Specific Provisions Research Articles

Women and Inheritance: Mapping Perceptions, Legal Awareness and Practices

In recent years, the question of women’s empowerment has been at the center of public policy, a critical component of which involves awareness and practice of economic rights. In this regard, legal provisions such as that of inheritance become critical. Despite the existence of legal provisions guaranteeing women right to inheritance, the existing scholarship has pointed out that in many societies, inheritance laws often favor men, perpetuating gender disparities and socioeconomic inequalities. Additionally, there remains a notable gap in awareness and understanding of such legal provisions among women, especially among socioeconomically marginalized sections. This study focuses on this lesser researched domain. Through a comprehensive literature review and the use of a qualitative approach, this study uses a semi-structured questionnaire to map the existing knowledge gaps and challenges among women from diverse socioeconomic backgrounds. The findings of this study suggest that although a significant proportion of women are aware about the existence of these laws and their rights, they nonetheless lack awareness about the specific provisions and their respective entitlements, especially considering inheritance law are further categorized according to religious identities. In addition to exploring their knowledge, this paper also attempts to investigate the nature and extent to which women usually exercise their right to inheritance in India. The respondents of this study argue that strategies such as maintaining proper documentation of property ownership, engaging in open communication among family members, seeking professional legal advice and mediation can be helpful interventions to facilitate women in exercising their right to inheritance. The findings of this study provides critical insights for policymakers, legal practitioners, and activists to develop targeted interventions to enhance women’s legal literacy, empowerment and access to social and economic equality.

Effects of Regional Comprehensive Economic Partnership Entry into Force on Aquatic Products Trade Among Parties

Asia accounted for 167.1 million tons of global fisheries and aquaculture production, 75 percent of the world’s total. Seafood, especially aquaculture products, is a dominant and growing sector and crucial in the Asia-Pacific region for ensuring global food security, supporting sustainable livelihoods, reducing poverty for small-scale fisheries, and promoting environmental sustainability. However, amidst the current backdrop of the World Trade Organization (WTO)‘s inefficiency and dysfunctional mechanism, coupled with a slowdown in global economic growth and the resurgence of trade unilateralism and protectionism, these challenges have created significant barriers to trade, limiting market access and hindering the sustainable growth of the seafood industry. The implementation of the Regional Comprehensive Economic Partnership (RCEP) offers Asia-Pacific economies a promising opportunity to expand trade and stimulate economic growth sustainably. In this study, we aim to provide a comprehensive overview of the potential effects of the RCEP on aquatic products trade among the parties. A key marginal contribution in our study is that we adjusted the existing tariff rates under other FTAs to the same period as tariff rates under RCEP and compared the concession rates between these different FTAs to clearly illustrate the potential tariff effects of RCEP. On the non-tariff side, we analyze specific provisions in the RCEP agreement that could potentially affect aquatic products trade and evaluate their possible impacts. The results showed that, as of 2022, in almost all RCEP parties, the average tariffs under the RCEP agreement are generally higher than those under other existing FTAs, which indicates that the tariff concession efforts under RCEP are limited for most parties. However, due to certain progressiveness compared to other FTAs in terms of its provisions on non-tariff measures, such as rules of origin, sanitary and phytosanitary measures (SPS) regulations, etc., RCEP has the potential to benefit a broader range of countries and products, making market access more convenient and inclusive for the seafood industry.

The Oath of Non-Lying in Acknowledgment as a Means of Proof in Civil Law

Acknowledgment is considered one of the strongest means of proof stipulated by law as it directly relates to the truth. This is because it involves a declaration made by the person against whom it is used, lending it a high degree of credibility. As a result, acknowledgment has gained decisive authority in resolving disputes and reaching judgments in favor of the acknowledged party in court. However, a party may claim that their acknowledgment was false, raising doubts about the validity of such an oath. This study concludes that when a plaintiff submits an acknowledgment issued by the defendant and requests a judgment based on it, the defendant has several options: to deny the acknowledgment, admit to it, or accept that it was issued by them but dispute its content or accuracy. In such cases, the defendant may direct an "Oath of Non-Lying in Acknowledgment" at the plaintiff to verify the acknowledgment's truthfulness. The Palestinian Evidence Law does not address this type of oath; therefore, this study recommends that the legislature introduce specific provisions regulating the Oath of Non-Lying in Acknowledgment and clarify whether it should be classified as a decisive or supplementary oath. The originality of this study lies in its analysis of the Oath of Non-Lying in Acknowledgment, which is not addressed in the Palestinian Evidence Law, with reference to the Majallat al-Ahkam al-Adliya, which does regulate it.

