Law Systems Research Articles

Advancing Justice Through Technology: A Comparative Analysis of Data-Driven Approaches to The Burden of Proof in Criminal Cases in The USA and Pakistan

In this paper, the burden of proof in criminal justice is examined concerning technological innovations: The United States and Pakistan A Comparative Analysis. This paper looks at how digital evidence, much like forensic technologies and AI have impacted the legal proceedings, especially on aspects of discovery up come to scrap for proof. The research uses a mixed methods approach through case analysis and interviews with legal professionals to illustrate some of the benefits and barriers on deploying technical solutions in criminal justice. The study concludes that these innovations improve the reliability and efficiency of legal processes while posing significant challenges for developing legals frameworks, reliable evidencing practice or regulations, as well as clear ethical standards. The findings illustrate the divide between digitally rich and poor law systems, highlighting that effective legal reforms must be accompanied by sustained training for justice sector officials with a nuanced approach buttressing core human rights such as data privacy or presumption of innocence. This research adds to the rich literature on technology in justice and provides important lessons for policy makers, legal professionals, academics who wish to transform the criminal justice system of the future by leveraging digital technologies.

The EU Divorce Jurisdiction of Brussels IIB Regulation and Its Implementation in Austria

To accommodate the needs of its citizens in building relationships across borders, the EU has provided several regulations. Since its first establishment in 2000, the EU regulations on divorce and legal separation jurisdiction have been amended twice. There are some significant changes in this jurisdiction, from its original regulation in 2000 to its amendment version in 2003 up to the current version that was established in 2019. This paper tries to investigate the implementation of the current ruling EU instrument in Austria through three approaches by evaluating: 1) the infringement cases, 2) preliminary ruling proceedings, and 3) further official actions conducted by Austria. It can be concluded that Austria has never been accused of any infringements of the three regulations. The court judgments of the two proceedings of preliminary ruling submitted by Austrian courts concerning Brussels IIA Regulation are also in accordance with the regulated law of EC No 2201/2003. The establishment of an introductory decree on the summary and legal explanations of the Council Regulation EU No 1111/2019 by Austria is a very good practice that can be adopted by other EU member states. Therefore, this paper suggests that Austria has effectively implemented the 2019 EU instrument.

Legal Protection of Land Rights in Mixed Marriages Ending in Divorce

General Background: Mixed marriages in Indonesia face legal complexities, especially regarding property division upon divorce due to differing national laws. Specific Background: Conflicts between the Basic Agrarian Law (UUPA) and the Civil Code (KUHPerdata) complicate land ownership rights in these marriages. Knowledge Gap: Few studies address the protection of Indonesian citizens’ land ownership rights in mixed marriages ending in divorce. Aims: This study analyzes the legal protection of these rights and identifies existing obstacles. Results: Key challenges include legal jurisdiction complexities and a lack of prenuptial agreements, leading to legal uncertainties. Novelty: This research focuses on the interplay between national land ownership laws and international marital dissolution. Implications: The study suggests the necessity for stronger prenuptial agreements and reforms to better protect land ownership rights post-divorce, enhancing legal certainty and fairness. Highlights: Legal Conflicts: Highlights how discrepancies between the UUPA and KUHPerdata complicate land ownership rights. Prenuptial Agreements: Emphasizes the critical need for robust prenuptial agreements in mixed marriages. Legal Reform: Calls for reforms to improve legal protections for land ownership rights post-divorce. Keywords: Mixed Marriage, Land Ownership, Divorce, Legal Protection

Do cultural differences affect the share price puzzle?

We examine the impact of cultural differences on nominal share prices across 63 countries from 2002 to 2018. Using institutional and catering theories, we assess how cultural dimensions—including World Governance Indicators (WGI), legal systems, religious influences, and GLOBE dimensions—affect the spatial heterogeneity of share price levels. Our findings indicate that share prices are higher in countries with common law systems and comprehensive information reporting, as these environments tend to attract institutional investors. Conversely, cultural traits emphasizing altruistic values correspond with lower share prices, reflecting the preferences of individual investors.

