The objective of this work is to emphasize the role of global law in the current legal reality and the importance of autonomy of the will in regulating international legal relationships. The study starts from the existence of a legally fragmented world and the differentiation of three levels of regulation of legal relationships with a foreign element. One block of universal regulation, consisting of international treaties and rules of uniform law, another regional level based on the existence of regional integration organizations with their own regulations, and finally a diminishing state level, formed by national legal systems. Whether in a phase of globalization or post-globalization, the juridical reality of international trade and legal relations, in general, undergo significant changes that are worth analyzing. The perspective of global law allows us to contemplate this juridical reality from an eminently practical standpoint, which places the autonomy of will as the protagonist of the legal framework for international contracting, and points to an increasingly significant role in the field of personal and family legal relations.
{"title":"EUROPEAN PRIVATE INTERNATIONAL LAW AND NATIONAL CIVIL CODES:INTERACTIONS AND SYNERGIES","authors":"Martín Salazar","doi":"10.54934/ijlcw.v2i2.62","DOIUrl":"https://doi.org/10.54934/ijlcw.v2i2.62","url":null,"abstract":"The objective of this work is to emphasize the role of global law in the current legal reality and the importance of autonomy of the will in regulating international legal relationships. The study starts from the existence of a legally fragmented world and the differentiation of three levels of regulation of legal relationships with a foreign element. One block of universal regulation, consisting of international treaties and rules of uniform law, another regional level based on the existence of regional integration organizations with their own regulations, and finally a diminishing state level, formed by national legal systems. Whether in a phase of globalization or post-globalization, the juridical reality of international trade and legal relations, in general, undergo significant changes that are worth analyzing. The perspective of global law allows us to contemplate this juridical reality from an eminently practical standpoint, which places the autonomy of will as the protagonist of the legal framework for international contracting, and points to an increasingly significant role in the field of personal and family legal relations.","PeriodicalId":212137,"journal":{"name":"International Journal of Law in Changing World","volume":"42 47","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139151167","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 article analyses the BRICS countries' understanding of the right to development through the prism of this political entity's internal structure, declarations, and official legal documents. The authors conclude that implementing and applying this right in international law is necessary to further develop society and social relations. The article also identifies the problems of understanding human rights in civilisations, which results from different historical, social, economic,and political developments. The article shows regional unions' understanding of human rights in this regard. Developing countries' defence of this right to development. It also analyses the idea of the President of the People's Republic of China, "Brighter Shared Future for the International Community" for a new world order, which has become a key idea for the BRICS countries.
{"title":"THE RIGHT TO DEVELOPMENT:BRICS’ UNDERSTANDING OF THE HUMAN RIGHTS","authors":"Moritz Hieronymi, Danil Karimov","doi":"10.54934/ijlcw.v2i2.73","DOIUrl":"https://doi.org/10.54934/ijlcw.v2i2.73","url":null,"abstract":"This article analyses the BRICS countries' understanding of the right to development through the prism of this political entity's internal structure, declarations, and official legal documents. The authors conclude that implementing and applying this right in international law is necessary to further develop society and social relations. The article also identifies the problems of understanding human rights in civilisations, which results from different historical, social, economic,and political developments. The article shows regional unions' understanding of human rights in this regard. Developing countries' defence of this right to development. It also analyses the idea of the President of the People's Republic of China, \"Brighter Shared Future for the International Community\" for a new world order, which has become a key idea for the BRICS countries.","PeriodicalId":212137,"journal":{"name":"International Journal of Law in Changing World","volume":"77 5","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139151953","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 article investigates the employment implications for individuals who acquired South African citizenship through naturalization after 27 April 1994, marking the end of apartheid and heralding the post-apartheid era. The study aims to provide insights into the challenges and opportunities faced by these citizens in the labour market, considering the historical context. Employing a qualitative research and historic approach, the study conducts in-depth investigations with naturalized citizens to gain first-hand insights into their experiences and challenges when seeking suitable employment opportunities. The findings of this study reveal the enduring presence of discrimination and difficulties in skills recognition and social integration for naturalized citizens in the labour market. However, the research also highlights significant advantages stemming from their language proficiency and cultural adaptability, which can positively influence their job performance and overall workplace dynamics. Policymakers,employers, and stakeholders can draw valuable insights from this research to design and implement targeted policies and initiatives aimed at fostering a more inclusive and equitable work environment.
