中国法学前沿最新文献

{"title":"Review Article: Global Governance in a Complex World","authors":"Cristiane Lucena Carneiro","doi":"10.6000/2817-2302.2023.02.12","DOIUrl":"https://doi.org/10.6000/2817-2302.2023.02.12","url":null,"abstract":"This essay reviews the literature on international regime complexity and international institutional complexity published in three high impact journals between 2009 and 2022. The analysis identifies conceptual ambiguities as it discusses the definitions of complexity proposed by the scholarship. The goal is to highlight indicators of complexity in international politics, with a focus on global governance. These indicators are observable, subject to measurement and comparison. Based on some of these indicators, the essay explores the relationship between complexity and compliance -- or to what extent states implement the legal commitments that they adopted internationally, in light of the literature. The essay makes an original contribution when it chronicles and organizes the scholarship on complexity in terms of agency, scope, and effectiveness. It also analyses the presence and levels of a hierarchical relationship amongst the elements that make up a complex regime or institution. The Scholarship reviewed here constitutes essential reading for any researcher that is interested in global governance, international law, and compliance.","PeriodicalId":41655,"journal":{"name":"中国法学前沿","volume":"10 14","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135138087","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Principle of Choice of Customs Procedure in EU Customs Traffic","authors":"Ewa Gwardzińska, Żaneta Gwardzińska-Chowaniec, Jakub Chowaniec","doi":"10.6000/2817-2302.2023.02.13","DOIUrl":"https://doi.org/10.6000/2817-2302.2023.02.13","url":null,"abstract":"The research topic of the article focuses on the analysis of the principle of choosing a customs procedure in EU customs trade, which is of a normative nature. It is also the basic method of dealing with goods. In addition to the general legal principles constituting this principle, the article discusses the principle of freedom of trade in goods abroad; the principle of equal treatment of entities; the principle of equal treatment of goods; the principle of universality of customs duties and customs fees; the principle of universal access to information on customs law; the principle of non-revokability of the customs declaration. The conditions for export and import customs procedures were also discussed.","PeriodicalId":41655,"journal":{"name":"中国法学前沿","volume":"106 26","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135136529","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Mandate for Women on Boards: Is it Enough?","authors":"Sanchli Sethi","doi":"10.6000/2817-2302.2023.02.11","DOIUrl":"https://doi.org/10.6000/2817-2302.2023.02.11","url":null,"abstract":"The Companies Act, 2013, mandates the appointment of at least one woman on the board of directors of a company. While it does not mention whether she should be an independent director or not, the legislation creates a reservation based on sex. The paper examines whether and why such a mandate is needed for companies to be gender diverse. It highlights certain problems with the current legislation and provide rectifying measures for the same.","PeriodicalId":41655,"journal":{"name":"中国法学前沿","volume":"3 3","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134908734","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Portuguese law on Surrogacy – Promises and Perils","authors":"Marisa Almeida Araújo","doi":"10.6000/2817-2302.2023.02.10","DOIUrl":"https://doi.org/10.6000/2817-2302.2023.02.10","url":null,"abstract":"After years of intense debate, on August 22, 2016 the Portuguese Assisted Reproductive Technologies (ART) Law was altered, and altruistic gestational surrogacy was made legal in Portugal. Although the journey has not been easy since then. The Portuguese Constitutional Court was called twice (in 2018 and 2019) to analyse the legal provisions of the surrogacy legal regime. The judges concluded that altruistic surrogacy was not in violation of the Portuguese Constitution, although the legal solution, and later amendment, was, in some of its provisions, unconstitutional. The judges found that the law needed to guarantee the right of the surrogate to regret the arrangement after the child was born. Considering the rulings of the Constitutional Court, surrogacy contracts in Portugal are not enforceable and the surrogate can, after the child is born, revoke her consent and become the legal mother of the child. The Parliament altered the Law accordingly in 2021, although, for the time being, it is still to be regulated.