THE LEGAL CONCERNS OF THE SETTLEMENT DISPUTES BY THE COUNCIL ON THE INTERNATIONAL CIVIL AVIATION ORGANIZATION

Background: The International Civil Aviation Organization (ICAO) is a “Club” of sovereign States. ICAO is a specialised United Nations agency (UN) with 193 Member States. If a dispute between these States and the diplomatic channels does not find a mutual solution, disagreement arises; however, the ICAO Council has an essential function in settling disputes. This settlement procedure is structured under the Chicago Convention (1944), the Rules for the Settlement of Differences (1957) and the Rules of Procedure for the Council (1969). However, Member States do not welcome these provisions, demonstrated by the scarcity of dispute settlement procedures before the ICAO Council in the last 80 years. This article introduces these legal disputes and looks for justifications based on the nature of the cases. The Council is a unique permanent body within ICAO. Although ICAO in the former century became rather a political (diplomatic) body upon its foundation, that is why the absence of successfully concluded dispute resolutions is a legal viewpoint that is more than interesting. This research paper reveals examples of the lack of effectiveness of the ICAO Council’s dispute settlement, focusing on the nature of the State’s interests and the outcomes of the procedure, furthermore, the role in these disputes in front of the International Court of Justice (ICJ) or arbitration. Methods: This article focuses on understanding and analysing the historical context, international cooperation and diplomacy, and the regulatory landscape of dispute resolutions and settlements. The search was based on databases, academic journals, and official publications from aviation authorities and organisations such as ICAO. The research utilised qualitative and quantitative methods based on empirical observations and examinations (document analysis and case studies). Results and conclusions: The ICAO Council has rule-making, judicial and administrative functions. It is a quasi-judicial body, and its President has the authority to settle disputes among the contracting States. However, if we look at the history, in the last 80 years, only 10 cases were handled by the ICAO Council. The main reason for the lack of ICAO Council dispute settlement decisions is the growing diplomatic (political) function of the ICAO Council. Aviation is a crucial commercial activity for every State, meaning the aviation industry is determined by political interests and decisions. Such political interests and subtle international relations often prevent States from submitting themselves to binding legal procedures. Another reason for fewer disputes before the ICAO Council is the need for more provisions and rules to support transparent and legally binding decisions. The current rules are neither appropriate nor comprehensive enough and cannot be executed in the same manner as court decisions. In addition, the ICAO Council’s decision can be appealed to non-ICAO bodies such as the International Court of Justice. Therefore, it is highly recommended that the whole processual mechanism be revised or that a new, dedicated judicial body with clear legal status, jurisdiction, and competence for dispute resolutions be created.

PREJUDICE AS A MEANS OF PROOF IN CRIMINAL PROCEEDINGS IN UKRAINE: A COMPARATIVE ANALYSIS WITH CONTINENTAL AND COMMON LAW SYSTEMS

Background: During the preparation of the CPC of Ukraine in 2012, the issue of legal regulation regarding the use of prejudice in the process of criminal procedure proof received little scholarly attention. Although much time has passed since then, this subject of discussion remains largely unexplored in textbooks and manuals on criminal procedure published after the adoption of the codified act. Even within the few scholarly investigations dedicated to prejudice in criminal proceedings, a communis opinion doctorum on some issues related to the means of proof has yet to be achieved. This article aims to clarify the concept, formulate its characteristics, uncover the significance of prejudice in Ukraine’s criminal procedure, and distinguish peculiarities of legal regulation and the use of this means of proof in criminal procedure law of countries with continental and general systems of law. Methods: The methodological basis of the article is a dialectical approach to the scientific understanding of social phenomena. In writing this article, general scientific and specialised legal methods of cognition were also used, including analysis, generalisation, structural and functional methods, hermeneutic methods, doctrinal or specialised legal methods, and comparative legal methods. Results and conclusions: It has been found that prejudicial significance is attributed to legal acts that summarise the outcome of criminal procedural activities in specific criminal proceedings. These legal acts include final judgments and rulings of the court and unrevoked decisions of the interrogator, investigator, detective, and prosecutor. Prejudice encompasses not only relevant facts and circumstances but also legal conclusions regarding them. The principleof free evaluation of proof allows the parties to come to different legal conclusions than those made in the previous criminal proceedings, with proper argumentation of their legal position. The use of prejudice in criminal proceedings of civil law jurisdictions is based on the doctrine of res judicata, while in common law systems, it is based on the doctrine of collateral estoppel. Examples from the criminal procedure of Poland, Greece, Italy, and the USA illustrate the specific features of using this means of proof.

