Law Rights Research Articles

Arbitrators’ Fees: Securing Payment Through a Navigation Between Statutory Provisions and the Common Law in Nigeria

The arbitrator has a right of lien on the award at common law. The English Arbitration Act 1996 incorporates this right. Nigeria’s Arbitration and Conciliation Act 1988 (ACA) was, however, modelled after the UNCITRAL Model Arbitration Law. Thus, unlike its English counterpart it had no provision for an arbitrator’s exercise of lien on the award. A lien is, however, an effective and practical means of securing the arbitrator’s fees, especially as parties may be disincentivised from following through with the arbitration process on account of being required to provide advance funding adequate to settle the arbitrator’s entire fees. This article critically examines the ACA, considering the school of thought that its section 26(4) implicitly repealed the arbitrator’s common law right of lien on the award, alongside section 54 of Nigeria’s Arbitration and Mediation Act (AMA) 2023 now expressly providing for the arbitrator’s right to lien on the award. Based on a comparative analysis of statutory provisions and the common law, a core argument is that the arbitrator’s common law right to lien on the award as security for fees remains valid.

Administrative Law as a Source of Rights

This article challenges the pervasive assumption that judicial review of administrative action is not concerned with rights. Making a break from this orthodoxy, it proposes a theory of judicial review that suggests that its purpose is to protect distinctive administrative law rights held by those subject to public administrative power. This rights‐based theory makes sense of the structure of applications for judicial review in which, paradigmatically, an individual subject to an administrative decision makes a claim against the state that the public official responsible for that decision failed to meet the relevant administrative law standards, and accordingly demands a remedy. The bulk of the article is dedicated to addressing the major objections to a rights‐based theory, including those arising from public interest standing and the nature of judicial review remedies. The analysis shows that each of these objections fails, clearing the ground for a fuller development of a rights‐based theory of judicial review in future work.

Examining legal challenges in involuntary hospitalisation proceedings: insights from judicial analysis in China

Since the implementation of China’s Mental Health Law, there has been a notable increase in involuntary hospitalisation cases involving individuals with mental health conditions across many provinces, leading to significant social controversy. Moreover, in the process of involuntary hospitalisation litigation, patients with mental health conditions have experienced difficulty initiating legal proceedings, presenting their cases effectively, and prevailing in court, to name a few of the many challenges they face. These obstacles, by impeding them in safeguarding their lawful rights and interests against this legal measure, substantially restrict their personal freedom. To establish a more accessible judicial relief mechanism, a number of steps need to be taken: enhancing the relevant provisions governing the acceptance of involuntary hospitalisation cases, ensuring a balanced distribution of the burden of proof between both parties, and strengthening judicial scrutiny of the legality of involuntary hospitalisation.

Fulfilling data access obligations: How could (and should) platforms facilitate data donation studies?

Research into digital platforms has become increasingly difficult. One way to overcome these difficulties is to build on data access rights in EU data protection law, which requires platforms to offer users a copy of their data. In data donation studies, researchers ask study participants to exercise this right and donate their data to science. However, there is increasing evidence that platforms do not comply with designated laws. We first discuss the obligations of data access from a legal perspective (with accessible, transparent, and complete data as key requirements). Next, we compile experiences from social scientists engaging in data donation projects as well as a study on data request/access. We identify 14 key challenges, most of which are a consequence of non-compliance by platforms. They include platforms’ insufficient adherence to (a) providing data in a concise and easily accessible form (e.g. the lack of information on when and how subjects can access their data); (b) being transparent about the content of their data (e.g. the lack of information on measures); and (c) providing complete data (e.g. the lack of all available information platforms process related to platform users). Finally, we formulate four central recommendations for improving the right to access.

