Russian Law Journal

ACHIEVING ENERGY SECURITY IN ALGERIA THROUGH HARNESSING RENEWABLE ENERGIES

BELFAR Chaouki — Thu, 16 Jan 2025 00:00:00 +0000

Achieving energy security through renewable energy contributes to diversifying energy sources and improving the sustainability of the energy system in Algeria. It also supports global efforts to combat climate change and achieve sustainable development.

Moreover, the exploitation of renewable energies holds significant importance in our lives due to the global concern over the depletion of traditional energy sources and the various serious environmental issues they cause. Exploiting renewable energies has become an inevitable alternative, and integrating renewable energy has become necessary to achieve energy security. Algeria has worked on developing renewable energies through several national programs, leveraging its significant national potential in this field, furthermore, finding new ways to formulate strategies for solving the financing and development challenges of renewable energy has become imperative.

THE ROLE OF THE JUDGE IN ARBITRAL AWARDS IN ACCORDANCE WITH THE CIVIL AND ADMINISTRATIVE PROCEDURES LAW.

KICHOU Wardia — Thu, 16 Jan 2025 00:00:00 +0000

Although the jurisdiction is exclusive to the judge in the implementation, the arbitrator can have an important role in the implementation process, for judges, in all legal systems, they exercise control over arbitral awards on the occasion of issuing the order to enforce them, and this is not a question of the arbitration system or lack of confidence in that country. Despite the important role of arbitrators in implementation, as judges with limited constraints and virtually unlimited procedural powers, they are often asked to identify facts arising from cultural interactions they have never been exposed to, asked to apply a law they have not seen before, and they sit side by side with their colleagues who often misunderstand them, and relentlessly misled by lawyers and expert witnesses on both sides, and they do not share the same cultural background as the witnesses. Therefore, it was necessary to exercise control by the judge, and the forms of national judicial control over the arbitral award vary according to the purpose behind the implementation of this control. The enforcement of arbitral awards can be monitored by a judge in order to verify the conditions that must be met and the degree of compliance with national law for the recognition and enforcement of arbitral awards.

FIGHTING CYBERCRIME WITH IN THE FRAMEWORK OF INTERNATIONAL ORGANISATIONS: EFFECTIVENESS AND CHALLENGES.

HAKIMABOUKEHIL, BOUKREDINE HIBA — Thu, 16 Jan 2025 00:00:00 +0000

The widespread use of modern technologies has led to the emergence of many new crimes, including cybercrime, which pose significant risks to both individuals and society. Given the international nature of this serious crime and the intelligence level of its perpetrators, international organisations, regardless of their differences, are striving alongside states to combat this type of crime. This is achieved either by specifying in their charters acts that are considered cybercrimes, by holding specialised conferences or by activating methods of international cooperation that are considered essential, especially after the ineffectiveness of national laws in eradicating or even reducing these crimes has been demonstrated. However, states and international organisations face several challenges in achieving their goals, which reduce their effectiveness.

THE NEED TO ACTIVATE INTERNATIONAL COOPERATION IN CONFISCATING CORRUPT ASSETS

ZEBIRI MARIA — Thu, 16 Jan 2025 00:00:00 +0000

Corruption is considered to be one of the most serious threats to the interests of individuals and the common interests of states. Therefore, most countries have focused on combating this phenomenon with all available means by developing policies and strategies aimed at unifying global efforts within a framework of international cooperation relations that seek to activate mechanisms to combat corruption, particularly with regard to the recovery of proceeds of corruption crimes through confiscation and mutual legal assistance. In this context, the United Nations Convention against Corruption serves as a legislative strategy because of its serious mechanisms based on international cooperation, especially in tracing the proceeds of corruption and working to return them to the requesting States. In order to ensure the achievement of this objective, international documents have urged parties to recognise the enforceability of foreign criminal judgments on the confiscation of criminal proceeds

THE IMPACT OF LEGAL SECURITY ON PROMOTING INVESTMENT ACTIVITY IN ALGERIA

BOUHENTALA LINA — Sat, 11 Jan 2025 00:00:00 +0000

This research addresses the importance of legal security in the development and support of national investment by clarifying the concept of legal security and exploring its constituent elements. It also highlights the key laws related to investment activity, which every investor reviews in order to gain an understanding and familiarize themselves with the legislative policy of the country hosting their investment before proceeding with the investment. To achieve this, developing countries make changes and amendments to their laws to provide the greatest guarantees and incentives for investors, as well as work on developing a judicial system that ensures the necessary protection for these investment activities

LEGAL CRIMINAL MECHANISMS FOR COMBATING CYBERCRIME IN ALGERIAN LEGISLATION

LAIDANI SIHAM1,. SLIMANI SAFIA — Thu, 16 Jan 2025 00:00:00 +0000

Recently, with technological advancements and the massive media revolution, numerous cybercrimes have emerged, such as hacking, involving various forms of attacks on electronic data. The impact of cybercrime has extended to organized crime and other offenses. To curb this phenomenon, international and regional efforts have been coordinated to combat it. Our focus here is on the criminal legal mechanisms provided by the Algerian legislator to combat cybercrime.

THE ROLE OF ARTIFICIAL INTELLIGENCE SYSTEMS IN SMART ARBITRATION

TARAK QADRI — Thu, 16 Jan 2025 00:00:00 +0000

Smart contracts raise legal issues due to their automatic execution mechanism, and the situation becomes more complex when these contracts include an arbitration clause or provision. Furthermore, disputes that may arise in the future, using embedded codes and cryptographic symbols within the contract, lead to what is known as smart arbitration, which is issued by an autonomous arbitration panel that relies on smart and digital legal tools, integrated into the blockchain.

Artificial intelligence systems play an important role in smart arbitration, particularly through what is known as the trusted electronic mediator model. The integration of artificial intelligence into the arbitration system has created a new type of arbitration aimed at improving performance and efficiency in dispute resolution.

THE CONTRIBUTION OF GOVERNANCE PRINCIPLES TO THE ACTIVATION OF THE PRINCIPLE OF FREEDOM OF TRADE AND INDUSTRY

NADIR ARTBAS — Thu, 16 Jan 2025 00:00:00 +0000

Governance, or as some refer to it, the application of good governance, is one of the modern concepts that has garnered significant attention from researchers due to its impact on all fields. It is a key requirement for effective management within companies. Interest in governance increased after the economic collapses and financial crises experienced by many countries, including Russia and the United States, which suffered from administrative and financial corruption as well as poor management by corporate executives. This situation made it difficult to attract capital.

THE SHIFT TOWARDS THE PROMOTION OF THE DIGITAL ECONOMY IN THE CONTEXT OF ELECTRONIC BANKING

HAMIDANI MOHAMED — Thu, 16 Jan 2025 00:00:00 +0000

Electronic banking is one of the areas of innovation in the banking sector, which aims to develop methods of delivering banking services and increasing their efficiency through the use of modern technologies. One of the most prominent features of electronic banking is the intensification of competition based on the use of information and communication technologies, supported by integration into the digital economy. The latter is based on information technology and digital information exchange services, which have become the basis for business performance, especially electronic banking, which is one of the results of the digital economy.

THE CONTRIBUTION OF REAL ESTATE REGISTRATION LEGISLATION IN THE SULTANATE OF OMAN TO THE ESTABLISHMENT OF A FOREIGN INVESTMENT FRAMEWORK

YOUBA KICHOU — Thu, 16 Jan 2025 00:00:00 +0000

Countries are measured by the strength of their laws and the diversity of their regulatory frameworks, which serve society while keeping pace with global legal developments. This adaptability attracts foreign investors whose projects can contribute to the economic growth and development of the host country.

It is clear that most investments, whether industrial, agricultural or developmental, require a secure property portfolio. The legal security of property is primarily derived from the registration system, in particular the comprehensive land registration system, which is based on detailed surveys of state land. This system assigns unique identifiers to each property, providing comprehensive information on its description, physical attributes, area, boundaries and location. The legal registration process, administered by the Real Estate Registration Authority, publishes properties in a special registry, creating a specialised database that assists in real estate management, matching investments to property characteristics, and attracting foreign investment seeking a secure environment.

The property registration system, which is based on global standards, has been widely adopted by countries that previously did not have a registration system or used a personal registration system that did not provide legal certainty. The latter system relies on property owners and does not adequately account for the properties themselves, leading to confusion over ownership and fraudulent transactions. Such instability may deter foreign investors.

This study examines the relationship between property registration legislation and foreign investment promotion requirements, and assesses the adequacy of this legislation in promoting foreign investment for development purposes.

Research question: To what extent is the real estate registration legislation in the Sultanate of Oman sufficient to attract foreign investment and achieve development?

To answer this question, the study is divided into two main sections:

The need for legal certainty in real estate for foreign investment.
Providing investors with enhanced protection in dispute resolution.

Ultimately, the study aims to provide an analytical review of Oman’s Real Estate Registration Law in relation to the requirements of foreign investment.

THE LEGAL FRAMEWORK OF THE OMBUDSMAN INSTITUTION IN THE 2020 CONSTITUTIONAL AMENDMENT

AMEL BOUSSADIA — Thu, 16 Jan 2025 00:00:00 +0000

Various international legislations, such as those in France, Sweden, Spain, Tunisia, and Egypt, recognize the Ombudsman Institution as an entity aimed at preserving citizens' rights, safeguarding freedoms, curbing administrative abuses, and combating corruption. To shed light on the role of the Ombudsman in protecting public freedoms, this research is dedicated to exploring the various aspects of this topic. We have divided the study into two main sections. The first section addresses the nature of the Ombudsman Institution and the limits of its intervention, while the second section is devoted to the functional framework of the Ombudsman Institution.

THE NATURE OF THE BUYER'S ELECTRONIC FULFILLMENT RISKS- REALITY AND CHALLENGE

KORICHIRAZIKA ,LEMOUCHIA SAMIA — Thu, 16 Jan 2025 00:00:00 +0000

The global trend towards the horizons of digital work has had a major role in the electronic fulfillment process gaining special importance in the recent period, as it is a new system produced by e-commerce that works according to modern electronic mechanisms that did not exist before. Thus, the electronic fulfillment mechanism is one of the most important rights and obligations arising from electronic transactions, but rather a fundamental pillar, if we do not say that this transaction is what led to the emergence of this commitment between the contracting parties, so the concern was for the necessity to define the mechanism of fulfillment on the network itself by means of a bank card, or any method of electronic fulfillment.

Nevertheless, we find that those who shop online often feel insecure about the electronic piracy operations when fulfilling the financial value of the transactions concluded electronically, and then feel that they are not legally protected, and they do not know the truth of their legal status, as is the case with the buyer who deals electronically. So that the feeling of the inability of the other party, who is the seller, to fulfill his legal obligations according to the commercial offer submitted by him. Therefore, the issue of providing the confidentiality of electronic payment card information and thus the security of fulfilling its financial value is one of the obstacles to the growth of electronic commerce.

LEGAL AND JURISPRUDENTIAL FOUNDATIONS OF MARRIAGE IN ALGERIAN AND COMPARATIVE FAMILY LAW: CONDITIONS AND FORMULATION OF MARRIAGE

AHMED BOURANE, MOHAMED MAHFOUDH — Thu, 16 Jan 2025 00:00:00 +0000

This article explores the legal and jurisprudential foundations of marriage within the context of Algerian and comparative family law, focusing on the conditions and formulation of marriage. It examines the historical and contemporary legal frameworks that regulate marriage in Algeria, highlighting key legal provisions, socio-cultural influences, and religious considerations that shape marital institutions. Additionally, the article compares the Algerian legal system with other legal traditions, addressing similarities and differences in the recognition of marriage, its formation, and associated requirements such as consent, age, and capacity. Through a detailed analysis of jurisprudential interpretations, the article also identifies how family law has evolved in response to changing societal values and the role of courts in interpreting marital law. The comparative approach offers insights into potential reforms and the harmonization of legal principles across different jurisdictions.

