Legal Basis Research Articles

Strategic Autonomy and Trade Defence: The Case of Cross-Country Subsidies

China’s state capitalism poses considerable challenges for the global economic system. Initially, the public debate centred on its massive domestic subsidies. In the meantime, however, China’s transnational cooperation and subsidy programmes, which are closely linked to the Chinese ‘Belt and Road Initiative’ (BRI), have come more into focus. For the first time, the European Commission has now made this cooperation with other third-countries the subject of anti-subsidy proceedings on the basis of a cross-country subsidy analysis and subsequently imposed countervailing duties on imports from the Chinese partner countries Egypt and Indonesia. Lawyers have criticized this approach, arguing that it lacks a legal basis and is contrary to WTO law. However, the General Court and, more recently, Advocate General Ćapeta have confirmed the Commission’s practice. This article argues that the cases decided so far prove to be manifestations of a domestic subsidy, which can be covered by EU anti-subsidy law, at least against the background of the effective protection against unfair trade practices intended by trade defence and the objective of a strategic autonomy of the EU. At the same time, WTO law does not formulate any clear limitations with regard to this kind of attribution of foreign subsidies and therefore does not prohibit the Commission’s current practice. WTO law is also more open with regard to other forms of a cross-country subsidy analysis than is sometimes portrayed.

Health Promotion and Health Literacy in the Legal Foundations of the Austrian Healthcare System

Health reform sees health promotion (HP) and health literacy (HL) as essential cornerstones for achieving health policy goals. This article examines the extent to which the legal foundation in the Austrian healthcare system provides a basis for orientation towards HP and HL. The focus of the analysis was set on medical professions, the health care and nursing professions, hospitals, and primary health care facilities. In a first step, legal and other relevant documents were reviewed. For this, a literature-based coding grid was created. In a second step, the legal bases were analyzed and interpreted using the coding grid. Recommendations were derived from the analysis of the legal basis and experts' assessments. Health promotion and health literacy are included in the general legal foundations. However, HP/HL is primarily conceived as a supplementary service with separate financing and is thus less understood as an integral part of any patient contact. The primary health care units and the nursing professions have a relatively clear mandate with regard to HP/HL compared to the hospitals and medical professions. Overall, it was recognized that terminology should be used more coherently and operationalized for the respective areas of cure and care. In particular, the legal bases relating to the medical professions do not build on one another in a coherent manner. Having adequate staff is the key to HP/HL. If these are in place, competencies in the field of HP/HL should be required, promoted, evaluated, and rewarded. HP/HL should be an integral part of any care setting. The concepts of health promotion and health literacy should be operationalized in the legal frameworks of health professions and organizations. This is especially true for the Physicians' Act and for hospitals. Furthermore, the role of patients should be strengthened and the involvement of users in the planning of health services should be further developed.

Trends in Reprisals and the Persecution of Opponents of the Regime in Lithuania after 1954

The article analyses trends in the repressive policy against opponents of the regime in Lithuania between 1954 and 1990, identifies events and processes which determined changes in this policy, and describes methods applied by the KGB, by paying particular attention to the persecution and reprisals which best reflect developments in the repressive policy. The article specifies activities and the legal basis for imposing punishment by imprisonment or other types of punishment for these activities. Trends in Soviet repressive policy after 1954 were determined by changes in the domestic and international political situation and in the principles of anti-Soviet resistance. The status of Lithuania as a country occupied by the Soviet Union determined the key guideline of the activities of the Lithuanian Communist Party and the KGB of the Lithuanian SSR – to persecute and carry out reprisals against individuals who wished to declare the statehood of Lithuania. The KGB used prevention, discrediting, and propaganda methods in order to discredit, depoliticise, and criminalise this idea and to make it easier to prosecute the said people. This gives us some understanding why certain groups of society – associated with the wish for an independent Lithuania – were distinguished and deliberately persecuted. While the essential features of the repressive policies during the period considered remained the same, there were some obvious differences. Reprisals became selective, i.e. punishment was imposed for certain specific activities. The intensity of reprisals was also salutatory and depended on trends in domestic and international politics and the party position. Although prevention was applied more frequently (statistical data attest to this) as if to show that the regime had changed, this measure was applied as a form of punishment, rather than as a form of re-education. In addition, in this period, the placement of people in psychiatric hospitals was applied as an alternative to imprisonment; death penalties were also carried out. By creating a fictitious legality, the KGB indeed committed crimes against the Lithuanian people, because they implemented the law and interpretations of the law imposed by occupational authorities. Although the government declared that the KGB was changing their working methods and operational principles, the suppressive nature of the KGB did not change, it was only better concealed.

