Subjects -> LAW (Total: 1397 journals)
    - CIVIL LAW (30 journals)
    - CONSTITUTIONAL LAW (52 journals)
    - CORPORATE LAW (65 journals)
    - CRIMINAL LAW (28 journals)
    - CRIMINOLOGY AND LAW ENFORCEMENT (161 journals)
    - FAMILY AND MATRIMONIAL LAW (23 journals)
    - INTERNATIONAL LAW (161 journals)
    - JUDICIAL SYSTEMS (23 journals)
    - LAW (843 journals)
    - LAW: GENERAL (11 journals)

LAW (843 journals)                  1 2 3 4 5 | Last

Showing 1 - 200 of 354 Journals sorted alphabetically
ABA Journal Magazine     Full-text available via subscription   (Followers: 16)
Acta Judicial     Open Access   (Followers: 2)
Acta Juridica     Full-text available via subscription   (Followers: 5)
Acta Politica     Hybrid Journal   (Followers: 19)
Acta Universitatis Danubius. Juridica     Open Access  
Acta Universitatis Lodziensis : Folia Iuridica     Open Access  
Actualidad Jurídica Ambiental     Open Access  
Adelaide Law Review     Full-text available via subscription   (Followers: 19)
Administrative Law Review     Open Access   (Followers: 37)
Aegean Review of the Law of the Sea and Maritime Law     Hybrid Journal   (Followers: 7)
African Journal of Legal Studies     Hybrid Journal   (Followers: 9)
African Journal on Conflict Resolution     Open Access   (Followers: 28)
Ahkam : Jurnal Hukum Islam     Open Access  
Ahkam : Jurnal Ilmu Syariah     Open Access   (Followers: 1)
Air and Space Law     Full-text available via subscription   (Followers: 19)
Akron Law Review     Open Access   (Followers: 4)
Al 'Adalah : Jurnal Hukum Islam     Open Access  
AL Rafidain law journal     Open Access  
Al-Ahkam     Open Access  
Al-Istinbath : Jurnal Hukum Islam     Open Access  
Alaska Law Review     Open Access   (Followers: 9)
Alberta Law Review     Open Access   (Followers: 13)
Alternative Law Journal     Hybrid Journal   (Followers: 8)
Alternatives : Global, Local, Political     Hybrid Journal   (Followers: 10)
Amazon's Research and Environmental Law     Open Access   (Followers: 2)
American Journal of Comparative Law     Full-text available via subscription   (Followers: 60)
American Journal of Jurisprudence     Hybrid Journal   (Followers: 19)
American Journal of Law & Medicine     Full-text available via subscription   (Followers: 10)
American Journal of Legal History     Full-text available via subscription   (Followers: 10)
American Journal of Trial Advocacy     Full-text available via subscription   (Followers: 6)
American University Law Review     Open Access   (Followers: 13)
American University National Security Law Brief     Open Access   (Followers: 6)
Amicus Curiae     Open Access   (Followers: 5)
Anales : Facultad de Ciencias Jurídicas y Sociales de la Universidad Nacional de La Plata     Open Access  
Anales de la Cátedra Francisco Suárez     Open Access  
Annales Canonici     Open Access  
Annales de droit     Open Access  
Annales de la Faculté de Droit d’Istanbul     Open Access  
Annales Universitatis Mariae Curie-Skłodowska, sectio G (Ius)     Open Access  
Annals of the Faculty of Law in Belgrade - Belgrade Law Review     Open Access  
Anuario da Facultade de Dereito da Universidade da Coruña     Open Access  
Anuario de la Facultad de Derecho : Universidad de Extremadura (AFDUE)     Open Access  
Anuario de Psicología Jurídica     Open Access   (Followers: 1)
ANZSLA Commentator, The     Full-text available via subscription   (Followers: 3)
Appeal : Review of Current Law and Law Reform     Open Access   (Followers: 1)
Arbeidsrett     Full-text available via subscription  
Arbitration Law Monthly     Full-text available via subscription   (Followers: 4)
Arbitration Law Reports and Review     Hybrid Journal   (Followers: 12)
Arctic Review on Law and Politics     Open Access   (Followers: 1)
Argumenta Journal Law     Open Access  
Arizona Law Review     Open Access   (Followers: 5)
Arizona State Law Journal     Free   (Followers: 2)
Arkansas Law Review     Free   (Followers: 4)
Ars Aequi Maandblad     Full-text available via subscription   (Followers: 4)
Art + Law     Full-text available via subscription   (Followers: 11)
Artificial Intelligence and Law     Hybrid Journal   (Followers: 14)
ASAS : Jurnal Hukum dan Ekonomi Islam     Open Access   (Followers: 1)
Asia Pacific Law Review     Open Access   (Followers: 1)
Asia-Pacific Journal of Ocean Law and Policy     Hybrid Journal   (Followers: 2)
Asian American Law Journal     Open Access   (Followers: 2)
Asian Journal of Law and Society     Hybrid Journal   (Followers: 9)
Asian Journal of Legal Education     Full-text available via subscription   (Followers: 3)