FIGHTING ILLICIT SPECULATION IN THE ALGERIAN LAW BETWEEN WAYS OF PREVENTION AND CRIMINAL REPRESSION

HOUSSAM BOUHADJAR, YACINE MEFTAH — Thu, 16 Jan 2025 00:00:00 +0000

The Algerian legislator has adopted a comprehensive strategy to fight illicit speculation through Law No. 21-15. This law focuses primarily on implementing preventive measures and engaging civil society, the media, and families alongside the State and territorial authorities to raise awareness and prevent illicit speculation. It criminalizes all forms of illicit speculation, emphasizes their suppression, and establishes special procedures for detection and prosecution, based on the belief that this phenomenon poses significant risks to economic and social security as well as the stability of the State. Thus, the importance of this study lies in examining the measures adopted by the Algerian legislator to fight illicit speculation.

PARTICULARITY OF THE PROSECUTION IN CRIMES RELATED TO THE USE OF ICT IN ALGERIA

MEHALLEGUE JAMILLA — Thu, 16 Jan 2025 00:00:00 +0000

Technological development has led to the use of ICT (ICT), accompanied by a transformation in various fields of life, leading to the emergence of information crime threatening the security and safety of individuals, society and countries. Therefore, the Algerian legislator is confronting this information crime with appropriate techniques since it does not leave physical traces. Search, examination and investigation in a digital virtual environment are used to get digital evidence to prove and repress the crime which is borderless, raising the issue of conflict of laws and imposes the need to define competent jurisdiction and applicable law, as well as international judicial cooperation.

SPREADING AWARENESS IN SCHOOLS AND COLLEGES ABOUT ND AND PS

SUMAN SHARMA, B.L BISHNOI, ANIL KAUSHIK , DILSUKH THALOR — Thu, 16 Jan 2025 00:00:00 +0000

The abuse of narcotic drugs (ND) and psychotropic substances (PS) is a growing public health concern, particularly among the youth. Schools and colleges, as educational institutions, play a vital role in shaping the awareness and behavior of students regarding such substances. The lack of proper education and awareness about the dangers of narcotic drugs and psychotropic substances can lead to an increase in their consumption, which in turn contributes to various social, psychological, and health problems. This paper focuses on the importance of spreading awareness in educational institutions about the harmful effects of ND and PS. It also explores existing awareness programs and strategies that can be employed to educate students about the risks of substance abuse and the need for preventive measures. Through a review of legislative frameworks, academic studies, and case examples, the paper advocates for the integration of substance abuse awareness into the school and college curriculum.

POSITION OF JOINT LIABILITY UNDER CRIMINAL LAW (A STUDY OF LEGISLATIVE PROVISIONS AND JUDICIAL TRENDS)

SUMAN SHARMA, B.L BISHNOI, ANIL KAUSHIK , DILSUKH THALOR — Thu, 16 Jan 2025 00:00:00 +0000

Joint liability under criminal law is an important legal concept that determines the degree of accountability shared by multiple individuals involved in the commission of a crime. It encompasses scenarios where two or more parties are jointly held responsible for a criminal act, irrespective of their individual roles. The concept finds its basis in various legal provisions, and the interpretation of its scope has evolved through judicial pronouncements. This paper explores the legislative provisions related to joint liability, including provisions under the Indian Penal Code (IPC), and examines judicial trends in shaping its application. Through a comprehensive analysis of case law and legal texts, this study aims to highlight how joint liability is applied and the challenges involved in its implementation.

PRIVILEGES AND RECLAMATION IN ALGERIAN LEGISLATION: BALANCING INVESTMENT PROMOTION AND FOOD SECURITY

LAIB RIMA — Thu, 16 Jan 2025 00:00:00 +0000

The Algerian state, through its investment policy, aims to find an alternative to financial resources other than oil revenues. This has resulted in the issuance of numerous legal texts, which we have analysed in order to understand the mechanisms of concessions and reclamation for investment in agricultural land within Algerian legislation as two ways of achieving food security.

We concluded that the mechanism for exploiting agricultural land under Law 10/03 is the concession, along with its implementing decree 10/326. The mechanism of reclamation through cession is based on Law 83/18, which granted a five-year period to complete an appropriate project, with a resolutory condition to benefit from the cession in exchange for reclamation.

Regarding reclamation by concession: we distinguished between two phases: reclamation by concession, which could be converted into cession under the now repealed Executive Decree 97/483, and reclamation by concession, which could not be converted into cession under Executive Decree 21/432, amended and supplemented by Executive Decree 24/55, which negated the possibility of converting the concession into cession even after the land had been reclaimed. Executive Decree 24/55 introduced exceptional procedures for projects of a strategic nature, encouraging investments to achieve food security.

THE LEGAL PERSONALITY OF INTELLIGENT ROBOTS: BETWEEN EXISTENCE AND NON-EXISTENCE

FATIMA ZOHRA DJENDOULI — Thu, 16 Jan 2025 00:00:00 +0000

The current global development has led to the emergence of a Fourth Industrial Revolution, primarily based on artificial intelligence systems. This has led to numerous applications, the most important of which are intelligent robots. Undoubtedly, their entry into various fields has raised many legal issues. The treatment of these robots is one of the issues that has led legal scholars to consider the possibility of granting them legal personality, either by including them among recognized legal entities or by assigning them new legal rules, thus recognizing them as a distinct category. This proposal has received support from some legal entities while facing opposition from others.

A LEGAL STUDY ON THE LEGITIMACY OF TRANSACTIONS IN DIGITAL CURRENCIES (BITCOIN AS A MODEL).

HAMZA BELHOCINI — Thu, 16 Jan 2025 00:00:00 +0000

Cryptocurrencies are considered one of the most significant innovations in financial technology and have experienced unprecedented growth in recent years due to the rise of e-commerce. Among these currencies, bitcoin stands out as a decentralized digital currency. The novelty of this type of currency and its unique characteristics have clearly and significantly influenced the determination of its legal nature. In addition, its characteristics have contributed to the expansion of its application, leading some legislators to seek a legal framework to accommodate this new technological entrant.

Due to the importance of this issue, it will be addressed through two sections: the first is dedicated to studying the concept of bitcoin as a cryptocurrency, while the second evaluates bitcoin as a cryptocurrency.

CASE STUDY: QUALITY OF PUBLIC SERVICES PICKING UP BIRTH CERTIFICATES IN BONE REGENCY

ULYA APRILLIA, RASYID THAHA, A. LUKMAN IRWAN — Thu, 16 Jan 2025 00:00:00 +0000

A case study is a research approach that is used to deepen the understanding of a real situation in a specific context. This study uses a field case study research method. Data collection for a case study conducted by researchers in 2022 in Bone Regency. Data collection techniques by means of observation (casual, systematic, and participatory), interviews with the Population and Civil Registration Office of Bone Regency and data triangulation to obtain a better degree of information validity. From the results of this case study, there will be a result of the Quality of Public Service Picking Up Birth Certificates in Bone Regency. The results of the case study obtained from the field are that the results of the implementation of the Pick-up Ball Service have not met the requirements and the quality of public services is still low in Bone Regency. From the results of the case study, it is necessary to improve services in the implementation of the Implementation of Pick Up the Ball so that more deeds.

LEGAL PROTECTION OF MULTIMEDIA WORKS IN ALGERIAN LEGISLATION

SIHEM KAROUNE — Thu, 16 Jan 2025 00:00:00 +0000

This research aims to study the legal protection of multimedia works in Algerian legislation, given the seriousness of the infringements affecting these works in the digital environment. The research concludes that the protection established by the Algerian legislator in this field remains insufficient, as it does not take into account the digital specificity of these works. This requires the legislator to amend the intellectual property laws, in particular the Decree 03-05 on Copyright and Related Rights, in order to include mechanisms for the protection of multimedia works that are adapted to their digital nature.

THE ROLE OF THE RESPONSIBILITY WHILE PROTECTING INITIATIVE IN PROMOTING THE RESPONSIBILITY TO PROTECT

ROUABHIA AMAL — Thu, 16 Jan 2025 00:00:00 +0000

After severe criticism of humanitarian intervention, the Responsibility to Protect (R2P) emerged as a new approach to protecting civilians from serious crimes, reconciling the principle of sovereignty with the duty to intervene. R2P is based on three pillars: the responsibility of the state to protect, international assistance and capacity-building, and a timely and decisive response. However, the deviation in the application of R2P to the conflict in Libya in 2011 revealed numerous flaws within the principle. In response, Brazil proposed a new initiative called ‘Responsibility While Protecting’, which emphasises that the international community must demonstrate a high level of responsibility while providing protection. Despite the support it received from the then UN Secretary-General, it also faced significant criticism and was rejected by most major states, ultimately leading Brazil to abandon its initiative.

FEATURES OF USING ARTIFICIAL INTELLIGENCE TECHNOLOGIES IN JUDICIAL ACTIVITY

ZARINA ERBUTAEVA — Thu, 16 Jan 2025 00:00:00 +0000

this article is devoted to topical issues of the use of artificial intelligence in judicial activity, the study of public relations that have emerged as a result of the transformation of society with rapid digitalization. The article presents the existing approaches to the interpretation of the concept of "artificial intelligence" in relation to the concepts of "natural intelligence", "robot" and "superintelligence". The approaches to the introduction of artificial intelligence in judicial proceedings are being investigated. The author reveals the main types, features and legal nature of artificial intelligence, examines the areas of application of artificial intelligence technologies in judicial activity, identifies possible problems and challenges that may arise when introducing artificial intelligence into judicial activity. The main problems of legal regulation of the use of artificial intelligence technologies in courts are described. The article presents the opinions of various researchers on existing problems, and suggests possible solutions. The author notes that the introduction of artificial intelligence technologies into judicial activities, of course, helps to optimize some routine processes in courts and improve the organization of the court staff as a whole, opens up new opportunities for "predictive justice." At the same time, the author emphasizes that the use of artificial intelligence technologies in court requires the development of an appropriate standard that will outline clear boundaries for the use of this technology, in such a way as to take into account compliance with the principles of justice, as well as the constitutional rights and freedoms of citizens.

BUILDING A POLICY AND LEGAL FRAMEWORK FOR SUSTAINABLE DEVELOPMENT OF CIRCULAR AGRICULTURE IN VIETNAM

PHAM THI TUYET GIANG — Thu, 16 Jan 2025 00:00:00 +0000

The circular economy in agriculture is a significant driving force contributing to the sustainable development of Vietnam's agriculture. To operate and develop a circular economy in the industry effectively, Vietnam must create and implement many solutions synchronously, in which policy and legal solutions are considered essential factors. The article provides an overview of the current situation of circular economy operation in agriculture in Vietnam, thereby proposing some solutions to orient the development of a suitable legal and policy framework for sustainable development to maintain this economic model in Vietnam.

