Finding the Way in a Complex Multi-Level Legal Framework

2019 ◽  
pp. 9-83
Author(s):  
Giulia Lasagni
Keyword(s):  
Legal Framework ◽  
Multi Level ◽  
The Way

scholarly journals SYARI’AH DALAM PERSPEKTIF PELAKU BISNIS MLM SYARI’AH AHADNET INTERNASIONAL ( Studi Kasus di Kota Semarang )

2016 ◽  
Vol 4 (2) ◽  
pp. 55
Author(s):  
Choirul Huda
Keyword(s):  
Business Operations ◽  
Multi Level ◽  
Proper Interpretation ◽  
Wrong Interpretation ◽  
The Way

<em>PT. Ahadnet International, a business Multi Level Marketing (MLM) Syariah, is a MLM business operations based on the principles of syari'ah . The business attracted many people from among Muslims because it offers businesses with marketing Islamic halal products and toyyib. No doubt, many Muslims were later merged into the Ahadnet MITRANIAGA. Nevertheless, the Muslims interests of this business does not mean not raising the issue. Labeling the word “Syariah” is attached to the naming MLM International Syari’ah Ahadnet it needs proper interpretation. Wrong interpretation of the word shariah for the Ahadnet International MLM syari’ah business will bring counterproductive, both for the company, MITRANIAGA and for Islam itself. Seeing this phenomenon, it is through this study, researchers are trying to see how far the understanding of the actors (MITRANIAGA) International Ahadnet the term shari’ah. Their understanding of Shari’ah will affect the way they work on the syariah business in genera,  particularly MLM syari’ah business</em>

scholarly journals Legal Regulation of Ensuring Nuclear Safety and Security in Ukraine on the Way to European Integration

2020 ◽  
Vol 9 (1) ◽  
pp. 406
Author(s):  
Sergiy Dubchak ◽  
Valentyna Goshovska ◽  
Volodymyr Goshovskyi ◽  
Oleksandr Svetlychny ◽  
Olena Gulac
Keyword(s):  
European Integration ◽  
Legal Framework ◽  
Legal Regulation ◽  
Nuclear Safety ◽  
Nuclear Facilities ◽  
Energy Agency ◽  
Member States ◽  
Eu Member States ◽  
The Eu ◽  
The Way

The article is devoted to the analysis of legal regulation of the sphere of nuclear safety and security of Ukraine on the way to European integration. The authors drew attention to the importance of Ukraine achieving the necessary level of and nuclear sefaty and security adopted in the EU member states. The emphasis was placed on the fact that the prospects for fulfilling national obligations in the field of nuclear safety in accordance with European standards directly depend on solving the problems of ensuring the functioning of nuclear facilities, the physical protection of nuclear materials and installations as well as radioactive waste management. The main directions of ensuring the nuclear safety and secutiry in the world within the international law are considered. The role and activities of the International Atomic Energy Agency (IAEA) in setting up a regulatory framework for nuclear safety and security are analyzed. The international legal framework for nuclear safety and security was discused.The legislative basis for nuclear safety and secutiry in the EU IS characterized. The issue of legal norms unification in the field of nuclear safety regulation of EU member states was considered. The principles of legal regulation of nuclear a safety and security in Ukraine are characterized. Key words: nuclear safety, nuclear security, public administration of nuclear safety and security, legal regulation of nuclear safety and security, European integration, sustainable development in the field of ensuring nuclear safety and security. UDC 35:574:339.9:349.6        JEL Classification: K 23, K 32, K 33,  Q 5

Comparison of Contractual Liability Patterns in the British Legal System and the Iranian Legal System

2021 ◽  
Vol 3 (2) ◽  
pp. 10-15
Author(s):  
Nancy Asbaghipour ◽  
Reza Simbar
Keyword(s):  
Legal System ◽  
Legal Framework ◽  
Iranian Law ◽  
The Uk ◽  
The Way

