scholarly journals Od praw Rewolucji do Kodeksu Dziedzictwa (przemiany francuskiego prawa archiwalnego)

Archeion ◽  
2020 ◽  
pp. 151-181
Author(s):  
Krzysztof Stryjkowski
Keyword(s):  
French Law ◽  
Cultural Assets ◽  
Legal Provisions ◽  
The World ◽  
Code Changes

From revolutionary Rights to the Heritage Code (changes in French law on archives) France was the first country to establish a system of modern archives. The functioning of such facilities was supported by legal provisions to regulate both their organisation and the process of sharing the archival materials. The French solutions have been used by many archival services all around the world. The echoes of French provisions can also be found in the Polish Act on National Archival Resources and Archives. The current French law on archives was included in the Heritage Code, which encompasses other provisions regulating the protection and handling of cultural assets.

RESPONSABILIDADE AMBIENTAL DA PESQUISA MINERAL COM FINS ACADÊMICOS E CIENTÍFICOS

2020 ◽  
Vol 7 (2020) (2) ◽  
pp. 1-11
Author(s):  
Milson Xavier ◽  
Keyword(s):  
Extended Period ◽  
Environmental Issue ◽  
Legal Order ◽  
Environmental Legislation ◽  
Mineral Industry ◽  
Mineral Research ◽  
Legal Provisions ◽  
The World ◽  
Legal Security

he Coronavirus pandemic that spread around the world in the first half of 2020 brought impacts to society that will be registered for an extended period. In this paper, the effects showed an impossibility to maintain the progress of mineral research made by professionals in the academic and scientific areas. In an attempt to find justifications in the legal order of the mineral industry, to continue the work, it was faced with imposing environmental legislation that made a claim even more difficult. It was found that the Mining Code in place no longer regulates the activities of extraction of mineral specimens for museums, educational establishments and other scientific purposes. This left the legal security tied only to the interpretation of legal provisions in articles of the code and its regulation, as well as procedure manuals for environmental inspection bodies, and therefore, subject to the consequences of legal disputes with final decisions in higher courts, given the claim of superiority of the environmental issue over mining. Keywords: Coronavirus, pandemic, environmental legislation, mining code

scholarly journals History of World and Russian Mammoth Studies

2020 ◽  
pp. 1163-1181
Author(s):  
Vladimir S. Luzan ◽  
Alexandra A. Sitnikova ◽  
Anastasia V. Kistova ◽  
Antonina I. Fil’ko ◽  
Julia S. Zamaraeva ◽  
...  
Keyword(s):  
Cultural Practices ◽  
Far East ◽  
Legal Regulation ◽  
Modern World ◽  
Russian Culture ◽  
Art Collectors ◽  
The North ◽  
Legal Provisions ◽  
The World ◽  
Historical Comparative

The article is devoted to the study of the concept of the mammoth in regulatory documents and cultural practices. The analysis of both Russian and international experience allowed to generalise the existing legal provisions regarding the regulation of mammoths, as well as to determine the role of mammoths in the world and Russian culture, including the culture of the indigenous peoples of the North, Siberia and the Far East. The methodological basis of the study is represented by the comparative analysis of sources and materials, historical-comparative and chronological methods, the historiographic method, as well as methods of philosophical and art history analysis. The study revealed the fact that in the field of legislation and legal regulation of extraction and sale of mammoth ivory in the world, the issue of the status of mammoths is raised only in connection with a discussion of the survival of rare species of elephants. Measures to prevent extermination of elephant population, encompassing a ban on trade, including trade of mammoth ivory, cause heated discussions and are controversial for craftsmen, antique dealers and art collectors. The issue of legal regulation in this area is particularly acute for the Russian Federation, due to the lack of a finalised legal and regulatory framework, both at the federal, regional and municipal levels. The image of the mammoth in the world and Russian culture is embodied in a number of visual practices. These are heraldry, animation, book graphics, sculpture and fine art. Sign and symbolic forms of the mammoth embody religious and mythological characteristics of the animal, demonstrating its significance in people’s worldview, as well as indicating of the “living” memory of it in the modern world

scholarly journals Regulating Misleading Advertisements: Legal Provisions and Institutional Framework

2001 ◽  
Vol 26 (2) ◽  
pp. 51-58 ◽  
Author(s):  
D P S Verma
Keyword(s):  
Adverse Effect ◽  
Consumer Protection ◽  
Consumer Welfare ◽  
Institutional Framework ◽  
Consumer Protection Act ◽  
Legal Provisions ◽  
The World

In view of its adverse effect on consumer welfare, misleading advertising is sought to be regulated in most of the countries of the world. This note presents the legal provisions and institutional framework that regulate misleading advertisements in our country such as the MRTP Act, the Consumer Protection. Act, etc.

scholarly journals Export Compliance: A Missing Component of International Entrepreneurship

