Legal Principles Research Articles

Framework for approaching federated causal inference based on real-world observational data sources

Abstract Context Causal inference methods, generally requiring detailed individual information, allow us to evaluate public health interventions in real-world observational settings. When comparing interventions across borders and for this purpose leveraging distributed sensitive individual-level data, a federated approach can be aided. However, reusing such distributed data while maintaining privacy and interoperability, is a challenging endeavor. Methodological framework In the context of the BY-COVID project, a methodological framework to approach federated causal inference was published in October 2023. It is presented as a set of guidelines in the form several consecutive steps, starting with defining a research question, to building a causal model, translating the causal model into data requirements captured within a Common Data Model (CDM), generating synthetic data complying with the requirements captured in the CDM, and developing interoperable analysis scripts which can be distributed for deployment in different federated nodes. The proposed framework was built through implementing and combining existing methodologies and taking into account the principles of legal, organizational, semantic and technical interoperability. Objectives This presentation will provide an overview of the proposed framework, and its demonstration by performing an international comparison of the real-world effectiveness of SARS-CoV-2 primary vaccination campaigns in preventing infections at different federated sites. Challenges encountered (e.g. difficulties in complying with data requirements by linking heterogeneous local data sources) and lessons learned in the course of the demonstrator will be highlighted. Implications We aim to contribute to a public health research field where the rapid assessment of emerging population-health research questions (potentially feeding into evidence-based policy-making) is achievable, in that way contributing to European pandemic preparedness.

A BRIEF GLIMPSE UPON THE "PARADIGM SHIFT" REGARDING PERSONS WITH DISABILITIES - TALES OF CONSISTENCY

The article provides a detailed analysis of the paradigm shift introduced by the UN Convention on the Rights of Persons with Disabilities (CRPD). The CRPD, adopted in 2006, is recognized as a significant human rights treaty that reaffirms the universal concept of human dignity, applying it to all individuals, including those with mental disabilities. The convention emphasizes the need for legal frameworks to evolve, ensuring that persons with disabilities enjoy legal capacity on an equal basis with others. The historical context leading up to the CRPD is outlined, noting that earlier UN declarations and principles laid the groundwork by gradually recognizing rights of persons with disabilities. This development can be divided into three stages: the initial recognition of legal personality, the establishment of principles for mental health care, and finally, the CRPD's comprehensive approach to legal capacity. A key focus of the article is the controversy surrounding Article 12 of the CRPD, which grants persons with disabilities the right to legal capacity in all aspects of life. This provision challenges traditional systems of guardianship and substitute decision-making, which have historically been used to manage the affairs of individuals with mental disabilities. The article discusses the debates and misunderstandings among national legislators regarding the implementation of this "paradigm shift," particularly the move from substitute to supported decision-making. Overall, the article argues that the CRPD represents a culmination of decades of evolving legal principles aimed at ensuring equality and dignity for persons with disabilities. The author emphasizes the need for national laws to align with this new approach, ensuring that legal capacity is universally recognized, regardless of an individual's mental or physical condition.

The Export Dilemma of China under the WTO Framework: An Anti-Dumping Study on the Determination of Market Economy Status

As China emerges as a dominant force in the global economy, the issue of non-market economy status has become a key issue, particularly in the face of biased anti-dumping measures enforced by other nations. These measures have seriously affected China's export-oriented economy by creating substantial trade barriers. The essay utilizes a blend of literature review, comparative analysis, and data examination, drawing on historical experience and the legal principles and rules as outlined in the WTO agreements. The results show that although China has achieved certain advancements in pursuing acknowledgment of its market economy status, it still faces significant challenges due to political and economic factors.This essay will discuss anti-dumping measures exert considerable pressure on businesses operating within developing economies, and on this basis, it will provide corresponding thoughts and suggestions for China to secure the market economy status, and for Chinese enterprises not to be hit by it as far as possible.

Developing a Taught Module on ‘Law, Religion, and Environment’

Building on the Arab Barometer seventh wave survey, which highlights the regional priorities on climate change, water resources, and environmental development in Middle East and North Africa, this paper explores the potential for a module on “Law, Religion and Environmental Sustainability”. The module aims to mainstream environmental sustainability in the legal education curriculum through forging the intersections between law, religion, and the environment. The growing body of interdisciplinary research on religion and environmentalism mainly involves scholars from academic disciplines such as sociology, theology, and religious studies, but not law. The Arab Barometer results indicate that citizens’ environmental concerns are mostly linked to the micro level, without directly reflecting on related macro level issues. However, religious beliefs and faith systems often cut across the micro and macro levels, and could potentially advance environmental and sustainable development objectives. Moreso, there have been pockets of non-international armed conflicts that are in some ways tied to religious beliefs and cultural values on access to natural resources such as land and water. This paper addresses how to train law students to embrace and contribute to the emerging field of religion and environmentalism. Such training would equip law graduates to (a) have a good understanding of the contemporary social, economic and political context of environmental governance and sustainable development laws; (b) appreciate the interlinkages between law, religion and environment at a theoretical and practical level; and (c) be better equipped to maximise the opportunities and resolve tensions that may arise from mainstreaming legal principles, including human rights and justice, in advancing sustainable development goals, including environmental sustainability. , , CurriculumDevelopment, MENA region, Legal Education,

