Japan, and the EU countries, have their own national programs, laws and measures to ensure national food security. Presentation of the main material. The primary tasks of the state in the sphere of regulation of agro-industrial production should be the stabilization and development of agro-industrial production, ensuring food security, improving food security of the population, maintaining economic parity between agriculture and other sectors of the economy, converging income levels of workers in agriculture and industry, protecting domestic producers in the sphere of agro-industrial production. From the point of view of welfare economics, "the problem of food safety and quality is one of the specific features of the functioning of the agricultural market, which determine its equilibrium in a Pareto inefficient state. This, in turn, is the economic basis for the need for state policy intervention in the agricultural sector and the possibility of redistributing the financial resources of society for its development. The originality and practical significance of the study. In our opinion, the existing problem of food security should be considered in the context of economic security, since it concentrates the main directions of agricultural policy and economic reforms in the current market conditions. This process reflects the real trends in the development of agricultural production, the state of the market and the position of consumers in it, determines the degree of involvement and dependence on the world food market, applies the mechanism of state strategy taking into account internal and external factors in order to create the main life support system – food security. Conclusions. Taking into account the interests of economic security and socio-political stability in society, it should be noted that the food and agricultural complexes always remain the most important sectors of the economy. The primary task is to create conditions for economic management and entrepreneurial stability in the agro-food sector of the economy and to ensure state support for producers

The Impacts of the Legal Framework Governing Ship Registration in Tanzania

The ship registration system in the United Republic of Tanzania is a vital component of the nation's maritime infrastructure, playing a key role in ensuring compliance with national and international maritime laws. This research provides A Case Study of The Effectiveness of the Ship Registration System: Examining the Legal Framework and Administrative Procedures of The United Republic of Tanzania. The mixed-methods approach combined qualitative and quantitative data collection. The findings were to assess the impacts of the legal framework governing ship registration in Tanzania. The study observed that, the maritime sector of the United Republic of Tanzania (URT) operates under a complex legal framework that is divided between two distinct legal systems, each with its own governing authority. This duality is primarily reflected in the Merchant Shipping Act of 2003 and the Merchant Transport Act of 2006, which cater to the maritime needs of Tanzania Mainland and Zanzibar, respectively. The Merchant Shipping Act of 2003 is designed to be applicable across the entire URT, encompassing both Tanzania Mainland and Zanzibar. This is explicitly stated in Section 3 (1) of the Act, which asserts that the provisions apply to all Tanzanian ships, irrespective of their geographical location.

The role of natural resources rent, trade openness and technological innovations on environmental sustainability – Evidence from resource-rich african nations

Environmental sustainability is fundamental in ensuring the needs of current generation are not met through exhausting the resources available to meet the needs of the future generations. Nature provides key resources required as factors of production in the production of goods and services. Therefore, it is important to maintain and protect the environment, ensuring that these resources do not deplete. This study investigates the role of technological innovations, trade openness, economic growth and natural resource rents in maintaining environmental sustainability. The data of the top ten natural resource-rich African countries are used for the time ranging from 1996 to 2023. The main novelty of the research is that it considers countries with abundance natural resources in ascertaining the influence of natural resources on environmental sustainability; hence, ascertaining the existence of resource curse in developing nations with abundance natural resources. Data is analysed with the Methods of Moments Quantile Regression that present robust results when heterogeneity and cross-sectional dependency are present. We present that technological innovations, trade openness, renewable energy and governance promote environmental sustainability in these resource-rich nations of Africa. Technological innovations fosters environmental sustainability in the long and short term. We also present that economic growth and natural resource rents worsen the quality of the environment, through raising the emission of carbon. Specifically, natural resource rents significantly raises the emission of carbon in the long term. Policies proposed advocates for the advancement in the rule of law of nations and the promotion of technological innovations.

Commercial Law and its Evaluation in International Law

The ease and prevalence of capital movement across international borders has led to its expansion in trade and the economy in recent years, and this may make resolving legal disputes more challenging. As a result of all these changes, national markets are becoming more and more global marketplaces, and commerce is expanding. Legal processes in this process must first be identified, and their characteristics ascertained in order to resolve legal disputes. While research has been done on qualified merchants in commercial law and related fields, no research has been done on qualified merchant requirements on an international scale. This study has, therefore, evaluated the global nature of the qualified trader under commercial law. Semiotic analysis and content analysis techniques were used in the study to evaluate conceptual studies carried out in academic settings. The research findings indicate that while certain national laws exist in the field of commercial law for eligible merchants, significant shortcomings persist in this domain, even within domestic legal frameworks. Confusion in domestic law stems from a number of factors, including the distinction made between the concepts of tradesman and merchant, the definition of "commercial enterprise," and the use of the term "part of" in reference to the requirement of operating a portion of the commercial company. International legal confusion results from inadequate representation of the qualifications of domestic and foreign traders in the legal system, which in turn affects local and national definitions of qualified traders and international activity areas. As a result, both domestically and globally, a more flexible, inclusive, and problem-solving legal strategy is needed.

