Law Systems Research Articles

Jurisdiction over Transnational Quantum Networks

The international quantum communication networks develop; governance and legal jurisdiction remain unclear due to jurisdictional gaps in existing legal frameworks. Analysis of applicable accords, state practice, court judgments and domestic law related to digital infrastructure reveals minimal current governance explicitly addressing jurisdiction over global quantum systems. Results indicate specialized multilateral treaties are necessary to establish acceptable jurisdiction given quantum computing's novel abilities allowing exponentially scalable computing, cryptographically secured data transfers and precision metrology. Centralized supranational authority and distributed governance models reflect policy trade-offs for advancing global networks. Like historical technologies such as aviation and the Internet requiring years of legal development to mature, progressing quantum networks need focused creation of an internationally harmonized legal framework to balance security, sovereignty and innovation across a landscape holding tremendous transformative potential.

Recommended distances for physical distancing during COVID-19 pandemics reveal cultural connections between countries

During COVID-19 pandemic several public health measures were implemented by diverse countries to reduce the risk of COVID-19, including social distancing. Here we collected the minimal distance recommended by each country for physical distancing at the onset of the pandemic and aimed to examine whether it had an impact on the outbreak dynamics and how this specific value was chosen. Despite an absence of data on SARS-CoV-2 viral transmission at the beginning of the pandemic, we found that most countries recommended physical distancing with a precise minimal distance, between one meter/three feet and two meters/six feet. 45% of the countries advised one meter/three feet and 49% advised a higher minimal distance. The recommended minimal distance did not show a clear correlation with reproduction rate nor with the number of new cases per million, suggesting that the overall COVID-19 dynamics in each country depended on multiple interacting factors. Interestingly, the recommended minimal distance correlated with several cultural parameters: it was higher in countries with larger interpersonal distance between two interacting individuals in non-epidemic conditions, and it correlated with civil law systems, and with currency. This suggests that countries which share common conceptions such as civil law systems and currency unions tend to adopt the same public health measures.

Legal Protection of Women’s Reproductive Freedom: Starting From the Overthrow of Roe v. Wade

Represented by the overthrow of the Roe v. Wade case, the freedom of female reproduction worldwide is currently threatened. Female reproductive freedom is a fundamental right of women, and ensuring it is crucial. Therefore, this article selects the legal protection of female reproductive freedom as the theme to study how to build an effective mechanism to ensure women's reproductive freedom. Firstly, this article provides an overview of the protection of reproductive freedom in the common law and written law systems, as well as the characteristics of reproductive freedom in China. It also reviews the connotation and research progress of women's reproductive freedom rights. On this basis, this article proposes specific legislative, judicial, and law enforcement recommendations for China's legal system to ensure women's reproductive freedom based on its specific characteristics.

COMPARING ENVIRONMENTAL LAW SYSTEMS

AbstractThis article revisits the overlooked field of comparative environmental law. It examines contributions to this field from the late 1960s to 2022, highlighting the methodologies proposed, their shortcomings, the main aspects and angles taken by the literature, and the curious lack of engagement by experts in comparative law proper with environmental law systems. On the basis of a structured examination of the literature, the article extracts four main aims or purposes that may guide this line of research: (i) clarifying the initial system by contrasting it with a foreign system; (ii) using the basic conceptual features of a known system to analyse and understand a foreign unknown system; (iii) evaluating and fine-tuning a system or an aspect thereof; and (iv) extracting analytical categories that can serve to map the entire field or areas of it.

Balancing Business Objectives and Shareholders’ Rights in Voluntary Delisting: a Comparative Analysis of Selected Legal Jurisdictions

Delisting a company from the stock market often negatively affects the interests of all related parties. For shareholders, the main detriment is their loss of the ability to trade and sell their shares on the open stock market. As voluntary delistings become a more prevalent market phenomenon worldwide, countries are seeking to implement regulatory protections during the process. The aim of this paper is to make a comparative analysis of the protection of shareholders during delisting across multiple jurisdictions including the United States, the UK, Germany, India, and Thailand that have adopted different regimes for protecting shareholders during a company’s voluntary delisting. The goal is to answer the question of which shareholder protection instruments in the covered jurisdictions have adopted to protect shareholder and company interests during delisting, and also to question the effectiveness of investor protection in voluntary delisting. The paper offers potential ways to better protect the rights of shareholders during the voluntary delisting process to achieve a balanced regulation of different corporate actors’ interests.

