Pub Date : 2023-06-20DOI: 10.33327/ajee-18-6.3-a000307
Ardian Raif Emini
Background: The Civil Code would dictate the affiliation of Albanian civil law to the Romano- Germanic family, finally separating it from Ottoman law. This Code, to this day, preserves its contemporary character, individuality, and integrity, not only because it is based on the idea of protecting basic human rights and freedoms, as well as the democratic model of society that inspired it, which always remain valid, but also that it continues as a working tool for specialists in this field. Undoubtedly, foreign rights, especially French, Italian, and to some extent, German and Swiss, would inspire the Albanian legislator to sanction in its provisions the equality of all citizens, the emancipation of land ownership, and the freedom to engage in economic activities. Methods: The methodology used during the drafting of this paper is mainly based on Albanian and foreign doctrinal views, focusing in particular on the Italian and European doctrines, due to this doctrine and this legislation being referred to by our legislator at the time of drafting the Civil Code. Also, among the methods used in this paper are the analysis and comparative methods.Results and Conclusions: The acceptance of foreign law in the Civil Code of Zog, more than “a matter of quality”, was a “matter of power”, because foreign rights, especially French and Italian, which found their sanction in this Code, they were rights belonging to the spiritual influence of modern civilization, and above all, to that of the “Italian Renaissance” and the “French Revolution.”
{"title":"Albanian Civil Code 1929 as Part of the European Family of Civil Law","authors":"Ardian Raif Emini","doi":"10.33327/ajee-18-6.3-a000307","DOIUrl":"https://doi.org/10.33327/ajee-18-6.3-a000307","url":null,"abstract":"Background: The Civil Code would dictate the affiliation of Albanian civil law to the Romano- Germanic family, finally separating it from Ottoman law. This Code, to this day, preserves its contemporary character, individuality, and integrity, not only because it is based on the idea of protecting basic human rights and freedoms, as well as the democratic model of society that inspired it, which always remain valid, but also that it continues as a working tool for specialists in this field. Undoubtedly, foreign rights, especially French, Italian, and to some extent, German and Swiss, would inspire the Albanian legislator to sanction in its provisions the equality of all citizens, the emancipation of land ownership, and the freedom to engage in economic activities.\u0000Methods: The methodology used during the drafting of this paper is mainly based on Albanian and foreign doctrinal views, focusing in particular on the Italian and European doctrines, due to this doctrine and this legislation being referred to by our legislator at the time of drafting the Civil Code. Also, among the methods used in this paper are the analysis and comparative methods.Results and Conclusions: The acceptance of foreign law in the Civil Code of Zog, more than “a matter of quality”, was a “matter of power”, because foreign rights, especially French and Italian, which found their sanction in this Code, they were rights belonging to the spiritual influence of modern civilization, and above all, to that of the “Italian Renaissance” and the “French Revolution.”","PeriodicalId":40329,"journal":{"name":"Access to Justice in Eastern Europe","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45583376","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}
Pub Date : 2023-06-19DOI: 10.33327/ajee-18-6.3-a000303
O. Khotynska-Nor, Nana Bakaianova, M. Kravchenko
Background: Introduction of martial law on the territory of Ukraine on 24 February 2022, due to the full-scale invasion of the russian federation1, led to a shift in the emphasis in activity of all public authorities and institutions. They promptly adapted to the challenges brought by the war to ensure continuous functioning of the institutions of key importance for the state. Such include the institution of justice; the Prosecutor’s Office is an integral element of its implementation. During the war, Ukraine gained new experience in the matters of its organization and functional development. It is expected to be useful to anyone interested in the justice system, particularly the Prosecutor’s Office, and for the study of its responses to the extraordinary conditions of the war. The publication is the result of a systematic analysis of the indicators of the Prosecutor’s Office of Ukraine activity within the context of the events caused by the war’s development, which has been taking place for more than one year. This time span allows the authors to draw certain conclusions and highlight trends. The performance indicators of four regional Prosecutor’s Offices, representing the north, south, east, and west of Ukraine, are taken as a basis. This approach is driven by different degrees of military aggression intensity in relation to the various regions, allowing tracing of the relevant correlation between the “territorial factor” and effectiveness of the Prosecutor’s Office’s operation. The study is based on statistical indicators and reports of the Office of the Prosecutor General, data from Kyiv, Odesa, Lviv, and Kharkiv’s regional Prosecutor’s Offices, as well as materials from the Qualification and Disciplinary Commission on Public Prosecutors. Methods: The authors used systematic, statistical, historical, and comparative methods, as well as the method of selective analysis and synthesis of information, ensuring the objectivity and complexity of the study. Actual statistical and empirical data are used for proper argumentation of the conclusions. Results and Conclusions: It was concluded that the activity of the Prosecutor’s Office in Ukraine under martial law is largely determined by the territorial factor. At the same time, the full-scale war became a catalyst for polar phenomena among prosecutors: intensification of the civil position in opposition to the aggressor, professional, and behavioural destructions, which are assessed by a disciplinary body to finalize the prosecutor’s career.