Tools for Fulfilling Legal Requirements of Biodiversity Specimens: Permit/Contract & Term Typologies

The multitude of legal requirements for working with biodiversity specimens is challenging and time consuming for researchers and biodiversity research institutions, including universities, museums, governmental and private institutions managing natural science collections (e.g., biobanks, preserved and living collections). This challenge significantly increased with the adoption of national laws and processes on access to genetic resources and benefit-sharing developed by provider countries in response to the Convention on Biological Diversity, Nagoya Protocol, and other concerns. Legal requirements often include a complex sequence of requests to different national authorities, response times and fees. However, obtaining the necessary documents is only the first step. Legal documentation must be managed for the full life-cycle of biodiversity specimens. In 2016, the Global Genome Biodiversity Network (GGBN) released a data standard and controlled vocabularies for permits and loans. From 2019 to 2023, GGBN led a SYNTHESYS+ project task group to review and expand them. The main outcomes are two typologies contributing to some of the core elements from the GGBN vocabularies for permits and loans. Other elements of the GGBN metadata are not addressed. The Biodiversity Permit/Contract Typology and the Typology of Legal/Contractual Terms for Biodiversity Specimens (see Schiller et al. 2024b) can serve as internationally standardised classification systems for managing permit and contract documents, and promote an internationally understandable exchange of information on terms within such documents. Their application should enable people from various backgrounds to quickly recognise what documents and legal conditions (i.e., permissions, prohibitions, restrictions, obligations) apply to a given biodiversity specimen. Details were presented at the 2024 SPNHC-TDWG joint conference (Suppl. material 1). The Biodiversity Permit and Contract Typology classifies legal and contractual documents based on their purpose. It consists of seven document categories and 38 document types (Fig. 1). We realised that documents with similar purposes, issued by different countries, may contain different terms (Fig. 2), hence document types alone fail to give sufficient information on what is allowed. Therefore, a second typology (Terms Typology), with a set of 87 catchphrases was created (Schiller et al. 2024a). These short phrases describe the essence of a specific term in a document, indicating what is allowed, required or forbidden. Both typologies are very flexible: users can choose whether they use only document categories, only document types, only catchphrases, or a mixture of them. Harvard University’s Museum of Comparative Zoology (MCZ) was the first institution to implement the typologies in its collection management digital infrastructure, MCZbase (Fig. 3). It is linking legal and contractual documents to collection objects via transactions and categorizing them using the Permit and Contract Typology. This allows rapid assessments of their applicability to accessions and loan shipments. Permissions and Rights records also include text fields to allow the addition of information on use restrictions, negotiated benefits, and any benefits provided. The Terms Typology will pave the way for the automation of collection transactions (i.e., machine-actionability) for swift decisions on a large scale. Rights management modules integrated into collections management systems or GGBN could automatically compute and arrive at decision proposals (Fig. 4). The need for repeatedly going through documents to understand stated policies and their practical consequences in the case at hand will become a situation of the past. Such automatically computed proposals can support collection staff in efficiently evaluating associated rights and drawing conclusions. The proposals will always require the review by collection staff, who carry the responsibility for the final decision and action. Our proof-of-concept exemplar developed for the future DiSSCo Loans module, employing the Open Digital Rights Language ontology, illustrates that the typology allows machine-actionability. Moving forward, one of our aims is to develop an internationally recognised standard within Biodiversity Information Standards (TDWG), based on the typologies and prepare it for ratification.

Building paper bridges: adapting citizenship and immigration regimes to international displacement

Implementation gaps in the areas of naturalization and immigrant regularization emerge through a mismatch between the documents a residence country requires, and the documents that refugees and migrants can realistically provide. Those caught in this gap may live undocumented or risk statelessness. Residence countries can close such paperwork gaps by adapting legal interpretations and easing administrative requirements. When Colombia faced large-scale international displacement from Venezuela, state actors identified documentation-based implementation gaps in its nationality law and regularization procedures; they then took an innovative – yet not faultless – approach by adapting its citizenship and immigration regimes to accommodate displaced Venezuelans. These changes strengthened access to essential rights and increased the well-being of many. In this article, we develop the concepts of paperwork gaps and paper bridges and discuss the actors, impact, and limitations of Colombia’s policy innovations in the areas of nationality by birth, naturalization, and regularization based on research conducted from 2020 to 2023. The study advances the literature on government learning regarding policies within citizenship and immigration regimes that target internationally displaced populations.

