scholarly journals PERPLEXING JURISDICTION RATIONE PERSONAE AND MATERIAE OF RWANDAN COMMERCIAL COURTS: TRADER AND COMMERCIAL ACTIVITY

Yuridika ◽  
2018 ◽  
Vol 33 (2) ◽  
pp. 243
Author(s):  
Joel Niyobuhungiro
Keyword(s):  
Economic Growth ◽  
Clear Definition ◽  
Commercial Activity ◽  
Commercial Development ◽  
Commercial Activities ◽  
Determining Factors ◽  
Specialized Courts ◽  
The Law ◽  
Definition Of ◽  
Commercial Courts

Modernization of judiciary has prompted the reform of courts system in many countries whereby a trend of creating specialized courts is no doubt contributing to the needed justice. The creation of commercial courts, as specialized courts, has been and still is at the root of commercial development that contributes to economic growth of the country.Like any court, for commercial court to adjudicate case, a number of elements determining the court competence must be examined by the court seized. Jurisdiction ratione materiae and jurisdiction personae, inter alia, are the determining factors of the competence of commercial courts.  However, it can be difficult, in some cases, to ascertain court competence in case the law establishing those courts has not clearly delineated for example matters over which courts shall have jurisdiction. In Rwanda, The Law n° 06/2012/OL of 14/09/2012 determining the organization, functioning and jurisdiction of commercial courts, which repealed the Law n° 59/2007 of 16/12/2007, neither does it define a commercial activity nor does it define a trader. This creates big perplexity in determining commercial courts competence insofar as jurisdiction ratione materiae and personae are concerned. Commercial activities are neither defined nor enumerated in Rwanda laws. Rwandan commercial courts judges have tried to unravel that perplexity and tried to solve this problem in their judgements. However, it will be submitted that challenges posed by lack of clear definition of trader and commercial activity or at least a list of   commercial activities, calls for a clear stand of the legislator as far as jurisdiction ratione materiae and personae of Rwandan commercial courts are concerned. 

scholarly journals "المقاصد الشرعية لمنتج رهن الذهب لأغراض التمويل الأصغر "دراسة تأصيلية تحليلية (Maqāsid Shari’ah in the Product of Rahn Gold for Micro Finance: Structural & Analytic Study)

2020 ◽  
Vol 17 (2) ◽  
pp. 108-142
Author(s):  
أحلام عبد الرحمن خيرالله ◽  
غالية بوهدة
Keyword(s):  
Economic Growth ◽  
Islamic Law ◽  
Analytic Study ◽  
The Poor ◽  
The Law ◽  
Definition Of

