scholarly journals Comment: Ethiopia's Quest for an Appropriate Law: ‘An Answer’ from a Brother from Afar

2021 ◽  
Vol 15 (1) ◽  
pp. 263-270
Author(s):  
Muradu Abdo
Keyword(s):  
Legal Systems ◽  
Legal Regime ◽  
The West ◽  
Foreign Influence

There have been three waves of foreign influence in the ‘flesh’ and ‘soul’ of the Ethiopian legal regime ranging from the reception of liberal laws from Western modern legal systems to the socialist legality borrowed from the Marxist regimes of the pre-1990s. While the first epoch turned to the West for emulation, socialist legality went East. From the1990s onward, Ethiopia seems to have a hybrid (guramaile) of the two. Once again, Ethiopia’s post-2018 legal regime is rehearsing yet another chapter in its quest for the appropriate law. This comment reflects these pursuits and challenges, and it indicates the need for insight from an indigenous African wisdom of Sankofa.

Enforcing ECOWAS Law in West African National Courts

2011 ◽  
Vol 55 (2) ◽  
pp. 181-202 ◽  
Author(s):  
ES Nwauche
Keyword(s):  
Regional Integration ◽  
West African ◽  
Legal Systems ◽  
Economic Community ◽  
The West ◽  
Member States ◽  
Community Law ◽  
National Courts ◽  
The Law

AbstractOne of the constitutional challenges of regional integration is how to manage the limitation of national judicial sovereignty of member states to ensure that community law is recognized as superior to national law and is accordingly applied and interpreted by national courts at the instance of community citizens. This challenge arises from the national ordering of legal systems and the fact that states are the primary parties to agreements in which they limit their sovereignty in favour of the success of the community. This article examines the enforceability of the law of the Economic Community of West African States in the national courts of the West African states which comprise ECOWAS, with the aim of determining how this affects the integration goals of ECOWAS.

Compelling Defendant's Appearance at Court in Islamic Law

1996 ◽  
Vol 3 (3) ◽  
pp. 305-315 ◽  
Author(s):  
Farhat Ziadeh
Keyword(s):  
Islamic Law ◽  
Roman Law ◽  
Legal Representative ◽  
Legal Systems ◽  
The West ◽  
Modern Times ◽  
Muslim Countries ◽  
Primary Function ◽  
Long Time ◽  
The Law

AbstractDifferent legal systems have employed a variety of measures to insure the appearance of the defendant in court. The earliest conception of an action in Rome and in pre-Islamic Arabia was the voluntary appearance of both parties before a recognized or prestigious authority. Thus, early Roman law could not pass judgment against a defendant who failed to appear, either voluntarily or involuntarily. The idea that the court could give a judgment in the plaintiff's absence—the so-called judgment by default—took a long time to materialize in the West. Classical Islamic law requires that the defendant or his legal representative (wakīl) be present for a judgment to be given. This requirement is predicated on the assumption that the primary function of the judge is conciliation of the parties and not necessarily the vindication of rights. The law describes various measures that may be employed to force the defendant to appear in court. Failing that, it provides for the appointment of a legal representative for the defendant. Judgment by default was introduced into Muslim countries only in modern times under the influence of Western codes of procedure.

scholarly journals Corporations and Corporate Financial Instruments in Russian and Foreign Law

2021 ◽  
pp. 285-320
Author(s):  
R. V. Chikulaev ◽  
◽  
Keyword(s):  
Legal Status ◽  
Developed Countries ◽  
Legal Regulation ◽  
Financial Instruments ◽  
Legal Systems ◽  
Legal Regime ◽  
Financial Instrument ◽  
Corporate Rights ◽  
The World ◽  
Legal Forms

Introduction: the paper investigates the legal regime of corporate financial instruments in the context of the convergence of the world legal systems taking into account historically determined national differentiation. We study the legal regime of corporate financial instruments with respect to the status peculiarities of a corporation as a subject of legal relations and the regime characteristics of a financial instrument as a legal object. The purpose of the study is to analyze and generalize the legal experience of economically developed countries and to explain the modern legal content of the concept ‘corporate financial instrument’ against the related legal terms ‘securities’, ‘financial instrument’, ‘corporation’; to reveal major problems in the doctrine and positive legal regulation. Methods: comparative-legal, formal-logical, historical, analytical, empirical methods, and legal modeling. Results: the analysis of Russian and foreign experience made it possible for us to explain the specific nature of the legal status of corporation as the main component of modern economic systems, which determines special legal regimes of financial instruments that provide certain corporate rights. Conclusions: in terms of comparative analysis, of special interest is legal experience of such countries as Germany, France, Great Britain, and the USA since these countries show a higher level in the development of corporate legal forms and financial markets. Since early 1990s, Russia has been demonstrating high rates in the formation of the system of financial instruments circulation, which, with respect to the legal development of the corporate legal entity doctrine, brings Russian legal system closer to the world major legal systems. In the light of the focus on the sustainable economic development and defense of state interests with the use of modern digitalization methods, this also objectifies and makes currently relevant the development of the national legal regime of the corporate financial instrument based on the international legal experience.

scholarly journals The Legal Fiction of a Genuine Link as a Requirement for the Grant of Nationality to Ships and Humans – the Triumph of Formality over Substance?

