Legal Framework Governing Research Articles

Cyber-Threat Landscape in Healthcare Industry and Legal Framework Governing Personal Health Information in India

Cyber-Threat Landscape in Healthcare Industry and Legal Framework Governing Personal Health Information in India

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 Legal Framework Governing Merger Transactions in Tunisia: A Comparative Analysis of Equitable Competition with France

This abstract offers an in-depth comparative analysis of the legal frameworks governing merger operations in the Tunisian Republic and the French Republic, highlighting the legal and regulatory mechanisms aimed at guaranteeing fair competition on the markets. The study explores in detail the similarities and distinctions between these two legal systems, looking at key aspects such as the notification procedures for mergers and acquisitions, the essential criteria for assessing merger operations, as well as the sanctions imposed in the event of proven anti-competitive practices. This comparative analysis provides essential legal perspectives to understand the different approaches taken by these two nations to the regulation of merger operations, thereby contributing to an in-depth understanding of the practices and legal obligations surrounding these transactions in an international context.

The International Legal Framework Governing the Protection of Cultural Heritage

The study delves deeply into the historical contexts of the countries involved, examining how the idea of cultural heritage and its protection under international law has changed through the years and in various social, economic, and political climates. When preserving cultural assets under public international law, we also consider the humanitarian aspect of this phenomenon. The study examines whether people and groups limit a state's power to act beyond limitations imposed by other states and international organizations. This research further examines the role of international human rights laws in this setting, the preservation of the individual's connection to cultural products, and whether or not an individual becomes a significant player in international law. The study's findings provide conclusive evidence of the pivotal catalytic role that UNESCO and similar international organizations play in the worldwide preservation of cultural heritage. UNESCO is the principal venue for monitoring whether or not states are adhering to international protection principles. Whether or not UNESCO can be effective without ratification processes for cultural preservation has to be investigated more deeply. The study's findings indicate that protecting cultural assets involves a wide range of aspects, including the rights and responsibilities of governments and the rights of cultures. In addition, our research suggests that the ever-evolving international legal system can improve its framework, which is relevant to preserving cultural treasures.

International Legal Framework Governing Assessment of Damages Caused to Foreign Investors in Armed Conflict

Abstract Disputes arising from armed conflicts are on the rise, raising various complex legal issues. This article examines standards applicable to assessing damages arising from armed conflicts. The existing treaties, cases and commentaries show a complex and tangled landscape of rules and principles governing damages in the context of armed conflicts. While the vast majority of investment treaties contain war clauses that appear to prescribe special rules for the assessment of damages, most tribunals have refused to apply the lex specialis principle and have instead used the Chorzow Factory principle. Hence, more consistency and predictability would be needed in this connection which can be achieved in the form a dedicated working group.

RETRACTED: Olujobi, Olusola Joshua. 2020. Analysis of the Legal Framework Governing Gas Flaring in Nigeria’s Upstream Petroleum Sector and the Need for Overhauling. Social Sciences 9: 132

The Social Science Editorial Office retracts the article, “Analysis of the Legal Framework Governing Gas Flaring in Nigeria’s Upstream Petroleum Sector and the Need for Overhauling” (Olujobi 2020), cited above [...]

The Legal Framework Governing the Offence of Environmental Pollution in Jordan and the Sultanate of Oman

The focus of this study pertains to the legal regulations governing environmental pollution offences, as stipulated by the Environmental Protection Law No. 6 of 2017 and its subsequent revisions. Initially, the study examined the definitions of environmental pollution in accordance with the methodology employed by Jordanian lawmakers and international conferences. Subsequently, an analysis was conducted on the Environmental Protection Law No. 6 of 2017 and its subsequent amendments. This was followed by a determination of the fundamental components upon which the criminal offence is predicated. Additionally, a review of select cases that were brought before the Jordanian judiciary was undertaken.
 The environmental policy in Oman legislation underscores adopting a multifaceted approach, sometimes emphasizing obligatory measures and resorting to prohibitive or unrestricted policies. It is apparent that the responsibility for safeguarding the environment from pollution is not solely vested in the state but is a collective responsibility shared among individuals and society as a whole, as reinforced by the provisions of Article 6. This underscores the importance of environmental protection as an effective means to combat wrongdoing, thus the enactment of Law No. 26 for Environmental Protection and Pollution Control, which establishes specific legal principles to define criminal behaviour and prescribes penalties, adhering to the fundamental legal principle that "there is no crime and no punishment except by law."