{"title":"Prosecutor’s Office of Ukraine Under Martial Law: Challenges, Trends. Statistical Data","authors":"O. Khotynska-Nor, Nana Bakaianova, M. Kravchenko","doi":"10.33327/ajee-18-6.3-a000303","DOIUrl":"https://doi.org/10.33327/ajee-18-6.3-a000303","url":null,"abstract":"Background: Introduction of martial law on the territory of Ukraine on 24 February 2022, due to the full-scale invasion of the russian federation1, led to a shift in the emphasis in activity of all public authorities and institutions. They promptly adapted to the challenges brought by the war to ensure continuous functioning of the institutions of key importance for the state. Such include the institution of justice; the Prosecutor’s Office is an integral element of its implementation. During the war, Ukraine gained new experience in the matters of its organization and functional development. It is expected to be useful to anyone interested in the justice system, particularly the Prosecutor’s Office, and for the study of its responses to the extraordinary conditions of the war.\u0000The publication is the result of a systematic analysis of the indicators of the Prosecutor’s Office of Ukraine activity within the context of the events caused by the war’s development, which has been taking place for more than one year. This time span allows the authors to draw certain conclusions and highlight trends.\u0000The performance indicators of four regional Prosecutor’s Offices, representing the north, south, east, and west of Ukraine, are taken as a basis. This approach is driven by different degrees of military aggression intensity in relation to the various regions, allowing tracing of the relevant correlation between the “territorial factor” and effectiveness of the Prosecutor’s Office’s operation.\u0000The study is based on statistical indicators and reports of the Office of the Prosecutor General, data from Kyiv, Odesa, Lviv, and Kharkiv’s regional Prosecutor’s Offices, as well as materials from the Qualification and Disciplinary Commission on Public Prosecutors.\u0000Methods: The authors used systematic, statistical, historical, and comparative methods, as well as the method of selective analysis and synthesis of information, ensuring the objectivity and complexity of the study. Actual statistical and empirical data are used for proper argumentation of the conclusions.\u0000Results and Conclusions: It was concluded that the activity of the Prosecutor’s Office in Ukraine under martial law is largely determined by the territorial factor. At the same time, the full-scale war became a catalyst for polar phenomena among prosecutors: intensification of the civil position in opposition to the aggressor, professional, and behavioural destructions, which are assessed by a disciplinary body to finalize the prosecutor’s career.","PeriodicalId":40329,"journal":{"name":"Access to Justice in Eastern Europe","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-06-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47899528","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}
Pub Date : 2023-06-19DOI: 10.33327/ajee-18-6.3-a000333
S. Hrytsai
Background: An investigation was conducted into the 2020 campaign to declare the incomes of civil servants in Ukraine. On June 23, 2022, the country became a candidate for full accession to the European Union, subject to increased efforts to combat corruption. During the study period, it was found that 652 Ukrainian officials declared 46,351 bitcoins, which as of 04/01/2021 was the equivalent of 2 billion 564 million US dollars or 2 billion 348 million euros. Against this background, the existing anti-corruption legislation and the state anti-corruption apparatus are characterised . Methods: To achieve objective scientific results, the author used methods such as analysis and synthesis to understand and build a logical chain of ideas. The author used the statistical method to emphasise their positions with real data regarding the situation that developed in practice. Results and Conclusions: The study revealed a potential threat of money laundering by civil servants through the declaration of cryptocurrencies before their legalisation, against the background of a complete absence or imperfection of current laws. It was established that this factor was the most acute form on the evening of the planned state legalisation of cryptocurrencies. This highlights the need for states to take preventive measures to eliminate such risks before legalising cryptocurrencies and preventing “silent amnesties” regarding illegal capital transferred to cryptocurrencies or to “whitewash” future illegal proceeds in advance through the declaration of non-existent cryptocurrency.