집합건물 시공자의 하자담보책임 - 대법원 2023. 12. 7. 선고 2023다246600 판결을 중심으로

In our country, there is a lot of demand for condominium building such as apartments and commercial buildings that allow independent living within a single building, so there are many disputes between construction companies and unit owners due to building defects. In order to regulate the warranty liability for defects in such apartment buildings, Article 9 of the Condominium Building Act stipulates the warranty liability for unit owners of condominium building by the seller and the constructor. However, there have not been many decisions that have focused on the relationship of warranty liability for defects between the seller, the constructor, and unit owners in relation to the interpretation of the above legal provision. For this reason, recently, the Supreme Court, through the Supreme Court's decision 2023Da24660 Decided December 7, 2023(hereinafter referred as ‘the Judgement’), ruled that the constructor’s liability for damages in lieu of repairing a defect against a unit owner and the constructor’s liability for damages in lieu of repairing a defect against a unit seller are strictly separate obligations, and therefore, even if the statute of limitations for the constructor’s liability for damages against a unit seller has been completed, the constructor’s liability for damages against a unit owner cannot be said to be extinguished for this reason. The Judgement is significant in that it once again clarified the legal principle that, unless there are special circumstances, the expiration of the statute of limitations for a separate obligation does not extinguish other obligations. However, Article 9 Paragraph 2 of the Condominium Building Act is a matter of application of the scope that presupposes the existence of the constructor's security liability for the unit seller pursuant to special provisions, and it was necessary to clarify that the extinguishment reason that the constructor's security liability for the unit seller has been extinguished by the statute of limitations does not affect the constructor's security liability for the unit owners.

A core outcome set for prophylaxis and perioperative treatment of von Willebrand disease: The coreVWD initiative.

Treatment options are expanding for von Willebrand disease (VWD). A core outcome set (COS)-a minimum set of agreed-upon outcomes to be used in every clinical trial for a given condition-provides guidance on which outcomes are most important to measure to ensure necessary data is collected for a variety of stakeholders and enable comparison across products and trials. coreVWD aimed to develop a COS for trials for prophylaxis and perioperative treatments for VWD. A modified Delphi consensus process was used to condense/prioritize a long list of potential outcomes. Over three Delphi rounds, a multi-stakeholder panel (patients, clinicians, pharmaceutical company representatives, HTA organizations, payer, and government organization representatives) rated each outcome from 1 (not important to include in a COS) to 9 (essential to include). Outcomes were eliminated or retained based on pre-determined criteria; a special provision to elevate patient priorities was included. An in-person consensus meeting was held after Delphi round 2. Thirty-nine panellists participated. The final COS for prophylaxis treatment included 18 outcomes, seven of which are part of a special subset selected for women, girls and people with the potential to menstruate. There were 11 outcomes in the final perioperative branch COS. Six outcomes overlapped both COS. The coreVWD COS represents a consensus list of outcomes for clinical trials for both factor and non-factor VWD therapies. These outcomes will be useful across the lifecycle of a product, from clinical development through regulatory and market access phases and into patient-provider decision-making.

Educational Professionals’ Attitudes, Self-Efficacy, and Classroom Practices Toward High-Ability Students: The Role of Collaborative School Culture and Schools’ Collective Efficacy

ABSTRACT This preregistered study examined how a collaborative school culture and schools’ collective efficacy are related to educational professionals’ attitudes, personal self-efficacy, and classroom practices concerning education for high-ability students based on survey data from 875 educational professionals (teachers, counselors, and school leaders). Multilevel analyses indicated that a collaborative school culture was positively related to educators’ personal self-efficacy, but negatively to their attitudes toward special provisions for high-ability students. Collective efficacy for teaching high-ability students positively related to educators’ personal self-efficacy and attitudes toward special provisions for high-ability students, as well as teachers’ differentiated classroom practices for high-ability students. Overall, a collaborative school culture and collective efficacy for teaching high-ability students were mostly associated with positive outcomes in educational professionals (teachers, managers, and school counselors).

