The Covid pandemic installed at the beginning of 2020 influenced the matter of insolvency. A series of measures were adopted to protect de debtors already insolvent on one hand, and new procedures were established on the other hand to ensure the ongoing insolvency proceedings. We can observe a special attention of the legislator in protecting legal person debtors compared to natural person debtors. Although the pandemic deeply affected citizens, they did not access the insolvency procedure of the natural person, but this procedure could represent a solution for overcoming their financial difficulties. The Romanian legislator did not intervene in the modification of the legal text, although the doctrine claimed a complicated procedure, with generally unattractive and interpretable notions. The financial difficulties faced by the business environment convinced the Romanian legislator, in 2022, to focus on insolvency prevention procedures, creating a modern framework for extrajudicial negotiations of the debts with the creditors. Although a year has passed since the end of the state of alert in Romania, and the effects of the pandemic are still visible, the method of administering insolvency procedures that offers effective solutions implemented during Covid period has been preserved. Keywords: Law; Insolvency; Legal persons; Natural persons; Covid
{"title":"Covid Influence in Insolvency in Romania","authors":"Lavinia-Olivia Iancu","doi":"10.30958/ajl.9-4-5","DOIUrl":"https://doi.org/10.30958/ajl.9-4-5","url":null,"abstract":"The Covid pandemic installed at the beginning of 2020 influenced the matter of insolvency. A series of measures were adopted to protect de debtors already insolvent on one hand, and new procedures were established on the other hand to ensure the ongoing insolvency proceedings. We can observe a special attention of the legislator in protecting legal person debtors compared to natural person debtors. Although the pandemic deeply affected citizens, they did not access the insolvency procedure of the natural person, but this procedure could represent a solution for overcoming their financial difficulties. The Romanian legislator did not intervene in the modification of the legal text, although the doctrine claimed a complicated procedure, with generally unattractive and interpretable notions. The financial difficulties faced by the business environment convinced the Romanian legislator, in 2022, to focus on insolvency prevention procedures, creating a modern framework for extrajudicial negotiations of the debts with the creditors. Although a year has passed since the end of the state of alert in Romania, and the effects of the pandemic are still visible, the method of administering insolvency procedures that offers effective solutions implemented during Covid period has been preserved. Keywords: Law; Insolvency; Legal persons; Natural persons; Covid","PeriodicalId":184533,"journal":{"name":"ATHENS JOURNAL OF LAW","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135834460","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In order to best understand judicial decisions following evidentiary findings supported by testimony, it is necessary to start with two questions: In the case of an acquittal verdict, why was the defendant acquitted? In the case of a guilty verdict, how should the defendant be punished? The first prejudice lies in this. The witness, who is aware that his or her word may affect these two outcomes, is in turn judged without bias by the assessors. The second prejudice stems from the function of punishment: to educate by punishing, or by infringing the rights of all does not conform to the canons of social reintegration of the possible convict. This contribution, therefore, aims to find the scientific degree of moral certainty that is based on the use of rational methods of research and evaluation of evidence, oriented towards the discovery of the truthfulness of the incisive facts of the case. Keywords: Civil law and common law; Epistemology and reasonableness; Evidence; Logic; Legal certainty; Fair trial
{"title":"The Sin of Unreasonable Doubt in the Age of Unfair Trial: Comparative Perspectives","authors":"Rocco Neri","doi":"10.30958/ajl.9-3-7","DOIUrl":"https://doi.org/10.30958/ajl.9-3-7","url":null,"abstract":"In order to best understand judicial decisions following evidentiary findings supported by testimony, it is necessary to start with two questions: In the case of an acquittal verdict, why was the defendant acquitted? In the case of a guilty verdict, how should the defendant be punished? The first prejudice lies in this. The witness, who is aware that his or her word may affect these two outcomes, is in turn judged without bias by the assessors. The second prejudice stems from the function of punishment: to educate by punishing, or by infringing the rights of all does not conform to the canons of social reintegration of the possible convict. This contribution, therefore, aims to find the scientific degree of moral certainty that is based