{"title":"EMPLOYMENT IMPLICATIONS FOR NATURALIZED SOUTH AFRICAN CITIZENS","authors":"W. Mokofe","doi":"10.54934/ijlcw.v2i2.64","DOIUrl":"https://doi.org/10.54934/ijlcw.v2i2.64","url":null,"abstract":"This article investigates the employment implications for individuals who acquired South African citizenship through naturalization after 27 April 1994, marking the end of apartheid and heralding the post-apartheid era. The study aims to provide insights into the challenges and opportunities faced by these citizens in the labour market, considering the historical context. Employing a qualitative research and historic approach, the study conducts in-depth investigations with naturalized citizens to gain first-hand insights into their experiences and challenges when seeking suitable employment opportunities. The findings of this study reveal the enduring presence of discrimination and difficulties in skills recognition and social integration for naturalized citizens in the labour market. However, the research also highlights significant advantages stemming from their language proficiency and cultural adaptability, which can positively influence their job performance and overall workplace dynamics. Policymakers,employers, and stakeholders can draw valuable insights from this research to design and implement targeted policies and initiatives aimed at fostering a more inclusive and equitable work environment.","PeriodicalId":212137,"journal":{"name":"International Journal of Law in Changing World","volume":"45 5","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139149936","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}
Dear Readers,We proudly present the Second Issue of the International Journal of Law in Changing World –IJLCW–volume two. We are delighted that this Issue is an example of international knowledge exchange. Authors worldwide presented their papers on current legal problems in South Africa, Russia, India, Greece, Spain, Algeria, and Iran. Our authors gave the Journal the honor of publishing highly relevant research papers devoted to different aspects of law and regulations that the modern world faces. This Issue presents the paper "European private international law and national civil codes: interactions and Synergies." Professor Martín Jesús Urrea Salazar (Spain) explores the role of global law in the current legal reality and the importance of autonomy of the will in regulating international legal relationships.The following paper is entitled "Employment Implications for naturalized South African citizens" by William Manga Mokofe (South Africa). Considering the historical context, the author provides insights into the challenges and opportunities these citizens face in the labor market."The human right to safe drinking water -a study of the prospects for the accession of Arab countries to the 1992 Water Convention" by Laidani Mohammed and Djairene Aissa (Algeria) devoted to identifying the international recognition of the human right tosafe and safe drinking water, as well as the 1992 Water Convention, which works to protect and use transboundary watercourses and international lakes and their relationship to sustainable development and environmental protection, as well as the prospects and consequences of the accession of Arab countries to this Convention to ensure water security.The paper "The right to explanation in the processing of personal data with the use of AI systems" by Professor Eleftheria (Ria) Papadimitriou (Greece) refers to the legal basis of a new, independent, sui generis right to explanation that data subjects areafforded when automated decision-making processing takes place."Artificial intelligence and its role in the development of the future of arbitration" by Mohammad Ali Solhchi and Faraz Baghbanno (Iran) studies ethical considerations such as privacy and bias that must be taken into account to ensure that AI does not compromise fairness or jeopardize confidentiality in arbitration proceedings. The paper "Artificial Intelligence and National Security: perspective of the Global South" by Kushal Srivastava (India) aims to depict a descriptive approach to the perspective of the global South, and it analyses the entire situation of AI and its prospective future in the cyber security and national security of the connected nations. Another paper, "The Doctrine of Beneficial Ownership in Russian Law" by Tikhon Podshivalov (Russia), addresses the problems of differentiation of the spheres of application of doctrine, the piercing corporate veils and the doctrine of beneficial ownership.Both of these doctrines are grounds to challeng
