This paper addresses the legal implications of COVID-19 upon the procurement of marine cargo insurance cover. It clarifies the relationship between warranty of seaworthiness and duty of disclosure, both of which are imposed upon the insured cargo owner under contract of marine insurance. The paper discusses the effect of COVID-19 that the insured cargo owner may invoke to rebut the allegation of not satisfying the duty of disclosure in terms of the seaworthiness of a vessel, which may deprive the insured cargo owner of compensation. The study deploys qualitative and black letter approaches by analysing English and US law, and the relevant international documents. The authors suggest that US law should adopt the same approach as English law, so that the insured cargo owner will not be forced to prove the relation between the restrictions imposed under COVID-19 and its failure to disclose material facts related to seaworthiness.
{"title":"How Does COVID-19 Affect Marine Insurance Cover Through the Requirement of Seaworthiness?","authors":"Derar Al-Daboubi, Fahad Al-Kasassbeh","doi":"10.12775/clr.2022.002","DOIUrl":"https://doi.org/10.12775/clr.2022.002","url":null,"abstract":" This paper addresses the legal implications of COVID-19 upon the procurement of marine cargo insurance cover. It clarifies the relationship between warranty of seaworthiness and duty of disclosure, both of which are imposed upon the insured cargo owner under contract of marine insurance. The paper discusses the effect of COVID-19 that the insured cargo owner may invoke to rebut the allegation of not satisfying the duty of disclosure in terms of the seaworthiness of a vessel, which may deprive the insured cargo owner of compensation. The study deploys qualitative and black letter approaches by analysing English and US law, and the relevant international documents. The authors suggest that US law should adopt the same approach as English law, so that the insured cargo owner will not be forced to prove the relation between the restrictions imposed under COVID-19 and its failure to disclose material facts related to seaworthiness.","PeriodicalId":36604,"journal":{"name":"Comparative Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47593281","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}
O. Yaroshenko, N. Melnychuk, R. Prokopiev, H. Anisimova, H. Kaplina
The aim of the article is to conduct research on the issue of whether compulsory vaccination, enshrined in international and national legal acts, violates labour rights. The main research method was a comparison method, which helped to compare the experience of different countries in restricting labour rights in the context of compulsory vaccination against COVID-19. Moreover, the main characteristics of restrictions on labour rights during the COVID-19 period were highlighted using the method of system analysis. The evolution of compulsory vaccination was analysed using a historical-logical method. A formal legal method was applied to generalise, classify, and systematize research results, as well as to present these results. The current outbreak of COVID-19 has provoked trends in discriminatory behaviour in the workplace. Therefore, the restrictions on labour rights must comply with international human rights standards, which, however, largely reflect a position that does not support compulsory vaccination.
{"title":"Violation of Labour Rights in the Context of Compulsory Vaccination Against Covid-19","authors":"O. Yaroshenko, N. Melnychuk, R. Prokopiev, H. Anisimova, H. Kaplina","doi":"10.12775/clr.2022.017","DOIUrl":"https://doi.org/10.12775/clr.2022.017","url":null,"abstract":"The aim of the article is to conduct research on the issue of whether compulsory vaccination, enshrined in international and national legal acts, violates labour rights. The main research method was a comparison method, which helped to compare the experience of different countries in restricting labour rights in the context of compulsory vaccination against COVID-19. Moreover, the main characteristics of restrictions on labour rights during the COVID-19 period were highlighted using the method of system analysis. The evolution of compulsory vaccination was analysed using a historical-logical method. A formal legal method was applied to generalise, classify, and systematize research results, as well as to present these results. The current outbreak of COVID-19 has provoked trends in discriminatory behaviour in the workplace. Therefore, the restrictions on labour rights must comply with international human rights standards, which, however, largely reflect a position that does not support compulsory vaccination.","PeriodicalId":36604,"journal":{"name":"Comparative Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46543246","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 a democratic society, the criminalisation of spreading disinformation is deemed a violation of freedom of expression. The development of information and communication technology, specifically the Internet, has changed people's perceptions of both disinformation and freedom of expression. This research critically analyses criminal law intervention against disinformation and freedom of expression in Indonesia. The research is document research using a comparative approach that analyses laws and regulations on disinformation in Indonesia, Germany, and Singapore. For Indonesian law, this research focuses on the provision of Articles 14 and 15 of Law No. 1/1946, which criminalises disinformation in the public sphere. This research shows that Indonesia needs a new approach regarding the criminal prohibition of spreading disinformation. It recommends that criminal law intervention is limited only to disinformation that is spread on a massive scale and causes significant harm.