on the use of rational methods of research and evaluation of evidence, oriented towards the discovery of the truthfulness of the incisive facts of the case. Keywords: Civil law and common law; Epistemology and reasonableness; Evidence; Logic; Legal certainty; Fair trial","PeriodicalId":184533,"journal":{"name":"ATHENS JOURNAL OF LAW","volume":"68 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130990214","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This study belongs to a more specific project, aiming at exploring the issue of the validity of arbitration clauses in international commercial arbitration when the main contract is not established, and addressing the issue of determining the validity of arbitration clauses in transnational commercial disputes to provide commercial operators, arbitrators or judges with guidelines and references for their ideas. This study is based on the classical jurisprudence of private international law, common law, and international commercial arbitration. Furthermore, based on the customs of international commercial transactions and the contents of the cases, it conducts legal doctrinal analysis, comparative analysis, and case analysis. From different perspectives, these legal norms and issues reflect that the arbitration clause has considerable independence and can typically be established independently of the main contract. The validity of an arbitration clause is based on sufficient formal and substantive elements. The study points out that the determination of the validity of the arbitration clause has its logic of the decision, and it should also apply the process of conclusion of the contract, which includes the conditions of the voluntary agreement of the parties, the process of invitation and negotiation, and the true intention of the parties. Keywords: Autonomy of Will, Independence, Arbitration Clause, Contract
{"title":"The Study on the Effectiveness of Arbitration Clauses in International Commercial Arbitration – From the Perspective of Contract Non-Formation","authors":"Yunbo Zhang","doi":"10.30958/ajl.9-3-10","DOIUrl":"https://doi.org/10.30958/ajl.9-3-10","url":null,"abstract":"This study belongs to a more specific project, aiming at exploring the issue of the validity of arbitration clauses in international commercial arbitration when the main contract is not established, and addressing the issue of determining the validity of arbitration clauses in transnational commercial disputes to provide commercial operators, arbitrators or judges with guidelines and references for their ideas. This study is based on the classical jurisprudence of private international law, common law, and international commercial arbitration. Furthermore, based on the customs of international commercial transactions and the contents of the cases, it conducts legal doctrinal analysis, comparative analysis, and case analysis. From different perspectives, these legal norms and issues reflect that the arbitration clause has considerable independence and can typically be established independently of the main contract. The validity of an arbitration clause is based on sufficient formal and substantive elements. The study points out that the determination of the validity of the arbitration clause has its logic of the decision, and it should also apply the process of conclusion of the contract, which includes the conditions of the voluntary agreement of the parties, the process of invitation and negotiation, and the true intention of the parties. Keywords: Autonomy of Will, Independence, Arbitration Clause, Contract","PeriodicalId":184533,"journal":{"name":"ATHENS JOURNAL OF LAW","volume":"114 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116531420","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The importance of corporate social responsibility (CSR) activities has increased in recent years. More undertakings active on different markets are becoming aware of the importance of improving labour policies, investing in safety training of employees, environmental protection, local community-related projects, volunteering, and charitable activities. At issue is whether higher degrees of competition associated with periods of economic crisis will affect the degree of competition on the market in a favourable or a non-favourable manner. Based on statistical data currently available, this paper will analyse whether higher levels of competition will increase investments in CSR activities to create trustworthy firms that will survive even in economically harsh periods, or will otherwise reduce the aforementioned types of investments and thereby facilitate the flourishing of anticompetitive practices on the market. This paper will first start with a short presentation of the concept, importance and meaning of corporate social responsibility, followed by considerations related to the importance of ethics in competition law. Finally, the author will analyse the impact of competition on CSR-related activities and the ways in which the pressure of competition can impact on CSR investments. Keywords: Corporate social responsibility; Competition; Anticompetitive practices; CSR activities; CSR investments
