Global Journal of Comparative Law最新文献_第3页

Impeachment: A Mechanism between Political Accountability and Legal Responsibility? Common Law Sources and the Brazilian Originalist Model 弹劾:一种介于政治问责与法律责任之间的机制?普通法渊源与巴西原旨主义模式

Global Journal of Comparative Law Pub Date : 2022-07-12 DOI: 10.1163/2211906x-11020003

Ranieri L. Resende

{"title":"Impeachment: A Mechanism between Political Accountability and Legal Responsibility? Common Law Sources and the Brazilian Originalist Model","authors":"Ranieri L. Resende","doi":"10.1163/2211906x-11020003","DOIUrl":"https://doi.org/10.1163/2211906x-11020003","url":null,"abstract":"\u0000 This paper seeks to analyze impeachment as a mechanism of institutional control of political actors, searching for its historical and theoretical bases in common law, so as to uncover the sources of the Brazilian originalist model. The Brazilian model deserves special attention due to its highly distinct, descriptive constitutional hypotheses. Before attempting to define the nature of impeachment, the main objective was to place the general idea of responsibility within the theoretical scope of representative democracy, accounting for potential failures resulting in frustration of expectations of constituencies and/or abuse of power by representatives. While identifying structural distinctions between political accountability and legal responsibility, it was appropriate to bring forth the requirement of legal violation in classical Athenian precedents (eisangeliai). In the end, this analysis goes over historical mutations of the impeachment mechanism: a) establishment of procedural parameters (British first cases); b) inceptive prerequisite of legal violation (Stuart period); c) attemptable specification of appropriate legal hypotheses (US); d) constitutional provision of precise categories of legal violation (Brazil).","PeriodicalId":38000,"journal":{"name":"Global Journal of Comparative Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-07-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48482665","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

Standard of Review in Indirect Expropriation: Reconciling the Effect Rule with the Doctrine of Intent 间接征收的审查标准：效果规则与意图原则的协调

Global Journal of Comparative Law Pub Date : 2022-03-23 DOI: 10.1163/2211906x-11010002

C. Ajibo, Chikodili O. Oguejiofor, Chidi C. Egbom, Gloria I. Onyia, Iwu Victor E. Okwulehie, Adaeze J. Nkokelonye

引用次数: 0

Gustavo Moser, Rethinking Choice of Law in Cross-Border Sales Gustavo Moser：对跨境销售法律选择的再思考

Global Journal of Comparative Law Pub Date : 2022-03-23 DOI: 10.1163/2211906x-11010006

F. Gélinas, L. Crépeau

引用次数: 0

Map and Territory in Comparative Law and Economics 比较法与经济学中的地图与疆域

Global Journal of Comparative Law Pub Date : 2022-03-23 DOI: 10.1163/2211906x-11010001

Ernesto Vargas Weil

引用次数: 0

Public–Private Partnership: A Legislative Model from the State of Qatar 公私伙伴关系:卡塔尔的立法模式

Global Journal of Comparative Law Pub Date : 2022-03-23 DOI: 10.1163/2211906x-11010004

Mohamed Y. Mattar, Thani Al-Thani, Fouzi Belknani, Abdullah Abdullah, Faten Hawa

{"title":"Public–Private Partnership: A Legislative Model from the State of Qatar","authors":"Mohamed Y. Mattar, Thani Al-Thani, Fouzi Belknani, Abdullah Abdullah, Faten Hawa","doi":"10.1163/2211906x-11010004","DOIUrl":"https://doi.org/10.1163/2211906x-11010004","url":null,"abstract":"\u0000 The State of Qatar has recently witnessed a massive legislative movement designed to encourage foreign investment and enhance private sector participation in the economy, especially in trade and investment. This article addresses one of the most important enactments in this regard; Law No. 12 of 2020 on economic Partnership between the Government Sector and the Private Sector (hereinafter referred to as the ppp Law or Law N. 12 of 2020). The law encourages the expansive role of the private sector and provides for several incentives and guarantees. The law also designs rules of partnership that follow principles of transparency and good governance. This article focuses on international standards embodied in the uncitral model legislative provisions on public-private partnership and its legislative guide, especially public interest, stability and sustainability, restricted contractual freedom, contractual balance and risk transfer, legitimate and fair competition, transparency and integrity, equality and equal opportunities, the right to compensation, methods of dispute settlement and legislative integration.","PeriodicalId":38000,"journal":{"name":"Global Journal of Comparative Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-03-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43815354","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

Proportional Representation in Lebanese Cabinets: An Unconstitutional Confessional Hierarchy? 黎巴嫩内阁中的比例代表制：违宪的忏悔等级制度？