Wish to die trying to live: unwise or incapacitous? The case of University Hospitals Birmingham NHS Foundation Trust versus ‘ST’

The recent legal dispute about medical treatment for a 19-year-old patient, Sudiksha Thirumalesh, (known initially by the Court of Protection as ‘ST’) in A NHS Trust versus ST & Ors...

Disentangling Legal Stability from Legitimate Expectations: Towards Greater Deference to Regulatory Changes in Renewable Energy Transition Policies in Investment Arbitration

Abstract The obligation of stability generally requires host States to maintain a relatively stable regulatory framework to mitigate political risks facing foreign investments. It has played a significant role in international investment tribunals’ review of host States’ renewable energy transition policies. This paper critically reviews tribunals’ interpretation of the obligation with a particular focus on the Spanish cases involving renewable energy incentive schemes. It canvasses the two ‘dimensions’ adopted by investment tribunals in the interpretation of stability, namely the protection of legitimate expectations and States’ right to regulate for public purposes. Examining the contents of the two dimensions separately, this paper argues that legal stability should be disentangled from the notion of legitimate expectations and be assessed through the reasonableness of regulatory changes per se. It further argues that an intrusive interpretation of legal stability lacks legal and institutional bases; instead, more deferential standards should be adopted in the review of renewable energy transition policies.

Penerbangan Berkelanjutan: Perlindungan Hak Masyarakat Adat Berbasis Nilai Pancasila

In Indonesia, the protection of indigenous peoples' rights in the context of the aviation industry based on Pancasila values faces complex challenges. Although there have been efforts to establish a legal basis that respects these rights, their implementation in the aviation sector is still limited. This research aims to explore the implementation of Pancasila values in the protection of indigenous peoples' rights in the aviation sector and identify collaborative steps that can be taken by the government, the aviation industry, and other stakeholders. Using a descriptive qualitative approach through literature studies, this study evaluates challenges such as the lack of participation of indigenous peoples in aviation project decisions and the lack of effective law enforcement. The results show that cooperation between governments, airlines, civil society, and indigenous peoples is essential to strengthen the protection of their rights. It is also necessary to evaluate the impact of airport development policies to ensure the protection of land rights and the sustainability of indigenous peoples' culture. The involvement of indigenous peoples in the planning of aviation projects is a concrete step to ensure the alignment of aviation infrastructure development with Pancasila values and the rights of indigenous peoples

Juridical Study on the Cancellation of Land Certificate by Proof of Power Endorsement in the Review of Law No. 5 of 1960 concerning the Basis of Agrarian Law (study of decision No. 3/G/2021/PTUN. BDG)

This study discusses the cancellation of land ownership certificates based on evidence of verponding eigendom (BEV) in the framework of Indonesian Law, especially by Law No. 5 of 1960 concerning Agrarian Principles. The study aims to explore the legal basis, procedures, and implications of cancelling land certificates when administrative defects or court decisions have permanent legal force. The research method used is normative juridical with a descriptive approach, analyzing the Rule of Law and the case of Decision Number 3/G/2021/PTUN case. BDG. The study results show that the certificate can be cancelled if administrative, legal defects or the ratification of power are not by the procedure. In addition, court decisions have an essential role in determining the validity of certificates. The implications of this study show the importance of strengthening land administration in the National Land Agency (BPN) to increase legal certainty for landowners and reduce the potential for ownership conflicts in Indonesia.