Prisoner's Rights in Somalia Law and International Law: Comparative Analysis

The article, titled "Comparative Analysis of Prisoners' Rights in Somali Law and International Law," seeks to investigate the compatibility of Somalia's domestic legislation with prevailing global standards, treaties, and principles relating to the rights of prisoners. The research methodology utilized in this study is qualitative, with a specific focus on document analysis, the researcher considers this method is regarded more reliable than alternative methods due to its precise interpretation of legal content. Existing literature on Somalia's prison facilities reveals substandard living conditions that do not meet international benchmarks, encompassing issues such as inadequate food and water quality, poor sanitation, legal system uncertainties, and insufficient mechanisms for monitoring prison conditions; therefore, this study will address the gap in comparing prisoner rights at the national and international levels where such a comparison is currently lacking. Since the establishment of the United Nations in 1945, numerous conventions aimed at protecting human rights, including those of prisoners, have been established at the international level. These include the Universal Declaration of Human Rights in 1948, the International Covenant on Civil and Political Rights in 1966, the Convention against Torture in 1987, the Kampala Declaration in 1996, and the Nelson Mandela Rules in 2015. These conventions emphasize that prisoners possess inherent human dignity, deserve better living conditions, and have the right to education and employment. International mechanisms are in place to safeguard prisoners' rights, a commitment mirrored in Somalia's national laws. However, unlike international law, Somalia's national legislation does not strongly emphasize the prohibition of torture and the use of solitary confinement as a last resort for disciplinary measures.

Protecting Intellectual Property Rights in Civil Legislation: A Comparative Study Between French Civil Law and Iraqi Civil Law

This study deals with the protection of intellectual property rights in French and Iraqi civil law. This is because the literary and life creativity in Iraq is declining, it is difficult to invest money in new things, and the number of people who comply with the artificial laws made since 2003 is increasing, and secondly, another reason, people's ignorance of the existing laws in Iraq. Iraq, so it is necessary. In each legislation, legal mechanisms are used to promote media and life publishing and help people make money in the process of inventing literary and life works, which can be achieved by granting them a series of intellectual property rights that represent different privileges. From the fundamental rights of people, which are psychologically and morally valid at one or more points in time. This leads us to delve deeper into these rights, which have been incorporated into civil subjects since the creation of some of them through exchanges between authors and publishers or those who own innovative objects. This returns to the ownership model of the target company. In this way, we will mainly discuss the issue of intellectual property rights and carefully discuss the specific rights divided between the French Civil Code and the Civil Code, and then turn our attention to the two themes of law and incentives. The Civil Code collapses. This consists of comparing the independence of intellectual property rights, mainly regulated by French and Iraqi civil laws, and secondly with some provisions of the model.

An Evolutionary Game-Based Regulatory Path for Algorithmic Price Discrimination in E-Commerce Platforms

With the advent of big data, the swift advancement of diverse algorithmic technologies has enhanced the transaction efficiency of the e-commerce business. Nevertheless, it is crucial to acknowledge that e-commerce platforms might employ algorithmic technology to enforce differential pricing for various consumers with the aim of maximizing profits, thus infringing upon the lawful rights and interests of consumers. This paper focuses on the algorithmic price discrimination commonly observed on e-commerce platforms. To effectively regulate this behavior, the paper utilizes evolutionary game theory (EGT) to analyze the strategies employed by e-commerce platforms, consumers, and market regulators to achieve stability. This research employs a real-life situation and utilizes parametric simulation to visualize and analyze the process and outcomes of the three-party evolutionary game. The results demonstrate the credibility and feasibility of the article’s findings. Based on our research, we have reached the following findings: During the process of evolution, the strategic decisions made by the game participants from the three parties will mutually impact each other, and various elements exert varying degrees of influence on the strategic choices made by the game participants from each party. Collaborative governance can enable consumers and market regulators to regulate the discriminatory pricing behavior of e-commerce platforms effectively. This article offers valuable insights into the governance of violations in the e-commerce sector based on robust data and model research.

Distribution of Stepchildren's Rights in Inheriting According to Islam

The distribution of stepchildren's rights in inheritance according to Islamic law is an important thing that we must know and need to understand. The technique for preparing this article uses research from previous research results after collecting several journals and information that has been searched through social media. Stepchildren in Islamic inheritance law are not directly classified as heirs because there is no hereditary cause (asbabul miirats). (deliberation). As a result, according to the general view, stepchildren do not automatically have the right to inherit their stepparent's inheritance. However, by using other alternatives (other methods) in Islamic inheritance law, stepchildren will not lose their right to receive protection from their parents, as the inherited children of their biological father and mother. And in Islamic inheritance law, stepchildren can inherit assets from the marriage of their biological father or new mother (their new family) by means of Qiyas and Wasiat Wajibah in the amount of 1/3. The aim is to find out the position and understanding of stepchildren's inheritance rights in Islamic inheritance law and how to obtain a share of stepchildren's inheritance rights in Islamic inheritance law.

