Rule Of Law Research Articles

Cancellation of Sale-Purchase Agreement and Absolute Power of Attorney Clause Made Based on Debts and Receivables

The Sale and Purchase Agreement (hereinafter abbreviated to PPJB) is a preliminary agreement as an effort to overcome the obstacles of the parties who have not been able to make a Deed of Sale and Purchase (hereinafter abbreviated to AJB). However, in several cases abuse of the use of PPJB and Power of Sale has been found. PPJB and Power of Sale become a security agreement for debts. The PPJB contains a power of sale clause and a Power of Sale Deed which grants power from the owner of the land object (as the seller/party who has the debt/debtor) to the debtor (as the buyer/party who gives the receivable/creditor) to transfer land rights. Debtors who suffer losses because they do not intend to sell the land can file an effort to cancel the agreement. Based on the problem approach (statute approach), conceptual approach (conceptual approach), and case approach (case approach), namely various decisions that have legal force, it can still be concluded that the Supreme Court and lower courts have maintained the unity of law application and consistency of decisions, especially regarding legal smuggling. Sale-Purchase Agreements and Absolute Power of Attorney Clauses Made Based on Debts and Receivables, by declaring such agreements null and void by law even if the agreement is made based on a Notarial Deed or Authentic Deed. Application for cancellation of agreement due to fraud, coercion or abuse of circumstances (misbruik van omstandigheden).

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.

The Right to Freedom of Opinion and Expression of The Members of The Institution of The National Police of Peru

Likewise, we intend to have police officers whose fundamental rights are respected in accordance with the provisions of the Political Constitution of Peru, in the understanding that they have the right to opinion and expression just like any Peruvian citizen, so that they serve society in the different fields of action thus contributing to the development of the country. Promote a true rule of law and respect for the fundamental rights of the members of the National Police of Peru, because the imposed silence harms the members of the National Police; All citizens are equal before the law. Recognize the dignity of the Police as a human being, expressed in their freedom of the right to opinion and expression. The value of the human person is above all else. The person is the end, the rest is the means. That the Members of the Police Institution of Peru be recognized the right to Opinion and expression because they are positive human rights in a legal system. It can be stated that they are human rights concretized spatially and temporally in a specific State. Human rights terminologies are used in the international arena. because what they are expressing is the planetary will of international declarations, the universal declaration of human rights as opposed to fundamental rights.

Problems of Waqf Management in Indonesia: A Review of Positive Law

The implementation of waqf has been happening in many regions in Indonesia. The essence of waqf as a form of worship that brings great rewards and community welfare should be managed properly by professional nadzirs, not the other way around. Various problems have occurred in various regions, resulting in the management of waqf not maximizing and not achieving common goals. This research uses a normative juridical approach that is descriptive analytical by using various theories in legal science related to the process of implementing waqf within the framework of positive legal development in Indonesia. The problems of waqf management in Indonesia so far have been caused by the lack of socialization about waqf by a less aggressive government, waqf management and management that is not in accordance with the rules, limited human resources (nadzir) who meet the requirements and weak control systems in supervision to be less effective in its application in society. The problems that exist so far show that they arise from external factors, namely legal subjects who have not experienced limitations and sufficient knowledge in managing waqf properly and correctly according to the rules of law and Islamic religious law. For this reason, it is necessary to supervise the management of waqf by the government and society so that strict supervision is expected that waqf in Indonesia can be managed properly so that the results can be utilized to empower the quality of life of the people.

Wewenang Pembuatan Akta Tanah oleh Notaris dalam Prespektif Kepastian Hukum

One of the authorities given to a notary as a public official is to create authentic deeds, in addition to other powers determined by law. According to Article 1868 of the Civil Code, an authentic deed is one made by an authorized official in a form specified by law. Both notaries and PPAT (Land Deed Officials) have the authority to create land deeds in accordance with applicable regulations. They play crucial roles and bear significant responsibilities in property transactions, ensuring the validity and legal force of these documents. This research employs a normative legal research method, which examines legal norms. The author aligns with Peter Mahmud Marzuki's view that legal research, or Dutch *rechtsonderzoek*, is inherently normative. Legal research involves searching for and uncovering hidden truths. Based on the discussion, and referring to the source of authority for Notaries through Article 15 paragraph (2) of UUJN, a Notary's authority in creating land deeds should be considered attribution or genuine authority. However, in practice, Notaries cannot make land deeds in the same manner as PPAT because PPAT is a partner of BPN (National Land Agency), posing the biggest limitation for Notaries in creating land deeds. For a Notary to create a land deed, they must hold the same position as a PPAT and obtain permission as a PPAT. Among the eight types of land deeds mentioned in Article 2 paragraph (2) of Government Regulation Number 37 of 1998 concerning PPAT Position Regulations, deeds that can be made by a Notary include, among others, the Deed of Sale and Purchase Agreement and the Deed of Power of Attorney to Sell, with the object being land, and the Power of Attorney to Encumber Mortgage Rights (SKMHT). These deeds may be made by a Notary, but their creation must adhere to the laws and regulations governing each position.