Asian Pacific American Law Journal     Open Access   (Followers: 3)
AStA Wirtschafts- und Sozialstatistisches Archiv     Hybrid Journal   (Followers: 3)
Asy-Syir'ah : Jurnal Ilmu Syari'ah dan Hukum     Open Access  
Australasian Law Management Journal     Full-text available via subscription   (Followers: 3)
Australian and New Zealand Sports Law Journal     Full-text available via subscription   (Followers: 7)
Australian Feminist Law Journal     Hybrid Journal   (Followers: 10)
Australian Indigenous Law Review     Full-text available via subscription   (Followers: 20)
Australian Journal of Legal History     Full-text available via subscription   (Followers: 16)
Australian Year Book of International Law Online     Hybrid Journal  
Ballot     Open Access  
Baltic Journal of Law & Politics     Open Access   (Followers: 5)
Bar News: The Journal of the NSW Bar Association     Full-text available via subscription   (Followers: 7)
Behavioral Sciences & the Law     Hybrid Journal   (Followers: 29)
Beijing Law Review     Open Access   (Followers: 4)
Berkeley Journal of Entertainment and Sports Law     Open Access   (Followers: 5)
Berkeley Technology Law Journal     Free   (Followers: 15)
BestuuR     Open Access  
Bioderecho.es     Open Access  
Bioethics Research Notes     Full-text available via subscription   (Followers: 15)
Boletín de la Asociación Internacional de Derecho Cooperativo     Open Access  
Bond Law Review     Open Access   (Followers: 17)
Boston College Journal of Law & Social Justice     Open Access   (Followers: 11)
Boston College Law Review     Open Access   (Followers: 15)
Boston University Law Review     Free   (Followers: 11)
Bratislava Law Review     Open Access  
BRICS Law Journal     Open Access   (Followers: 1)
Brigham Young University Journal of Public Law     Open Access   (Followers: 6)
Brill Research Perspectives in Comparative Discrimination Law     Full-text available via subscription  
Brill Research Perspectives in International Investment Law and Arbitration     Full-text available via subscription   (Followers: 3)
British Journal of American Legal Studies     Open Access   (Followers: 1)
Brooklyn Law Review     Open Access   (Followers: 4)
Bulletin of Medieval Canon Law     Full-text available via subscription   (Followers: 3)
Bulletin of Yaroslav Mudryi NLU : Series : Philosophy, philosophy of law, political science, sociology     Open Access  
Business and Human Rights Journal     Full-text available via subscription   (Followers: 5)
C@hiers du CRHIDI     Open Access  
Cadernos de Dereito Actual     Open Access  
Cahiers de la Recherche sur les Droits Fondamentaux     Open Access  
Cahiers Droit, Sciences & Technologies     Open Access   (Followers: 1)
California Law Review     Open Access   (Followers: 22)
California Western Law Review     Open Access   (Followers: 3)
Cambridge Law Journal     Hybrid Journal   (Followers: 127)
Cambridge Yearbook of European Legal Studies     Hybrid Journal   (Followers: 4)
Campus Legal Advisor     Hybrid Journal   (Followers: 2)
Canadian Journal of Law & Jurisprudence     Full-text available via subscription   (Followers: 10)
Canadian Journal of Law and Society     Hybrid Journal   (Followers: 23)
Canadian Journal of Law and Technology     Open Access   (Followers: 1)
Case Western Reserve Law Review     Open Access   (Followers: 2)
Časopis pro právní vědu a praxi     Open Access  
Catalyst : A Social Justice Forum     Open Access   (Followers: 10)
Católica Law Review     Open Access  
Chicana/o-Latina/o Law Review     Open Access   (Followers: 2)
China : An International Journal     Full-text available via subscription   (Followers: 20)
China Law and Society Review     Full-text available via subscription  
China-EU Law Journal     Hybrid Journal   (Followers: 5)
Chinese Journal of Comparative Law     Hybrid Journal   (Followers: 7)
Chinese Journal of Environmental Law     Hybrid Journal  
Chinese Law & Government     Full-text available via subscription   (Followers: 8)
Chulalongkorn Law Journal     Open Access  
Cleveland State Law Review     Free   (Followers: 2)
Clínica Jurídica per la Justícia Social : Informes     Open Access  
College Athletics and The Law     Hybrid Journal   (Followers: 1)
Colombia Forense     Open Access  
Columbia Journal of Environmental Law     Open Access   (Followers: 12)
Columbia Journal of Gender and Law     Open Access   (Followers: 1)
Columbia Journal of Law & the Arts     Open Access   (Followers: 2)
Columbia Journal of Law and Social Problems     Full-text available via subscription   (Followers: 15)