{"title":"Introduction to the Second Issue of 2023","authors":"E. Gromova, D. Ferreira","doi":"10.54934/ijlcw.v2i2.74","DOIUrl":"https://doi.org/10.54934/ijlcw.v2i2.74","url":null,"abstract":"Dear Readers,We proudly present the Second Issue of the International Journal of Law in Changing World –IJLCW–volume two. We are delighted that this Issue is an example of international knowledge exchange. Authors worldwide presented their papers on current legal problems in South Africa, Russia, India, Greece, Spain, Algeria, and Iran. Our authors gave the Journal the honor of publishing highly relevant research papers devoted to different aspects of law and regulations that the modern world faces. This Issue presents the paper \"European private international law and national civil codes: interactions and Synergies.\" Professor Martín Jesús Urrea Salazar (Spain) explores the role of global law in the current legal reality and the importance of autonomy of the will in regulating international legal relationships.The following paper is entitled \"Employment Implications for naturalized South African citizens\" by William Manga Mokofe (South Africa). Considering the historical context, the author provides insights into the challenges and opportunities these citizens face in the labor market.\"The human right to safe drinking water -a study of the prospects for the accession of Arab countries to the 1992 Water Convention\" by Laidani Mohammed and Djairene Aissa (Algeria) devoted to identifying the international recognition of the human right tosafe and safe drinking water, as well as the 1992 Water Convention, which works to protect and use transboundary watercourses and international lakes and their relationship to sustainable development and environmental protection, as well as the prospects and consequences of the accession of Arab countries to this Convention to ensure water security.The paper \"The right to explanation in the processing of personal data with the use of AI systems\" by Professor Eleftheria (Ria) Papadimitriou (Greece) refers to the legal basis of a new, independent, sui generis right to explanation that data subjects areafforded when automated decision-making processing takes place.\"Artificial intelligence and its role in the development of the future of arbitration\" by Mohammad Ali Solhchi and Faraz Baghbanno (Iran) studies ethical considerations such as privacy and bias that must be taken into account to ensure that AI does not compromise fairness or jeopardize confidentiality in arbitration proceedings. The paper \"Artificial Intelligence and National Security: perspective of the Global South\" by Kushal Srivastava (India) aims to depict a descriptive approach to the perspective of the global South, and it analyses the entire situation of AI and its prospective future in the cyber security and national security of the connected nations. Another paper, \"The Doctrine of Beneficial Ownership in Russian Law\" by Tikhon Podshivalov (Russia), addresses the problems of differentiation of the spheres of application of doctrine, the piercing corporate veils and the doctrine of beneficial ownership.Both of these doctrines are grounds to challeng","PeriodicalId":212137,"journal":{"name":"International Journal of Law in Changing World","volume":"37 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139150442","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}
AI has proven to be a powerful tool in various fields, and its integration into arbitration is highly anticipated due to its potential to improve efficiency, accuracy, and objectivity. This paper aimed to analyze how AI can help streamline arbitration, reduce costs, ensure faster dispute resolution, and improve accessibility. By using machine learning algorithms and natural language processing techniques, AI systems can analyze large volumes of legal text, extract relevant information, recognize patterns, and predict case outcomes. In addition, AI-driven chatbots could provide users with instant support and assistance in navigating the complex arbitration process. However, ethical considerations such as privacy and bias must be taken into account to ensure that AI does not compromise fairness or jeopardize confidentiality in arbitration proceedings. The article concludes with an examination of the transformative impact that artificial intelligence will have on the future of arbitration and emphasizes the needfor continued research and collaboration to realize its full potential while preserving the integrity of arbitration practice.