Conflict and social control among cannabis growers

AimsIllegal drug markets are often assumed to be violent and predatory due to the absence of third-party enforcement. While cannabis markets are generally considered to be relatively more peaceful, there has been little investigation of the levels of conflict and victimization among small-scale cannabis growers, particularly under different cannabis policy and enforcement settings. This paper explores prevalence and predictors of conflict and social control among small-scale cannabis growers. MethodsThe data were obtained from an online convenience survey of small-scale cannabis growers from 13 countries (Austria, Canada, Denmark, Finland, France, Germany, Israel, New Zealand, Portugal, Switzerland, United Kingdom, United States, and Uruguay) from August 2020 to September 2021 (N = 5667). Key measures collected included the types of victimization due to cannabis growing, the perpetrators of these predatory actions, reasons for the conflict, and the grower's response to being victimized. Multivariate logistic regression models were used to identify predictors of different types of victimization and social control responses among cannabis cultivators. ResultsMost growers (76 %) never directly experienced violence or other victimization related to their cannabis cultivation. However, about one-quarter of growers had been victimized at some point, mostly involving theft, with physical violence rare. Growing outdoors, growing with others, growing more plants, and being a more seasoned grower increased the risk of victimization. Growers who were motivated by profit were more susceptible to theft. Surprisingly, growers in legal recreational jurisdictions experienced greater levels of theft and violent victimization than growers in illegal jurisdictions. Nonviolent social control responses predominated among the growers, mostly characterized by toleration but also avoidance and negotiation. ConclusionWhile most growers reported no victimization, a substantial minority did so, largely theft rather than violence, and typically did not report employing retaliatory violence. Social control responses were mostly nonviolent. These findings varied under different cannabis policy and enforcement environments. Cannabis legalization does not eliminate opportunities for theft and violence related to cannabis cultivation.

Legal Protection Jurisdiction of Franchise Business (Franchise) in Indonesia

In the increasingly developing era of globalization, economic growth continues to increase and is increasingly complex. The economy in Indonesia has experienced an increase, giving rise to many businesses or business practices, both small and medium businesses, and businesses that have large capital. These efforts certainly have a positive impact on society and the country, such as meeting the needs of an increasingly diverse society. One of the businesses that is currently developing is a franchise business. The purpose of our research is to find out the legal protection for franchisees and franchisors based on applicable regulations and to find out the legal aspects of franchise agreements. This study uses normative legal research methods whose implementation is focused on collecting secondary data (library material) which includes primary legal materials such as laws and regulations, primary legal materials such as books, articles, and so on. The franchise agreement is one aspect of legal protection given to related parties to avoid actions that are detrimental to these parties, including in providing legal protection for Intellectual Property Rights (IPR). A legally made franchise agreement applies as a law for those who make it as referred to in Article 1338 of the Civil Code. An agreement that has been made legally means that the agreement has fulfilled the conditions specified in the law.

Comparisons Between Macedonian and A U.S. State’s Automobile Accident Insurance Law

Abstract This paper explores some of the basic similarities and differences between fault-based and no-fault systems of automobile accident insurance from the perspective of a U.S. state and the laws of Macedonia. The majorities of U.S. states have adopted an at-fault system of compensation and therefore share more similarities with Macedonia than the laws of a dozen U.S. states that have adopted a no-fault system. Whereas Macedonia employs a system of nearly universal health care, such is not the case in the United States. The respective states have adopted either a fault-based system or a no-fault system, but in either case issues of coverage for automobile accidents is more complicated for the lack of a nationalized health care system that at minimum acts as a safety net for treatment of injuries related to automobile accidents. It is posited that complications relating to the lack of universal health care coverage in the United States has led to significantly heightened regulatory intervention by the several states such that the similarities between the free-market approach of the states and of civil law (code) systems are greater than the differences. The paper is not based on empirical data of the legal systems or the medical systems, nor is the undeniable interrelation between a medical system and the corresponding legal system with regard to insurance coverage of primarily health-based issues considered other than to highlight how both may play a part in regulation of the automobile accident insurance industry in light the involvement of public health, safety and welfare.