No part of society can elude legitimate occasions. Some of the time, eagerly or unwillingly, another is hurt, and the issue of hurtful obligation or how to compensate is raised by others. The rules and controls of each nation or other nations may be distinctive, and the way of demonstrating obligation and its components and the approach of the courts in deciding the sum of harms may moreover be diverse. Since the legitimate British framework is to some degree diverse from the legitimate Iranian framework, it appears valuable to know the sees of this framework. The think about of these likenesses and contrasts, counting the way of sanctioning laws, their modification, the way of the trial of courts and the limits of duties and the way of execution of judgments, raises numerous scores and gives other viewpoints for analysts to be utilized in tackling issues in society. The article presented attempts to clarify the perspective of the UK legal framework and compare it with the Iranian legal framework in terms of designing respectful risks within the contract to realize the over the result. All legitimate frameworks look for a full stipend. In this respect, due to the reality that the strategy of remuneration among other remuneration strategies within the UK, the legitimate framework of this nation has set exact criteria based on which the assurance of full emolument. It is more standard and precise. Iranian law is generally appropriate on the issue of damages. This can occur despite the fact that the refusal of the rule of the presence of a way of a stipend in infringement of legally binding commitments has not been considered with assurance.

Part I Rationales for State Aid Rules, 4 The Legal Framework to Subsidies and State Aid Review

2016 ◽  
Author(s):  
Kreuschitz Viktor ◽  
Nehl Hanns Peter
Keyword(s):  
National Level ◽  
Great Influence ◽  
Legal Framework ◽  
State Aid ◽  
Eu Member States ◽  
Procedural Law ◽  
Legitimate Interests ◽  
General Principles Of Law ◽  
Multi Level ◽  
Procedural Rights

This chapter assesses the legal framework of the multi-level system of State aid and subsidies control not only on the level of the EU but also on the international level—the World Trade Organization (WTO)—and the national level by EU Member States. The control of subsidies and State aids as a multi-level phenomenon has been a laboratory of design solutions for procedural law provisions, enforcement techniques, and the development of general principles of law. It is one of the fields of law which has been most influential for the development of modern public law as a multi-level legal system with several constitutionalized levels. Not only by the sheer force of numbers and issues raised, State aid and subsidies cases have had a great influence on the development of procedural rights such as defence rights. It also added to the clarification of notions of discretion, the protection of legitimate interests, and principles of equality.

Part V The Scope of Refugee Protection, Ch.45 Conflict Refugees

2021 ◽  
Author(s):  
Wouters Cornelis (Kees)
Keyword(s):  
Legal Framework ◽  
Armed Conflicts ◽  
Human Suffering ◽  
Refugee Convention ◽  
Refugee Protection ◽  
Dynamic Interpretation ◽  
Societal Structure ◽  
Definition Of ◽  
The Way

Armed conflicts have always been and still are major causes of refugee movements. They invariably cause human suffering, destroying State and societal structure and affecting the lives of civilian populations. While it is difficult to contest that people should not be returned to conflict, different thinking and practices are discernable in relation to the applicable legal framework for providing refugee protection to people displaced across borders by conflict. These discrepancies arise in part from the way in which conflicts are understood; the way in which the definition of a refugee in the Refugee Convention has been interpreted and applied; and in part from limitations in the definition itself. Recognizing ‘conflict refugees’ as refugees within the international legal framework requires an understanding of the dynamics of conflicts and a dynamic interpretation of the refugee definitions at global and regional levels.

Party Organizational Linkage

2020 ◽  
pp. 70-101
Author(s):  
Lori Thorlakson
Keyword(s):  
Institutional Design ◽  
Shared Values ◽  
Party Organizations ◽  
Vertical Linkages ◽  
Multi Level ◽  
Organizational Linkages ◽  
The Way ◽  
Organizational Linkage

The literature argues that vertically integrated parties are important for generating or encouraging stability in multi-level systems. This chapter differentiates between party organizational linkages at the level of resources and services, cooperation, and attitudinal dimensions. Drawing on data from a survey of over 250 subnational party organizations in seven multi-level systems, this chapter shows that the institutional design of a federation does not necessarily predict the way in which parties share resources and services through vertical linkages, but it does help us predict other important aspects of multi-level organization. This includes the degree of shared values and the ideological distance between subnational and federal parties.