An apolitical risk assessment of the 2024 US elections: The threat of widespread riots and significant business disruption

Civil disorder has always plagued humanity, with violence being triggered by real or perceived grievances, rumours and speculation, and internal or external agitators. The risk to people, communities, businesses and the rule of law is not isolated to a particular country or society. The propensity for violence and how it is incited is, however, an evolving threat with the advent of the ‘modern riot’. The causes of violence centre on economic and social injustice, sports- and event-related riots, a reaction to police or security forces and political unrest. As the US nears the contentious 2024 elections, the failing trust in the three branches of government combined with external global tensions and conflict, threats from domestic extremist groups, a rising acceptance of violence as a means of settling political disagreements, hostile nation actors and international terror groups that exploit societal instability create fertile conditions for widespread violence. Exacerbating these factors are the risks from artificial intelligence (AI) deepfake, rapid mass communications, the citizen journalist, prominent influencers amplifying grievances and inflammatory media reporting. This convergence of exacerbators and accelerants for political discord offers the potential for serious security risks and significant business disruption.

The Election of 1801 and James A. Bayard's Disinterested Constitutionalism

Abstract: Distinguishing, on the one hand, between the 1800 state-based presidential election contests between Thomas Jefferson and John Adams that resulted in Jefferson's victory and, on the other, the voting in the House of Representatives in early 1801 to resolve the electoral vote tie between Jefferson and his vice-presidential running mate Aaron Burr, this article focuses exclusively on the latter contest, whose result made Jefferson president of the United States. In doing so, it rejects historian's conventional approach to the congressional deadlock as a mere pendant to what is conventionally known as the "Election of 1800." Second, it brings forth the Election of 1801 as the first major constitutional crisis in American history and thus makes it a major constitutional as well as political event. Third, it focuses on Delaware congressman James A. Bayard, the pivotal figure in resolving the voting deadlock in the House, which threatened to lead to civil violence and the failure of the Constitution. Fourth, taking Bayard to be a serious constitutional thinker as well as a shrewd political character, it argues that his act to resolve the deadlock, coupled with his explanation for doing so, constituted the first of only occasional major instances of disinterested constitutionalism in American history. The article thus contributes to the revival of attention to American constitutionalism, to the role that constitutional principles have played in American political history, and to the interplay between politics and the rule of law in the earliest years of American constitutional government

Legal use of special means in the investigation of official forgery of documents

The Constitution of Ukraine, the Criminal Code of Ukraine, the rule of law, p. According to the study of this direction, various scientists paid a lot of attention to the study of the problems of official criminal offenses and the use of special knowledge in general. However, no monographic scientific research has been carried out in Ukraine, which would combine scientific assets in the direction of special knowledge and official falsification and would reflect a comprehensive approach to the mentioned issues, despite the undoubted relevance of this topic and the need for practice, 89.6% of the respondents testified to the need for a comprehensive study of it. And although combating corruption was identified as one of the state’s priority areas, law enforcement agencies have difficulties in proving official forgery, which actualizes the need to highlight the possibilities of using special knowledge during the investigation of such facts. So, based on the experience of scientists, practical workers, taking into account changes in legislation and the specifics of official criminal offenses, we made an attempt to investigate the origins of the development of scientific opinion on official forgery, the possibilities of using special knowledge during their investigation, and to determine the main directions for improving their investigation. The closest to the topic of our research is the organization and tactics of the investigation of official forgery, which highlights: the content of the forensic characteristics of official forgery, its elements, such as the methods of committing the crime, the identity of the criminal, the object of the crime, a typical investigative picture; correlational dependencies between the elements of the forensic characteristics of official forgeries were revealed; types of methods of counteracting the investigation of official forgery in modern conditions (refusal to issue documents, items requested by the investigator, limiting the investigator’s access to information, refusal to provide samples for comparative research, influence on the investigator, in particular with the help of a defense attorney), the means of overcoming them are outlined; classification of means of investigative verification of information on the detection of signs of official forgery; the classification of circumstances to be established during the investigation of official forgeries, namely: general circumstances characteristic of the investigation of crimes in general, and special circumstances - the fact that the forged document belongs to an official one, the type and method of document forgery, the connection of the forged document with others and the consequences, that arose in connection with the validity of the document, etc.

