Legal Relevance Research Articles

Future Generations in Climate Litigation: Early Whispers of an Intergenerational Law?

Abstract The “migration” of Future Generations from a moral to a judicial context represents a captivating development in contemporary legal discourse. Recent years have seen a surge in courts across various nations addressing the intersection of future generations and climate litigation. This nexus, far from being coincidental or sporadic, epitomizes a deeper societal and legal dilemma that necessitates a nuanced articulation for effective resolution. The main objective of this Article is to provide preliminary insights for contextualizing this legal evolution. Initially, the Article delineates the journey towards social legitimacy of climate science. Subsequently, it examines the impact of this social legitimation on judicial rulings, particularly observing an emerging trend in climate litigation to expand the temporal scope of legal relevance. The Article culminates in an exploration of the possible interplay between the legal significance of future generations and the extension of the law’s temporal horizon. This conjectural postulation is substantiated through select historical precedents.

Preservation of Historical Buildings through the Lens of International Law

Historical buildings deserve preservation not only for their aesthetic features but also as guardians of cultural and spiritual values. This is now acknowledged by several international law norms. Nonetheless, the legal discourse about their preservation carries a set of problematic implications because it is hard to adopt regulations that combine protection, promotion and valorisation with economic investments and market strategies and with everyday urban life. This is particularly evident with regard to immovables located within historical cities or towns whose economy depends on marketing the cultural identity, authenticity and history of the place to outsiders. This paper highlights the approach adopted by the most relevant international legal instruments which focus on the protection of what belongs to the historical city’s cultural heritage as being of crucial significance for individuals and communities in relation to their cultural identity. In this perspective, the safeguard of historical buildings can be linked to the right of access to and enjoyment of cultural heritage: a specific human right recognized under international law. The issue at stake is how to comply with principles and rules of international law while at the same time respond to the needs of modern life and economy. This paper identifies the rules and principles of international law that have gained legal relevance and can provide valid tools to states and local administrations to implement and fulfil protectionist policies for historical buildings.

Analisis Maslahat Imam al-Ghazali dalam Penahanan Akta Cerai sebagai Upaya Jaminan Perlindungan Hak-hak Perempuan Setelah Perceraian

This study aims to analyze Imam al-Ghazali's maslahat view of the provision of withholding divorce certificates as a government effort to ensure the protection of women's rights after a contested divorce. This research uses normative juridical methods which include library research by examining library materials or secondary data sources with data collection techniques using the istislahi approach. The results of the study show that the instrument of the Supreme Court's Religious Justice Agency Letter Number 1960/DJA/HK.00/6/2021 is an information accessibility to guarantee women's rights after divorce, especially a contested divorce, in the form of withholding the Defendant's divorce certificate until he meets the Plaintiff's demands, which can be included when making a divorce suit. This letter is a policy that regulates the smooth administration of justice, it is not binding but has legal relevance to achieve benefits. Regarding the determination of maintenance after a contested divorce (divorce bain) which has not been regulated, but as legal events develop, it may be determined as long as the wife is not proven to be nusyuz and the woman who files for a contested divorce is considered an oppressed party and is at risk of being vulnerable so that it should be protected to preserve her soul as one of the objectives of Islamic law. However, from the aspect of implementation, there is no grace period for fulfillment, so there is no legal certainty in the fulfillment of the plaintiff's demands and the benefit is not achieved.

Conflicts Beyond Borders – Possibilities for International Alternative Conflict Resolution

Mediation is one kind of procedures to solve a conflict. Mediation is based on the voluntary participation of the parties. Mediation is a voluntary process in which an impartial person (the mediator) helps with communication and promotes reconciliation between the parties which will allow them to reach a mutually acceptable agreement. It is a procedure, in which an intermediary without adjudicatory powers systematically facilitates communication between the parties with the aim of enabling the parties themselves to take responsibility for resolving their dispute. The procedure has the character of confidentiality and the neutrality. Mediation is a negotiation procedure facilitated by a neutral third-party who assists the parties in moving to resolution. The neutral third party has no control over the outcome of the case and conflict, but controls and directs the process itself, he or she is responsible for the procedure. While court proceedings are authoritative, formalised and claim-oriented, mediation offers a flexible, self-determined approach in which all aspects of the conflict -independent of their legal relevance- may be considered. Against this background, mediation -in contrast to court proceedings- is described as alternative dispute resolution (ADR). The question is: to solve the conflict and find a solution or to transform a conflict and reshape the connection between the parties? What is the matter when the mediation process has to be conducted between parties, who live in different countries or when one person of the parents just want to go abroad with the common child or children. How can cross-border mediation help? This publication tries to show a possible answer.

