The Classical Theory of Labor Law stands as a cornerstone in understanding the legal framework governing employer-employee relationships. This article delves into the foundational principles that underpin this theory, elucidating its historical context and theoretical framework. Beginning with an exploration of the concept of freedom of contract, the article examines how this principle has shaped the relationship between employers and employees, emphasizing autonomy and individual bargaining power. Furthermore, it analyzes the principle of equality, elucidating its role in safeguarding workers' rights and promoting fairness within the labor market. Additionally, the article discusses the principle of private property rights and its implications for labor relations, highlighting the balance between employers' prerogatives and employees' entitlements.
{"title":"The Principles of the Classical Theory of Labor Law","authors":"Miryokub Rakhimov","doi":"10.59022/ijlp.157","DOIUrl":"https://doi.org/10.59022/ijlp.157","url":null,"abstract":"The Classical Theory of Labor Law stands as a cornerstone in understanding the legal framework governing employer-employee relationships. This article delves into the foundational principles that underpin this theory, elucidating its historical context and theoretical framework. Beginning with an exploration of the concept of freedom of contract, the article examines how this principle has shaped the relationship between employers and employees, emphasizing autonomy and individual bargaining power. Furthermore, it analyzes the principle of equality, elucidating its role in safeguarding workers' rights and promoting fairness within the labor market. Additionally, the article discusses the principle of private property rights and its implications for labor relations, highlighting the balance between employers' prerogatives and employees' entitlements.","PeriodicalId":506694,"journal":{"name":"International Journal of Law and Policy","volume":"21 11","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140432117","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}
Developed to resolve disputes worldwide in a digital environment, the program works only online. Unlike other court software that provides an online interface for discrete tasks, such as filling out documents online, and conducting online hearings, users of Alternative Dispute Resolution (ADR) do not go to court for traditional requests. The program is not a technological platform designed for making court decisions, but a tool to assist the court in resolving the disputes or cases of the applicants. Dispute resolution in a digital environment allows parties to resolve disputes confidentially, quickly, at their own discretion, and impartially, and to ensure worldwide enforcement of the decision. In this regard, special attention is paid to the wide introduction of information technologies in this field.
{"title":"Harmonization of the Legal Framework for Online Arbitration","authors":"Mokhinur Bakhramova","doi":"10.59022/ijlp.154","DOIUrl":"https://doi.org/10.59022/ijlp.154","url":null,"abstract":"Developed to resolve disputes worldwide in a digital environment, the program works only online. Unlike other court software that provides an online interface for discrete tasks, such as filling out documents online, and conducting online hearings, users of Alternative Dispute Resolution (ADR) do not go to court for traditional requests. The program is not a technological platform designed for making court decisions, but a tool to assist the court in resolving the disputes or cases of the applicants. Dispute resolution in a digital environment allows parties to resolve disputes confidentially, quickly, at their own discretion, and impartially, and to ensure worldwide enforcement of the decision. In this regard, special attention is paid to the wide introduction of information technologies in this field.","PeriodicalId":506694,"journal":{"name":"International Journal of Law and Policy","volume":"8 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140433048","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}
Among labor disputes, perhaps one of the most interesting and difficult to study is the termination of an employment contract at the employer’s initiative. Due to the complexity of the mechanism (formal requirements) for the termination of an employment contract at the employer’s initiative, many employers try to formalize the termination of an employment contract on other grounds (for example, by agreement of the parties (art. 157 of Labor Code of Uzbekistan – hereafter referred to as LC/Labor code) or at the employee’s initiative (art.160 LC)). In essence, this means that employers in practice cannot properly apply their right as guaranteed by the Labor Code. In this regard, the article elaborates in detail the procedure for terminating an employment contract on the employer’s initiative, in accordance with the legislation of the Republic of Uzbekistan, and discusses case law, provides examples and provides scientific explanations.
