National Legislation Research Articles

INTERNATIONAL COOPERATION IN COMBATING CORRUPTION AND MONEY LAUNDERING

The study addresses the critical issue of international cooperation in countering corruption and money laundering, emphasizing its relevance for Ukraine, particularly in European integration and ensuring economic security. The primary aim of the research is to analyze and propose innovative mechanisms for enhancing international collaboration to combat these financial crimes effectively. The methodology integrates a comprehensive approach, including comparative analysis, structural-functional methods, and a synthesis of best practices from leading international organizations such as MONEYVAL, FATF, and the European Banking Authority. Key findings demonstrate that adopting international standards and continuously improving financial monitoring systems significantly bolster the efficiency of counter-corruption efforts. The study highlights the importance of leveraging advanced technologies, fostering partnerships, and enhancing global information exchange between financial intelligence units. Results indicate that Ukraine's integration into international frameworks facilitates the alignment of national legislation with global norms, ensuring robust mechanisms for detecting and preventing illicit financial activities. Additionally, the research identifies the critical role of public-private partnerships and the integration of machine learning technologies to enhance the predictive capabilities of anti-corruption systems. Practical implications include recommendations for optimizing Ukraine’s regulatory environment, establishing centralized databases for risk assessment, and enhancing the capacity of national financial monitoring institutions through collaboration with international counterparts. These steps are pivotal for creating a transparent and resilient financial system compliant with international standards. Furthermore, the study suggests the development of specialized training programs for professionals engaged in financial monitoring and promoting international dialogue through joint forums and workshops. The findings underscore the necessity of institutional reforms and strategic planning in shaping a unified and efficient global anti-corruption system. By addressing these priorities, Ukraine can strengthen its role as a reliable partner in the international fight against corruption and money laundering.

The Derivation of Acute and Chronic Environmental Quality Standards for Nickel in European Surface Waters: A Demonstrable need to follow scientific evidence.

Environmental Quality Standards (EQS) derived under the European Water Framework Directive are legally binding and enshrined in individual European Member State Country national legislation. These EQS are derived following well-established guidance documents. In 2013, EQS for nickel were derived for freshwaters to be protective against long and short-term exposures, at 4 and 34 µg L-1, respectively. The value for long-term exposures uses chronic ecotoxicity data and accounts for bioavailability, whereas the short-term value uses acute data and does not account for bioavailability. In 2022, the European Commission revised these values as part of the on-going legislative process. Despite an increase in available data for both chronic and acute ecotoxicity endpoints, the update and development of chronic and acute Biotic Ligand Models (BLMs) published in peer-reviewed literature, and the accessibility of vastly more monitoring data (used in the European EQS derivation), the values for the nickel EQS were reduced by increasing the assessment factors, to account for increases in apparent uncertainties. The Commission's 2022 derivation failed to consider additional chronic data for more than 20 species as well as the updated and new acute and chronic BLMs. As a result, the derived nickel EQS is limited in its applicability and relevance to European freshwater ecosystems, as illustrated in practice by the observation that monitoring sites can comply with the chronic EQS but fail the acute EQS. Here, we provide an explanation as to why this has occurred and detail what it means for the risk assessment of nickel in European Member State freshwaters. Finally, we outline a path forward, that should be relevant for any risk-based and evidence-driven regulatory framework and acknowledging that political decisions are part of the process, but that these should be separate and after scientific aspects are undertaken.

