The role of legal expertise in interpretation of legal requirements and definitions

2014 ◽  
Author(s):  
David G. Gordon ◽  
Travis D. Breaux
Keyword(s):  
Legal Requirements ◽  
Legal Expertise

Arbitrator acceptability in international commercial arbitration

2016 ◽  
Vol 27 (3) ◽  
pp. 379-397 ◽  
Author(s):  
Yongkyun Chung ◽  
Hong-Youl Ha
Keyword(s):  
Reliability And Validity ◽  
Commercial Arbitration ◽  
Content Type ◽  
International Commercial Arbitration ◽  
Analytic Process ◽  
Selection Research ◽  
The Relationship ◽  
Legal Expertise ◽  
Perceived Costs

Purpose The purpose of this paper is to identify the determinants of arbitrator acceptability and investigate whether the perceived costs of arbitration moderate the relationship between arbitrator acceptability and arbitrator characteristics in international commercial arbitration. Design/methodology/approach A two-stage analytic process is used to test the dimensionality, reliability and validity of each construct and then the proposed hypotheses. Findings The findings show that the five constructs of arbitrator characteristics – reputation, practical expertise, legal expertise, experience and procedural justice – statistically significantly explain arbitrator acceptability. Moreover, perceived cost of arbitration moderates the relationship between arbitrator acceptability and arbitrator characteristics. However, the moderating effect of perceived costs of arbitration is not equal across characteristics. Research limitations/implications Knowledge regarding potential moderators of the strength of the indicators of arbitrator acceptability will be useful to future researchers in determining which variables to study in arbitrator selection research. Practical implications Useful guidelines in the selection of an international arbitrator are proposed. Originality/value This study contributes to arbitrator acceptability literature through the suggestion of a hypothesized model of arbitrator acceptability with auxiliary hypothesis of reputation in international contexts. In addition, this study investigates the moderating role of perceived cost of arbitration on the relationship between arbitrator acceptability and arbitrator characteristics.

Agents of Change or Unchanging Agents? The Role of Lawyers within Russian Industrial Enterprises

2001 ◽  
Vol 26 (03) ◽  
pp. 685-715 ◽  
Author(s):  
Kathryn Hendley ◽  
Peter Murrell ◽  
Randi Ryterman
Keyword(s):  
Professional Identity ◽  
Labor Relations ◽  
Short Supply ◽  
Securities Law ◽  
Industrial Enterprises ◽  
Agents Of Change ◽  
Routine Tasks ◽  
Market Capitalism ◽  
Legal Expertise

The transition from state socialism toward market capitalism has led to an almost endless supply of new laws and legal institutions. Industrial enterprises need to adapt to this new institutional regime. In-house lawyers are well placed to be agents of change in facilitating this adjustment. Using survey data from 328 Russian enterprises, the article examines the role of company lawyers, asking whether they have fulfilled this potential. Legal expertise is not in short supply, but lawyers are marginalized within the enterprise. They focus on established, routine tasks, such as handling labor relations or drafting form contracts, rather than on shaping enterprise strategies in the newer areas created by the transition, such as corporate governance or securities law. The failure of in-house lawyers to emerge as agents of change in Russia reflects a continuation of their low status during the Soviet era and the lack of professional identity among these company lawyers.

The Chinese Legal System: Continuing Commitment to the Primacy of State Power

1999 ◽  
Vol 159 ◽  
pp. 673-683 ◽  
Author(s):  
Pitman B. Potter
Keyword(s):  
Rule Of Law ◽  
Legal System ◽  
50Th Anniversary ◽  
State Power ◽  
Legal Requirements ◽  
The Rule Of Law ◽  
Legal Norms ◽  
Policy Goals ◽  
Political Relationships

On the 50th anniversary of the founding of the PRC, the legal system plays an increasingly significant role in social, economic and even political relationships. Legal norms drawn largely from foreign experiences have been selected and applied through a plethora of newly established institutions. The role of law as a basis for government authority has become a legitimate and significant issue in the broader political discourse. Despite these achievements, law in China remains dependent on the regime's policy goals. Particularly where political prerogatives are at stake, legal requirements appear to pose little restraint on state power. In this sense, the ten years that have passed since Tiananmen appear to have had little impact on the willingness of the party-state to dispense with legal requirements in pursuit of political expediency. If we are to rely upon Dicey's dictum on the rule of law being in effect when the state becomes just another actor, the rule of law in China still seems a distant prospect indeed.

scholarly journals The Role of International Law as a Specific Legal System in Overcoming the Issues of Inter-Cultural Collaboration and Social Integration Related to Migration Processes in the Modern World

Migration law ◽  
2020 ◽  
Vol 4 ◽  
pp. 6-10
Author(s):  
Aleksey I. Klimenko ◽  
Keyword(s):  
Social Integration ◽  
International Law ◽  
Legal Consciousness ◽  
Modern World ◽  
International Level ◽  
Legal Requirements ◽  
Intercultural Interaction ◽  
Functional Potential ◽  
The World