{"title":"ARTIFICIAL INTELLIGENCE AND ITS ROLE IN THE DEVELOPMENT OF THE FUTURE OF ARBITRATION","authors":"Mohammad Solhchi, Faraz Baghbanno","doi":"10.54934/ijlcw.v2i2.56","DOIUrl":"https://doi.org/10.54934/ijlcw.v2i2.56","url":null,"abstract":"AI has proven to be a powerful tool in various fields, and its integration into arbitration is highly anticipated due to its potential to improve efficiency, accuracy, and objectivity. This paper aimed to analyze how AI can help streamline arbitration, reduce costs, ensure faster dispute resolution, and improve accessibility. By using machine learning algorithms and natural language processing techniques, AI systems can analyze large volumes of legal text, extract relevant information, recognize patterns, and predict case outcomes. In addition, AI-driven chatbots could provide users with instant support and assistance in navigating the complex arbitration process. However, ethical considerations such as privacy and bias must be taken into account to ensure that AI does not compromise fairness or jeopardize confidentiality in arbitration proceedings. The article concludes with an examination of the transformative impact that artificial intelligence will have on the future of arbitration and emphasizes the needfor continued research and collaboration to realize its full potential while preserving the integrity of arbitration practice.","PeriodicalId":212137,"journal":{"name":"International Journal of Law in Changing World","volume":"14 8","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139150632","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 right to water expresses one of the basic rights enjoyed by the human beings, as it is called for by international conventions and the international community. Countries seek to secure it and ensure its provision to individuals and impose it at the international and regional levels as Arab countries are not immune from ensuring water security for their individuals, and for this reason, they had to unite their initiatives in light of the current challenges and work side by side to recognize this right through their accession to the 1992 Water Convention and adoption of regional agreements that unify different views. The aim of this research paper is to identify the international recognition of the human right to safe and safe drinking water, as well as the 1992 Water Convention, and their relationship to sustainable development and environmental protection, as well as the prospects and consequences of the accession of Arab countries to this Convention in order to ensure water security for their members.
{"title":"THE HUMAN RIGHT TO SAFE DRINKING WATER:A STUDY OF THE PROSPECTS FOR THE ACCESSION OF ARAB COUNTRIES TO THE 1992 WATER CONVENTION","authors":"Laidani Mohammed, Djairene Aissa","doi":"10.54934/ijlcw.v2i2.52","DOIUrl":"https://doi.org/10.54934/ijlcw.v2i2.52","url":null,"abstract":"The right to water expresses one of the basic rights enjoyed by the human beings, as it is called for by international conventions and the international community. Countries seek to secure it and ensure its provision to individuals and impose it at the international and regional levels as Arab countries are not immune from ensuring water security for their individuals, and for this reason, they had to unite their initiatives in light of the current challenges and work side by side to recognize this right through their accession to the 1992 Water Convention and adoption of regional agreements that unify different views. The aim of this research paper is to identify the international recognition of the human right to safe and safe drinking water, as well as the 1992 Water Convention, and their relationship to sustainable development and environmental protection, as well as the prospects and consequences of the accession of Arab countries to this Convention in order to ensure water security for their members.","PeriodicalId":212137,"journal":{"name":"International Journal of Law in Changing World","volume":"54 6","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139150950","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}
Transparency is one of the basic principles enshrined in the General Data Protection Regulation (GDRP). Achieving transparency in automated decision-making processing especially when artificial intelligence (AI) is involved is a challenging task on many aspects. The opaqueness of AI systems that usually is referred as the “black-box” phenomenon is the main problem in having explainable and accountable AI. Computer scientists are working on explainable AI (XAI) technics in order to make AI more trustworthy. On the same vein, thus from a different perspective, the European legislator provides in the GDPR with aright to information when automated decision-making processing takes place. The data subject has the right to be informed on the logic involved and to challenge the automated decision-making. GDPR introduces, therefore, sui generisright to explanation in automated decision-making process. Under this light, the paper analyzes the legal basis of this right and the technical barriers involved.