Language policy and linguistic landscapes in the internationalization of a non-Anglophone university

PurposeInternationalization strategies that have been issued for a decade affect non-Anglophone higher education institutions (HEIs) in the clash of importance in preserving national language or using international languages. One of the observable objects of this dilemma is the inconsistent language display of universities’ public signages as a linguistic landscape (LL). To address these issues, the presence of language policy is urgent unless the preservation of the national language is no longer the responsibility of HEIs. However, rigorous discussion about language policy in non-Anglophone HEIs remains limited. This study aims to address the gap by providing a critical analysis of the existing language policy documents in an Indonesian higher education institution that has a multilingual environment and its effect on the LL.Design/methodology/approachThis case study used document analysis and LL analysis. The setting was an Islamic university in Indonesia that represents the trial importance of building religious identity, preserving the national language and engaging with international demands. The data were collected from National Law Enforcement websites, which provided various national policy documents and the institutional documents that were retrieved from the university website by using the document analysis method by Bowen (2009). The secondary data were 216 visual images of public signage in an Islamic university in Indonesia as the representation of multilingual phenomena. The additional data were gathered from a pilot interview with a lecturer and a student.FindingsThis study found that both the national government and institutional administration in Indonesia do not have a language policy that regulates LLs or language preferences in public places for HEIs. The university tends to solely refer to international accreditation policy by using either bilingual English-Indonesian or monolingual English in the public signage. However, the limited use of the Arabic language in specific venues such as mosques and musallas shows that Arabic serves neither as symbolic identity nor communicative functions.Research limitations/implicationsThis study sets a single case study in an Islamic university, and the policy documents were limited to the Indonesian Government and institutions as the representation of non-Anglophone countries. Further studies are expected to have a bigger and larger size of data and settings.Practical implicationsThis study implies that non-Anglophone countries’ governments should start to design and enforce a language policy that preserves national language and facilitates major national and international language communities, such as Thai, Arabic, Javanese and Malay, without being absent in international competitive labeling. A practical implication for religion-based and cultural-based universities is that the function of their Holy Book or local languages can be used as communicative functions to strengthen the religious and local identity.Social implicationsThis study implies that non-Anglophone countries’ governments should start to design and enforce a language policy that preserves their national language without being absent in international competitive labeling.Originality/valueGiven the fact that there is limited awareness to bring the discussion about LL patterns into language policy issues in non-Anglophone countries, this study was originally conducted as a case study to pilot the discussion about the absence of language policy as represented through LLs in Indonesia. This case study was brought up as a pilot discussion to urge non-Anglophone countries lawmakers to issue language policy at the university level. This message is meant to respond to internationalization programs that can potentially jeopardize the existence of the linguistic and cultural diversity of non-Anglophone countries.

Translations of climate change consequences at the local level: Climate change adaptation in Bergen and Stavanger municipalities in Norway

AbstractThis paper uncovers a local‐level approach to the likely adverse effects of climate change through climate change policies, measures and practices concerning climate change adaptation. The study is sustained by the literature that addresses climate change through a securitization lens, which has identified security discourses on climate change in terms of threat or risk. To understand the origin of local discourse, we have adopted the concepts of translations and translation zones from security studies, allowing us to define encounters between different conceptual expressions of ways to handle threats and risks. In this paper, ‘translations’ mean negotiations of meanings between security, threat and risk, and ‘translation zones’ indicate where these negotiations take place. Discourses are studied in the two Norwegian municipalities of Bergen and Stavanger. Both experience similar consequences of climate change and are bound to follow national laws and regulations for developing adaptive responses. Despite these similarities, translations and translation zones unveil differences in the organisation of adaptation work. Risk discourses thus allow several possible translation pathways, and adaptation remains a distinctly local phenomenon despite commonalities in risk discourse and translation processes.

The Law of Nations in the Diplomacy of the American Revolution

Abstract Historians have long known that leaders of the American Revolution looked to the law of nations for insight into the rights and obligations of independent states. In so doing, Americans relied largely on the writings of European legal theorists, such as Hugo Grotius and Emerich de Vattel, whose treatises on the law of nations are regarded today as having laid the foundations of international law. As this article demonstrates, however, early modern statesmen did not base their conduct on such treatises, but on a customary law of nations that they derived from precedent and the text of earlier treaties. This article elucidates the distinction between the customary and theoretical branches of the law of nations. It then goes on to examine the law of nations’ impact on revolutionary-era diplomacy, drawing particular attention to a series of wartime negotiations over rights to the Mississippi River. As the article shows, most American emissaries lacked experience with the customary laws of diplomacy and struggled to use that law effectively in their negotiations. The most serious consequences were averted due in part to French legal advice, and because one American, John Jay, acquired enough competence in customary law to guide his colleagues toward an effective negotiation of peace.