Modeling of inflicted head injury by shaking trauma in children: what can we learn? : Update to parts I&II: A systematic review of animal, mathematical and physical models.

Inflicted shaking trauma can cause injury in infants, but exact injury mechanisms remain unclear. Controversy exists, particularly in courts, whether additional causes such as impact are required to produce injuries found in cases of (suspected) shaking. Publication rates of studies on animal and biomechanical models of inflicted head injury by shaking trauma (IHI-ST) in infants continue rising. Dissention on the topic, combined with its legal relevance, makes maintaining an up-to-date, clear and accessible overview of the current knowledge-base on IHI-ST essential. The current work reviews recent (2017-2023) studies using models of IHI-ST, serving as an update to two previously published reviews. A systematic review was conducted in Scopus and PubMed for articles using animal, physical and mathematical models for IHI-ST. Using the PRISMA methodology, two researchers independently screened the publications. Two, five, and ten publications were included on animal, physical, and mathematical models of IHI-ST, respectively. Both animal model studies used rodents. It is unknown to what degree these can accurately represent IHI-ST. Physical models were used mostly to investigate gross head-kinematics during shaking. Most mathematical models were used to study local effects on the eye and the head's internal structures. All injury thresholds and material properties used were based on scaled adult or animal data. Shaking motions used as inputs for animal, physical and mathematical models were mostly greatly simplified. Future research should focus on using more accurate shaking inputs for models, and on developing or and validating accurate injury thresholds applicable for shaking.

RELEVANSI HUKUM MENGHADIRI UNDANGAN WALI MATUL ‘URSY DI ERA MODERN

This article will discuss a little about the implementation of the wali>matul 'ursy in the modern era, especially regarding the legal relevance of attending the wali>matul 'ursy invitation. In the current era, it is not uncommon for us to find cases that are actually prohibited by the shari'at but are generally accepted in modern society, these cases can actually become an obstacle to our obligation to attend the wali>matul 'ursy invitation, it could even be unlawful, in the sense that we can get sin for attending the event. This problem is rarely paid attention to by society in general, especially ordinary people who live far from the scientific world, especially in the field of shari'ah. Therefore the author will thoroughly examine this matter with a brief, concise and clear explanation. This type of research is library research using a descriptive qualitative approach. The data sources that the writer uses are turas books maz|hab Syafi'i, namely the Book of Hasyiyah al-Bajuri as the primary data source in this study. As a result of the research, the authors found the fact that the law of attending wali>matul 'ursy is conditionally obligatory. This means that if it does not meet the requirements then the obligatory law will move to permissible, makruh and even unlawful law.

Relic of the Past or Immortal Phoenix? The Legal Relevance of Neutrality in the Russo-Ukrainian War

Abstract The article examines the role of neutrality in the Russo-Ukrainian war by analyzing the legal justifications offered by States with reference to the provision of weapons and economic assistance to the belligerents. The findings reveal that the law of neutrality has played a limited role as neutrality-based legal arguments were rarely utilized, even when they were available, either by countries supporting Ukraine or by those maintaining some impartiality towards the belligerents. The decision of a significant group of states to provide military and economic assistance to Ukraine was based on jus ad bellum arguments and rarely took into consideration the law of neutrality. Perhaps surprisingly, even the parties to the conflict seldom employed legal arguments related to neutrality. Permanent neutrals or countries traditionally adopting a policy of neutrality, on their turn, tend to limit the obligations of neutrality to their military dimension while remaining open to providing economic and humanitarian support. This diminishing relevance of neutrality law, amidst the ongoing crisis of the United Nations’ collective security system, may lead to a legal order where third-party involvement in conflicts becomes more common. The authors maintain that the obsolescence of the law of neutrality is not yet complete, as occasional references to its rules still emerge, and many States have chosen not to take sides in the present conflict. Neutrality, however, as reflected in State declarations, appears to be interpreted more as a political choice rather than a legal obligation.

