scholarly journals Regulation of Ordinary Partnership under Ethiopian Law: A Comparative Analysis of Selected Legal Issues with the French Civil Partnership and the Thai Ordinary Partnership Regimes

2021 ◽  
Vol 27 ◽  
pp. 219-233
Author(s):  
Israel Woldekidan Haileyesus
Keyword(s):  
Comparative Analysis ◽  
Legal Framework ◽  
Vital Role ◽  
Civil Code ◽  
Legal Issues ◽  
Alternative Form ◽  
Civil Partnership ◽  
Doing Business ◽  
Legal Regimes

Civil/ordinary partnerships as non-commercial entities play a vital role as an alternative form of doing business in various jurisdictions. Though the issue of where they should be regulated is becoming nonsensical in recent times, it is wise to have a well-structured legal framework which regulates these entities. This article aims to conduct a comparative analysis of the regulation of Ethiopia’s ordinary partnership with the French civil code partnership and the Thai ordinary partnership only on issues of formation, transfer of share, management, liability of partners, dissolution of partnership, distribution of profit and loss, and expulsion of a  partner. The comparative analysis shows that in many areas of regulation, the Ethiopian law has more commonalities with that of Thai ordinary partnership and French civil code partnership legal regimes. This article also finds that the Ethiopian law of ordinary partnership ought to be improved as regards the issues of the transfer of shares related to ascendants and descendants, on the distribution of profits and losses, on the role of partners in a dissolution of the partnership, and on the expulsion of a partner.

scholarly journals Tone From the Top: The Role of the General Counsel in the Prevention of International Sports

2021 ◽  
Vol 3 ◽  
Author(s):  
Andrea Carska-Sheppard ◽  
Sarah Ammons
Keyword(s):  
Public Policy ◽  
Human Rights ◽  
Executive Leadership ◽  
Vital Role ◽  
Legal Issues ◽  
General Counsel ◽  
Essential Factor ◽  
Policies And Procedures ◽  
Legal Risks

To prevent harassment and abuse in sports, the consensus is that an essential factor is “tone from the top” of the organization. It is key as a catalyst and sustainer of change, whether in the corporate or sports world. An organization's general counsel is one of the go-to top advisors for executive leadership regarding laws and regulations. Additionally, they serve as advisors for issues in other areas, such as public policy, ethical and legal risks, and human rights. With their leadership, general counsels can play a vital role in the prevention of harassment and abuse in an organization. The guidance and leadership of the general counsel should facilitate reviewing and strengthening of the organization's policies and procedures and other strategies helping to prevent and address issues of harassment and abuse. Legal issues become more complex the more global the organization, so more complex strategies are needed to tackle these issues successfully.

scholarly journals Harmonisasi Perlindungan Harta Kekayaan Anak dalam Perwalian melalui Penguatan Peran Wali Pengawas

2019 ◽  
Vol 1 (1) ◽  
pp. 61
Author(s):  
Yulita Dwi Pratiwi
Keyword(s):  
Human Rights ◽  
Civil Code ◽  
The State ◽  
Legal Issues ◽  
Legal Research ◽  
Supervision Process ◽  
The Guardian

Guardianship is the supervision of children who are no longer under the authority of their parents, and the management of objects or property of the children carried out by the guardian. In carrying out their duties, the guardian is supervised by the guardian supervisor, which based on Article 366 Indonesian Civil Code, the authority is given to the Weskamer. This office is one of the technical implementation units under the Ministry of Law and Human Rights. However, the supervision process can hardly be carried out by the Weskamer, that relates to its role that requires synergy with the role of other institutions. It shows that there is disharmony in the implementation of protection of children's assets in guardianship, which eliminates the element of supervision by the state through the Weskamer. Therefore, an idea is needed in harmonizing the protection of children's assets in guardianship through strengthening the role of guardian. This research uses normative method which is a part of legal research. Normative legal research aims to find solutions to juridical problems that arise from legal issues and provide prescriptions on these legal issues. Based on the results of the study, systematic and concrete steps are needed to improve the rules by harmonizing laws as well as institutions regarding the protection of the assets of the children by strengthening the role of guardian supervisor.  