The article is devoted to the functional potential of international law as an ideological form of law in overcoming the problems associated with migration processes. Currently, migration is an unavoidable objective (and generally positive) phenomenon. However, it gives rise to a number of problems, among which the main problem is the problem of intercultural interaction and the integration of migrants in the recipient society. This process is often a painful process for both the migrant and his new social environment. It is the problem of social integration that often gives rise to the problem of a conflict between the migrant’s legal consciousness and the external legal requirements of a politically organized society. Using the socio-axiological approach, the author considers the conventional mechanism for synthesizing legal values, which are understood as a kind of super cultural meta-values, and comes to the conclusion that many of them are being formed today at the supranational — international level. The author comes to the conclusion that it is in the space of international legal discourse in the framework of international law as a special ideological form of law that basic, minimal, and therefore universal legal values can be formed. These values, as international law develops as an ideological form of law and its influence on national and international integration legal systems grows, people around the world can rely on in developing strategies of behavior, regardless of their habitat. In this, the author sees the solution to a number of important problems related to intercultural interaction, which is caused by the activation of migration processes in the modern world.

scholarly journals COMMUNICATIVE ROLE OF A JUDGE: STRATEGIES AND TACTICS OF SPEECH BEHAVIOR IN JUDICIAL DISCOURSE

2020 ◽  
Vol 25 (2(22)) ◽  
pp. 7-15
Author(s):  
Aliona Bakhchyvanzhy
Keyword(s):  
Legal Discourse ◽  
Scientific Concepts ◽  
Short Term ◽  
Speech Genres ◽  
Judicial Discourse ◽  
Legal Expertise ◽  
Communicative Role ◽  
Behavior Characteristic

The article is devoted to the review of scientific concepts of judicial discourse as a kind of legal discourse, analyzes the main communicative roles of a judge in judicial discourse, clarifies the main strategies and tactics of speech behavior characteristic of the communicative role of a judge in judicial discourse. The concept of communicative role is thoroughly characterized by such a scientist as J. Sternin, who divides the communicative role into standard and initiative, and initiative, in turn, is also divided into two groups: short-term (short-term, situational) and long-term (long-term). The main views of modern linguists on the problem of defining judicial discourse are reviewed, in particular, the linguistic aspects of communication in court are thoroughlypresented. The degree of research of the problem in linguistics on studying the problems of legal discourse is analyzed, for example the works of such scientists as N. V. Artykutsa, S. V. Dordy, Yu. F. Pradid, O. L. Dotsenko, O. O. Kobzeva are presented.The focus is on the problem of legal terminology, various aspects of the language of legislation, linguistic issues of legal expertise and features of speech genres of legal discourse.

scholarly journals Role of Internal Halal Committee in Ensuring Business Sustainability: The Case of a Multinational Slaughter House

2020 ◽  
Vol 10 (Number 2) ◽  
pp. 57-65
Author(s):  
Anis Shuhaiza Md Salleh ◽  
Fariza Romli ◽  
Khuzaimah Mat Salleh ◽  
Adziah Adnan
Keyword(s):  
Market Demand ◽  
Legal Requirements ◽  
Business Sustainability ◽  
Study Approach ◽  
Slaughter House ◽  
The Law ◽  
The Government ◽  
Potential Customers

For an industry, business sustainability is a critical aspect to be addressed by the company to remain relevant in an ever competitive market demand. In doing so, one of the strategies that can be taken is through adhering to all laws and legal requirements, particularly on halal aspect. The establishment of the Internal Halal Committee (IHC) is part of the requirement stipulated by the Malaysia Guidelines on Halal Assurance System 2011 (HAS 2011) and Manual Procedure for Malaysia Halal Certification (Third Revision) 2014 (MPPHM 2014). These laws must be read together with standards, Fatwa decisions, and regulations which are enforced pertaining to Malaysia Halal Certification. The law requires the establishment of IHC together with the appointment of a halal executive, supervisor, and also checkers in order to ensure that products are in accordance with standards prescribed by the law and Shariah principles in Malaysia. By adopting a case study approach involving a multinational slaughter house, this article highlights the practice taken up by Jimat Jaya Sdn. Bhd. The study employed interviews and non-participatory observation for data collection. It was revealed that strict legal requirements imposed by the government on halal products and compliance by the company have helped the company to gain more confidence from its existing and potential customers in relation to their products, hence ensuring sustainability of the business in the market.

scholarly journals Networked Enforcement in the Common Fisheries Policy through Data Sharing: Is There Room Left for Traditional Accountability Paradigms?