{"title":"Criminal Disinformation in Relation to the Freedom of Expression in Indonesia: A Critical Study","authors":"V. Prahassacitta, H. Harkrisnowo","doi":"10.12775/clr.2021.005","DOIUrl":"https://doi.org/10.12775/clr.2021.005","url":null,"abstract":"In a democratic society, the criminalisation of spreading disinformation is deemed a violation of freedom of expression. The development of information and communication technology, specifically the Internet, has changed people's perceptions of both disinformation and freedom of expression. This research critically analyses criminal law intervention against disinformation and freedom of expression in Indonesia. The research is document research using a comparative approach that analyses laws and regulations on disinformation in Indonesia, Germany, and Singapore. For Indonesian law, this research focuses on the provision of Articles 14 and 15 of Law No. 1/1946, which criminalises disinformation in the public sphere. This research shows that Indonesia needs a new approach regarding the criminal prohibition of spreading disinformation. It recommends that criminal law intervention is limited only to disinformation that is spread on a massive scale and causes significant harm.","PeriodicalId":36604,"journal":{"name":"Comparative Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43419255","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}
Issues of global concern typically arise where there is a limited commitment to accountable governance. This paper argues that there has been an evolution in the state function. This evolution has made it possible to envisage a progression to accountable governance across all states. If attained, this would establish accountable governance as the threshold for state participation in international relations. Failure to meet the threshold would justify intrusion in the governance affairs of states by the international community of states to ensure accountability. Thus, the paper argues that the key to addressing issues of global concern lies in getting states to embrace accountable governance. This would be the first step towards empowering the international community of states to hold accountable those states that adopt governance decisions that perpetuate issues of global concern.
{"title":"Tackling Issues of Global Concern by Revisiting the Justifications for State Approaches to Governance","authors":"T. Madebwe","doi":"10.12775/clr.2021.014","DOIUrl":"https://doi.org/10.12775/clr.2021.014","url":null,"abstract":"Issues of global concern typically arise where there is a limited commitment to accountable governance. This paper argues that there has been an evolution in the state function. This evolution has made it possible to envisage a progression to accountable governance across all states. If attained, this would establish accountable governance as the threshold for state participation in international relations. Failure to meet the threshold would justify intrusion in the governance affairs of states by the international community of states to ensure accountability. Thus, the paper argues that the key to addressing issues of global concern lies in getting states to embrace accountable governance. This would be the first step towards empowering the international community of states to hold accountable those states that adopt governance decisions that perpetuate issues of global concern.","PeriodicalId":36604,"journal":{"name":"Comparative Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47016136","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}
Civil/ordinary partnerships as non-commercial entities play a vital role as an alternative form of doing business in various jurisdictions. Though the issue of where they should be regulated is becoming nonsensical in recent times, it is wise to have a well-structured legal framework which regulates these entities. This article aims to conduct a comparative analysis of the regulation of Ethiopia’s ordinary partnership with the French civil code partnership and the Thai ordinary partnership only on issues of formation, transfer of share, management, liability of partners, dissolution of partnership, distribution of profit and loss, and expulsion of a partner. The comparative analysis shows that in many areas of regulation, the Ethiopian law has more commonalities with that of Thai ordinary partnership and French civil code partnership legal regimes. This article also finds that the Ethiopian law of ordinary partnership ought to be improved as regards the issues of the transfer of shares related to ascendants and descendants, on the distribution of profits and losses, on the role of partners in a dissolution of the partnership, and on the expulsion of a partner.