AN ANALYSIS OF DOMESTIC LAWS AND REGIONAL/INTERNATIONAL ENVIRONMENTAL TREATIES ADOPTED BY THE REPUBLIC OF IRAQ AND THEIR IMPLICATIONS

Thu, 16 Jan 2025 00:00:00 +0000

The ever-increasing spread of pollution has negatively affected the world's air, soil, and water in various ways. On the one hand, the reduction of the natural quality of human life as a result of the disruption in environmental balance and suitability, on the other hand, has caused governments, organizations, and international assemblies to formulate and implement laws and regulations to prevent environmental pollution and destruction. Binding environmental principles and rules lead to the gradual development of ecological legislation at the national and international levels. Today, environmental laws and regulations serve as crucial tools for environmental management and the protection of its resources. Meanwhile, an important question arises regarding which specific rules and regulations the Republic of Iraq has adopted to ensure and support environmental preservation. The result of the research indicated that the Republic of Iraq has taken significant strides within its domestic sphere to establish or revise diverse laws, regulations, and policies to implement various legal safeguards and enhance environmental management practices. On the international front, Iraq has become a participant in numerous international treaties. However, further measures across legal, economic, cultural, and other domains are required to achieve the ultimate goal and desired perfection.

EFFECTIVENESS OF THE ROLE OF HIGHER AUTHORITY FOR TRANSPARENCY, PREVENTION AND COMBATING CORRUPTION IN ACHIEVING THE PREVENTION OF CORRUPTION FROM THE PERSPECTIVE OF ALGERIAN LAW NO. 22-08

ELFAHLA MADIHA — Thu, 16 Jan 2025 00:00:00 +0000

Algerian legislator has adopted a strategy that blends deterrence and prevention to confront and combat corruption. Preventive mechanisms are in place in advance to reduce the incidence of corruption, and prevention policy relies mainly on bodies, the most important of which is the Higher Authority for Transparency and Prevention of Corruption, an independent constitutional institution It was created by the Constitutional Amendment of 2020, followed by the promulgation of its Organic Law No. 22-08, which expanded its powers in the preventive field, such as its competence to receive property declarations and ensure their processing and control. It was entrusted with oversight functions to notify the competent judicial authorities of corruption offenses. Also, it was given the authority to carry out administrative and financial investigations into manifestations of illicit enrichment of the employee, as well as other powers aimed at achieving the highest indicators of integrity and transparency in the conduct of public affairs, career ethics, the promotion of good governance, prevention and the fight against corruption.

MANAGEMENT OF SOURCES OF PUNISHMENT

FATIMA ZOHRA SENNOUR — Thu, 16 Jan 2025 00:00:00 +0000

There is no legal definition of white-collar crime, and authors do not always categorise the same offences within this legal framework. The definition of offences is based on economic considerations. Criminal sanctions are cumulative with administrative sanctions.

It is therefore important to question the specificities of economic criminal law in relation to special criminal law, general criminal law and criminal procedure, and to consider whether these specificities make it an autonomous branch of law distinct from other criminal disciplines. Moreover, we should ask whether this law merely manages these sources of punishment between repressive and preventive measures. This paper serves as an introduction to economic law, adopting a diachronic approach and remaining open to other legal systems and contexts.

INTERNATIONAL PROCEDURAL OBSTACLES IN COMBATING CYBERCRIME

ABDELKADER CHATRI — Thu, 16 Jan 2025 00:00:00 +0000

Cybercrime is regarded as one of the most important crimes affecting the international community due to its cross-border nature, facilitated by technological advancements and the rapid, widespread use of the internet. As a result, individual states have become unable to fight it effectively on their own, even when possessing sufficient material and human resources. This has necessitated integration into an international framework, reflected in the adoption of several regional and international agreements. However, the effective implementation of these agreements faces several international procedural challenges, most notably jurisdictional conflicts and difficulties in executing letters rogatory, including judicial requests and extradition procedures.

PROMOTING ENGLISH-LANGUAGE EDUCATION AT THE ALGERIAN UNIVERSITY (FACULTIES OF LAW AS A MODEL)

HADDOUCHE OUERDIA — Thu, 16 Jan 2025 00:00:00 +0000

The most prominent developments that have characterized Algerian university education in recent years is the trend towards teaching in English, which culminated in communication No. 1433 issued by the Secretary-General, Abdelhakim Bentlis, on September 28, 2022, addressed to the heads of regional seminars, the intention of the Minister of Higher Education, Mr. Kamal Badari, to popularize and promote the use of the English language. In the era of globalization, the professor and university student in Algeria must master the language of the age, "English", and it is not enough to master the language to be studied as a language only, but it must be taught and generalized in the teaching of some subjects in legal sciences such as "legal terminology".

UPDATING METHODS OF IMPLEMENTING PUNISHMENT WITH THE INTELLECTUAL TRENDS OF MODERN PENAL JURISPRUDENCE -THE DIALECTIC OF - PUNISHMENT OR REFORM?

BENGHALEM BOUMEDIENE, BENDAHGANE AL-AZHARI ALAAEDDINE — Thu, 16 Jan 2025 00:00:00 +0000

The article aims to clarify the new philosophy formulated by modern criminal jurisprudence in implementing the punishment on the offender, by transforming it into a tool for reform instead of deterrence, through its attempt to eradicate the roots of the crime and combat its return on the one hand, and on the other hand to combat the phenomenon of prison overcrowding caused by the punishment of short-term imprisonment, and the friction of prisoners among themselves and the resulting acquisition of new criminal skills, which this jurisprudential trend seeks to combat by adopting new alternatives to punishment, which would eliminate this difficult problem, which has become a concern for countries, which the Algerian legislator has followed in recent years in line with the latest scientific research revealed by the science of punishment.

THE SPECIFICITY OF THE OFF-PLAN SALES CONTRACT

NAAR FATIHA — Thu, 16 Jan 2025 00:00:00 +0000

The off-plan sale contract is a technique which allows individuals to acquire a dwelling through a contract under which the buyer can pay in several instalments the price of the property to be acquired.

What distinguishes this type of sale is that the object of the contract does not exist when the contract is concluded, but it is possible to exist in the future, which gives it a particularity that distinguishes it from the ordinary sales contract.

Through this research work, we would like to clarify to what extent the rules governing off-plan sales contract deviate from the general rules which apply to the traditional contract of sale, by highlight the specificity of this type of sales due to its importance.

TRADING OF TRANSFERABLE SECURITIES ACCORDING TO THE GENERAL SYSTEM OF TRANSFERABLE SECURITIES MARKET ISSUED IN 2024

KAHALERRAS SAMAH, CHOUAIDIA MOUNIA — Thu, 16 Jan 2025 00:00:00 +0000

The issue of the trading of transferable securities according to the new system issued in 2024 holds significant importance from both legal and economic perspectives. The Algerian legislator aimed, through this amendment, to address the shortcomings present in the previous legal framework, particularly with regard to the organization and regulation of the trading of transferable securities, due to their effective role in attracting investments and revitalizing the financial market, thus increasing the activity of the Algerian Stock Exchange and contributing to the national economic development.

The Algerian legislator has established strict legal controls that define the conditions and procedures for trading transferable securities on the financial markets established under the system 23-04. In line with technological advances, the trading of securities can now be carried out through an electronic platform

LIMITS OF THE SECURITY COUNCIL'S AUTHORITY IN IMPOSING ECONOMIC SANCTIONS

HANANE HADJI1 — Thu, 16 Jan 2025 00:00:00 +0000

Economic sanctions are one of the most important forms of international sanctions, which is why they have received considerable attention from countries and international organizations. Economic sanctions take various forms, including threats, naval blockades, boycotts, and penalties for non-compliance.

The Security Council has broad powers to assess the actions of the offending state, which may fall under one of the situations listed in Article 39 of the United Nations Charter. However, the Security Council's freedom to impose sanctions is limited by legal, political, and humanitarian constraints.

ARTIFICIAL INTELLIGENCE CONTRIBUTION EXTENT IN ESTABLISHING GOVERNANCE PRINCIPLES IN COMMERCIAL COMPANIES

LAMMARI YAMINA — Thu, 16 Jan 2025 00:00:00 +0000

Artificial intelligence technology has become crucial and potentially hazardous in today's digital age due to the emergence of intelligent applications. The latter have affected various aspects. They contribute to serving and advancing humanity through engineering smart machines, computer devices, and programs that can think like the human brain. This technology can learn, acquire information, analyze data, establish relationships, make sound decisions, and provide appropriate reactions to different situations efficiently. Accordingly, this research addresses the technical and legal methods and mechanisms for leveraging AI applications to develop the principles of governance in commercial companies to preserve the interests of all involved parties.

The topic of ethics in legal research is among the most discussed subjects by legal scholars. It pertains to the extent of adherence to ethical guidelines in the preparation of scientific research in the field of law, in accordance with specific standards

HAMDOUD IBTISSAM, KHARCHI LAZHAR, BAADACHI ZOULIKHA — Thu, 16 Jan 2025 00:00:00 +0000

The topic of ethics in legal research is among the most discussed subjects by legal scholars. It pertains to the extent of adherence to ethical guidelines in the preparation of scientific research in the field of law, in accordance with specific standards. The aim is to regulate the relationship between researchers at various stages of preparing legal-scientific research, following sound scientific principles. Undoubtedly, technological advancement has played a significant role in contributing to research preparation, especially with the emergence of numerous applications designed for this purpose, including ChatGPT. Consequently, the objective of this study is to explore the extent to which artificial intelligence impacts the ethics of legal research.

THE LEGAL AUTHORITY OF EVIDENCE IN ELECTRONIC CONTRACTS

NEDJER LOUIZA — Thu, 16 Jan 2025 00:00:00 +0000

Dealing with electronic contracts leads to saving time and effort, encouraging investment, and driving the economy forward. This is achieved through the use of electronic writing and signatures, as they have become instant forms of documentation, unlike traditional writing and signatures, which are recorded on paper. Thus, are the rules of electronic contract evidence an extension of the rules of evidence in traditional contracts? And are its rules of proof sufficiently complete in Algerian civil law? This is what we will attempt to answer in this research.

THE STANCE OF THE UN REGARDING THE PROCESS OF HUMANITARIAN INTERVENTION AMID THE NEW INTERNATIONAL VARIABLES

HABBAZ SANA — Thu, 16 Jan 2025 00:00:00 +0000

The question of humanitarian intervention raises a hot debate amid the legal and political environments and in the international events, as it contradicts with the principles of the international law provided for by the international conventions, such as the respect of the national sovereignty, inadmissibility of intervention in the domestic issues, and the avoidance of force or threatening. In addition, the individual turned into the absolute aim of any legal domestic or external policy, as many international conventions and domestic constitutions protected the human rights and freedoms in times of peace and war, and even granted him the right to resort to the human rights international courts to defend his rights. Thus, we can deduce the recognition of the international legal personality of the individual. The role of the UN and some other international organizations increased with interventions in the domestic issues of some states, what affects the sovereignty and its domestic and external features and aspects. Thus, we believe the future international relations shall witness a decrease in exercising the sovereignty of some states due to the political and legal mechanisms.

PARLIAMENTARY OVERSIGHT OF ADMINISTRATIVE ACTIONS IN THE PARLIAMENTARY SYSTEM

MAMENE BESMA, SEDRATI WAFA — Thu, 16 Jan 2025 00:00:00 +0000

Parliaments perform a number of functions that vary in their scope and range from one country to another, depending on the prevailing constitutional framework, the distribution of government powers, and the level of democratic development, the strength of the parliament, and the capabilities of its members. Respecting popular governance and adhering to the requirements of various democratic principles, contemporary constitutions in political systems have established the principle of subjecting the actions of public administration to parliamentary oversight. This research paper aims to shed light on the legal system upon which this type of oversight is based, as well as the most important foundations and objectives it relies on.

