There was a truly global revolution that reflected a Great Divide between ancient and new legal regimes. The volume emphasizes its depth and scale and explores the phenomenon in the contexts of ...Morocco, Egypt, India, the Ottoman empire, China, and Japan.
Cultural Expertise, Law, and Rights introduces readers to the theory and practice of cultural expertise in the resolution of conflicts and the claim of rights in diverse societies. Combining theory ...and case-studies of the use of cultural expertise in real situations, and in a great variety of fields, this is the first book to offer a comprehensive examination of the field of cultural expertise: its intellectual orientations, practical applications and ethical implications. This book engages an extensive and interdisciplinary variety of topics – ranging from race, language, sexuality, Indigenous rights and women’s rights to immigration and asylum laws, international commercial arbitration and criminal law. It also offers a truly global perspective covering cultural expertise in Africa, Asia, Australia, Europe, Latin America, the Middle East and North America. Finally, the book offers theoretical and practical guidance for the ethical use of cultural expert knowledge. This is an essential volume for teachers and students in the social sciences – especially law, anthropology, and sociology – and members of the legal professions who engage in cross-cultural dispute resolution, asylum and migration, private international law and other fields of law in which cultural arguments play a role. The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.
Colonial Adventures: Commercial Law and Practice in the Making addresses the question how and to what extend the development of commercial law and practice, from Ancient Greece to the colonial ...empires of the nineteenth and twentieth centuries, were indebted to colonial expansion and maritime trade. Illustrated by experiences in Ancient Europe, the Americas, Asia, Africa and Australia, the book examines how colonial powers, whether consciously or not, reshaped the law in order to foster the prosperity of homeland manufacturers and entrepreneurs or how local authorities and settlers brought the transplanted law in line with the colonial objectives and the local constraints amid shifting economic, commercial and political realities.
Dependent Archipelagos in the Law of the Sea examines the archipelagic concept in international law of the sea with respect to dependent archipelagos, both coastal and outlying, and evaluates the ...contribution of state practice to solutions and developments.
The article is focused on studying the role of legislation and state policy in the customs sphere in ensuring the preservation of wildlife in Ukraine in the context of the possibility of exporting ...samples of wild animals outside Ukraine. The main problems of prevention of illegal seizure of wild fauna samples for their further movement outside Ukraine have been identified.
The main factors influencing the impossibility of preventing the export of wild animals outside Ukraine are the state policy on simplification of customs clearance of goods and the introduction of the “single window” principle. Those mechanisms themselves do not create the preconditions for the movement of illegally seized wild animals across the border. However, the lack of mechanisms for the exchange of information between customs and veterinary authorities and environmental authorities leads to a lack of mechanisms for environmental authorities to respond to the facts of illegal removal of wild animals from the environment. In turn, customs and veterinary authorities are deprived of the powers to control the legality of the origin of wild animals to be moved across the border of Ukraine.
The author has emphasized the need to develop automated algorithms for the exchange of information on the movement of wild animals across the border between the relevant government agencies in order to further control the legality of the origin of animals and bring to justice those who illegally released wild animals.
The results of the study can be used in the practice of customs legislation in order to establish mechanisms to prevent illegal movement of wild animals across the state border and bring to justice those guilty of removing animals from the environment in violation of the current legislation of Ukraine.
ضمانات العقوبة الإدارية في التشريع العماني قشطة، نزار حمدى إبراهيم; البوسعيدي، خليل بن حمد بن عبدالله; المعمري، صالح بن سعيد
Al-Ijtihad Journal on Legal and Economic Studies,
06/2023, Letnik:
12, Številka:
3
Journal Article
Recenzirano
Odprti dostop
Most legislation suffers from legislative inflation in criminal policy, which prompted some legislation to grant the administration the authority to impose administrative punishment on violators. But ...with sitting controls and conditions that the administration must respect. Here comes the importance of research in clarifying the guarantees that must be available during the application of administrative penalties. Which leads us to the main question is to what extent the Omani legislator was able to provide guarantees that protect the rights of individuals during the imposition of administrative punishment by the administration in the unified customs law? In the research, we followed the analytical descriptive approach to answer it, with the help of the comparative approach in the paragraphs of the research. We concluded that the legislator in the unified customs law respects the majority of procedural rules despite not explicitly stating most of them, as we recommended the Omani legislator to adopt an integrated system of criminal law Administrative law, similar to comparative legislation such as French law, so that the regulation includes all guarantees, conditions and bases for applying penalties in the administrative field.
A central puzzle in jurisprudence has been the role of custom in law. Custom is simply the practices and usages of distinctive communities. But are such customs legally binding? Can custom be law, ...even before it is recognized by authoritative legislation or precedent? And, assuming that custom is a source of law, what are its constituent elements? Is proof of a consistent and long-standing practice sufficient, or must there be an extra ingredient - that the usage is pursued out of a sense of legal obligation, or, at least, that the custom is reasonable and efficacious? And, most tantalizing of all, is custom a source of law that we should embrace in modern, sophisticated legal systems, or is the notion of law from below outdated, or even dangerous, today? This volume answers these questions through a rigorous multidisciplinary, historical, and comparative approach, offering a fresh perspective on custom's enduring place in both domestic and international law.
Customs reconciliation is considered among the most important procedural principles for settling customs disputes between each of the administration’s customs on the one hand, and the persons ...involved in the commission of customs violations on the other hand. In order for it to be established properly and produce its legal effects, the customs legislation requires the availability of a set conditions, some of which relate to its location and parties, and others relate to the formal procedures that must be met for its completion. In order to highlight the specificity of these conditions, it is necessary to address the various amendments that occurred in the customs legislation, given that most of the changes introduced concerned the scope and conditions for applying reconciliation, as well as the implications thereof.
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