Penerapan Program “Makan Rendang” sebagai Strategi Pemerintah Kabupaten Tanah Datar untuk Meminimalisir Ketergantungan UMKM Terhadap Rentenir

This research aims to determine the supporting and inhibiting factors for the implementation of the Rendang Eating Program for MSMEs as a flagship program for the Tanah Datar Regency Regional Government. In this research, the researcher used a qualitative descriptive method where the aim of this method was to describe things that happened according to the conditions when the research was carried out. Data collection techniques in this research are interviews and documentation. Data were analyzed using reduction techniques, data presentation and drawing conclusions. The research results show that the implementation of the Rendang Eating Program has supporting factors, including First, the existence of clear regulations, with the latest legal basis, namely Regent's Regulation Number 1 of 2022. This regulation provides clear guidance and framework for all parties involved, including local government, KUKMP Service, Bank Nagari and Community. Second, full support from regional governments can also be seen through adequate budget allocation and good coordination between agencies. The inhibiting factors include First, there are still many people involved in BI-Cheking which causes these people to not be able to take advantage of the program. Second, the Rendang Meal Program has not been properly socialized to the public, so there are still many people who do not know about this program and the budget for the Rendang Meal Program itself has not been fully realized.

Study on Schools Bullying for Adolescents

This study aims to describe aspects relating to bullying as causal factors, types, impacts, and strategies to prevent and resolve. Percentages of victims and perpetrators based on gender, age, and education level. Researchers utilized qualitative methods to collect and analyze data, according to Milles and Huberman. This research was conducted at 11 junior high schools and 11 senior high schools. The participants of this research were 53 informants. The results indicated that internal factors of bullying are psychological, physiological, intelligence and skills, identity, lifestyle, and religion. External factors are families, school and social environment, peers, legal base, media and technology, social and economic class, lifestyle, lack of communication, clothing, race, and experiences of victims. The types of bullying found are verbal, physical, bullying from media, sexual and relational bullying. Of those 5 types of bullying, verbal bullying is the most common. Keywords: bullying, adolescence, student, achievement

Establishing Usufruct Rights under Statutory Basis in Vietnamese Law

The usufruct rights is a legal right that was imposed on the property of another person, and can only arise based on legal events prescribed by law, called the basis for establishing usufruct rights. The basis for establishing usufruct rights according to the laws of different countries is not entirely the same. In Vietnam, usufruct rights are established based on three legal bases: the basis prescribed by law, the basis of the agreement of the parties, or the basis of a will. This article studies the basis for establishing the right of usufruct according to the statutory basis, in current Vietnamese law (specifically the 2015 Civil Code). By using the methods of written law analysis, historical method, comparative legal method, and survey of the practical application of Vietnamese law, the article provides the content of positive law in Vietnam on the basis for establishing usufruct rights according to the law, aiming to introduce readers to the current legal status, point out the advantages and disadvantages of these regulations, select practical experiences of foreign law, and contribute to building solutions to improve the regulations on the basis for establishing usufruct rights according to the law in Vietnam today.

Digital Technologies in the National Cadastre System of Uzbekistan: Issues of Legal Regulation

Objective: to critically analyze the state of national legislation of Uzbekistan in terms of legal regulation of digitalization and the use of artificial intelligence in the cadastral sphere.Methods: the research is based on such methods of scientific cognition as formal-legal and comparative-legal analysis, induction and deduction.Results: the provisions that regulate digitalization and the use of artificial intelligence in the cadastral sphere were analyzed, legal gaps were identified. It was determined that the practical application of artificial intelligence technologies outpaces its legal regulation. The shortcomings of legal regulation in this sphere were noted (lacking legal definition of the legal status of artificial intelligence in the national legislation; regulation of business entities’ participation in the management of artificial intelligence, etc.). The said shortcomings hinder its full application and harmonization with traditional sources of cadastral information. The author substantiated the need for universal digitization of the national cadastre and predicts the possibility of wider application of artificial intelligence in the natural-resource cadastral system. It is argued that the existing system in its current state may lead to wrong decisions and cadastral errors, hence, it is necessary to improve the legal regulation of cadastre.Scientific novelty: for the first time the results of the national cadastre digitization were assessed. Forecasts were given about the possibility of using artificial intelligence in this area, subject to further improvement of legal regulation. The latter is fundamentally important for reforming the cadastral system, since the technological basis of this system does not fully meet the needs of the digital economy.Practical significance: it is due to the lack of legal regulation of the artificial intelligence concept and legal status in the national legislation, as well as a unified approach to the cadastral system digitalization. Modern technologies are actively used in practice, but lack a sufficient legal basis. The main conclusions, proposals and recommendations of the study can be a basis for further improvement of the legal framework of Uzbekistan in terms of the application of artificial intelligence technologies.