{"title":"Religion and Belief Discrimination at Work: Legal Challenges in the UK","authors":"I. Lazar","doi":"10.30958/ajl.9-3-5","DOIUrl":"https://doi.org/10.30958/ajl.9-3-5","url":null,"abstract":"The importance of corporate social responsibility (CSR) activities has increased in recent years. More undertakings active on different markets are becoming aware of the importance of improving labour policies, investing in safety training of employees, environmental protection, local community-related projects, volunteering, and charitable activities. At issue is whether higher degrees of competition associated with periods of economic crisis will affect the degree of competition on the market in a favourable or a non-favourable manner. Based on statistical data currently available, this paper will analyse whether higher levels of competition will increase investments in CSR activities to create trustworthy firms that will survive even in economically harsh periods, or will otherwise reduce the aforementioned types of investments and thereby facilitate the flourishing of anticompetitive practices on the market. This paper will first start with a short presentation of the concept, importance and meaning of corporate social responsibility, followed by considerations related to the importance of ethics in competition law. Finally, the author will analyse the impact of competition on CSR-related activities and the ways in which the pressure of competition can impact on CSR investments. Keywords: Corporate social responsibility; Competition; Anticompetitive practices; CSR activities; CSR investments","PeriodicalId":184533,"journal":{"name":"ATHENS JOURNAL OF LAW","volume":"179 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116218075","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In most European cities, urban transport is responsible for the majority of energy consumption, the emission of pollutants into the air, traffic congestion and noise, and in the last century we have faced an increase in urban mobility and a growing tendency to use private, as opposed to public transport, and an increase in the number of vehicles. The strictly private economic rationality of citizens explains this trend and the market will regulate it, albeit with largely avoidable social costs of congestion. Supply policies, that is, more and more extensive routes, are those that have been carried out almost exclusively traditionally, but these have been insufficient and, paradoxically, have even caused effects contrary to those intended, in the light of the state of empirical experiences, not to mention the waste of public resources that may be destined for more socially profitable alternative uses. As a consequence, where there is the greatest room for manoeuvre for urban transport policy is found in demand, that is, in the use of available means of urban transport. In recent decades, a good number of partial demand measures have been tried in European cities, such as subsidies for buses and subways, ecological fuels, car-sharing, smart cards, road-pricing, park-pricing, one day without a car, distribution of departure times at the end of the working day, etc. This paper focuses on Road Pricing, pointing out the experiences of the cities in which it has been put into practice but, mainly, examining its economic foundation and the design that should inspire collaboration in terms of achieving a more efficient and socially equitable urban mobility model. Keywords: Taxes; Automobiles; Highways; Payments; Urban congestion; Polluters.
{"title":"Low Emission Areas vs. Urban Congestion Taxes","authors":"José Manuel Castillo López","doi":"10.30958/ajl.9-3-3","DOIUrl":"https://doi.org/10.30958/ajl.9-3-3","url":null,"abstract":"In most European cities, urban transport is responsible for the majority of energy consumption, the emission of pollutants into the air, traffic congestion and noise, and in the last century we have faced an increase in urban mobility and a growing tendency to use private, as opposed to public transport, and an increase in the number of vehicles. The strictly private economic rationality of citizens explains this trend and the market will regulate it, albeit with largely avoidable social costs of congestion. Supply policies, that is, more and more extensive routes, are those that have been carried out almost exclusively traditionally, but these have been insufficient and, paradoxically, have even caused effects contrary to those intended, in the light of the state of empirical experiences, not to mention the waste of public resources that may be destined for more socially profitable alternative uses. As a consequence, where there is the greatest room for manoeuvre for urban transport policy is found in demand, that is, in the use of available means of urban transport. In recent decades, a good number of partial demand measures have been tried in