2017 ◽  
Vol 12 (11) ◽  
pp. 103 ◽  
Author(s):  
Vahid Jafari Sadeghi ◽  
Paolo Pietro Biancone ◽  
Charles Giacoma ◽  
Silvana Secinaro
Keyword(s):  
Corporate Governance ◽  
Web Sites ◽  
General Structure ◽  
Point Of View ◽  
The European Union ◽  
Legal Provisions ◽  
The World ◽  
Scientific Research Articles ◽  
Restrictive Measures ◽  
Export Compliance

There is a consensus that firm’s corporate governance impacts their ability to export. Corporate governance relies on export compliance as a framework which supports enterprises in order to mitigate their risks associated with export and provides a safe platform for firms to upgrade their position in the world of trade. The aim of this paper is to widen concepts of export control and compliance framework. The paper outlines the general structure of export compliance and presents a comprehensive view of United States of America and the European Union as powers in the world. In this study, we explained the nature of the violations from the point of view of export compliance and reached to dual-use, money laundering violation and sanctions embargos or restrictive measures. The methodology of this study is documenting analysis with an inductive approach. Essential data for this study has been gathered from secondary resources including diverse scientific research articles, institutional guidance notes, guidelines, manuals and export compliance related web sites and legal provisions in legislations of different countries.

scholarly journals MANDATORY LABELLING OF NANOFOOD AND THE WTO AGREEMENTS

2020 ◽  
Vol 16 ◽  
pp. 59-72
Author(s):  
Nor Akhmal Hasmin ◽  
Zinatul Ashiqin Zainol ◽  
Najwa Azizun ◽  
Nur Hafidah Abd Kadir
Keyword(s):  
New Technologies ◽  
Trade Agreement ◽  
World Trade Organisation ◽  
Food Labelling ◽  
Legal Provisions ◽  
Domestic Legislation ◽  
The World ◽  
Sanitary And Phytosanitary Agreement ◽  
Wto Agreements ◽  
Mandatory Labelling

Labelling of food products that contain new technologies has been adopted to inform consumers and address concerns over uncertainty of the technologies. Even though food labelling is significant, the implementation of mandatory labelling measures for nanofood within the domestic legislation is only possible if the measure is aligned with the World Trade Organisation (WTO) regulations. This paper examines whether mandatory labelling measure for nanofood would be permissible under the WTO agreements, i.e. the Technical Barriers to Trade Agreement and the Sanitary and Phytosanitary Agreement. The study adopts a doctrinal approach and content analysis by examining relevant legal provisions in the WTO agreements, cases decided by the WTO, and other documents on nanofood labelling. Findings suggest that the labelling measure amounts to unnecessary barriers to international trade. The mandatory labelling is not an international labelling standard and the practice is trade restrictive. Some recommendations presented at the end of this paper shall give invaluable insights into the implementation of mandatory labelling for nanofood if any country decides to introduce the measures in their food information system.

scholarly journals Implementation of International Legal Provisions on Preventing Corruption in the Russian Federation and Abroad

2017 ◽  
Vol 4 (4) ◽  
pp. 103-109
Author(s):  
V A Jilkin
Keyword(s):  
International Cooperation ◽  
Russian Federation ◽  
World Trade Organisation ◽  
Social Needs ◽  
The European Union ◽  
Legal Provisions ◽  
Wide Range ◽  
The World ◽  
The Usa ◽  
The Russian Federation

This article presents issues of the fight against corruption and analysis of anti-corruption processes in Russia, Finland, Israel, Great Britain and the USA. Issues of international cooperation in the anti-corruption sphere have already been considered by the United Nations, the World Bank, the International Monetary Fund, the World Trade Organisation, the Organisation of American States, the Organization for Economic Cooperation and the European Union. The fight against corruption in the Russian Federation is one of the key areas of consolidation of the statehood and it is being performed step by step through improvement of the legislation, activities of law enforcement, regulatory and public authorities of all levels as well as cultivation of civil intolerance to any manifestation of this social blemish. Russia is actively engaged in international dialogue on a wide range of issues for preventing corruption within the scope of coordination activities and international cooperation in different areas, including issues of anti-corruption in the sphere of sports, ecology and education. Cooperation with relevant international authorities and international organizations is one of the priorities of the General Prosecutor’s Office of the Russian Federation. Given that the Russian anti-corruption system is based on the national legal culture in the context of historical, social and economic development and specific social needs and interests, the author emphasizes that anti-corruption cooperation shall be based on respect for national legal systems and compliance with the international law under coordination of the UN. Legislative proposals on the need for introducing grounds for application on recovery of property, owned by corrupt officials and registered under a third party’s name, to the public revenue and increasing the terms of imprisonment for bribery, which shall be prepared for further improvement of the anti-corruption law.

scholarly journals Protection of Female Workers' rights in Employment and Incomes in Vietnam

2021 ◽  
Vol 1 (2) ◽  
Author(s):  
Thi Hong Loan NGUYEN ◽  
Thu Trang PHAM ◽  
Thi Ngoc Anh NGUYEN ◽  
Thi Thu Thuy BUI ◽  
Hong Thai NGUYEN
Keyword(s):  
Economic Development ◽  
Gender Inequality ◽  
Resource Use ◽  
Global Economy ◽  
Income Support ◽  
Female Workers ◽  
Legal Provisions ◽  
The World ◽  
Socio Economic Development ◽  
Female Employees

