Legal Framework for Industrial Hubs

2020 ◽  
pp. 966-984
Author(s):  
Won Kidane ◽  
Belachew M. Fikre
Keyword(s):  
Economic Policy ◽  
Best Practices ◽  
Parallel Systems ◽  
Legal Framework ◽  
Legal Systems ◽  
General Applicability ◽  
Origin And Evolution ◽  
Wide Range ◽  
The Law ◽  
Legal Frameworks

Industrial hubs, as instruments of economic policy, are unapologetic creations of the law. They take different forms but are essentially realized through a regime of waivers and exceptions to the rules of general applicability. The legal framework, quintessentially domestic in nature, is an embodiment of the Latin maxim lex specialis derogat legi generali. The lex specialis is ipso facto a function of each domestic system. Any exposition of the institutional and legal framework of industrial hubs is thus necessarily an appraisal of a series of parallel systems of law in varied jurisdictions representing a wide range of legal systems. The fundamental commonalities of the features of this regime of waivers and exceptions do, however, permit a systematic and unified appraisal. This chapter identifies the conceptual origin and evolution of the institutional and legal frameworks of industrial hubs, evaluates their function in a comparative context, and assesses the extent of harmonization across jurisdictions and the possible emergence of some useful transnational best practices.

The Legal Framework for Data and Consumer Protection in Europe

2009 ◽  
pp. 326-346
Author(s):  
Charles O’Mahony
Keyword(s):  
Economic Growth ◽  
European Union ◽  
Consumer Protection ◽  
Data Protection ◽  
Legal Framework ◽  
The European Union ◽  
Legal Structures ◽  
The Creation ◽  
The Law ◽  
Legal Frameworks

This chapter will discuss the legal framework for consumer and data protection in Europe. Central to this discussion will be the law of the European Union (EU) on data and consumer protection.3 Recent years have seen the creation of legal frameworks in Europe which seek to secure the protection of consumers while simultaneously facilitating economic growth in the European Union. This chapter will outline the main sources of law which protect consumers and their privacy. This chapter will outline the important provisions in these sources of law and critically analyse them. The chapter will also point up the gaps and deficiencies in the consumer and data protection legal structures.

Algorithmic Decision-making and the Law

2020 ◽  
Vol 12 (1) ◽  
pp. 114-131
Author(s):  
Dirk Brand
Keyword(s):  
Decision Making ◽  
Policy Development ◽  
Industrial Revolution ◽  
Legal Framework ◽  
Public Law ◽  
Ethical Framework ◽  
Fourth Industrial Revolution ◽  
Technological Developments ◽  
The Law ◽  
Legal Frameworks

The Fourth Industrial Revolution is reshaping the world we know dramatically and is characterised by a close interaction between the biological, digital and physical spheres.  Digital technologies are impacting all facets of our lives and create a series of new opportunities but also various challenges.  The Fourth Industrial Revolution does not follow a linear development trajectory, but due to the diverse nature and rapid pace of technological developments, could rather be compared to a series of networks with multiple connecting points.  This has caused the development of the law which deals with these concerns to generally be slow and unable to match the pace and scope of technological developments. In the context of public law there are many questions and challenges relating to individual rights, for example the right to privacy, and the role and responsibilities of government relating to policy development and regulation dealing with the Fourth Industrial Revolution.  The concept of a Rechtsstaat could arguably provide an appropriate legal framework for shaping the ethical framework, normative standards and a value-based governance model for the Fourth Industrial Revolution, including for algorithmic decision-making. The public law concept of accountability should be contextualised in order to apply it to algorithmic decision-making.  In the data-driven economy of the 21st century the pace and scope of technological developments that impact humanity requires the development of appropriate legal frameworks to reflect and accommodate the needs of society, in particular relating to the recognition of fundamental human rights.  It is concluded that  a broad set of ethical and legal principles, which can guide the development of international and national legal frameworks to regulate algorithmic decision-making, is needed.

Conclusion

2021 ◽  
pp. 208-210
Author(s):  
Lorenzo Gasbarri
Keyword(s):  
International Law ◽  
International Organizations ◽  
Legal Framework ◽  
International Organization ◽  
Legal Systems ◽  
Member States ◽  
Legal Nature ◽  
International Responsibility ◽  
The Law

This chapter summarizes the main findings of the book. The concept of an international organization is defined by looking at the nature of the legal systems they develop. The notion of ‘dual legal nature’ describes how organizations create particular legal systems that derive from international law. This peculiar condition affects the law they produce, which is international and internal at the same time. The effects of the dual legal nature are discussed by analysing international responsibility, the law of treaties, and the validity of organizations’ acts. This conceptualization allows the development of a common legal framework applicable to all international organizations, despite their differences in terms of powers, membership, size, and other descriptive features. In particular, the most valuable consequence of this conceptualization is to rebut a frequent argumentative motif, under which organizations are either perceived as vehicles for member states’ interests or as autonomous entities.