{"title":"Cryptocurrency in the declarations of government officials: a toolkit for money laundering (trends and experience of counteraction, by the example of Ukraine)","authors":"S. Hrytsai","doi":"10.33327/ajee-18-6.3-a000333","DOIUrl":"https://doi.org/10.33327/ajee-18-6.3-a000333","url":null,"abstract":"Background: An investigation was conducted into the 2020 campaign to declare the incomes of civil servants in Ukraine. On June 23, 2022, the country became a candidate for full accession to the European Union, subject to increased efforts to combat corruption. During the study period, it was found that 652 Ukrainian officials declared 46,351 bitcoins, which as of 04/01/2021 was the equivalent of 2 billion 564 million US dollars or 2 billion 348 million euros. Against this background, the existing anti-corruption legislation and the state anti-corruption apparatus are characterised .\u0000Methods: To achieve objective scientific results, the author used methods such as analysis and synthesis to understand and build a logical chain of ideas. The author used the statistical method to emphasise their positions with real data regarding the situation that developed in practice.\u0000Results and Conclusions: The study revealed a potential threat of money laundering by civil servants through the declaration of cryptocurrencies before their legalisation, against the background of a complete absence or imperfection of current laws. It was established that this factor was the most acute form on the evening of the planned state legalisation of cryptocurrencies. This highlights the need for states to take preventive measures to eliminate such risks before legalising cryptocurrencies and preventing “silent amnesties” regarding illegal capital transferred to cryptocurrencies or to “whitewash” future illegal proceeds in advance through the declaration of non-existent cryptocurrency.","PeriodicalId":40329,"journal":{"name":"Access to Justice in Eastern Europe","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-06-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41591338","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}
Pub Date : 2023-06-19DOI: 10.33327/ajee-18-6.3-a000302
Maya Khater
Background: Since the outbreak of political violence in Syria in 2011, vast numbers of Syrians have gone to the Jordanian border to escape one of the most devastating civil wars in recent times, and about one-third of the refugees fleeing their countries, i.e., about one million three hundred thousand Syrian refugees, have arrived. These refugees are distributed within the Zaatari, Azraq, Rakban, and Emirati-Jordanian camps. Some of them live outside the scope of these four camps, especially in the governorates of Irbid, Mafraq, Amman, and Zarqa. More than half of these refugees are children. Methods: The research uses the descriptive analysis method, which is based on the detailed description and in-depth analysis of the topic of the study through gathering detailed data related to the research problem, analysing legal texts and relevant information as well as their clear interpretation, concluding with proposing appropriate solutions and recommendations aimed at supporting the right of Syrian refugee children in Jordan to obtain their right to education. Results and Conclusions: The study concluded the importance of the efforts made by the Jordanian government, with the support of donors and humanitarian organisations, regarding assisting Syrian students in obtaining a quality education and its contribution to the steady increase in the percentage of children enrolled in education. On the other hand, the study confirmed the many obstacles and difficulties that impede the education of Syrian refugees in Jordan, such as child labour and early marriage, the lack of appropriate educational infrastructure in light of the scarcity of essential financial resources, the lack of international funding; the limited availability of school, the shortage of qualified human resources to deal with refugee children, and the lack of the necessary documentation to enrol in education. However, despite all the challenges and difficulties related to the education of Syrian refugees in Jordan, the opportunity remains to overcome the difficulties effectively, develop the educational reality, achieve an increase in the rates of absorption in the educational systems, and improve the quality of education provided to these students, which will contribute to the realisation of their dreams and aspirations and help them rebuild their society and host society alike.