2017 ◽  
Vol 17 (1) ◽  
pp. 167-191 ◽  
Author(s):  
Gotthard Mark Gauci ◽  
Kevin Aquilina
Keyword(s):  
Legal Systems ◽  
Legal Regime ◽  
National State ◽  
Functional Dimension ◽  
Legal Fiction ◽  
International Court ◽  
The Relationship ◽  
High Seas

SummaryThis paper discusses nationality of a person, whether physical or legal, and compares and contrasts the international legal regime which regulates the nationality of both persons. Whilst humans are granted nationality because they are citizens of a state to which they owe allegiance, in the case of areswhich enjoy nationality – such as a ship – the relationship between such aresand its national state is based on a functional dimension. A ship oftentimes navigates in areas beyond state jurisdiction (such as on the high seas) ending up in a legal vacuum if she enjoys no nationality to regulate its behaviour and whatever happens on board that ship during its extra-territorial voyages. The authors thus discuss the juridical nature of nationality, nationality of aresand of humans, and reflect upon the recent sale by states of their nationality to non-citizens thereby shifting human nationality closer to the commodification of nationality of which ships are a traditional instance. It concludes that nationality of ships and of humans has in some legal systems moved away from the classical International Court of Justice’s Nottebohm case requirement of a pre-existing genuine link to one where nationality is reduced to a commodity.

scholarly journals ISSUES OF MANAGEMENT OF A WILL IN RESPECT OF THE TESTATOR'S DIGITAL ASSETS

2021 ◽  
Vol 1 ◽  
pp. 31-34
Author(s):  
Tatyana S. Yatsenko ◽  
Keyword(s):  
Rapid Development ◽  
Legal Systems ◽  
Unified Approach ◽  
Legal Regime ◽  
Inheritance Law ◽  
Foreign Experience ◽  
The World ◽  
The Status ◽  
Digital Assets

Difficulties in ensuring the transfer of rights to digital assets to heirs exist today in most legal systems of the world, which is due to the lack of readiness of traditional inheritance law for such rapid development of technologies and the emergence of new objects. Taking into account foreign experience, the article analyzes the main problems that may arise in Russia in the process of executing wills in relation to digital assets due to the restriction in the law of their composition that does not meet the needs of turnover, the lack of a unified approach to understanding the legal regime of their individual types, the need to rethink the status and role of the executor in this process.

scholarly journals The influence of Western laws on Japanese law in history and experience for Vietnam today

2018 ◽  
Vol 34 (3) ◽  
Author(s):  
Mai Thang ◽  
Hoang Van Doan
Keyword(s):  
United States ◽  
Legal System ◽  
Legal History ◽  
The United States ◽  
Japanese Government ◽  
Legal Systems ◽  
The West ◽  
Foreign Law ◽  
Japanese Law ◽  
Modern Era

This article approaches from a legal history perspective to discover the effects of advanced laws in Western such as Germany, France, the United States on Japanese law in the modern era. Thereby, the authors clarify the ways of integrating foreign law and decode the choices, decisions of the Japanese government. This paper also focuses on analysis areas of the Japanese legal system that have been affected by the Western laws as well as clarifies the factors of foreign law integration and reasons of  the success of the Japanese legal system when it integrates laws from different legal systems of the West as well as the harmonious combination of traditional Japanese elements with extrinsic progress values. It shows the valuable experiences for Vietnam in the process of building and perfecting the current legal system..

scholarly journals The Rise of Early Modern Science

1995 ◽  
Vol 12 (1) ◽  
pp. 109-111
Author(s):  
Graham Leonard
Keyword(s):  
Early Modern ◽  
Islamic Law ◽  
Modern Science ◽  
Natural World ◽  
Educational Systems ◽  
Legal Systems ◽  
The West ◽  
Early Modern Science ◽  
Basic Premise ◽  
The Universe

