The aim of Journal of Legal Studies is to publish quality articles and insightful research ideas in all fields of Law domain having a rigorous methodological aspects and soundness of research outcomes. The Editorial Board is oriented towards a comprehensive, extensive and more accurate original contribution in the Law domain with the final objective to promote a high standards of research outcomes in the light of the latest legal sciences agenda. The complex phenomenon and manifestation of the law in the context of globalization has led the Editorial Board to promote also aspects of transdisciplinary, interdisciplinary and multidisciplinary aspects also with some important domains as: economics, finance, IT, medicine or psychology. It is important to promote in the law sciences also the usage of statistical techniques which will lead to the increasing of the quality of the article are a more empirical structure of the research outcomes. The scope of the Journal is to promote a high degree of innovation in Law domain by providing articles which will have a high degree of impact and importance both for the doctrine and academics, and also for Law practicians with the understanding of modern research methods usage in the social sciences. In 2001, within the Faculty of Legal Sciences of "Vasile Goldiș" Western University from Arad, a biannual legal journal, named "Studii Juridice" (Legas Studies) made its appearance, published at Cluj-Napoca, at the prestigious Cordial Lex Publishing House (ISSN. 1582-5442). Today after a period absence of about seven years, the journal returns in force, continuing the scientific demarche began in 2001, under a new denomination - Journal of Legal Studies -, with a new format, under the guidance the Center of Studies and Research – European Dimensions of the Romanian Law (C.S.R.E.D.R.L.) within the Faculty of Legal Sciences of "Vasile Goldiș" Western University from Arad, with a new Editorial Board, a new Scientific Board and with prestigious national and international reviewers. But we also thank all those whom supported and whom beared a hand to the comming-back of our journal, to the members of the Editorial Board, and especially to the prestigious members who accepted to be a part of Scientific Board of the Journal. Journal of Legal Studies niche and specific contribution to the international legal literature The Journal of Legal Study niche regards the study of international law and comparative law. This is a very important issue tackled by the Editorial Board to connect the legal systems at the European and international levels. The Editorial Board follows studies with international and European law aspects and features for a more comprehensive enactment of the legal systems worldwide. Moreover, the Journal of Legal Studies supports comparative aspects of law both on national and international agendas. This is a very important aspect due to the need to make intercountry comparisons of the legal systems. The contribution of the Journal of Legal Study to the international literature is focused on providing insightful and interesting theoretical and empirical studies with a direct impact on academic, practical, and doctrinal issues of all law areas. . Journal Of Legal Studies is covered by the following services: Journal Of Legal Studies- in DE GRUYTER OPEN since 2015 Baidu Scholar; CEEOL - Central and Eastern European Online Library; CEJSH (The Central European Journal of Social Sciences and Humanities); CNKI Scholar (China National Knowledge Infrastructure); CNPIEC – cnpLINKer; Dimensions; DOAJ (Directory of Open Access Journals); EBSCO (relevant databases); EBSCO Discovery Service; ERIH PLUS (European Reference Index for the Humanities and Social Sciences); EuroPub; Genamics JournalSeek; Google Scholar; Index Copernicus; J-Gate; JournalTOCs; KESLI-NDSL (Korean National Discovery for Science Leaders); MyScienceWork; Naver Academic; Naviga (Softweco); Primo Central (ExLibris); ProQuest (relevant databases); Publons; QOAM (Quality Open Access Market); ReadCube; Semantic Scholar; Summon (ProQuest); TDNet; Ulrich's Periodicals Directory/ulrichsweb; WanFang Data; WorldCat (OCLC); The editorial board is participating in a growing community of CrossCheck System’s users in order to ensure that the content published is original and trustworthy, aiming to eliminate plagiarism and provide a high standard and quality peer-review. Free language editing services for accepted papers by Grammarly. Since 2015 (16th Volume, 29th issue), Journal Of Legal Studies uses DOI (Digital Object Identifier)as a permanent citation link to content article. Licensed under the Creative Commons — Attribution 4.0 International — CC BY 4.0 (CC BY-NC-ND 4.0)
Artificial Intelligence in Forensic Investigations. Doctrinal Gaps, Fundamental Rights and the Rule of Law