European cities, such as subsidies for buses and subways, ecological fuels, car-sharing, smart cards, road-pricing, park-pricing, one day without a car, distribution of departure times at the end of the working day, etc. This paper focuses on Road Pricing, pointing out the experiences of the cities in which it has been put into practice but, mainly, examining its economic foundation and the design that should inspire collaboration in terms of achieving a more efficient and socially equitable urban mobility model. Keywords: Taxes; Automobiles; Highways; Payments; Urban congestion; Polluters.","PeriodicalId":184533,"journal":{"name":"ATHENS JOURNAL OF LAW","volume":"36 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127653972","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Since the earliest classic division of law into public law and private law, envisioned by the 3rd century Roman legal expert Ulpian, interdisciplinarity as a fundamental feature of the law has currently become noteworthy. The recent exceptional pandemic situation that we have faced, which can easily be regarded as “crisis,” has revealed once more that reference to society can only be made by resorting not only to law but also to ethics and morals. Public authorities have often found themselves in the position of making administrative decisions for the population, objected by the great majority, as fundamental rights have been restricted for short periods of time. This paper addresses a current topic of interest, namely Considering interdisciplinarity, can we speak nowadays of a new public law? If so, what should we do with the old law? Should we discard it or rebuild it? These questions are answered herein by using research methods specific to law, in order to emphasise the conclusions according to which the measures for good administration carried out by public authorities must express both the letter of the law and the spirit of the law, taking the general interests of society into account. Keywords: Public law; Public Interest; European Ombudsman; Maladministration; The Venice Commission.
{"title":"News and Perspectives of Public Law","authors":"E. Ştefan","doi":"10.30958/ajl.9-3-4","DOIUrl":"https://doi.org/10.30958/ajl.9-3-4","url":null,"abstract":"Since the earliest classic division of law into public law and private law, envisioned by the 3rd century Roman legal expert Ulpian, interdisciplinarity as a fundamental feature of the law has currently become noteworthy. The recent exceptional pandemic situation that we have faced, which can easily be regarded as “crisis,” has revealed once more that reference to society can only be made by resorting not only to law but also to ethics and morals. Public authorities have often found themselves in the position of making administrative decisions for the population, objected by the great majority, as fundamental rights have been restricted for short periods of time. This paper addresses a current topic of interest, namely Considering interdisciplinarity, can we speak nowadays of a new public law? If so, what should we do with the old law? Should we discard it or rebuild it? These questions are answered herein by using research methods specific to law, in order to emphasise the conclusions according to which the measures for good administration carried out by public authorities must express both the letter of the law and the spirit of the law, taking the general interests of society into account. Keywords: Public law; Public Interest; European Ombudsman; Maladministration; The Venice Commission.","PeriodicalId":184533,"journal":{"name":"ATHENS JOURNAL OF LAW","volume":"93 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130064489","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Jessye Norman was an American opera singer. She died on October 1, 2019. On October 2, 2019, my wife got a grim diagnosis that put me in a stupor and reminded me, now more than ever, that my generation (that did so much good in the world) stands in line waiting for the Grim Reaper’s call. In a seventy-years (that have gone by too fast) I have watched my peers run from the realms of privacy, spaces where people implemented life plans uninterrupted by neighbours that were discernible, palpable, and real to everybody, to a realm where there is none. Why? This paper takes a stab at answering that question and, in so doing, reclaiming bits of what we have lost with workable ideas, a Michigan statute, the Restatement of Torts, stories, and case law. The undertaking collects things with catch phrases and, with a trove in hand, assembles and weaves together a narrative that will help us. There are guides for the reader to follow to help him through the essay: new beginning, ploughing the ground, tree stumps and stone obstacles, furrowed fields, and so on. It ends with a deep conviction that “we’ve relinquished too much of ourselves to claim anything as private.” Everybody knows something about everybody. Who you are and what you are and where you have been are in the hands of others.