{"title":"THE RIGHT TO EXPLANATION IN THE PROCESSING OF PERSONAL DATA WITH THE USE OF AI SYSTEMS","authors":"Ria Papadimitriou","doi":"10.54934/ijlcw.v2i2.53","DOIUrl":"https://doi.org/10.54934/ijlcw.v2i2.53","url":null,"abstract":"Transparency is one of the basic principles enshrined in the General Data Protection Regulation (GDRP). Achieving transparency in automated decision-making processing especially when artificial intelligence (AI) is involved is a challenging task on many aspects. The opaqueness of AI systems that usually is referred as the “black-box” phenomenon is the main problem in having explainable and accountable AI. Computer scientists are working on explainable AI (XAI) technics in order to make AI more trustworthy. On the same vein, thus from a different perspective, the European legislator provides in the GDPR with aright to information when automated decision-making processing takes place. The data subject has the right to be informed on the logic involved and to challenge the automated decision-making. GDPR introduces, therefore, sui generisright to explanation in automated decision-making process. Under this light, the paper analyzes the legal basis of this right and the technical barriers involved.","PeriodicalId":212137,"journal":{"name":"International Journal of Law in Changing World","volume":"80 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139151918","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}
More than six decades since its inception, Artificial Intelligence (AI) stands at the cusp of a transformative shift. The global perspective on AI has evolved optimistically, as it increasingly permeates every facet of human life. AI is revolutionizing national security strategies and capabilities worldwide, but its impact on the Global South remains a topic of growing significance and concern. Every nation actively seeks to bolster internal security through AI-driven initiatives, including surveillance, cyber security, and autonomous technologies. This review paper delves into AI's role in analyzing vast datasets, uncovering patterns, and identifying security threats and challenges focusing specifically on the Global South. It considers the potential advantages AI offers in enhancing national security capabilities while addressing concerns surrounding its integration. Drawing from existing literature, it presents a comprehensive analysis of AI's prospective future in the cyber and national security domains within these nations. Ultimately, this paper aims to answer whether AI serves as a facilitator in strengthening internal security or poses unforeseen challenges and raises the importance of capacity-building, technology transfer, and international cooperation. It provides valuable insights into the evolving landscape of AI in the context of national security in the Global South.
{"title":"ARTIFICIAL INTELLIGENCE AND NATIONAL SECURITY: PERSPECTIVE OF THE GLOBAL SOUTH","authors":"Kushal Srivastava","doi":"10.54934/ijlcw.v2i2.63","DOIUrl":"https://doi.org/10.54934/ijlcw.v2i2.63","url":null,"abstract":"More than six decades since its inception, Artificial Intelligence (AI) stands at the cusp of a transformative shift. The global perspective on AI has evolved optimistically, as it increasingly permeates every facet of human life. AI is revolutionizing national security strategies and capabilities worldwide, but its impact on the Global South remains a topic of growing significance and concern. Every nation actively seeks to bolster internal security through AI-driven initiatives, including surveillance, cyber security, and autonomous technologies. This review paper delves into AI's role in analyzing vast datasets, uncovering patterns, and identifying security threats and challenges focusing specifically on the Global South. It considers the potential advantages AI offers in enhancing national security capabilities while addressing concerns surrounding its integration. Drawing from existing literature, it presents a comprehensive analysis of AI's prospective future in the cyber and national security domains within these nations. Ultimately, this paper aims to answer whether AI serves as a facilitator in strengthening internal security or poses unforeseen challenges and raises the importance of capacity-building, technology transfer, and international cooperation. It provides valuable insights into the evolving landscape of AI in the context of national security in the Global South.","PeriodicalId":212137,"journal":{"name":"International Journal of Law in Changing World","volume":"20 13","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139148585","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 article deals with the problems of differentiation of the spheres of application of doctrine, the piercing corporate veils and the doctrine of beneficial ownership. Bothdoctrines are used to challenge corporate decisions. Challenging is possible if a person exercising corporate control has abused themor has lost the reality of its course.The article proposes solution of the problem when persons controlling a legal entity, thus structuring contractual relations, so as not to lose control over the company and in cases of introduction of bankruptcy procedures, and transfer of management by its creditor.The doctrine of beneficial ownership is applicable where the following conditions are met: the beneficiary makes a full disclosure of corporate information and details of the business structure; the complexity of the business structure is immaterial; the beneficiary has proved that he exercised corporate control over the company whose decision or transaction he is contesting, but has lost this control as a result of wrongdoing; the contested resolution of the company's general meeting isvoid (voidable); the beneficiary has acted in good faith; the beneficiary has motivation due to fear of financial losses, which he is certain to suffer unless the transaction or decision is contested; the doctrine is applied by way of exception.