The article examines the growing tension between the use of Artificial Intelligence (AI) in criminal investigations and the protection of fundamental rights. While AI technologies such as facial recognition, predictive policing, and digital forensics promise greater efficiency in law enforcement, they simultaneously raise serious concerns related to privacy, equality, non-discrimination, and the right to a fair trial. The analysis demonstrates that the current legal and doctrinal framework remains insufficiently developed to address these challenges, creating the risk of fragmented practices and undermining legal certainty. Drawing on European and international standards, as well as recent doctrinal debates, the article highlights the main risks: algorithmic opacity, indirect discrimination, automation bias, and the lack of consolidated jurisprudence regarding AI-generated evidence. The article contributes to filling this gap by identifying doctrinal lacunae and proposing research and regulatory directions. These include the need for clear procedural standards, mandatory algorithmic audits, minimum safeguards for digital evidence, strict limitations on the use of predictive technologies, and investment in digital literacy for justice professionals. AI should not be rejected as a threat, but integrated responsibly into the legal system, ensuring both security and respect for the rule of law.
Copyright (c) 2025 Journal of Legal Studies
Extra-Judicial Killings: A Snapshot of Bangladesh's Legal Regime
This study explores the alarming topic of extrajudicial killings in Bangladesh, pointing out how these crimes violate fundamental human rights and undermine democratic values in the country's criminal justice system. It sheds light on the pervasive impunity and lack of accountability among law enforcement agencies by tracing the historical roots of such killings and examining the current judicial system. It investigates the violations of internationally acknowledged human rights instruments and identifies gaps in existing legislation using a qualitative examination of secondary sources. To emphasize the seriousness of the present scenario, two shocking, sensational incidents are reviewed. Upholding the principles of human rights requires that the guidelines, rules, policies, and legal mechanisms made by the UN be put into practice. By putting these recommendations into reality, Bangladesh can create a society that upholds the rule of law, protects human rights, and ends the heinous practice of extrajudicial killings.
The Annulment of the 2024 Romanian Presidential Election. Between Constitutional Guardianship and Judicial Overreach
The article focuses on Ruling No. 32/2024 of the Constitutional Court of Romania, which annulled the first round of the presidential elections in response to intelligence revelations about large-scale foreign disinformation and covert digital campaigns. Based on Article 146(f) of the Constitution, the Court assumed its role as the guardian of electoral integrity ex officio, ordered a full rerun of the elections, and extended the term of the incumbent president. While the decision reflects a militant defence of democracy and resonates with European standards that allow for annulment in exceptional circumstances, it can also be argued that it exceeded the limits of legality. The Court’s reliance on declassified information, its succinct reasoning, and the absence of procedural safeguards raise questions about transparency, predictability, and thus the rule of law. Testing both sides of the coin - which the article attempts to tackle - can illustrate both the strength and fragility of Romanian constitutionalism, i.e., strong in its desire to defend democratic values, yet fragile in the absence of clear statutory and constitutional rules for such crises.
From Margins to Mainstream: The Role of Political Parties in Advancing Women’s Parliamentary Representation in Ghana
Women’s underrepresentation in national legislatures is a persistent global concern. This study interrogates how political parties can promote greater women’s representation in Ghana’s Parliament. Using the mixed-methods approach, the paper combines a survey of 100 participants and in-depth interviews with six key informants. The findings reveal multiple challenges facing women in politics and identify mechanisms through which parties can help overcome these barriers. Internally, parties can introduce measures such as candidate quotas, reserved seats in safe constituencies, reduced filing fees, financial and material support, and capacity-building programs for aspiring female politicians. At the national level, legal reforms, including the implementation of the Affirmative Action (Gender Equity) Act (2024), are pivotal. While these strategies hold promise for increasing women's parliamentary representation in Ghana, the study concludes that political parties must find a way to deal with internal opposition, as most stakeholders see these measures as undemocratic. The paper concludes that committed political party actions, coupled with supportive legal frameworks, are essential to achieving meaningful gains in women’s representation.