{"title":"An Essay about Privacy","authors":"Ronald C. Griffin","doi":"10.30958/ajl.9-3-1","DOIUrl":"https://doi.org/10.30958/ajl.9-3-1","url":null,"abstract":"Jessye Norman was an American opera singer. She died on October 1, 2019. On October 2, 2019, my wife got a grim diagnosis that put me in a stupor and reminded me, now more than ever, that my generation (that did so much good in the world) stands in line waiting for the Grim Reaper’s call. In a seventy-years (that have gone by too fast) I have watched my peers run from the realms of privacy, spaces where people implemented life plans uninterrupted by neighbours that were discernible, palpable, and real to everybody, to a realm where there is none. Why? This paper takes a stab at answering that question and, in so doing, reclaiming bits of what we have lost with workable ideas, a Michigan statute, the Restatement of Torts, stories, and case law. The undertaking collects things with catch phrases and, with a trove in hand, assembles and weaves together a narrative that will help us. There are guides for the reader to follow to help him through the essay: new beginning, ploughing the ground, tree stumps and stone obstacles, furrowed fields, and so on. It ends with a deep conviction that “we’ve relinquished too much of ourselves to claim anything as private.” Everybody knows something about everybody. Who you are and what you are and where you have been are in the hands of others.","PeriodicalId":184533,"journal":{"name":"ATHENS JOURNAL OF LAW","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125480803","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In this study, we want to analyse the legal framework of the European Union regarding family leaves and flexible work formulas, measures that the Member States must take by transposing the Directive 2019/1158 of the European Parliament and the Council of Europe on work-life balance for parents and caregivers. A novelty in the Union legislation is the fact that this Directive replaces the notion of “reconciliation” with that of “balance”, and the notion of “family life” with that of “private life of parents and caregivers”. Also, the Directive, which had to be transposed by all EU Member States by August 22, 2022, aims to promote and facilitate the reintegration of mothers into the labour market after the period of maternity leave and parental leave, but, in particular: fathers’ right to paternity leave, parental leave, caregiver’s leave and not least, flexible working arrangements for workers who are parents or caregivers. As for fathers’ right to paternity leave, the EU legislator provides that it can be requested around the child’s birth date, before or after birth and should be granted regardless of the marital or family status, as will be defined in the internal law of each state. The parental leave granted to fathers can be extended by one or two months, a period of time that cannot be transferred to the other parent. The right to this leave will be guaranteed, by law, to all workers who have parental responsibilities. Finally, we will analyse how Romania transposed this Directive into the internal legislation. Keywords: European Union, private life of parents and caregivers; Parental leave; Flexible working; Transposing the Directive (EU) 2019/1158 into the internal legislation
{"title":"Legislative Mechanisms of the European Union and of Transposition into the Romanian Legislation Concerning the Problem of Work-Life Balance for Parents and Caregivers - Sociological Aspects","authors":"Iulia Boghirnea","doi":"10.30958/ajl.9-3-9","DOIUrl":"https://doi.org/10.30958/ajl.9-3-9","url":null,"abstract":"In this study, we want to analyse the legal framework of the European Union regarding family leaves and flexible work formulas, measures that the Member States must take by transposing the Directive 2019/1158 of the European Parliament and the Council of Europe on work-life balance for parents and caregivers. A novelty in the Union legislation is the fact that this Directive replaces the notion of “reconciliation” with that of “balance”, and the notion of “family life” with that of “private life of parents and caregivers”. Also, the Directive, which had to be transposed by all EU Member States by August 22, 2022, aims to promote and facilitate the reintegration of mothers into the labour market after the period of maternity leave and parental leave, but, in particular: fathers’ right to paternity leave, parental leave, caregiver’s leave and not least, flexible working arrangements for workers who are parents or caregivers. As for fathers’ right to paternity leave, the EU legislator provides that it can be requested around the child’s birth date, before or after birth and should be granted regardless of the marital or family status, as will be defined in the internal law of each state. The parental leave granted to fathers can be extended by one or two months, a period of time that cannot be transferred to the other parent. The right to this leave will be guaranteed, by law, to all workers who have parental responsibilities. Finally, we will analyse how Romania transposed