Columbia Journal of Race and Law     Open Access  
Columbia Journal of Tax Law     Open Access  
Columbia Law Review (Sidebar)     Open Access   (Followers: 22)
Commercial Law Quarterly: The Journal of the Commercial Law Association of Australia     Full-text available via subscription   (Followers: 4)
Comparative Law Review     Open Access   (Followers: 45)
Comparative Legal History     Hybrid Journal   (Followers: 8)
Comparative Legilinguistics     Open Access   (Followers: 1)
Con-texto     Open Access  
Conflict Resolution Quarterly     Hybrid Journal   (Followers: 42)
Cornell Law Review     Open Access   (Followers: 14)
Corporate Law & Governance Review     Hybrid Journal  
Critical Analysis of Law : An International & Interdisciplinary Law Review     Open Access   (Followers: 6)
Cuadernos de Historia del Derecho     Open Access   (Followers: 6)
Cuestiones Juridicas     Open Access   (Followers: 2)
Current Legal Problems     Hybrid Journal   (Followers: 25)
Danube     Open Access   (Followers: 3)
De Europa     Open Access  
De Jure     Open Access   (Followers: 1)
Deakin Law Review     Full-text available via subscription   (Followers: 14)
Debater a Europa     Open Access  
Democrazia e diritto     Full-text available via subscription   (Followers: 2)
Denning Law Journal     Open Access   (Followers: 5)
DePaul Journal of Women, Gender and the Law     Open Access   (Followers: 3)
DePaul Law Review     Open Access   (Followers: 2)
Derecho Animal. Forum of Animal Law Studies     Open Access   (Followers: 1)
Derecho PUCP     Open Access   (Followers: 1)
Derecho y Ciencias Sociales     Open Access   (Followers: 1)
Derechos en Acción     Open Access  
Dereito : Revista Xurídica da Universidade de Santiago de Compostela     Full-text available via subscription  
Deusto Journal of Human Rights     Open Access   (Followers: 2)
DiH : Jurnal Ilmu Hukum     Open Access  
Dikaion     Open Access   (Followers: 1)
Dike     Open Access  
Dikê : Revista de Investigación en Derecho, Criminología y Consultoría Jurídica     Open Access  
Diké : Revista Jurídica     Open Access  
Direito e Desenvolvimento     Open Access   (Followers: 1)
Direito.UnB : Revista de Direito da Universidade de Brasília     Open Access  
Dixi     Open Access  
DLR Online     Open Access   (Followers: 1)
Doxa : Cuadernos de Filosofía del Derecho     Open Access  
Droit et Cultures     Open Access   (Followers: 7)
Droit, Déontologie & Soin     Full-text available via subscription   (Followers: 1)
Drug Science, Policy and Law     Full-text available via subscription   (Followers: 4)
Duke Environmental Law & Policy Forum     Open Access   (Followers: 7)
Duke Journal of Gender Law & Policy     Open Access   (Followers: 19)
Duke Law & Technology Review     Open Access   (Followers: 11)
Duke Law Journal     Open Access   (Followers: 29)
e-Pública : Revista Eletrónica de Direito Público     Open Access  
Economics and Law     Open Access   (Followers: 3)
Edinburgh Law Review     Hybrid Journal   (Followers: 20)
Education and the Law     Hybrid Journal   (Followers: 16)
Election Law Journal     Hybrid Journal   (Followers: 18)
Environmental Justice     Hybrid Journal   (Followers: 12)
Environmental Law Review     Full-text available via subscription   (Followers: 23)
Environmental Policy and Law     Hybrid Journal   (Followers: 16)
ERA-Forum     Hybrid Journal   (Followers: 5)
Erasmus Law Review     Open Access  
Erdélyi Jogélet     Open Access   (Followers: 5)
Espaço Jurídico : Journal of Law     Open Access   (Followers: 1)
Estudios de Derecho     Open Access  
Ethnopolitics     Hybrid Journal   (Followers: 3)
Ethos: Official Publication of the Law Society of the Australian Capital Territory     Full-text available via subscription   (Followers: 5)
EU Agrarian Law     Open Access   (Followers: 4)
European Convention on Human Rights Law Review     Hybrid Journal   (Followers: 5)
European Energy and Environmental Law Review     Full-text available via subscription   (Followers: 14)
European Investment Law and Arbitration Review Online     Full-text available via subscription   (Followers: 1)
European Journal of Comparative Law and Governance     Hybrid Journal   (Followers: 11)
European Journal of Law and Technology     Open Access   (Followers: 18)
European Law Journal     Hybrid Journal   (Followers: 136)
European Public Law     Full-text available via subscription   (Followers: 44)
European Review of Private Law     Full-text available via subscription   (Followers: 37)
European Yearbook of Minority Issues Online     Hybrid Journal   (Followers: 5)