The Expropriation of Sanctioned Assets: Does Ukrainian Jurisprudence Respond to Human Rights Concerns?

Abstract This policy and practice note raises human rights concerns about the Law of Ukraine ‘On Sanctions’ imposed during time of war. Despite its legitimate aim to stop the war aggression, the expropriation of sanctioned assets into state income, newly introduced in 2022, significantly risks human rights violations. The current jurisprudence in Ukraine on the expropriation of assets of sanctioned individuals and entities into state income raises the following four key human rights concerns: (1) duplication of the offence and punishment from national criminal law; (2) retroactive effect of the introduced sanction; (3) inadequate procedural safeguards for sanctioned persons; and (4) unlimited scope of persons and their assets that can be expropriated. This note argues that these significant drawbacks cannot be legitimized even in time of war.

Sportsman’s employment contract: problematic issues and prospects for their solution

Individual contractual regulation, which reflects the real needs of the development of relations between an employee-athlete and an employer-sports organization, plays an important role in regulating the labor activities of athletes. Thus, the employment contract concluded with an athlete contains a number of conditions that objectively and significantly individualize his work, i.e. conditions inherent only to this category of employees. Moreover, it enshrines differential conditions for each specifically defined employee­athlete. The purpose of the article is to consider the specifics of the labor contract concluded between an employee-athlete and an employer­sports organization. It was concluded that the labor relations of a professional athlete should be regulated precisely by the norms of labor law and a special law on professional sports, which regulates the entire complex of relations between the state and participants in professional sports, although today there are opinions that the work of professional athletes should be provided with the help of civil - legal regulation. It is noted that, as of today, the main national law in the field of sports - the Law «On physical culture and sports» dated 12.24.1993 concerns only the general foundations of activities in the field of physical culture and sports, at the same time, it does not even contain an acceptable definition of such a concept as «labor contract with a professional athlete». Therefore, it is proposed to supplement the specified Law with a norm to provide for the definition of an employment contract with a professional athlete. In particular, as an employment agreement between an employee­athlete and an employer-sports organization with all appendices, changes and additions, concluded in accordance with the legislation of Ukraine, on the basis of which labor relations arise regarding the preparation and participation of the athlete in competitions for a monetary reward paid by the club. At the same time, in addition to defining and enshrining at the legislative level the concept of an athlete’s employment contract, the proposal to develop a standard form of contract with athletes of various sports was supported, the development of which should be based on the main directions of the joint sports activities of the athlete and the sports organization, which directly consists in the preparation athlete to a successful performance at competitions.

The system of international legal norms and principles – the basis of legal regulation of the activities of national law enforcement bodies

It is indicated that the introduction of advanced international and European norms regarding the functioning of law enforcement agencies into Ukrainian legislation is a key indicator that the country not only declares a sustainable course for the democratization of all aspects of public life, but also takes concrete measures for its implementation. Ukraine has made significant progress in this direction, but there are still a number of challenges, the legal analysis of which will contribute to the further approximation of the domestic system of law enforcement agencies to global and European standards. In this context, one of the priority areas of scientific research is the justification of the need to update and improve the ethical codes of conduct of law enforcement officers based on international standards. This task becomes particularly relevant in view of the need for constant improvement of professional ethics and standards of behavior in the law enforcement sphere. This approach will not only improve the efficiency of law enforcement agencies, but also strengthen public trust in them, which is crucial for building the rule of law and civil society. In addition, it will allow Ukraine to demonstrate its commitment to the principles of the rule of law and the protection of human rights in the international arena. The article examines the system of international legal norms and principles that form the basis of legal regulation of the activities of national law enforcement agencies. Two groups of international standards are distinguished. The first group includes international legal acts that declare human rights and freedoms, primarily those that may be violated by the unethical behavior of law enforcement officers as representatives of state bodies. The second group represents international legal standards of professional and ethical behavior of employees of a specific law enforcement agency, the norms of which directly indicate the proper behavior of law enforcement officers in a specific area of law enforcement activity (judicial, prosecutorial, police, investigative, etc.). The main emphasis is on the need to cover the rules of professional ethical behavior of employees of all law enforcement agencies without exception, including those legally endowed with special rights and competence.