Establishing an Independent Fiscal Council in Mauritius: A Framework for Enhanced Fiscal Governance
This paper examines the case for establishing an Independent Fiscal Council in Mauritius as a mechanism to enhance fiscal governance, transparency, and accountability. Despite Mauritius's reputation as a well-governed small island economy, recurring challenges, including rising public debt-to-GDP ratios (which reached 87% in 2021), persistent budget deficits, instances of public fund misappropriation, and weaknesses in fiscal oversight, indicate the need for institutional reform. Using a mixed-methods approach combining doctrinal legal analysis with comparative research, this study examines primary sources, including legislation and official reports, alongside secondary literature on fiscal governance. The research conducts a comparative analysis of fiscal council frameworks in selected jurisdictions (UK, New Zealand, Brazil, India, Australia, Hungary, Argentina, Luxembourg, and Singapore), drawing lessons applicable to the Mauritian context. The findings demonstrate that Mauritius's current fiscal governance framework lacks robust independent oversight mechanisms, contributing to fiscal challenges and accountability deficits. The paper proposes a comprehensive model for a Mauritian Fiscal Council, including its legal foundation, institutional design, powers, functions, and relationship with existing institutions, while providing a detailed implementation roadmap addressing the unique political economy challenges facing Mauritius.
Mobile Legal Justice: Buckle Up for a Rocky and Smooth Justice System
This analysis explores the dynamics of the justice system, highlighting its systemic challenges and recent advancements. It aims to examine the justice system's dualistic nature, focusing on structural barriers alongside progressive inventions. The rationale is to enhance an understanding and contribute optimally to legal processes by investigating the interplay among various components of justice delivery. The study explores the divergent experiences within this framework, where some individuals steer significant obstacles reminiscent of traversing perilous terrain while others benefit from more explicit pathways. The discourse emphasises the critical need for equitable justice across different demographics by analysing the influence of technological developments and mobile applications in improving accessibility and transparency. These narrative challenges prompt legal professionals and policymakers to rigorously assess continuous systemic disparities while cultivating a concerted effort toward a more equitable legal framework. Generally, this contribution posits that envisioning a future in which justice is accessible and fundamentally fair is achievable through the strategic deployment of ingenious tools and advocacy efforts.
Analysis of Licensing Issues in Tourist Destination Development: Case Study of Hibisc Fantasy Park
The development of tourism destinations requires a strict and structured permitting process to ensure compliance with spatial planning, environmental protection, and community welfare. This study analyzes the licensing issues encountered in the development of Hibisc Fantasy Park in Puncak, Indonesia. Using a qualitative method with a juridical-empirical approach, the research identifies discrepancies between the obtained permits and actual development practices, such as the expansion of the construction area far beyond the approved limits. The study highlights several key factors contributing to the violation of licensing regulations, including weak government supervision, poor inter-agency coordination, economic pressures on developers, lack of regulatory understanding, and limited government resources. The findings emphasize the urgent need for stronger regulatory enforcement, improved institutional coordination, and greater public awareness to promote sustainable tourism development. Recommendations are provided to enhance the effectiveness of licensing systems and to ensure that tourism growth aligns with legal and environmental standards.
