The Indian Yearbook of Comparative Law 2016

The contributions, by eminent scholars, included in The Indian Yearbook of Comparative Law 2016 discuss the discipline of comparative law in India and is of immense importance for legal scholarship around the globe. Unlike the West, that has covered almost all aspects of law from private to public law matters of national, transnational, and international relevance, not much work has been done in the discipline of Comparative law in India. In view of the countries and people of the world coming closer day by day, the need for the comparative study of law is becoming a sine qua non for participation in almost all transactions among people living across the globe. The attempt made with this volume will not only meet the much-awaited need of having reading materials on comparative law, but will also create a forum for legal scholars around the world to express their views on different aspects of law in comparative perspective. The issues covered her range from comparative legal methods to comparison in different aspects of law in different countries, as well as transnational and international bodies such as European Union and the various bodies of the United Nations. The issues covered include corporate law, constitutional law, human rights, environmental law, globalization, democracy, privatization, and several other contemporary legal issues.

2020 ◽  
Author(s):  
Brijesh Kundaliya

IoT and WSNs are the prime moving force for technology in the current world. WSNs unfold their capacity day by day in almost every aspect of life. IoT enables to integrate the different devices and makes it possible to communicate with each other. It makes life easier and upgrades the application’s usage to the next level. The integration of WSNs with IoT will help to reach apical of the usage of applications. The combination of WSNs and IoT will open up new doors in almost all the possible fields however the amalgamation of both the technology needs careful consideration about bringing the both on same level. The IoT is considered a mighty giant with enormous power and capability. On the other side, WSNs are miniature having limited resources but the tremendous capability to penetrate in almost every aspect of life. WSN’s limited resources are the main concern while integrating it with the IoT. The integration will make it possible to access the sensor node from any part of the world. It implies that now the sensor node is open for any heterogeneous internet user in the world. It will cause a security issue. Moreover, the topology and addressing of WSNs are different from the normal internet which needs to be addressed during the integrations. And there are other challenges too which we discussed in depth in this chapter.


2020 ◽  
Vol 1 (1) ◽  
pp. 58
Author(s):  
Otih Handayani

<p>The Covid-19 pandemic spreads almost all over the world, including Indonesia. The rapid spread of many fatalities resulted in the government using various means to overcome the pandemic, among others, with preventive efforts through massive disinfectant spraying. This research aims to lysis on applying the principle of prudence in the use of a disinfectant. This research is doctrinal/normative legal research with a statutory approach. Data is collected with literature studies, qualitatively analyzed. The results describe the use of large and inappropriate disinfectants that cause environmental pollution and adverse effects on public health. Environmental law analysis using Law No. 32 of 2009 and the regulations below can protect legal certainty and protect everyone's right to a good and healthy environment to protect the entire ecosystem.</p>


2017 ◽  
Vol 5 (1) ◽  
pp. 1-24
Author(s):  
Fathudin . ◽  
Ahmad Tholabi Kharlie

The debate about the existence of clemency as a prerogative of the president stems from the understanding that the rights is coming independently from the authority and without any branches of power. In this context, the comparative study of the constitutional norms in some countries in the world related to the norm of clemency is important to read the tendency of other countries about clemency rules. This study shows that the constitutional norm of countries in the world basically has the same tendency in the application of clemency by the president; there is involvement of other branches of power. Some constitutions of the world call the recommendation, hearing, information, consultation, advice, in accord, concurrence (approval) and others. The involvement of other branches of power in the grant of pardon does not mean reducing the authority of the president (prerogative), but it has become a tendency in almost all modern states to embrace the system of government power within the framework of public accountability. The term prerogative of the president (absolute) in practice is no longer absolute and independent. Perdebatan sepuar eksistensi grasi sebagai hak prerogatif presiden berpangkal pada pemahaman yang menyebut bahwa suatu hak disebut sebagai hak prerogatif presiden jika kewenangan yang lahir dari hak tersebut bersifat khusus dan  mandiri tanpa adanya keterlibatan cabang kekuasaan lain. Dalam konteks ini, kajian perbandingan terutama terhadap norma konstitusi di beberapa negara di dunia terkait dengan norma tentang grasi menjadi penting untuk memotret kecenderungan yang dimiliki negara-negara lain dalam hal pengaturan tentang grasi. Kajian ini menunjukan bahwa norma konstitusi negara-negara di dunia pada dasarnya memiliki kecenderungan yang sama dalam penerapan pemberian grasi oleh presiden, yakni ada keterlibatan cabang kekuasaan lain. Beberapa konstitusi negara-negara di dunia menyebut keterlibatan tersebut dengan menggunakan ragam istilah seperti recomandation, hearing, inform, consultation, advice, in accordance, conccurance (persetujuan) dan lain-lain. Adanya keterlibatan cabang kekuasaan lain dalam mekanisme pemberian grasi bukan berarti mereduksi kewenangan presiden (hak prerogatif), tetapi memang menjadi kecenderungan hampir di semua negara-negara modern untuk menganut sistem pemerintahan yang berusaha menempatkan segala model kekuasaannya dalam kerangka pertanggungjawaban publik, sehingga istilah hak prerogatif presiden (sacara mutlak) dalam prakteknya tidak lagi bersifat mutlak dan mandiri. DOI: 10.15408/jch.v5i1.6574