 Using qualitative methods, including legal, and bioethical analyses and a review of literature, this paper introduces an overview of the Portuguese legal solution on surrogacy and discusses, in particular, the right to regret of the surrogate after the child is born. The conclusion is that the Portuguese law on surrogacy does not yet have a clear and needed position about who are, in fact, the parents or mother(s) of the child in contested surrogacy contracts if the surrogate regrets the arrangement and revokes her consent after the child is born.","PeriodicalId":41655,"journal":{"name":"中国法学前沿","volume":"121 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135141691","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Understanding the Nitty-Gritty of Up-to-Date of Pakistan’s Customs Act, 1969","authors":"Naveed-ul-Haq Naveed-ul-Haq","doi":"10.6000/2817-2302.2023.02.09","DOIUrl":"https://doi.org/10.6000/2817-2302.2023.02.09","url":null,"abstract":"Pakistan’s Customs Act, 1969 was enacted consolidating and amending the various laws on Customs. There are mainly six methods of valuation of goods including transaction value method, identical goods method, similar goods method, deductive methods, computed method and fall back method. Under Section 79 of the Act, Goods Declaration is filed duly supported by various documents for assessment of leviable duty and taxes. In case of misdeclaration, untrue statement or error etc. section 32 comes into play. Search Warrant is to be obtained by the Gazetted Officer of Customs from the Judicial Magistrate to recover the secreted goods under Section 162 of the Act, Seizure of things liable to confiscation is made under Section 168 of the Act. Section 156 provides the scope of offence(s), nature of breach and penalty thereof. Section 187 of the Act fixes initial burden of proof upon the person involved, which may be rebutted by the Customs authorities. The purpose of adjudication includes confiscation of goods, recovery of duty and other taxes not levied or short levied, recovery of erroneously refunded amount and imposition of fine. An option to fine in lieu of confiscation of goods can be given under Section 181 of the Act. The pecuniary power of adjudication is provided under Section 179 of the Act, whereas there are Appellate forums available in the form of Collector Appeals, Customs Appellate Tribunal and High Court. In addition to this, another mechanism under Alternate Dispute Resolution (ADR) is available under Section 195-C of the Act. In case of commission of cognizable offence, a FIR is lodged and a Special Judge takes cognizance of the offence(s) under the Code of Criminal Procedure, 1989. An appeal or Revision can be filed before the Court having the Powers High Court. The main challenge before the Customs is determination of value of goods paid or payable in relation to the item being valued. In case inaccurate value, either it is the business class who suffers or the state’s fiscal interests are jeopardized on account of lack of requisite capacity of the Customs Officer to successfully address the issue of value of goods and pass the buck onto the importer for charging misdeclaration and a lengthy process of adjudication is initiated against the importer and exporter as well as Clearing Agent as this value holds good for the imposition of Sales Tax, Income Tax and Federal Excise duty.","PeriodicalId":41655,"journal":{"name":"中国法学前沿","volume":"11 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-08-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82055060","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Current Legal Problems in Interpreting International Civil Aviation Law","authors":"R. Abeyratne","doi":"10.6000/2817-2302.2023.02.08","DOIUrl":"https://doi.org/10.6000/2817-2302.2023.02.08","url":null,"abstract":"The progress of international civil aviation law is anchored on two main sources: The Convention on International Civil Aviation (Chicago Convention); and Resolutions adopted by the Assembly of the International Civil Aviation Organization (ICAO). These two sources give rise to subsidiary guidance in the form of Annexes to the Convention and manuals on various subjects that address international civil aviation. However, there is no cohesive link between the two sources as well as there being no formal recognition by ICAO of the legal status of Assembly Resolutions, although such resolutions are adopted at each ICAO Assembly with monotonous regularity. Added to this conundrum is the lack of clarity in the interpretation of the Convention itself, which empowers the Council of ICAO to adopt Annexes to the Convention (which, according to the Convention are so named for convenience) while at the same time taking away any legal obligation of the member States to adhere to the Standards contained in the Annexes. This article discusses the nature of international civil aviation law against the backdrop of treaty law and examines the legal issues that arise from the interpretation of the Chicago Convention and Resolutions adopted by the ICAO Assembly.","PeriodicalId":41655,"journal":{"name":"中国法学前沿","volume":"7 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-07-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91237631","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Pathology of the Inventive Step Requirement in the Patent Law with a Look at Iranian Law","authors":"H. Najafi","doi":"10.6000/2817-2302.2023.02.05","DOIUrl":"https://doi.org/10.6000/2817-2302.2023.02.05","url":null,"abstract":"The of the inventive step requirement, which apparently guarantees the growth of innovation and pursues industrial and economic development, despite enjoying some benefits, has always faced challenges, and in some cases such challenges are in conflict with the basis of the patent system, and it shows that the patent system is not always socially useful. The analysis of the mentioned challenges is mainly based on the economic principles and assessment tools of the requirement, i.e., examiners and person having ordinary skill in the art. Iran's patent system can also be criticized in terms of legislation and implementation and needs to be reformed. In this article, we