Air Quality of Bursa: Temporal and Spatial Evaluation of PM10, PM2.5, NO2 and SO2 Pollutants Using IDW Geostatistical Technique

One of the most significant environmental issues is air pollution. Human health is negatively impacted by this issue in addition to the environment. In this study, spatial and temporal analysis of particulate matter 10 (PM10), particulate matter 2.5 (PM2.5), sulfur dioxide (SO2) and nitrogen dioxide (NO2) pollutants for 2022 was conducted within the provincial borders of Bursa, Turkey. The monthly and seasonal air pollution maps have been generated using 24-hour measurements obtained from air quality monitoring stations within the city. Data for PM10, PM2.5, SO2, and NO2 were utilized in the creation of these maps. The pollution maps were analyzed based on the criteria outlined in the World Health Organization (WHO) report, as well as the limit values set by the European Union and the national regulations. According to the results obtained, the amount of pollutants in summer is lower than in winter. While PM10 was on average 39.32 μg/m³ in the summer months, it exceeded the national legislation by 3.09% in the winter. When evaluated during the average summer season, the concentrations of PM2.5 and SO2 were observed to be 19.29 μg/m³ and 5.82 μg/m³, respectively. In contrast, during the winter season, the concentrations were found to be 47.30 μg/m³ for PM2.5 and 11.07 μg/m³ for SO2. There is no legal limit for PM2.5 in national legislation. SO2 was found to be below the specified legal regulations. While NO2 was on average 25.13 μg/m³ in the summer months, it exceeded the national legislation by 9.74% in the winter. The main sources of pollutants in the region were examined and according to the findings, factors such as the city being an industrial zone and high traffic density increased the pollutants. The results of this investigation show that air pollution poses a significant issue in Bursa.

Artificial Intelligence in Medicine: Legal Pathways to Sustainable Development Goals (SDGs)

Objective: The objective of this study is to examine the civil liability implications of errors associated with artificial intelligence (AI) technologies in healthcare, with the aim of proposing comprehensive legal frameworks to regulate AI’s integration into the sector. This research seeks to align AI advancements with international standards and sustainable development goals, particularly SDG 3 (Good Health and Well-Being) and SDG 16 (Peace, Justice, and Strong Institutions). Theoretical Framework: The research is grounded in international human rights conventions, national legislation on data protection, and frameworks such as the World Health Organization’s guidelines and the Council of Europe Framework Convention on Artificial Intelligence, Human Rights, Democracy, and the Rule of Law. These provide a robust foundation for exploring the legal and ethical dimensions of AI in healthcare. Method: A qualitative research approach was adopted, analysing legal documents, international standards, and case studies to assess the regulatory challenges of AI in healthcare. The study also reviews best practices from jurisdictions effectively addressing AI’s legal and ethical implications. Results and Discussion: The findings reveal significant gaps in existing legal frameworks governing AI in healthcare, particularly in areas of accountability and data protection. The discussion contextualizes these gaps within the theoretical framework, emphasizing the need for proactive legislative measures. Challenges such as algorithmic bias, transparency, and equitable access to AI technologies are critically examined. Research Implications: The study underscores the necessity for Omani legislators to adopt robust regulatory measures, ensuring accountability and alignment with international best practices. These measures can enhance healthcare quality and contribute to sustainable development. Originality/Value: This study contributes to the literature by addressing the underexplored legal and ethical challenges of AI in healthcare within the context of sustainable development. It offers actionable recommendations for policymakers, emphasizing the responsible and ethical use of AI to advance medical innovation and protect human rights.

Universal design: renewing an “old” paradigm to realise Australia’s SDG commitments to equality and decent work for all