Safeguarding the Future: Child Protection and the Prevention of Child Marriages in Indonesia

Child protection is an issue in Indonesia, which has a varied cultural heritage and has experienced economic downturns. According to Arliman (2017), Indonesia has created policies, efforts, and governmental and non-governmental organizations to ensure Children's protection and wellness. The nation's legal structure consists of global and across-the-country conventions, which disclose the relevance of the initiatives placed by the federal government to protect and safeguard Children's' lawful rights. According to Vaitla et al. (2017), the focus has been on securing wellness and constitutional freedoms, specifically in the problem of early marriages. The country's decision to promote child protection through fundamental laws such as the constitution originates from the implications for the future and children's health. Olojede et al. (2020) reveal numerous problems in managing children's issues, such as forced marriage, denying their basic civil liberties, and gender-based violence. Despite the federal government's efforts, numerous difficulties proceed and remain prevalent in different Indonesian areas and regions.

FURTHER DISCUSSION ON INVESTMENT LAW, CYBERSECURITY LAW AND RECOMMENDATIONS FOR ATTRACTING FOREIGN INVESTMENT (FDI)

The purpose of this article is to present Further Discussion on Investment Law, Cybersecurity Law and Recommendations for Attracting Foreign Investment (FDI). Based on collects statisti-cal data from the statistical yearbooks of the provinces/cities from 2010 to 2021. We found FDI inflows have a positive impact on labor productivity in Vietnamese localities. Specifically, locali-ties have (i) the larger the proportion of FDI in progress in the total investment capital of the economy, (ii) the larger the number of projects, the more accumulated FDI in operation, (iii) FDI sector activity and (iv) the larger the share of net revenue of the FDI sector, the higher the labor productivity. Moreover, investors need to pay attention to cybersecurity law: Acts of distorting history, denying revolutionary achievements, and sabotaging the great unity bloc whole nation, offending religion, discriminating on gender, racial discrimination; Acts of spreading information harmful to organizations and individuals, including: false information causing confusion among the people, causing damage to socio-economic activities, causing difficulties for activities. actions of state agencies or official duty performers, infringing upon the lawful rights and interests of other agencies, organizations and individuals

Development History and Role of The Vietnam Trade Union Organization

Over more than 90 years of formation and development, the Vietnam Trade Union has grown in all aspects and made worthy contributions to the great victories of the revolution, contributing to building the Vietnamese working class into an increasingly powerful force. The trade union organization has been consolidated and developed, with the number of union members and grassroots trade unions growing rapidly, and the cadre team developing both in quantity and quality. The union has expanded its activities to the non-state economic sector; increasingly effective coordination with various levels of government, organizations, and employers has been achieved, better fulfilling its tasks of representing, caring for, and protecting the legitimate and lawful rights and interests of workers, promptly addressing pressing issues, and contributing to the establishment of harmonious, stable, and progressive labor relations in enterprises. This study summarizes the birth circumstances of the Vietnamese working class and the Red Union - the precursor of today's Vietnam General Confederation of Labor; the role of the Vietnam Trade Union in the revolutionary process; and the urgent task for society to enhance the role of the trade union organization.

Protection of Personal Non-Property Rights of Spouses in the Practice of The European Court of Human Rights: A Crucial Investigation

Objective: This study investigates the peculiarities of spouses' non-property rights in the European Court of Human Rights (ECHR) case law, aiming to understand how these rights are protected and restored in different legal contexts. Theoretical Framework: The study is based on principles of international human rights and family law, focusing on the right to parenthood, personal development of spouses, non-discrimination, and respect for honor and dignity. The ECHR's framework for protecting these rights provides a solid basis. Method: The research employs a qualitative analysis of ECHR case law, examining relevant legal documents, court decisions, and literature on non-property rights. Data collection involved analyzing ECHR rulings and Ukrainian family law. Results and Discussion: The results show that protecting spouses' non-property rights is crucial for citizens' security and stability. The study highlights how states manage these rights and the ECHR's role in restoring them. The discussion emphasizes national and international law implications, noting discrepancies in current protections. Research Implications: This research not only provides insights into legal mechanisms for protecting spouses' non-property rights but also underscores the practical implications of a robust legal framework and the role of the ECHR in safeguarding these rights, potentially influencing policy and legal practice. Originality/Value: The study contributes to the literature by analyzing the protection and restoration of spouses' non-property rights in ECHR case law. Its originality lies in focusing on the intersection of family law and human rights, highlighting the value of international legal standards in enhancing national protections. This research informs policy and legal practice in family law and human rights.