2018 ◽  
Vol 6 (1) ◽  
pp. 60-77 ◽  
Author(s):  
Anna Lührmann ◽  
Marcus Tannenberg ◽  
Staffan I. Lindberg

Classifying political regimes has never been more difficult. Most contemporary regimes hold <em>de-jure</em> multiparty elections with universal suffrage. In some countries, elections ensure that political rulers are—at least somewhat—accountable to the electorate whereas in others they are a mere window dressing exercise for authoritarian politics. Hence, regime types need to be distinguished based on the<em> de-facto</em> implementation of democratic institutions and processes. Using V-Dem data, we propose with Regimes of the World (RoW) such an operationalization of four important regime types—closed and electoral autocracies; electoral and liberal democracies—with vast coverage (almost all countries from 1900 to 2016). We also contribute a solution to a fundamental weakness of extant typologies: The unknown extent of misclassification due to uncertainty from measurement error. V-Dem’s measures of uncertainty (Bayesian highest posterior densities) allow us to be the first to provide a regime typology that distinguishes cases classified with a high degree of certainty from those with “upper” and “lower” bounds in each category. Finally, a comparison of disagreements with extant datasets (7%–12% of the country-years), demonstrates that the RoW classification is more conservative, classifying regimes with electoral manipulation and infringements of the political freedoms more frequently as electoral autocracies, suggesting that it better captures the opaqueness of contemporary autocracies.


Sensors ◽  
2021 ◽  
Vol 22 (1) ◽  
pp. 80
Author(s):  
Siva Kumar Pathuri ◽  
N. Anbazhagan ◽  
Gyanendra Prasad Joshi ◽  
Jinsang You

The COVID-19 pandemic has spread to almost all countries of the World and affected people both mentally and economically. The primary motivation of this research is to construct a model that takes reviews or evaluations from several people who are affected with COVID-19. As the number of cases has accelerated day by day, people are becoming panicked and concerned about their health. A good model may be helpful to provide accurate statistics in interpreting the actual records about the pandemic. In the proposed work, for sentimental analysis, a unique classifier named the Sentimental DataBase Miner algorithm (SADBM) is used to categorize the opinions and parallel processing, and is applied on the data collected from various online social media websites like Twitter, Facebook, and Linkedin. The accuracy of the proposed model is validated with trained data and compared with basic classifiers, such as logistic regression and decision tree . The proposed algorithm is executed on CPU as well as GPU and calculated the acceleration ratio of the model. The results show that the proposed model provides the best accuracy compared with the other two models, i.e., 96% (GPU).


Author(s):  
Dag Anckar

Constitutional amendments are as a rule enacted by special procedures that are more stringent than the procedure required of ordinary legislation. Some constitutions even make use of entrenched clauses which restrict in full the use of amendment; such constitutions, then, introduce what is called in this study "absoluty rigidity" (AR). Mapping the use of AR in the constitutions of countries of the world, this study shows that about one third of the countries have introduced for defined issues and principles a ban on amendment, differences between regions of the world being fairly small and the overall pattern therefore being global rather than territorial. However, more than countries in other regions, African countries are frequent AR-users. In regards to the question why some states resort to AR whereas others do not, findings are that democracies are not as frequent AR-users as are non-democracies; furthermore, diffusion stands out as an important explanatory factor, as evident from an inserted case study of former British colonies which indicates that a distaste of Britain for AR has indeed been transformed to the colonies, almost all of which have avoided the method. Concerning matters that enjoy AR-protection, territorial integraty, fundamental rights and freedmons, and republican and democratic forms of government are among the most frequent. A fair amount of the AR-entrenchements are in an empty-words category, as they are violated, even flagrantly, by the very states that have installed them.Key-words: Comparative law, constitution-making, constitutional rigidity, democratic politics.