PurposeAustralia is failing to meet its sustainable development commitments in areas linked to social and economic equality and decent work for all. Decent work for all, not some, by 2030 requires rethinking current approaches if Australia is to meet this aspirational target. This discursive paper aims to reinvigorate discussion about how Australia can progress its sustainable development goal (SDG) commitments to reducing inequality and creating decent work for all.Design/methodology/approachApplying a critical lens to current approaches to reducing workforce inequality through diversity management [diversity, equity and inclusion (DEI)] in Australia, this article argues that current approaches alone will not progress Australia’s SDG commitments and proposes universal design (UD) as a human rights-based approach for realising these SDG commitments. An entry point for critical scholarship is to interrogate concepts and categories. Thus, this paper interrogates the concepts of “diversity” within the context of workplace DEI.FindingsUD can support and uphold the SDG commitments if embedded as an underpinning paradigm within a human rights-based best-practice framework. This is in keeping with growing calls for Australia’s national policies and legislations to be grounded in human rights legislation and policy that leaves no one behind. UD is proposed as an opportunity to do just that.Practical implicationsGiven Australia renewed its SDG commitments now is an ideal time to reinvigorate discussion about how best to reduce inequality and create decent work for all as there is a receptive political-economic context to enable such reform.Social implicationsThis paper considers the inherent limitations of current DEI approaches for reducing inequality, raises awareness of potential harms associated with ‘othering’ and shows that current practices can unintentionally hinder progress towards decent work and equality.Originality/valueThis paper extends current thinking about UD by considering its application beyond “disability inclusion” to explicitly explore the UD paradigm as a means to realise Australia’s SDG commitments and ensure no one is left behind.

Japanese space policy: An international legal perspective

Japan’s advancements in technology and its strategic focus on space policy have driven swift advancements in the field, attributed to Japan’s ability to balance scientific exploration, industrial growth, and national defense. This article examines Japan’s national legal framework governing space activities. The key pieces of legislation analyzed are the Law Concerning Japan Aerospace Exploration Agency of 2002, the Basic Space Law of 2008, the Act on Launching of Spacecraft, etc. and Control of Spacecraft of 2016, the Act on Ensuring Appropriate Handling of Satellite Remote Sensing Data of 2016, and the Act on the Promotion of Business Activities for the Exploration and Development of Space Resources of 2021. The analysis of these activities is conducted in accordance with the relevant international space legal framework. The article delves into the shift in Japan’s space policy from “non-military” to “non-aggressive” in 2008 and its impact on national legislation. An examination is provided of the fourth law in the world (following similar actions by the USA, Luxembourg, and the UAE) concerning the exploitation of natural resources of celestial bodies, enabling private entities to conduct exploration and extraction activities. This is especially noteworthy given the lack of direct international legal oversight on space resource utilization. This article also examines Japan’s international legal space policy, including the Japan-U.S. Framework Agreement on Cooperation in the Exploration and Peaceful Uses of Outer Space, including the Moon and Other Celestial Bodies 2023, in light of the particularly close Japan-U.S. cooperation in space exploration and use. Japan’s enactment of a law regarding the exploration and exploitation of natural resources of celestial bodies, along with Japan’s participation in projects such as Artemis, Lunar Gateway, and Hakuto-R, demonstrates its growing role in international space projects and its pursuit of the closest possible cooperation with the United States in ensuring national security through the use of outer space. The conclusion offers summarizing statements.

The right to opt out: a comparative analysis of exemption schemes in Scandinavian public schools and the impact of cultural bias

ABSTRACT As societies become increasingly diverse, questions arise about how the state can accommodate cultural and religious plurality while safeguarding fundamental human rights, such as freedom of religion and the right to education. Despite contextual variations, many states and education systems are affected by common supranational processes and face many of the same legislative challenges in drawing boundaries between what is considered religion and non-religion in public schools and in identifying those subjects and activities from which pupils should be entitled to exemption based on their religious backgrounds or worldviews. Through a comparative analysis of the exemption schemes in Norway, Sweden, and Denmark, we explore the intersections between religion, law, and education, and discuss the interplay between national legislation and international law in the three countries’ school systems. By comparing the national jurisdictions in Norway, Sweden, and Denmark, we examine different exemption procedures and discuss how religion and religious rights are understood and regulated legally, negotiated educationally, and adapted domestically. The analysis shows that Scandinavian public schools’ exemption schemes, deeply intertwined with Christianity’s influence, exhibit varying degrees of accommodating pupils’ and parents’ rights to opt out of religious education and activities, reflecting differing national approaches to religious and philosophical convictions.