{"title":"Regulation of Ordinary Partnership under Ethiopian Law: A Comparative Analysis of Selected Legal Issues with the French Civil Partnership and the Thai Ordinary Partnership Regimes","authors":"Israel Woldekidan Haileyesus","doi":"10.12775/clr.2021.008","DOIUrl":"https://doi.org/10.12775/clr.2021.008","url":null,"abstract":"Civil/ordinary partnerships as non-commercial entities play a vital role as an alternative form of doing business in various jurisdictions. Though the issue of where they should be regulated is becoming nonsensical in recent times, it is wise to have a well-structured legal framework which regulates these entities. This article aims to conduct a comparative analysis of the regulation of Ethiopia’s ordinary partnership with the French civil code partnership and the Thai ordinary partnership only on issues of formation, transfer of share, management, liability of partners, dissolution of partnership, distribution of profit and loss, and expulsion of a partner. The comparative analysis shows that in many areas of regulation, the Ethiopian law has more commonalities with that of Thai ordinary partnership and French civil code partnership legal regimes. This article also finds that the Ethiopian law of ordinary partnership ought to be improved as regards the issues of the transfer of shares related to ascendants and descendants, on the distribution of profits and losses, on the role of partners in a dissolution of the partnership, and on the expulsion of a partner.","PeriodicalId":36604,"journal":{"name":"Comparative Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42138988","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 article the position of the accused as a source of personal evidence in three different European legal systems: Poland, Germany, and England, will be presented. This analysis will be oriented to understand the way of functioning of the two different models of giving statements of fact by the accused at a criminal trial. The main difference is that in the common law model of criminal trial the accused may only present evidence by testifying as a witness speaking about what happened, whereas in the continental model the accused gives a specific personal type of evidence (that in the Anglo-Saxon literature is rather described as “oral evidence”) that is known as explanations. From this differentiation several consequences arise: among others, the possibility of presenting untruthful explanations and presenting many versions of events in the continental model which have to be assessed by the judges. At the same time, the same right of the accused to silence and not to give incriminating evidence applies in both models of criminal trial – however, in two different shapes and with different types of limitations.
{"title":"Better to Explain or to Testify? The Position of the Accused as a Source of Oral Evidence in a Criminal Trial in a Comparative Perspective","authors":"Hanna Kuczyńska","doi":"10.12775/clr.2021.002","DOIUrl":"https://doi.org/10.12775/clr.2021.002","url":null,"abstract":"In this article the position of the accused as a source of personal evidence in three different European legal systems: Poland, Germany, and England, will be presented. This analysis will be oriented to understand the way of functioning of the two different models of giving statements of fact by the accused at a criminal trial. The main difference is that in the common law model of criminal trial the accused may only present evidence by testifying as a witness speaking about what happened, whereas in the continental model the accused gives a specific personal type of evidence (that in the Anglo-Saxon literature is rather described as “oral evidence”) that is known as explanations. From this differentiation several consequences arise: among others, the possibility of presenting untruthful explanations and presenting many versions of events in the continental model which have to be assessed by the judges. At the same time, the same right of the accused to silence and not to give incriminating evidence applies in both models of criminal trial – however, in two different shapes and with different types of limitations.","PeriodicalId":36604,"journal":{"name":"Comparative Law Review","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42113006","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}
Violetta Kwiatkowska-Wójcikiewicz, J. Wójcikiewicz
The comment deals with the evaluation of (not only) Serbian law concerning taking body samples for DNA examinations. The authors share the arguments of the dissenting opinion from the judgment in question that the phrase “other medical procedures” was at that stage sufficient for such a procedure. A comparative analysis of the Polish law is also conducted.
{"title":"On Taking DNA Reference Samples - Comment to the Judgment of the European Court of Human Rights of 14 April 2020 in the Case of Dragan Petrović v. Serbia, Application no. 75229/10","authors":"Violetta Kwiatkowska-Wójcikiewicz, J. Wójcikiewicz","doi":"10.12775/clr.2021.019","DOIUrl":"https://doi.org/10.12775/clr.2021.019","url":null,"abstract":"The comment deals with the evaluation of (not only) Serbian law concerning taking body samples for DNA examinations. The authors share the arguments of the dissenting opinion from the judgment in question that the phrase “other medical procedures” was at that stage sufficient for such a procedure. A comparative analysis of the Polish law is also conducted.","PeriodicalId":36604,"journal":{"name":"Comparative Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43540357","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}
Corporate social responsibility (CSR) is an idea that has grown during the last three decades from the voluntary activity of business firms into a debate about whether CSR should be mandated by law because of the increased demand from society. Further, it has been argued that business corporations are owned by their shareholders, and the managers must concentrate on maximizing the wealth of their shareholders and not of the community. To determine how better to apply CSR, this paper begins with looking at the evolution of CSR as a system around the world and then discusses the definition of CSR. In addition, this paper explores the advantages and disadvantages of implementing voluntary CSR and then explores mandatory CSR. Moreover, in this paper, it is found that determining the proper CSR system depends on many factors in each country, such as the social, economic and legal factors that should be examined before applying mandatory or voluntary CSR.