scholarly journals Enforcement of Arbitral Awards in Nigeria and the Jigsaw of Limitation Period: The Need for Compliance with Global Best Practices

2021 ◽  
Vol 15 (1) ◽  
pp. 107-138
Author(s):  
David Tarh-Akong Eyongndi
Keyword(s):  
United Kingdom ◽  
Best Practices ◽  
Justice System ◽  
Legal Framework ◽  
International Arbitration ◽  
Foreign Judgment ◽  
The Law

In Nigeria, the limitation period begins to run from the date the dispute leading to the arbitration arose instead of when the award was rendered. While highlighting the rationale and effect of limitation period to the jurisdiction of court, I argue that the period set out in the Arbitration and Conciliation Act (ACA) for enforcement of arbitral awards fails to countenance the inherent delays in Nigeria’s justice system which can be exploited to render the enforcement of an award nugatory. The operationalisation of limitation period unless amended, can be a dissuading factor for choosing Nigeria as a seat of international arbitration which rubs her of the attendant benefits. It is further argued that, anyone, wishing to enforce an award in Nigeria, must ingeniously act timeously to avoid untoward outcome due to the repressive limitation period. This article identifies registration of award pursuant to Foreign Judgment (Reciprocal Enforcement) Act as a leeway to enforce foreign arbitral awards. It compares the practice in Nigeria with jurisdictions like India, Canada, United Kingdom and Ethiopia and draw lessons for Nigeria. It makes a case for amendment of the existing legal framework to bring the law on limitation of time in tandem with global best practices.

22 Marine Living Resources

2015 ◽  
Author(s):  
Matz-Lück Nele ◽  
Fuchs Johannes
Keyword(s):  
Marine Mammals ◽  
Legal Framework ◽  
Fish Stocks ◽  
Legal Rules ◽  
Potential Development ◽  
The Law ◽  
Contemporary Management ◽  
Legal Frameworks ◽  
Management And Conservation

This chapter discusses the international legal framework of contemporary management and conservation of marine living resources (MLR), its shortcomings, challenges, and possible future progress. It defines the concept of MLR, explains its relevance, and then discusses the applicable general principles to their management. It analyzes the legal frameworks of the 1982 UN Convention on the Law on the Sea (LOSC) and the 1995 Fish Stocks Agreement (FSA). It then considers specific challenges such as the regulation of fishing methods, compliance and enforcement of legal rules, and the management of marine mammals. It discusses two emerging approaches to MLR conservation and concludes with remarks on potential development for sustainably managing MLR.

The Concept of an International Organization in International Law

2021 ◽  
Author(s):  
Lorenzo Gasbarri
Keyword(s):  
International Law ◽  
International Organizations ◽  
Legal Framework ◽  
International Organization ◽  
Legal Systems ◽  
Legal Concept ◽  
Legal Nature ◽  
International Responsibility ◽  
The Law ◽  
Comprehensive Study

Despite their exponential growth in number and activities, international law lacks a comprehensive legal concept of an international organization. The book tackles this topic from the perspective of the legal nature of the legal systems developed by international organizations. It is the first comprehensive study of the different concepts under which international organizations’ legal systems are commonly understood: functionalism, constitutionalism, exceptionalism, informalism. It has a threefold purpose: to trace the historical origins of the different concepts of an international organization, to describe four families under which these different notions are subsumed, and to propose a theory which defines international organizations as ‘dual entities’. The concept of an international organization is defined looking at the nature of the legal systems they develop. The notion of ‘dual legal nature’ describes how organizations create particular legal systems that derive from international law. This peculiar condition affects the law they produce, which is international and internal at the same time. This conceptualization allows the development of a common legal framework applicable to all international organizations, despite their differences in terms of powers, membership, size, and other descriptive features. In particular, the most valuable consequence of this conceptualization is to rebut a frequent argumentative motif, under which organizations are either perceived as vehicles for member states’ interests or as autonomous entities. The effects of the dual legal nature are discussed, analysing international responsibility, the law of treaties, and the validity of organizations’ acts.

scholarly journals Laws of some countries in the world on international cooperation in criminal procedures and the lesson for Vietnam

2018 ◽  
Vol 34 (2) ◽  
Author(s):  
Ly Nguyễn Thị
Keyword(s):  
International Cooperation ◽  
Criminal Procedure ◽  
Legal Framework ◽  
International Integration ◽  
Legal Provisions ◽  
The World ◽  
International Activities ◽  
The Law ◽  
Legal Frameworks