E-government and the Legal Culture in Eastern European Countries

The article aims to investigate the crucial elements of e-government progress contingent on the extent of legal culture in Eastern European nations, namely the Czech Republic, Poland, and Ukraine. The analysis focuses on the stages and requirements for implementing and developing e-government based on the evaluation of the E-Government Development Index (EGDI) in specific Eastern European nations. The benefits and opportunities that offer e-government for governments and citizens are given. The main barriers that the countries have to overcome to reach the higher level of digital technology integration are defined. Outlines the role of regulatory framework, transparency, accountability, citizen engagement in eGovernment development. The scientific study pays much attention to the peculiarities of national legislation of Eastern European countries in the context of global digitalization and integration of state data into the global space. Positive practices and the existence of existing problems in the implementation of the concept of e-government are shown. The conclusions propose measures to improve the development of e-government.

Formation of wood obstructions at bridges: processes, related problems, and prediction tools

The primary cause of many bridge collapses is related to hydraulic issues, and the Italian technical standards for constructions (NTC 2018) offer limited guidance on the design and verification criteria for bridges, especially concerning river processes. Recognizing this gap, a working group dedicated to “Hydraulic Compatibility of Bridges” (sites.google.com/view/gii-ponti) was established in 2021. The group's objective is to develop proposals for good practices and guidelines that assess bridge hydraulic compatibility, providing a foundation for both bridge safety and flood risk analysis. Within this initiative, a working subgroup focused on floating debris is striving to define a methodology for assessing the impacts of wood accumulation on bridges. While wood in rivers is environmentally beneficial, its transport and accumulation at bridges during high-stage events can lead to problematic consequences. Over the past two decades, the scientific community has actively studied wood transport dynamics, accumulation formation at bridges, and their effects on hydraulics and structural stability. Although some methodologies to assess wood-related risk have been incorporated into national legislation or practitioner reports, these implementations vary widely in defining the shape of accumulation, the wood volume assessment and the number of parameters considered. In many cases, qualitative evaluations are used for estimation due to the complexity and high site specificity inherent in wood transport dynamics. This work aims to propose a comprehensive approach, based on the latest research findings, (i) to define the wood accumulation probability at a bridge, (ii) to estimate the size and position of the accumulation, and (iii) to suggest a methodology for the estimation of bridge scour induced by wood accumulation.

The activities of Chinese private security companies as a tool for expanding China’s geopolitical influence

Relevance. The collapse of the bipolar world and the building of international relations in conditions of increasing turbulence have led to the intensification of the use of private paramilitary forces by both states and economic entities to protect their business interests and follow geopolitical priorities. China, being one of the key actors in global economic relations, has been increasing its presence abroad since 2010 by expanding the geography of private security companies.The purpose of the paper is to study the development of the activities of private security companies in China as a tool for expanding geopolitical influence.The objectives are to systematize the features and activities of PSCs; review Chinese national legislation regarding private security companies; study the market for private security services in China; analyze the activities of Chinese PSCs abroad.Methodology. The study has used applied and general scientific research methods, including systemic and comparative analysis, as well as synthesis of information on the topic of the work.Results. The study has examined the reasons for the development of the market for private military and security services, highlighted the main advantages and disadvantages of PSCs, investigated the dynamics of the formation of Chinese PSCs, analyzed the geography of the activities of Chinese PSCs in foreign markets.Conclusion. Given the transformation of the system for ensuring international stability, the states’ demand for private security services has increased significantly. China is armed with a national market for private security companies, some of which operate in foreign markets. The geography of the activities of Chinese PSCs coincides with the geopolitical interests of the PRC and the regions where major investment projects are being implemented.