A protocol for linking participants’ retailer ‘loyalty card’ records into the Avon Longitudinal Study of Parents and Children (ALSPAC)

Longitudinal population studies (LPS) have a long history of providing insights into how individual consumption patterns and other lifestyle choices affect health and socio-economic outcomes. LPS typically operate as research databanks, integrating rich and deep phenotypic data - covering diverse aspects of individual, family and household status - with genomic data and linked records on health and socio-economic outcomes. However, individual consumption and behavioural choices are traditionally studied solely using self-report methods which are prone to known biases. We propose to enrich LPS databanks with a new form of digital footprint data – individual shopping history records. These are collected by supermarkets through “loyalty” card schemes and can provide a new perspective on real world behaviours and history of consumption. However, as a novel class of data in the context of longitudinal research, our ability to assess the quality and completeness of the data is unknown, as is our ability to effectively triangulate between self-reported and linked data. This paper describes a protocol for linking individual level shopping history data into a LPS using Avon Longitudinal Study of Parents and Children (ALSPAC) as a testbed. The protocol covers the process of establishing participant fair processing, an ethical and legal basis for the linkage framework itself, and how these data will be integrated into the ALSPAC databank. It does not cover the subsequent research use of these data. The protocol was built on an extensive participant engagement and acceptability work and has been approved by the ALSPAC Law and Ethics committee.

Investigation Methods of Combating Smuggling and Suspicious Trade Through Transport Routes: Ukrainian Case

Smuggling poses a threat both to individuals and to national security. The problem of smuggling is complicated by the constant transformation of criminal schemes, thereby urging the search for appropriate investigation methods of this offense. The aim of the research is to improve the methods of investigation of smuggling through the integration of legislative, international, human, and technical resources. The research employed a doctrinal approach, a statistical method, and a descriptive method. As a result of the research, the Ukrainian legislation on combating smuggling was analysed in the context of European integration. It is noted that the criminalization of smuggling of goods is a welcome innovation, but the legislative framework needs further improvement. The legal basis of Ukraine's international cooperation in the investigation and countering of smuggling has been disclosed. The priority forms of cooperation were determined and directions for further improvement were revealed using the experience of several international initiatives. The value of human capital in combination with the latest technologies in the process of investigating crimes related to smuggling is noted. The obtained conclusions can be useful for regulatory bodies in the context of developing anti-smuggling policies based on identified priority areas.

Between Tuition Fees and Trainee Allowances: Financing of Schools in the German Health Care System

Schools in the health sector play a significant role in the structure of the German education system. In addition to public schools, there are numerous schools, either substitute or supplementary, in the private sector. Many schools are directly attached to a hospital, in contrast to others operating financially independently having cooperation agreements with corresponding facilities for practical training. This article explains the differences between public, substitute and supplementary schools in the health care sector, with particular emphasis on their financing. It also shows the impact of the integration of a school at a hospital. The information regarding the types of schools was generated through expert interviews and by reviewing current laws. A schematic illustration is intended to promote further understanding of school financing in the health care sector, thus contributing to more transparency. The legal framework conditions for the professions of physiotherapy, occupational therapy and speech therapy are elaborated, as well as basic German Law forming the legal basis for the Hospital Financing Act (KHG). The financing of public schools is regulated by law and is carried by the respective state or municipality. This also applies to public schools in the health care sector. Uniform regulations are also applicable to replacement and supplementary schools falling under the KHG. Trainees receive a salary if their schools cooperate with hospitals with which corresponding funding agreements are in place. However, private schools not affiliated with the KHG training fund must rely on alternative sources of funding, ultimately leading to the necessity to charge tuition fees. Different federal/state-specific regulations contributing to the financing of health care education is often unclear and incomprehensible. Due to current laws, tuition-free education cannot be guaranteed in every federal state or at every school. It remains to be seen if or to what extent changes will take place leading to uniform, transparent and comprehensible financing of the training landscape in the health professions in the German education system.