يعتبر مقصد حفظ المال من حيث أهميته مقصدا ضروريا خادما للمقاصد الضرورية الأخرى: الدين والنفس والعقل والنسل. ولقد شُرّعت كثير من الأحكام لحفظها من جانب الوجود بمقاصد خاصة لتنميتها؛ ومن جانب العدم لدفع ما يفسدها وبتوفير وسائل الأمان لها في استدامة نفعها في تدوير عجلة الاقتصاد. وتتناول هذه الدراسة منتج "الرهن" بالذهب كوسيلة في تنمية المال - وهو من صيغ التمويل الأصغر- وذلك بتقييمه في ضوء مقاصد أربعة خاصة بالمال، وهي: النماء، التداول، الشفافية والعدالة. تتم الدراسة من خلال عدّة مباحث؛ تتناول التعريف بالرهن وأحكامه. والتعريف بمقاصد الشريعة الإسلامية والمالية منها، والتعريف بالمنتج وآليته في التجربة الماليزية؛ مع تقييمه من خلال أصول مقاصد الشريعة في التمويل. تستند الدراسة إلى المنهج الاستقرائي في تتبع وجمع المادة العلمية والمنهج التحليلي في شرحها وتقييمها. ثم نختم بخاتمة تتضمن نتائج مهمة؛ أهمها الإفادة بتأصيل مقاصدي مناسب للمنتج وإظهار أهميته في توسيع التمويلات للشرائح الفقيرة من المجتمع والتي لاتتوفر فيها مؤهلات الاقتراض من المصارف. يوصي البحث بالاستفادة من هذا المنتج وتوسيع تجربته في بلدان أخرى تعرف كثيرا من التقاليد التي تكنز فيها ثروة كبيرة من الذهب. الكلمات المفتاحيّة: التمويل الأصغر، رهن الذهب، التجربة الماليزية، مقاصد الشريعة. Abstract The higher objectives of Shariah are defined as those underlying meanings and salient thresholds behind the rulings and wisdom of the law giver (Allah SWT), namely, the preservation of religion, soul, mind, progeny, and wealth. The higher objective of protection of wealth is the utilization through developmental investment, and to avoid any corruption against the wealth by providing safety and sustainability means of investment for successful economic growth. This study examines the product “Ar- rahnu gold” through the use of gold as a means of wealth development -as one of the microfinance tools- by evaluating it in light of the four the purposes of money, namely: development, trading, transparency and fairness. It also explains the definition of the purposes of Islamic law and objective protecting the wealth, the definition of the product and its mechanism based Malaysian experience; with an evaluation through the principles of the purposes of Shariah in financing. The researchers conclude most importantly the essential intent of establishing appropriate purposes for the product and to demonstrate the importance wealth expanding and redistribution for the poor segments of society that do not have the qualifications to borrow from banks. The research recommends exploring the advantages of this product and expanding its application in other countries that that commonly hold a huge wealth in form of gold. Keywords: Microfinance, Islamic pawn broking, Ar-rahnu, Malaysian experience, Maqāsid Shari’ah.

scholarly journals The Crimes of Trespassing the Marine Environment in the UAE Legislations

2018 ◽  
pp. 1-16
Author(s):  
Sulaiman Alsinani ◽  
◽  
Mohammad Amin AlKarisheh ◽  
Keyword(s):  
Natural Resources ◽  
Marine Environment ◽  
Legal Protection ◽  
Penal Code ◽  
Environment Pollution ◽  
Federal Law ◽  
Specialized Courts ◽  
The Law ◽  
Definition Of

Particular attention has been given to the marine environment in the UAE. Hence, the legislator has devoted Part II of the Federal Law No. 24 of 1999 which is concerned with the protection and development of the environment. The Law initially identified the scope and goals of the protection, mainly tackling protecting the nation’s coasts, beaches and ports from the dangers of all forms of pollution. In addition to protecting the marine environment and its natural resources through criminalizing any action harming them. The research aims to identify the role of enforced legal protection of the marine environment in the UAE legislations in terms of application, effectiveness and identifying implementation constraints. In order to achieve this, the research reviews the definition of marine environment pollution, identifies elements of marine environment pollution crime and its sanctions. Finally, the researchers aspire that the UAE legislator would add the crime of trespassing the marine environment to the principle of universality, stipulated by the article 21 of the penal code, and specialized courts and investigative bodies to speed the process of looking into marine environment crimes and apply proper sanctions

scholarly journals The Crimes of Trespassing the Marine Environment in the UAE Legislations

2017 ◽  
pp. 1-16
Author(s):  
Sulaiman Alsinani ◽  
◽  
Mohammad Amin AlKarisheh ◽  
Keyword(s):  
Natural Resources ◽  
Marine Environment ◽  
Legal Protection ◽  
Penal Code ◽  
Environment Pollution ◽  
Federal Law ◽  
Specialized Courts ◽  
The Law ◽  
Definition Of