2019 ◽  
Vol 10 (3) ◽  
pp. 522-537
Author(s):  
Federica CACCIATORE ◽  
Mariolina ELIANTONIO
Keyword(s):  
Data Sharing ◽  
Control Agency ◽  
Special Focus ◽  
Legal Requirements ◽  
Fisheries Policy ◽  
The Common ◽  
The Creation ◽  
Enforcement Mechanisms

The Common Fisheries Policy (CFP) is one of the ever-increasing policy areas that have witnessed the creation of forms of “networked enforcement”, meaning enforcement structures in which several national and EU authorities cooperate. Amongst those are a number of legal requirements and applications for sharing data on fisheries between national and European competent authorities. This form of networked enforcement casts some questions as regards the existence of corresponding accountability mechanisms, which serve to legitimate the enforcement activities in the CFP. The aim of this paper is to examine the networked enforcement mechanisms arising from the CFP, with a special focus on the data-sharing activities and the role of European Fisheries Control Agency as pivotal to the cooperation between national authorities, with a view to assessing the gaps of accountability arising from them, and analysing the possible alternative ways to provide the enforcement phase with legitimacy.

Concept And Purposes Of Conducting Scientific-Legal Expertise Of Draft Laws

2021 ◽  
Vol 03 (07) ◽  
pp. 19-26
Author(s):  
Toirkhon Abboskhonov Khasan Ugli ◽  
Keyword(s):  
The Republic ◽  
Legal Expertise

The article researches into the concept of scientific-legal expertise of draft laws, its goals and classification, as well as the role of expertise within the activity of the Chambers of the Oliy Majlis of the Republic of Uzbekistan. Also, there have been developed theoretical proposals aimed at revealing the essence and significance of scientific-legal expertise of draft laws, as well as its application in practice

Designing the model of factors affecting in the implementation of social and environmental accounting with the ISM approach

2020 ◽  
Vol 36 (3) ◽  
pp. 387-410
Author(s):  
Hossein Sayyadi Tooranloo ◽  
Mahdi Askari Shahamabad
Keyword(s):  
Organizational Factors ◽  
Environmental Accounting ◽  
Legal Requirements ◽  
Content Type ◽  
The Sustainable Development ◽  
Factors Affecting ◽  
Expert Opinions ◽  
Comprehensive Framework ◽  
Financial Issues

Purpose Solely focusing on economic development and financial issues have led to insufficient attention to society and the environment, which has increased the injustice in this area. Accounting can aid to compensate for this harm and improve environmental issues. That is why social and environmental accounting (SEA) is rapidly growing and evolving. However, it has not been fully implemented yet. May be one cause for this issue is the lack of identifying the factors that influence SEA implementation in all dimensions. The purpose of this paper seeks to identify these factors. Design/methodology/approach Based on the existing theoretical foundations and expert opinions, the factors influencing SEA implementation were divided into seven categories, namely, accounting requirements, environmental justice, environmental responsibility, legal requirements, organizational factors, pollution control and business issues. Interpretative structural modeling and MICMAC techniques were applied to examine the relationships between these categories and model design. Findings The results revealed that the legal requirement dimension is one of the effective factors and which has been identified as the cause. However, the rest of the dimensions are influenced by legal requirements. As a result, as the legal requirements are considered as the foundation of establishing the model, this factor must be seriously considered for the effective implementation of the SEA. Social implications As the environment is not a unique environment and it has given the pivotal role of the environment in the sustainable development of communities, this leads to an increased demand for improved environmental quality. As a result, public expectations of the accounting profession to increase SEA have increased. In this paper, using the opinions of 12 environmental accounting professionals, a model for Implementation of SEA was designed to avoid social and environmental costs and damages. Originality/value Considering that identified factors are of great importance in the implementation of SEA, it seems that using a comprehensive framework that includes all the factors, can have a great impact on how to improve and enhance SEA. This study is the first to provide comprehensive model for SEA implementation.

scholarly journals THE ROLE OF THE POLICE IN THE IMPLEMENTATION OF THE CONCEPT OF SUSTAINABLE DEVELOPMENT

MEST Journal ◽  
2022 ◽  
Vol 10 (1) ◽  
pp. 31-35
Author(s):  
Bartosz Murat
Keyword(s):  
Sustainable Development ◽  
Social Responsibility ◽  
National Security ◽  
Sustainable Development Goals ◽  
Legal Requirements ◽  
Internal Factors ◽  
Effective Implementation ◽  
The Social ◽  
Development Goals

Police is an organization whose activities significantly contribute to sustainable development goals implementation. The nature and subject of its activity are related to maintaining relations with the society with which it is in constant interaction. At the same time, an important issue, as in the case of other public organizations, is the social responsibility of the police. Its dimensions determine the creation of an atmosphere conducive to social participation next to the police in national security. In the effective implementation of a model of social responsibility of the police, it is necessary to emphasize the importance of internal factors (the police) and external factors (the police and its stakeholders) influencing the results of this process. For the police, being a responsible organization does not mean only fulfilling all formal and legal requirements. To be perceived as a trustworthy organization, it must think and act in terms of the future, see and consider various implications, take into account human dignity, observe fair rules of operation, respond quickly to the comments and suggestions of stakeholders.

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