{"title":"Refugee Children’s Right to Education: Education of Syrian Refugee Children in Jordan – Reality and Prospects","authors":"Maya Khater","doi":"10.33327/ajee-18-6.3-a000302","DOIUrl":"https://doi.org/10.33327/ajee-18-6.3-a000302","url":null,"abstract":"Background: Since the outbreak of political violence in Syria in 2011, vast numbers of Syrians have gone to the Jordanian border to escape one of the most devastating civil wars in recent times, and about one-third of the refugees fleeing their countries, i.e., about one million three hundred thousand Syrian refugees, have arrived. These refugees are distributed within the Zaatari, Azraq, Rakban, and Emirati-Jordanian camps. Some of them live outside the scope of these four camps, especially in the governorates of Irbid, Mafraq, Amman, and Zarqa. More than half of these refugees are children.\u0000Methods: The research uses the descriptive analysis method, which is based on the detailed description and in-depth analysis of the topic of the study through gathering detailed data related to the research problem, analysing legal texts and relevant information as well as their clear interpretation, concluding with proposing appropriate solutions and recommendations aimed at supporting the right of Syrian refugee children in Jordan to obtain their right to education.\u0000Results and Conclusions: The study concluded the importance of the efforts made by the Jordanian government, with the support of donors and humanitarian organisations, regarding assisting Syrian students in obtaining a quality education and its contribution to the steady increase in the percentage of children enrolled in education.\u0000On the other hand, the study confirmed the many obstacles and difficulties that impede the education of Syrian refugees in Jordan, such as child labour and early marriage, the lack of appropriate educational infrastructure in light of the scarcity of essential financial resources, the lack of international funding; the limited availability of school, the shortage of qualified human resources to deal with refugee children, and the lack of the necessary documentation to enrol in education.\u0000However, despite all the challenges and difficulties related to the education of Syrian refugees in Jordan, the opportunity remains to overcome the difficulties effectively, develop the educational reality, achieve an increase in the rates of absorption in the educational systems, and improve the quality of education provided to these students, which will contribute to the realisation of their dreams and aspirations and help them rebuild their society and host society alike.","PeriodicalId":40329,"journal":{"name":"Access to Justice in Eastern Europe","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-06-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43808795","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}
Pub Date : 2023-06-19DOI: 10.33327/ajee-18-6.3-a000301
A. Vaško, J. Klátik
Background: The contribution is focused on current challenges in the criminal protection of children field by means of criminal law in the Slovak Republic and the European Union. The authors define the term, “child,” in the applicable law. They examine in detail the legal regulation of the child’s position as a victim, especially as a particularly vulnerable victim in criminal law. Attention is given to the victimisation process in relation to the specifics of the child. The legal regulation of criminal law in the Slovak Republic, as well as within the European Union, reflects the need for a special approach to the protection of children and youth, and adequate legal instruments are gradually being created and introduced. Methods: Legal comparison, content and functional analysis of legal acts, analysis of court decisions, historical analysis, and comparisons were used to process research data. Results and Conclusions: The current criminal law regulation of the status and protection of children and youth in the Slovak Raepublic requires regulation to effectively respond to new threats and risks, primarily associated with the increase of criminal activity against children in the virtual world. New forms of criminal activity by using computer technology and social networks are constantly increasing. Prevention and education are irreplaceable aspects of the protection of children and youth from crime. It is more effective to have a good prevention system than to deal with the consequences. Based on our research, we recommend introducing a subject focused on the prevention and intervention of crimes of a sexual nature into the education of school-age children. At the same time, we recommend continual building of specialized workplaces within law enforcement bodies in the Slovak Republic.