Digital Transformation in Legal Education: Gamification Models Form India, Brazil, and South Africa for Pakistan
Legal education requires digital transformation because it responds to modern pedagogical needs through innovative learning methods to increase students' skills in legal reasoning, advocacy and problem-solving abilities. Legal training that implements gamification mechanics connects game-based elements to produce a dynamic system that builds student involvement along with enhanced mental retention. This paper critically analyzes gamification effectiveness in legal education through an analysis of successful Indian, Brazilian, and South African approaches, which yield adoption principles usable for Pakistan. The paper establishes constructivist learning theories and experiential pedagogy as well as cognitive engagement principles before showing gamification uses in simulated legal practice with interactive case analysis and digital moot courts. The research evaluates three different implementations based on comparative case studies, where it investigates LawBot and AI-empowered legal games in India in addition to Jogo Justo for interactive moot court exercises in Brazil and interactive virtual legal clinics in South Africa. This study contrasts different models by examining their successful methods and limitations to create specific policy changes that match Pakistan’s legal education programs. The paper focuses on aligning curriculum content with each other while developing faculty abilities alongside mobilizing institutional backing and resolving limitations involving infrastructure. A detailed examination of legal regulatory requirements, together with public-private partnerships and policies from the bar councils, investigates the sustainability measures for adoption. The paper recommends future innovation along with digital transformation to improve Pakistan’s legal education system in this age of technology-based teaching methods.
Aruna Shanbaug. A Case Study in Compassion, Dignity, and the Ethics of Euthanasia
The case of Aruna Shanbaug is a landmark case in Indian jurisprudence that significantly influenced the debate surrounding the right to die with dignity. Aruna Shanbaug, was a nurse at King Edward Memorial Hospital, left in a persistent vegetative state for 42 years following a brutal assault. This prolonged condition raised complex ethical, moral, and legal questions regarding whether individuals in irreversible conditions should be allowed to die through unnatural means. In 2009, Social activist Pinki Virani filed a petition in the Andhra Pradesh High Court, seeking permission for euthanasia, arguing that Shanbaug's condition was unlikely to improve and that she was suffering unnecessarily. The petition was later brought before the Supreme Court of India in 2011. While the Court rejected the plea for active euthanasia, it acknowledged the legality of passive euthanasia, provided that strict conditions should be fulfilled, including the approval of a medical board. This ruling marked a crucial development in the recognition of passive euthanasia in India, paving the way for future legal reforms. The case continues to influence discussions on human rights, medical ethics, and personal autonomy in the context of Indian healthcare law. The objective of this paper is to analyze the ethical, moral, and legal implications of the Aruna Shanbaug case in the context of euthanasia laws in India. It aims to explore how the case influenced the recognition of passive euthanasia and shaped subsequent legal reforms in the country.
Lawsuit for the Termination of the Joint Stock Company for Just Cause Under Turkish Law
Shareholder relations in a joint stock company may go well or may become unbearable over time. For this reason, the Turkish Commercial Code provides minority shareholders with the right to file a lawsuit for the termination of the joint stock company for just cause, especially for the protection of minority rights. The legislator has also allowed the judge to decide on alternative solutions instead of terminating the company for just cause. The legislator has not specified what constitutes just cause termination and has left this matter to the doctrine and judicial decisions. The purpose of this study is to clarify the issues left to the doctrine and judicial decisions in the light of the doctrine.
Fetal and Abortion Rights Under the Maastricht Principles on the Human Rights of Future Generations: a Contradiction
On 3 February 2023, the Maastricht Principles on the Human Rights of Future Generations was adopted in Maastricht, Netherlands, by a group of human rights experts. Though not legally binding, these Principles seek to safeguard the rights of persons, groups, and peoples yet to exist. Accompanying the Maastricht Principles is a Commentary by the drafters explaining the import of each principle. This paper argues that the categorical denial of any form of legal protection for human embryos, fetuses and unborn children in the Maastricht Principles fundamentally undermines its objective and conflicts with the Convention on the Rights of the Child (CRC). It posits that women’s reproductive rights, including abortion, must be balanced with the imperative to protect the survival of unborn children. It juxtaposes the pro-life and pro-choice views on abortion, highlighting untapped middle grounds. While acknowledging that the mother's best interests should prevail in cases of conflict, this paper asserts that granting human embryos and fetuses a baseline of legal protection is essential to the coherence of the Maastricht Principles. Without such safeguards, the very concept of future generations is jeopardized.
Complexities of Legislative Representation in Ghana: Do Legislators Really Represent Their Constituents?