        1 2 3 4 5 | Last

Similar Journals
Journal Cover
Comparative Law Review
Number of Followers: 45  

  This is an Open Access Journal Open Access journal
ISSN (Print) 0866-9449 - ISSN (Online) 2038-8993
Published by UMK Homepage  [22 journals]
  • The Defects of Nigeria’s Secured Transactions in Movable Assets Act 2017
           and Their Potential Repercussions on Access to Credit: a Comparative
           Analysis and Lessons from the Anglo-American Law

    • Authors: Williams Chima Iheme
      Abstract: It has been sufficiently established in law and finance literature that an effective legal framework that governs non-possessory security transactions is a key component in the realization of financial inclusion and affordable access to credit in market economies. Recently, the Nigerian lawmakers enacted the Secured Transactions in Movable Assets Act 2017 (STMA), which was modelled after the United States’ Article 9 of the Uniform Commercial Code (UCC Article 9) and its unitary-functional approach to security interests. Arguably, some of the STMA’s provisions are defective: they do not reflect the local conditions in Nigeria and are likely to frustrate its section 1 aim of broadening access to credit for individuals and small businesses. The STMA recognizes registration
      as the main method of perfection: yet there are multiple but unlinked movable collateral
      registries in Nigeria which ultimately constitute a breeding ground for secret liens. This
      article argues that the relegation of other perfection methods, such as ‘possession’ and
      ‘control’, will diminish the economic success of the reformed law. It calls for a reconsideration of the rules governing publicity and the perfection of security interests under the
      STMA with insights and lessons from the UCC Article 9 and its underlying case law.
      PubDate: Wed, 22 Dec 2021 00:00:00 +010
       
  • Better to Explain or to Testify' The Position of the Accused as a
           Source of Oral Evidence in a Criminal Trial in a Comparative Perspective

    • Authors: Hanna Kuczyńska
      Abstract: In this article the position of the accused as a source of personal evidence in three different European legal systems: Poland, Germany, and England, will be presented. This analysis will be oriented to understand the way of functioning of the two different models of giving statements of fact by the accused at a criminal trial. The main difference is that in the common law model of criminal trial the accused may only present evidence by testifying as a witness speaking about what happened, whereas in the continental model the accused gives a specific personal type of evidence (that in the Anglo-Saxon literature is rather described as “oral evidence”) that is known as explanations. From this differentiation several consequences arise: among others, the possibility of presenting untruthful explanations and presenting many versions of events in the continental model which have to be assessed by the judges. At the same time, the same right of the accused to silence and not to give incriminating evidence applies in both models of criminal trial – however, in two different shapes and with different types of limitations.
      PubDate: Wed, 22 Dec 2021 00:00:00 +010
       