COMPENSATION AS A GUARANTEE MECHANISM FOR PASSENGER RIGHTS IN THE AIR TRANSPORT CONTRACT

ABDELLI WAFA, ABDELLI HABIBA — Thu, 16 Jan 2025 00:00:00 +0000

Air transport has become the fastest means of connecting countries, contributing to the growth of trade and cultural exchange between nations. However, it is essential to acknowledge that this mode of transport is fraught with risks that may lead to bodily or material damages affecting passengers. Such incidents raise the issue of air carrier liability, prompting both international and national legal systems to adopt protective policies ensuring that injured passengers receive adequate compensation for their losses. This approach has been implemented through international conventions and domestic legislation, including those adopted by the Algerian legislator.

THE SPECIFICITY OF CONCILIATION AS AN ALTERNATIVE TOOL FOR RESOLVING DISPUTES BEFORE SPECIALIZED COMMERCIAL COURTS

RABIA ZAHIA — Thu, 16 Jan 2025 00:00:00 +0000

Through the Law No. 08-09 containing the Code of Civil and Administrative Procedures, the Algerian legislator has introduced alternative methods for resolving the judicial disputes. With the amendment of this law by virtue of the Law No. 22-13, these methods were regarded as alternative tools for the peaceful settlement of disputes before the commercial judiciary after the commercial courts were introduced. Consequently, it imposed on the litigants to resort to the conciliation procedure before the initiation of the lawsuit. It also specified special procedures for it and stipulated its supervision by a judge. All of this is for the sake of alleviating the burden on the judiciary and resolving the commercial disputes more quickly and effectively.

ELETRONIC ELECTIONS IN ALGERIA: BETWEEN REALITY AND EXPECTATIONS COMPARATIVE STUDY WITH THE OMANI EXPERIENCE

LASLEDJ NAWEL , BOUZOUALEG KHALED — Thu, 16 Jan 2025 00:00:00 +0000

This research addresses the issue of electronic elections in Algeria compared to the Omani experience in light of the development of technological means and their intrusion into the field of elections in order to save time and achieve transparency and integrity in voting, sorting, and collecting votes until the results are announced .

To confront the specter of fraud that was haunting the electoral process at all its stages, therefore managing the electoral process electronically has become one of the requirements of modern administration. Algeria implemented part of it with regard to registration in electoral lists only and not the other stages, while the Sultanate of Oman has made great strides in the field of managing elections electronically in all its stages, and it is a pioneering experience that deserves to be considered and emulated.

LEGISLATIVE STABILITY AS A PILLAR TO ENSURE INVESTMENT IN ALGERIAN LEGISLATION

RAHMOUNI ABDEREZAK, METARFI ZAKARYA — Thu, 16 Jan 2025 00:00:00 +0000

The legislative stability clause in investment contracts is considered a crucial and fundamental safeguard for investors, serving as an important means of attracting both national and foreign investments to the host country. This clause benefits both parties—the host state and the investor—equally. However, investment contracts are concluded between two parties: the host state and the foreign investor. The state, as an entity under public international law, exercises authority and sovereignty that enables it to unilaterally amend or repeal its internal legislation. Consequently, the two parties in such agreements are inherently unequal.

NON-BANKRUPTCY ACCELERATION OF SHAREHOLDERS' CAPITAL CONTRIBUTION UNDER ARTICLE 54 OF THE PRC COMPANY LAW 2023

JIANQUN LIN, ROZANAH AB RAHMAN ,HANNA AMBARAS KHAN — Thu, 16 Jan 2025 00:00:00 +0000

This study presents an in-depth analysis of the legal framework and practical implications of Article 54 of the PRC Company Law 2023, focusing on the non-bankruptcy acceleration of shareholders' capital contribution. The study explores the legislative intent behind the provision and evaluates its effectiveness in scenarios outside of formal bankruptcy proceedings. Utilising a qualitative approach that combines legal doctrinal analysis with a comprehensive review of pertinent judicial cases, the study reveals the challenges and limitations in enforcing the acceleration of shareholders' capital contribution, as experienced by corporate creditors.

The findings reveal inconsistencies in judicial interpretations, which have led to a lack of legal predictability and undermined the confidence of corporate creditors in market transaction security. The study proposes targeted legislative enhancements aimed at strengthening legal protections for corporate creditors and fostering innovation in corporate capital and shareholder liability structures. These recommendations are designed to clarify two critical aspects of the acceleration of shareholders' capital contribution mechanism: first, the conditions under which a company is deemed "unable to pay off the due debts," which is a pivotal criterion for triggering the acceleration of shareholders' capital contribution; and second, the "entry rule," which pertains to the legal procedures and requirements that must be met for the acceleration of shareholders' capital contribution to be enforced. By addressing these two elements, the recommendations aim to facilitate a more equitable and efficient application of the acceleration of shareholders' capital contribution mechanism, thereby enhancing the legal predictability and confidence in market transaction security for corporate creditors.

The study contributes to the scholarly discourse on corporate law by offering insights into the operationalization of corporate creditors protection mechanisms and providing guidance for the judiciary on the consistent application of Article 54. It also informs policymakers on crafting a robust legal framework that ensures fairness and enhances the credibility of market transactions.

INTERNATIONAL HUMANITARIAN INTERVENTION TO MAINTAIN PEACE AND SECURITY IN AFRICA: THE CASES OF INTERVENTION IN LIBYA AND SOMALIA AS EXAMPLES

ELHACHMI KEMERCHOU — Thu, 16 Jan 2025 00:00:00 +0000

The increasing focus on protecting rights and freedoms that are severely violated by states has led to the emergence of the concept of international humanitarian intervention as a mechanism for safeguarding international rights. Human rights have taken on international dimensions that transcend national borders. International intervention is legally justified through the United Nations Charter and international agreements, based on the principle that all peoples have the right to self-determination and sovereignty over their natural resources. Moreover, peace and security are the responsibility of the international community in ensuring and enforcing these rights.

The violations of human rights, individual freedoms, citizens’ suffering, and developmental stagnation in Libya and Somalia—resulting from authoritarian regimes and internal and international conflicts—have led the international community to perceive these situations as threats to African peace and security. Consequently, intervention was deemed necessary under international legitimacy, specifically under the United Nations framework and through Security Council resolutions. This was evident in the intervention of the United States and its allies in Somalia under Resolution 794, issued on December 3, 1992, and the intervention of NATO and the United States in Libya under Resolution 1970, issued on February 26, 2011.

THE ROLE OF GOOD GOVERNANCE IN THE MANAGEMENT OF LOCAL GOVERNMENT

AICHA ARROUS — Thu, 16 Jan 2025 00:00:00 +0000

The development of local government has become a primary necessity on the development agenda of society. This is achieved by adopting governance as a modern management approach due to its effective role in achieving development in various areas, based on the principles of transparency, participation and control. Conversely, there is an integrated relationship between governance actors. Local communities serve as the center for the application of the so-called principle of democracy, which requires the participation of citizens or their representatives in addressing their problems and aspirations. In addition, local governance plays an important role in strengthening democracy.

ENVIRONMENTAL SECURITY IN ALGERIA - BETWEEN LEGISLATIVE REQUIREMENTS AND ENVIRONMENTAL REALITY DEMANDS

ALI GHRIBI, MOHAMMED GHRIBI — Thu, 16 Jan 2025 00:00:00 +0000

In recent years, there has been increased interest in two important aspects of human life, the first of which is the development and the necessities of economic and living life, which requires serious efforts to advance the state towards progress and prosperity, and the second is preserving the environment and the impact of development on it and public health and the rights of future generations. Through this approach, the importance of environmental security appears as an influence in protecting individuals, keeping pace with development requirements, and limiting the spread of emerging epidemics.

Accordingly, we will try through this research paper to clarify the legislative development of the concept of environmental security in Algeria, as well as the mechanisms and efforts of the legislator in achieving it.

CYBER THREATS AND CYBERSECURITY: EMERGING THREATS IN CYBER SPACE AND STRATEGIES TO COUNTER THEM

SAMEUT AMINA — Thu, 16 Jan 2025 00:00:00 +0000

With the advancement of technological means and information systems, as well as the evolution of new forms of warfare and security threats, information and communication technology has become a focal point for countries across all sectors. Cybersecurity threats now pose a significant danger at both the national and international levels. Their severity is exacerbated by their ability to transcend traditional national boundaries and the global proliferation of networks, shifting from physical reality to digital space.

This study aims to highlight the various threats emanating from cyberspace and their impact on security stability. It seeks to outline the measures taken to address these threats by establishing a legal framework for prevention and response, as well as appropriate sanctions to mitigate the impact of these emerging crimes, which target individuals, data and States, causing them significant losses in various sectors. Such threats represent the stark reality of “electronic colonization” in its most egregious forms.

This research paper examines the effectiveness of legislative policy in mitigating cybersecurity threats, as well as strategies to combat them.

THE SPECIFICITY OF ENVIRONMENTAL CRIMINALIZATION IN NATIONAL LEGISLATION AND INTERNATIONAL LAW

FARID RAHAM — Thu, 16 Jan 2025 00:00:00 +0000

Environmental criminalization in national and international law reflects the growing recognition of environmental protection as a legal priority. National legislation varies in defining environmental crimes, penalties, and enforcement mechanisms, often influenced by economic and political factors. International law, through treaties and conventions, establishes broader frameworks for cooperation and accountability, yet enforcement remains challenging due to sovereignty concerns. The specificity of environmental criminalization lies in balancing strict legal measures with sustainable development goals, ensuring both deterrence and compliance. Strengthening legal frameworks and international cooperation is essential to address transboundary environmental crimes effectively.

TREATMENT OF PRISONERS OF WAR BETWEEN INTERNATIONAL HUMANITARIAN LAW AND ISLAMIC SHARIA

HALIMA KHAREZE — Thu, 16 Jan 2025 00:00:00 +0000

The international community has made great efforts to establish humane treatment of prisoners within the framework of International Humanitarian Law, which reflects the principles of the noble Islamic Sharia, which has significantly contributed to this treatment during international and non-international armed conflicts. The prisoner is the weakest link in an armed conflict after he has been stripped of his weapons. Both international conventions and Islamic Sharia guarantee a number of rights for prisoners during their captivity, demonstrating the commitment to the principle of equality in humane treatment.

SMART SANCTIONS AS ALTERNATIVE MEASURES TO ECONOMIC SANCTIONS

SEDDIKI SAMIA — Thu, 16 Jan 2025 00:00:00 +0000

Smart sanctions serve as a tool for protecting the international community and achieving international security and stability. They act as a reaction against any unlawful activities conducted by a specific state or a group of states. The United Nations Security Council possesses broad discretionary authority in determining situations that pose a threat to or breach international peace and security, or constitute acts of aggression. Should the Council find any of the aforementioned situations to be valid, it has the authority to impose smart sanctions against an entire nation.

LIMITS OF THE RIGHT TO PEACEFUL PROTEST IN ALGERIAN LAW AND COMPARATIVE LEGISLATIONS

MADJRI YOUCEF — Thu, 16 Jan 2025 00:00:00 +0000

The right to peaceful protest is a fundamental right guaranteed by various laws and international conventions. It is considered one of the essential rights and freedoms, yet the regulations and restrictions imposed on it vary from one country to another depending on national legal frameworks. However, there are common safeguards aimed at protecting the right to peaceful protest within domestic laws, such as the right to peaceful assembly, the protection of public order and security, and ensuring the peaceful nature of demonstrations.