{"title":"Criminal Law Protection of a Child by means of Slovak Criminal Law and European Union Law","authors":"A. Vaško, J. Klátik","doi":"10.33327/ajee-18-6.3-a000301","DOIUrl":"https://doi.org/10.33327/ajee-18-6.3-a000301","url":null,"abstract":"Background: The contribution is focused on current challenges in the criminal protection of children field by means of criminal law in the Slovak Republic and the European Union. The authors define the term, “child,” in the applicable law. They examine in detail the legal regulation of the child’s position as a victim, especially as a particularly vulnerable victim in criminal law. Attention is given to the victimisation process in relation to the specifics of the child. The legal regulation of criminal law in the Slovak Republic, as well as within the European Union, reflects the need for a special approach to the protection of children and youth, and adequate legal instruments are gradually being created and introduced.\u0000Methods: Legal comparison, content and functional analysis of legal acts, analysis of court decisions, historical analysis, and comparisons were used to process research data.\u0000Results and Conclusions: The current criminal law regulation of the status and protection of children and youth in the Slovak Raepublic requires regulation to effectively respond to new threats and risks, primarily associated with the increase of criminal activity against children in the virtual world. New forms of criminal activity by using computer technology and social networks are constantly increasing. Prevention and education are irreplaceable aspects of the protection of children and youth from crime. It is more effective to have a good prevention system than to deal with the consequences. Based on our research, we recommend introducing a subject focused on the prevention and intervention of crimes of a sexual nature into the education of school-age children. At the same time, we recommend continual building of specialized workplaces within law enforcement bodies in the Slovak Republic.","PeriodicalId":40329,"journal":{"name":"Access to Justice in Eastern Europe","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-06-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43448167","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}
Background: The use of autonomous weapon systems (AWS) in armed conflict has been rapidly expanding. Consequently, the development of AWS worries legal scholars. If AWS were to operate without ‘meaningful human control’, the violation of international law and human rights would be unpreventable. Methods: This paper indicates that the most important problem arising from the use of AWS is the attribution responsibility for the violation of corporate actors. Nevertheless, it is ambiguous who is legally responsible for these international crimes, thus creating an accountability gap. The main problem regarding corporate responsibility that covers the process of employing AWS is determining who exercises causal control over a chain of acts leading to the crime’s commission. The paper proposes a more optimistic view of artificial intelligence, raising two challenges for corporate responsibility. First, the paper maps the framework of the use of AWS regarding corporate actors. Second, the article identifies the problem of accountability by presenting some possible scenarios linked to the AWS context as a solution to this problem. Results and Conclusions: The results have exposed ambiguity in international law and the absence of essential laws regarding the attribution of responsibility for AWS and the punishment of the perpetrator – international law needs to be improved and regulated.