  • Some Brief Remarks on the Controversial Relationship Between the Judiciary
           and Politics in Italy

    • Authors: Gabriella Mangione
      Abstract: The relationship between the judiciary and the political sphere and the dilemma over whether the judiciary has been a victim of politics, or whether politics has been a victim of the judiciary, have been hot topics for some time in Italy. Since a major scandal engulfed the High Council of the Judiciary, the courts have become the principal focus of the reform efforts of the Draghi Government, which took office in February 2021. The contribution briefly illustrates the figure of the Judicial Power within the Division of Powers and the evolution of the judge’s role within this system. Following a brief premise on the evolution of the role of judges during the last two centuries, the principle of the independence of the judiciary in the Italian Constitution will be outlined before final comments on the controversial relationship between the judiciary and politics.
      PubDate: Wed, 22 Dec 2021 00:00:00 +010
       
  • Herein Lies the Rub with Comparative Law Research – From an American
           Perspective

    • Authors: Emily Roscoe; Charles Szypszak
      Abstract: The legal community in the United States has good reasons to be interested in the laws of other nations, but there are real barriers to finding and understanding comparative law. This article describes important differences in how law is envisioned in the United States: the pre-eminence of the adopted Constitution as the ultimate statement of rights and government powers, the interpretive role of judges in a unique federalist system, and the importance of case law in learning and talking about the law. This article also describes overarching obstacles that interfere with finding and reading comparative law: the influence of language and culture on formulating and carrying out research enquiries, and the increasingly bewildering array of interferences in accessing law authority and scholarship even when its existence is known.
      PubDate: Wed, 22 Dec 2021 00:00:00 +010
       
  • Criminal Disinformation in Relation to the Freedom of Expression in
           Indonesia: A Critical Study

    • Authors: Vidya Prahassacitta; Harkristuti Harkrisnowo
      Abstract: In a democratic society, the criminalisation of spreading disinformation is deemed a violation of freedom of expression. The development of information and communication technology, specifically the Internet, has changed people's perceptions of both disinformation and freedom of expression. This research critically analyses criminal law intervention against disinformation and freedom of expression in Indonesia. The research is document research using a comparative approach that analyses laws and regulations on disinformation in Indonesia, Germany, and Singapore. For Indonesian law, this research focuses on the provision of Articles 14 and 15 of Law No. 1/1946, which criminalises disinformation in the public sphere. This research shows that Indonesia needs a new approach regarding the criminal prohibition of spreading disinformation. It recommends that criminal law intervention is limited only to disinformation that is spread on a massive scale and causes significant harm.
      PubDate: Wed, 22 Dec 2021 00:00:00 +010
       
  • Should Corporate Social Responsibility Around The World be Mandatory or
           Voluntary'

    • Authors: Mohammad Alwasmi; Ahmad Alderbas
      Abstract: Corporate social responsibility (CSR) is an idea that has grown during the last three decades from the voluntary activity of business firms into a debate about whether CSR should be mandated by law because of the increased demand from society. Further, it has been argued that business corporations are owned by their shareholders, and the managers must concentrate on maximizing the wealth of their shareholders and not of the community. To determine how better to apply CSR, this paper begins with looking at the evolution of CSR as a system around the world and then discusses the definition of CSR. In addition, this paper explores the advantages and disadvantages of implementing voluntary CSR and then explores mandatory CSR. Moreover, in this paper, it is found that determining the proper CSR system depends on many factors in each country, such as the social, economic and legal factors that should be examined before applying mandatory or voluntary CSR.
      PubDate: Wed, 22 Dec 2021 00:00:00 +010
       
  • Public Law and Administration under Conditions of Hybrid Warfare (The
           Experience of Ukraine)

    • Authors: Taras Gurzhii; Anna Gurzhii, Adam Jakuszewicz
      Abstract: Events that took place in Ukraine in 2014 transparently demonstrated the maladjustment of the national legal and administrative system to the challenges of hybrid warfare in times of peace. Although it took into account the possibility of direct military threats, it proved not to be ready for withstanding unconventional pressure. This state of affairs significantly weakened the state’s ability to resist and led to a number of dramatic political miscalculations, organizational failures, and acute social problems. The subsequent update of the national public law and administrative system made it possible to improve the situation, but at the same time it revealed a number of pressing issues related to the need to strike a balance between the state’s commitment to ensure the protection of human rights and the necessity to protect national security. In this sense the experience of Ukraine is instructive for many countries of the world, especially for those that are the target of the geopolitical ambitions of the modern Russia. The paper discusses the public law of Ukraine in recent years with the view of highlighting some key problems of legal regulation, as well as identifying some promising ways to develop public administration so that it is capable of effectively coping with the threats of hybrid warfare.
      PubDate: Wed, 22 Dec 2021 00:00:00 +010
       