{"title":"Features of Termination of an Employment Contract at the Initiative of the Employer: Uzbekistan’s Case","authors":"Khumoyun Soyipov","doi":"10.59022/ijlp.153","DOIUrl":"https://doi.org/10.59022/ijlp.153","url":null,"abstract":"Among labor disputes, perhaps one of the most interesting and difficult to study is the termination of an employment contract at the employer’s initiative. Due to the complexity of the mechanism (formal requirements) for the termination of an employment contract at the employer’s initiative, many employers try to formalize the termination of an employment contract on other grounds (for example, by agreement of the parties (art. 157 of Labor Code of Uzbekistan – hereafter referred to as LC/Labor code) or at the employee’s initiative (art.160 LC)). In essence, this means that employers in practice cannot properly apply their right as guaranteed by the Labor Code. In this regard, the article elaborates in detail the procedure for terminating an employment contract on the employer’s initiative, in accordance with the legislation of the Republic of Uzbekistan, and discusses case law, provides examples and provides scientific explanations.","PeriodicalId":506694,"journal":{"name":"International Journal of Law and Policy","volume":"20 6","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140432288","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 is dedicated to the study of legal regulation of the institution of disciplinary responsibility and identifies its main problems. The expediency of separation of general and special disciplinary responsibility is substantiated. The article analyzes disciplinary responsibility as a type of judicial responsibility, сoncept of labor discipline, disciplinary offense, systematic and a single flagrant violation by the worker of his labor duties, peculiarities of the application of disciplinary sanctions. There were developed both theoretical proposals and proposals for amending legislation on the legal regulation of disciplinary responsibility.
{"title":"A Disciplinary Responsibility by the New Labor Legislation of the Republic of Uzbekistan","authors":"Mukhammadamin Karimjonov","doi":"10.59022/ijlp.158","DOIUrl":"https://doi.org/10.59022/ijlp.158","url":null,"abstract":"The article is dedicated to the study of legal regulation of the institution of disciplinary responsibility and identifies its main problems. The expediency of separation of general and special disciplinary responsibility is substantiated. The article analyzes disciplinary responsibility as a type of judicial responsibility, сoncept of labor discipline, disciplinary offense, systematic and a single flagrant violation by the worker of his labor duties, peculiarities of the application of disciplinary sanctions. There were developed both theoretical proposals and proposals for amending legislation on the legal regulation of disciplinary responsibility.","PeriodicalId":506694,"journal":{"name":"International Journal of Law and Policy","volume":"102 5","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140433456","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 research focuses on the application of the concepts of "the employment contract", "termination of the employment contract" and "dismissal" and cases when the employment contract was terminated due to circumstances beyond the control of the parties. Though the Labor Code of the Republic of Uzbekistan clearly defines the grounds for termination of an employment contract in cases beyond the control of the parties, there is no mechanism for applying these grounds in practice. In other words, there are no rules for terminating an employment contract, on what basis, in what order and for how long.
{"title":"Problems of Application of Termination of Employment Contract due to Circumstances beyond the Control of the Parties","authors":"Dostonjon Murodullaev","doi":"10.59022/ijlp.155","DOIUrl":"https://doi.org/10.59022/ijlp.155","url":null,"abstract":"The research focuses on the application of the concepts of \"the employment contract\", \"termination of the employment contract\" and \"dismissal\" and cases when the employment contract was terminated due to circumstances beyond the control of the parties. Though the Labor Code of the Republic of Uzbekistan clearly defines the grounds for termination of an employment contract in cases beyond the control of the parties, there is no mechanism for applying these grounds in practice. In other words, there are no rules for terminating an employment contract, on what basis, in what order and for how long.","PeriodicalId":506694,"journal":{"name":"International Journal of Law and Policy","volume":"27 5","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140432451","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}