The logic as an element of legal considerations and its application in the process of drawing up legal documents

The article analyses logic as an element of legal reasoning and its application in the process of drafting legal documents. Mastering the art of drafting legal documents is an invaluable skill in the professional legal activity of representatives of various legal professions, which can ensure their comprehensibility and clarity, and accordingly, the proper protection of rights. An integral part of this skill is logic as an element of legal reasoning, the correctness of its application. Representatives of various legal professions, whose work is related to legal norms and the drafting of legal documents, refer to elementary rules of logic. Legal reasoning related to the interpretation of normative legal acts and their application to cases, during the evaluation of evidence and making final decisions, which are reflected in legal documentation, is an important means of achieving the rule of law. Due to the special legal thinking, lawyers get the ability to consider any thing from a concrete and not an abstract point of view. Every successful lawyer must be well versed in the laws of formal and informal logic, the rules of operating concepts, judgments, and inferences. Logic is the science of how we should reason if our goal is to discover truth. Neglecting the laws of formal logic in the process of drafting legal documents (identity, contradiction, excluded third party and sufficient grounds) leads to errors. The lack of necessary skills can manifest itself in the composition of the text of legal documents in the form of errors, which, in turn, can cause serious consequences in the form of violations of human rights and freedoms and, as a result, the principle of the rule of law. Knowledge of formal and informal logic, the peculiarities of its application, will contribute to the development of the skills of correct and effective legal reasoning, which will master the art of drafting legal documents – an invaluable skill in the professional legal activity of representatives of various legal professions, which is the unconditional foundation of the observance of human rights and freedoms in our state, as well as implementation of the rule of law principle.

Balancing privacy and public interest in the fight against illicit financial flows: Lessons from an European Case Study

Illicit Financial Flows (IFF) – such as corruption and money laundering – have a significant negative impact on the enjoyment of human rights. Combating IFF is an integral part of the 2030 Agenda for Sustainable Development. SDG 16 explicitly promulgates the relation between the rule of law, social security and the fight against IFF. Cross-border data access and exchange by enforcement authorities is crucial to map and disrupt IFF, punish suspects and take away their criminally earned assets. At the same time, human rights restrain national enforcement authorities when combatting IFF. States must abstain from undue interference with individuals’ privacy rights, such as the storage of information relating to an individual’s private life and the sharing of such information. Pursuant to article 8 ECHR, interference with the right to respect for private – in accordance with the law – is only permissible if this is necessary in a democratic society, e.g. in the interests of national security and public safety. In this article we explore the balance between individual rights and states’ responsibilities in the fight against IFF; between privacy and the common good of fighting bad money. To what extent may privacy concerns be an obstacle to investigate global IFF? Our conclusion is that there is an imbalance. We suggest that human dignity and human security should be given more weight in the balancing of human rights in this context.

Principles of criminal law of Ukraine and principles of criminal law protection of professional activity of law enforcement officers

The article analyzes the links between the basic principles of criminal law of Ukraine and the principles governing criminal law protection of professional activities of law enforcement agencies. Special attention is paid to the study of interaction and impact of these principles on law enforcement. The author refers to the contributions of national scholars who have studied the nature of certain principles of criminal law and offers a systematic analysis for further improvement of the regulatory framework. The author emphasizes that modern changes in criminal law should reflect not only historical experience, but also modern challenges that require a deeper understanding and application of the principles of justice, legality, humanism and democracy. The author also emphasizes the need to enshrine the principles in the new edition of the Criminal Code of Ukraine in order to comply with international standards and ensure legal certainty and objectivity of law enforcement. According to the author, there is a need for greater clarity and systematization of the principles of criminal law, and their inclusion in the Criminal Code will help ensure greater transparency and efficiency in their application. The author of the article emphasizes the importance of the principles of criminal law proposed by P. L. Fries, which form the basis for criminal law protection of professional activities of law enforcement agencies, but also emphasizes the possibility of their expansion. In particular, the author proposes new articles for the Criminal Code of Ukraine which include the principles of legality, equality before the law, guilt, justice, individualization of punishment, personal nature of responsibility, humanism, and inevitability of responsibility. The author comes to the conclusion that the principles of criminal law protection of the professional activities of law enforcement agencies are based on constitutional and criminal law principles. The basic principles such as the rule of law, justice, equality before the law, individualization of punishment, and inevitability of liability form the structure of protection of law enforcement officers’ rights. An analysis of the principles which are repeated in constitutional and special criminal provisions shows that it is inappropriate to allocate separate principles for law enforcement officers. The author proposes a two-tier system of principles for effective criminal law protection which avoids duplication of categories and ensures systematic and rational law application.