STATE RESPONSIBILITY TOWARDS ITS EMPLOYEES INFECTED WITH EPIDEMICS (COVID-19 AS A MODEL) COMPARATIVE STUDY

KHALID BOUZIDI — Thu, 16 Jan 2025 00:00:00 +0000

This study attempts to shed light on the possibility of establishing the state's responsibility for damages resulting from the infection of its employees with epidemics during or on the occasion of performing their duties, especially employees assigned to perform their duties within the framework of preventing and combating the spread of the Corona virus (Covid-19), and linking and harmonizing it with the general rules and provisions applied to the theory of administrative liability in the French and Algerian administrative judiciaries, which guarantee individuals in general and employees in particular the right to obtain compensation, whenever they suffer damage as a result of risks arising from natural or biological disasters or other disasters, on the basis of the rules of justice, fairness and national solidarity.

THE PROTECTION OF CHILDREN DURING ARMED CONFLICT

M’HAMED DJEBBAR — Thu, 16 Jan 2025 00:00:00 +0000

This study aims to clarify the legal protections provided for children during armed conflicts in accordance with the rules of international humanitarian law and public international law, by determining the legal status of children during armed conflicts, whether in terms of the concept of children covered by protection, as well as the international measures established in this framework, or in terms of the legal mechanisms established to protect children during armed conflicts, whether established under the rules of international humanitarian law or public international law

APPLICATION OF THE AFRICAN CHARTER ON THE PROTECTION AND WELFARE OF THE CHILD IN ALGERIAN LEGISLATION - OBJECTIVE AND PROCEDURAL STUDY-

ADEL AISSAOUI — Thu, 16 Jan 2025 00:00:00 +0000

Algeria has worked through many legal texts to give a margin to the rights of the child, This is evident through substantive and procedural aspects, from his birth and his affiliation with the family and the state, and the keenness to provide a legal environment that makes the child’s interest the desired goal in line with the African Charter on the Rights and Welfare of the Child, taking into account the specificity of Algerian society and its religious dimension, where legislative details appeared in Algeria that are richer and more realistic than the African Charter, especially some financial rights approved by Islamic law, Despite this, certain aspects remain worth updating at the level of the Charter and the Algerian legal text in light of the continuous violations recorded against childhood, which requires developing procedural aspects and not keeping them as theoretical texts that harm the child instead of protecting him.

COUNTERACTING THE RESUSCITATION OF “HISTORICAL TRAUMA” AS A MOTIVE FOR COMMITTING GENOCIDE

LEYLA SALIMOVA — Thu, 16 Jan 2025 00:00:00 +0000

Historical trauma has been given active attention since the 1960s, when clinicians became alarmed by the number of children whose parents had survived the Holocaust. Historical trauma is the cumulative emotional and psychological pain over the course of a person’s life and generations as a result of massive group trauma. Historical trauma can have a variety of consequences for individuals and groups, which may include: unresolved trauma or grief, depression, high mortality increased alcohol abuse, child abuse, and domestic violence.

Historical trauma and the historical memory associated with it are equally present in most peoples who have previously been in conflict (national, religious, interstate wars, etc.). This issue must be approached with great caution and assistance must be given to ensure that the wounds caused by conflicts heal over time, but in no case do not renew the bleeding and give rise to a sense of revenge among the parties to the conflict.

THE NEW DEVELOPMENTS IN THE MEMBERSHIP OF THE CONSTITUTIONAL COURT - A STUDY IN LIGHT OF THE 2020 CONSTITUTIONAL AMENDMENT AND THE INTERNAL REGULATIONS OF THE CONSTITUTIONAL COURT-

KHETTAB NAIMA, KHENFRI KHAIDHER , GRINAT MOHAMMED — Thu, 16 Jan 2025 00:00:00 +0000

In the 2020 constitutional amendment, the Algerian constitutional founder created an independent constitutional oversight institution to replace the Constitutional Council, and entrusted it with the task of ensuring respect for the constitution and controlling the functioning of constitutional institutions and the activity of public authorities, called the Constitutional Court.

Therefore, this research paper aims to shed light on the most important developments brought by the constitutional amendment of 2020 and the rules of procedure of the Constitutional Court regarding the membership of the Constitutional Court, especially those related to the conditions for candidacy for membership of the Constitutional Court, the term of membership, the renewal of the mandate and the legal guarantees that enshrine the impartiality and integrity of members.

PRIVACY IN THE PROTECTION OF GEOGRAPHICAL APPELLATIONS IN ALGERIAN LAW

Linda Rekik — Thu, 16 Jan 2025 00:00:00 +0000

Geographic appellation, as a form of industrial property, have garnered global attention due to their significant impact on economic, commercial, and even social spheres. These rights signify products that are uniquely tied to a specific geographical environment, shaped by interwoven elements that cannot be replicated elsewhere with the same level of quality and distinction. Their importance has grown considerably with the expansion of trade and economic exchange between nations, allowing products bearing registered geographic appellation to be widely marketed across borders and highly valued by consumers. However, while these protected products enjoy a competitive edge, they have also posed a challenge to rivals in the same industry, as similar goods often suffer from lower quality and diminished consumer appeal. This intensified competition has, in turn, rendered such products more susceptible to attacks, counterfeiting, and imitation.

PROSPECTS FOR THE EFFECTIVENESS OF PARTICIPATORY MANAGEMENT IN ACHIEVING SUSTAINABLE AND EQUITABLE DEVELOPMENT: A PROSPECTIVE STUDY IN LIGHT OF THE NEW ALGERIAN MUNICIPAL LAW PROJECT

TAYEB CHANNA, MALIKA BETAINA — Thu, 16 Jan 2025 00:00:00 +0000

This article examines the importance of participatory management introduced by the new Municipal Law project and its effectiveness in achieving sustainable and equitable development. Notably, a participatory body has been established to enable citizens and various social actors to participate in decision-making related to sustainable development.

PROTECTING PUBLIC FUNDS ACCORDING TO THE GOVERNMENT TENDERS AND PROCUREMENT LAW OF 1440 AH IN THE KINGDOM OF SAUDI ARABIA

MAHASSEN HUSSAIN JAOUANI — Thu, 16 Jan 2025 00:00:00 +0000

Researching this topic enables us to clarify the characteristics of the legal protection of public funds through the government tenders and procurement system, its advantages, and its effectiveness in confronting the challenges and violations to which these properties are exposed. Furthermore, addressing this topic is considered a contribution to the ongoing jurisprudential debate surrounding rules and regulations, especially since these public funds require the necessity of protecting them in a manner that ensures their continued performance of their functions in the required manner, achieving the public benefit and, consequently, the public interest. This is a question that is being urgently raised today, given the numerous violations to which these public funds may be exposed when individuals work to harm them and dispose of them without justification. The topic of public funds is also of paramount importance in terms of its connection to the growing activity of the state and the increase in its savings. This type of funds has become a tool for public authority intervention to achieve the public interest in various sectors comprising various areas of economic, social, and cultural life.

THE AGRICULTURAL INSURANCE AS A MECHANISM TO PROTECT THE AGRICULTURAL INVESTOR

YAHOUNI ZAHIA — Thu, 16 Jan 2025 00:00:00 +0000

The vitality of the agricultural sector and its prominent role in achieving the food security and socioeconomic stability pushed the Algerian legislator to pay more attention to it through legal texts. The agricultural land is one of the main pillars of the agricultural sector, and needs a permanent protection, as it faces increasing risks. Therefore, the Algerian legislator issued mechanisms, such as the agricultural insurance, to protect it.

A READING OF LAW NO. 22-08 REGULATING THE SUPREME AUTHORITY FOR TRANSPARENCY, PREVENTING AND COMBATING CORRUPTION

ABDENOUR BECHANE — Thu, 16 Jan 2025 00:00:00 +0000

We can only say that the legislator, by reviewing the provisions of Law No. 22-08, had a genuine intention to embody transparency in order to prevent and combat corruption by facilitating the role of the Supreme Authority to achieve this noble objective. Despite the independence granted to it in administrative and financial matters, we believe that it has not been able to fully realize this sovereignty due to its implicit dependence on the President of the Republic. There is no independence without absolute independence. Therefore, it would be beneficial for the legislator to address this point by at least establishing an electoral mechanism for the President of the Supreme Authority and its council members to ensure independence in a democratic Algeria.

PROMOTING STUDENTS’ MOTIVATION IN TEACHING AND LEARNING ENGLISH VOCABULARY

SMA TAHA ALHUSSIEN — Thu, 16 Jan 2025 00:00:00 +0000

Vocabulary knowledge is considered the core of language perception and production. Motivation is an indispensable element in the foreign language learning process. The present study is a qualitative one. It analyzed Saudi students' motivation toward learning vocabulary and the factors that affect involving the teacher's role. The researcher adopted descriptive and inferential analytical methods. The sample was selected randomly. The respondents of the research are 52 faculty members at Jazan University. They join varied colleges and are from multiple countries. They are male and female. The instrument used for this study was the questionnaire. The Statistical Package for Social Sciences (SPSS) was used to analyze the data. The findings of the study reveal that the majority of teachers at Jazan University agreed that the intrinsic motivation of students to learn English vocabulary is considered more than the average. Moreover, the conclusion indicates that there are various factors can affect students' motivation including family's support, students' attitude, syllabus gap, spelling, grammar, pronunciation, English language idioms, and Arabic speaking context. Additionally, the result shows that different teaching methods and techniques can enhance students' motivation in learning vocabulary, such as using suitable visual and audial aids and some applications, teachers' friendly manner, group work, connecting lexical items with the learners' culture, inserting fun activities in the classroom, using variety of learning strategies, encourage students to promote self-motivation, and using crossword puzzle exercises. However, some techniques can demotivate students such as teacher's attitudes and using English as the solely medium of instruction.

STATE RESPONSIBILITY TO PROVIDE FREE EDUCATION IN INDONESIA: FULL OR SHARED RESPONSIBILITY?

MUHAMAD NAFI UZ ZAMAN — Thu, 16 Jan 2025 00:00:00 +0000

This article examines the extent of the state's responsibility in providing free education, accessibility, and financing issues, focusing on whether it should be a full or shared responsibility. The research employs a doctrinal research with conceptual and comparative approach. This study examines international human rights instruments, analyzes the development of constitutional provisions in Indonesia, and compares constitutions worldwide. Article shows that primary education is universally recognized as the full responsibility of the state. In contrast, higher education often involves shared responsibility with private entities due to fiscal constraints and policy considerations. The results of the analysis of several Constitutional Court Decisions also mandate that the government always controls the implementation of education, prevents excessive privatization, and ensures equitable access. In addition. Indicators of state responsibility include non-discriminatory access, affordability, and alignment with human rights principles. The research further explores the importance of government oversight to prevent excessive privatization and ensure equitable access to education. It identifies key indicators of state responsibility, including non-discriminatory access, affordability, and alignment with human rights principles, contributing to the broader discourse on education as a human right and public good.

MECHANISMS FOR FINANCING DIGITAL TRANSFORMATION AND INDICATORS OF GOVERNMENT AUTOMATION

DERRAR NASSIMA, ZAHDOUR INDJE HIND NAJOUA RIME SOUNDOUS — Thu, 16 Jan 2025 00:00:00 +0000

In a world undergoing rapid digital evolution, digital transformation is no longer a strategic choice but a legal necessity imposed by the demands of e-governance, the digital economy, and individuals’ rights to secure and efficient digital services. However, this transformation faces significant legislative hurdles and a lack of comprehensive legal frameworks, creating a regulatory void that threatens sovereign data security and undermines investor confidence in the digital landscape.

