International Comparative Jurisprudence最新文献_第2页

The Role of Quasi-Courts in Controlling the Legality of Public Administration: Prerequisites for Systematisation of Pre-Trial Tax Dispute Resolution in Lithuania 准法院在控制公共行政合法性中的作用:立陶宛审前税务争议解决制度化的先决条件

International Comparative Jurisprudence Pub Date : 2020-12-28 DOI: 10.13165/j.icj.2020.12.006

Eglė Bilevičiūtė, B. Pranevičienė

{"title":"The Role of Quasi-Courts in Controlling the Legality of Public Administration: Prerequisites for Systematisation of Pre-Trial Tax Dispute Resolution in Lithuania","authors":"Eglė Bilevičiūtė, B. Pranevičienė","doi":"10.13165/j.icj.2020.12.006","DOIUrl":"https://doi.org/10.13165/j.icj.2020.12.006","url":null,"abstract":"In many countries today, the practice of establishment, a kind of hybrid of the judiciary and public administration, and the so-called quasi-courts - various commissions, tribunals, etc., have recently become common practice of administrative justice functions implementation not only in courts, but also in quasi-courts. Proceedings in such institutions are commonly referred to as quasi-judicial; as the administration of administrative justice in quasi-courts follows, a procedure similar to those in administrative courts and ensuring of the basic principles of judicial proceedings, e.g. the principle of legality, the principle of the right to be heard, and so on. The aim of the authors' research is to reveal the preconditions for the systematization of quasi-judicial control of the legality of the activities of public administration entities and the settlement of tax disputes in Lithuania. To achieve the goal, the following tasks were singled out: 1) to present the concept of quasi-court and to reveal the essential characteristics of quasi-court; 2) to disclose the essence of the control of the legality of the subjects of public administration and the possibility of quasi-courts to exercise the control of the legality of the administration; 3) to present a case study: the problems of the status and legal regulation of the Tax Dispute Commission of Lithuania. The main results of the research: the concept and characteristics of quasi-judicial institutions were clarified and the advantages of such institutions and directions of improvement were identified.","PeriodicalId":32140,"journal":{"name":"International Comparative Jurisprudence","volume":"6 1","pages":"178-189"},"PeriodicalIF":0.0,"publicationDate":"2020-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48698551","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

THE PAST AND PRESENT OF MYANMAR (BURMESE) PATENT LAW 缅甸专利法的历史与现状

International Comparative Jurisprudence Pub Date : 2020-12-28 DOI: 10.13165/j.icj.2020.12.008

Kenneth I. Granle

{"title":"THE PAST AND PRESENT OF MYANMAR (BURMESE) PATENT LAW","authors":"Kenneth I. Granle","doi":"10.13165/j.icj.2020.12.008","DOIUrl":"https://doi.org/10.13165/j.icj.2020.12.008","url":null,"abstract":"In recent years, Myanmar has taken its place on the world stage, causing both disquiet and uncertainty in the international community in terms of its policies relating to various legal and political matters. This former kingdom with its long and impressive history, and comprising many different ethnic groups, has experienced long periods of occupation and colonial rule, the most recent being as a British colony prior to independence in 1948. Today, despite having a democratically elected government, Myanmar continues to live under the shadow of the former military dictatorship which ruled the country from 1962 to 2011. Many aspects of its legal system have recently come under scrutiny, including its policies towards intellectual property rights. This paper explores the history of patent law in Myanmar, making the connection with the country’s turbulent past, as well as offering a glimpse of what may be a possible future regarding patent protection. It will also examine the international treaties and organizations to which Myanmar is a signatory, and its recognition of foreign patents. There will be some discussion of patent rights in neighbouring countries and other intellectual property protections.","PeriodicalId":32140,"journal":{"name":"International Comparative Jurisprudence","volume":"6 1","pages":"201-212"},"PeriodicalIF":0.0,"publicationDate":"2020-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46740467","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

METHODS OF LEGAL INTERPRETATION, LEGITIMACY OF JUDICIAL DISCRETION AND DECISION-MAKING IN THE FIELD OF THE POLITICAL: A THEORETICAL MODEL AND CASE STUDY 法律解释的方法、司法自由裁量权的合法性以及政治领域的决策:一个理论模型和案例研究

International Comparative Jurisprudence Pub Date : 2020-12-28 DOI: 10.13165/j.icj.2020.12.001