Indonesian Law and Artificial Intelligence: Balancing Accountability, Ethics, and Innovation

Artificial intelligence (AI), which includes computing for perception, cognition, and action, raises complicated legal issues. This research investigates AI’s influence and legal implications, focusing on its autonomy in communication and creativity, which raises problems about language, intellectual property, and ethical accountability. Discussions differ depending on whether they are influenced by the Common Law or Civil Law systems. While Common Law defines AI as “computer-generated work,” Civil Law tends to see AI as a legal thing. This research aims to formulate a solid ground for an AI legal framework in the Indonesian national legal system. The research undertaken involves a thorough analysis of academic literature, focusing on the legal and ethical implications of AI, highlighting the need for a nuanced perspective to define its subjectivity. In conclusion, the complex interplay between artificial intelligence (AI) and legal principles involves reframing old terminology. Existing models for AI duty are called into question, and vicarious liability is one possible answer. AI is a derived law problem, so it needs to be carefully calibratedfor responsible innovation while also keeping ethics and technological progress in check.

Rights and Position of Adopted Children According to KHI and Common LAW

In Indonesia, three inheritance law systems apply namely civil, Islamic, and customary inheritance law. These three legal systems are implemented because there is no national inheritance law that can regulate all Indonesian people. This study aims to explain the position and inheritance rights of adopted children in the view of the Compilation of Islamic Law (KHI) and customary law. This research is descriptive normative legal research. Considering that the object of this study is the issue of the position and inheritance rights of adopted children as seen from Islamic inheritance law and customary law (jurisprudence), this type of research uses a normative juridical approach with a library research pattern. The research results showed that according to KHI, adopted children are not recognized as heirs of their adoptive parents, because the main principle of Islamic inheritance is a blood relationship. Meanwhile, according to Supreme Court jurisprudence, adopted children are equated with biological children and are considered capable of inheriting the assets of their adoptive parents.

Features of the part-speech composition of terms of international air law in English and Russian languages

The work reveals a problem of the part-of-speech composition in terms of the English and Russian languages in international air law. The study presents an analysis of the parts of speech included in the term structure in international air law according to the criterion of certain terminological field. The purpose of the study is to determine the most characteristic part-of-speech composition for the terms of several groups, identified on the basis of a common field in terminological systems Russian and English. This principle of analysis helps to compare terminological groups in different language systems. The objectives of the study were to identify the frequency of a certain part-ofspeech structure for the terms of the Russian and English languages. The work presents an empirical study, which prove that the proposed version of the analysis makes it possible to compare each lexical and semantic group in the English language with the Russian language in terms of the frequency of a certain part-of-speech structure; to identify the main dynamics in certain part-ofspeech structures in the English and Russian terminological systems of international air law. Based on the results of the study, the following conclusions were made: comparative analysis of the partof-speech structure based on the criterion of a single semantic core within the branch of international air law is the most objective criterion that allows the comparison of terms from two different language systems within the framework of cross-linguistic research; part-of-speech structures of terms are directly related to the structural features of the Russian and English languages.

Book Review Mauro Bassanini, Antony J. Sebok, Marta Infantino, Common Law and Civil Law Perspectives on Tort Law, New York, NY: Oxford University Press, 2022.

The work by Bassanini, Sebok and Infantino, published by Oxford University Press, is an interesting and in-depth analysis of the law of civil liability, in five legal systems: England, the United States, France, Germany and Italy. The analysis starts from the identification of this area of law, as named in the different legal systems as “tort law”, “responsabilité civile”, “Deliktsrecht”, “responsabilità civile” The work contains a lucid, wide-ranging and detailed comparison between the Common Law and Civil Law systems selected with specific reference to the «civil liability for injuries arising outside of contract»

COMPARISON OF FAMILY LAW SYSTEMS IN THE UNITED STATES, INDONESIA, AND FRANCE: A CASE STUDY OF MARRIAGE AND DIVORCE RULES

Family law systems in different countries significantly differ between marriage and divorce regulations. This research aims to compare the family law systems in several selected countries and analyze the marriage and divorce regulations in these countries. The research method used is qualitative with a case study approach. At the same time, primary and secondary data are obtained from literature studies where the retrieval process is from various trusted sources such as journals, books, and legal regulations. Data analysis uses descriptive analysis of research methods by collecting data after the actual data is compiled, processed, and analyzed to provide an overview of the existing problems. The results show that the selected countries, namely the United States, France, and Indonesia, have different marriage requirements, divorce proceedings, property division, and child custody regulations. An in-depth discussion of these differences provides a better understanding of the family law system in each country and its implications for individuals involved in the marriage and divorce process. This research concludes that comparing family law systems in different countries opens up room for developing better regulations to protect the interests of individuals and families in the context of marriage and divorce.