The International Legal Framework with regards to Russia’s Invasion of Ukraine

The Russia-Ukraine War highlights the collision of realpolitik with international law, illustrating the unavoidable conflicts that develop when international law meets defiance. This article deals with the conflict's complex legal landscape, finding contradicting results in the fields of collective security and international judicial procedure. While collective security has been ineffective in addressing the jus ad bellum parts of the war, Ukraine has demonstrated great effectiveness in its legal counterattacks against Russia, demonstrating its potential for international judicial advocacy. Despite occasional obstacles, the article argues that the enduring Westphalian values of sovereign equality, border inviolability, territorial integrity, political independence, and autonomy are the cornerstones of the international system. These principles, which are incorporated in the United Nations Charter, have legal relevance for all member nations. The Russia-Ukraine War vividly illustrates Russia's flagrant breach of these fundamental norms, prompting a critical study of the relationship between realpolitik and international law. Despite occasional challenges, this research asserts that the enduring principles of Westphalian sovereignty, border integrity, territorial inviolability, political independence, and autonomy remain fundamental to the international system. These core principles, enshrined in the United Nations Charter, hold legal significance for all member states. The Russia-Ukraine War serves as a stark reminder of Russia's blatant violations of these foundational norms, prompting a crucial examination of the intricate interplay between realpolitik and international law, with broader implications for the global order and future conflicts.

Public Understanding of The Mechanism for Administering State Administrative Courts as a Form of Legal Protection

Legal relations in social life are part of the process after the emergence of a legal action originating from the legal subject itself. Legal action is the beginning of the birth of legal relations (rechtsbetrekking), namely interactions between legal subjects that have legal relevance. One of them is the relationship between the government and citizens. The government, as an executor (public servant), obtains broad authority in carrying out government affairs (Constitutional Mandate). This authority is likely to be abused, causing harm and injustice (Power Tends Corrupt, Absolute Power Corrupts Absolutely). The State Administrative Court is present as an institution that provides legal protection to the justice-seeking public related to administrative law (Administrative Law). This court has a tiered system starting from the first level, the appeal level, and the final level or cassation. The legal issues that will be discussed in this paper concern phenomena in the administration of the State Administrative Court in Indonesia, such as the court process, the basis for a lawsuit addressed to the government, and the mechanism in the State Administrative Court.

Kekuatan Hukum Surat Edaran Mahkamah Agung Nomor 2 Tahun 2023 tentang Petunjuk Bagi Hakim dalam Mengadili Perkara Permohonan Pencatatan Perkawinan Antar-Umat yang Berbeda Agama dan Kepercayaan

The issuance of Supreme Court Circular Letter (SEMA) Number 2 of 2023 concerning Instructions for Judges in Adjudicating Cases on Applications for Registration of Marriages Between People of Different Religions and Beliefs has caused pros and cons reactions in society, in essence in this SEMA applications for registration of marriages between different religions cannot be granted by the Court, this is of course contrary to Supreme Court Decision Number 1400 K/Pdt/1986 which states that differences in the religion of prospective husband and wife are not prohibited in marriage, and also contradicts the content in the Elucidation of Article 35 letter a of Law Number 23, 2006 concerning Population Administration, where it is explained that the Court can determine marriages between people of different religions. This research aims to determine the position and legal strength of SEMA in the hierarchical system of statutory regulations. This research method uses normative juridical with a statutory approach. The research results show that the position of SEMA Number 2 of 2023 is under the law and its legal force cannot erase or revoke articles in the Population Administration law, even though SEMA Number 2 of 2023 contains the same material as Article 2 paragraph (1 ) and Article 8 letter f of Law Number 1 of 1974 concerning Marriage, but can only revoke legal products issued by the Supreme Court, so with the issuance of SEMA this automatically revokes Supreme Court Decision Number 1400 K/Pdt/1986. The binding legal power of SEMA is not directly legally binding, but contains legal relevance aimed at the Judicial body under the Supreme Court, thus closing the door for the Court to grant Applications for Registration of Interfaith marriage.

Clinically Indicated Genomic Sequencing of Children in Foster Care: Legal and Ethical Issues

There are approximately 400 000 children in foster care in the US, approximately one-half of whom have chronic health problems and approximately 10% of whom have complex healthcare needs. Given the increasing relevance of genomic sequencing to guide clinical care for children with rare, chronic, and undiagnosed conditions, it may be an important component of diagnostic evaluation for children in foster care. Clinically indicated genomic sequencing may provide information that has health implications for children in foster care, as well as for their biological parents and other relatives. Whether and how genomic sequencing results impact legal decision making and family court outcomes is not yet well-understood. We describe scenarios that highlight legal, ethical, and policy issues surrounding genomic sequencing for children in foster care using 3 cases adapted from real-world events. Together, these cases highlight important yet underexplored issues that arise when genomic information has legal relevance in family court and ethical implications for child and family well-being. As genomic sequencing becomes more routine for the general pediatric population, additional research is needed to better understand its impacts on children and other stakeholders within the foster care system.