Some features of the import of alcoholic and alcohol-containing products into the territory of the Russian Federation

In modern conditions, alcoholic and alcohol-containing products make up a significant share of international trade turnover. Meanwhile, the alcohol market in our country is also represented by imported products, and therefore the need has risen to increase the efficiency of customs authorities in order to ensure the economic and political security of the state, as well as the life and health of citizens when moving this group of goods across the customs border, as well as within the EAEU. The optimization of the movement of alcohol and alcohol-containing products marked with excise stamps is of particular importance in the context of the activities of customs authorities, since the collection of excise tax is under the jurisdiction of the Federal Customs Service of the Russian Federation. This publication is devoted to the consideration of some features of the import of alcohol and alcohol-containing products from the perspective of the legislation of the EAEU and the national legislation of Russia.

Health Inspections of Restaurant Establishments in the Attica Region, Greece. Non-compliance Data Within the Food Hygiene Sector.

Ensuring food safety is a fundamental priority for public health. The catering sector has become prominent as a convenient and cost-effective method of food supply worldwide. Adherence to proper food hygiene practices is crucial for preventing foodborne diseases. The inspection of food items is a key component of internal controls that enables the identification of non-compliance with food hygiene standards. The present study aims to assess Attica restaurant businesses' compliance with international food hygiene standards (FAO/WHO Codex Alimentarius) and European legislation on unsafe food. From January to July 2023, 74 randomly selected restaurants of small, medium, and large capacity in Attica were examined through inspections in terms of compliance for food hygiene standards. The inspections were based on (a) the completion of forms and (b) the collection of water and food samples for laboratory microbiological analysis. Data were collected using a predefined form, referencing the manual of Codex Alimentarius regarding food hygiene standards (CAC/RCP 1-1969/CAC/RCP 39-1993). Additionally, the assessment included the identification of unsafe food placement in accordance with Regulation EC/178/2002 on food safety, as well as Greek national legislation (European Commission, 2002; Hellenic Republic, 2006, 2014). The highest non-compliance rates are in "adequacy of facilities" (14.12%), "equipment maintenance and sanitization" (12.30%), "pest control" (12.45%), "personal hygiene" (7.58%), and "efficient separation of raw materials" (9.76%). Non-compliance rates for other food hygiene parameters (cooking practices, meal apportionment, storage, transport, reheating, etc.) were considerably lower. The inspection results showed that medium-sized restaurant businesses present the highest rate (56.41%) of total non-compliance compared to large-sized businesses (29.68%) and small-sized businesses (13.91%). This study demonstrates that restaurant businesses generally adhere to food hygiene and safety standards at a satisfactory level. There is a need for restaurant operators to prioritize enhancing compliance, particularly in addressing critical issues that could potentially result in outbreaks of foodborne diseases.

MARITIME PIRACY AND TERRORISM EMERGENCE AS LEGAL CATEGORIES

This paper explores the emergence of maritime piracy and terrorism as significant legal categories within international law and domestic legal frameworks. Historically viewed as acts of lawlessness on the high seas, maritime piracy has evolved into a complex issue that necessitates comprehensive legal responses. At the same time, maritime terrorism has surfaced as a contemporary threat to global maritime security, closely intertwined with broader discussions of terrorism in international relations. The analysis begins with a historical overview of piracy, tracing its evolution from ancient practices to modern challenges. Key legislative efforts, including the United Nations Convention on the Law of the Sea (UNCLOS) and regional treaties, are highlighted as critical measures aimed at combating piracy. The paper examines how traditional definitions of piracy have adapted to encompass contemporary acts, reflecting significant changes in maritime operations, technology, and geopolitical contexts. The rise of terrorism in maritime settings is analyzed, focusing on high-profile incidents such as the 2000 USS Cole bombing and various cruise ship hijackings. The legal systems’ challenges in addressing acts of maritime terrorism are emphasized, particularly given their dual nature as both criminal acts and threats to national and international security. The paper evaluates the legal frameworks that govern maritime piracy and terrorism, discussing international conventions, customary international law, and national legislation. A critical analysis of enforcement mechanisms reveals notable gaps and inconsistencies in legal approaches, particularly concerning jurisdiction, prosecution, and the treatment of suspected pirates and terrorists. The role of international cooperation is underscored, emphasizing the necessity of collaborative efforts between states and maritime organizations to effectively combat these phenomena. The impact of piracy and terrorism on maritime trade, security, and international relations is explored. By addressing the legal intricacies and socio-political dimensions of maritime piracy and terrorism, this study aims to contribute meaningfully to ongoing discourse on global maritime security and the role of law in mitigating these threats.