  • Regulation of Ordinary Partnership under Ethiopian Law: A Comparative
           Analysis of Selected Legal Issues with the French Civil Partnership and
           the Thai Ordinary Partnership Regimes

    • Authors: Israel Woldekidan Haileyesus
      Abstract: Civil/ordinary partnerships as non-commercial entities play a vital role as an alternative form of doing business in various jurisdictions. Though the issue of where they should be regulated is becoming nonsensical in recent times, it is wise to have a well-structured legal framework which regulates these entities. This article aims to conduct a comparative analysis of the regulation of Ethiopia’s ordinary partnership with the French civil code partnership and the Thai ordinary partnership only on issues of formation, transfer of share, management, liability of partners, dissolution of partnership, distribution of profit and loss, and expulsion of a partner. The comparative analysis shows that in many areas of regulation, the Ethiopian law has more commonalities with that of Thai ordinary partnership and French civil code partnership legal regimes. This article also finds that the Ethiopian law of ordinary partnership ought to be improved as regards the issues of the transfer of shares related to ascendants and descendants, on the distribution of profits and losses, on the role of partners in a dissolution of the partnership, and on the expulsion of a partner.
      PubDate: Wed, 22 Dec 2021 00:00:00 +010
       
  • The Application of the Doctrine of Res Judicata in the Context of the
           African Court on Human and Peoples’ Rights: Analysis of the Court’s
           Decisions in the Gombert and Dexter Cases

    • Authors: Ayyoub Jamali; Martin Faix
      Abstract: As part of an ongoing discussion on the proliferation of the human rights judicial mechanism, this article critically analyses and unpacks the only two examples where the African Court had to decide on the application of the doctrine of res judicata under Article 56(7) of the African Charter. The Court declared both applications inadmissible on the grounds of their previous settlements by the ECOWAS Court of Justice and the United Nations Human Rights Committee. The article demonstrates that while the Court’s decision in the Gombert case appears to be correct in principle, its finding in the Dexter case is highly questionable and unconvincing.
      PubDate: Wed, 22 Dec 2021 00:00:00 +010
       
  • Three Different Legal Attitudes Towards Non-Marital Cohabitation in Europe

    • Authors: Ewa Kabza
      Abstract: The rising number of people “just living together”, people who are neither married nor in registered partnerships, clearly demonstrates that non-marital unions can no longer be ignored. To obtain an accurate picture of the situation of non-marital partners it was essential to conduct comparative research of multiple legal orders. This analysis threw a new light (at least from the Polish standpoint) on possible solutions to the problem of the regulation of legal aspects of “living together”. It appears that three different legal attitudes towards non-marital cohabitation may be distinguished in Europe. Firstly, there are legal orders in which by virtue of an explicit reference by the legislator – the regulations on marriage are applied to cohabitation (quasi-marriage cohabitation). Secondly, there also exist countries in which a law was adopted regulating selected aspects of actual cohabitation (implied model of cohabitation). And thirdly, there are legal orders in which any cohabitant-oriented legal regime exists.
      PubDate: Wed, 22 Dec 2021 00:00:00 +010
       
  • Unloading the Judicial System in Kazakhstan' Alternative Ways of
           Resolving Individual Labour Disputes

    • Authors: Zhanna Amangeldinovna Khamzina; Yermek Buribayev, Kuralay Turlykhankyzy, Zhanar Moldakhmetova, Bakhytkali Koshpenbetov, Kalkayeva Nessibeli
      Abstract: The purpose of the study is to develop proposals for the modernization of the judicial form of protection of social and labour rights and interests of the individual. We are testing the hypothesis about the priority and universality of the judicial form of protection of rights in relation to other ways of applying for the restoration of violated labour interests; we assess access to justice as a criterion for the effectiveness of the judicial form of protection. The main method is a desk study of law enforcement practice, reports related to the functioning in Kazakhstan of a judicial form of protection of the social and labour rights of an individual, also the method of analysis of documents and statistical data of courts, a survey of examples of the best foreign practice in the work of specialized courts, and an analysis of international universal standards of access to justice in social and labour disputes.
      PubDate: Wed, 22 Dec 2021 00:00:00 +010
       