The question of whose interest legislators really represent is yet to be satisfactorily answered in the literature of legislative studies. The paper investigates whether Members of Parliament (MPs) in Ghana follow their constituents' preference, their own judgment, or their parties' interests. Qualitative data was collected through 25 in-depth interviews with MPs, senior parliamentary staff, Parliamentary press corps, and civil society groups. Using theoretical literature on ideal styles of representation—delegate, partisan, and trustee— the delegate role of MPs in relation to their constituents was largely overshadowed by the delivery of personalized and club goods as a way of representing their constituents. However, on a matter of policy, a partisan orientation strongly influences the legislative decision-making of MPs. This is due to the economic leverage that political parties have over their candidates’ re-election bid and a whip system that can compel MPs to prioritize the party's interest over that of constituents and their own judgment. Informal factors, such as ethnicity, religion, schoolmates, family relations, and friendship, though they play a minor role in influencing their representational orientation, could potentially shape the secret dissenting views of MPs from their parties’ positions. These findings highlight the need to enhance public education on the core responsibilities of MPs. This will foster an enduring trustee relationship, essential for reducing excessive pressure and demands on MPs, and undue partisanship in legislative policy-making.
The Modification of the Probation Period as an Effect of Transposing the Directive (Eu) 2019/1152 in the Romanian Law
Directive 2019/1152 has brought to the forefront the importance of the probationary period in an employment relationship, by its dual importance both in the activity of an enterprise by enabling the employer to find workers as competent as possible for the performance of the activity, and for the worker, who has the opportunity to know from the beginning of the employment relationship what conditions he must fulfill. Law no. 283/2022 amended the national law in the sense that it made it mandatory to expressly mention the conditions of the probationary period, if any, thus creating a conflict between the existing rules, in relation to the fact that during the probationary period, there is the possibility of termination of the individual employment contract by a simple unjustified notification by either party. In the following study, we will try to solve the legal problem of whether there or there is not a change in the legislator's optics regarding the reasons for the termination of the individual employment contract during the probationary period.
The Role of Artificial Intelligence in Criminal Investigations in India
With an increasing presence, Artificial Intelligence in Criminal Investigations all over the globe is progressively emerging as a new tool. Applications of Artificial Intelligence in India have been rapidly proliferating, especially as criminal activities increasingly move into the online sector. The volume of evidence collected is experiencing exponential growth and traditional methods often lack the power and complexity required to address modern crime effectively. India's law enforcement agencies are seeking to embrace these through AI technologies and enhance their powers in solving crimes more effectively and efficiently. All these technologies like; predictive policing, facial recognition, natural language processing, or data analytics represent a pathway to faster speeds, higher accuracies, and better outcomes in Criminal Investigations. Predictive policing algorithms can be used to predict crime hotspots, while facial recognition systems can help identify suspects in a matter of minutes rather than hours and days taken in the manual methods. Moreover, AI can help in curbing cybercrime, which is the most challenging for law enforcement agencies in India at present. However, this use of AI in Criminal Investigation also raises concerns, particularly in the space of privacy and surveillance, protection of data and algorithmic bias. More specifically, the country’s regulatory framework for the use of AI by law enforcement agencies is extremely weak and underdeveloped, which opens the door to abuse and the infringement of certain fundamental rights. This paper examines the advantages as well as disadvantages of Artificial Intelligence in relation to Criminal Investigations in India and lays out a lengthy list of issues that must be resolved before AI can be applied to the nation's criminal matters.
Tax Evasion and Non-oil Revenue Administration in Nigeria
The relationship between tax evasion and non-oil revenue in Nigeria was investigated in this study. The study’s specific objectives were to investigate how corruption perception index and revenue leakages through tax evasion impact non-oil revenue in Nigeria. Secondary monthly data from 2015M1 till 2022M12 and the study's data were taken from the Central Bank of Nigeria's annual reports and the Nigerian Federal Inland Revenue Services' yearly reports. The sourced data was estimated using the multiple regression technique. The unit root test showed that all the variables were stationary at levels. Findings showed that corruption perception index and revenue leakages through tax evasion negatively and significantly impact non-oil revenue in Nigeria. Therefore, the research suggested that in order to penalize those who commit tax evasion, the government's tax rules should be examined on a regular basis.