THE BALANCE OF LEGAL CERTAINTY AND UTILITY IN BALI’S ALCOHOL REGULATION

Traditional alcoholic beverages hold a significant place in the culture of Indonesia, embodying the nation's rich heritage and diverse local wisdom. However, the regulation of these beverages presents critical concerns regarding public health and societal impact. This study critically examines how the principles of legal certainty and utility are reflected in Bali Governor Regulation Number 1 of 2020 (“Bali’s Alcohol Regulation”). The primary objective of this research is to analyze and evaluate the embodiment of these values within the regulation. Employing a normative legal research methodology, the study scrutinizes the regulation alongside the hierarchy of laws governing it. The findings reveal notable inconsistencies between Bali’s Alcohol Regulation and the definitions of traditional alcoholic beverages established in higher legislative frameworks, raising pertinent questions about the balance between legal certainty and the practical benefits offered by the regulation. Furthermore, the analysis indicates that the regulation fails to uphold several legal principles, leading to ambiguity in its enforcement. From a utility perspective, the regulation does not yield substantial benefits for artisans, producers, distributors, sellers, buyers, or the broader community. Consequently, it falls short of meeting adequate utility standards, underscoring the necessity for revision and enhancement to better accommodate the interests of all stakeholders involved in the traditional alcoholic beverage sector in Bali.

Mandatory Disclosure Regime for Cross-Border Tax Planning Arrangements (DAC6): ECJ Confirms Compatibility with EU Law

Following a request to (partially) annul Belgium’s implementation of the DAC6 disclosure regime, the Belgian Constitutional Court submitted five questions to the ECJ in Belgian Association of Tax Lawyers and Others (Case C-623/22). In its decision of 29 July 2024, the ECJ found that there had been no violation of the principles of equal treatment, non-discrimination, legal certainty and legality, as well as the right to a fair trial and to respect for private life. Hence, it has been confirmed that DAC6 is compatible with EU law.

Illegal Wildlife Trade in Bangladesh and India: A Study of Comparative Laws

Poaching of wildlife and misuse of plant habitats were considered one of the local, small-scale activities carried out by opportunists or miscreants for the purpose of illegal trade or smuggling of certain species. However, the irony is that over the past few decades. It has progressively become a major contributor to illegal trade with a hotspot for serious crimes" including those involving wild animals. Wildlife trafficking has become a serious threat to ecosystem conservation, putting species at risk of extinction and causing loss of biodiversity. The main objective of this work is to ensure that Bangladesh's legal framework is compatible with international regimes, particularly in preventing wildlife trafficking. Additionally, the study undertook systematic research to assess Bangladesh's commitments, performance, and limitations and compare them with the situation in India. Bangladesh is classified as a riparian country under IUCN Red List criteria IV and V. The study reviewed books, journals, research articles, supplements, news, and analysis on both substantive and ancillary national laws, beyond the Wildlife Crime Convention, providing a comprehensive set of legal rules and principles governing interactions between traffickers and species.

International Legal Guiding Principles for State Activity in Cyberspace

The rapid development of information technologies and the emergence of cyberspace as a new domain of state activity raises critical questions regarding the regulation of state actions within this space under international law. It is evident that international law applies to cyberspace; any contrary approach would create a legal vacuum, implying that states lack international legal obligations related to cyberspace and undermining state sovereignty in this new realm. Given that states are the primary subjects of international law, denying their applicability to cyberspace is existentially untenable. Despite the clear applicability of international legal principles to cyberspace, international law, like law in general, is often rigid and fails to keep pace with rapid technological advancements. Consequently, a key challenge in the international legal regulation of cyberspace is the specific application of international law in these contexts. This leads to several fundamental questions: How do the fundamental principles of international law apply to cyberspace? What is the effect of sovereignty in cyberspace? How are cyber operations attributed to the state? How is cyber-armed conflict regulated? This article addresses these fundamental issues of international legal regulation in cyberspace. Based on the findings of this research, draft guiding principles for state activity in cyberspace were proposed, which could serve as the foundation for an international methodological document, offering an alternative to the unrepresentative Tallinn Manual and potentially paving the way for a future universal international treaty in this area.