The Framing of Minority Threat and Moralization to Criminalize Behavior: The Case of Cannabis in the Early 20th Century

Abstract Understanding why particular behavior is encoded in law or other systems of rules has been a core topic of sociology since its inception. Although differing rhetorical frames have been identified in policy debates, little research directly links such rhetoric and policy passage. Centering framing theory, we use the case of U.S. cannabis criminalization via mixed-methods content analyses of 9,707 nationwide newspaper articles and event history analysis of state-level criminalization to make several contributions. First, we go beyond describing rhetorical frames, demonstrating that core framing tasks were associated with spatial and temporal state-level cannabis law passage. Second, we emphasize that consolidation of two “master frames,” legal and racial, are particularly pertinent to criminalization and permit incorporation of rhetorical minority threat into framing. Third, an overreliance on population-based minority threat exists in the literature; however, threat can operate absent minority groups. While demonstrating the effect of vilification of Mexican people, we show that a heterogeneous “othering” of cannabis, by attaching threat to numerous minority groups, was significant for cannabis criminalization, regardless of minority groups’ actual presence. In addition to interrogating longstanding assumptions regarding cannabis criminalization, our analyses demonstrate the importance of framing and rhetorical racial threat in the social construction of law.

Inequality in Africa: Does injustice matter?

AbstractThe following study aims to investigate the impact of injustice on income inequality in Africa between 2000 and 2020. Both male and female injustice levels are evaluated using gender‐specific scores to indicate the injustice suffered by both genders. The study utilized the Gini and Palma ratios as proxies for income distribution inequality. After addressing error term‐related problems with the Newey‐West Standard Corrected Error approach, the findings indicate that injustice is a significant contributor to inequality in Africa, especially for females, with little evidence of male injustice. The results are consistent for both middle and low‐income countries that adopted the French civil law and English common law systems to govern their institutions. Additionally, the study found that educational development and basic welfare maintenance contribute to reducing inequality in Africa, which is exacerbated by many barriers to political inclusion. To address the gender bias in income distribution, policymakers in Africa should design policies that provide equal access to justice for both male and female populations. The study also suggests adopting policies that enhance human capital accumulation and political inclusion in‐state activities to create a safe, just, and equal environment.

Czech Republic: Czech private foundations and trusts in the light of recent discussions and case law

Abstract This article aims to summarize, in the context of recent court decisions (case law), the development of the views and concepts with which private foundations and trusts have been viewed in Czech law over the last 10 years. In this respect, the authors believe that Czech law can serve as a kind of (albeit imperfect) laboratory for exploring the general difficulties encountered by traditional civil law jurisdictions in introducing these wealth management instruments institutes into traditional civil law systems.

El derecho informático y la influencia en los sistemas de información: un análisis bibliográfico bajo la perspectiva jurídica y tecnológica en Ecuador

This research focused on computer law and information systems in Ecuador. The aim was to analyze the legal and technological perspectives of computer laws and their influence on information systems in the Ecuadorian context. A PRISMA review protocol was established to obtain the bibliography, and advanced techniques such as Word2Vec and cosine similarity analyses were applied to two different linguistic corpora (Spanish and English). Hierarchical dendrograms provided a visual representation, highlighting groups of articles and the complexity of the relationship between computer law and information systems. The comparison between the corpora showed similarities and differences, such as the more marked connection between two of the articles in the Spanish corpus. The study revealed a significant connection between computer law and information systems, underscoring common themes such as cybercrime, data protection, and intellectual property. Links supported by Ecuadorian legislation were identified in areas such as software protection and e-commerce. However, the need to effectively implement the laws and broader international cooperation to address challenges such as cybercrime is emphasized. The study demonstrated disparities and connections between Ecuador's computer law and information systems. The need to adopt an interdisciplinary approach for future research is underlined.