{"title":"THE DOCTRINE OF BENEFICIAL OWNERSHIP IN RUSSIAN LAW","authors":"T. Podshivalov","doi":"10.54934/ijlcw.v2i2.70","DOIUrl":"https://doi.org/10.54934/ijlcw.v2i2.70","url":null,"abstract":"The article deals with the problems of differentiation of the spheres of application of doctrine, the piercing corporate veils and the doctrine of beneficial ownership. Bothdoctrines are used to challenge corporate decisions. Challenging is possible if a person exercising corporate control has abused themor has lost the reality of its course.The article proposes solution of the problem when persons controlling a legal entity, thus structuring contractual relations, so as not to lose control over the company and in cases of introduction of bankruptcy procedures, and transfer of management by its creditor.The doctrine of beneficial ownership is applicable where the following conditions are met: the beneficiary makes a full disclosure of corporate information and details of the business structure; the complexity of the business structure is immaterial; the beneficiary has proved that he exercised corporate control over the company whose decision or transaction he is contesting, but has lost this control as a result of wrongdoing; the contested resolution of the company's general meeting isvoid (voidable); the beneficiary has acted in good faith; the beneficiary has motivation due to fear of financial losses, which he is certain to suffer unless the transaction or decision is contested; the doctrine is applied by way of exception.","PeriodicalId":212137,"journal":{"name":"International Journal of Law in Changing World","volume":"212 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139152971","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 the ever-evolving digital landscape, Non-Fungible Tokens (NFTs) have emerged as a disruptive force, challenging the traditional paradigms of digital asset ownership and control. As Fortnow and Terry aptly highlight, NFTs seek to redefine the relationship between creatives, users, and digital artwork, a relationship historically dominated by powerful online intermediaries operating under the access model [1].The prevailing access model, underpinned by a blend of technological, legal, and market dynamics, has largely curtailed the ability of creators and individual internet users to exert meaningful control over digital assets. Instead, these assets are predominantly governed by centralized intermediaries, offering seemingly unlimited access. While this model boasts advantages, such as a robust rights management system ensuring IP security and user convenience [4], it is not without its criticisms. The most glaring concern for creators is the 'value gap' -the disparity between the value generated by intermediaries and the compensation received by content creators [3]. This concern was so profound that it catalysed significant reforms in the EU's digital platform regulations in the form of the DSM Directive and, most recently, the DSA Act [2].Centralized intermediaries, with their overarching influence, have not only skewed the value distribution but have also left users vulnerable. The tentative nature of access rights means users can be deprived of their digital assets without warning, rendering them powerless against potential misuse by these intermediaries [5].This special issue of the journal underscores the profound impact of NFTs on Intellectual Property law. We are privileged to feature contributions that delve deep into this relationship from diverse legal perspectives. Dr. Ioanna Lapatoura offers a compelling analysis of the intricate relationship between NFTs and trademark law, using the MetaBirkins case as a focal point. Daniel Becker and Aylton Gonçalves, on the other hand, explore the implications of NFTs within the Brazilian legal framework. However, the legal ramifications of NFTs extend beyond IP law. In that context, Matteo Alessandro challenges traditional notions of property in light of NFTs, while Marica Ciantar examines the transformative potential of NFTs and Decentralized Autonomous Organizations (DAOs) in reshaping collective organizational governance. Prof. Dr.Yulia S. Kharitonova exploredlegal issues of decentralized services in the context of utility NFTs. J.-G. A. Hanneman researched DAOs and AI-based Smart Contracts. The darker aspects of NFT transactions are also addressed, with Ass Prof. Dr. Dimitrios Kafteranis, Dr. Huseyin Unozkan and Prof. Dr. Umut Turksen elucidating their alignment with financial crime regulations. Moreover, the discourse on NFTs in private law is expanded upon by Dr. Elena Tzoulia, who highlights their intersection with the secondary digital consumer protection acquis in the EU.This issue ser
