Legal Unification Research Articles

The Impact of Regional Economic Integration on International Commercial Law: The Cases of the EU and ASEAN

This paper explores the profound impact of regional economic integration on international commercial law by analyzing the cases of the European Union (EU) and the Association of Southeast Asian Nations (ASEAN). The study first outlines the theoretical foundations and main types of regional economic integration. It then delves into the high degree of legal unification in the EU and the flexible legal coordination in ASEAN. By comparing their legal systems, corporate law, contract law, and dispute resolution mechanisms, the paper reveals how the EU plays a leading role in international commercial law through its strict legal framework, while ASEAN achieves regional cooperation through non-binding consensus mechanisms. The research finds that regional economic integration not only enhances legal standards and innovation in international commercial law but also significantly impacts the legal compliance and business operations of multinational enterprises. The paper concludes with policy recommendations to strengthen regional legal cooperation and further harmonize international commercial law, and it suggests future research directions, including the impact of other regional economic integration organizations and deeper studies into specific legal fields.

Addressing Fragmentation in Vietnam’s Data Protection Laws: Recommendations for a Unified Legal Framework

Addressing Fragmentation in Vietnam’s Data Protection Laws: Recommendations for a Unified Legal Framework

The Importance of Surveyors and GPS Technology in Systematic Land Registration in Georgia: A Study of the Challenges and Opportunities

The purpose of this work is to explore the historical and contemporary importance of land registration, focusing on the crucial role played by Georgia’s surveyors. The paper concentrates on the combination of GIS-based state systems with GPS PlateTalk map registrations to resolve conflicting cadastral information as well as for accurate ownership record keeping. The Georgian absence of a unified legal and administrative framework significantly complicates land boundary delineation leading to disputes among surveyors. To standardize surveying practices and improve accuracy, an all-encompassing legal framework must be put in place. The study adopts historical, comparative legal, and hermeneutic research methods using examples from Germany and Holland that demonstrate how such advanced technologies as drones, LiDAR, and blockchain can enhance the precision, speed, and security of survey practice. Furthermore, professional education investment must be increased in both teachers and attorneys who are also informed about Geoinformation Systems (GIS), thus enabling them to perform their functions properly when it comes to law matters concerning land registers. Conclusions urge policy-makers to invest in modern technological gadgets as well as engage in legislative reforms that would make their cadastral systems stronger. That would result in the creation of robust cadastral systems by investing in modern technology as well as carrying out legal reforms that would modernize their existing cadastral systems.

IUS Constituendum Of Cross-Border Insolvency Regulation In Asean (Analysis Of The Uncitral Model Law On Cross-Border Insolvency And The European Union Regulation On Insolvency Proceedings)

Currently, ASEAN has an economic integration program that is stated in the ASEAN Economic Community Blueprint. As is well known, the European Union is the only regional organization that has succeeded in creating economic integration in its region supported by a unified law. One of the legal unification that needs to be initiated by ASEAN in supporting its economic integration is cross-border insolvency regulation. Some international legal instruments that can be a reference for the establishment of the ASEAN Cross-border Insolvency Regulation include the UNCITRAL Model Law on Cross-Border Insolvency and EU Regulation 848/2015 on Insolvency Proceedings. However, the comparison between ASEAN and the EU is not equivalent. ASEAN is a regional organization that is intergovernmental in nature, while the EU is a regional organization that is supranational in nature. Therefore, the comparative approach and statute approach are the right approaches in this article's writing. As for the research method used in this article writing is normative research. The objectives of this article are to describe the legal personality of ASEAN and the European Union in relation to the establishment of cross-border insolvency regulation and provide an overview of the substance of the UNCITRAL Model Law on Cross-Border Insolvency and EU Regulation 848/2015 to provide a reference for ASEAN to from cross-border insolvency regulation.