Governments now bear a critical legal responsibility: either they adapt with agile legislation that balances innovation with rights protection, or they face legal disputes, cyber threats, and the risk of falling behind in the global digital race. Delayed legislation offers no shield, and weak digital governance exposes nations to the peril of losing digital sovereignty, where data, digital currencies, and artificial intelligence become instruments of control in the hands of dominant global powers.

LEGAL ASPECT OF EVIDENCE MANAGEMENT IN CORRUPTION CRIMES: AN OVERVIEW

ADHING TEDHALOSA, HIBNU NUGROHO, AGUS RAHARJO, AZMI SYAHPUTRA, ANNISA DIAN ARINI — Thu, 16 Jan 2025 00:00:00 +0000

Management of confiscated productive assets is a challenge in evidence handling from criminal proceeds such as corruption and money laundering. This study aimed to identify the essence of asset confiscation in corruption crimes, to evaluate the model of confiscated asset management in the corruption proceeds, to study the urgency of managing confiscated asset, and to formulate the management of confiscated assets, particularly the productive assets in the handling corruption cases in Indonesia. The research carried out through literature study. The objects include the regulations, journals and books. The research found that management of confiscated assets is important from two perspectives: to avoid asset value depreciation and to improve asset usefulness. However, currently the regulations needed to conduct management (and utilization) of confiscated assets is still lacking. Management of confiscated assets is limited to safekeeping and maintenance. Management and utilization of confiscated productive assets is expected to benefit the nation, such as to improve recovery potential of the nation’s losses. However, several considerations need to be taken into account in managing the confiscated assets, including the funding and organizational capacity. Therefore, a proper strategy formulation is needed to carry out appropriate management practice for the confiscated assets, such as: determining management priorities, arrangement of legal policies, directives and organizational structures.

THE JUDGE AND UNFAIR TERMS: AN OVERVIEW OF ALGERIAN AND FRENCH LAW

YEKHLEF ABDELKADER, MERAH AHMED — Thu, 16 Jan 2025 00:00:00 +0000

A contract is primarily controlled by the Biding Force of contract which states that a contract cannot be canceled or modified unless the parties to the contract agree in writing, thus the contract is primarily protected against external interference. Nevertheless, Algerian and French lawmakers have entrusted the judiciary with broad discretionary powers to protect the weaker contracting party through the regulation of unfair contract terms, a means of promoting contractual balance and protecting parties in a vulnerable position in a contractual relationship. This judicial authority derives from civil law principles and legislative statutes giving the judges the discretion to revise or declare unconscionable those clauses that are demonstrated to create a manifest imbalance in contractual obligations.

The efficacy of this judicial intervention, nonetheless, depends considerably on the lucidity of statutory provisions outlining the scope and standards of judicial supervision. In certain cases, uncertainties in the legal system may create conflicting judicial interpretations, thus lowering the degree of protection for the aggrieved party. As a result, the need for legislative reform has grown clearer, calling for the creation of objective and specific legal standards that delineate the limits of judicial power while protecting contractual justice without derogating from the principle of transactional stability..

THE RIGHT TO ENVIRONMENTAL DISCLOSURE REGARDING HAZARDOUS SUBSTANCES AND WASTE

ZIDANI ABDELMOUTALEB — Thu, 16 Jan 2025 00:00:00 +0000

Mismanagement of hazardous materials and waste, and exposure to them, have serious impacts on all human rights, especially the right to a healthy and safe environment, Therefore information is a crucial element in preventing human rights violations resulting from exposure to hazardous materials and waste. However, vital information related to hazardous materials and waste is often unavailable and difficult to obtain.

Information is a critical element for enjoying human rights and is essential for good governance. It is necessary to obtain information on hazardous materials to prevent risks, reduce harm, conduct research focusing on finding safer alternatives, provide treatment, ensure transparency, participation, and consensus in decision-making and policies.

JUDICIAL OVERSIGHT OF PUNITIVE TREATMENT IN OPEN ENVIRONMENTS UNDER LAW NO. 05-04: THE CASE OF EXTERNAL WORKSHOPS AND THE SEMI-FREEDOM AS A MODEL

AMINA CHOUDAR — Thu, 16 Jan 2025 00:00:00 +0000

The Algerian legislator has established a system of judicial oversight over the implementation of punishments, assigning this responsibility to the sentencing enforcement judge under Law No. 05-04. The judge is granted a range of powers concerning the administration of punitive measures within an open environment. This system serves as a complement to the closed penal environment, allowing convicts to benefit from tailored reform and rehabilitation programs suited to their individual conditions and aimed at positively shaping their behavior. When the necessary conditions are met, the convict may benefit from alternative measures such as the external workshop system or the semi-freedom model—both of which constitute the focus of this study. These measures are authorized and monitored by the sentencing enforcement judge, who ensures their proper implementation with the ultimate goal of rehabilitating the offender, facilitating their social reintegration, and reducing the likelihood of reoffending.

AREAS OF APPLICATION OF CONSTITUTIONAL CONTROL: A STUDY IN THE LIGHT OF CONSTITUTIONAL AMENDEMENT 2020

KENZA ZIANI, MOUNIR ZIANI — Thu, 16 Jan 2025 00:00:00 +0000

Constitutional control is one of the most important safeguards for the protection of the Constitution and the primacy of its rules over other pieces of legislation, and thus the protection of the rights and freedoms of individuals. This is an important and insurmountable measure. It would prevent regulations and laws from breaking with the provisions of the Constitution. In the 2020 Amendment, the Constitutional Founder expanded constitutional control to include constitutional control over treaties, laws and organizations, constitutional control over the compatibility of laws with treaties and constitutional control over presidential orders.

CRIME PREVENTION AND CONTROL POLICY

CHRAA ABDERAZAK — Thu, 16 Jan 2025 00:00:00 +0000

Anyone who contemplates the number of crimes committed at the present time will ask about the reasons and motives that led to this happening, and whether all lines of defense have been crossed to confront the crime? As is known, criminal policy revolves in part around the policy of prevention and deterrence as the first line of defense, in order to prevent the occurrence of the criminal act. The research comes to address the issue of; to what extent does the policy of prevention and deterrence contribute to confronting crime? And what are its mechanisms in the Islamic Sharia and the Law?

The research has reached the effectiveness and feasibility of the prevention and deterrence policy prepared by Islamic Sharia to reduce crime in all its political, economic and social forms. This is evidenced by statistics in countries that apply it. At the end of the research, we conclude the necessity of activating and applying the prevention and deterrence policy in the Islamic Sharia with all its components and considering it in contemporary criminal policy if we aim to limit and reduce the number of crimes that are eating away at the entity of Algerian Society in particular and the World in general

ROLE OF REGULATORY COMMITTEES IN PROTECTING THE INSURED AGAINST UNFAIR INSURANCE TERMS -INSURANCE SUPERVISORY COMMITTEE AND UNFAIR CLAUSES COMMITTEE "CASE STUDY"

BABAAMMI HADJ AHMED — Thu, 16 Jan 2025 00:00:00 +0000

The modern public policy system plays a positive role in contracts, where the legislator seeks to intervene and regulate various economic and social areas to achieve significant interests for the state. Through this intervention, we will explore the manifestations of this modern public policy in insurance contracts, a vital economic sector in the contemporary era.

To safeguard collective and economic interests, the legislator has required both natural and legal persons to engage in insurance contracts (such as liability insurance). The legislator has not limited itself to this requirement but has also introduced a mandatory legislative framework aimed at regulating insurance activities. Additionally, the legislator has imposed obligations and conditions within the insurance contract to ensure a contractual balance between the two parties involved in the insurance agreement.

However, Despite the strength of Algerian legislation, the insurance contracts offered in the market contain unfair terms that undermine the content of the insurance contract and prevent the spread of an insurance culture. The work of the Insurance Supervisory Committee and the Committee on Unfair Terms should evolve from mere licensing bodies and financial oversight entities for insurance companies to bodies that scrutinize contract terms, annul unfair clauses, and protect the interests of the policyholder as well as the economic interests of the country.

THE PROTECTION OF THE AUTHORS AND THEIR WORKS IN THE DIGITAL ENVIRONMENT UNDER THE INTERNATIONAL LAW

SAMIA YATTOUDJI, NABILA AGOUDJIL — Thu, 16 Jan 2025 00:00:00 +0000

There is a distinction in the legal protection and recognition of intellectual property rights for authors and works between the traditional and the digital environments.

Due to the scope and autonomy provided by computer systems and the internet, it has been established that any previous legal text enacted without taking into account their unique features and distinctions is completely inadequate in providing the necessary legal protection for the rights, obligations, and legal status established within its purview.

BODIES IN CHARGE OF FOLLOWING UP INVESTMENT UNDER LAW NO.22-18 ON INVESTMENT

Ziani zineb, Ziani faiçal — Thu, 16 Jan 2025 00:00:00 +0000

The system of benefits presents both advantages and challenges. It alleviates financial stress for investors while imposing strict obligations. Law No. 22-18 on investment and Executive Decree No. 22-303 emphasize adherence to these obligations. These regulations aim to enhance investment oversight following the registration phase. The Algerian Agency for the Promotion of Investment has been tasked with overseeing this process. This agency collaborates with various administrative bodies, including the Tax and Customs Administration, State Property Administration, and National Fund for Social Insurance for Waged Workers. Their collective efforts are crucial for effective investment monitoring in Algeria. The study highlights the importance of compliance in maximizing investment benefits.

THE LEGAL REGIME OF THE FUNCTIONAL RELATIONSHIP CONTINUATION AND TEMPORARY SUSPENSION THROUGH ORDINANCE NO. 06-03 AND ITS APPLIED TEXT

ADEL DEBBIH — Thu, 16 Jan 2025 00:00:00 +0000

Ordinance No 06-03, which includes the general Status of public function, addresses the Statutory Positions in which an employee may find themselves throughout their professional career. Chapter six of this Ordinance, covering Articles 127 to 155, specifies these Positions. Article 127 outlines five distinct Positions: the normal service Positions, which applies to all employees, and four exceptional Positions statuses available to eligible employees. These exceptional Positions include detachment and out-of- outside the framework position, where the employee remains connected to the administration but performs their duties outside their original department or professional track. The Position of availability and national service result in a temporary suspension of the employment relationship, affecting the employee's access to professional rights in the case of availability. Chapter six's provisions refer to regulations that clarify the conditions and methods for applying each Statutory Positions. However, this regulatory text was delayed until 2020, when Executive Decree No. 20-373, dated December 12, 2020, was issued concerning Statutory Positions of public employees. These Positions were established within a framework of flexibility and adaptation characterizing the management system of public employment, which requires balancing the interests of the administration by promoting mobility within public function and adapting public function to a changing economic and social environment, as well as facilitating the exchange of skills and expertise between state institutions and departments while protecting the employee's interests by addressing their personal and family circumstances and responding to their professional and political ambitions.