The Dynamics of Regional Head Elections in the Digital Era in Indonesia: the Perspective of First-time Voters
Indonesia's Regional Head Elections in 2024 show significant changes in political campaign strategies, especially with the increasing use of social media as the main tool. Social media has become a strategic tool for regional head candidates to convey their vision, mission, and work programs, as well as build their political image. As the dominant platform in the digital era, social media allows for wide, fast, and efficient dissemination of information, especially in reaching young voters who now account for around 60% of the total electorate. Young voters, who are active in using social media, are highly influenced by digital political content from influencers, public figures and peers. The ease of direct interaction between candidates and voters is also an added value that makes social media superior to traditional campaign methods. However, on the other hand, the use of social media in political campaigns faces several challenges, including the spread of disinformation, manipulation of opinions by buzzers and influencers, and potential violations of user data privacy. For this reason, increasing digital literacy and political awareness among the public, especially first-time voters, is important so that voters are more critical in filtering the information received. With the right strategy, social media can be an effective and ethical campaign tool, supporting a healthier and more participatory democracy. This research provides recommendations for candidates and stakeholders to maximize social media responsibly to gain voter support.
Unrecognized Hornets’ Nests of Basic Contract Law - Does the Law Permit a Seller to Offer the Same Item to Two or More Buyers Under Bilateral Contracts
The law of contracts stands as a mechanism for creating and enforcing legal rights and obligations that ensure that parties are held to their respective promises. However, if contract law permits a seller to agree to sell the same item to two or more buyers to the extent of creating two valid contracts, this may violate one of the main purposes of contract law which is to bring certainty and predictability pertaining to the duties and rights of the parties. This article initially examined the elements of contract law to analyze if the same could give rise to two or more valid bilateral agreements purporting to sell the same item to different individuals. This was followed by proposed reforms to the existing framework to protect both sellers and buyers who may not be aware of the legal framework governing their relationships. After assessing and evaluating whether a seller of limited stocks can contract to sell more than they own, it was identified that it is legally possible for a seller to be bound by two or more valid contracts to sell the same item. It was proposed to either interpret the expression of willingness to sell a product by a seller with limited stocks as an invitation to treat or subject the validity of concepts of offer and acceptance to the condition of availability of stocks as mechanisms to afford protection to domestic sellers who may be incautious of the surrounding legal rules.
Legal Challenges in Enforcing the Duty to Render Assistance at Sea: Implications for Maritime Autonomous Surface Ships (MASS)
International Shipping is subject to both national and international regulations to ensure safe and sound shipping as well as to enforce rights and obligations. Technological advancement in the shipping industry especially the introduction of maritime autonomous surface ships (MASS) is going to bring a great change along with challenges. Moreover, there are issues concerning the regulation of MASS under existing regimes such as the meaning of the relevant terms, the requirement to have a master and crew on board, the master’s duty to render assistance at sea, seaworthiness and avoidance of collisions. This paper aims to focus on the enforcement of the duty to render assistance at sea over MASS. Hence, this paper analyses the challenges that may arise while employing the duty over MASS, non-compliance under the present laws and the need for the adoption of a new regulatory framework to settle such non-compliances.
Theoretical, Legal and Empirical Aspects of Corporate Governance
The study tackles the problem of corporate governance from three directions. First, it reveals the theoretical aspects of corporate governance, with a special focus on public enterprises and the shift towards the new legislative package. Second, corporate governance is analyzed based on the legislative and legal aspects of public enterprises, which are financed by the state budget, and their implication vis – á – vis of the new legislative amendments and legal developments. Third, it is analyzed from the empirical point of view, the corporate governance indicators at the OECD and the Romanian levels. The conclusions of the study highlight the importance of central and public authorities in the field of corporate governance, which are fundamental in order to apply in a fair and complete manner the legal norms and stipulations.