Proposal for revised criteria for daylight provision in the European daylight standard based on calculations for Swedish multifamily residential buildings

The European Standard EN 17037 was first introduced in 2018 with the aim of encouraging building designers to ensure adequate daylight in buildings. Experience has shown that the standard’s criteria for daylight provision are generally perceived to be too challenging, and this in turn has hindered its implementation in national legislations. This paper proposes a revised illuminance-based criteria for daylight provision using the specific case of regularly occupied rooms in multifamily Swedish residential buildings as an example. In total, 3562 rooms representing typical Swedish residential design are assessed. Two sets of criteria for dwellings are proposed; one based on a fixed illuminance, another based on a fixed area fraction. Both have three levels of ambition, in which the lowest would result in approximately two-thirds of the investigated Swedish dwellings reaching compliance. This is the same compliance rate as for the current national legislation. The implications of three proposed criteria on residential design are also discussed. While results are given for the Swedish context, the proposed criteria could be generalized for use in other European countries. The intention of this proposal is to allow for a wider application of the daylight standard within residential construction across Europe.

International strategies for mainstreaming gender equality and women's rights in national legislation

International human rights standards ensure equality and non-discrimination for all individuals, regardless of gender or sex. Both women and men are entitled to enjoy all human rights and fundamental freedoms. This study examines how transitional societies in post-Soviet countries have adapted this concept into law and fulfilled their international commitments alongside national obligations. The analysis is framed through the lens of international human rights obligations and the Sustainable Development Goals Agenda. The research also assesses the role of women’s human rights organizations, with case studies from Georgia and the Republic of Moldova. The findings, conclusions, and recommendations are presented in the study.

ازدواجية الجزاء عن انتهاك الحق في الصورة في ضوء القانون المغربي

The right to image is one of the most important rights that fall within the elements of private life. It has been subjected to serious violations today due to technological development and the wide spread of media and social media, which has prompted various comparative and national legislations to enact criminal and civil penalties related to the violation of this right. This research aims to discuss the criminal penalty for infringement of the right to image and compensation as a civil penalty for infringement in light of Moroccan law, based on an analytical and critical approach to the contents of legal texts and the national experience with foreign counterparts. It was found that the criminal sanction under Law No. 13-103 and the civil sanction under the Press and Publication Code constitute one of the main guarantees adopted by the national experience in order to establish the protection of the right to image by adopting a criminal and punitive policy while trying to reconcile individual rights and freedoms on the one hand and requiring the right of the state to punish on the other hand. By analyzing the contents of the texts regulating it, it is clear that there are still some points that make the protection of this right insufficient. The study recommends that the Moroccan national legislator, as well as comparative legislators, to intervene through legal reviews and amendments within the framework of the criminal code, represented by the draft Code of Criminal Procedure, and within the framework of the Civil Code, by drawing clear parameters of compensation to provide a wider scope of protection.

Review of national contaminated land management frameworks in front of the new EU Soil Monitoring Law era-the case study of Greece.

The European Union (EU) currently addresses the issue of contaminated land management through the national frameworks of its member states, as there is no such EU legislation thus far. However, with the introduction of the new EU Soil Strategy and the anticipated Soil Monitoring Law, EU countries are poised to receive a unified legislative tool that is expected to enhance their soil policies significantly. These legislative developments are set to introduce key initiatives such as the establishment of a contaminated site registry and the imposition of restrictions on soil contamination using screening values and soil monitoring practices. Although these advancements are significant, disparities in contaminated soil management practices are likely to remain among countries following the implementation of the new legislation. Presently, Greece's approach to contaminated land management is deemed inadequate, lacking essential policymaking tools, like soil screening values. The primary aim of the study was to compile a database of good practices and lessons learned on contaminated land management as a practical policymaking resource for Greece and other EU member states as well as countries in the pre-accession phase, like the Western Balkans. To achieve this goal, an extensive review of EU and national legislations was conducted, complemented by a questionnaire survey that engaged a diverse group of local and international experts from the EU, the UK, and New Jersey (USA).