The author has shown great courage in undertaking an endeavor thathas daunted historians of science, intellectual historians, Islamicists, andSinologists. Huff utilizes excellent sources and makes insightful hypothesesin this multidisciplinary work. If the book is not perfect, the failure issmall compared to what he has achieved. Building on this work, otherscholars will be able to sharpen the on-going debate and propose boldconclusions for years to come.The Rise of Early Modern Science concentrates on why science "tookoff' in the West but not in China or the Islamic world, where it had muchlonger histories. By "takeoff," Huff means the explosion of scientific discoverythat flowered in the West, especially during the early seventeenthcentury. His basic premise is succinct: "Modem science depends on thebelief that the natural world is a rational and ordered world" and that"man is a rational creature who is able to understand and accuratelydescribe the universe." Claiming that such Greek tenets never occurred inChina and noting that the Arabs passed them on to Europe, he enwnerateshow they took hold in the West and facilitated the modem world.Huff compares the legal systems of the three cultures as institutionalizationsof their social, political, and intellectual experiences. While comparisonsof their legal systems produce interesting results, contrasting theirthought processes, educational systems, and practices of science couldhave shed more light on the differences in their utilization of scientificmethodologies. His recourse co legal systems for comparisons in scienceis not successful, for law parallels scientific methodology in that bothemploy rigor, empiricism, and deduction. But induction, essential for science,was used in law mainly for purposes of legislation. His comparisonof Islamic law with the West's fails because the former includes everyaspect of life, whereas the latter is more limited to criminal, civil, and corporateaspects. China's law, on the other hand, is concerned with the socialorder.Huff notes that China concentrated more on the organization ofhuman society than on the natural environment. Emperors and their minionsopposed searching for "truths" lest the established order be troubled.China did not codify or institutionalize its laws in ways comparable toIslam and the West. Given this history, China should be effectively out of ...

Parliamentary Authority over Creditors’ Claims

2021 ◽  
pp. 74-90
Author(s):  
Claire Priest
Keyword(s):  
West Indies ◽  
Legal Regime ◽  
Slave Labor ◽  
The West ◽  
Staple Crops ◽  
English Law ◽  
Debt Recovery ◽  
British Colonies ◽  
Recovery Act

This chapter describes the history and impact of Parliament's Debt Recovery Act of 1732, which created a legal regime strengthening creditors' remedies against land and slaves throughout the British colonies in America and the West Indies. Parliament enacted the Debt Recovery Act in response to concerns among English creditors that the colonists were defeating their efforts to collect on debts by invoking traditional English legal protections to land. The merchants were interested in the laws of Virginia and Jamaica, where planters relied on credit to purchase an increasing supply of slave labor. With some exceptions, colonies relying heavily on slave labor to produce staple crops were more likely than other colonies to uphold the English protections to land and inheritance from unsecured creditors. A second concern driving Parliament's enactment of the Debt Recovery Act was that colonial legislatures might at any time enact laws characterizing slaves as “land” and thereby make the slaves legally immune from seizure by creditors under English law.

scholarly journals The Blessing of Departure: Acceptable and Unacceptable State Support for Demographic Transformation: The Lieberman Plan to Exchange Populated Territories in Cisjordan

2008 ◽  
Vol 2 (1) ◽  
pp. 1-65
Author(s):  
Timothy William Waters
Keyword(s):  
International Law ◽  
The State ◽  
International Standards ◽  
Equal Protection ◽  
Ethnic Cleansing ◽  
State Control ◽  
Legal Regime ◽  
State Support ◽  
The West ◽  
The One

What limits ought there be on a state’s ability to create a homogeneous society, to increase or perpetuate non-diversity, or to create hierarchies within existing diversity? This article examines those questions with reference to the Lieberman Plan—which proposes to transfer populated territories from Israel to the Palestine in exchange for Jewish settlements on the West Bank— as an abstract exercise in demographic transformation by the state. First the article considers if the Lieberman plan would “work”: Would it create the alterations it proposes, and would those changes achieve a stable, peaceful, perhaps even just settlement? It finds that though there is debate about the range of effect, there is little doubt that transfer would alter the state’s demography. It then turns to the international standards that might govern the transfer of territory and the denaturalization of citizens, to see how they would characterize such a plan. It finds that comparisons to ethnic cleansing are inapposite, and that norms protecting citizenship are considerably more complex than they first appear—even allowing ethnically targeted denaturalization in some cases.The article then analyzes the loyalty provisions of the Lieberman Plan, and notes that, contrary to the usual normative assumption that citizenship is tied to the state, the foundations of citizenship are actually a habitual or formative link to a given territory, which in turn creates a right to citizenship not in any particular state, but in the one that incidentally is sovereign over that territory. This interaction of citizenship and territory, when considered together with norms requiring equal protection for all citizens, suggests that the polity has an interest in defining its own territorial scope, and thereby its membership. The legal regime is ambiguous, and therefore deliberations about this question are in the realm of politics. The article demonstrates how transfer’s assimilation to existing norms suggests a novel interpretation of selfdetermination with far-reaching consequences for both sides of the conflict.Finally, the article notes that international law, though it polices excesses, is largely silent on the principal determinant of demography: the fact of state control over territory.

Force Majeure in Libyan Law: Current Issues

2012 ◽  
Vol 26 (3) ◽  
pp. 387-392
Author(s):  
Dahmane Ben Abderrahmane
Keyword(s):  
Legal Systems ◽  
Legal Tradition ◽  
Legal Regime ◽  
Force Majeure

Abstract Force majeure is undoubtedly recognized as an instrument of Libyan law. In Libyan law, the legal regime of force majeure is marked by specific features not found in other legal systems based at least in part on Roman–Germanic legal tradition.

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