RELEVANSI HUKUM MENGHADIRI UNDANGAN WALI MATUL ‘URSY DI ERA MODERN PERSPEKTIF SYEKH IBRAHIM AL-BAJURI

This article will discuss a little about the implementation of the wali>matul 'ursy in the modern era, especially regarding the legal relevance of attending the wali>matul 'ursy invitation. In the current era, it is not uncommon for us to find cases that are actually prohibited by the shari'at but are generally accepted in modern society, these cases can actually become an obstacle to our obligation to attend the wali>matul 'ursy invitation, it could even be unlawful, in the sense that we can get sin for attending the event. This problem is rarely paid attention to by society in general, especially ordinary people who live far from the scientific world, especially in the field of shari'ah. Therefore the author will thoroughly examine this matter with a brief, concise and clear explanation. This type of research is library research using a descriptive qualitative approach. The data sources that the writer uses are turas books maz|hab Syafi'i, namely the Book of Hasyiyah al-Bajuri as the primary data source in this study. As a result of the research, the authors found the fact that the law of attending wali>matul 'ursy is conditionally obligatory. This means that if it does not meet the requirements then the obligatory law will move to permissible, makruh and even unlawful law.

The legal relevance of a minor patient’s wish to die: a temporality-related exploration of end-of-life decisions in pediatric care

Decisions regarding the end-of-life of minor patients are amongst the most difficult areas of decision-making in pediatric health care. In this field of medicine, such decisions inevitably occur early in human life, which makes one aware of the fact that any life—young or old—cannot escape its temporal nature. Belgium and the Netherlands have adopted domestic regulations, which conditionally permit euthanasia and physician-assisted suicide in minors who experience hopeless and unbearable suffering. One of these conditions states that the minor involved must be legally competent and able to express an authentic and lasting wish to die. This contribution is different from other legal texts on end-of-life decisions in modern health care. Foremost, it deals with the role time-bound components play in our views on the permissibility of such decisions with regard to minor patients. While other disciplines provide profound reflections on this issue, from a legal point of view this side has hardly been explored, let alone examined with regard to its relevance for the legal permissibility of end-of-life decisions in pediatrics. Therefore, the manuscript inquires whether there are legal lessons to be learned if we look more closely to temporality-related aspects of these end-of-life decisions, particularly in connection to a minor patient’s assumable ability to choose death over an agonizing existence.

Recovery of Disputed Tax Claims

Tax-levying jurisdictions have to grapple with the tension between affording taxpayers a right to effective remedies and the revenue authority’s responsibility to efficiently and effectively collect taxes. This article shows that, in the main, jurisdictions tend to follow a rule-exception approach in terms whereof they deviate from their stance on whether or not disputed tax claims should be recovered pending the adjudication of the dispute in certain instances. This ensures proportionality to ensure that appropriate means are used to obtain policy objectives. Nonetheless, some jurisdictions apply the principle of “solve et repete”, in terms whereof taxpayers cannot challenge the assessment before they have paid at least part of the assessed amount. This is devoid of any proportionality and highly questionable from a fundamental rights perspective. This article further considers the cross-border recovery of disputed tax claims and points out that the requesting tax authority should thoroughly examine the grounds for taking recovery or precautionary measures in the form of mutual assistance while the tax claim is still disputed. It must set out its considerations in its request so that the requested tax authority can assess whether action on a disputed claim is compatible with the public policy of the requested state. In that regard, the justification of a request to enforce a disputed claim is of high legal relevance for the requested tax authority and, if it is missing, the assistance has to be denied.

Morphological and molecular characterization of puparia of Piophilidae species of forensic relevance.

Piophilidae are a small family of Diptera with a worldwide distribution and which are historically associated with human activities. In addition to their economic importance, piophilid larvae can also be of medical and legal relevance. Within a medicolegal context, piophilids are frequently associated with cadavers in advanced stages of decomposition, thus being potentially useful forensic indicators and they have been reported also from archaeo-funerary contexts. An accurate species identification is therefore an essential prerequisite to ensure the reliable analysis of insect material in medical, forensic and archaeological investigations. Identification of the adult piophilid flies is possible because of the availability of identification keys, in contrast immature insects, especially puparia, have been poorly investigated and described. In this paper, puparia of 11 species of forensic interest (Piophila casei, Piophila megastigmata, Parapiophila atrifrons, Parapiophila flavipes, Parapiophila vulgaris, Protopiophila litigata, Liopiophila varipes, Prochyliza nigrimana, Prochyliza xanthosoma and Stearibia nigriceps in subtribe Piophilina and Centrophlebomyia furcata in subtribe Thyreophorina) are described and a molecular analysis, based on the COI sequencing, is presented to show the potential of the molecular approach in their identification.