GeoDesp: uma Base de Dados que Identifica o Local onde Candidatos Realizam suas Despesas de Campanha

Abstract In this technical note, we present an unprecedented database that solves a major problem in the study of electoral strategies: The lack of data to identify where, when, and how candidates carry out activities during the electoral campaign. The Superior Electoral Court (TSE) has made available the records of income and spending during each candidate’s campaign. Among the many pieces of information contained therein, we collected the bank and branch numbers of the beneficiaries of the transactions indicated by the candidates and cross-referenced them with a list of bank branch addresses in Brazil. From these cross-references, we were able to georeference the spending of candidates for the national legislature for the whole country and thus build a proxy of campaign strategies in the electoral contest. This unprecedented database will allow us to advance our understanding of how electoral campaigns are designed, what strategies are employed, and how the relationship between representatives and citizens takes place, since it will be possible to dissociate campaign efforts from the outcome of the election.

Water protection zones and riparian buffers within the Northern Development Region of the Republic of Moldova

The present research is dedicated to the delimitation of water protection zones and riparian buffers for the protection of the river banks and reservoirs built on their course within the boundaries of the Northern Development Region of the Republic of Moldova. The assessment of the spatial distribution of these areas was carried out on the basis of national legislation using geoinformational techniques. The total area of the protection zones was calculated at 2767 km2. Referring to the river type, about 14.7% of the delimited area is estimated for large rivers, 16.2% for medium rivers, 12.6% for small rivers, 52.6% for very small rivers and 3.9% for streams. The area of riparian buffers reaches 306 km2, which represents about 11% of the area of the water protection zones. The land cover within the boundaries of the Prut River’s riparian buffers is characterized by the highest share of forests, 78%. In the case of the Nistru River, these areas are divided between 28% arable land, 20% forest, 17% grassland.

ELECTRONIC ARBITRATION AS AN ALTERNATIVE MECHANISM FOR RESOLVING E-COMMERCE DISPUTES

Purpose: Technological development and technological advancements have led to the emergence of a new type of electronic transaction known as e-commerce, which has become one of the fundamental pillars of the new global economic system. Theoretical Framework: With the increasing number of disputes arising from e-commerce, there has been a need to explore new methods to resolve such disputes electronically. This has given rise to electronic arbitration, which is characterized by features not found in traditional dispute resolution systems, such as speed, efficiency, low cost, and a higher level of enforceability compared to traditional arbitration. Electronic arbitration aligns closely with the nature of e-commerce disputes. Methodology: This research adopts a descriptive-analytical approach to comprehensively address all aspects of electronic arbitration as a means of resolving international trade disputes. Findings: Due to advancements in the field of technological communication and the suitability of this new method, countries have adopted what is known as electronic arbitration. This method has proven to be highly significant in resolving arbitration disputes, aligning with the characteristics of commerce, particularly in terms of the speed of conducting both conventional and electronic transactions. Research Implications: The findings of this research will contribute to the recognition of electronic arbitration as an important mechanism for resolving e-commerce disputes, particularly in the field of international trade. Its key features include saving both time and effort, offering flexible justice that aligns with the will of both disputing parties and the requirements of e-commerce. Originality/Value: Given the importance and prominent position of arbitration among other dispute resolution methods, countries and international organizations have worked to regulate it as an alternative method of settlement in international trade, both in international and national legislation. Similarly, the Algerian legislator has organized its provisions within Law No. 08-09 concerning civil and administrative procedures.