scholarly journals Dear reader,

2018 ◽  
Vol 27 ◽  
pp. 1-1
Author(s):  
Gaabriel Tavits
Keyword(s):  
Land Reform ◽  
Legal Regulation ◽  
Vital Role ◽  
Company Law ◽  
Legal Issues ◽  
Legal Analysis ◽  
Historical Experience ◽  
General Data Protection Regulation ◽  
Legal Concepts

It is not uncommon to encounter a situation in which one must admit that understandings of many legal situations are varied. On the one hand, everything might appear simple and clear; however, when one delves a bit further into the specifics of a particular legal regulation, the landscape may turn out to be much more complex, and perceptions change. Legal regulation leaves room for different understandings and interpretations. Although the legislator’s goal is to ensure legal regulation that is as precise as possible, there are always some gaps that need to be filled through either analogy or interpretation. Also, case law and the positions of legal professionals have an important role to play in the understanding of legal regulation and in application of the law. Alongside analysis of the bottlenecks found in the current law, historical experience should not be overlooked either. The dissection of a legal situation in the past, one long forgotten, may offer us an unexpected and necessary solution for applicable legislation. Accordingly, studying and analysing historical experiences is necessary and justified in every way. This issue offers broad-based analysis of various modern legal problems and their solutions, from a wealth of perspectives. It should be noted here that non-lawyers too can be of great help in interpreting legal issues. One good example can be seen in the article ‘Interpretation of Undefined Legal Concepts and Fulfilling of Legal Gaps, in Jüri Lotman’s Semiotic Framework’, on the potential impact of this globally esteemed semiotics luminary’s legacy with regard to legal interpretation. Legal issues are present in all facets of life. Generalised approaches to various legal issues are addressed in the following papers, among others: ‘(Just) Give Me a Reason’, ‘The General Data Protection Regulation and its Violation of EU Treaties’, and ‘Current Challenges of the Labour Law of Ukraine: On the Way to European Integration’. The journal’s content is enriched further with approaches to specific legal issues that are relevant for understanding various legal fields and when one is generalising. Some pieces that make this contribution are ‘Shareholders’ Draft Resolutions in Estonian Company Law: An Example of Unreasonable Transposition of the Shareholder Rights Directive’, ‘Which Adverse Environmental Impacts of an Economic Activity Are Legally Acceptable and on What Conditions’, and ‘Digital Inheritance: Heirs’ Right to Claim Access to Online Accounts under Estonian Law’. These analyses demonstrate the role of lawyers in explaining and interpreting various legislative gaps for the purpose of establishing legal clarity. We have commented on the vital role of historical experience in legal analysis. In this regard, the following articles offer further insight: ‘Limitation of Freedom of Speech and of the Press by Penal Law in the Final Decades of the Russian Empire’ and ‘Land Reform and the Principle of Legal Certainty: The Practice of the Supreme Court of Estonia in 1918–1933’. In addition to the works highlighted above, the reader will find several other topical, intriguing, and discussion-sparking articles. For example, one addresses a topic that is rarely discussed – dignity at the end of life and analysis of the related ethical, legal, and social arguments. All this only goes to show the diversity of opinions in the legal world. We wish you pleasant reading and thinking along! 

scholarly journals Interaction between Law and Morality: The Philosophical Construct

2021 ◽  
Vol 2 (2) ◽  
pp. 311-321
Author(s):  
Muhammad Mumtaz Ali Khan ◽  
Muhammad Danyal Khan ◽  
Imran Alam
Keyword(s):  
Comparative Analysis ◽  
Legal Framework ◽  
Legal Positivism ◽  
Modern State ◽  
Nation State ◽  
Law And Morality ◽  
Law And Legislation ◽  
Religious Morality ◽  
Modern Nation State

This paper discusses the jurisprudential analysis of law and legislation in a modern state. The main objective of this analysis is to ascertain the role and status of morality in the modern constitutional setup. Various views of legal positivism will be probed in light of the role of morality in codification. The study will comprise upon doctrinal analysis of various positivist writers of the 20th century. Contemporary elements of law in the modern nation-state system are more pro-positivist in approach rather than moral. In the light of these elements, the reader will understand the scope of morality especially religious morality in the contemporary legal framework. A comparative analysis will explain the standards of both theories of legal positivism and naturalist interpretation of laws.

scholarly journals Production and Foreign Trade of Mineral Products in Latvia and Belarus