The Legal Framework Governing Traditional Leaders' Role in Land Use Planning in South Africa

The Legal Framework Governing Traditional Leaders' Role in Land Use Planning in South Africa

Legitimate Targets: What is the Applicable Legal Framework Governing the Use of Force in Rio de Janeiro?

Legitimate Targets: What is the Applicable Legal Framework Governing the Use of Force in Rio de Janeiro?

Gas Flaring and the Assessment of the Legal Framework Governing It

Gas Flaring and the Assessment of the Legal Framework Governing It

RETRACTED: Analysis of the Legal Framework Governing Gas Flaring in Nigeria’s Upstream Petroleum Sector and the Need for Overhauling

Nigeria is rated the number one producer of crude oil in Africa. Still, oil exploration activities have resulted in a high rate of gas flaring due to weak enforcement of the anti-gas flaring laws by the regulatory authorities. Associated natural gas is generated from oil production, and it is burnt in large volumes, thereby leading to the emission of greenhouse gases and waste of natural resources which could have generated billions of dollars for the Federal Government of Nigeria. There are concerns that if nothing is done to curtail this menace, humans and the environment will be imperiled due to its negative consequences. There is therefore a need to decrease gas flaring by replicating the strategies applied in the selected case study countries to combat the menace. It is relevant to carry out this analysis to reduce greenhouse gas emissions in the oil industry for the sustainability of the energy sector and to generate more revenues for the government. This study provides guidelines for legislatures on suitable approaches to adopt for formulating an anti-flaring legal framework. The study is a comparative analysis of national legal regimes on gas flaring in Nigeria, Canada, the United Kingdom, Saudi Arabia, and Norway. The study adopts a doctrinal legal research method, a point-by-point comparative approach with a library-based legal research method. The study finds that weak enforcement of laws is a critical factor responsible for the menace. It recommends the use of more advanced technologies, a sophisticated mixture of regulations and non-regulatory incentives such as fiscal policies and gas market restructuring, and proffers further suggestions based on the lessons learnt from the selected case study countries.

Courting the Oil Curse or Playing by the Rules? An Analysis of the Legal and Regulatory Framework Governing Oil in Uganda

Courting the Oil Curse or Playing by the Rules? An Analysis of the Legal and Regulatory Framework Governing Oil in Uganda

The Legal Framework Governing Investment Areas and Incentives in Ethiopia: A Critical Appraisal

This research sought to explore the legal framework governing investment areas and incentives under the investment law of Ethiopia. In particular, the main emphasis of the research is to investigate whether the legal framework governing investment areas and incentives could be used for the promotion of investment and overall economic growth. The research employed doctrinal legal research approach and the investment law of the country were discussed in detail. The study found that the government publicized desire to facilitate the expansion of investment and stimulate the growth of the economy by opening up the investment areas for the private sector and providing incentives for potential investors, particularly to attract foreign investment. The researchers suggested that, if open admission is not allowed, residual reservation should be allowed and the government should not be included under the definition of domestic investors. So, the discrepancy against investment areas reserved for domestic investors should be avoided.