Full-Scale Testing of Corrosion Resistant Alloy-Mechanically Lined Pipes for Submarine Pipelines

Abstract This study evaluates the fatigue performance of Corrosion Resistant Alloy–Mechanically Lined Pipes (CRA-MLPs), focusing on the critical triple point, where the CRA liner, weld overlay, and backing steel pipe intersect. Through Full-Scale Bending Tests (FSBT) and Full-Scale Resonance Fatigue Tests (FSFT), real-world operational and installation conditions were simulated to assess fatigue resistance, particularly at the triple point–an area not adequately addressed in current industry standards. The results reveal that the triple point exhibits excellent fatigue performance, exceeding the criteria of existing guidelines, despite the lack of specific provisions for this critical region. This study provides valuable data to inform updates to industry standards, enhancing the safety and reliability of subsea pipeline operations.

The Agreement on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction: A Critical Assessment

Abstract The Agreement on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction is a complex treaty aiming to fill the gaps left by the UNCLOS in regulating marine biodiversity in areas beyond national jurisdiction. In view of the multifaceted nature the Agreement, this contribution proposes an early stage critical analysis of certain choices made by the Intergovernmental Conference. An assessment of cross-sectional and general issues and of some specific provisions contained in Part III calls for a reflection on whether, and in which manner, the BBNJ Agreement can be considered an environmental treaty, or a treaty possessing a hybrid nature and employing an innovative approach compared to the UNCLOS.

Transfer Pricing End-of-Year Adjustments in France

Tough there are no specific provisions on year-end adjustments in French law and regulations, the application of the general transfer rules and a rather well-established practice are reasons to allow, and even recommend, to perform such adjustments where TNMM methods are applied. This article indicates how to properly perform and document such adjustments.The article is part of a special issue of the International Transfer Pricing Journal on transfer pricing end-of-year adjustments. The other articles include the General Report and contributions on Belgium, Germany, Ireland, Italy, Korea, the Netherlands, Spain, the United Kingdom and the United States.

The Pakistan-China FTA: legal challenges and solutions for marine environmental protection

Marine ecosystems play a vital role in development, human life, and health, thereby promoting sustainable development. However, due to rapid industrialization and urbanization, as well as intense exploitation of marine resources, among other phenomena, both Pakistani and Chinese marine ecosystems face severe challenges such as pollution, overfishing, and habitat destruction. In particular, the Pakistan-China Free Trade Agreement, which aims to boost economic growth, exacerbates these environmental issues due to the increased trade volume. The purpose of this article is to discuss the challenges of legal standards regulating marine environmental protection within the context of the Pakistan-China Free Trade Agreement. By examining the current state of the mentioned agreement as well as regional judicial practice, the current study demonstrates the need to adopt a number of legal measures, such as including specific teeth provisions within the Free Trade Agreement, establishing a special joint environmental commission, increasing public participation, and boosting national environmental law, in order to reduce the adverse effect on marine ecosystems and properly mitigate such effects with a view to achieving sustainability.

Boundary-making between mainstream and special education. A posthuman ethnographic investigation of materialities of schooling and Danish teachers’ imaginaries and practices around ‘middle forms’

ABSTRACT This article explores production of divisions and belonging between mainstream and special education needs students in Danish primary education. The article analyses the boundary-making practices produced by teachers and materialities of schooling between mainstream education students and those with mild to moderate special needs whose schooling is divided between the mainstream classroom and special provisions within the walls of the mainstream school. The article is based on ethnographical fieldwork in two Danish public schools with teachers from 4th to 6th grade in mainstream education. Using artefacts such as empty chairs, missing names, and lavatories for specific groups of students, the analysis shows how nonhuman mundane materialities of the school and classroom do performative work in enacting divisions and belonging in mainstream education. Besides the focus on materialities, teachers’ statements on students with special needs offers insights into teachers’ imaginaries and perspectives on their responsibilities (or lack thereof) concerning students with special needs. Despite intentions to enhance opportunities for students with special needs to participate in mainstream classroom activities, this study’s main findings suggest a strong segregation between the two groups and that teachers and materialities are reinforcing and reproducing this segregation through artefacts, (dis)placements, counterproductive imaginaries, and discursive statements.