“Nemo contra se tenetur edere”: The curious case of discovery in civil law, especially in Italy

Like many legal principles we rely on daily, “Nemo contra se tenetur edere”—meaning no one can be compelled to give evidence against themselves—does not have noble Roman origins. In fact, the Romans were quite accustomed to disclosure. Nevertheless, this principle dominates within civil law systems. A quite recent article by a prominent Italian scholar of Roman law has once again demonstrated that secrecy in ancient Rome was not considered a virtue, but rather the opposite. For example, the confidentiality of a will was an exception, intended to protect its integrity from tampering and falsification. In this editorial, I will briefly examine this principle in the context of obtaining documentary evidence from the opposing party.

The sound of silence and the advocacy's forgotten role

This article discusses the old dictum nemo tenetur edere contra se from the point of view of lawyers, identifying ethical profiles in the presentation of evidence in relation to the professional secret and discussing the rationale of the lawyer's role who is entrusted with the task of selecting evidence, both in civil and common law systems.

중국 민사소송에서의 온라인 증언 방식에 관한 연구

The role of witnesses in uncovering the truth of a case is very important, and witness appearances in court hold significant meaning in civil litigation. However, witnesses often hesitate to appear due to a lack of time or the court being located far away. Additionally, fear of retaliation from the parties involved leads many witnesses to refuse to testify in court. This results in a low rate of witness appearances, which is recognized as a serious issue in Chinese civil litigation. The advancement of internet technology offers a solution to this problem. By allowing witnesses to testify online, it saves time and costs associated with testifying, and reduces direct contact between witnesses and parties, effectively protecting the safety of witnesses. Therefore, this method of online testimony provides a potential solution to increase witness court appearance rates. However, the current online testimony method has issues such as unclear nature, difficulty in accurately verifying witness identity, and challenges in ensuring the credibility of the testimony. To resolve these issues, it is first necessary to legally clarify the online testimony method as a form of court appearance testimony. Additionally, measures to strengthen the verification of witness identity should be implemented. For example, legislative measures to clearly define penalties for identity theft of witnesses, reinforcing judges' obligations to verify identities, and directly connecting online litigation platforms with systems of third-party agencies like police and administrative authorities to facilitate thorough identity verification. Such measures will prevent identity theft and accurately confirm the identity of witnesses, thus protecting the legitimate rights and interests of parties and enhancing the fairness and efficiency of litigation. Furthermore, to strengthen the credibility of testimony, the following measures can be considered: 1. Establish an online oath system for witnesses, ensuring they understand the legal consequences of false testimony. 2. Emphasize the importance of adhering to court order, ensuring that witnesses follow the same rules online as they would in an offline court. 3. Adhere to the principle of isolated examination, preventing witnesses from being influenced by other witnesses or participants. 4. Utilize the cross-examination method from common law systems to enhance the credibility of testimonies. In conclusion, the method of online testimony can be a useful tool to increase witness court appearance rates, but effective utilization requires legal, technical, and institutional improvements.

Combating Discrimination against Ethnic Minorities: From the Perspective of International Law and National Legislation

The pervasive issue of discrimination against ethnic minorities transcends national borders and affects millions of individuals worldwide. Addressing this form of discrimination necessitates strong legal frameworks and diligent enforcement. This paper seeks to analyze the international legal mechanisms established to protect ethnic minorities and assess how these frameworks are implemented and reinforced by national legislation, with a focus on Vietnam. Through an exploration of the synergies and disparities between international law and national legal systems, this paper aims to gain a comprehensive understanding of the effectiveness and challenges involved in combating ethnic discrimination.

The Effectiveness of International Human Rights Law, National Legislation, and Judicial Systems in Protecting Minority Rights

The protection of minority rights is a critical aspect of human rights governance, necessitating effective mechanisms at both international and national levels. This study investigates the effectiveness of international human rights law, national legislation, and judicial systems in safeguarding minority rights. Employing a qualitative approach, this research analyzes the implementation and enforcement of legal frameworks aimed at protecting minority groups across various jurisdictions. Through a comparative analysis of case studies and legal documents, the study explores the strengths and limitations of international human rights instruments such as the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, as well as national legislative measures and judicial decisions. Key factors influencing the effectiveness of minority rights protection include the extent of legal recognition, enforcement mechanisms, political will, and societal attitudes towards minority groups. The findings underscore the importance of robust legal frameworks and judicial systems that uphold minority rights and provide effective remedies for violations.