Implementation of Customary Law in Settlement of Land Disputes in Indonesia

Settlement of land disputes in Indonesia has become a complex and sensitive issue, considering the diversity of cultures, customs and laws that exist in this country. One approach that has been used to resolve land disputes is the implementation of customary law. This research aims to analyze how customary law is implemented in resolving land disputes in Indonesia. Before the Basic Agrarian Law (UUPA) was implemented in Indonesia, there were two land law systems in effect, namely western agrarian law and customary law. Western agrarian law includes concepts such as property rights, customary rights, and use rights. Land itself has a very important role in people's lives and livelihoods, especially in areas dominated by agriculture. Customary law varies greatly in that each law that regulates land rights will apply in that area. Even though there are differences from customary land, it is an important element in the formation of a state. The policy of unification of judicial bodies is one of the reasons why traditional courts are starting to be abandoned. UUKK itself also provides encouragement for the peaceful resolution of land disputes as part of the civil justice system. This research aims to provide insight into the implementation of customary law in resolving land disputes in Indonesia and understanding cultural and social dynamics in the context of dispute resolution. It is hoped that the results of this research can become a basis for formulating more effective policies in resolving land disputes involving customary law in Indonesia

The EU–US data privacy framework and the impact on companies in the EEA and USA compared to other international data transfer mechanisms

Third time's a charm? Companies in the European Economic Area, Switzerland and the UK (EEA+) are considering the pros and cons of the third attempt of the EU Commission and US government to establish interoperability between their data protection and privacy law systems, after the demise of the US Safe Harbor Program and the EU–US Privacy Shield. Should US companies register? Are the efforts worth the potential benefits, given that the new programme has already been challenged and may be invalidated like previous programmes for reasons that businesses cannot control? Should companies that were already enrolled in the previous programmes accept automatic enrolment or leave the programme? Can and should companies in the EEA+ rely on EU–US Data Privacy Framework (DPF) registration for international transfers? Or insist on registration in addition to standard contractual clauses (EU SCC 2021) or other compliance mechanisms? Are data transfer impact assessments (DTIAs) still required for transfers to the US? Should they be updated? This paper seeks to help companies find answers to these questions and (I) outlines the background and context of the Adequacy Decision, (II) explains how US companies can join the DPF, (III) discusses the impact of the Adequacy Decision, (IV) summarises requirements for other compliance mechanisms for international data transfers under the GDPR, (V) compares the DPF to other transfer compliance mechanisms and (VI) provides practical considerations and a summary.

The Idea of Obligation in Polish Law

In Western legal tradition jurisdictions, the transition from the Roman idea of obligatio to the doctrine of the legally binding relationship was not a universal process. Anglo-Saxon lawyers discuss contract and tort theories separately. Different doctrines have emerged from the development of the theory of the legally binding relationship in the Civil Law Tradition. This article shows how this process has played out in the Polish legal discussion. The specific premises of the Polish legal experience were that applied Roman law had little influence in Poland until the end of the 18th century, Austrian law served as the foundation for the development of the Polish doctrine of the legally binding relationship, the Polish Code of Obligations of 1933 replaced French, Austrian, German and Russian law on Polish territories, and the development of the Polish theory of private law after WWII was influenced by the dominance of Marxist theory. Consequently, the Polish legal experience provides a particular perspective on the premises supporting or blocking the relationship between the doctrine of legally binding relationships and social reality.

Insider Dealing by Outsiders in the U. S. and EU

692The prohibition of insider dealing has its origins in U. S. law, the structural features of which have also influenced EU insider law. Today the dogmatic approaches of the two insider law systems differ diametrically. Particularly in dealing with investors outside the issuer, so-called outsiders, the two legal systems differ in terms of both the manner and the scope of covered transactions. According to our understanding outsiders are investors who, neither through their position within the issuer nor through the exercise of a profession for the issuer, have a relationship with the issuer that allows privileged access to inside information. We will lay out the differences between EU and U. S. law by reference to the recent decision of a U. S. Court in U. S. Securities and Exchange Commission (SEC) v. Panuwat, where the court approved the so-called shadow trading theory of the SEC. Whereas this decision has attracted a lot of attention in the U. S., we argue, that shadow trading is undoubtedly covered by EU insider law due to the broad principle of information parity. However, because of its broad scope EU insider law applies basically to all investors who possess inside information and hence may also prohibit transactions by outsiders which might be useful for capital markets, such as trading by financial analysts or whistle blowers. We will therefore scrutinize whether and how far financial analysts or whistleblowers are privileged by Recital 28 of the Market Abuse Regulation (MAR), which only applies to research based on publicly available data, but does not specify when information is publicly available.Whereas in regard to outsiders, the EU insider dealing law goes sometimes too far at the substantive level, in enforcement matters it is too restrictive on the other side. This becomes obvious when we look at politicians which are involved in legislation and hence have access to material information for many issuers. In the U. S., the SEC – acting as a driving force in the U. S. when it comes to the enforcement of the insider dealing prohibition – but also the legislator itself have already become active. Against this background, we examine what instruments EU insider law might provide to detect insider dealing by politicians and other outsiders and show that adapting and extending the existing rules may be a feasible way forward.