2018 ◽  
pp. 187-219
Author(s):  
Veljko Turanjanin ◽  
Dragana Čvorović

The composition of a criminal court stands as one of the most interesting issues in the comparative law. Different viewpoints when it comes to the need of including non-professional citizens in the contemporary criminal procedure have contributed to interesting approaches related to regulating this issue. First of all, there are original jury systems that are a feature related mainly to the Anglo-American legal systems, but whose ideas have found their place in the European legislature as well. Furthermore, there are countries where the trial body stands as a separate authority, which consists of professional judges and lay judges, whereas some of the countries have both professional judges and lay judges, the first being in charge of resolving legal issues, and the second ones being in charge of factual issues. There are many articles devoted to the jury systems in the world, but in a very small proportion of them we could find solutions from the mixed court of the Balkan countries. Mixed court is one of the features continental countries. The authors compare Balkan countries, where Slovenia and Croatia being the European Union Members, whereas the rest of them are in the process of accession. Thereby, some of the countries strive to get their courts become more professional by leaving out citizens non-professional from the composition of trial chamber, while some of them have kept them, whereby the scope of their jurisdiction varies from one country to another. Today, it is a great question whether a mixed court will survive legislative changes, due to the criticism of the jurists and non-jurists.


Open Biology ◽  
2020 ◽  
Vol 10 (9) ◽  
pp. 200174 ◽  
Author(s):  
Ravikant Piyush ◽  
Keshav Rajarshi ◽  
Rajni Khan ◽  
Shashikant Ray

The world is passing through a very difficult phase due to the coronavirus disease 2019 (COVID-19) pandemic, which has disrupted almost all spheres of life. Globally, according to the latest World Health Organization report (10 August 2020), COVID-19 has affected nearly 20 million lives, causing 728 013 deaths. Due to the lack of specific therapeutic drugs and vaccines, the outbreak of disease has spawned a corpus of contagious infection all over the world, day by day, without control. As the severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) has a very rapid infection rate, it is essential to develop a novel ameliorative and curative strategy as quickly as possible. Convalescent plasma (CP) therapy is a type of adaptive immunity that has already been found to be effective in confronting several infectious diseases from the last two decades. For example, CP therapy was used in the treatment of viral-induced diseases like SARS-CoV epidemics, Middle East respiratory syndrome coronavirus (MERS-CoV) pandemics, Ebola epidemics and H1N1 pandemic. In this review, we have mainly focused on the therapeutic role of CP therapy and its neutralizing effect to fight against the COVID-19 outbreak.


2019 ◽  
Author(s):  
Jonas Labinsky

‘Environmental Compliance’—the organisational ensuring of companies’ compliance with environmental law—relates to one of the most significant topics of the 21st century: environmental protection. This work, which is situated at the point at which corporate law and environmental law overlap, initially examines urgent legal issues at a general level from the perspective of both the USA and Germany: How comprehensive must companies’ compliance measures be? How far do compliance obligations extend within a corporate group? Do compliance obligations also extend to third parties in some cases (‘third party compliance’)? This work focuses on the corporate organisational obligations established by legislators in the field of environmental law and the additional steps that legislators may consider in this respect. The result is a comprehensive overview of how companies should organise their compliance with this law so that it corresponds to the legal system in which they operate.


2013 ◽  
Vol 62 (1) ◽  
pp. 55-95 ◽  
Author(s):  
Janina Boughey

AbstractIt is trite to observe that the past three decades have seen an ‘explosion’ in comparative law. Equally well-worn territory is the fact that constitutional law has been a particular beneficiary of the comparative trend, despite the fact that for much of the twentieth century comparative lawyers tended to avoid public law topics. However, one field of law that has been conspicuously absent from the boom in comparison, at least outside of Europe, is administrative law. This article analyses why the use of comparison has been so vastly different between the two areas of public law. It then surveys some recent developments in administrative law and points to a number of aspects of the field that would benefit from the wider use of comparative methods across the world.


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