rss_2.0Sciendo RSS Feed for Journal of Legal Studieshttps://sciendo.com/journal/JLEShttps://www.sciendo.comhttps://sciendo-parsed.s3.eu-central-1.amazonaws.com/64721acc215d2f6c89dbc228/cover-image.jpghttps://sciendo.com/journal/JLES140216https://sciendo.com/article/10.2478/jles-2024-0014<abstract> <title style='display:none'>Abstract</title> <p>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.</p> </abstract>ARTICLEtruehttps://sciendo.com/article/10.2478/jles-2024-00142024-11-06T00:00:00.000+00:00https://sciendo.com/article/10.2478/jles-2024-0017<abstract> <title style='display:none'>Abstract</title> <p>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.</p> </abstract>ARTICLEtruehttps://sciendo.com/article/10.2478/jles-2024-00172024-11-06T00:00:00.000+00:00https://sciendo.com/article/10.2478/jles-2024-0011<abstract> <title style='display:none'>Abstract</title> <p>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.</p> </abstract>ARTICLEtruehttps://sciendo.com/article/10.2478/jles-2024-00112024-11-06T00:00:00.000+00:00https://sciendo.com/article/10.2478/jles-2024-0012<abstract> <title style='display:none'>Abstract</title> <p>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.</p> </abstract>ARTICLEtruehttps://sciendo.com/article/10.2478/jles-2024-00122024-11-06T00:00:00.000+00:00https://sciendo.com/article/10.2478/jles-2024-0013<abstract> <title style='display:none'>Abstract</title> <p>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.</p> </abstract>ARTICLEtruehttps://sciendo.com/article/10.2478/jles-2024-00132024-11-06T00:00:00.000+00:00https://sciendo.com/article/10.2478/jles-2024-0016<abstract> <title style='display:none'>Abstract</title> <p>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.</p> </abstract>ARTICLEtruehttps://sciendo.com/article/10.2478/jles-2024-00162024-11-06T00:00:00.000+00:00https://sciendo.com/article/10.2478/jles-2024-0015<abstract> <title style='display:none'>Abstract</title> <p>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.</p> </abstract>ARTICLEtruehttps://sciendo.com/article/10.2478/jles-2024-00152024-11-06T00:00:00.000+00:00https://sciendo.com/article/10.2478/jles-2024-0003<abstract> <title style='display:none'>Abstract</title> <p>Legal education plays a vital role in the country’s justice system. The graduates with good quality of law education have a great impact on the quality of the judiciary, Bar, and Bench. There is a general perception amongst the stakeholders comprising of that the present legal education in Pakistan does not satisfactorily match the needs of the country. Thus, it needs to be reviewed and reformed. In line with this, the objective of the current qualitative study is to analyze the opinions of stakeholders. The article ends with recommendations for improvement in legal education as advocated by the stakeholders.</p> </abstract>ARTICLEtruehttps://sciendo.com/article/10.2478/jles-2024-00032024-05-20T00:00:00.000+00:00https://sciendo.com/article/10.2478/jles-2024-0009<abstract> <title style='display:none'>Abstract</title> <p>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.</p> </abstract>ARTICLEtruehttps://sciendo.com/article/10.2478/jles-2024-00092024-05-20T00:00:00.000+00:00https://sciendo.com/article/10.2478/jles-2024-0005<abstract> <title style='display:none'>Abstract</title> <p>The legal education map of Pakistan is plagued by a slew of hurdles, starting with outdated teaching approaches and poor resource provision. This article suggests including flipped classrooms in legal education and the functional outcome of this is to improve the quality and accessibility of legal education. Contrary to the traditional methods of teaching, flipped classrooms force students to interact with the instructional materials before the class. This organization allows face-to-face sessions to focus on interactive discussions and hands-on applications. Major factors necessary for successful implementation include faculty development, technological support, and the correlation of curriculum goals. Flipped classrooms offer a promising route to the issues of legal education in Pakistan. Like that, the method encourages active learning, stimulates cognitive activities, and prepares law scholars better for the difficulties of modern legal practice.</p> </abstract>ARTICLEtruehttps://sciendo.com/article/10.2478/jles-2024-00052024-05-20T00:00:00.000+00:00https://sciendo.com/article/10.2478/jles-2024-0007<abstract> <title style='display:none'>Abstract</title> <p>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.