Launching a European Employee Stock Ownership Plan (European ESOP)

PurposeWith a third of business successions failing, the EU is still confronted with a haemorrhage of around 150,000 enterprises and 600,000 jobs every year. Although 30 years of research have confirmed the positive effects of employee share ownership (ESO) for European enterprises and its important function for business succession, best practice, such as the US ESOP, is thinly spread across the EU. Nevertheless, Member States (MS) have developed a broad variety of ESO schemes involving intermediary entities to acquire and administer employee shares in the employer firm in particular for the transfer of businesses to employees. However, for small and medium enterprise (SME) owners the main barrier is still a lack of clearcut and transparent options to sell their enterprise to their employees and corresponding incentives to do so. In this light, this paper proposes a European approach, that is, a European Employee Stock Ownership Plan (European ESOP).Design/methodology/approachA “Common European ESOP Regime”, as a first step towards a “Common European Regime on EFP” would complement existing national laws aiming primarily at their harmonisation. As the name suggests, this would be a second contract law regime parallel to national legislation on ESO. Its objective is to eliminate obstacles to the single market that mainly, though not exclusively, stem from heterogeneous regulatory density. The existing obstacles are due to the multifarious development of national laws governing employee financial participation (EFP) in the MS. The “Common European ESOP Regime” would offer employers and employees a choice between two alternative EFP regimes one originating in national legislation, the other in European legislation. The choice between these two alternatives would be entirely optional, as in the case of the European Company Statute.FindingsThe European ESOP is modelled on the US ESOP and EU best practices. It embraces six European types of legal vehicles, i.e. the employee ownership trust (EOT), the French employee ownership mutual fund (FCPE), the Austrian civil law foundation, the Spanish Sociedad Laboral, the cooperative and the closely held limited liability company.Originality/valueThe “Common European ESOP regime” would neither replace nor override national legislation but would serve as a cross-border alternative to national laws, to be used at the discretion of the parties involved. Regarding its contents, it would contain best practice rules derived from each of the ESOP vehicles discussed to reflect the entire life cycle of SMEs (starting up, consolidation and succession).

أحكام المسؤولية الدولية وفقاً لقواعد القانون الدولي

The establishment of liability is considered a natural punishment in any legal system, whether through national legal systems, in particular the international community, and responsibility in this case arises, regardless of the person who violates the provisions of national or international law, as a result of the error or unlawful act committed by the offending person, and the cause of damage to another person, which leads to the establishment of responsibility in favour of the latter against the person who committed an unlawful act, or refrained from doing a legitimate act, and the cause of this act or omission is harmful to another person. Based on the foregoing, international responsibility in the face of States and other persons of public international law addressed under international legal rules as a normal procedure resulting from the establishment of international responsibility as a result of violating the sources establishing international legal rules, namely either international treaties, international custom or even general principles of law, where the State that violated the provisions and rules of international law is obliged to compensate the State affected by the wrong or wrongful act, or by restoring the situation to their correct as much as possible, and the establishment of international responsibility in this case is considered an actual translation of the provisions and rules of international law through its practical application on the ground Reality. As a result of international law's keenness to protect the international community and its rights from illegal practices, international responsibility must be established towards any person of public international law who has infringed on the rights of other persons, which has added some effectiveness to the rules of international law, unlike in the past when resorting to the settlement of disputes by peaceful means was almost impossible.

Retrospective Analysis of the Anti Spitting Laws in Various Geographical Locations and Implementing Sectors in India

Objective: Public spitting attributable to Smokeless Tobacco (SLT) use not only causes a threat to public cleanliness but also to the people exposed around them. An electronic search on various anti-spitting laws and ban in India was done using Google search engine for duration of three months (November 2018 to January 2019). Material and Methods: The original state gazettes were reviewed to extract the data on spit ban and penalty. Renewals of Acts were also thoroughly checked for recent updates of penalty or severity of the act. The law implementing bodies were broadly classified as National, State, Municipal, Village councils (Gram Panchayat), Airports, Metro Railway, and Company Law Tribunal. Results: A total of 42 Anti-spitting laws were identified in this search and 16 states had anti spitting law under different sectors. Discussion: Under these laws, sign boards and warnings are placed commonly at Airports, Railway stations, and metro stations. States with high rates of SLT users like Tripura, Arunachal Pradesh and Mizoram did not have any policy on spitting. Conclusion: Strong enforcement of anti-spitting laws in India will not only reduce spread of communicable diseases but also indirectly will reduce the act of using SLT also.