R. Mańko

{"title":"METHODS OF LEGAL INTERPRETATION, LEGITIMACY OF JUDICIAL DISCRETION AND DECISION-MAKING IN THE FIELD OF THE POLITICAL: A THEORETICAL MODEL AND CASE STUDY","authors":"R. Mańko","doi":"10.13165/j.icj.2020.12.001","DOIUrl":"https://doi.org/10.13165/j.icj.2020.12.001","url":null,"abstract":"This article examines, on the one hand, the relationship between methods of legal interpretation used by judges, and on the other hand, the legitimacy of judicial discretion and the impact of judicial decisions upon structural social antagonisms (known as ‘the political’). The paper explores these matters by means of a case study, namely, the judicial activity of the European Court of Justice (‘Court’). The article posits a direct correlation between the method of interpretation chosen by the court, and the legitimacy of its discretion as well as the level of decision-making with regard to the political. Accordingly, if the Court chooses a linguistic method of interpretation, adhering to the objective will of the treaty-makers and legislators, the legitimacy of a decision has more weight, and the extent of judicial decision-making in the field of the political is correspondingly lower. However, this is not possible due to the general features of legal language, and especially specific features of the language used in European case law since the judge is unable to decide cases solely on the basis of the language of legal texts. This creates a need for the judge to arrive at a decision, which must be legitimised on the basis of the axiological choices made, and interests protected. To this end, a tentative normative theory of interpretation for the Court is proposed.","PeriodicalId":32140,"journal":{"name":"International Comparative Jurisprudence","volume":"6 1","pages":"108-117"},"PeriodicalIF":0.0,"publicationDate":"2020-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41654439","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Jihadist, Far-Right and Far-Left Terrorism in Cyberspace – Same Threat and Same Countermeasures? 网络空间中的圣战分子、极右翼和极左翼恐怖主义——同样的威胁和同样的对策?

International Comparative Jurisprudence Pub Date : 2020-12-28 DOI: 10.13165/j.icj.2020.12.005

Milena Ingelevič-Citak, Zuzanna Przyszlak

{"title":"Jihadist, Far-Right and Far-Left Terrorism in Cyberspace – Same Threat and Same Countermeasures?","authors":"Milena Ingelevič-Citak, Zuzanna Przyszlak","doi":"10.13165/j.icj.2020.12.005","DOIUrl":"https://doi.org/10.13165/j.icj.2020.12.005","url":null,"abstract":"This paper investigates whether the counter-terrorism measures developed and implemented within the European Union have a universal character and are equally effective in the context of various types of terrorism. The authors focus on the strategies applicable to the terrorist activities online, since information and communication technology is perceived as the fastest growing and continually changing field of the terrorist threat. So far, most of the counteractions and security strategies have been subordinated to the jihadism combating. However, in recent years, the significant growth of threats coming from far-right and far-left terrorist activities has been observed. It raises questions about the capability of instruments to prevent and combat other types of terrorism as well as jihadism. The research was conducted in particular, on the basis of international organizations' reports, the authors' observations, and practitioners' remarks. As follows from its results, there are significant differences in the phenomenon, current trends, and modus operandi of the perpetrators in the jihadi, far-right, and far-left terrorism. Consequently, it is possible to conclude that the effectiveness of chosen countermeasures, subordinated - as a rule – to the fighting of the jihadi extremists, is doubtful in preventing and combating far-right and far-left terrorism.","PeriodicalId":32140,"journal":{"name":"International Comparative Jurisprudence","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45799235","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

THE EUROPEAN COURT OF HUMAN RIGHTS: INTERNET ACCESS AS A MEANS OF RECEIVING AND IMPARTING INFORMATION AND IDEAS 欧洲人权法院：互联网接入作为接受和传递信息和思想的手段

International Comparative Jurisprudence Pub Date : 2020-12-28 DOI: 10.13165/j.icj.2020.12.003