  • Indirect Taxation of Events Beyond the Control of the Taxpayer in Crucial
           Tax and Customs Judgements of the Court of Justice

    • Authors: Krzysztof Lasiński-Sulecki
      Abstract: Indirect taxes are shaped in such a way that the final customers bear their economic burden. The scope of taxation is usually delineated to cover all goods (and services) reaching the afore-mentioned final consumers. One may assume that the aim of a lawmaker is that goods (or services) supplied to the consumers should not remain untaxed. However, the intensity of pursuing this aim differs between VAT, excise duties, and customs duties. A scientific question that the rules outlined above bring about is whether it is acceptable – under the general principles of the European Union law perceived through a number of tax (customs) cases – to impose duties on a person or to deprive a taxpayer of rights owing to tax-relevant facts that have been entirely out of the control of this person or this taxpayer (customs debtor). Although the position of the Court of Justice towards this issue is not homogenous, the author of this article claims that situations that are wholly beyond the scope of control of a diligent person should not affect the tax (customs) situation to the detriment of such a person.
      PubDate: Wed, 22 Dec 2021 00:00:00 +010
       
  • Access to Internet as a Human Right – Justification and Comparative
           Study

    • Authors: Abhinav Mehrotra
      Abstract: This paper advances a human rights perspective to the understanding of internet access by viewing it through a comparative lens with reference to countries in Europe, and the USA, India, and China. The question that is explored is: does internet access warrant recognition as a stand-alone human right, or is it sufficient that access is so bound up with one or more existing rights that formal recognition is unnecessary' Through this paper an effort has been made to analyse whether having a right to internet access as a human right is possible and to argue for the need to recognise such a right given the importance such a right holds, as can be seen especially during the ongoing pandemic when every aspect of life has been shifted to the online mode.
      PubDate: Wed, 22 Dec 2021 00:00:00 +010
       
  • Tackling Issues of Global Concern by Revisiting the Justifications for
           State Approaches to Governance

    • Authors: Tinashe Madebwe
      Abstract: Issues of global concern typically arise where there is a limited commitment to accountable governance. This paper argues that there has been an evolution in the state function. This evolution has made it possible to envisage a progression to accountable governance across all states. If attained, this would establish accountable governance as the threshold for state participation in international relations. Failure to meet the threshold would justify intrusion in the governance affairs of states by the international community of states to ensure accountability. Thus, the paper argues that the key to addressing issues of global concern lies in getting states to embrace accountable governance. This would be the first step towards empowering the international community of states to hold accountable those states that adopt governance decisions that perpetuate issues of global concern.
      PubDate: Wed, 22 Dec 2021 00:00:00 +010
       
  • Creditors' and Third Parties' Rights In Rem under European Union
           Regulations and the UNCITRAL Legislative Guide on Insolvency Law

    • Authors: Karolina Ochocińska
      Abstract: The purpose of this article is to present the legal position of creditors and third parties secured by rights in rem. The analysis takes into consideration the situation when the bankruptcy of a debtor is declared. The purpose of the article is to present the regulation provided in European Union regulations. According to the European Union regulations, the opening of insolvency proceedings does not affect the rights in rem of creditors or third parties {to assets'} belonging to the debtor which are situated within the territory of another Member State at the time of the opening of insolvency proceedings. Therefore the question arises of whether the scale of protection of a secured creditor or of third parties' is too wide in comparison with other creditors. Moreover it is necessary to compare the European Union provisions with regulations of an international character. The provisions of the UNCITRAL Legislative Guide on Insolvency Law constitute a point of reference for a comparative analysis of this issue.
      PubDate: Wed, 22 Dec 2021 00:00:00 +010
       
  • The Availability of Firearms and Levels of Homicideand Suicide Perpetrated
           with Their Use