The Legal Framework Governing Corporal Punishment

ABSTRACT Every state recognizes a limited parental privilege to use corporal punishment. This privilege applies in both criminal cases and civil child-protection proceedings. This short article describes this parental privilege and the child-wellbeing rationale underlying it. The article clarifies that the privilege does not amount to an endorsement of corporal punishment, nor does the privilege rest on evidence that corporal punishment inflicts no harm or is ever necessary. Instead, the privilege recognizes that an attempt to protect children from all instances of corporal punishment exposes children to the significant risks associated with government intervention through the criminal justice and child welfare systems: incarceration of a parent and potential foster care placement of a child. Additionally, the article briefly addresses corporal punishment in schools, which most states prohibit. The article notes that, unlike the parental privilege, there is no child-wellbeing rationale for the use of corporal punishment in schools, and the trend to ban corporal punishment in schools clearly promotes child wellbeing.

The International Legal Framework Governing Chinese Investments in Sri Lanka; An Impetus for Increased Commercial Diplomacy

The International Legal Framework Governing Chinese Investments in Sri Lanka; An Impetus for Increased Commercial Diplomacy

Reflections on the International Legal Framework Governing the Re-entry of Space Objects

Reflections on the International Legal Framework Governing the Re-entry of Space Objects

Understanding the Legal and Regulatory Framework Governing Physician Collective Bargaining.

Understanding the Legal and Regulatory Framework Governing Physician Collective Bargaining.

The Legal Framework Governing Business Firms and its Implications for Manufacturing Scale and Performance: The UK Experience in International Perspective

This paper review empirical studies examining the economic effects of laws governing the formation, financing and organisation of business firms with the aim of putting the UK experience in a comparative perspective. The literature identifies two models of legal support for manufacturing which imply different directions for policy: on the one hand, the Silicon Valley model of venture capital funded growth which depends on liquid capital markets and flexible labour markets, and the northern European and Japanese model which is based on long-term innovation, stable ownership, and institutionalised worker-management cooperation. The UK has some of the legal features of the Silicon Valley model, but important parts are missing: for example, the Californian rule under which post-employment restraints (‘restrictive covenants’) are void on the grounds of their anti-competitive effects has no equivalent in the UK. Conversely, although the UK has certain elements of the northern European or east Asian model of institutionalised corporate governance, it is unlikely to be able to replicate the ‘productive coalition’ approach of these countries as long as the legal framework prioritises shareholder rights and the market for corporate control, and provides limited encouragement for job security. The Silicon Valley and ‘productive coalition’ models are ideal types which can distract from the fact that most countries, the UK included, are hybrid systems with some of the characteristics of each model. Rather than designing laws and policies exclusively with one model or the other in mind, it may be preferable to consider specific laws and policies on their own merits, while bearing in mind that a given legal rule or policy does not operate in isolation from others and that there may be some ‘network effects’ in operation due to the way that particular rules interact.

The Legal Framework Governing Parental Involvement with Education in Zimbabwe

T his research a imed a t investiga ting the lega l framework for the implementa tion of Pa rental Involvement (PI) programmes and school governors' and managers' understanding of the legal documents. A survey design was used to ga ther data on the biographic informa tion, lega l sta tutes and perceptions of the respondents towards PI by means of a questionnaire consisting of twenty-four pre-coded response items. The combined responses of fifty-one edu cation ma nagers and forty-seven school governors (9 8) indica ted t hat participants were cognizant of the legal engagement of parents in the delivery of education and the resultant impact it could have on school performance. The research also revealed that citizen participation adopted by schools within the Total Quality Management (TQM) philosophy enhances the availability of educational resources and the quality of service delivery. Significant, though, was the failure of educationally sound school governors, to hire and fire personnel although mandatory. Empowerment workshops were recommended for both stakehol der groups.

Mind the Gap: Lacunae in the International Legal Framework Governing Private Military and Security Companies

This article examines the common claim that there are gaps in international law that undermine accountability of private military and security companies. A multi-actor analysis examines this question in relation to the commission of international crimes, violations of fundamental human rights, and ordinary crimes. Without this critical first step of identifying specific deficiencies in international law, the debate about how to enhance accountability within this sector is likely to be misguided at best.