Legal Perspective on the Use of Artificial Intelligence in Corporate Governance in Nigeria: Potentials and Challenges

Abstract From a legal standpoint, this paper critically examines the potential and challenges in deploying Artificial (AI) Intelligence in corporate governance in Nigeria. The examination revealed that leveraging AI in corporate governance could enhance corporate efficiency in Nigeria through improved decision-making, risk management, financial reporting, and stakeholder protection and engagement. However, possible bias and data privacy breaches are significant risks that pose ethical challenges when AI is deployed in corporate governance. Particularly, Nigeria is bisected by several socio-economic challenges, such as a lack of a robust AI framework and insufficient technological expertise to develop and optimize AI systems. Furthermore, Nigeria currently lacks comprehensive national AI legislation, thereby resulting in the absence of a legal basis for the effective deployment of AI in corporate governance and board management. Against this backdrop, this paper proposes an AI-based corporate governance framework, which can be adapted into future legislative reforms to streamline decision-making processes and improve board accountability and stakeholders’ protection in companies. Overall, it argues that AI legislation and policies are vital to the success of efforts to implement AI-based corporate governance in Nigeria.

International organizations’ practice in the interpretation of their constituent instruments

Abstract Subsequent practice of international organizations plays an important role in the interpretation of their constituent instruments. Based on Articles 5 and 31(3) of the Vienna Convention on the Law of Treaties (VCLT), when such practices have become established or have been consented to by all States parties, they can be considered authoritative interpretations. The legal basis for considering practices of international organizations in other circumstances, however, is not entirely clear. The International Law Commission proposed that these practices may still be considered in the application of Articles 31 and 32 of the VCLT but left many issues undiscussed. This article argues that it is possible to consider international organizations’ practice in the application of Article 31 if a strong inference about the original intention of States parties can be drawn therefrom. To address difficulties involved in evaluating the probative value of international organizations’ practice, this article borrows a tool from probability theory—likelihood ratio—and shows that, absent a major change of circumstances, international organizations’ earlier practice can be seen as credible evidence of States parties’ original intention and considered in the application of Article 31.

Tanggung Gugat Sengketa Hak Pertanahan Terhadap Pembeli yang Beritikad Baik

The purpose of this study is to determine the legal basis or legal considerations of the panel of judges in deciding Civil Case Number 29/Pdt.G/2023/PN.Mjk. To find out these problems, the author uses Normative Research methods, legislative approaches, scientific journals, court decisions, with Library data collection techniques, and descriptive and qualitative analysis.The result of the author's analysis is that he disagrees with the judge's consideration in deciding the case, with considerations including the existence of procedures or conditions for the legal acquisition of sale and purchase of land based on Legislation, as well as the existence of a Supreme Court Circular Letter governing Good Faith Buyers, and the absence of strict regulations governing legal protection for good faith buyers, causing multiple interpretations of existing rules and resulting in different court decisions even in the same type of case.