Uloga i značaj međunarodnog administrativnog prava u regulisanju statusa službenika međunarodnih organizacija

The aim of this article is to identify, starting from the theoretical framework for considering the activities of international organizations and relevant institutional practices, the basic factors of the legal status of international officials as established in the rules of international administrative law. The article, first of all, defines the concept of international administrative law. Then, the article clarifies the international legal framework for the autonomous regulation of the status of international civil servants by international organizations, and it analyzes the legal sources of international administrative law. Finally, the article points to the influence that international administrative tribunals had on constituting international administrative law and ensuring its effectiveness. The article demonstrates that the basic features of the international civil service are contained in the fact that international organizations, as independent subjects of international law, autonomously regulate issues of importance for their functioning by adopting their own rules. The article also showed that the effectiveness of international administrative law is ensured through the operations of the international administrative tribunals, as a type of judicial body established within the institutional system of an international organization. The article concludes that international administrative law is particular for each international organization, but that there is a similarity between certain concepts and principles that exist in the rules of various international organizations. Considering importance of the international officials in executing the functions of an international organization, international administrative law, as a legal framework that regulates their position and guarantees their independence from individual governments, is of essential legal relevance for the smooth operation of the international organization as an international legal person.

Zabluda u krivičnom pravu Republike Srbije

The paper presents the institution of mistake (error) in our criminal law, focusing on its legal regulation as a ground for exculpation. The fact that mistake is a psychological and legal concept whose meaning includes several substantial elements is acknowledged. The legal relevance of mistake contributes to its various treatment in legislation. Given that criminal law, as a branch of legislation, deeply engages with human rights, mistake becomes a crucial institution for excluding the guilt of a perpetrator. Depending on the type of mistake, and the legal and situational circumstances in which it is considered, two main categories can be recognized: mistake of fact (error facti) and mistake of law (error iuris). Their effect must be evaluated in the contest of a specific criminal case. This paper will elucidate the general term and types of mistakes, exploring their effects on the culpability of the perpetrator of the criminal act.

The Legal Relevance of a Physical Search as an Extra Obligation to a Register Search in Combatting Fraud: an Analysis of the Conveyancing Practice in Uganda

The Legal Relevance of a Physical Search as an Extra Obligation to a Register Search in Combatting Fraud: an Analysis of the Conveyancing Practice in Uganda

Párhuzamok jogi kultúránk zsidó-keresztény és római jogi gyökerei között

On 3 June 2022, the Faculty of Law of the University of Pécs hosted an interdisciplinary conference, where linguists, ancient historians, Roman jurists, rabbinical jurists, canon lawyers, legal philosophers and legal historians discussed the question, the influence of the Old and New Testament legal orders on the European legal culture, and the extent to which there is a parallel between the biblical and Roman legal roots of our legal culture. This volume contains 15 papers whose authors have contributed to this multifaceted discussion of this vast subject in the framework of the research project ’The Legal Relevance of the Vetus et Novum Testamentum. Parallels between the Jewish-Christian and Roman Law Roots of our Legal Culture’ of the Dezső Márkus Research Group for Comparative Legal History. In this introductory paper, the research questions and methodology are presented by the project leader.

Súdne spory v oblasti transferového oceňovania na Slovensku – relevancia OECD smernice o transferovom oceňovaní

The legal relevance of the OECD TP Guidelines in Slovakia has already been addressed in the previous literature with the seemingly surprising conclusion that despite its general acceptance in practice, it is not a source of law and the principle of iura novit curia does not apply to it. The object of this article is to supplement the existing state of knowledge by identifying the reasons that led to the procedural tactics of taxpayers who challenged the OECD TP Guidelines and its legal relevance en bloc in Slovakia and formulating considerations on how the OECD TP Guidelines should be approached in both application and judicial practice. Disputes between taxpayers and tax administrators to date indicate that there are fundamental defects in the approach to the OECD TP Guidelines, where its individual sentences are referred to as legal norms, which inevitably leads to disputes over the interpretation of this non-binding (soft law) document. Thus, a prerequisite for the OECD TP Guidelines to be enforced is their consistent application by both taxpayers and tax administrators. However, despite the above, it cannot be reasonably expected the OECD TP Guidelines would be relevant in the event of litigation. None of the statements contained therein are capable of overcoming the factual situation established by the evidence gathered (i.e., establishing a legal fiction) or of completing the factual situation where it is not apparent from the evidence (i.e., establishing a legal presumption). The key in a dispute before the court will therefore always be a proper finding of the facts and precise reasoning in any tax assessment decision. This understandably raises the demands on the quality of the tax administrator’s reasons for its decisions.