    • Authors: Leszek Stępka
      Abstract: The paper reviews the literature with a view to answering the question as to whether the easier availability of firearms affects the level of homicides and suicides with their use. The author compared Polish and other similar laws where the access to firearms is strictly regulated, as against systems where the availability of firearms is facilitated, either owing to liberal laws (Colombia, Brazil, Switzerland) or to Constitutional guarantees (USA, Mexico). The comparison revealed a correlation between the availability of firearms and levels of homicide and suicide by firearms.
      PubDate: Wed, 22 Dec 2021 00:00:00 +010
       
  • Legal Aspects of Geothermal Energy Use in Poland

    • Authors: Małgorzata Szalewska
      Abstract: Geothermal energy, understood as the energy stored in the form of heat beneath the earth’s surface, is one of the types of renewable energy sources. In Poland, geothermal energy is the renewable energy source with the highest technical potential, which results from the fact that there are natural sedimentation-structure basins in Poland, filled with hot underground waters of various temperatures. One of the basic factors determining the potential development of undertakings oriented at the use of geothermal energy is the legal environment, understood as a system of legal regulations relating to human activity connected with the use of geothermal energy. The subject of this study is the analysis of legal conditions for ventures geared towards geothermal energy exploration, documentation, and extraction. In Poland there is no uniform legal act regulating these issues in a comprehensive way. The provisions of the Geological and Mining Law and the Water Law, but also the provisions of the Construction Law, Environmental Protection Law, Energy Law, and Renewable Energy Sources Act apply to the analysed projects. The complexity and multilayer character of legal regulations determines the multitude of legal procedures reflecting the regulatory function of the state, realised through the system of concessions, permits, permissions, and approvals. The aim of this study is to present the legal regulations applicable in Poland relating to the use of geothermal energy, and to analyse the level of rationing of activities undertaken in this field.
      PubDate: Wed, 22 Dec 2021 00:00:00 +010
       
  • Interwar and Contemporary Poland. A Comparison of the Protection of
           Minority Rights in the Second and in the Third Polish Republics

    • Authors: Katarzyna Witkowska-Chrzczonowicz
      Abstract: This paper is devoted to the problem of the protection of minority rights in Poland in the interwar period in comparison with the contemporary situation. On the one hand, before the Second World War Poland was a very heterogeneous country, inhabited for generations by multiple and internally diverse religious, national, ethnic, or linguistic minorities. On the other hand, contemporary Poland is a country in which national and ethnic minorities constitute only a few percent of the population, and the proportion of such minorities in Poland compared to other European countries is one of the lowest in Europe. The duties of the Polish authorities towards national minorities were determined by internal legal acts: decrees of the Chief of State, and above all the March Constitution and national law, as well as many international legal acts, for instance such as the so-called Little Treaty of Versailles. The second part of the paper discusses the contemporary situation of the minorities in Poland, for instance the situation of the national and ethnic minorities and the situation of sexual minorities.
      PubDate: Wed, 22 Dec 2021 00:00:00 +010
       
  • On Taking DNA Reference Samples - Comment to the Judgment of the European
           Court of Human Rights of 14 April 2020 in the Case of Dragan Petrović v.
           Serbia, Application no. 75229/10

    • Authors: Violetta Kwiatkowska-Wójcikiewicz; Józef Wójcikiewicz
      Abstract: The comment deals with the evaluation of (not only) Serbian law concerning taking body samples for DNA examinations. The authors share the arguments of the dissenting opinion from the judgment in question that the phrase “other medical procedures” was at that stage sufficient for such a procedure. A comparative analysis of the Polish law is also conducted.
      PubDate: Wed, 22 Dec 2021 00:00:00 +010
       
  • List of Reviewers

    • Authors: julia Kapelańska-Pręgowska
      PubDate: Wed, 22 Dec 2021 00:00:00 +010
       
  • Title page and table of contents

    • Authors: Anna Moszyńska
      PubDate: Wed, 22 Dec 2021 00:00:00 +010
       
  • Editorial

    • Authors: Anna Moszyńska
      PubDate: Wed, 22 Dec 2021 00:00:00 +010
       
 
JournalTOCs
School of Mathematical and Computer Sciences
Heriot-Watt University
Edinburgh, EH14 4AS, UK
Email: journaltocs@hw.ac.uk
Tel: +00 44 (0)131 4513762
 


Your IP address: 3.230.142.168
 
Home (Search)
API
About JournalTOCs
News (blog, publications)
JournalTOCs on Twitter   JournalTOCs on Facebook

JournalTOCs © 2009-