The theoretical path of constructive journalism and practical experience in China

The purpose of this study was to examine the stages of the formation of constructive journalism in the world and the practical implementation of this concept using evidence from modern Chinese media discourse. The study examined two theoretical approaches to constructive news: one based on positive psychology and the other on Buddhist philosophy. The Chinese journalism community was the first to pay attention to constructive news in terms of the supervision of public opinion. Based on the study of the official WeChat account of Xinhua News Agency, particularly the topics, genre specificity, emotional colouring, and formal indicators of news, the patterns of Chinese constructive journalism were identified. The rule of law, cultural life and education, health, and travelling were identified as the main themes. The emotional colouring of news reports is most often positive and neutral. It is worth noting the genre diversity: news, news bulletins, news essays, newsletters, investigative reports, and diversity in terms of formal indicators: “text only”, “text + image”, “image only”, “text + video + image”. It was found that the purpose of constructive journalism reporting in China coincides with the government’s public order goals. The concept of Chinese constructive journalism was reflected in the following aspects: using positive psychology to stimulate the vitality of news reports for social development, creating positive narrative strategy, improving news management, and promoting moral values. In the future, this study can be used to analyse patterns of social behaviour, illuminate media literacy, and study national media practices

Correlation of certain provisions of the criminal law with the principles of law

The article is devoted to the study of the issue of introduction of absolutely definite sanctions in the law on criminal liability, the reasons and prerequisites which contributed to their emergence, and the correlation of such changes with the principles of law. The Law of Ukraine «On Amendments to the Criminal Code of Ukraine on Strengthening Liability for Crimes Against the Fundamentals of National Security of Ukraine in the Conditions of Martial Law» of March 3, 2022, amended the law on criminal liability and strengthened liability under Articles 111 and 113 of the Criminal Code of Ukraine, which provide for liability for high treason and sabotage by applying absolutely certain sanctions. In the context of the issue raised, the authors also examine the current practice of law enforcement in the form of decisions of the Constitutional Court of Ukraine and the European Court of Human Rights on similar issues through the prism of the principles of law. According to the provisions of the criminal law theory, a sanction is a part of a rule of law which contains instructions on the legal consequences of violation of a rule set forth in a disposition. The purpose of a sanction is to create certain unfavorable consequences for the offender or incentives for the subjects who comply with the governmental order. The types of sanctions include: by the degree of certainty: 1) absolutely certain – clearly define the type and extent of legal liability; 2) relatively certain – the limits of legal liability are determined from minimum to maximum or only to maximum. An absolutely definite sanction is a type of sanction in a criminal law provision that establishes a single type and amount of punishment. With the adoption of the new law on criminal liability in 2001, the legislator completely abandoned this type of sanction, which enabled courts to exercise discretion in passing sentences based on the results of each criminal proceeding. In the article, the authors reflect and substantiate the assertion that in the sanctions of the articles under consideration, alternatives to imposing punishment for the specified criminal offenses in the form of life imprisonment as the most severe punishment currently available in the law can only formally be considered an alternative to imposing a punishment of 15 years of imprisonment. A formal approach to the issue of sentencing a person who has committed a criminal offense not only makes it impossible to individualize responsibility, but also to demonstrate to society the principle of justice in sentencing.