{"title":"Autonomous Weapon Systems: Attributing the Corporate Accountability","authors":"Jinane El Baroudy","doi":"10.33327/ajee-18-6s013","DOIUrl":"https://doi.org/10.33327/ajee-18-6s013","url":null,"abstract":"Background: The use of autonomous weapon systems (AWS) in armed conflict has been rapidly expanding. Consequently, the development of AWS worries legal scholars. If AWS were to operate without ‘meaningful human control’, the violation of international law and human rights would be unpreventable. \u0000\u0000Methods: This paper indicates that the most important problem arising from the use of AWS is the attribution responsibility for the violation of corporate actors. Nevertheless, it is ambiguous who is legally responsible for these international crimes, thus creating an accountability gap. The main problem regarding corporate responsibility that covers the process of employing AWS is determining who exercises causal control over a chain of acts leading to the crime’s commission. The paper proposes a more optimistic view of artificial intelligence, raising two challenges for corporate responsibility. First, the paper maps the framework of the use of AWS regarding corporate actors. Second, the article identifies the problem of accountability by presenting some possible scenarios linked to the AWS context as a solution to this problem.\u0000Results and Conclusions: The results have exposed ambiguity in international law and the absence of essential laws regarding the attribution of responsibility for AWS and the punishment of the perpetrator – international law needs to be improved and regulated.","PeriodicalId":40329,"journal":{"name":"Access to Justice in Eastern Europe","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47057317","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}
Pub Date : 2023-06-15DOI: 10.33327/ajee-18-6sed104
I. Izarova
We are thrilled to present this special issue of our journal, which features articles from esteemed scholars and reviewers from various regions, including Saudi Arabia, Kuwait, Bosnia and Herzegovina, Great Britain. Collaboration between Eastern Europe and the Middle East is becoming increasingly important for scholars as it allows for a diverse range of perspectives and experiences to be shared. Despite the differences in legal systems and cultures, scholars from these regions can come together to discuss important issues and learn from each other's expertise. The collaboration can include joint research projects, academic exchanges, and joint conferences. By working together, scholars from Eastern Europe and the Middle East can make significant contributions to the development of the rule of law and access to justice in the globalized world. We are proud to collaborate with the Second GPDRL College of Law International Conference on Legal, Socio-economic Issues, and Sustainability to present articles that tackle current and relevant topics in the field of law. This conference an opportunity for scholars and experts from various parts of the world to come together to discuss and exchange ideas on relevant issues related to law and sustainability. This is an excellent platform for scholars to showcase their research and publications, and to engage in meaningful discussions and debates with their peers.
{"title":"About the Special Issue and Collaborating for a Sustainable Future: the Importance of Eastern Europe-Middle East Connections in Law And Justice","authors":"I. Izarova","doi":"10.33327/ajee-18-6sed104","DOIUrl":"https://doi.org/10.33327/ajee-18-6sed104","url":null,"abstract":"We are thrilled to present this special issue of our journal, which features articles from esteemed scholars and reviewers from various regions, including Saudi Arabia, Kuwait, Bosnia and Herzegovina, Great Britain. \u0000 \u0000Collaboration between Eastern Europe and the Middle East is becoming increasingly important for scholars as it allows for a diverse range of perspectives and experiences to be shared. Despite the differences in legal systems and cultures, scholars from these regions can come together to discuss important issues and learn from each other's expertise. The collaboration can include joint research projects, academic exchanges, and joint conferences. By working together, scholars from Eastern Europe and the Middle East can make significant contributions to the development of the rule of law and access to justice in the globalized world.\u0000 \u0000We are proud to collaborate with the Second GPDRL College of Law International Conference on Legal, Socio-economic Issues, and Sustainability to present articles that tackle current and relevant topics in the field of law. This conference an opportunity for scholars and experts from various parts of the world to come together to discuss and exchange ideas on relevant issues related to law and sustainability. This is an excellent platform for scholars to showcase their research and publications, and to engage in meaningful discussions and debates with their peers.","PeriodicalId":40329,"journal":{"name":"Access to Justice in Eastern Europe","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48159694","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}
Background: Despite all the international agreements and national laws that ban and against the marriage of minors, it is increasingly commonplace in many countries across the globe. Child marriage is a human rights violation which denies girls from acquiring proper education and gaining the required knowledge and sound health that could help them to conveniently navigate the future for their dream or perceived ambition in life so that they can play an amazing role with their peers in nation building. People engage in a marriage with a minor for different reasons and motivations. Still, the majority believe in sexual pleasure derived from marrying someone young, l far different from that of an older woman. The implications of the marriage of minors are vividly addressed in this paper. The marriage of minors is rampant in the world, but this study limits its scope to the implications of the marriage of minors from the legal framework in Nigeria and Tunisia. Methods: This article uses content analysis (CA) and systematic literature review (SLR) as methodological approaches. The methodology provides theoretical and practical foundations for Marriage of Minors: Implications from Nigerian and Tunisian Legal Systems Framework. Results and Conclusions: The results from the literature review and content analysis demonstrate cases of the marriage of a minor in both countries explored in this study. The paper also demonstrated that there are international and domestic legal frameworks in addressing the challenges of marriage to minors, and the paper specifically analysed the Convention on the Rights of the Child. It also illustrated the Tunisian legal framework for the marriage of minors and highlighted the similarities and differences in Nigerian and Tunisian laws regarding the issue. The health and educational implications of child marriage in both countries are also elucidated in the paper. The paper recommends valuable suggestions to the policy maker and the need for the National Assembly of both countries to reform their family law and take note of the differences in both customary and Islamic laws. This paper also recommends more respect for civil law, enacted unanimously.