Law Grit - One Stop Legal Solution

Law Grit is an inventive online lawful rights benefit stage, revolutionizing the way individuals get to and lock in with legitimate rights administrations. This theoretical gives a diagram of how Law Grit rearranges the lives of both people and rustic communities. Law Grit acts as a bridge interfacing client with a assorted cluster of neighbourhood administrations, counting crucial rights, crucial obligations, lawful data, most recent upgrades, community gatherings, chatbot and Intuitively Instruments. The platform's centre mission is to give a consistent, helpful, and dependable way for people to discover and investigate fundamental lawful administrations. One of the standout highlights of Law Grit is its user-friendly interface. With fair a few clicks or taps, clients can easily explore through a registry of nearby administrations, perused bona fide and upgraded data from the coordinated page and select the substance that absolutely matches with their needs. This natural approach has made Law grit a favoured choice for clients looking for dependable and proficient lawful administrations. In the world of online administrations, believe is foremost, and Law Grit recognizes this significance. The stage utilizes a computerized collaborator that can give legitimate data and direction to individuals in a user-friendly way.

Exploring the Intersection of Pancasila and Human Rights in Indonesian Law

This research aims to explore the intersection of Pancasila and human rights in Indonesian law . The research investigates how Pancasila, as the foundational philosophy of Indonesia, can be aligned with the principles of human rights as enshrined in internationalhuman rights instruments . Methode The research methodology includes a comprehensive analysis of relevant Indonesian laws, constitutional provisions, and international human rights standards. The research also utilizes a comparative approach, examining how other countries have integrated their national philosophies with human rights principles .The findings of this research highlight the potential harmonization between Pancasila and human rights principles in Indonesian law . By recognizing the fundamental values of Pancasila, such as social justice, unity, and religious freedom, Indonesian law can uphold and protect human rights forall individuals within the country.Through the alignment of Pancasila with international human rights standards, Indonesia can ensure that its legal framework promotes and protects the fundamental rights and freedoms of all. Implication for Student research provides a unique opportunity to engage in critical thinking and analysis of the ethical and legal frameworks that shape their country. By delving into case studies and legislative decisions, students can develop a nuanced understanding of how Pancasila influences the interpretation and application of human rights laws, thereby fostering a more informed and empowered citizenry.

International Experience and Reference of China's Financial Regulatory System Reform

Since the 1970s, in order to reduce financial risks in the context of fast-paced growing financial industry, China has been implementing reforms to its financial regulatory structure. In 2023, the State Administration for Financial Supervision and Administration was officially established, bringing China closer to mixed industry regulation. Currently, there are multiple types of financial regulation on a global scale, including segmented regulation, single regulation, functional regulation, and bimodal regulation. Given the rapid development of China's financial market, it is imperative to draw on better international expertise, innovate domestic regulatory framework, and persist pursuing bimodal regulatory mode under the mixed industry background. By implementing the bimodal regulation of macro prudential regulation and micro behavioral regulation, China is managing to control financial risks, protect investors lawful rights and interests, and foster the long-term and stable expansion of China's financial industry

Navigating the Legal Landscape: LGBTQ+ Rights in Family Law

Family regulation assumes an urgent part in characterizing the freedoms as well as certain limitations of people inside familial connections. With changing cultural mentalities and legitimate changes, the acknowledgement of LGBTQ+ privileges inside family regulation has been a subject of developing significance. This article investigates the advancing legitimate scene of LGBTQ+ freedoms in family regulation, including issues connected with reception, marriage fairness, and youngster guardianship. In the steadily advancing embroidered artwork of current culture, the convergences of regulation and basic liberties ceaselessly shape the elements of familial connections. One of the most extraordinary and extensive developments in this domain is the quest for LGBTQ+ privileges inside family regulation. As people embrace their different characters and love has no limits, the lawful scene should adjust to mirror these changing accepted practices and guarantee impartial treatment for all. This article sets out on an excursion through the moving shapes of LGBTQ+ privileges inside family regulation, looking at the significant effects on issues going from reception and marriage balance to kid guardianship and nurturing freedoms. In doing so, we enlighten the way ahead in the continuous quest for equity, uniformity, and acknowledgement for LGBTQ+ people and families inside the core of our overall sets of laws.