this Directive into the internal legislation. Keywords: European Union, private life of parents and caregivers; Parental leave; Flexible working; Transposing the Directive (EU) 2019/1158 into the internal legislation","PeriodicalId":184533,"journal":{"name":"ATHENS JOURNAL OF LAW","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121650910","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Japan is said to be a peace-loving country. In fact, the State’s history indicates that Japan and its politicians have surely sought positive ways to dispatch Japan’s SDF personnel to UN or international operations for the pursuit of UN-centred policy, despite the State’s constitutional constraints. For example, Japan created or amended several laws including the PKO Law in 1992 as well as the JDR Law in 1987 and the Anti-Terrorism Law in 2001. Therefore, one can identify the evolving process of Japan’s contribution to international peace. However, at the time of writing, Japan’s contribution to UN peacekeeping is token. This article points out several restrictions and advantages for Japan to dispatch forces to overseas operations. The restrictions include legal, diplomatic, and situational ones. The advantages include ones due to the State’s record in the UN, due to the state’s diverse and comprehensive approaches to international peace, and those due to the current situation of international peace and security. Japan should take advantage of its middle-power status for its contribution to international peace. Keywords: Japan; International peace; The UN; Middle power
{"title":"Japan’s Contribution to International Peace: Restrictions and Advantages","authors":"Katsumi Ishizuka","doi":"10.30958/ajl.9-3-2","DOIUrl":"https://doi.org/10.30958/ajl.9-3-2","url":null,"abstract":"Japan is said to be a peace-loving country. In fact, the State’s history indicates that Japan and its politicians have surely sought positive ways to dispatch Japan’s SDF personnel to UN or international operations for the pursuit of UN-centred policy, despite the State’s constitutional constraints. For example, Japan created or amended several laws including the PKO Law in 1992 as well as the JDR Law in 1987 and the Anti-Terrorism Law in 2001. Therefore, one can identify the evolving process of Japan’s contribution to international peace. However, at the time of writing, Japan’s contribution to UN peacekeeping is token. This article points out several restrictions and advantages for Japan to dispatch forces to overseas operations. The restrictions include legal, diplomatic, and situational ones. The advantages include ones due to the State’s record in the UN, due to the state’s diverse and comprehensive approaches to international peace, and those due to the current situation of international peace and security. Japan should take advantage of its middle-power status for its contribution to international peace. Keywords: Japan; International peace; The UN; Middle power","PeriodicalId":184533,"journal":{"name":"ATHENS JOURNAL OF LAW","volume":"102 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132635018","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The UK continues to be more ethnically and religiously diverse. The inclusion of religion and belief within the UK Equality Law framework however has been controversial since its inception in 2003. The aim of this paper is to examine the practical and legal complexities associated with religion or belief discrimination in the UK. Drawing on an analysis of religion and belief claims from 2003 onwards and using illustrative case law, the study highlights several thematic areas of litigation relevant to employers, potential claimants and legal advisors. The paper offers insights into the underdeveloped legal debates and variations in how tribunals and the courts have interpreted and applied the law. Keywords: Religion and Belief; Discrimination; Equality Law; Labour Law
{"title":"Religion and Belief Discrimination at Work: Legal Challenges in the UK","authors":"","doi":"10.30958/ajl.9-3-6","DOIUrl":"https://doi.org/10.30958/ajl.9-3-6","url":null,"abstract":"The UK continues to be more ethnically and religiously diverse. The inclusion of religion and belief within the UK Equality Law framework however has been controversial since its inception in 2003. The aim of this paper is to examine the practical and legal complexities associated with religion or belief discrimination in the UK. Drawing on an analysis of religion and belief claims from 2003 onwards and using illustrative case law, the study highlights several thematic areas of litigation relevant to employers, potential claimants and legal advisors. The paper offers insights into the underdeveloped legal debates and variations in how tribunals and the courts have interpreted and applied the law. Keywords: Religion and Belief; Discrimination; Equality Law; Labour Law","PeriodicalId":184533,"journal":{"name":"ATHENS JOURNAL OF LAW","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136016189","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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