Human rights at sea: The limits of inter-state cooperation in addressing forced labour on fishing vessels

The sheer vastness of the world’s oceans creates a range of security and law enforcement challenges for states and the international community, including in preventing and punishing human rights abuses at sea. While human rights apply at sea the same as they do on land, this article examines the limits of national, regional and international systems of human rights governance and international law in addressing violations of human rights at sea. It asks: what are the barriers in inter-state cooperation that prevent the prosecution and prevention of human rights abuses at sea? In answering this, the paper focuses specifically on issues of human trafficking at sea and forced labour on fishing vessels by analysing two judicial processes in Southeast Asia. It argues that responding to these human rights challenges at sea requires a collective and coordinated approach that centres the rights and safety of individuals at state, regional and international levels.

The Interpretation Matter in Smart (Legal) Contracts: Possible Answers from a Comparative Perspective

Abstract The present article is grounded in the following inquiry: are the rules concerning contractual interpretation provided by codified regulations or developed by jurisprudence for private law contracts also applicable to smart legal contracts? This question will be addressed through the utilization of a comparative research methodology, taking into account the trends embraced by scholars as well as by courts in both common law and civil law systems. In conclusion, and based on these methodological premises, various solutions present themselves to the interpreter, including the non-complete exclusion of the non-complete exclusion of the interpretative model based on the so-called contextualist theory. A similar theoretical approach would allow for an efficient synthesis between the more ambiguous legal expressions and the use of technological language.

Private international law in the context of space law

This article explores the intersection of private international law and space law, shedding light on the legal frameworks and considerations that govern activities in outer space. The primary focus of the article appears to be on the evolving legal landscape as it pertains to private entities and their involvement in space-related activities.
 Key Points:
 Space Law Context: the article delves into the broader context of space law, outlining the various international agreements and treaties governing outer space activities. This context is crucial to understanding the legal framework within which private international law operates in the realm of space.
 Private Entities in Space: given the mention of "Private International Law,” the article discusses the participation of private entities, such as commercial space companies and satellite operators, in activities related to space exploration, satellite communications, and space resource utilization. This touches upon the legal rights and obligations of private actors in space.
 Jurisdiction and Dispute Resolution: the article explores how private international law concepts, such as jurisdiction and dispute resolution mechanisms, apply to space-related disputes. This includes discussions on which legal jurisdictions govern disputes involving space activities and how international treaties address jurisdictional issues.
 Liability and Responsibility: space activities inherently involve risks, and the article touches the legal frameworks for liability and responsibility in cases of accidents or damage caused by space objects, especially when private entities are involved.
 Evolving Legal Landscape: the dynamic nature of space law, with new technologies and actors continually emerging, can be a central theme. The article discusses recent developments, challenges, and adaptations in space law to accommodate private sector interests and innovations.
 Future Implications: the article speculates on the future direction of private international law in the context of space activities. This encompasses considerations of how space law may need to adapt further as commercial ventures expand into the cosmos.
 Global Collaboration: given the international nature of space activities, discussions on the importance of global collaboration and cooperation in addressing legal issues related to space.
 Overall, this article provides valuable insights into the evolving legal landscape at the intersection of private international law and space law, offering readers a deeper understanding of the legal complexities surrounding space activities conducted by private entities.