Particular attention has been given to the marine environment in the UAE. Hence, the legislator has devoted Part II of the Federal Law No. 24 of 1999 which is concerned with the protection and development of the environment. The Law initially identified the scope and goals of the protection, mainly tackling protecting the nation’s coasts, beaches and ports from the dangers of all forms of pollution. In addition to protecting the marine environment and its natural resources through criminalizing any action harming them. The research aims to identify the role of enforced legal protection of the marine environment in the UAE legislations in terms of application, effectiveness and identifying implementation constraints. In order to achieve this, the research reviews the definition of marine environment pollution, identifies elements of marine environment pollution crime and its sanctions. Finally, the researchers aspire that the UAE legislator would add the crime of trespassing the marine environment to the principle of universality, stipulated by the article 21 of the penal code, and specialized courts and investigative bodies to speed the process of looking into marine environment crimes and apply proper sanctions

scholarly journals The Law Related to Consumer Protection in India: Issues and Redressal Mechanism

2018 ◽  
Vol 13 (2) ◽  
pp. 65
Author(s):  
Sony Kulshrestha
Keyword(s):  
Consumer Protection ◽  
Daily Basis ◽  
Poor Quality ◽  
Commercial Activities ◽  
Consumer Protection Act ◽  
The Law ◽  
Quality Of Products ◽  
Definition Of ◽  
The Right ◽  
The Given

<p>Who is a consumer, always creates a new debate? A person who avails/consumes the services in exchange of the consideration is a consumer according to the given definition of consumer under Consumer Protection Act, 1986. This definition never includes any commercial activities or any re-sale or without fee transaction. We on daily basis face various MRP related issues, poor quality of products, adulteration, no bill issues and many more. Some of us raise a voice against these unfair practices but number of us always keep silence and take everything so easy. The reason behind this may be nobody has time or knowledge, when and where to proceed. The right of consumer protection only needs the awareness; awareness about the provisions, process, forums and a fair counselling. Though government has initiated number of awareness schemes which includes the advertisements on television, newspapers and in magazines, skits, workshops and various poster making competitions, still the consumer exploitation continues. In this research paper by using an empirical and doctrinal technique of research the researcher wants to highlight the area where the law is lacking its enforcement to protect the interest of the consumer. The researcher also draws an attention about consumer rights, various grievance redressal agencies, who and how can file a complaint, the jurisdiction and the format of filing a complaint. </p>

The Quest of Economic Temperature

2018 ◽  
Vol 9 (11) ◽  
pp. 915-926
Author(s):  
Matthew Yen ◽  
◽  
Daming Zhang ◽  
Keyword(s):  
Vital Sign ◽  
Supply And Demand ◽  
Ideal Gas ◽  
Clear Definition ◽  
Severely Handicapped ◽  
Hyperbolic Form ◽  
Modern Economic ◽  
The Law ◽  
Working Media ◽  
Definition Of

Temperature is the vital sign of life. So is the “economic temperature” a vital sign of economy. The concept of economic temperature has been around in history since the time money used for trading. Nonetheless, economists and scholars struggled with the basic definition of economic temperature. Mathematic modeling and quantitative analysis are essential tools for modern economic analysis. Without clear definition of economic temperature, theoretical discussions are severely handicapped. Recent development of econophysics are appealing because of the well-established mathematic formulation, particularly, thermodynamics. However, the lack of clear definition of economic temperature greatly hindered econophysics discussions and application. The Law of Supply-and-Demand and the Law of Ideal-Gas have shared hyperbolic form. Money system and ideal gas are “working-media” or “agents” in economic system and mechanical system respectively. Therefore, the shared forms are not only mathematically intriguing but also bearing theoretical significances. A definition of “Economic Temperature” based on these two well-established laws opens the door for broad-spectrum economic applications.

scholarly journals FEATURES OF THE MANAGEMENT PROCESS AT THE ENTERPRISE

2021 ◽  
Author(s):  
Oksana Pozharova ◽  
Yuryj Pozharov ◽  
Olesia Kornilova
Keyword(s):  
Enterprise Management ◽  
General Nature ◽  
Management Process ◽  
Economic Activities ◽  
Commercial Activity ◽  
Commercial Activities ◽  
Use Of Time ◽  
Common Goals ◽  
Definition Of ◽  
Willingness To Use

