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OER - Pháp luật - Thể chế xã hội (233)
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“By mutual agreement, the competent authorities of two or more Member States may set up a joint investigation team for a specific purpose and a limited period, which may be extended by mutual consent, to carry out criminal investigations in one or more of the Member States setting up the team.”Footnote1 |
One of the biggest problems faced by consumers seeking redress for financial harm is the prohibitive expense and impracticality of bringing low-value individual legal proceedings. The Consumer Rights Act 2015 introduced a new regime for collective redress for competition law infringements whereby for the first time, claims may be brought on an opt-out basis. The new regime was examined by the Supreme Court in its recent decision in Merricks v Mastercard. The Mastercard claim raises important questions about consumer remedies, access to justice, litigation funding and practical enforcement issues. This paper examines the decision through the lens of behavioural science, seeking insight... |
Gendered language is becoming a matter of serious concern for legal drafters and policymakers because 'it is always changing as societal views change' (The University of Calgary: Office of diversity, equity and protected disclosure 2017:1). Many western countries have made considerable progress towards using inclusive legal language. However, inclusive language is not implemented in other parts of the World; the Arab World is no exception. This may be due to the violation of language rules, the decline of language, and the lack of enough evidence that changing the language will change society (Brown in ABA J, 2019) and (Brown in ABA J: 24–26, 2018). In this paper, I explore the challe... |
The onset of the COVID-19 pandemic saw a period of rapid experimentation with insolvency law settings, designed to prevent a wave of insolvencies. Although governments acted quickly to keep debtors out of insolvency processes, they did not alter high levels of underlying indebtedness. In this worsening economic climate characterized by low growth, high inflation, fiscal tightening and high indebtedness, it appears, in certain countries, that these measures may have deferred, rather than prevented, high insolvency levels. A key economic legacy of the COVID-19 pandemic is the extensive fiscal stimulus and the resulting budgetary constraints this has placed on governments |
There is currently unprecedented attention in Australia on the misidentification of women victim-survivors as family violence ‘predominant aggressors’—this focus has largely been oriented towards the role of the police. Less research has considered court responses to misidentification and specifically, the role that legal practitioners play in recognising and responding to clients who have been misidentified. This article addresses this key gap in the literature through an exploration of 18 legal practitioners’ experiences of representing misidentified clients in the civil protection order system in the Australian state of Victoria. |
Due to the increase in the digitalization on board ships, the potential consequences of a cyber-induced incident can threaten the safety of the ships. A known challenge in the maritime industry is communication between ship owner management onshore and the crew on board a ship, especially during incident handling. To mitigate this issue and enhance cooperation in the digital age, crew and ship owner management need to meet, train for, and discuss cyber risks and their challenges. One way to enhance cohesive teams and effective communication is through the application of a human-centred design (HCD) approach to holistic team training. This paper proposes how simulator instructors shoul... |
The essay addresses Brexit as a constitutional and jurisgenerative moment. It provides an alternative reading to that traditionally used to assess its impact on the Anglo-British constitution. Politics and legalism have trapped Britain in a formalistic approach without offering innovative responses to the challenges posed by Brexit, persuading the public that there are no alternatives to an out-of-Europe approach. The essay adopts a different stance, exploring Brexit with less formalism and more attentiveness to its impact on British society. It uses novels and essays, political pamphlets, and other writings prompted by Brexit to examine the conditions underlying this event. Their ana... |
This article embarks on a tour of Brexit Britain in the company of the eighteenth-century writer Daniel Defoe. The closer text is his A Tour Through the Whole Island of Great Britain, published between 1724 and 1726. Defoe wrote his Tour, in considerable part, as a gentleman’s guide to the newly ‘United’ Kingdom of Great Britain. It seems apt to revisit Defoe’s Tour given the stresses which presently test the integrity of this same union three centuries on. Stresses which moreover have been exacerbated by Britain’s tortured attempt to extricate itself from another Union, the European. The article will, in fact, revisit just three of the places to which Defoe invited his readers; Roche... |
The Inter-American Court of Human Rights’ judgment in Manuela and Others v El Salvador represents a missed opportunity for advancing abortion access and sexual and reproductive health and rights in international human rights law (IHRL). Even though this case is representative of the multiple human right violations arising from El Salvador’s complete criminalisation of abortion and active prosecution of those suspected of having had the procedure, the Court shied away from engaging in a critique of El Salvador’s abortion legislation. Instead, it focused on issues relating to pre-trial detention, due process, and medical confidentiality. |
Ensuring the proper implementation of academic freedom can be difficult both for policymakers and university authorities. Hence, great emphasis should be given to the defensive function of academic freedom. In this paper, we analyse the legal regulations and the jurisprudence of the constitutional courts of Germany, Hungary, Poland, Portugal, and Spain. We identify who is the holder of academic freedom, how the defensive function of academic freedom works and what academic activities are being protected. The study shows that individual countries emphasise slightly different aspects of the defensive function of academic freedom but remain unanimous on the essence of this function. |