</p> </abstract>ARTICLEtruehttps://sciendo.com/article/10.2478/jles-2024-00072024-05-20T00:00:00.000+00:00https://sciendo.com/article/10.2478/jles-2024-0004<abstract> <title style='display:none'>Abstract</title> <p>This article conducts a comparative analysis of pre-trial detention challenges in Ukraine and Sweden, highlighting common issues and distinctive features. Both countries face non-compliance with international standards in their remand policies, with legislative problems serving as a focal point. Recent legislative efforts in Ukraine and Sweden have addressed some issues, but significant challenges persist, requiring comprehensive solutions. The legislative disparities between the two nations manifest in the technical nature of Ukraine’s problems and Sweden’s more systemic issues. A unique challenge faced solely by Sweden is the disproportionately high number of foreigners in pre-trial detention, highlighting discriminatory legal regulations. Procedural hurdles vary, with Sweden grappling with the lack of specificity in prosecutors’ grounds for restrictions, while Ukraine faces a formalistic approach to remand extensions. Long-term pre-trial detention is identified as a shared concern, attributed to systemic principles in Sweden and technical procedure problems.</p> </abstract>ARTICLEtruehttps://sciendo.com/article/10.2478/jles-2024-00042024-05-20T00:00:00.000+00:00https://sciendo.com/article/10.2478/jles-2024-0010<abstract> <title style='display:none'>Abstract</title> <p>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.</p> </abstract>ARTICLEtruehttps://sciendo.com/article/10.2478/jles-2024-00102024-05-20T00:00:00.000+00:00https://sciendo.com/article/10.2478/jles-2024-0002<abstract> <title style='display:none'>Abstract</title> <p>This study compares countries with common law with countries with civil law systems and investigates the possibility of predicting legal systems using artificial neural networks (ANNs). The OLS model, ANOVA, ANN, and Tensor Flow are used in the research to analyze the data. The goal is to find out how board characteristics and country legislative frameworks affect how European corporations disclose their social performance. The performance of a hidden layer with five nodes is best, according to the ANN model. The model’s accuracy throughout testing and validation is 0.750. The confusion matrix shows that, of the four observations in the test set, three were correctly categorized as “Civil law” and one was incorrectly categorized as “Common law.”</p> <p>To evaluate the model’s efficacy, evaluation metrics are computed. The model’s accuracy is 0.750, which represents a prediction success rate of 75%. For the “Civil law” class, the recall (true positive rate) is 1.0, indicating that all “Civil law” cases are correctly identified. Metrics for the “Common law” class, however, are not available due to the scant amount of data that is available. The prevalence of countries with common law and civil law systems is compared in the ANOVA analysis. As shown by the computed F-value of 0.482, there is less variance inside each legal system than there is between the two. There is no statistically significant difference in frequency between the two legal systems, according to the p-value of 0.495. Overall, the research’s conclusions imply that social performance disclosure between countries with common law and civil law systems differs only slightly. The neural network model’s network weights provide insight into the importance of different features in prediction.</p> </abstract>ARTICLEtruehttps://sciendo.com/article/10.2478/jles-2024-00022024-05-20T00:00:00.000+00:00https://sciendo.com/article/10.2478/jles-2024-0001<abstract> <title style='display:none'>Abstract</title> <p>The problem of child labor in cocoa-producing countries like Ghana and Ivory Coast has been projected into the international limelight due to coverage by notable international media organizations like CNN, BBC, and Al Jazeera. The incidence of child labor in the cocoa industry raises legal and ethical issues in the production and manufacturing processes that feed into international trade. This paper explores the international legal framework on child labor under the Minimum Age Convention and the consistency of Ghanaian domestic law with the Convention. It further discusses empirical data collected from Anyinam, a cocoa farming community in the Eastern Region of Ghana and the sustainability programme of Federated Commodities Ltd. (FEDCO), as a private sector responsible business initiative aimed at addressing the problem of child labor from a holistic approach.</p> </abstract>ARTICLEtruehttps://sciendo.com/article/10.2478/jles-2024-00012024-05-20T00:00:00.000+00:00https://sciendo.com/article/10.2478/jles-2024-0006<abstract> <title style='display:none'>Abstract</title> <p>This study seeks to examine the notion of marital maturity through the lens of Islamic jurisprudence. It employs a normative legal research methodology, combining philosophical insights, statutory regulations, and contextual analysis. The analytical techniques involve surveying, conducting question-and-answer sessions, thoroughly reading legal materials, and employing deductive analysis. The research results show that in Islamic law, maturity in marriage refers to the boundaries of individuals who have reached puberty. The importance of building a household based on maturity is to create psychological maturity in both partners, both husband and wife. Islamic law underscores the importance of individuals being mentally, physically, and psychologically prepared for marriage, emphasizing that it is a form of worship. Therefore, building a mature and responsible household is expected in Islamic teachings.