As an important task of the country's socio-economic development, protecting the rights offemale workers in employment and income is concerned and implemented by international organizationsand all countries in the world. The COVID-19 pandemic has been affecting the global economy and hurtthe incomes and employment of many female workers. In Vietnam nowadays, there is an increase in theunemployment rate of female workers, gender inequality in employment and income, and the ability tosecure their jobs and income. The article analyzes the current regulations and their implementation in theemployment and income of Vietnamese female workers in the context of the COVID-19 pandemic. Thearticle also proposes some recommendations on legal provisions related to training backup jobs, arrangingand employing female employees, providing income support for female employees during leave due tothe COVID-19 epidemic; and policies related to female workers and their employers. Theserecommendations will improve Vietnam's labor law on female workers’ rights in employment and incomeand enhance the efficiency of human resource use and socio-economic development.

Legal Features of the Provisions of Unjust Enrichment in Jordanian Civil Law and Comparative Law

2021 ◽  
pp. 1-14
Author(s):  
Sahib al-Fatlawi ◽  
Derar al-Daboubi
Keyword(s):  
Civil Law ◽  
Comparative Law ◽  
Civil Code ◽  
Roman Law ◽  
French Law ◽  
Independent Source ◽  
Unjust Enrichment ◽  
Legal Provisions ◽  
Islamic Jurisprudence

Abstract Unjust enrichment is considered one source of obligations, which stands in contrast to harmful acts as another source of obligation in the Jordanian Civil Code (JCC). The Unjust Enrichment Rule has developed historically from Roman law, through Islamic jurisprudence, then French law and jurisprudence to modern laws, such as that in Egypt influenced by French law. All these laws have recognised the Unjust Enrichment Rule as an independent source of obligation. Although the JCC was influenced by Islamic jurisprudence, Arab laws, such as the Egyptian Civil Code, and foreign-influenced Arab laws, its features distinguish it from other laws, either in terms of naming the source or the details related to its legal provisions. JCC’s special features need to be highlighted, defined and evaluated for comparison with other laws, i.e., proving beneficial when enacting a new JCC or defining it as unique rather than a copy of other precedent Arab laws.

scholarly journals Child's Right of Education in Islam and Afghan Laws

2021 ◽  
pp. 1-8
Author(s):  
Abdul Qader Nael
Keyword(s):  
Human Life ◽  
Human Beings ◽  
Right To Education ◽  
Legal Documents ◽  
Important Stage ◽  
Legal Provisions ◽  
The World ◽  
The Government ◽  
The Right ◽  
Effective Education

Childhood is an important stage of human life that has been valued in different forms by different societies and nations of the world. According to Muslim jurists, this stage of life begins from birth and continues until puberty. Afghan modern laws and many related international legal documents consider the age of 18 to be the end of childhood. Human beings at this important stage of life, called "children", have a lot of rights because of their weakness, inability to live independently, and because they need to be assisted to pass this important stage of life well and become effective persons in the society. One of the most important rights of a child is having access to a sound and effective education. Caring for this right of children is the responsibility of their parents, relatives, and the government, respectively. In view of this, Islamic Sharia and modern laws, both national and international, recognize the right to education as one of the most important rights of a child, and have enacted many legal provisions in this field and obliged the parties involved to implement them.

scholarly journals MEMBUMIKAN FIQH ANTROPOSENTRIS: PARADIGMA BARU PENGEMBANGAN HUKUM ISLAM YANG PROGRESIF

2019 ◽  
Vol 7 (1) ◽  
pp. 91-116
Author(s):  
Mohammad Takdir
Keyword(s):  
Islamic Law ◽  
Sacred Text ◽  
New Paradigm ◽  
Binary Decision ◽  
Legal Provisions ◽  
The People ◽  
Legal Foundation ◽  
The World

ABSTRACTThis study aims to explore the idea of anthropocentric fiqh as a new paradigm in the development of more equitable Islamic law for all people in the world. Nowadays, the study of fiqh growing in the community only centered on the binary decision between halal and haram which seemed to ignore the aspects of daily problem faced by the ummah. This study uses the anthropocentric paradigm as a criticism to the theocentric paradigm which focuses all problems of the ummah only to the God. The anthropocentric paradigm is a perspective on fiqh products which not only contain debates about the God's absolutes, but also concern on the human interests in obtaining justice and the benefits of every product of the ulama ijtihad. This study shows that anthropocentric fiqh is a model of the Islamic law development which is not oriented to the sacred text or the monopoly of interpretation of classical scholars. Anthropocentric Fiqh does not want to erase the legal provisions of the Shari'a as well as the results of the classical ulama's thoughts, but to strengthen the legal foundation which is in accordance to the needs of the ummah. So, anthropocentric fiqh is very compatible with the people situation who have their own problems related to the tradition or culture which are considered against the Islamic law.Keywords: Anthropocentric Fiqh, Tajdid, Islamic Law.

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