The article locates the aesthetics of law within modern legal knowledge, moving from the analysis of Kelsen’s and Schmitt’s theories. Schmitt’s reading of Hobbes becomes the starting point in which political theology can be understood as an iconic legal theology, since the image of Leviathan. Legendre expands the reconstruction of the legal aesthetic model to the entire second millennium, moving from the appropriation of the imperial role of the Roman Pontiff. The article reads the frontispiece of Vico’s Scienza Nuova as a possible alternative to the Hobbesian model and as the foundation of contemporary visual legal studies. |
The proposal for the Artificial Intelligence Act is the first comprehensive attempt to legally regulate AI. Not merely because of this pioneering role, the draft has been the subject of controversial debates about whether it uses the right regulatory technique, regarding its scope of application and whether it has sufficient protective effect. Moreover, systematic questions arise as to how the regulation of constantly evolving, dynamic technologies can succeed using the means of the law. The choice of the designation as Artificial Intelligence Act leads to legal-theoretical questions of concept formation as a legal method and legislative technique. This article examines the difficulti... |
In digital markets, concentrated Big Data and analytical algorithms enable undertakings to predict each consumer’s willingness to pay with increasing accuracy and offer consumers personalized recommendations and tailored prices accordingly. In this context, concerns have arisen about whether and when AI-enabled price discrimination amounts to an abuse of dominance under competition law and would require a legal response. To address these concerns, this paper will analyze AI-enabled price discrimination from a comparative law and economics perspective. In economics, price discrimination is not always undesirable as it can increase static efficiency, and, on some occasions, it can promo... |
Recent advancements in simulation technology facilitated maritime training in various modalities such as full-mission, desktop-based, cloud-based, and virtual reality (VR) simulators. Each of the simulator modality has unique pros and cons considering their technical capabilities, pedagogical opportunities, and different organizational aspects. On the other hand, enhanced training opportunity and diversity of training depends on the proper utilization of simulators. In this context, the absence of an unbiased, transparent, and robust simulator selection process poses a complex decision-making challenge for the maritime instructors and decision-makers at the institutions. In this study... |
This article deals with the notion of jurisdictional discourse, which, as a specific type of complex discourse, always poses a real challenge to translators. The authors present a contrastive analysis of the texts of legal decisions in French, German and Polish in order to demonstrate the difficulties in translation and the consequences which they entail, and to suggest a strategy for overcoming them. Firstly, the authors briefly compare the texts of judicial decisions indicating their characteristics both in terms of the macrostructure of the text and in terms of syntactic and lexical units. Secondly, they explain the origin of the difficulties in translation resulting from the quali... |
The paper explores the hypothesis that multinomials can act as authorship-based style distinguishing markers in legal communication. Specifically, the analysis focuses on identifying the quantitative distribution patterns of structural categories of multinomials as typical for two authorship categories and on their communicative function. The two authorship categories that are contrasted here are legal professionals/experts and lay people. The analysis is conducted in the corpus-based methodology with a custom-designed corpus of English, authentic texts found in the legal trade, in the domain of company registration proceedings. |
When addressing corporate sustainability challenges, artificial intelligence (AI) is a double-edged sword. AI can make significant progress on the most complicated environmental and social problems faced by humans. On the other hand, the efficiencies and innovations generated by AI may also bring new risks, such as automated bias and conflicts with human ethics. We argue that companies and governments should make collective efforts to address sustainability challenges and risks brought by AI. Accountable and sustainable AI can be achieved through a proactive regulatory framework supported by rigorous corporate policies and reports. |
This article presents the legal framework of attorney-client privilege in Poland, indicating situations when an attorney is entitled or obliged to reveal information covered, in principle, by professional secrecy, as well as the consequences of an attorney’s erroneous evaluation in this regard. The author refers to provisions which require legal amendment or functional interpretation in order to guarantee respect for attorney-client privilege in legal proceedings, pointing out also controversial interpretations in court practice of what, in principle, are clear legal provisions relating to attorney duties. Finally, the poor perspective for changes in relevant field and the reasons for... |
Several major initiatives have been undertaken worldwide towards the development and commercialisation of maritime autonomous surface ships (MASSs). This study aims at capturing the current understanding and perspectives of the maritime industry stakeholders pertinent to the challenges and requirements for the design and operation of MASSs. A methodological approach consisting of five steps is followed. A questionnaire is developed and employed to conduct two surveys among the identified maritime industry stakeholders. Subsequently, the acquired response results are analysed, whereas statistical metrics are calculated and comparatively assessed using the box plot method, to provide ev... |
The grounds for refusal or invalidity relating to trade marks filed in bad faith or being contrary to public policy or accepted principles of morality are based entirely on undefined concepts and require a value judgement to be made by the adjudicating authorities. This openness has led to the exploration of new lanes for these grounds in case law beyond the traditional scope of their application. This paper examines how the flexibility of the concepts at hand has led to considerable uncertainty in assessing whether a particular mark is registered in bad faith or offends against morality and public policy – and in some cases both. In particular, the objective, consistent viewpoint of ... |