The article discusses the process of management by result and management by situation. A characteristic is given with the establishment of common and distinctive features in their application. The analysis of the concepts of «management». The problems of management within the enterprise are identified and proposals are made for improving the main stages of the enterprise management process, namely: in the field of planning, in the implementation of the plan and in the field of control. In the field of planning, it is necessary: to reduce the rigidity of plans, to reduce the schematic of plans, to strengthen the concreteness, to approach the practice; considering several strategic options; forecasting various factors of the situation; increased focus on key goals; communicating common goals to each employee; creating a stimulating atmosphere. In the sphere of implementation of the plans, it is necessary to: increase attention to the issues of people management; effective use of powers; taking into account the physical and social status of the leader. In the area of control it is necessary: discussion of the achieved results; improvement of the priming system; increase in management efficiency. Attention is drawn to the key results through which the success of the situation management is predicted. Among them are: a creative and individual approach to planning, drawing up a calendar of the use of time, the willingness to use internal and external factors of influence on the position of the enterprise, possession of effective styles, methods, management techniques, creative improvement of work. The definition of an enterprise is proposed. An enterprise is an independent entity that is engaged in economic activities, has the rights of a legal entity, carries out production, research, commercial activities with the aim of making a profit. The factors that create the general foundations of the enterprise's activity are studied in detail: the general nature of the commercial activity of the enterprise, the general economic condition of the enterprise, the interconnected groups of the enterprise. Proposals are given for improving the management process at domestic enterprises, using foreign experience.

Central Otago - Built on gold, growing on grass.

2014 ◽  
Vol 76 ◽  
pp. 15-23
Author(s):  
Barrie J. Wills
Keyword(s):  
Economic Growth ◽  
Land Use ◽  
National Economy ◽  
Local Community ◽  
Central Government ◽  
Future Generations ◽  
Economic Potential ◽  
District Council ◽  
Definition Of

A warm welcome to our "World of Difference" to all delegates attending this conference - we hope your stay is enjoyable and that you will leave Central Otago with an enhanced appreciation of the diversity of land use and the resilient and growing economic potential that this region has to offer. Without regional wellbeing the national economy will struggle to grow, something Central Government finally seems to be realising, and the Central Otago District Council Long Term Plan 2012-2022 (LTP) signals the importance of establishing a productive economy for the local community which will aid in the economic growth of the district and seeks to create a thriving economy that will be attractive to business and residents alike. Two key principles that underpin the LTP are sustainability and affordability, with the definition of sustainability being "… development that meets the needs of the present without compromising the ability of future generations to meet their own needs."

The first flush in sewer systems

1996 ◽  
Vol 33 (9) ◽  
pp. 101-108 ◽  
Author(s):  
Agnès Saget ◽  
Ghassan Chebbo ◽  
Jean-Luc Bertrand-Krajewski
Keyword(s):  
Treatment Strategy ◽  
Real Data ◽  
First Flush ◽  
Clear Definition ◽  
Controversial Subject ◽  
Sewer Systems ◽  
Wet Weather ◽  
Definition Of ◽  
Appearance Frequency

The first flush phenomenon of urban wet weather discharges is presently a controversial subject. Scientists do not agree with its reality, nor with its influences on the size of treatment works. Those disagreements mainly result from the unclear definition of the phenomenon. The objective of this article is first to provide a simple and clear definition of the first flush and then to apply it to real data and to obtain results about its appearance frequency. The data originate from the French database based on the quality of urban wet weather discharges. We use 80 events from 7 separately sewered basins, and 117 events from 7 combined sewered basins. The main result is that the first flush phenomenon is very scarce, anyway too scarce to be used to elaborate a treatment strategy against pollution generated by urban wet weather discharges.

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