Theoretical and Methodological Justification of the Public Danger of an Act in Criminal Law

Public danger is a fundamental category of criminal law that defines its essence and social purpose. At the same time, science has not yet developed a unified view on the nature of public danger, its place and role in the structure of criminal law knowledge and law enforcement. In particular, the following questions remain unresolved: the legal boundaries of public danger, the correlation of the principle of legality with the social foundations of criminal liability, the correlation of the concept of harm with public danger, the possibility of its objective cognition, the impact on the assessment of public danger of acts of social values and personality, determining the quality of a crime. The paper analyzes the phenomenology of social perception of public danger in the aspect of law enforcement assessments of real harm. For this purpose, dialectics is used in the categories of reality and possibility. Harm is considered as a category of reality, and public danger as a category of opportunity. At the same time, the author understands harm and public danger not in a universal, but in a legal sense. The essence of harm means an encroachment on social values and a response to it from society and the state — a moral rebuke of the act, elevating it to the degree of social threat (danger). The public danger of a crime is constructed by the legislator, therefore this property (public danger) is associated with the reality of harm and is an important and necessary criminal law construct filled with real social meaning. The modern problem, actualized by the security paradigm, is the definition of moral criteria for the validity of socially dangerous harm.

Dispute Resolution in Sharia Banking: Challenges and Judicial Reform for Enhanced Legal Certainty

Sharia banking, a growing sector within Indonesia's civil law system, operates under Islamic legal principles while serving diverse clients, both Muslim and non-Muslim. This research explores the challenges in resolving disputes within Sharia banking, emphasizing the need for judicial integration. The study utilizes both a legislative and conceptual approach, examining relevant laws and regulations, while developing a comprehensive framework for judicial reform. Results indicate that despite the Religious Courts' authority over Sharia economic disputes, jurisdictional ambiguity persists, often leading to confusion. Additionally, the study highlights the importance of alternative dispute resolution (ADR), such as mediation and arbitration, which aligns with Sharia principles and offers a faster, cost-effective means of resolving disputes. The findings suggest that a unified judicial system, with the Religious Courts as the sole authority in Sharia economic disputes, coupled with strengthened ADR mechanisms, would promote legal certainty and support the sustainable development of Indonesia's Sharia banking sector. Implications include recommendations for enhancing regulatory frameworks, improving judicial competence, and fostering collaboration between regulatory authorities, industry stakeholders, and the judiciary to ensure fair and efficient dispute resolution

The Legal Issues of Contractual Liability for the Act of the Thing “Comparative Study”

Civil liability is based on a fundamental principle that anyone who causes harm through their fault is obligated to provide compensation. The essence of this principle is that an individual is held accountable only for their personal conduct, even if it takes the form of omission, particularly within the scope of contractual liability. However, there are always exceptions to the rule. Does an individual bear responsibility for the actions of objects used in the execution or hindrance of a contract, or for causing harm to the creditor, such as tools, means, or machinery used in conjunction with contract execution? Based on this, the study seeks to explore one of the exceptional cases in contractual liability that goes beyond the scope of personal theory in its basic and general concept, namely, contractual liability for the act of the thing. Especially considering that civil legislation, for the most part, has not explicitly addressed the regulation of this liability, which has sparked controversy and discussions regarding adaptation and the determination of the responsible party and the extent of their liability. This study aims to propose logical solutions based on the realities of the available legal principles.

No need to look, trust me! Mutual trust and distrust in the European arrest warrant system

Abstract No cooperative scheme in EU law has displayed bigger tensions between mutual trust and fundamental rights protection than the EAW system. Despite the requirement developed by the CJEU for national courts to trust each other and recognise each other’s arrest warrants, the reality on the ground has shown high levels of distrust between national courts regarding Member States’ alignment with core EU values. In this contribution, we analyze how the CJEU has managed such tensions in the EAW system. To that effect, we first put the Court’s EAW case law into context by examining the broader language of mutual trust used by the Court in other fields of EU law. In doing so, we point out how the Court has espoused different levels of lawful distrust to be exercised in different circumstances under the scope of application of mutual trust. Given that broader context, it is contradictory for the Court to mainly view mutual trust as a requirement rather than a reality in need of permanent and continuing justification between national authorities. The latter conception of mutual trust is more apt to be the basis of EU horizontal cooperation, which must be value-based and sincere according to the Treaties. Therefore, we propose a bidimensional account of mutual trust as a legal principle, one that accommodates both trust and distrust as tools for managing the uncertainty and dynamic nature of trust-based cooperation. Finally, we explore how such account of mutual (dis)trust can be concretised by the Court and other political institutions.