Rethinking the allocation criteria of the labour law rights and protections: A risk-based approach

2020 ◽  
Vol 11 (2) ◽  
pp. 131-141
Author(s):  
Federico Fusco
Keyword(s):  
Service Providers ◽  
Legal Framework ◽  
Production Model ◽  
Labour Law ◽  
Digital Platforms ◽  
Economic Framework ◽  
Gig Economy ◽  
Allocation Criteria ◽  
Market Transaction ◽  
The Way

The present paper investigates the ongoing validity of the notion of subordination as selection criteria to allocate the labour protections in the contemporary economic framework. The gig economy is deeply affecting the way of working, transforming the employee in a service provider. This phenomenon is partially due to the progressive shift from a firm-based production model towards a market transaction based one. Although its lawfulness is still unclear, it highlights that the way of working is changing in a way that struggles to fit into the classic legal categories. This is mainly due to the fact that the labour protections are usually bestowed moving from a notion of subordination highly focused on the organisational element. Thus, economic actors suffering from the same economic weakness of the employees, but organisationally independent, struggle to obtain the necessary protections. Moving from those remarks the author suggests rethinking the allocation criteria of the labour protections, adopting economic weakness as the main criterion. This category should encompass all the individuals performing a working activity that are not able to significantly influence its financial outcome. The aim of such reform should be to extend the labour protections to all the subjects needing them. The final part of the paper investigates the possible solutions under the current legal framework. The major finding is that under certain circumstances the gig workers can be qualified as temporary employees not of the platform, but of the contractor. In this scenario, the digital platforms should be deemed as job-placement service providers and, thus, they should comply with the relevant provisions. These include the eventual need of administrative authorisations and the free-of-charge principle, whose violations represent, in several jurisdictions, a criminal offence

The Evolving Nature of the Jurisdiction of the Security Council

2019 ◽  
pp. 480-503
Author(s):  
Georg Kerschischnig ◽  
Blanca Montejo
Keyword(s):  
Cold War ◽  
Civil Society ◽  
Security Council ◽  
International Security ◽  
Legal Framework ◽  
Member States ◽  
International Jurisdiction ◽  
Rules Of Procedure ◽  
The Cold War ◽  
The Way

This chapter studies the original conception of the Security Council’s jurisdiction and contrasts it with the way its jurisdiction has developed and expanded in practice since the end of the Cold War. The Security Council’s jurisdiction—which is principally political and informed primarily by political rather than legal considerations—rests on a limited legal framework consisting of provisions in the UN Charter and of the Council’s own provisional rules of procedure. Nevertheless, the Security Council’s jurisdiction has expanded considerably since the end of the Cold War and has expanded into areas beyond international security. One notable area in which the Council’s competence has increased in this period is that of sanctions. These jurisdiction-related developments in the Council’s practice reflect a world in which the line between national and international jurisdiction are no longer clear or desirable. At the same time, the Council has also increased its interaction with UN Member States and with civil society.

ZAWOALOWANA I BEZPOŚREDNIA UWAGI O FEMINOŚWIATACH MARII PINIŃSKIEJ-BEREŚ I EWY PARTUM1

2019 ◽  
Vol 25 (25) ◽  
pp. 108-135
Author(s):  
Andrzej Kostołowski
Keyword(s):  
Multi Level ◽  
1960S And 1970S ◽  
The 1960S ◽  
The Way

The proposals of art by the internationally known: Maria Pinińska-Bereś (1931–1999) and Ewa Partum (b. 1945) have been emerging since the 1960s and 1970s as the successive steps driving through the shell of masculine domination in art. Owing to the power and coherence of the liberation endeavours, both artists have worked out their own forms of creativity. Through the individuality of feminine approaches they manifested in their statements some sort of model message, and at the same time a uniqueness in the way of using artistic means of expression. For the sculpturess and “performeress” Pinińska-Bereś entangled in the multi- level dualism of the patriarchal domination and neo-avant-guarde freedom, the method depended on showing psychoanalytically filtered depths through the veiled object allusions. For the relatively early emancipated and direct in her strong performances conceptual artist, Ewa Partum, the fusion of corporal presence with critical ideas was, and still is, important.

scholarly journals THE LEGAL FRAMEWORK OF MEDIATION IN BRAZILIAN LAW

2018 ◽  
Vol 2 (2) ◽  
pp. 113-141
Author(s):  
Humberto Dalla Pinho
Keyword(s):  
Legal System ◽  
Legal Framework ◽  
Civil Procedure ◽  
National Council ◽  
The Way

The text analyzes the introduction and evolution of the legislative treatment given to the institute of mediation in Brazilian law, from Bill No. 4,827/98 up to the Bills of the Ministry of Justice (ENAM) and the Federal Senate. Along the way we also examine the text of the Project for a new CPC (Code of Civil Procedure) and Resolution No. 125/10 from the National Council of Justice. At the end the principal aspects and trends for our legal system are set out. 

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