Historical and legal analysis of the institute of necessary defense

Within the framework of the article, it is substantiated that the necessary defense is the basis of human dignity, inextricably linked to natural rights, and in the context of a full-scale war in Ukraine, the analysis of the prerequisites for its occurrence acquires special importance in order to guarantee the effectiveness of the norms of international law. It is emphasized that Greece, India and Egypt were among the first states whose scientists analyzed necessary defense, but necessary defense acquired the greatest development as a natural human right under the influence of the lawyers of Ancient Rome. It was revealed that one of the first among the ancient scientists who carried out important work on the application of the necessary defense on the basis of equality, but within the limits of the same social status, was carried out by Marcus Tullius Cicero. Legal confirmations and interpretations of the institution of necessary defense in Slavic history that are important for Ukraine and modern events are analyzed, including in the treaties of princes Oleg and Igor with the Greeks, as well as «Ruska Pravda».Significant transformations of the legal foundations of the institution of necessary defense in the legislation of European states under the influence of German philosophers of the 17th and early 18th centuries have been analyzed. A comparative analysis of the main principles of the positivist and natural theory of law was carried out. After the declaration of independence by Ukraine, a key stage took place, when the natural right to self-defense was enshrined in the state. This process contributed to the transition to a democratic form of government, requiring a revision of social values, reform of the legal system, and respect for civil rights. It has been proven that in the modern conditions of a full-scale war in Ukraine, the institution of necessary defense should be based on the principles of the rule of law, equality and legal certainty as much as possible. In the conditions of digitalization, the institute of necessary defense also needs analysis in the context of the effects of digital technologies on it, recognition of acceptable forms of protection.

The environmental rule of law and the protection of human rights defenders: law, society, technology, and markets

Environmental human rights defenders (EHRDs) play a key role in the realization of the environmental rule of law and in strengthening social and ecological sustainability. States have the duty to protect and empower the EHRDs, while businesses, investors, and financial institutions also have responsibilities to respect human rights. Although the literature on human rights defenders is comprehensive, the article offers a theoretical analysis of the challenges facing the EHRDs by using Lawrence Lessig’s New Chicago School approach to explore the opportunities for bridging the gap between the theory and practice concerning the protection of EHRDs. The article endeavors to contribute to the literature by methodologically explaining the importance of legal regulation and State intervention for creating a safe and just space for the activities of the EHRDs. It demonstrates the effects of the four modalities in Lessig’s theory—i.e. the law, the social norms (culture), the architecture (technology), and the market—on the behavior of EHRDs, and ultimately on democracies while emphasizing the power of law as one of these modalities and being one of the imperative elements of the environmental rule of law. It argues that the adoption of international agreements, laws and policies regulating culture, technology, and markets, would empower civil society and encourage broad participation in the decision-making processes both within the States and the businesses to ensure accountable, transparent, and inclusive governance. It concludes that strengthened legal protection mechanisms for the rights of the rights’ defenders is an urgent need to achieve the Sustainable Development Goals and the environmental rule of law.

Correlation of the concept of «judicial control» with the concepts of «justice» and «judicial protection» in the criminal procedure of Ukraine

In the article, the author notes that the introduction of modern approaches to the legal regulation of the judicial control mechanism into the Criminal Procedure Code of Ukraine of 2012 was one of the right ways to realize the right to a fair trial. It is noted that judicial control, along with other mechanisms of criminal procedure, also ensures the implementation of the rule of law, a qualitatively new approach to understanding the rights and freedoms of a person in criminal proceedings, and a humanistic approach to criminal proceedings. The author also notes that both practitioners and scholars have repeatedly addressed the issues of the concept of judicial control, its features, and correlation with other categories and concepts. And the research by comparing the concept of «judicial control» with the concepts of «justice» and «judicial defense» will make it possible to establish new features of judicial control in criminal proceedings in Ukraine. That is why the author set as the purpose of the study to establish the correlation between the concept of «judicial control» and the concepts of «justice» and «judicial defense» in the criminal procedure of Ukraine. The article analyzes the works of Ukrainian scholars who reveal both the above concepts and their correlation, and also uses the decision of the Constitutional Court of Ukraine. The study concludes that judicial protection is an effective mechanism for guaranteeing rights and freedoms in criminal proceedings, and judicial control is a way of judicial protection. In the author’s opinion, it should be borne in mind that such control is exercised not only during the pre-trial investigation, but also during the judicial stages of criminal proceedings. The author concludes that justice and judicial control are separate functions in criminal proceedings. Their differences are related to the stages of criminal proceedings and their purpose and form of implementation. The subjective composition of the realization of justice and judicial control is not always different. Thus, in the case provided for in Part 3 of Article 309 of the Criminal Procedure Code of Ukraine, a judge will exercise judicial control over non-appealable rulings of the investigating judge, as well as justice in the same criminal proceedings.