Automated vehicles, the ‘driver dilemma’, stopping powers, and paradigms of regulating road traffic

This article examines the driver dilemma as it applies to the increasing automation of road traffic with a focus on roadside enforcement stopping powers. The driver dilemma exists where road traffic laws are expressed as directed toward human drivers. As automation increases, it becomes more problematic who is the driver, in fact and in law, for the purposes of international and national road traffic laws. An obvious solution to the driver dilemma is to enact reforms that deem automated driving systems ‘drivers’ under road traffic laws. This can be seen in recent amendments to the Vienna Convention on Road Traffic. However, the deeming solution has limitations. Through a case study on specific Australian provisions that authorise roadside enforcement officers to stop vehicles, two paradigms informing regulation of road traffic are revealed. The legacy paradigm, founded on the unity of driver and vehicle, conceives road transport involving individuals with an expectation of freedom of movement. The deeming solution attempts to preserve this paradigm. The case study also revealed an alternative paradigm of road traffic as a system that should be regulated to ensure overarching public policy goals. This alternative paradigm is evident in the specific passenger transport laws, where stopping powers are expressed as vehicle-centric. There is no driver proxy and no need for a further wrong for the powers to be enlivened. The article concludes that automated transport futures need this alternative paradigm of road traffic regulation and vehicle-centric rules should be a template for more adaptable road traffic laws.

Study on the Criminal Regulation of Foreign Commercial Bribery by Chinese MNEs

Abstract: In the process of global economic integration, Chinese multinational enterprises (MNEs) have continued to expand their overseas operations, becoming significant players on the international commercial stage. However, the acceleration of their internationalization process has been accompanied by escalating issues of foreign-related commercial bribery, which erodes MNEs' reputation and interests and poses challenges to China's international image. This paper commences by delving into the recent status of China's criminal legal framework regulating foreign-related commercial bribery committed by MNEs, highlighting specific provisions in the Criminal Law of China as well as other pertinent regulations. Subsequently, the paper proceeds to pinpoint the shortcomings and deficiencies within the existing legal regulatory system, notably including issues such as jurisdictional evasion and ambiguous definitions of specific concepts like the scope of bribe recipients. Drawing extensively from international legislative experiences, including the United States' Foreign Corrupt Practices Act, the UK's Bribery Act, and the United Nations Convention against Corruption, this paper finally distills successful practices and offers valuable recommendations for enhancing China's legal system. The proposed measures encompass clarifying the definition of bribery acts, refining the scope of bribe recipients, and enriching sentencing factors. Moreover, the paper highlights the necessity of motivating corporate compliance through legal means, thereby curbing bribery at its source. This study provides research support for refining China's anti-overseas bribery legal framework, which in turn can bolster the credibility of Chinese MNEs in the international market, foster the growth of China's transnational commerce, and elevate China's international competitiveness.

Audio description for all? The benefits and concerns of extending access provision to sighted people

AbstractAudio description (AD) is an established part of museums' access programs for blind and partially blind (BPB) people. This paper explores the merits and caveats regarding “AD for all”, rolling out the provision for sighted people as well. It draws from four separate Access All Senses (AAS) events in three different London museums, each conducted under slightly different conditions. In addition to collecting nearly 100 audience feedback forms, this study has involved museum access staff, audio describers, and BPB art lovers. These events demonstrate that there is a demand among sighted people to include AD in museum tours as “guided looking”. The main concern regards the unintended consequences that could threaten the specific provision that BPB people need. A brief survey at the end offers examples of museum initiatives where AD is being rolled out while protecting these interests.