intend to first examine the economic pathology regarding the assessment of the inventive step requirement in the patent system, then present the appropriate criterion that is similar to the copyright system, and explain the necessary suggestions.","PeriodicalId":41655,"journal":{"name":"中国法学前沿","volume":"58 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-05-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90994451","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Violation of Human Rights and Enforced Disappearance in Bosnia and Herzegovina","authors":"Meldijana Arnaut Haseljić","doi":"10.6000/2817-2302.2023.02.06","DOIUrl":"https://doi.org/10.6000/2817-2302.2023.02.06","url":null,"abstract":"Every armed conflict outcome in a violation of fundamental human rights and freedoms. In areas where war conflicts are taking place, certain forms of crimes that are most often committed against civilians and other categories protected by international (humanitarian) law occur as an inevitable consequence. Thus, in the territory of Bosnia and Herzegovina in the war that took place in the period 1992-1995. committed numerous war crimes, and crimes against the peace and security of mankind. These crimes were committed against civilians and protected categories of the population, primarily prisoners of war. The issue of protection of human rights in Bosnia and Herzegovina is inevitably connected with the consideration of the consequences resulting from the armed aggression carried out at the end of the twentieth century. One form of crime that is particularly specific to Bosnia and Herzegovina is the crime of enforced disappearance. Enforced disappearances in Bosnia and Herzegovina are most often associated with the out-of-court detention of persons whose fate becomes unknown upon expulsion from their homes or stays in camps and other places of detention. This form of crime is especially significant because its consequences still last, even though 25 to 30 years have passed since its commission. Namely, the total number of registered forcibly missing persons in Bosnia and Herzegovina is 34,965. About 8,000 more people are wanted. Many families have not yet exercised their basic humanitarian right to know the truth about the fate of their family members. The bodies or remains of forcibly missing persons are most often found in unmarked individual or mass graves of a hidden locality. There are a numerous of forcibly missing persons who are still being searched for, and this is precisely the reason why studying the enforced disappearances of persons and considering the consequences of this committed crime is of special social interest. It is especially important to provide legal protection to families whose members were forcibly disappeared during the war and whose bodies or remains have not been found to date. The humane character of this issue must not be overlooked. It is important to find new possibilities in the search for forcibly missing persons, bearing in mind the fact that the passage of time and the biological processes that take place make it difficult to perform this task. Particular attention should be paid to the fact that witnesses or perpetrators of crimes who can provide adequate information end their lives. The truth about hidden bodies thus remains inaccessible. International bilateral agreements involving stakeholders represent one of the new possibilities in resolving issues related to enforced disappearances.","PeriodicalId":41655,"journal":{"name":"中国法学前沿","volume":"202 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-05-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90469128","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Are all Sex Criminals the Same? Consumers of Child Pornography Reconsidered","authors":"Reuben Vaisman-Tzachor","doi":"10.6000/2817-2302.2023.02.07","DOIUrl":"https://doi.org/10.6000/2817-2302.2023.02.07","url":null,"abstract":"A theoretical and practical distinction is drawn between sex offenders and consumers of child pornography on the bases of their unique and different psychological makeups and motives to offend. Distinct psychological profiles have been revealed in clinical practice and in research between “active” sex offenders (e.g., sexual assault, sexual abuse, molestation, active pedophiles, etc.) and “passive” sex offenders (i.e., those prosecuted for consumption of child pornography). Recommendations are made for legislation changes and development of treatment approaches, based on these differences.","PeriodicalId":41655,"journal":{"name":"中国法学前沿","volume":"20 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-05-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78580594","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Role of Islamic Law in Enriching the Decisions of the Indonesian Constitutional Court","authors":"Z. Aditya, Abdulloh Fuadi, Rizkisyabana Yulistyaputri","doi":"10.6000/2817-2302.2023.02.04","DOIUrl":"https://doi.org/10.6000/2817-2302.2023.02.04","url":null,"abstract":"This article discusses the role of Islamic Law in enriching legal considerations of constitutional court decisions. As one of the recognized laws in Indonesia, it turns out that Islamic Law has an essential role in the development of national law, including the Constitutional Court decision. It was proven by the existence of 20 decisions by the Constitutional Court on judicial review of laws with Islamic Law. However, of the 20 decisions, there were only six decisions in which the Constitutional Court used Islamic Law as the basis for its consideration. In this article, we will discuss several things, namely the construction of Islamic Law and the development of positive law in Indonesia. Meanwhile, the penultimate part argues that efforts to legal positivism in Indonesia have been going on for a long time. Before conclusion, the last part believes that in fact, there are nuances of Islamic theory or Islamic Law used by the Constitutional Court judges in several decisions of the Constitutional Court.","PeriodicalId":41655,"journal":{"name":"中国法学前沿","volume":"29 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88631305","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}