{"title":"Should Corporate Social Responsibility Around The World be Mandatory or Voluntary?","authors":"Mohammad Alwasmi, Ahmad Alderbas","doi":"10.12775/clr.2021.006","DOIUrl":"https://doi.org/10.12775/clr.2021.006","url":null,"abstract":"Corporate social responsibility (CSR) is an idea that has grown during the last three decades from the voluntary activity of business firms into a debate about whether CSR should be mandated by law because of the increased demand from society. Further, it has been argued that business corporations are owned by their shareholders, and the managers must concentrate on maximizing the wealth of their shareholders and not of the community. To determine how better to apply CSR, this paper begins with looking at the evolution of CSR as a system around the world and then discusses the definition of CSR. In addition, this paper explores the advantages and disadvantages of implementing voluntary CSR and then explores mandatory CSR. Moreover, in this paper, it is found that determining the proper CSR system depends on many factors in each country, such as the social, economic and legal factors that should be examined before applying mandatory or voluntary CSR.","PeriodicalId":36604,"journal":{"name":"Comparative Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43973260","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}
Geothermal energy, understood as the energy stored in the form of heat beneath the earth’s surface, is one of the types of renewable energy sources. In Poland, geothermal energy is the renewable energy source with the highest technical potential, which results from the fact that there are natural sedimentation-structure basins in Poland, filled with hot underground waters of various temperatures. One of the basic factors determining the potential development of undertakings oriented at the use of geothermal energy is the legal environment, understood as a system of legal regulations relating to human activity connected with the use of geothermal energy. The subject of this study is the analysis of legal conditions for ventures geared towards geothermal energy exploration, documentation, and extraction. In Poland there is no uniform legal act regulating these issues in a comprehensive way. The provisions of the Geological and Mining Law and the Water Law, but also the provisions of the Construction Law, Environmental Protection Law, Energy Law, and Renewable Energy Sources Act apply to the analysed projects. The complexity and multilayer character of legal regulations determines the multitude of legal procedures reflecting the regulatory function of the state, realised through the system of concessions, permits, permissions, and approvals. The aim of this study is to present the legal regulations applicable in Poland relating to the use of geothermal energy, and to analyse the level of rationing of activities undertaken in this field.
{"title":"Legal Aspects of Geothermal Energy Use in Poland","authors":"Ma³gorzata Szalewska","doi":"10.12775/clr.2021.017","DOIUrl":"https://doi.org/10.12775/clr.2021.017","url":null,"abstract":"Geothermal energy, understood as the energy stored in the form of heat beneath the earth’s surface, is one of the types of renewable energy sources. In Poland, geothermal energy is the renewable energy source with the highest technical potential, which results from the fact that there are natural sedimentation-structure basins in Poland, filled with hot underground waters of various temperatures. One of the basic factors determining the potential development of undertakings oriented at the use of geothermal energy is the legal environment, understood as a system of legal regulations relating to human activity connected with the use of geothermal energy. The subject of this study is the analysis of legal conditions for ventures geared towards geothermal energy exploration, documentation, and extraction. In Poland there is no uniform legal act regulating these issues in a comprehensive way. The provisions of the Geological and Mining Law and the Water Law, but also the provisions of the Construction Law, Environmental Protection Law, Energy Law, and Renewable Energy Sources Act apply to the analysed projects. The complexity and multilayer character of legal regulations determines the multitude of legal procedures reflecting the regulatory function of the state, realised through the system of concessions, permits, permissions, and approvals. The aim of this study is to present the legal regulations applicable in Poland relating to the use of geothermal energy, and to analyse the level of rationing of activities undertaken in this field.","PeriodicalId":36604,"journal":{"name":"Comparative Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47666668","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 paper reviews the literature with a view to answering the question as to whether the easier availability of firearms affects the level of homicides and suicides with their use. The author compared Polish and other similar laws where the access to firearms is strictly regulated, as against systems where the availability of firearms is facilitated, either owing to liberal laws (Colombia, Brazil, Switzerland) or to Constitutional guarantees (USA, Mexico). The comparison revealed a correlation between the availability of firearms and levels of homicide and suicide by firearms.
{"title":"The Availability of Firearms and Levels of Homicideand Suicide Perpetrated with Their Use","authors":"Leszek Stępka","doi":"10.12775/clr.2021.016","DOIUrl":"https://doi.org/10.12775/clr.2021.016","url":null,"abstract":"The paper reviews the literature with a view to answering the question as to whether the easier availability of firearms affects the level of homicides and suicides with their use. The author compared Polish and other similar laws where the access to firearms is strictly regulated, as against systems where the availability of firearms is facilitated, either owing to liberal laws (Colombia, Brazil, Switzerland) or to Constitutional guarantees (USA, Mexico). The comparison revealed a correlation between the availability of firearms and levels of homicide and suicide by firearms.","PeriodicalId":36604,"journal":{"name":"Comparative Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46116420","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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