Perlindungan Hukum Terhadap Hak Asasi Manusia Dalam Hukum Tata Negara

Human rights are fundamental rights inherent in every individual without exception, which must be respected, protected, and fulfilled by the government in accordance with the principles of applicable constitutional law. This study aims to analyze the legal protection of human rights in the context of constitutional law. The research method used is a descriptive analytical approach that discusses the concept of human rights, its relation to constitutional law, as well as concrete steps that can be taken by the government to ensure effective human rights protection. The results showed that legal protection of human rights in constitutional law is very important to maintain a balance between state power and individual rights. A balance between individual freedom and public interest is needed in carrying out government duties in accordance with the constitution and applicable laws and regulations. This research is expected to provide deeper insight into efforts to protect human rights within the framework of constitutional law, and can be a reference for governments, legislative institutions, and law enforcement agencies in improving human rights protection as one of the key aspects in realizing a democratic and just rule of law.

Safeguarding children's rights through international legal frameworks

Every state exists to protect the freedoms and rights of children. This universally recognized norm has gained worldwide recognition. The protection of children's rights in international law deserves special attention. The article highlights the problematic issues of child rights protection at the global level. These issues are essential in international law, as they extend to the entire world. International law on the protection of children's rights and freedoms makes it possible to address urgent problems of implementation and improvement of the organizational and legal framework for preventing violations of children's rights. This includes the study of legal reform in the world and Ukraine and the harmonization of national legislation with international law. Nowadays, the protection of children's rights and freedoms is critical since children in Ukraine are forced to make significant efforts to get even an education. However, according to international law, every child should grow up in peaceful and safe conditions. The research was conducted using the historical method, the method of comparison, analysis, and the systematic method. The analysis of the theory and practice of child rights violations as an urgent and global problem in Ukraine and worldwide will improve legal consciousness and awareness. This will make it possible to avoid offenses and draw attention to the mandatory consideration of international norms. It is worth noting that the problems that arise in our country today need to be addressed at the global level, as children are our future, and they need to grow and develop in a safe, peaceful, and harmonious environment. Children need support and care for their growth and the formation of the ideology of the rule of law and legal awareness. The freedoms and rights of children should be in the first place, both at the national and international levels.

HUMAN RIGHTS BETWEEN SHARIA AND LAW

The topic of "human rights" is considered one of the old and new topics in the entire world, Which means a set of fixed rights for the human being from his birth that recognizes his dignity regardless of color, sect, or gender. According to the Almighty’s saying: {And We have honored the children of Adam and carried them on land and sea and provided them with good things and favored them over others. Many of those whom We created with excellence{. Accordingly, human rights in Islamic law are characterized by being divine in source and purpose, Comprehensive, permanent, and valid for every time and place due to its reliance on the Holy Qur’an and the Sunnah of the Prophet , As for the sources of rights in positive law, they are based on changing social customs and legal bodies and personalities that regulate laws that concern humans, but they are incompletely incapable of meeting aspects of life in an integrated manner. The importance of the issue is evident in the fact that it occupies the first place in both the international and domestic arena. On the international scene, the United Nations and international organizations concerned with human rights seek to highlight their role in serving human rights and compete to do so, At the internal level, countries compete to declare that they are committed to human rights after those rights were established in their constitutions, It seeks to highlight the elements of its legal state, whose primary goal is to protect human rights

Social Justice and Human Rights Violations in Sudan in Light of the Criminal Law

The study came under the title Social Justice and Violations of Human Rights in Sudan in the Light of the Sudanese Criminal Law (concepts - protection - obstacles and solutions), the problem of the study was to answer these questions: Why are human rights violations increasing in Sudan? Do dictatorial and military regimes have a role in human rights violations and threaten the security and stability of society? What are the human rights obstacles and proposed solutions? The study objectives are: knowing the concepts of social justice and the impact of human rights violations in Sudan on the stability of society, familiarity with the principles and provisions of the Sudanese criminal law related to the protection of human rights, as well as the contribution of the study to suggesting solutions that contribute to reducing human rights violations in Sudan. The researcher used the descriptive and analytical approach to find out the concepts of the human rights, social justice and the reasons for the violation of human rights and the provisions and principles related to the legal protection of human rights in the Sudanese criminal law. The study showed violations of human rights such as killing, violence, and illegal detention continue in Sudan to a very large extent during the transitional period, crimes and ethnic conflicts have spread alarmingly in Sudan, especially in the Darfur region, threatening local and international peace and security. One of the most important recommendations is that the State must stop human rights violations and carry out reconciliations between the conflicting tribes to achieve justice in the country, guarantee basic rights and freedoms, and implement the principle of the rule of law and respect of human rights.