THE LEGITIMACY OF USING GENETIC FINGERPRINTING IN CRIMINAL EVIDENCE -A COMPARATIVE STUDY-

HAKIMA GHIGHISSI, GOUASMIA HICHEM — Thu, 16 Jan 2025 00:00:00 +0000

Since truth is an eternal quest of mankind, its understanding in the criminal domain is the primary condition for criminal justice and a necessity for achieving social security and stability. Uncovering the judicial truth is the purpose and goal of criminal proceedings. The principle of freedom of evidence is one of the fundamental pillars of this theory, which opens the door to the extensive use of scientific evidence in criminal evidence. Given the inadequacy of traditional means, both legal and technical, in criminal evidence, modern scientific evidence has emerged, including what is commonly referred to as genetic fingerprinting. Scientifically, this method is currently infallible in identifying individuals due to its unique characteristics. Western countries have different views on the legitimacy of this evidence, and have created databases specifically for the genetic fingerprints of certain criminals, and have allowed the storage of these fingerprint results. In contrast, some Arab countries have given it a prominent practical place, while others consider it unsuitable as an independent means of evidence and permit its use only under specific conditions and legal guidelines.

LEGAL RESPONSIBILITY OF ALLIES FOR BANKRUPTCY DECLARATION AGAINST CV IN INDONESIA: A COMPARATIVE STUDY WITH PAKISTAN LAW

MOH. ASADULLAH HASAN AL ASY'ARIE, SHOFIY ZULFAH — Thu, 16 Jan 2025 00:00:00 +0000

Cooperation in a civil context has long been part of Indonesian society, reflected in the culture of mutual cooperation. The purpose of cooperation can be economic to gain profits or non-economic for social purposes. CV (Commanditaire Vennootschap) is a form of non-legal business entity consisting of complementary (active) partners and limited (passive) partners. In running a business, CV can experience losses which lead to debt and ultimately bankruptcy. Bankruptcy is debt settlement through the court which involves general confiscation of the debtor's assets, with management by a curator under the supervision of a supervising judge. This research analyzes the legal consequences of declaring bankruptcy on CV, including the existence of CV if bankruptcy ends in peace or insolvency. CV as a business entity can be declared bankrupt if it meets the requirements of having two or more creditors and does not pay off one of the debts that is due. The consequences of declaring bankruptcy on CV involve the responsibilities of complementary and limited partners and their spouses in a marriage with a union of assets. The research method used is doctrinal, with an approach to the applicable positive legal rules. The analysis shows that CV and its partners are responsible for their personal assets if CV's assets are insufficient. Bankruptcy regulations in Indonesia, which have existed since the Dutch East Indies era, are now regulated in Law no. 37 of 2004 concerning Bankruptcy and PKPU. The research results show that CV as a non-legal business entity can still run the business after the bankruptcy ends with full payment and rehabilitation. Thus, it is necessary to review the CV bankruptcy regulations in Law no. 37 of 2004 to ensure appropriate legal protection for all parties involved

A COMPARATIVE ANALYSIS OF THE COPYRIGHT LAWS OF THE DPR KOREA AND THE RUSSIAN FEDERATION

KUM-CHOL RO, KYONG-JU JONG , SONG-CHOL JANG — Thu, 16 Jan 2025 00:00:00 +0000

Exchange and cooperation in the field of culture is of primary importance in developing the bilateral relations between states in a multi-faceted way. Such cultural exchange and cooperation presupposes circulation of copyrightable works such as films or music, which can be successful only when such works are fully protected by law. Artistic or literary works, the results of human intellectual activities, and copyrights, the exclusive rights thereto, are protected by copyright law. The comparative analysis of the copyright laws of the DPR Korea and the Russian Federation is an important requirement for promoting mutual cooperation in legal protection of copyrightable works, the results of human intellectual activities, and copyrights, the exclusive rights thereto, and a process of exchanging experience and opinions with each other in the field of legislation and enforcement of relevant laws. The paper compares and analyzes the national laws and regulations concerning the fundamental issues of the copyright laws of the DPR Korea and the Russian Federation on the basis of summarizing the history of their copyright protection systems.

A READING OF EXECUTIVE DECREE NO. 20-223 ON CHANGING THE SURNAME AND ITS RELATION TO ADOPTION IN ALGERIAN LAW

BOUSSAM NOURREDINE — Thu, 16 Jan 2025 00:00:00 +0000

Executive Decree No. 20-223, issued in August 2020, aims to reinforce legal protection for fostered children, particularly those of unknown parentage. This is reflected in the facilitation of procedures for granting a family surname without affecting their legitimate lineage if known. This decree reflects the Algerian legislator’s commitment to the principles of Islamic Sharia, which emphasizes the preservation of lineage and establishes the kafala (foster care) system as a legal and religious alternative to adoption, which is prohibited in Algeria. However, the decree still raises several legal and social issues, particularly regarding the potential perception of granting a family name as a form of indirect adoption or as an infringement upon the original family surnames, despite the emphasis on protecting the children’s lineage. To ensure the optimal application of this decree, it is essential to strengthen legal awareness by improving foster care procedures and reinforcing oversight in granting family names. These measures help ensure the necessary protection of the rights of fostered children while upholding the religious principles that the legislator is committed to.

THE LEGAL FRAMEWORK FOR START-UPS IN ALGERIA

REKIA BENARBIA — Thu, 16 Jan 2025 00:00:00 +0000

Start-up enterprises originated from a creative, entrepreneurial idea with a high potential for rapid growth and prosperity. Their sole aim is to advance the national economy, achieve sustainable development, and restore balance to markets. However, these enterprises are often high-risk, which typically causes traditional credit institutions to hesitate in financing them.

To ensure the continuity of this type of enterprise, the Algerian state has acted swiftly to provide a legal and environmental framework that contributes to their promotion and sustainability. Through this research paper, we aim to define the legal framework governing start-up enterprises in Algeria

THE WRITTEN PRESS AND ELECTRONIC PRESS REGULATORY AUTHORITY BETWEEN INDEPENDENCE AND DEPENDENCE IN LIGHT OF LAW NO. 23-19

BOUGHERRA RADHOUANE,REMAZNIA SOFIANE — Thu, 16 Jan 2025 00:00:00 +0000

The Algerian legislator explicitly acknowledged the independence of the authority to control the written press and electronic journalism as an independent administrative authority, as this characteristic symbolizes the escape of this authority from any form of administrative control, which means that the independence of the authority to control the written press and electronic journalism find its guarantees in one of them is organic and the other is functional. But when reflecting on the legal texts organized by it as a body that was entrusted with controlling the activities of the written press and electronic journalism, it concludes that this independence is relative that raises several questions and interpretations about the extent to which the legislator recognizes it, whether it relates to the organic or functional side, which made this characteristic relative and restricted by the executive, which makes it dependent on it.

LOCAL GOVERNANCE IN ALGERIA: REALITY AND PROSPECTS

SEKFALI RIM — Thu, 16 Jan 2025 00:00:00 +0000

Governance is considered one of the most essential prerequisites for local development, as it aims to enhance the performance of local communities by providing an approach that enables effective participation in the management of public affairs. Algeria is among the countries striving to achieve this goal, despite the challenges it faces.

This research explores the current state of local governance in Algeria, the obstacles it encounters, and the potential solutions and future prospects for implementing effective local governance. The study particularly emphasizes the role of governance in advancing local development and keeping pace with ongoing transformations, especially the shift toward digitalization and the adoption of electronic local governance, which contributes to greater transparency and improved developmental performance.

THE IMPACT OF THE MECHANISM OF LEGISLATION BY ORDINANCES ON T HE EFFECTIVENESS OF PARLIAMENTARY OPPOSITION IN ALGERIAN LEGISLATION

MEKHILEF MOHAMED NOUR EL ISLAM — Thu, 16 Jan 2025 00:00:00 +0000

The mechanism of legislation by ordinances is an exceptional means for exercising legislative authority, which is originally the exclusive domain of the Parliament. According to jurists, this technique presents both advantages and drawbacks, sparking considerable debate regarding the independence of the legislative and executive branches, especially within the realm of lawmaking. This study aims to explore the extent of the President of the Republic’s intervention in legislative powers under both normal and exceptional circumstances, and its impact on parliamentary performance—particularly that of the opposition. This is especially pertinent given the diversity of political factions within the Parliament and the dominance of majority-rule voting systems, which are often aligned with the ruling government. This overlap blurs the line between legislative duties and the political affiliations represented within ministerial portfolios.
Our study adopts a narrative-analytical approach and concludes with several proposals to achieve the desired balance between the legislative and executive branches, including recommendations for regulating the use of ordinance-based legislation.

LEGAL PRINCIPLES FOR THE OPTIMAL EXPLOITATION OF GROUNDWATER RESOURCES IN PUBLIC INTERNATIONAL LAW

SOFIA CHERAD , INES REKIK ,SAFA BEN MOUSSA ,AHLAM HARRACHE — Thu, 16 Jan 2025 00:00:00 +0000

This study addresses the legal principles for the optimal exploitation of groundwater resources in public international law. Given the importance of this important resource as one of the world's most important freshwater resources, and the increasing scarcity of freshwater on planet Earth, the potential for international conflicts over the ownership of these resources has become one of the greatest risks the world could face.

As a result, international initiatives have emerged aimed at establishing basic principles regulating the utilization and exploitation of international groundwater shared by states, beginning with the Helsinki and Belden Principles and culminating in the 2008 Aquifer Law Draft.

JUDICIAL OVERSIGHT OF ADMINISTRATIVE CONTROL WORK IN THE KINGDOM OF SAUDI ARABIA

MAHASEN AL-HUSSEIN AL-JAWANI — Thu, 16 Jan 2025 00:00:00 +0000

Exercising the function of administrative control is a manifestation of public authority in imposing public order through a set of privileges and powers exercised by administrative control bodies with the aim of maintaining the security, health and transparency of members of society. Administrative control actions are considered prior and prior measures that preceded the threat of disruption to public order.This is demonstrated by confirming everything that threats its stability, by taking all prior measures before the actual break occurres, or even after its occurrence, if it does not mount to a criminal crime in which it is carried out.The function of judicial control with the aim of punishing its perpetrators.However, some times the task of administrative control continues after distractions occur This means that the measures in this case are not prohibitive, but rather take the form of administrative penalties such as withdrawal of license, confirmation, or others. Accordingly, the study aims to identify the concept of judicial control over administrative control work and its characteristics, as well as the types of judicial control over administrative control work, its concept, and its forms, and to explain the means of administrative control work and the administrative judicial's control over it. The descriptive analytical approach was used and universal results were referred, including that administrative judicial oversight is one of the most important forms of effective oversight in the Kingdom of Saudi Arabia, the necessity that the administrative judicial authority is the body authorized by the system to protect and maintain the principle of legality, and that administrative control powers are a necessary function in society because they are restricted activities and freedoms of individuals in the field of maintained public order Among the recommendations I proposed is that administrative control powers not used the powers granted to them in the field of administrative control under exceptional circumstances.Except in cases of maintaining public order.

NATIONAL JUDGE'S INTERPRETATION OF INTERNATIONAL TREATIES

REFRAFI ABDERRAHMANE , FERHATI OMAR — Thu, 16 Jan 2025 00:00:00 +0000

National judges find themselves facing a difficult task in determining the scope of the treaty and the boundaries within which it must be applied. It is the interpretation stage which is crucial in the application of international treaties in national courts .Interpretation is a mental process undertaken by judges aiming to clarify the meaning of a text and define its scope. By its very nature, it is an explanatory process that explores what was, without reviewing it. It stops at its limits, without adding any meaning to it.

It is self-evident that the application of any legal text is linked to its interpretation. Interpretation problems only arise in connection with its application. If the facts are the basis for the text, then its meaning is the responsive one. Interpretation of the text is the initial logical premise for its application .Interpretation is present everywhere in international legal practice and in international legal doctrine. All arguments and disagreements regarding certain rules of international law have a posterior interpretation.