{"title":"Marriage of Minor: Implications from Nigerian and Tunisian Legal Systems Framework","authors":"Emna Chikhaoui","doi":"10.33327/ajee-18-6s020","DOIUrl":"https://doi.org/10.33327/ajee-18-6s020","url":null,"abstract":"Background: Despite all the international agreements and national laws that ban and against the marriage of minors, it is increasingly commonplace in many countries across the globe. Child marriage is a human rights violation which denies girls from acquiring proper education and gaining the required knowledge and sound health that could help them to conveniently navigate the future for their dream or perceived ambition in life so that they can play an amazing role with their peers in nation building. People engage in a marriage with a minor for different reasons and motivations. Still, the majority believe in sexual pleasure derived from marrying someone young, l far different from that of an older woman. The implications of the marriage of minors are vividly addressed in this paper. The marriage of minors is rampant in the world, but this study limits its scope to the implications of the marriage of minors from the legal framework in Nigeria and Tunisia.\u0000Methods: This article uses content analysis (CA) and systematic literature review (SLR) as methodological approaches. The methodology provides theoretical and practical foundations for Marriage of Minors: Implications from Nigerian and Tunisian Legal Systems Framework.\u0000Results and Conclusions: The results from the literature review and content analysis demonstrate cases of the marriage of a minor in both countries explored in this study. The paper also demonstrated that there are international and domestic legal frameworks in addressing the challenges of marriage to minors, and the paper specifically analysed the Convention on the Rights of the Child. It also illustrated the Tunisian legal framework for the marriage of minors and highlighted the similarities and differences in Nigerian and Tunisian laws regarding the issue. The health and educational implications of child marriage in both countries are also elucidated in the paper. The paper recommends valuable suggestions to the policy maker and the need for the National Assembly of both countries to reform their family law and take note of the differences in both customary and Islamic laws. This paper also recommends more respect for civil law, enacted unanimously.","PeriodicalId":40329,"journal":{"name":"Access to Justice in Eastern Europe","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46659343","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}
Background: Saudi Arabia is one of the countries in the world to launch ESG and Sustainable finance with the aim of not only contributing to global SDGs but also toward the achievement of the Kingdom’s Vision 2030. The need for sustainable financial practices has appeared as green finance and funding renewable energy projects as well as implementing sustainable practices in operations and services. This paper analyses the concept of green banking, its importance, and advantages and disadvantages to achieve sustainability for the financial sector in Saudi Arabia. Methods: The paper utilises legal frames and documents to conduct a legal analysis of green banking as a new concept in Saudi Arabia. The secondary data is also used to support the analysis, and the qualitative approach is employed to discuss the significance and features of green banking. Results and Conclusions: Saudi Arabia continues to face substantial obstacles in adopting green banking. These difficulties include the absence of explicit regulations and recommendations from the regulatory bodies and the high cost of implementing green banking practices in a market that is primarily dependent on oil-based sectors. It is, therefore, important the regulatory bodies shed more focus on green banking and must enact a regulatory framework to encourage financial institutions to support projects that uphold sustainability.