Harassment From the Perspective of the Current Romanian Criminal Code
The legislator of the Criminal Code resorted to the criminalization of this deed in response to cases that occurred in everyday reality, in which various persons, especially women, are waited for and followed in the street or other public spaces or are badgered via phone calls or messages, all of which are done in such a way as to create a state of fear for the person in question.
Copyright (c) 2024 Journal of Legal Studies
Legal Perspective on the Use of Artificial Intelligence in Corporate Governance in Nigeria: Potentials and Challenges
From a legal standpoint, this paper critically examines the potential and challenges in deploying Artificial (AI) Intelligence in corporate governance in Nigeria. The examination revealed that leveraging AI in corporate governance could enhance corporate efficiency in Nigeria through improved decision-making, risk management, financial reporting, and stakeholder protection and engagement. However, possible bias and data privacy breaches are significant risks that pose ethical challenges when AI is deployed in corporate governance. Particularly, Nigeria is bisected by several socio-economic challenges, such as a lack of a robust AI framework and insufficient technological expertise to develop and optimize AI systems. Furthermore, Nigeria currently lacks comprehensive national AI legislation, thereby resulting in the absence of a legal basis for the effective deployment of AI in corporate governance and board management. Against this backdrop, this paper proposes an AI-based corporate governance framework, which can be adapted into future legislative reforms to streamline decision-making processes and improve board accountability and stakeholders’ protection in companies. Overall, it argues that AI legislation and policies are vital to the success of efforts to implement AI-based corporate governance in Nigeria.
Traffic Accidents: A Historical and Socio-Legal Analysis of Road Safety Challenges
This article examines the socio-legal aspects of the formation of the concept of a traffic accident, exploring its evolution from the late 19th century to the present day. The rapid growth of motor vehicles and the increasing complexity of road systems have necessitated the development of legal frameworks and safety regulations to address the risks posed by traffic accidents. The study highlights key legal milestones, such as the official introduction of the term "traffic accident" at the 1949 Geneva Conference, and analyzes the role of societal attitudes toward road safety and personal responsibility. It also delves into the cultural factors influencing traffic behavior, emphasizing the need for a comprehensive safety culture that involves drivers, pedestrians, and state regulation. By assessing the socio-legal dynamics, the article provides insights into the challenges of ensuring road safety and reducing the social and economic consequences of traffic accidents.
From International Mandate to National Legislation: Pakistan’s Response to Erga Omnes Obligations on Child Sexual Abuse
This article critically assesses Pakistan's compliance with erga omnes obligations under the Convention on the Rights of the Child (CRC) concerning sexual abuse of children. It discusses the discrepancies between the international and national levels of legal provision and scrutinizes Pakistani measures to safeguard children against sexual exploitation from the perspective of the CRC. However, there are shortcomings in implementing such laws and, therefore, such protections are not effectively implemented. In the current article, some of the major fields of Pakistan's legislation that do not conform to international standards are described, and the importance of legal reforms is stressed. Pakistan can better work to eradicate child sexual abuse and meet the requirements of the CRC through the synchronization of national laws with international norms and standards.
Legal Transformation of a Public Tertiary Institution: Turnaround and Public Interest of the Ghana Institute of Management and Public Administration (GIMPA)
Just over a decade ago, public tertiary institutions depended on the government for funding and received instructions on running their day-to-day affairs from the state. Recently, GIMPA a public tertiary institution deployed legal options to gain autonomy to stabilize its financial performance and service delivery. This article updates the progress that has since been made in understanding the reversal of the stressful financial situation of the institute through the lens of the existing legal framework. Further, the paper examined an ambitious organizational structure dwelling on a robust legal framework to redirect management policies, rules, regulations, and functional decisions of a public tertiary institution serving public management and public administration training and consultancy. Termed “legal framework,” this set of legal instruments is cultivated into efficient and effective operations that yield financial stability that ensures growth and is trajected towards national development.