An Analysis of Court Decisions Regarding Applications for Interfaith Marriage (Comparative Study of Decisions Number 131/Pdt.P/2021/PN Jkt.Sel and Number 122/Pdt.P/2020/PN.PTI)

The emergence of differences in views regarding whether or not interfaith marriages are permissible in Indonesia because it has not been clearly regulated in the Marriage Law has led several people to apply for interfaith marriages. The aim of this research is to find out the legal basis and considerations of judges in handing down decisions on interfaith marriages in the District Court and the implications of the judge's decisions on these marriages. This research is normative juridical research which is based on several laws and regulations regarding marriage. The results of this research explain that (1) Decision Number 131/Pdt.P/2021/PN Jkt.Sel is an application for permission to register interfaith marriages which was granted by the South Jakarta District Court, where the judge thought there was a lack of explanation of the law because in The law does not expressly prohibit interfaith marriages. The judge's consideration in deciding this case was because he understood Article 2 paragraph 1 of the Marriage Law Number 1 of 1974, which states that marriage is valid according to the laws of each religion and belief. Meanwhile, determination Number 122/Pdt.P/2020/PN.PTI is an application for a marriage permit which was rejected because this application was deemed to contain formal defects so it could not be accepted (niet on vankelijke verklaard). (2) The legal implication of the decree being granted is that there is no problem because legally it is permissible to carry out interfaith marriages. This includes the relationship between husband and wife and their children, which is regulated in law and has permanent legal force. Meanwhile, the implication of a rejected decision regarding the validity of the marriage is that it is invalid and all legal consequences arising from the marriage are not recognized.

Challenges Faced by Indian Democracy

Democracy is almost a perfect system in which common people can play an important role directly or indirectly. India is a democratic state. It is the largest democracy in the world. Democracy has many features and characteristics (rule of law, equality, justice, transparency, accountability, promoting individual rights and liberties, etc.). India is also trying to follow these features or characteristics. Democracy is gradually changing its nature day by day. Democracy in present era is not same as it was before. Democracy is redefining its definition. The democracy of India is also changing and facing many problems and challenges. Democracy is a form of government in which people either directly or indirectly participate in the decision-making process through a system of representation involving periodically held free elections. The Democracy of India is considered as the largest democracy in the world. In a democracy, authority is enjoyed by the people or their representatives and people are the final authority in every field of system of governance. However, in modern India, democracy has faced a lot of challenges like social and economic inequalities, poverty and unemployment, Illiteracy, Casteism, communalism, corruption, terrorism, population explosion. It is required to be addressed to sustain true parliamentary democracy in India. This paper tries to examine and analyse the existing democratic system in India & its implication towards the democratic system of the world. It also suggests certain possible measures or institutional reforms in order to ensure a healthy and sustainable democracy for India. I would like to discuss mainly the problems and challenges with some examples that Indian democracy is facing.

Improvement of the Carrier Delivery Rules in China's Maritime Law from an International Perspective

This paper examines the impact of carrier delivery rules on China's Maritime Law in the context of international maritime cargo transportation. It identifies significant issues such as the imbalance of interests between carriers and consignees, the challenges in carrier identification, and the inconsistencies in the duration of carrier responsibilities. Drawing on international conventions such as the Hague Rules, Hamburg Rules, and Rotterdam Rules, this study provides comprehensive recommendations for refining China's Maritime Law. Key proposals include improving the legal definitions and criteria for carrier identification, harmonizing liability periods for container and non-container cargo, and strengthening the fulfillment of carrier obligations through robust inspection and supervision mechanisms. These improvements aim to align China's Maritime Law with international standards, enhance the efficiency and reliability of maritime transport, and support the sustainable growth of China's maritime industry. The findings underscore the necessity for ongoing legal reforms to maintain China's competitive edge in global maritime trade.

The Protection of Intra-EU Investments: Putting the EU’s Rule of Law to the Test

With the 2018 Achmea ruling, the European Court of Justice declared investment arbitration in the intra-EU setting to be inadmissible. As a result, the Member States have cancelled more than 190 bilateral investment protection treaties between themselves. Critics fear a high level of legal uncertainty for intra-EU investments. The EU Commission, on the other hand, believes that the existing law of the internal market provides ‘adequate and effective protection’ for such investments without further ado. Both sides invoke the rule of law. After an overview of the developments, individual elements of the protection of investments within the EU, namely the rights of investors, the balance between them and public interests, the legal means available and the question of compensation, are analysed comparatively. In the end, it emerges that both positions can lay claim to different elements of the rule of law. The rule of law does not require maintaining investment protection with bilateral treaties and investor- state arbitration. However, it is questionable whether the existing law in the internal market does adequately protect investments in the European Union. With the abolition of traditional international investment protection, the European Union faces major challenges with regard to the further improvement of the rule of law, the importance of which goes far beyond the issue of investment protection.