{"title":"The Effectiveness of Green Banking in Saudi Arabia","authors":"","doi":"10.33327/ajee-18-6s014","DOIUrl":"https://doi.org/10.33327/ajee-18-6s014","url":null,"abstract":"Background: Saudi Arabia is one of the countries in the world to launch ESG and Sustainable finance with the aim of not only contributing to global SDGs but also toward the achievement of the Kingdom’s Vision 2030. The need for sustainable financial practices has appeared as green finance and funding renewable energy projects as well as implementing sustainable practices in operations and services. This paper analyses the concept of green banking, its importance, and advantages and disadvantages to achieve sustainability for the financial sector in Saudi Arabia.\u0000Methods: The paper utilises legal frames and documents to conduct a legal analysis of green banking as a new concept in Saudi Arabia. The secondary data is also used to support the analysis, and the qualitative approach is employed to discuss the significance and features of green banking.\u0000Results and Conclusions: Saudi Arabia continues to face substantial obstacles in adopting green banking. These difficulties include the absence of explicit regulations and recommendations from the regulatory bodies and the high cost of implementing green banking practices in a market that is primarily dependent on oil-based sectors. It is, therefore, important the regulatory bodies shed more focus on green banking and must enact a regulatory framework to encourage financial institutions to support projects that uphold sustainability.","PeriodicalId":40329,"journal":{"name":"Access to Justice in Eastern Europe","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-05-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48395178","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}
Background: Given the lack of development in the International Investment Law (IIL) and its increase of substantive and procedural challenges, this paper identifies those issues and challenges and provide suggests solutions to these challenges. Methods: The procedures to be followed in obtaining information concerning the adequacy of IIL and its effectiveness. The article will look at the logical method, comparative method, and historical method. After data collection using these methods, the data will be analysed; accordingly, a comparison will be carried out between different international investment legal instruments to establish the gaps and development opportunities. A logical method will be applied to data collection. It is an analysis methodology that combines concepts and ideas. A historical method will be used to collect data and facts from records, to investigate the competence of international investment legal instruments over time. The researcher will explain the history of international investment legal instruments to show the importance of law development. Results and Conclusions: The development of a unified global convention that is formatted to provide a uniform and neutral set of substantive and procedural rules to regulate international investments would, in fact, meet the optimal objectives of the state and investor in the most appropriate manner according to the current legal investment instruments.
{"title":"Substantive and Procedural Challenges in International Investment Law","authors":"Lamya Alfaify","doi":"10.33327/ajee-18-6s019","DOIUrl":"https://doi.org/10.33327/ajee-18-6s019","url":null,"abstract":"Background: Given the lack of development in the International Investment Law (IIL) and its increase of substantive and procedural challenges, this paper identifies those issues and challenges and provide suggests solutions to these challenges.\u0000Methods: The procedures to be followed in obtaining information concerning the adequacy of IIL and its effectiveness. The article will look at the logical method, comparative method, and historical method. After data collection using these methods, the data will be analysed; accordingly, a comparison will be carried out between different international investment legal instruments to establish the gaps and development opportunities. A logical method will be applied to data collection. It is an analysis methodology that combines concepts and ideas. A historical method will be used to collect data and facts from records, to investigate the competence of international investment legal instruments over time. The researcher will explain the history of international investment legal instruments to show the importance of law development.\u0000Results and Conclusions: The development of a unified global convention that is formatted to provide a uniform and neutral set of substantive and procedural rules to regulate international investments would, in fact, meet the optimal objectives of the state and investor in the most appropriate manner according to the current legal investment instruments.","PeriodicalId":40329,"journal":{"name":"Access to Justice in Eastern Europe","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-05-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41518494","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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