Blockchain as Electronic Evidence Against Crypto Crimes in Indonesia

In the context of digital security, the utilization of blockchain technology as a means of evidence against crypto crimes has become an exceedingly crucial topic. This research elucidates whether the admissible evidence tool stipulated in Article 184 paragraph (1) of the criminal procedural law encompasses proof relating to crypto crimes and how the decentralized structure and transparent nature of blockchain can aid in furnishing accurate and credible evidence pertaining to crypto crimes. This study offers profound insights into the potential of blockchain concerning evidence provision and prevention of crypto crimes. The author employs normative research, a process aimed at uncovering legal rules, principles, and doctrines to address legal issues encountered. Based on the discussion, it can be concluded that blockchain can serve as an electronic evidence tool in crypto crimes. Aligned with the decentralized and transparent nature of blockchain, it can provide precise and permanent data.

Regulatory and legal principles of management of sports schools for children and youth

The activities of sports schools for children and youth play a key role in shaping the physical culture of young people, promoting a healthy lifestyle, and preparing future professional athletes. The successful functioning of these schools relies on appropriate legal frameworks that outline the operational rules, requirements for educational processes, funding, and management of facilities. there is a pressing need to analyze the current legal framework governing the management of sports school for children and youth. Considering the constant changes in the legislation and the growing requirements for the quality of sports institutions, there is a pressing need to analyze the current legal framework governing the management of sports schools for children and youth. The purpose of this article is to analyze the regulatory and legal principles of managing the activities of sports schools for children and youth in Ukraine. The key legislative acts regulating the organizational, financial, and legal aspects of the functioning of sports schools for children and youth have been analyzed, including the Constitution of Ukraine, the Law ‘On Physical Culture and Sports,’ and the orders of the Ministry of Education and Science and the Ministry of Youth and Sports. This resolution provides a comprehensive framework for the operation of sports schools for children and youth as well as defines the forms of ownership, legal foundations of their activities, funding procedures, and requirements for athlete training. Particular attention is given to the state social standard in physical culture and sports, which sets requirements for the quality of services, infrastructure, and athlete training. The mechanisms of management that contribute to increasing the efficiency of sports schools for children and youth are highlighted.

Trust, Contextual Impartiality, and Open-Mindedness in Investor-State Dispute Settlement

Abstract This article analyses impartiality in Investor-State Dispute Settlement (ISDS) by identifying the way that the parties’ trust in arbitrators is constructed. Drawing on the findings of a large-scale empirical project, it questions the applicability of an orthodox judicial doctrine of impartiality to ISDS on the grounds that trust in arbitrators is constructed on a fundamentally different basis from that of trust in judges. The primary feature of a judicial doctrine of impartiality is that trust is founded on an absolutist approach to impartiality which is intended to ensure that judges have no predispositions to parties. In contrast, trust in ISDS is founded on the method of party appointment which is based on a very different assumption—that arbitrators’ predispositions can be valuable and appropriate in the decision-making process. Drawing on empirical findings, moral philosophy, and psychology, this article proposes the idea of contextual impartiality. Under this approach, the question is not whether an arbitrator can meet universal standards of impartiality irrespective of the context within which the arbitrator operates. Rather, the critical distinction is between permissible and impermissible partiality which depends on whether the individual is reasonably expected to act partially because of their circumstances. In this respect, the article identifies open-mindedness as a fundamental feature of a contextual approach to impartiality and a bright line between permissible and impermissible partiality.

Marriage with the Intention of Divorce in Islamic Jurisprudence

In Islamic law, each lawful or unlawful action is guided by underlying wisdoms and philosophies that may not be readily apparent to all. Upon deeper contemplation and analysis, the rationale behind the lawfulness or unlawfulness of actions reveals significant insights and benefits. This article addresses marriage with the intention of divorce, defined as a legitimate marriage wherein the husband, unbeknownst to the wife, intends to divorce her after a predetermined period. From the perspective of the objectives (Maqasid) of marriage, its prohibition is justified due to the lack of valid benefits within the union. However, when studied through the lens of its causes, reasons, pillars, and conditions, such a marriage, despite the husband's concealed intention for its temporary nature, meets all essential requirements without any deficiencies. This is why Islamic jurists are divided into two groups on this issue: One group, emphasizing the apparent conditions and pillars, considers it permissible, while the other, highlighting the absence of legitimate benefits, deems it prohibited. The author's preferred opinion is that it is permissible and, in cases of necessity, may be utilized. Nevertheless, the general recommendation is to discourage this practice and advise individuals to seek continuity and permanence in marriage, barring circumstances where continuation is impossible according to Islamic legal principles.