Discrimination Based on Political or Other Opinions: Impact on the Labor Rights of Probationary Employees and Interns
The probation (trial) period employment contract and the internship are characterized by certain specificity in Georgian law. The issue of protecting the labor rights of probationary employees and interns, especially the termination of the contract, is even more specific. Moreover, the issue of political or other views, as one of the types of freedom of expression and the form of discrimination is interesting in the internship and trial period labor relationship. Based on the specificity of the Georgian case law, due to the simple termination of the probation period (trial period) employment contract, it is possible that the employer may abuse his right and thus violate the rights of the employee and/or intern. The following article mainly focuses on the research of these issues. The article also analyses the recent approaches of the Georgian courts' practice and several cases of the International Court of Justice, which are the most well-known and often cited cases in foreign legal literature.
Double Taxation Conventions, Transfer Pricing and Fiscal Space. From Tax Law Underpinnings to Financial Assessments
This article tackles the sensible and complex problem of international taxation. The main objective of the paper is to create a comprehensive fiscal space, especially at the European level, in the direct taxation domain. The main scope of the research is to identify, evaluate, and assess the main pillars and features of this fiscal space. The research methodology is based both on theoretical analysis of double taxation and transfer pricing issues, but also on practical aspects of several specific case laws. The conclusions of the article highlight the further improvement and development of the arm’s length principle structure, improving double taxation multilateral conventions, recalibrating the mutual agreement procedure, and strengthening the tax authorities’ international cooperation techniques and tactics.
The Child's Right to Establish and Preserve His or Her Identity. Legislative and Case-law Considerations
In each state there are certain vulnerable categories of population: children, elderly, disabled people, who need special protection in order to realize their rights. Among them, there are children, whose rights are explicitly regulated in Romania by Law nr. 272/2004 on the protection and promotion of children's rights, but also in other related laws. In the following, we intend to analyze: the right of the child to establish and preserve his or her identity in accordance with relevant legislation and case law.
Correlation Between International Regulations and Domestic Regulations in the Field of Human Rights and Freedoms
The correlation between international regulations and domestic regulations in the field of human rights and freedoms" analyses the relationship and mutual impact between international human rights norms and standards and the domestic legislation of the States. The paper investigates the importance and ways in which international regulations influence and are implemented in the domestic legislation of States to ensure the protection and observance of human rights. First of all, States have to pass appropriate domestic legislation to implement and give practical effect to international human rights norms and standards. This means that domestic regulations must be consistent with States' international obligations and ensure the protection and respect of human rights at a national level. Secondly, international human rights regulations can serve as instruments for interpreting and applying domestic law. States can use international standards as references for interpreting and applying their domestic laws, thereby ensuring that human rights are duly observed and protected.
Political Participation Behavior: Young People's Enthusiasm for the 2024 Presidential and Vice-presidential Elections
The enthusiasm of the younger generation for presidential and vice-presidential elections has a significant impact on the political dynamics of a country. This study aims to explore the factors that influence the level of enthusiasm of the younger generation in the process of electing the head of state. The research method used is descriptive analysis using primary and secondary data. The findings show that factors such as political education, social media, participation in political activities, and the aspirations of the younger generation play an important role in shaping their level of enthusiasm for the presidential and vice-presidential elections. The results of this analysis provide valuable insights for policymakers, political stakeholders and educational institutions to design more effective strategies to strengthen young people's engagement in the democratic process, as well as to sustain their political participation in the future.
Discrimination Under Political or Other Opinions in Pre-contractual Labor Relationship
The legislative changes implemented in the Labor Code of Georgia fundamentally changed the regulations governing the prohibition of discrimination. In order to bring them closer to the law of the European Union, a number of important issues were identified that require scientific processing and comparative legal research. One of the current and problematic types of discrimination in Georgian reality is not hiring a person and/or dismissing him/her due to political or other opinions. Case law regarding these topics practically does not exist. The present article deals with the existing regulation related to discrimination due to political or other opinions in pre-contractual relationships. The present paper examines whether Georgian legislation complies with acts of ILO and European law.