Gergely Gosztonyi

{"title":"THE EUROPEAN COURT OF HUMAN RIGHTS: INTERNET ACCESS AS A MEANS OF RECEIVING AND IMPARTING INFORMATION AND IDEAS","authors":"Gergely Gosztonyi","doi":"10.13165/j.icj.2020.12.003","DOIUrl":"https://doi.org/10.13165/j.icj.2020.12.003","url":null,"abstract":"\"The Internet has now become one of the principal means by which individuals exercise their right to freedom to receive and impart information and ideas.\" (European Court of Human Rights, cited in Cengiz and Others v. Turkey). Are these rights merely window dressing for some countries? Perhaps the most important question is what lies behind this so-called Potemkin village that is very much in evidence? [1] For example, in 2019 there were at least 213 documented internet shutdowns around the world, with the number of countries experiencing shutdowns increasing from 25 in 2018, to 33 in 2019 – or 17% of the countries in the world today. In this respect, Russian and Turkey are standouts as landmark cases that have come before the European Court of Human Rights (ECtHR). Here, the fundamental issue is blocking access to the Internet, regardless of the methods used by each State. This paper examines the use of shutdowns in Russia and Turkey with a view to understanding how these States in particular are responding to the propagation of fake news, hate speech, content that promotes violence, and how to balance drastic measures (shutdowns) with the need to ensure public safety and/or national security and freedom of expression.","PeriodicalId":32140,"journal":{"name":"International Comparative Jurisprudence","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49487074","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 3

GLOCALIZATION AND THE DECENTRALIZATION OF PUBLIC POWER IN UKRAINE 全球化与乌克兰公共权力的分权

International Comparative Jurisprudence Pub Date : 2020-12-28 DOI: 10.13165/j.icj.2020.12.007

O. Petryshyn, V. Serohin, S. Serohina

{"title":"GLOCALIZATION AND THE DECENTRALIZATION OF PUBLIC POWER IN UKRAINE","authors":"O. Petryshyn, V. Serohin, S. Serohina","doi":"10.13165/j.icj.2020.12.007","DOIUrl":"https://doi.org/10.13165/j.icj.2020.12.007","url":null,"abstract":"This article explores the constitutional reform intended to promote decentralization in Ukraine. The reforms are currently being implemented and represent the manifestation of glocalization in the territorial organization of public power and local self-government. For the purposes of this article, glocalization is understood to mean a process of social development. Thus, in the context of globalization, regional and local differences are maintained or even strengthened rather than being dissolved. We assert that glocalization can be used to analyse – in-depth – the impact of reforms in the redistribution of power and financial resources on local (socio-political, legal, mental, and other) specifics. Notwithstanding, decentralization defines only the strategy and the main direction of relevant reforms, whereas their content, scope, consistency, and timing may vary depending on the tactics and ideology of the reformers. The article sets out the ways in which glocalization manifests itself in the decentralization of public power in Ukraine, in particular, how local self-government is being transformed by numerous factors. These include: conditions of “asymmetric” unitarism and social democracy; a combination of political and fiscal types of decentralization; specifics of power redistribution at the oblast (region), raion (district) and basic levels; as well as preference for bureaucratic forms of local self-government over municipal forms of direct democracy.","PeriodicalId":32140,"journal":{"name":"International Comparative Jurisprudence","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42297944","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

PRIVILEGE AGAINST SELF-INCRIMINATION: THE DILEMMA OF APPROPRIATE STANDARDS IN COMPETITION LAW 反对自我指责的特权：竞争法适用标准的困境

International Comparative Jurisprudence Pub Date : 2020-12-28 DOI: 10.13165/j.icj.2020.12.004

Monika Dumbrytė-Ožiūnienė

{"title":"PRIVILEGE AGAINST SELF-INCRIMINATION: THE DILEMMA OF APPROPRIATE STANDARDS IN COMPETITION LAW","authors":"Monika Dumbrytė-Ožiūnienė","doi":"10.13165/j.icj.2020.12.004","DOIUrl":"https://doi.org/10.13165/j.icj.2020.12.004","url":null,"abstract":"The procedures of the European Commission regarding privilege against self-incrimination and its application in competition law proceedings have come under intense scrutiny, yet there has been little analysis of how it is applied in national proceedings. What analysis there is has been confined to how the standards developed by the Court of Justice of the European Union are applied, with little or no reference to the case law of the European Court of Human Rights. In the context of Lithuania and its legal practises, this article presents an analysis of privilege against self-incrimination from the perspective of Lithuanian procedural rights of the administrative process, human rights, and the European Union law. It finds that neither case law of the European Court of Human Rights nor the European Court of Justice of the European Union provide a definitive answer on the implementation of privilege against self-incrimination in competition law proceedings, since undertakings and employees may have a different status in the procedure in order for different guarantees to be applied. Thus, a systematic approach should prevail with national authority applying these standards, taking into consideration distinct features of both competition law and national administrative law.","PeriodicalId":32140,"journal":{"name":"International Comparative Jurisprudence","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46963572","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