The Modernity and Legal Unification of the Portuguese-Spanish-Ibero-American Legal Culture in the 19th and 20th Centuries

The topic of legal culture[1] is much broader and more comprehensive than its richness of thought could be perceived in the context of an article. Connecting law to the concept of culture is a relatively recent phenomenon. The concept of culture dating from the middle of the 19th century and still accepted today is that culture means everything that has been created through the physical and mental work of human society. At the beginning of the 20th century, German jurist Kohler regarded contribution to the advancement of culture as the most important task of law and jurisprudence. For him, law is a creative science which evolves to satisfy the needs of society. Professor Radbruch from Germany defined law as a cultural power, a component of culture. Zjelmann saw the main value of comparing laws in that it allows law to be perceived as a cultural phenomenon.

العرف كمصدر تشريعي وأثره في إطار الشريعة الإسلامية والقانون الوضعي

This research aims to shed light on customs as a legislative source in both Islamic and statutory law. Customs are considered one of the legislative sources under the provisions of Islamic Sharia and statutory law, and they have an impact on both, in addition to the authority they hold as evidence. The research examines the advantages, pillars, and effects of customs. Islamic scholars have paid significant attention to customs, setting regulations for them, and considering them a legitimate source as long as they do not contradict a definitive text or legitimate evidence. Customs have also influenced secular laws and have been an important source for them. Unlike statutory law, customs in Islamic jurisprudence are subject to strict conditions, whereby the beneficial custom is approved, and the harmful one is annulled. However, secular law, which makes custom binding on individuals, may adopt both beneficial and harmful customs due to the lack of distinction between them, provided they are consistent with the law and do not contravene public order. Islamic jurisprudence requires the presence of the moral element in customs, without addressing the material element, unlike secular law which requires the presence of both material and moral elements. As a result of the variations in customs within a single country according to regions, the legal unity of customs is negated, contrary to the law. Additionally, some sections of the law do not align with customs, as is the case with penal law where there is no punishment except by text, whereas custom is considered in private, international, civil, administrative, and constitutional law. The study recommends examining examples and applications based on customary practices, since customs are not documented. It suggests that authorities responsible for issuing fatwas and judicial decisions document the prevailing and practiced customs among individuals to rely on them during judgments, fatwas, and dispute resolution.

Managing Climate Change in Malaysia Using Artificial Intelligence (AI): Challenges and Sustainability Through Unified Legal Policy

Managing Climate Change in Malaysia Using Artificial Intelligence (AI): Challenges and Sustainability Through Unified Legal Policy

Interfaith Marriage from a Legal Justice Perspective After The Supreme Court's (SEMA) 2023 Circular Letter

Supreme Court Circular Letter No. 2 of 2023 aims to ensure unity and legal certainty in interfaith marriage. This study used normative methodology. The results showed that from a juridical standpoint, it holds legal recognition and binding force under Law 12/2011 and the Supreme Court Law. Sociologically, it aligns with prevailing social realities. Philosophically, its establishment seeks to foster legal unity and certainty. However, its implementation falls short of optimal due to incomplete fulfillment of legal justice aspects, particularly regarding legal certainty per Gustav Radbruch's perspective and requires evaluation through John Rawls' justice principles, particularly concerning equality.

Prescription of the Decedent’s Debts, Dating From the Time of Old Austrian Civil Code From 1811 (ABGB) in Slovenia and Croatia

The establishment of the first Yugoslav state in 1918 was, from a legal point of view, the merger of six quite different legal traditions into one common state formation, and did not bring with it immediate legal unification, which was most evident in the field of civil law. Austrian Civil Code (ABGB) of 1811, as an interesting and endurable sub-type of transnational law, governed almost exclusively, with minimal differences, civil law in most of the territory of the present-day Slovenia and Croatia. Its legal rules survived the Second World War and were applied well into the late 1970s, in part even until the enactment of the new Slovene Code of Obligations in 2002 and the Croatian Obligations Act in 2005. However, since ABGB as a source of law has never been definitively abrogated, its legal rules are still applicable for deciding disputes in both countries, even in the case of the liability of heirs for the deceased’s debts, if the related contract of delivery was concluded as far back as 1960.