Analisis Hukum terhadap Putusan tentang Perkara Wanprestasi dalam Sengketa Ekonomi Syariah

Settlement of Sharia economic disputes, Sharia banking, and default in the field of Sharia is the absolute authority of the Religious Courts, as explained in Article 49 of Law No. 30 of 2006 on Amendments to Law No. 7 of 1989 on Religious Courts. In resolving disputes, the panel of judges must apply a clear legal basis and use legal reasoning when considering the case to be decided. The case that the authors of this study started with the existence of a Sharia economic case, namely default in a default case between PT Bank Muamalat Indonesia, TBK as the plaintiff with PT Hasta Mulya Putra as the defendant. This problem arises because PT Hasta Mulya Putra has committed a breach of promise in fulfilling its obligation to transfer the name of the financing object. The purpose of this study is to find out and explain the analysis of considerations by judges in deciding cases, as well as to explain related to the judge's consideration process in deciding cases No. 129/Pdt.G/2023/PA.Mn. The type of research conducted is field research using a qualitative approach and empirical legal research. Meanwhile, the data collection technique carried out by the author uses interviews. The analysisused used an inductive method. From this study, it can be concluded that before deciding that someone is in default, the judge looks at the fact. Things that can strengthen the judge's belief in deciding a case that someone has committed an act of default or breach of promise is that the person has neglected his obligations or has not paid off the principal of the financing, the proof can be seen from the evidence in the form of letters submitted by the plaintiff, all of which have been acknowledged or confirmed by the defendant, so there is no need to prove it. The role of legal reasoning is to help judges reach a conclusion that must be rational and supported by rational premises to avoid misleading errors.

LEGAL PROTECTION TOWARDS PUBLIC COMPANIES FROM BANKRUPTCY

<p>Law Number 37 of 2004 on Bankruptcy and Suspension of Debt Payment Obligations (UU KPKPU) only requires the provision that a Bankruptcy/PKPU application to be submitted by one creditor, and that it can be proven that the public company has at least two creditors, one of which is past due. Financial Services Authority (OJK) has the authority to regulate and supervise activities in the capital market field or sector carried out by public companies. OJK should be responsible for providing legal protection for public companies that submit applications for bankruptcy. The research method used is a normative legal research method. The results of this research confirm that Article 55 paragraph (1) of the OJK Law and Article 8 paragraph 4 of Law Number 4 of 2023 on the Development and Strengthening of the Financial Sector (P2SK Law) are the legal basis or legal protection that gives the authority to the Financial Services Authority to carry out regulation and supervision of financial services activities in the capital markets sector, where financial services activities in the capital markets sector are also carried out by public companies. There must be rules that are made firmly and explicitly so that the OJK is given responsibility, function and authority in protecting public companies from bankruptcy by carrying out insolvency tests. This means that before a public company is submitted for bankruptcy, the OJK must first carry out an insolvency test to determine whether the public company is in a state of insolvency or is actually in a state of solvency. If the results state that the public company is indeed insolvent, then the OJK must provide a product stating either in the form of a cover letter or a certificate that the public company is suitable for the debtor to submit a bankruptcy petition.</p>

Possibility of Integrated Planning for Parks, Greenbelts and Street Space in South Korea

Background and objective: Planning for parks and greenbelts is crucial in public housing district plans. This study was conducted to explore the possibility of expanding parks and greenbelts by adjusting street space according to legal bases and suggest a model for expanding parks and greenbelts by reducing the area of roads in new town planning.Methods: The research site, Public Housing District ‘Wangsuk 2’ near Seoul City, is part of the 3rd Phase New Towns. It is being developed according to the government’s policy to expand the housing supply in the Seoul metropolitan area. The legal possibilities related to land, housing, and roads were reviewed, the site was analyzed through the land use plan of Wangsuk 2, and an integration model was developed, applied, and evaluated.Results: An integrated street park model was designed, which integrates sidewalks, bicycle lanes, and planting strips planned as part of road facilities with adjacent parks or greenbelts. The road sections of the site that require the improvement of street space were selected for the model application. As a result of the simulation, the total length of the integrated street parks was about 4 km, the area of parks and greenbelts expanded by 15,901 m², increasing the ratio of park and greenbelt area by 0.7%, and the ratio of road area decreased from 17.1% to 16.4%.Conclusion: Integrated street parks expand green space in new town development while providing a safe and comfortable passage for visitors, pedestrians, bicycle/PM users, and drivers. This study is significant in that it presents an alternative to expanding green space that can improve street space and urban environment, which residents can experience daily.