2015 ◽  
Vol 1 ◽  
pp. 240
Author(s):  
Ilze Sproge ◽  
Irina Curkina ◽  
Sandra Jekabsone ◽  
Valentina Tsilibina ◽  
Julia Rumyantseva ◽  
...  
Keyword(s):  
Comparative Analysis ◽  
Statistical Analysis ◽  
Foreign Trade ◽  
Mineral Resources ◽  
Legal Framework ◽  
Small Countries ◽  
Analysis And Synthesis ◽  
The Republic ◽  
Limited Scope

Latvia and Belarus are small countries with limited scope of natural resources. However, the available mineral resources play important role in production of mineral products for domestic and foreign consumption. Main goal of the paper is to characterize the role of extraction industry in national economy and mineral products trade in two neighboring countries - Latvia and Belarus. To achieve the goal, the role of mining and quarrying industry in Latvia and Belarus was identified; trade of mineral resources in Latvia was analyzed. The main trends in the development of its own mineral resources of the Republic of Belarus were identified, the role of mineral resources in the commodity structure of foreign trade of the Republic of Belarus was shown, ways to increase the level of security of the country's own organic and mineral resources were determined, including the improvement of the legal framework. The research was performed in 2012; the following methods were used in the paper: comparative analysis and synthesis, statistical analysis and monographic methods.

scholarly journals The Effectiveness of Maldives’ Financial Intelligence Unit in Combating Money Laundering

2021 ◽  
Vol 16 (3) ◽  
pp. 409-435
Author(s):  
Ahmed Jaleel ◽  
◽  
Sharifah Nazatul Faiza Syed Mustapha Nazri ◽  
Salwa Zolkaflil ◽  
Normah Omar ◽  
...  
Keyword(s):  
Law Enforcement ◽  
Money Laundering ◽  
Legal Framework ◽  
Vital Role ◽  
Future Research ◽  
Law Enforcement Agencies ◽  
The Government ◽  
Reporting Mechanism ◽  
Financial Intelligence

Money laundering has become a vast global concern, and the rates are growing. Hence, there is a need for a good preventive and monitoring mechanism that monitors suspicious transactions at the source. In Maldives, a Financial Intelligence Unit (FIU) was introduced to gather, analyse, and provide financial intelligence report to law enforcement agencies to proceed with an investigation. The FIU plays a vital role in the Anti-Money Laundering (AML) Regime in successfully combat money laundering activities. Since the AML Regime in Maldives was established in 2014, there is a need to conduct a study to investigate the effectiveness of the FIU in combating money laundering in the Maldives. Based on questionnaires collected from 122 enforcement officers, findings show that reporting mechanisms significantly influence the effectiveness of the FIU. The legal framework and the role of the officer did not significantly influence the effectiveness of FIU. It shows that the competency of LEAs in combating money laundering in the Maldives is still low. Therefore, the government needs to enhance the awareness and competencies of enforcement officers in combating money laundering. Future research may conduct a comparative study to understand further the best reporting mechanism that can help enhance the effectiveness of law enforcement agencies. Keywords: financial intelligence unit, money laundering, reporting mechanism

scholarly journals Litigating Climate Change – Of Politics and Political Questions: A Comparative Analysis of Justiciability of Climate Change in the United States and Canada

2018 ◽  
Vol 49 (3) ◽  
pp. 315
Author(s):  
Inura Fernando
Keyword(s):  
Climate Change ◽  
United States ◽  
Comparative Analysis ◽  
Legal Reasoning ◽  
The United States ◽  
Legal Issues ◽  
The Political ◽  
Policy Issues ◽  
Policy Context

This article seeks to highlight the differences in the jurisprudence on the justiciability of climate change in Canada and the United States. Underpinning this article are questions about the appropriate role of the judiciary in addressing polycentric policy issues. This article will first outline the policy context in which legal issues of climate change are framed. Second, this article will explore the general doctrines of justiciability in Canada and the United States, and how these interrelate with specific doctrines on the justiciability of climate change. The author argues that, with respect to the justiciability of climate change, the approach of the courts in the United States is more principled than that of the Canadian courts, the Canadian approach being more broadly framed. This is because the United States approach encompasses the classic strand of the political questions doctrine. Conversely, though the courts in Canada deny the existence of an American-style political questions doctrine, they unwittingly follow its prudential strand. This has negative implications for legal reasoning. This means that despite contrary appearances from the United States executive, the courts in the United States provide a stronger framework for the protection of the climate. 