КОНЦЕПТУАЛЬНЫЕ ХАРАКТЕРИСТИКИ РУССКОГО ПРАВОСОЗНАНИЯ И ЮРИДИЧЕСКИЙ МИФ «ПРАВОВОЙ НИГИЛИЗМ»

In the article legal awareness is considered as part of national culture. Legal awareness which is developed to the full extent is one of the key elements of state national security. The authors examine the complex structure of the legal awareness which comprises conceptual, axiological, regulative elements. The interconnection between the national world view with its main concepts and the legal awareness is also highlighted in the article. The authors study the main characteristics of the concept «Law» which were established previously and still have impact on the legal reality. Legal nihilism is considered in the article as one of the deformations of the legal awareness which may turn into a legal myth in the current discourse due to the moral and legal unity in the conceptual framework of Russian legal awareness.

Integration of Religious and Social Values in the Development of the Indonesian Constitution Era 5.0

This study examines the inclusion of Islamic religious and social values in the development of the constitution in Indonesia because it is undeniable that the role of religion brought by the Prophet Muhammad is an inspiration for making laws in the country. The social values of the community or what is referred to as customary law are also integrated into positive law or the Indonesian constitution. This research uses a socio-legal approach. This study concludes that religious and social values of society enter National Law through adjustment to legal values and through system transplantation. The existence of Islamic Law in the Development of National Law identified that the paradigm of Pancasila in which the Islamic legal system is contained and the positivization of Islamic law into national law through several codifications and legal unification has been in the form of laws and regulations. Religious values and community customs are integrated into the constitution of Indonesia, which has the potential to continue to develop along with the times and technology.
 Keywords: integration, religion, social, constitution

Adoption of Children in the Perspective of National Law and its Relation to Religious Courts

The constellation of child adoption from the perspective of national law in Indonesia has received serious attention, but there is still a weak point, namely the absence of legal unity regarding child adoption. The adoption of children is one of the authorities of the Religious Court. The competence of religious courts is affirmed in Article 49 of Law Number 3 of 2006 concerning Amendments to Law Number 7 of 1989 concerning Religious Courts. The procedures and requirements for submitting applications for child adoption have been regulated in detail and concretely in various child adoption regulations, including Government Regulation Number 54 of 2007 challenging the Implementation of Child Adoption. There should be legal unity, namely a law-level regulation governing the adoption of Indonesian children. The government should socialize the strengthening of the position and authority of religious courts in the adoption of children for Muslims. Socialization is needed so that the purpose of laws and regulations governing the norms of the adoption of children for Muslims is in accordance and in line with the objectives of applicable law. Muslims who wish to adopt children should be carried out in religious courts as absolute and representative authority for the practice of Islamic law.
 Keywords: adoption of children, national law, religious cou

About Free economic zones

The article explores the concept of a free economic zone. It is determined that the concept of a free economic zone is not formally updated, but in a collective understanding it is actively used by many specialists in practical circulation. The authors give arguments about the functioning of a free economic zone in Russia and analyze the general position of such zones in the world. The experience and practice of the functioning of free economic zones in the country are diligently monitored, but the main monitoring is concentrated at the Ministry of Economic Development of Russia, whose reports provide positive indicators. The article discusses a cross–section of reporting data reflecting only the functionality of territorial development zones, territories of advanced socio–economic development, special economic zones. Based on a sample of reporting data and discussion of the opinions of various experts, the authors present possible variations of the expansion of the types of free economic zones. In particular, it is proposed to consider options related to meeting the needs of socially low7income citizens, pensioners and other categories of persons in need of assistance and support from the state and society. Thus, it is essential to update the concept of «free economic zone» at the legislative level and to form a unified legal message of the types of such zones.