The challenges in the utilization of marine genetic resources in national and international jurisdictions from a legal perspective

This article examines the legal challenges associated with the utilization of marine genetic resources (MGR) at both the national level and beyond national jurisdiction (BBNJ). The legal challenges addressed are as follows: 1) MGR are located across various jurisdictions, encompassing both national and international domains. The analysis starts with an overview of the international regulations that govern the utilization of genetic resources (GR) and their influence on national legislation. It emphasizes the principle of state sovereignty over natural resources while defining MGR and determining ownership; 2) It further highlights the intersection of national and international laws, particularly in transboundary contexts and within Indigenous and Afro-descendant peoples (IADP) territories, analyzing how these regulations are interpreted and applied in such scenarios; 3) The legal challenges related to the use of MGR in international waters are examined. Special emphasis is placed on the recent United Nations (UN) Agreement concerning this issue. This includes an analysis of its impact and specific provisions related to the utilization of MGR, such as the quantity to be collected, the methodology employed, collection sites, among others. The article concludes by asserting that the equitable distribution of benefits from the use of GR should begin at the earliest stages of access to these resources, including project planning and sample collection, rather than being delayed until the patenting and commercialization phases. Early benefit-sharing is essential for promoting fairness and equity in the use of MGR.

Evaluating Patient Rights and Agency: An In-depth Examination of Autonomous Decision-Making in AI-Powered Telemedicine

This study examines the adequacy of regulations concerning consent and patient autonomy in AI telemedicine in Ghana. Using the IRAC (Issue, Rule, Analysis, and Conclusion) method, the research analyzes existing Ghanaian healthcare laws and regulations in the context of AI-driven telemedicine. The study finds significant gaps in the current regulatory framework, including a lack of specific provisions for informed consent in AI telemedicine, unclear guidelines on maintaining patient autonomy, and inadequate addressing of liability issues in AI-assisted healthcare. Recommendations include developing specific AI healthcare legislation, updating existing laws to incorporate AI and telemedicine considerations, establishing AI ethics committees, and implementing short-term mitigation strategies such as interpretive guidelines and enhanced disclosure protocols. The study emphasizes the need for a two-pronged approach: long-term regulatory development and immediate implementation of interim measures to protect patient rights and ensure ethical use of AI in telemedicine.

The EU's Artificial Intelligence Act and copyright

AbstractThe European Union's (EU's) Artificial Intelligence Act (AI Act), published on 12 July 2024, seeks to establish a consistent legal framework for AI systems within the EU, promoting trustworthy and human‐centric AI while safeguarding various fundamental rights. The Act classifies AI applications into three risk categories: unacceptable risk, high risk, general purpose AI models with systemic risk and low or no risk, each with corresponding regulatory measures. Although initially not focused on copyright issues, the rise of generative AI led to specific provisions addressing general purpose AI models. These provisions include transparency obligations, particularly regarding the technical documentation and content used for training AI models, and policies to respect EU copyright laws. The Act aims to balance the interests of copyright holders and AI developers, ensuring compliance while fostering innovation and protecting rights.

Public health policy for temporary seasonal workers with chronic hepatitis B in high-income countries: A comparative analysis.

This study examines Australia's Hepatitis B public health policies with a focus on the Pacific Australia Labour Mobility scheme seasonal workers as a priority population. The aim is to evaluate if Australia's Hepatitis B public health policies adequately address health disparities and equitable access to health care for seasonal workers as a priority population. We draw comparisons with the public health policies of New Zealand and Canada, to understand how these nations approach similar health concerns among their temporary seasonal workers. A health policy analysis was conducted on the public health Hepatitis B policies in Australia and then compared with those in Canada and New Zealand. Due to the nature of the study question, the review had a major focus on grey literature. The search was undertaken in two stages, including (1) Google search engine and (2) targeted websites. Basic document data was produced in descriptive summaries. Any data either explicitly or inexplicitly relating to the elimination of hepatitis B or equity towards the inclusion of seasonal workers was produced as analytical summaries through multiple revisions. Nineteen documents were identified, predominantly from Australia. Although Hepatitis B public health policies emphasised testing and awareness in priority populations, specifically mentioning seasonal workers as a priority population was absent in all three countries. The study underscores the exclusion of temporary seasonal workers in public health policies and strategies as a human rights issue, conflicting with principles of equity and equitable access to health care. Despite acknowledging challenges for temporary visa holders, policies lack specific provisions for seasonal workers. Addressing this gap is crucial for health equity and inclusive health systems. SO WHAT?: Our findings highlight the need to prioritise equity for temporary seasonal workers to achieve hepatitis B elimination goals by 2030. Exclusion from public health policies is a human rights concern, impacting access to quality health care. This study advocates for inclusive policies explicitly recognising temporary seasonal workers as a priority population, aligning with international human rights commitments to health care for all.