Purpose: In the landscape of the United States, an escalating number of states are ushering in a new era by enacting legislation that affords individuals the right to employ cannabis for medical purposes. However, this commendable stride toward medical autonomy is accompanied by an escalating tension, a discordant symphony of conflict between state and federal jurisdictions. This study embarks on a journey through the labyrinth of legislative intricacies, seeking to unravel the roots of this tension and proffering insights into potential resolutions. At the heart of the matter lies the dichotomy between state and federal legislation. While states pave the way for medical cannabis use, the federal stance casts a looming shadow of ambiguity and discord. The conflict, multifaceted and dynamic, beckons for a nuanced exploration. Methodology: The study adopted desktop literature research design. Findings: By delving into the intricacies of the legislative measures themselves, this research identifies mitigating factors that can potentially alleviate the tension between conflicting jurisdictions. Mitigation, however, requires more than a superficial understanding of legislative nuances. It demands a comprehensive acknowledgment of the extensive legal and medical data interwoven with the fabric of cannabis use for medical purposes. Unique Contribution to Theory, Practice and Policy: The study advocates for a holistic approach, urging policymakers to draw upon a repository of knowledge that transcends mere legal frameworks. In doing so, it seeks to bridge the gap between state and federal perspectives, fostering a more informed and cooperative discourse. Navigating the path toward resolution involves a delicate balance. The sculpting of legislative measures should be informed by a deep appreciation of the medical intricacies associated with cannabis use. The study underscores the significance of considering medical data as an essential compass in the journey toward harmonizing state and federal regulations. By acknowledging the complex interplay between legality and medical efficacy, this research contributes to the ongoing dialogue surrounding cannabis legislation. In conclusion, this study illuminates the intricate dance between state and federal jurisdictions in the realm of medical cannabis use. Through a meticulous examination of legislative intricacies and a robust consideration of legal and medical data, it endeavors to pave the way for a more harmonious coexistence between state and federal perspectives.
{"title":"International Effect: The Ongoing Tension with Medical Marijuana Legalization","authors":"Gabriel Vadasz","doi":"10.47604/ijlp.2261","DOIUrl":"https://doi.org/10.47604/ijlp.2261","url":null,"abstract":"Purpose: In the landscape of the United States, an escalating number of states are ushering in a new era by enacting legislation that affords individuals the right to employ cannabis for medical purposes. However, this commendable stride toward medical autonomy is accompanied by an escalating tension, a discordant symphony of conflict between state and federal jurisdictions. This study embarks on a journey through the labyrinth of legislative intricacies, seeking to unravel the roots of this tension and proffering insights into potential resolutions. At the heart of the matter lies the dichotomy between state and federal legislation. While states pave the way for medical cannabis use, the federal stance casts a looming shadow of ambiguity and discord. The conflict, multifaceted and dynamic, beckons for a nuanced exploration. \u0000Methodology: The study adopted desktop literature research design. \u0000Findings: By delving into the intricacies of the legislative measures themselves, this research identifies mitigating factors that can potentially alleviate the tension between conflicting jurisdictions. Mitigation, however, requires more than a superficial understanding of legislative nuances. It demands a comprehensive acknowledgment of the extensive legal and medical data interwoven with the fabric of cannabis use for medical purposes. \u0000Unique Contribution to Theory, Practice and Policy: The study advocates for a holistic approach, urging policymakers to draw upon a repository of knowledge that transcends mere legal frameworks. In doing so, it seeks to bridge the gap between state and federal perspectives, fostering a more informed and cooperative discourse. Navigating the path toward resolution involves a delicate balance. The sculpting of legislative measures should be informed by a deep appreciation of the medical intricacies associated with cannabis use. The study underscores the significance of considering medical data as an essential compass in the journey toward harmonizing state and federal regulations. By acknowledging the complex interplay between legality and medical efficacy, this research contributes to the ongoing dialogue surrounding cannabis legislation. In conclusion, this study illuminates the intricate dance between state and federal jurisdictions in the realm of medical cannabis use. Through a meticulous examination of legislative intricacies and a robust consideration of legal and medical data, it endeavors to pave the way for a more harmonious coexistence between state and federal perspectives.","PeriodicalId":506694,"journal":{"name":"International Journal of Law and Policy","volume":"20 13","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139528847","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}
Digitalization is transforming economic activities, necessitating updated legal and policy frameworks for appropriate jurisdiction and governance. The borderless nature of digital trade introduces complexities around applicable laws, taxes, responsibilities, and liabilities. This paper reviews current debates on regulating digital spaces and reimagining digital borders to support equitable governance. Doctrinal and comparative analyses examine jurisdictional complexities. Grounded Theory assess regulatory initiatives. Ambiguous jurisdiction enables large platforms to circumvent laws. Prescriptive control risks stifling innovation. Blending scope-based rules with effects-based standards can balance control and openness. Principles-based extraterritorial applications of law aligned to global accords, demarcating platforms’ responsibilities based on risk levels and impacts are suggested. It calls for cooperation advancing rights and fairness.