Global Journal of Comparative Law Pub Date : 2022-03-23 DOI: 10.1163/2211906x-11010005

Sammy Badran

{"title":"Proportional Representation in Lebanese Cabinets: An Unconstitutional Confessional Hierarchy?","authors":"Sammy Badran","doi":"10.1163/2211906x-11010005","DOIUrl":"https://doi.org/10.1163/2211906x-11010005","url":null,"abstract":"\u0000 The confessional power-sharing mentality that governs the functioning of the Lebanese State apparatus has succeeded in imposing, over the years, many unwavering practices relating to the appointment of senior public officers. At the level of executive power, these confessional ‘constitutional conventions’ exacerbate the inequality between the different religious sects, where a de facto monopolisation within the so-called ‘Sovereign Ministries’ continues to be seen, ever since the Taif Agreement and reinforced by the Doha Accord. Furthermore, Lebanese parliamentary blocs fight to obtain ‘service ministries’, which are often an integral part of the machinery of clientelism, for the purpose of providing more ‘favours’ to their political clients. In fact, the political representation of the different religious confessions within the state institutions of deeply divided societies such as Lebanon, is ensured and guaranteed by the adoption of the principle of political proportionality. Following this logic, preserving the religious balance within the Lebanese Cabinet is one of the key prerequisites of the political system’s stability, which is essential to the functioning of the Council of Ministers. Prerogatives of the executive power are no longer concentrated in the hands of a single person belonging to a given religious confession, but are exercised through a collegial cabinet, which includes the main various Lebanese communities. Nevertheless, this proportionality, which sought a better representation of the religious segments, is mitigated by a hierarchy within the cabinet due to several unconstitutional practices.","PeriodicalId":38000,"journal":{"name":"Global Journal of Comparative Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-03-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44251401","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

Peter Roberts, A Practical Guide to Upstream Petroleum Granting Instruments Peter Roberts，上游石油授予工具实用指南

Global Journal of Comparative Law Pub Date : 2022-03-23 DOI: 10.1163/2211906x-11010007

Mostapha al-Masry

引用次数: 0

Tobias Hagmann and Filip Reyntjens (Eds.), Aid and Authoritarianism in Africa: Development without Democracy Tobias Hagmann和Filip Reyntjens（编辑），《非洲的援助和威权主义：没有民主的发展》

Global Journal of Comparative Law Pub Date : 2022-03-23 DOI: 10.1163/2211906x-11010008

F. Botchway

引用次数: 0

Protecting Intellectual Property Rights in the Context of Electronic Learning in Educational Institutions 教育机构电子学习背景下的知识产权保护

Global Journal of Comparative Law Pub Date : 2022-03-23 DOI: 10.1163/2211906x-11010003

Mohamed Sami AbdulSadek, Anas Faisal Al-Tourah

{"title":"Protecting Intellectual Property Rights in the Context of Electronic Learning in Educational Institutions","authors":"Mohamed Sami AbdulSadek, Anas Faisal Al-Tourah","doi":"10.1163/2211906x-11010003","DOIUrl":"https://doi.org/10.1163/2211906x-11010003","url":null,"abstract":"\u0000 In providing Electronic learning (hereinafter “E-learning”), educational institutions often deal with Intellectual Property Rights (hereinafter “ipr”) regulations, particularly copyright. The interaction between the E-learning and the ipr occurs in one of three possible scenarios: \u0000 \u0000 1.\u0000 The case where the educational institution owns an E-learning system. This takes place either when the institution develops the system internally, or by purchasing or licensing the ipr of an already developed system.\u0000 \u0000 \u0000 2.\u0000 Educational institutions legitimately use protected works for educational purposes, such as illustration, criticism or analysis and are thus not required to obtain permission from the developers for such purposes, as per the laws and regulations of ipr.\u0000 \u0000 \u0000 3.\u0000 Educational institutions infringe ipr by copying or using protected systems and making them available to students despite the first and second options.\u0000 \u0000 \u0000 This paper attempts to clarify the differences between these three methods and enlighten those involved in the management of educational institutions about what is lawful and what is not, when developing or using E-learning systems.","PeriodicalId":38000,"journal":{"name":"Global Journal of Comparative Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-03-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45708140","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 Legal Form of Financial Institutions as a Way to Protect the Rights of Financial Market Participants 金融机构法律形式对金融市场参与者权利的保护

Global Journal of Comparative Law Pub Date : 2021-06-25 DOI: 10.1163/2211906x-10010004

V. Borisova, I. Borisov, F. Karagussov

引用次数: 1