Comparative law and socialist legal systems: Dilemmas of classification

Comparative law and socialist legal systems: Dilemmas of classification

Principle and Policy in Malicious Prosecution

Judicial consideration by the Judicial Committee of the Privy Council, and the United Kingdom Supreme Court, of the tort of malicious prosecution – historically confined to criminal prosecution and limited civil proceedings – demonstrates considerable confusion in Common Law systems over the roles of principle and policy in judicial reasoning. As judgements extending malicious prosecution to maliciously motivated civil claims demonstrate, the principles and policies underpinning malicious prosecution and abuse of process, and the relationship between these torts – regarded by judges and jurists as anomalous – remain unclear. Other common law jurisdictions are yet to positively affirm the revised malicious prosecution tort’s applicability to civil proceedings, and the few plaintiffs to plead the expanded tort to date have been unsuccessful. While the harms arising from maliciously brought civil proceedings understandably excite sympathy, this article contends that expanding malicious prosecution to civil claims via common law reform is a problematic solution resting on unsound jurisprudential foundations, which faces potentially insurmountable evidentiary barriers and necessitates further litigation. We suggest that a better alternative is to encourage greater use of the court’s existing inherent jurisdiction to award compensatory costs and propose introduction of punitive statutory costs powers, available in extreme cases, to deter litigants from initiating civil claims prompted by malice.

Charging the Dead: The Necroeconomies of Burial Laws and the Legal Suspension of the Dead

While Victorian studies have traditionally examined anatomy laws and the dissection of executed criminals, this article discusses laws that required payment for execution and burial costs, and uncovers actual cases in which families refused payment and as a result the state refused to release the corpse. Capital punishment looms over novels such as Charles Dickens’s A Tale of Two Cities, Oliver Twist, and Great Expectations, and Thomas Hardy’s Tess of the d’Urbervilles. Yet, conspicuously absent from these novels are the necropolitics and economics surrounding the dead body of the executed, which saw more legal protections in the nineteenth century. The aim is to not only excavate laws rarely discussed in critical literature, but to interrogate the astonishing lengths the common law and ecclesiastical court systems were taking in order to manage bodies (through fees, burial prescriptives, customary laws, and so on). Execution and burial fees were designed to financially exploit the grieving poor. Therefore, what often resulted was a suspension of burial – a delay caused by necroeconomies built into these grim financial systems. The article thus brings together ecclesiastical court cases to underscore the tension between customary burial fees, Poor Laws, and their critique in fiction.

Feminist perspective of covid-19 footprints: legal and theoretical investigation of labour law

The COVID-19 pandemic, declared in March 2020, has profound repercussions on global labor markets. While it has affected individuals across the board, its consequences have not been gender-neutral. This paper provides a feminist perspective on the pandemic's effects on labor, with a focus on how women workers have been disproportionately impacted. The COVID-19 pandemic has starkly illuminated pre-existing gender inequalities within labor markets and labor law systems worldwide. This research presents a feminist analysis of the pandemic's impact on labor, examining both legal and theoretical dimensions. It seeks to elucidate the unique challenges faced by women workers during the pandemic and to propose ways in which labor laws can evolve to address these inequalities. In the present study, initially, the author has attempted to identify the philosophical foundation of the existing relation between labour law and feminism. The author here investigates whether is there any link in the philosophical studies to resolve the problems posed by the novel pandemic. Secondly, in order to exhibit the worsened position of females gender dimension of unpaid work is explained. Then, the author sketches the laws and courts pronouncements to emancipate the women labour force aroused due to the pandemic. Lastly, the author endeavours to put forth certain recommendations to resolve the issues of women labour.

Spełnienie świadczenia do rąk osoby okazującej pokwitowanie wierzyciela - źródła regulacji w prawie polskim

This article deals with the origins of the Polish regulation on fulfilling an obligation to the person bearing a receipt issued by the creditor. The article focuses primarily on the regulation set forth in the Polish Code of Obligations of 1933 and its impact on the Polish Civil Code of 1964. The authors of the Code of Obligations faced the challenge of unifying four different systems of private law after Poland regained its independence in 1918. At the same time, this mosaic of systems was a great opportunity for them to introduce new, original solutions. The importance of the way in which the authors of the Polish Code of Obligations addressed this issue can also be seen in the analyzed rules on the fulfillment of an obligation to the person bearing a receipt issued by the creditor. This article first presents the origins of this legal construction in the first German Commercial Code (Allgemeines Handelsgesetzbuch of 1861) and then looks at the codifications and drafts which were relevant to the provisions adopted in the Polish Code of Obligations. Finally, the article seeks to demonstrate to what extent the regulations of the Code of Obligations have influenced the provisions of the Polish Civil Code of 1964.