International cooperation in criminal procedure is an indispensable trend in the period of globalization and international integration. This formed a system of global, regional and national laws regulating international activities in the criminal field. Each country or region has different legal frameworks for international cooperation in criminal procedure and its effectiveness is not the same. Thus, this paper focuses on analyzing the legal provisions of some countries, thereby drawing lessons for Vietnam on the improvement of the law, establishing a legal framework for criminal international cooperation to improve the effectiveness of international cooperation in the CPR.

scholarly journals Criminological aspects of animal abuse

2019 ◽  
Vol 27 (1) ◽  
pp. 84-99
Author(s):  
Ines Vrečko
Keyword(s):  
Defense Mechanisms ◽  
Social Institutions ◽  
Legal Framework ◽  
Public Perceptions ◽  
Animal Cruelty ◽  
Animal Abuse ◽  
Contributing Factors ◽  
Wide Range ◽  
Pain And Suffering ◽  
Legal Frameworks

Taking into consideration the complexity of animal cruelty, problems with its varying definitions which depend on legal frameworks, social norms, cultural and public perceptions and many possible approaches to the issue of animal cruelty, this paper will focus only on active cruelty (acts of commission), i.e. the intention to harm an animal and cause pain and suffering. It will study the phenomenon as a multi-indicator for violence. Regardless of whether animal abuse is treated as a criminal offence or a misdemeanor or if it is absent from the legal framework altogether, it represents a complex phenomenon present in both children and adults. This abuse affects families and a wide range of social institutions, not only harming animals but also indicating various inter-personal types of violence and individual behavioral disorders. This paper explores intersectional and interdisciplinary research on animal abuse, its connection to subsequent adult or concurrent domestic violence and child abuse, contributing factors such as defense mechanisms and the roles of empathy and remorse. Understanding animal cruelty as a part of human violence and as a sign of serious concern for the welfare of both animals and humans is a first step towards building sustainable social policies.

Settlers or Movers? The Temporality of Past Migrations, Political Inaction and its Consequences, 1945–1985

2018 ◽  
Author(s):  
Jozefien De Bock
Keyword(s):  
Temporary Workers ◽  
Guest Workers ◽  
Temporary Migration ◽  
Wide Range ◽  
Settler Societies ◽  
Future Policy ◽  
Set Up ◽  
Legal Frameworks ◽  
Temporary Migrants ◽  
Multicultural Policies

Historically, those societies that have the longest tradition in multicultural policies are settler societies. The question of how to deal with temporary migrants has only recently aroused their interest. In Europe, temporary migration programmes have a much longer history. In the period after WWII, a wide range of legal frameworks were set up to import temporary workers, who came to be known as guest workers. In the end, many of these ‘guests’ settled in Europe permanently. Their presence lay at the basis of European multicultural policies. However, when these policies were drafted, the former mobility of guest workers had been forgotten. This chapter will focus on this mobility of initially temporary workers, comparing the period of economic growth 1945-1974 with the years after the 1974 economic crisis. Further, it will look at the kind of policies that were developed towards guest workers in the era before multiculturalism. This way, it shows how their consideration as temporary residents had far-reaching consequences for the immigrants, their descendants and the receiving societies involved. The chapter will finish by suggesting a number of lessons from the past. If the mobility-gap between guest workers and present-day migrants is not as big as generally assumed, then the consequences of previous neglect should serve as a warning for future policy making.

A Comparative Overview of the Fair Wear and Tear Exception: the Duty of Holders of Temporary Interests to Preserve Property

2002 ◽  
Vol 6 (1) ◽  
pp. 85-100
Author(s):  
Raffaele Caterina
Keyword(s):  
Common Core ◽  
Complete Solution ◽  
Roman Law ◽  
Private Ownership ◽  
Legal Systems ◽  
Personal Rights ◽  
Wear And Tear ◽  
Long Life ◽  
The Law ◽  
The Relationship

“A system of private ownership must provide for something more sophisticated than absolute ownership of the property by one person. A property owner needs to be able to do more than own it during his lifetime and pass it on to someone else on his death.”1 Those who own things with a long life quite naturally feel the urge to deal in segments of time. Most of the owner's ambitions in respect of time can be met by the law of contract. But contract does not offer a complete solution, since contracts create only personal rights. Certain of the owner's legitimate wishes can be achieved only if the law allows them to be given effect in rem—that is, as proprietary rights. Legal systems have responded differently to the need for proprietary rights limited in time. Roman law created usufruct and other iura in re aliena; English law created different legal estates. Every system has faced similar problems. One issue has been the extent to which the holder of a limited interest should be restricted in his or her use and enjoyment in order to protect the holders of other interests in the same thing. A common core of principles regulates the relationship between those who hold temporary interests and the reversioners. For instance, every system forbids holder of the possessory interest to damage the thing arbitrarily. But other rules are more controversial. This study focuses upon the rules which do not forbid, but compel, certain courses of action.

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