FORMATION OF A SYSTEM OF OBJECTS OF CRIMINAL LAW PROTECTION IN THE THEORETICAL MODELING OF THE CRIMINAL LAW ON CRIMES IN THE FIELD OF ECONOMIC ACTIVITY

Allocation of unified system-forming criteria for classification (generalization) of objects of criminallaw protection of economic activity (Chapter 22 of the Criminal Code of the Russian Federation). Usingthe methods of cognition: comparative analysis, dialectical, sociological, the author of the study coming to conclusions: 1) the current system of objects of criminal law protection is represented by extremely diversesocial relations, which should not infrequently be fixed in other chapters and sections of the criminallaw; 2) despite the variety of objects, it is possible to identify common grounds for combining all criminalencroachments into a common system, in this case it is necessary to take as a basis separate elements of socialrelations: the subject, the subject or the content. The author comes to the conclusion that harm is caused tothe subject of public relations in all cases, respectively, when determining the system of objects, it is necessaryto establish which element — the subject or content is the most significant for society, and accordingly, acriminal law protection regime is introduced in relation to it. The author of the scientific work proposes toestablish the “priority of protection” in relation to the most significant element of public relations. Such anapproach will allow us to achieve several independent, significant goals: to systematize the total volumeof objects of criminal legal protection, to identify criminal encroachments that are not related to economiccrimes, to develop unified legal and technical rules and models for formulating the disposition of criminallaw norms. The work is theoretical in nature and is aimed at developing a fundamental model for reformingthe criminal legislation of the Russian Federation on responsibility for crimes in the sphere of economicactivity, both within the framework of the current Criminal Code of the Russian Federation, and in the caseof the development and adoption of a new criminal law

Dualism of Non Litigation Dispute Settlement in Sharia Economics at Basyarnas and Alternatif Dispute Resolution Agencies

The legal norms governing the resolution of sharia economic disputes in Basyarnas and LAPS OJK have created the legal dualism. it can be analyzed based on the choice of law, the choice of forum, and nature of the decision. This research uses normative legal methods to analyze problems qualitatively. It can be concluded that first, the dualism of resolving sharia economic disputes in Basyarnas and LAPS OJK can be seen from four aspects, namely legal sources, legal subjects, legal structures and legal facts. secondly, the POJK clause which requires the financial industry to become members of LAPS has violated the principles of choice of law and choice of forum of the parties. Third, Basyarnas' competence in resolving disputes by means of arbitration has had a legal relationship with the court to exercise executor authority, while the OJK LAPS has not. Apart from that, the OJK in this case seems very strong because apart from being a regulator, it is also an operator and even interferes with the duties and functions of the judicial power. The author suggests that legal unification is needed to create legal certainty.

Legal pluralism for whose sake? Ottoman law, Greek jurists, and religious privileges

At the turn of the twentieth century, Greek jurists insisted that the Ottoman Empire was legally pluralistic. While one jurist acknowledged the Sultan's ‘political purpose' in respecting the Greeks' privileges, another denied Muslims any agency free from Sharia. The alleged incommensurability between the Christian and Islamic law was their common agenda. Greek historians, on the other hand, saw the privileges as the Turks’ sign of goodwill, and emphasized the civilizational gap between the Catholic West and Ottoman East. Being a normative expression rather than a neutral description, legal pluralism functioned as a method of neglecting the Muslim quest for legal unity.