ENFORCEABILITY OF MEDIATION SETTLEMENT AGREEMENTS: UKRAINIAN PERSPECTIVE IN THE LIGHT OF CURENT TRENDS 调解和解协议的可执行性：当前趋势下的乌克兰视角

International Comparative Jurisprudence Pub Date : 2020-06-26 DOI: 10.13165/j.icj.2020.06.007

Kateryna Manetska, O. Levchyshyna

引用次数: 1

COMPATIBILITY OF BUSINESS MODELS OF ESTONIAN LANGUAGE TECHNOLOGY ENTREPRENEURS WITH REGULATORY FRAMEWORK ON THE USE OF DIGITAL CONTENT 爱沙尼亚语技术企业家的商业模式与使用数字内容的监管框架的兼容性

International Comparative Jurisprudence Pub Date : 2020-06-26 DOI: 10.13165/j.icj.2020.06.006

Irene Kull, Kadri Vider, T. Mets, Aleksei Kelli

{"title":"COMPATIBILITY OF BUSINESS MODELS OF ESTONIAN LANGUAGE TECHNOLOGY ENTREPRENEURS WITH REGULATORY FRAMEWORK ON THE USE OF DIGITAL CONTENT","authors":"Irene Kull, Kadri Vider, T. Mets, Aleksei Kelli","doi":"10.13165/j.icj.2020.06.006","DOIUrl":"https://doi.org/10.13165/j.icj.2020.06.006","url":null,"abstract":"Language technology provides several possibilities to commercialise collected language resources (data) in the form of providing access to databases, dictionaries, translation, text analysis and localisation services, storage of documents and personal language data, software, and other types of digital content. This article focuses on the contractual relationships in selling language technology products and providing services to the customers, and explores the entrepreneurial perspective on the supply of digital content to compare its compatibility with the existing regulatory framework. For comparison, the authors have chosen Estonian companies specialising in language technology. The main conclusions concerning the entrepreneurial perspective are based on a study of homepages and personal interviews. The compatibility between the business model and the regulatory framework is analysed based on the case study and Estonian legislation. The authors aim to outline how language technology entrepreneurs in Estonia themselves conceptualise the digital content they are commercialising, the nature of their business models, and entrepreneurial practice (business model). The authors take into account the applicable regulatory framework (protection of intellectual property, contract law, proprietary relations), and also analyse the contracting method, contractual remedies, and need for an objective neutrality in legal regulation.","PeriodicalId":32140,"journal":{"name":"International Comparative Jurisprudence","volume":"6 1","pages":"70-83"},"PeriodicalIF":0.0,"publicationDate":"2020-06-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47168699","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

CONVENING THE GENERAL MEETING OF SHAREHOLDERS OF A LIMITED COMPANY: ESTONIAN LAW IN A DIGITAL PERSPECTIVE 召开有限公司股东大会：数字视角下的爱沙尼亚法律

International Comparative Jurisprudence Pub Date : 2020-06-26 DOI: 10.13165/j.icj.2020.06.008

Maris Vutt

{"title":"CONVENING THE GENERAL MEETING OF SHAREHOLDERS OF A LIMITED COMPANY: ESTONIAN LAW IN A DIGITAL PERSPECTIVE","authors":"Maris Vutt","doi":"10.13165/j.icj.2020.06.008","DOIUrl":"https://doi.org/10.13165/j.icj.2020.06.008","url":null,"abstract":"In today’s modern and digital society, electronic means of communication are used in all areas of life, including communication between shareholders of companies. The objective of this article is to determine whether – and if so which – modern-day electronic communication channels could be used by Estonian private and public limited companies for sending a notice of a general meeting, and also whether Estonian legislation is in accordance with the above-mentioned principles of the EU on this matter. To that end, the article begins with an analysis of the legal nature of a notice on convening a meeting and its communication. The article also analyses the requirements established in the Estonian legislation on convening a general meeting, comparing it with corresponding German and, to a lesser extent, British law. The hypothesis is that the applicable law in Estonia may currently impose unreasonable obstacles to the use of digital and flexible solutions for convening a meeting. Based on the analysis of the article, the main conclusion is that Estonian company law has not exercised all the possibilities for ensuring the use of flexible digital solutions regarding communication between a company and its shareholders, and therefore needs modernisation.","PeriodicalId":32140,"journal":{"name":"International Comparative Jurisprudence","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-06-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47764373","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0