The Zimbabwe political space

Zimbabwe's post-independence election processes have been predominantly male-dominated, with women relegated to the periphery as electorates or party ‘cheerleaders’. Since the Beijing conference in 1995, Zimbabwe enacted several laws to overcome bottlenecks that have impeded women's participation in political processes, with the 2013 Constitution serving as the ultimate template for promoting women's engagement in mainstream electoral systems. Nonetheless, women’s participation as candidates or leaders in electoral processes has declined significantly since the 2013 Constitution. The study brings to the fore, findings to respond to 3 fundamental research questions which are: 1) what is the interlinkage between economic, cultural, social, and physical spaces with the electoral processes, 2) what are the complex social inclusion factors in political spaces, and 3) what recommendations can be proffered to enhance inclusion of women in electoral processes. In answering the questions, the research draws on content analysis of reports from the Project on Preventing Violence Against Women in Politics Project (VAWP/E), face-to-face interviews, and focus group discussions to offer insights and investigate the opportunities provided by various legal frameworks to increase women's engagement in electoral and political processes in Zimbabwe. The article further systematically explores other important factors and elements that impede and contribute to women's full participation in electoral processes as candidates. This study contends that the availability of excellent legal provisions does not result in increased women's participation in electoral politics as candidates unless there is political will. The study further asserts that participation in social, cultural, economic, and physical spaces interacts in a complex manner and influences women's participation in Zimbabwe's electoral political processes as candidates. Because of the country's political polarisation and the impunity of perpetrators of political violence, the political arena is believed to be intimidating and discouraging, thus not ripe, for women to participate as candidates. The study recommends a wholesome approach to dismantling the complex interlinkages between cultural, social, economic, and physical spaces as obstacles affecting the inclusion of women in electoral processes as candidates. Thus, the study further recommends that existing legal instruments should be complemented by progressively dismantling the social, cultural, and physical forces prohibiting women's participation as leaders in electoral processes. Specific provisions in the Electoral Act may further be used to penalise failure by political parties to field a reasonable number of women as candidates in elections.

LEI GERAL DE PROTEÇÃO DE DADOS (LGPD) E O DIREITO DO TRABALHO

The general data protection law, as amended by Law No. 13,853 of 2019 and in force since September 2020, has brought about changes in the way companies handle data, but also has repercussions on labor law. This is because the primary focus of the law was on the protection and privacy of data subjects, who are mainly affected by the sharing of their private data. However, this also includes company employees themselves, and to what extent there is legitimacy in companies sharing this data. Therefore, this article aims to promote a legal study on the General Data Protection Law and its possible consequences for labor law and labor relations. To this end, the article seeks to present the main points addressed by the General Data Protection Law and to promote an analysis of how labor relations may be affected by the enactment of the General Data Protection Law. The methodology used was the literature reference, based on books and articles that deal with the subject. As conclusions, it can be said that it is therefore of utmost importance that there be a creation or amendment of the Code of Ethics and Conduct and the Internal Regulations of the Company, in accordance with the Privacy and Personal Data Protection Policy. In addition to a confidentiality and confidentiality agreement between the employer and the employee, and a means of communication that facilitates the exercise of the rights of the holders. Finally, adjustment of labor agreements with specific provisions on the LGPD. As well as investment in cybersecurity, both in the business context and in remote work.