Indicators and Manifestations of the Balancing between International Carriage Parties according to the Rotterdam Rules

The regulations and rules governing maritime transport were not uniform among countries. Such uniformity is due to a failure to accede to a single convention. Countries were either acceded to or withdrawn from the Brussels Convention, and acceded instead to the Hamburg Convention, and so on. As a consequence, international maritime transport provisions no longer have the status of legal unification, making international commercial transactions unstable, in addition to the development in international trade and maritime transport in particular, such as reliance on containerized transport, use of technology in Multimodal transportation and consideration of door-to-door transport as a phase of maritime transport. In response, the United Nations Commission on International Trade Law (UNCITRAL) undertook to prepare a new draft convention on contracts for the international carriage of goods wholly or partly by sea ("Rotterdam Rules"), which was adopted on 11 December 2008. The texts of that Convention are international substantive rules concluded within the framework of an international organization (United Nations), representing a binding and acceptable global regulation, which contain solutions compatible with the relevant international treaties and a balance of the responsibilities and obligations of all parties (carrier and shipper) engaged in the international carriage of goods and associated third parties, And this balance was brought by the rules with many indicators in their rulings that indicated it which govern all different modes of transport as one contract. This is what the study deals with by presentation and analysis, leading to the confirmed results.

Propuesta de unificación procesal penal internacional

This research addresses the issue of the unification of the criminal process, based on the idea of many intellectuals of being able to build an international legal order that harmonizes the procedural norms by virtue of which it is necessary to investigate, accuse and judge the people who commit in conducts that can be considered crimes. Although the proposal may have defenders and detractors, nowadays so many doctrinal foundations are not required to support the claim to unify the Law. The universe has shown signs of legal unity in Latin America and Europe, and international instruments on human rights and model procedural codes have also been approved, which serve as the basis for the creation of procedural codes in the states. In the procedural sphere, there is consensus that the problems of crime in the international community are similar and the general rules of criminal procedure with which crime must be faced are similar. At the beginning of the research, the relationship between Comparative Law and procedural Unification is referred to and finally a proposal of methodological and structural principles that can contribute to the alleged legal unity is made.

The Scope for Greater Alignment between the Council of Europe and the European Union in Sport through the Saint-Denis Convention

The intersections of security, safety, and wider human rights concerns have long accompanied the hosting of global sport mega-events. This was highlighted in clear unmistakeable terms following the chaotic scenes which came to characterise the Champions League Football Final in Paris, 2022. Against this wider context, this intervention paper argues for greater legal and regulatory alignment between the Council of Europe (CoE) and the European Union(EU) through sport, which we suggest can be achieved by greater adherence by the latter organisation to the CoE’s Saint-Denis Convention. Underpinning this suggestion is the two-fold contention that in view of sport representing a shared priority for both organisations, in addition to Europe being a site of key global sport mega-events, more cohesion and consistency between both organisations in terms of their approach to sports law and policy would contribute to greater European-wide legal unity and certainty from a sporting perspective.

In Search of Ummah Welfare Model: The Revitalisation of Sharia Economic Law in Indonesia

Sharia economic law in Indonesia has been revitalised through legal unification and codification to improve national economic development. In this context, the Sharia economy has become a guideline in every transaction. Therefore, people must understand the Islamic economic concept to create maslahah (goodness) in every aspect of life. Sharia economic law is not a new system, as it has been implemented since the era of the Prophet. However, there is a need for adjustment in the implementation of the Sharia economic law from time to time to enable it responding the current development. This study employs qualitative inquiry, using library research to analyse Sharia economic law's history and legal development. Legal documents used include state laws and regulations, the regulations of the Bank of Indonesia, the fatwa of DSN-MUI, and others. This paper argues that the revitalisation of the Sharia economic law in Indonesia is in line with the efforts made by the predominantly Muslim population to conserve and develop the system. This includes non-legalised and legalised implementation of the Sharia economic system, such as Sharia banking. Furthermore, the system does not contradict the value of Pancasila and the 1945 Constitution’s pillars of the Unitary State of the Republic of Indonesia. Sharia economic law, prioritising moral and religious principles, has proven to create maslahah and become a solution to the economic crisis. This was shown by the survival of Sharia banks during the 1998 economic crisis, maintaining the Sharia-standardised contract to create justice in society.