{"title":"NFTs and the Legal Landscape -A New Frontier in Intellectual Property, Digital Ownership, Financial Crime, Collective Organisations and Consumer Protectio","authors":"Ioannis Revolidis","doi":"10.54934/ijlcw.v2i3.65","DOIUrl":"https://doi.org/10.54934/ijlcw.v2i3.65","url":null,"abstract":"In the ever-evolving digital landscape, Non-Fungible Tokens (NFTs) have emerged as a disruptive force, challenging the traditional paradigms of digital asset ownership and control. As Fortnow and Terry aptly highlight, NFTs seek to redefine the relationship between creatives, users, and digital artwork, a relationship historically dominated by powerful online intermediaries operating under the access model [1].The prevailing access model, underpinned by a blend of technological, legal, and market dynamics, has largely curtailed the ability of creators and individual internet users to exert meaningful control over digital assets. Instead, these assets are predominantly governed by centralized intermediaries, offering seemingly unlimited access. While this model boasts advantages, such as a robust rights management system ensuring IP security and user convenience [4], it is not without its criticisms. The most glaring concern for creators is the 'value gap' -the disparity between the value generated by intermediaries and the compensation received by content creators [3]. This concern was so profound that it catalysed significant reforms in the EU's digital platform regulations in the form of the DSM Directive and, most recently, the DSA Act [2].Centralized intermediaries, with their overarching influence, have not only skewed the value distribution but have also left users vulnerable. The tentative nature of access rights means users can be deprived of their digital assets without warning, rendering them powerless against potential misuse by these intermediaries [5].This special issue of the journal underscores the profound impact of NFTs on Intellectual Property law. We are privileged to feature contributions that delve deep into this relationship from diverse legal perspectives. Dr. Ioanna Lapatoura offers a compelling analysis of the intricate relationship between NFTs and trademark law, using the MetaBirkins case as a focal point. Daniel Becker and Aylton Gonçalves, on the other hand, explore the implications of NFTs within the Brazilian legal framework. However, the legal ramifications of NFTs extend beyond IP law. In that context, Matteo Alessandro challenges traditional notions of property in light of NFTs, while Marica Ciantar examines the transformative potential of NFTs and Decentralized Autonomous Organizations (DAOs) in reshaping collective organizational governance. Prof. Dr.Yulia S. Kharitonova exploredlegal issues of decentralized services in the context of utility NFTs. J.-G. A. Hanneman researched DAOs and AI-based Smart Contracts. The darker aspects of NFT transactions are also addressed, with Ass Prof. Dr. Dimitrios Kafteranis, Dr. Huseyin Unozkan and Prof. Dr. Umut Turksen elucidating their alignment with financial crime regulations. Moreover, the discourse on NFTs in private law is expanded upon by Dr. Elena Tzoulia, who highlights their intersection with the secondary digital consumer protection acquis in the EU.This issue ser","PeriodicalId":212137,"journal":{"name":"International Journal of Law in Changing World","volume":"130 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139204675","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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