scholarly journals Law compliance and enforcement in doing business to follow the rule of law in the market economy of Viet Nam

2020 ◽  
Vol 3 (4) ◽  
pp. 478-487
Author(s):  
Vien The Giang
Keyword(s):  
Market Economy ◽  
Rule Of Law ◽  
Legal Framework ◽  
The Rule Of Law ◽  
Doing Business ◽  
The Law ◽  
The Government ◽  
Role Of The Government ◽  
And Control

Based on the theory of agency problem and the relation between the government and market, this paper analyzes and evaluates the practice of law compliance and enforcement in doing business of enterprises. It is necessary to strengthen the law compliance and enforcement to enterprises, thereby ensuring the rule of law in business organization and operations. The results show that the regime of legal representative significantly affects the law compliance and enforcement of enterprises. In addition, the role of the government in enacting, modifying, and enforcing law of investment or doing business can negatively affect the the law compliance and enforcement of enterprises. Therefore, it is of importance to design a legal framework to monitor the behavior of legal representatives of enterprises and control the unreasonable intervention of the government in relationships in a market economy.

scholarly journals Revisiting the Importance of Cultural Approaches and Values in the International Affairs

2020 ◽  
Vol 4 (2) ◽  
pp. 179-190
Author(s):  
Muhammad Musa Khan ◽  
Riaz Ahmad ◽  
Tahir Mahmood Azad ◽  
Moldalieva Nargiza
Keyword(s):  
International Relations ◽  
Policy Making ◽  
Vital Role ◽  
International Affairs ◽  
Current Time ◽  
Secondary Sources ◽  
Doing Business ◽  
Peace And Conflict ◽  
Different Cultures

It is claimed that international relations are based on intercultural ties between nations of the states. Culture and international relations are becoming increasingly interdependent of each other. As international relations are the links between the nations, and the nations are bound by different cultures. This paper discusses the importance of culture in international affairs. It evaluates the previous literature and other secondary sources to analyse the prominent role of culture and cultural diplomacy in foreign policy and international affairs. It sheds light on the history that how culture influences other nations and how it is used in the current time. The paper further discusses that culture plays a vital role in resolution of conflicts and harvest peace and cooperation among nations at times of peace and conflict. This also stresses that global actors (leaders and institutions) should value the elements of local cultures in policy-making, even organizations doing business on foreign lands. Such considerations are essential not only in policy making but also in doing businesses.

Asiana Airlines Flight 214

2014 ◽  
Vol 4 (2) ◽  
pp. 113-121 ◽  
Author(s):  
Stephanie Chow ◽  
Stephen Yortsos ◽  
Najmedin Meshkati
Keyword(s):  
Human Factors ◽  
Aviation Safety ◽  
Cultural Factors ◽  
Vital Role ◽  
Cultural Issues ◽  
Flight Crew ◽  
Pilot Performance ◽  
Engineering Designs ◽  
Flight Deck

This article focuses on a major human factors–related issue that includes the undeniable role of cultural factors and cockpit automation and their serious impact on flight crew performance, communication, and aviation safety. The report concentrates on the flight crew performance of the Boeing 777–Asiana Airlines Flight 214 accident, by exploring issues concerning mode confusion and autothrottle systems. It also further reviews the vital role of cultural factors in aviation safety and provides a brief overview of past, related accidents. Automation progressions have been created in an attempt to design an error-free flight deck. However, to do that, the pilot must still thoroughly understand every component of the flight deck – most importantly, the automation. Otherwise, if pilots are not completely competent in terms of their automation, the slightest errors can lead to fatal accidents. As seen in the case of Asiana Flight 214, even though engineering designs and pilot training have greatly evolved over the years, there are many cultural, design, and communication factors that affect pilot performance. It is concluded that aviation systems designers, in cooperation with pilots and regulatory bodies, should lead the strategic effort of systematically addressing the serious issues of cockpit automation, human factors, and cultural issues, including their interactions, which will certainly lead to better solutions for safer flights.

Sign in / Sign up

Export Citation Format

Share Document