Democratic leadership in the Batak Tribe: lessons from Customary Law for modern governance

The main aim of this research is to explore and analyse leadership in the very democratic Batak tribe in Indonesia from the perspective of Batak customary law. The research method used is normative juridical legal research with a qualitative descriptive analysis method approach and also uses an existing conceptual approach model on leadership to then generate new ideas. as well as processing primary data and secondary data. The findings of this study are that the leadership style resulting from Machiavelli's political philosophy tends to be expensive, and there is a political dowry. Then, leadership in the Trias Politics conception tends to manipulate and abuse power such as corruption, tyranny and dynastic power. As a result, gave birth to leaders who behave like immoral wolves, homo homini lupus. On the other hand, the leadership style of the Batak tribe from the perspective of Batak customary law tends to mean maintaining harmony, which is a noble cultural value in terms of organizational leadership related to social relations, a well-organized organization and power distributed evenly. Thus, it is hoped that this study will be useful for the government, legislators and other stakeholders to use as an idea and reference approach in making efforts to choose a harajaon leadership based on dalihan natolu, which is a medium that contains objective legal principles based on kinship, brotherhood and cooperation by the mandate of paragraph IV of the Preamble to the 1945 Constitution of the Republic of Indonesia.

Restitution of African Cultural Heritage: Revisiting Natural Law Concepts of Statehood and Property in the Context of Colonial Spoliation

Abstract In the late nineteenth century, Western Powers launched military campaigns in sub-Saharan Africa resulting in the colonization of vast territories and the spoliation of cultural property. To justify the conquest, they asserted the supremacy of Western culture and disregarded principles of international law in their dealings with African states, communities, and individuals. This article examines colonialist legal justifications such as the denial of statehood of pre-colonial sub-Saharan African societies, the notion that conquest and spoliation were justifiable, and the belief that African legal systems lacked concepts of property. The article details why these arguments contradict well-established nineteenth-century legal principles, particularly state sovereignty and private property, which together form the conceptual basis for the prohibition of spoliation. The universal nature of those principles allows for the nondiscriminatory application and interpretation of historical law and consequently the protection of African pre-colonial states and private as well as public cultural property.

IDENTIFICAÇÃO E ABRANGÊNCIA DA AUTONOMIA PRIVADA

Private autonomy is a fundamental concept in democratic societies, recognizing individuals' capacity to exercise their will and make decisions within the context of their private relationships. This article aims to provide an understanding of the identification and scope of the principle of private autonomy in the legal sphere, its interaction with other relevant legal principles, the limits imposed by public order and fundamental rights, its evolution and challenges. Special attention will be given to how this principle is understood and applied in the Brazilian legal system. The presentation and analysis of practical cases in different legal relationships intends to clearly demonstrate the evolution of the autonomy of the will to private autonomy, to highlight the limits and extent of its application and to contribute to the academic debate and the development of Civil Law.

The concept of state financial control and the legal status of the subjects of its provision

The article is devoted to the study of the concept of state financial control and the legal status of the subjects of its provision. It is noted that, in practice, the system of state financial control bodies is extremely extensive and includes a large number of bodies that do not interact properly. It is proposed to understand state financial control as the activity of state authorities and local self-government regulated by financial and legal norms, based on the principles of legality, independence, objectivity, efficiency and aimed at protecting the financial interests of the state, business entities and citizens. It is emphasized that the Law of Ukraine «On the basic principles of state financial control in Ukraine» does not operate with the concept of «subject of state financial control», but only generally indicates the rights of the state financial control body, and the duties and responsibilities of its officials. It is indicated that the President of Ukraine, being the head of state and possessing a special legal status, supervises financial activities. Control powers in the field of financial resources management can be exercised by the President of Ukraine by adopting decrees, the effect of which is aimed at regulating financial relations. It is noted that the Verkhovna Rada of Ukraine is assigned to the state body of general financial competence, but it determines the main guidelines for the development of the entire financial system of the country by adopting and approving laws. The specific results of the activities of bodies of special competence depend on its actions. It has been established that the Accounting Chamber occupies a separate place in the system of state financial control bodies, it is the highest body of state financial control of Ukraine, it is formed by the Verkhovna Rada of Ukraine, subordinate to and accountable to it. The Accounting Chamber, in accordance with Article 98 of the Constitution of Ukraine, on behalf of the Verkhovna Rada of Ukraine, controls the receipt of funds from the State Budget of Ukraine and their use.