{"title":"Rethinking Digital Borders to Address Jurisdiction and Governance in the Global Digital Economy","authors":"Naeem AllahRakha","doi":"10.59022/ijlp.124","DOIUrl":"https://doi.org/10.59022/ijlp.124","url":null,"abstract":"Digitalization is transforming economic activities, necessitating updated legal and policy frameworks for appropriate jurisdiction and governance. The borderless nature of digital trade introduces complexities around applicable laws, taxes, responsibilities, and liabilities. This paper reviews current debates on regulating digital spaces and reimagining digital borders to support equitable governance. Doctrinal and comparative analyses examine jurisdictional complexities. Grounded Theory assess regulatory initiatives. Ambiguous jurisdiction enables large platforms to circumvent laws. Prescriptive control risks stifling innovation. Blending scope-based rules with effects-based standards can balance control and openness. Principles-based extraterritorial applications of law aligned to global accords, demarcating platforms’ responsibilities based on risk levels and impacts are suggested. It calls for cooperation advancing rights and fairness.","PeriodicalId":506694,"journal":{"name":"International Journal of Law and Policy","volume":" 10","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139627606","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}
Purpose: The purpose of this study is to thoroughly examine land ownership in Cameroon, focusing on the legal classification of land, the legal and institutional framework governing land registration, and the procedures for obtaining a land certificate. Methodology: This study adopts a qualitative research approach, emphasizing content analysis of relevant data. It involves a detailed examination of legal documents, policies, and case studies related to land ownership in Cameroon. Findings: The findings reveal a diverse array of land forms in Cameroon, highlighting a comprehensive legal framework for land acquisition. However, discrepancies exist in the implementation of these laws, leading to conflicts and uncertainties in land ownership. The study identifies a significant gap in land title formalization, with many landowners relying on informal agreements or deeds of conveyance as proof of ownership. Furthermore, the findings suggest the need for further research into the intersection of ethnicity, land ownership, and the role of private corporations in land disputes. Unique Contribution to Theory, Practice, and Policy: This study contributes to the theoretical understanding of land ownership in a post-colonial African context, specifically examining the complexities in Cameroon. It offers practical insights for policymakers, legal practitioners, and landowners on the challenges and potential solutions in the land registration process. The study strongly recommends a revision of the existing land laws in Cameroon to align with contemporary realities and address the identified challenges.
{"title":"Land Ownership in Cameroon: An Overview","authors":"Nessie-Sandra Loh","doi":"10.47604/ijlp.2238","DOIUrl":"https://doi.org/10.47604/ijlp.2238","url":null,"abstract":"Purpose: The purpose of this study is to thoroughly examine land ownership in Cameroon, focusing on the legal classification of land, the legal and institutional framework governing land registration, and the procedures for obtaining a land certificate. Methodology: This study adopts a qualitative research approach, emphasizing content analysis of relevant data. It involves a detailed examination of legal documents, policies, and case studies related to land ownership in Cameroon. Findings: The findings reveal a diverse array of land forms in Cameroon, highlighting a comprehensive legal framework for land acquisition. However, discrepancies exist in the implementation of these laws, leading to conflicts and uncertainties in land ownership. The study identifies a significant gap in land title formalization, with many landowners relying on informal agreements or deeds of conveyance as proof of ownership. Furthermore, the findings suggest the need for further research into the intersection of ethnicity, land ownership, and the role of private corporations in land disputes. Unique Contribution to Theory, Practice, and Policy: This study contributes to the theoretical understanding of land ownership in a post-colonial African context, specifically examining the complexities in Cameroon. It offers practical insights for policymakers, legal practitioners, and landowners on the challenges and potential solutions in the land registration process. The study strongly recommends a revision of the existing land laws in Cameroon to align with contemporary realities and address the identified challenges.","PeriodicalId":506694,"journal":{"name":"International Journal of Law and Policy","volume":"123 11-12","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139181299","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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