</p> </abstract>ARTICLEtruehttps://sciendo.com/article/10.2478/jles-2024-00062024-05-20T00:00:00.000+00:00https://sciendo.com/article/10.2478/jles-2024-0008<abstract> <title style='display:none'>Abstract</title> <p>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.</p> </abstract>ARTICLEtruehttps://sciendo.com/article/10.2478/jles-2024-00082024-05-20T00:00:00.000+00:00https://sciendo.com/article/10.2478/jles-2023-0012<abstract> <title style='display:none'>Abstract</title> <p>Indonesia, which is a democratic country, is not necessarily free from the practice of ownership of a handful of groups that influence the course of the National constitution. Oligarchy begins with the fact that extreme material inequality produces extreme political inequality. Although in a democracy, position and access to the political process are interpreted as equal, the enormous wealth in the hands of a small minority creates a significant excess of power in the political sphere for that group. The practice of oligarchic politics in Indonesia has been prominent and widespread since the New Order era. Oligarchy has undermined the philosophical meaning of democracy, which is political power or government run by the people, and for the people. Freedom in the political field certainly does not mean legalizing all means but remains in the corridor as contained in Pancasila as the basic ideology of the Indonesian nation. The good and bad of the law must be measured by the good and bad consequences produced by the application of the law, meaning that legal provisions can be considered good and provide benefits if the consequences resulting from their application are good, maximum happiness, and reduced suffering.</p> </abstract>ARTICLEtruehttps://sciendo.com/article/10.2478/jles-2023-00122023-11-02T00:00:00.000+00:00https://sciendo.com/article/10.2478/jles-2023-0011<abstract> <title style='display:none'>Abstract</title> <p>Over the years, studies have focused on the implications of institutional quality as a key factor of FDI inflows into Africa and how it influences the economic processes of various African countries. However, in the studies on Africa, investors’ motivations as determinants of foreign direct investment inflows into African regions are grossly understudied and yet determined. As a result, there is a need to investigate the impact of FDI inflows on African countries, as well as the implications of home and host country investment phenomena. The study employs ex-post-facto research using panel data obtained from different World Bank publications; world development indicators, and the Transparency Index database from 1997 to 2022. The System Generalized Method of Moments (SGMM) was used to examine the data. The results reveal that governance and investor motivations have a negative impact on each other; the effect of the interacted variables is less than the total of the impacts of governance and investor motivations separately. Therefore, FDI in the selecte3d African countries will decline by 7.5 points for every unit increase in the level of poor governance and investor motivations, and this validates the locational assumption of John Dunning Eclectic Paradigm with the proposition that FDI inflows is a function of the home and host investment phenomena As a result, we recommend that African governments implement Regulatory reform, market reform, complete streets policies, and contingency-based planning that are FDI inflow induced.</p> </abstract>ARTICLEtruehttps://sciendo.com/article/10.2478/jles-2023-00112023-11-02T00:00:00.000+00:00https://sciendo.com/article/10.2478/jles-2023-0019<abstract> <title style='display:none'>Abstract</title> <p>Tax evasion operates beyond the boundaries of the jurisdictions, it develops across borders, and the extent of tax fraud as a phenomenon is differentiated according to the aspects and the rigours of legislation, as well as according to the economic environment of each country in part. Regardless of the level of development of the country in which it manifests, the effects of the fiscal fraud are destructive, affecting both the state budget, as well as the financial resources of the offenders’ commercial partners. The fiscal fraud has negative effects over the economic market, and one of the consequences is the social inequality from the perspective of the abuse and the predisposition of certain taxable subjects to fraud. Certainly, the phenomenon remains unraveled, the financial schemes being extremely complex, and the fraud mechanisms are some of the most laborious ones and in a permanent improvement, while the evaders keep finding new means by way of which they illegally attract financial resources. The fight against tax evaders is a difficult one, mainly because of the sometimes “deliberate” legislative “loopholes”, but also because of their ingenuity, which is often “one step” ahead of those who fight against tax evasion.</p> </abstract>ARTICLEtruehttps://sciendo.com/article/10.2478/jles-2023-00192023-11-02T00:00:00.000+00:00en-us-1