The methodology chosen for this work primarily involves the analytical approach to analyze constitutional principles, and the comparative approach to compare national and foreign constitutional principles. The study of legal jurisprudence will be the subject of the article.

LEGAL BENEFICIARIES OF THE OBLIGATORY BEQUEST AND THE CONDITIONS GOVERNING THEIR ENTITLEMENT

MAHMOUDI SALIM — Thu, 16 Jan 2025 00:00:00 +0000

The principle of down looping that came with the Algerian family law, which is known as the obligatory will, is included in the legal obligations that bind the incompetent alike, because downloading was required by a legal text that made it enforceable in the estate of the deceased even if the owner of the estate did not recommend it because he derives his strength from the spirit of this law is to take the rule of in heritance in this case.

CONDITIONS OF THE FOUNDER (EL-WAQIF) IN ALGERIAN LAW AND JURISPRUDENCE

ABDELKADER AISSAOUI1,, BENMAMAR RABAH — Thu, 16 Jan 2025 00:00:00 +0000

Waqf (endowment) is at the forefront of donation contracts, being a unilateral act intended to achieve charitable purposes by targeting the realization of good deeds and the distribution of benefits. This act is voluntary, and as such, it necessitates consideration of the wishes of the FOUNDER (EL-WAQIF) when establishing the waqf. Therefore, the intentions of the FOUNDER (EL-WAQIF) and the conditions they impose must be taken into account. This perspective is supported by Algerian legislation regarding waqfs and judicial practices, both before and after the enactment of the Waqf Law, in line with the principles established by Islamic law that emphasize respect for the FOUNDER’swill.

THE SPECIFICITY OF COMMERCIAL PLEDGE IN ALGERIAN LAW

RAMDANI SEBTI — Thu, 16 Jan 2025 00:00:00 +0000

The commercial establishment represents a significant financial value; therefore, it can be offered as collateral for a merchant to obtain the necessary credit for commercial exploitation. The fluctuating nature of commercial life may lead a merchant to present their establishment as security to secure a loan through pledging it. Since the commercial establishment is classified as movable property, the merchant can only pledge it possessively, transferring possession to the secured creditor, which consequently deprives the merchant of utilizing their store. This study concludes with a set of findings

CIVIL LIABILITY FOR THE USE OF THE ARTIFICIAL INTELLIGENCE SYSTEM

SAMIRA ABED — Thu, 16 Jan 2025 00:00:00 +0000

Due to the technological advancements that the world experiences daily through various innovations, including artificial intelligence systems, these technologies have come to play an important role in the tasks they perform. However, this does not imply that they cannot cause harm to others, raising the issue of who is responsible for compensation and the appropriateness of tort rules concerning artificial intelligence.

Tort rules cannot be applied to artificial intelligence, nor can we apply certain elements of liability rules related to personal acts and liability concerning objects. However, we can apply the rules of objective liability to provide compensation for damages by establishing regulations that specify the responsibilities of the producer, the programmer, and the user.

THE LEGAL NATURE OF THE ADMINISTRATIVE DISTRICTS AND MUNICIPAL DELEGATIONS

HARNANE NADJET, ZOUAGRI AL TAHAR — Thu, 16 Jan 2025 00:00:00 +0000

The research on the legal adjustment and the legal nature of the administrative district require focus on its position in the state administrative hierarchy, i.e., identifying its position within the general administrative body. In this regard, in its assignments of the administrative tasks, the state takes into consideration its political, economic, cultural, and social circumstances, and tries to establish diverse administrative institutions that adopt its political and democratic principles. In this regard, the municipal delegations are represented by the municipal delegates to link the citizens and the municipal public facilities, improve the work of these facilities, launch initiatives that enhance the living and economic standards, and monitor the issues that affect the public facilities to report them to the mayors.

THE ROLE OF TAXATION IN PREVENTING ENVIRONMENTAL POLLUTION IN ALGERIAN LEGISLATION

BOUHOUIA AMEL, ARAIBIA AHLEM — Thu, 16 Jan 2025 00:00:00 +0000

Environmental taxation stands as one of the most effective tools to mitigate or reduce pollution—whether air, water, or land pollution. It imposes fees, duties, or taxes on polluters’ activities while incorporating incentives such as exemptions and rewards.

The environmental taxation system aims to hold polluters accountable by ensuring they contribute to covering the costs of their polluting activities, thereby reducing associated harm. It also guarantees a healthy environment for all members of society. In addition to raising awareness by fostering environmental literacy and a sense of collective duty to preserve ecosystems, highlighting the severe consequences of seemingly minor harmful behaviors. Plus, Encouraging cleaner production by steering taxpayers toward pollution reduction through sustainable practices. It also aims to diversify funding sources for pollution remediation efforts.

"RENEGOTIATION AS A MECHANISM FOR ENSURING THE STABILITY OF INTERNATIONAL COMMERCIAL CONTRACTS"

ZEKRI IMENE — Thu, 16 Jan 2025 00:00:00 +0000

The hardship clause in international trade contracts is a flexible mechanism designed to maintain the balance of the contract in the face of unforeseen circumstances. This clause is included either within the contract or in a separate agreement, clearly defined to protect the parties from changes that may arise due to economic, political, or financial shifts. It is required that the event be beyond the parties' control, unpredictable, and have a significant impact on the economic balance of the contract. This clause may necessitate renegotiation if the event causes unreasonable hardship for one party in fulfilling its obligations. However, ordinary risks anticipated by each contracting party do not justify the application of this clause

THE IMMUNITY OF STATE OFFICIALS FROM FOREIGN PENAL JURISDICTION IN LIGHT OF THE INTERNATIONAL LAW COMMISSION'S DRAFT

BENSALAH RACHIDA — Thu, 16 Jan 2025 00:00:00 +0000

The issue of immunity of state officials from foreign penal jurisdiction is of great importance due to its impact on the principle of sovereign equality and international stability. Interest in the topic grew after widespread serious human rights violations and efforts to hold perpetrators accountable regardless of official position. Several states began exercising criminal jurisdiction over foreign officials, which risks destabilizing international relations. In response, the International Law Commission added the topic to its agenda in 2007. This led to the adoption of draft articles on the matter by the Commission in 2022

THE LEGISLATIVE ENSHRINEMENT OF PARTICIPATORY DEMOCRACY IN LOCAL AUTHORITIES IN ALGERIA AND THE CHALLENGES OF ITS IMPLEMENTATION

FETNACI ABDERRAHMANE, CHAOUCH HAMID — Thu, 16 Jan 2025 00:00:00 +0000

Participatory democracy is a set of mechanisms and procedures designed to involve civil society actors and ordinary citizens in formulating public policy, whether at the local or national level, and in making decisions that serve the public interest. Successive Algerian constitutions and legislation governing local authorities have sought to emphasise participatory democracy, recognising its crucial role as a complement to, rather than a substitute for, representative democracy. The participatory model emphasises broadening the scope of involvement and fostering a consultative approach, with the ultimate goal of achieving the practical realisation of participatory democracy across institutions and at all levels of governance. This is aimed at promoting rational and accountable management of public affairs, reinforced by the active engagement of citizens in decision-making processes. However, implementing participatory democracy at the local level faces numerous legal obstacles, others rooted in political considerations and additional challenges that have hindered its full realisation. Overcoming these impediments necessitates the adoption of various mechanisms to enable participatory democracy to fulfil its pioneering role in this domain. These mechanisms pertain both to public authorities and civil society actors.

AMENDMENTS TO THE CODE OF MILITARY JUSTICE IN ALGERIA: CAUSES A LEGAL AND PROCEDURAL REVOLUTION

BEN MAGHNIA TAHAR EL AMIN, ABOU EL FADEL MOHAMED BEHLOULI — Thu, 16 Jan 2025 00:00:00 +0000

The new Military Justice Code17-18 came after 37 years of military judicial practice under the 1971 Act, this practice revealed many shortcomings, flaws, legal gaps and a lack of fair ruling indicators. Subsequently, the 2018 amendment led to a legal and procedural revolution in legal reforms. The military justice where the code included the new military justice and for the first time fair ruling indicators derives, its legal rules from the constitution and international conventions, as well as new provisions of the of military justice in the sense of a two instances litigation to ensure judicial security, also the establishment of the military indictment chamber, which allowed him to include the basic rules of justice

THE ROLE OF BANK LOANS IN FINANCING SMALL AND MEDIUM-SIZED ENTERPRISES (SMES) UNDER ALGERIAN LEGISLATION

RAMZI BOURZAM, HAMZA BOUKHAROUBA — Thu, 16 Jan 2025 00:00:00 +0000

Small and medium-sized enterprises (SMEs) play a vital and important role in the economic development process, which has led the Algerian state to attach great importance to this sector. However, despite all the efforts made by the government to support these institutions, they still rely heavily on bank loans for their financing. These loans effectively contribute to the establishment of these institutions, as well as to the expansion and development of their projects, through various types of loans directed to them. However, obtaining these loans faces a number of obstacles and difficulties, the most important of which are the lack of guarantees, the risks associated with the lending process and the banks’ reliance on traditional methods in the lending process, which the government is still working to gradually reduce.

THE IMPACT OF SOCIAL RECONCILIATION COUNCILS IN RESOLVING MARITAL DISPUTES BETWEEN SPOUSES: A COMPARATIVE STUDY BETWEEN SHARIA AND LAW

MAIDI ABDERRAHMANE — Thu, 16 Jan 2025 00:00:00 +0000

Reconciliation between spouses is both a religious necessity and a legal strategy. As such, mechanisms and procedures have been established in both religious and legal frameworks to address marital disputes. Among these mechanisms are social reconciliation councils, which aim to resolve conflicts before resorting to formal courts. These councils operate within an organized legal framework that entails numerous obligations and consequences. In Algerian society, such councils play a significant role in mediating disputes. However, their effectiveness varies depending on the competence of the council members, including jurists, legal experts, community leaders, and wise individuals who facilitate conflict resolution, reconciliation, or mitigation.

DIGITIZATION OF LITIGATION PROCEDURES IN ALGERIA: BETWEEN CONSOLIDATING THE MODERNIZATION OF JUSTICE AND VIOLATING THE FUNDAMENTAL PRINCIPLES OF LITIGATION

MERIEM YAGHLA, SAMIR KENAZA — Thu, 16 Jan 2025 00:00:00 +0000

The digital development that the world has witnessed has also reached the justice sector in Algeria, despite its unique nature, as it is responsible for resolving various disputes in order to achieve justice and equality between litigants. In this context, the state has attempted to reform the judicial system by modernising it to increase its efficiency, improve judicial services and bring justice closer to the citizen through the possibility of electronic litigation in certain matters. However, this may conflict with the rights of litigants guaranteed by the Constitution, which is discussed in this study.

ALTERNATIVE AMICABLE METHODS FOR RESOLVING E-COMMERCE DISPUTES -DIRECT NEGOTIATIONS AND ELECTRONIC MEDIATION-

BENAHMED RANIA — Thu, 16 Jan 2025 00:00:00 +0000

The rapid development in technology has led to the emergence of e-commerce as one of the most prominent forms of modern commercial exchange, resulting in a new type of dispute with a special nature that requires flexible and rapid legal tools. Due to the shortcomings of traditional judicial mechanisms in keeping pace with the characteristics of this digital environment, alternative dispute resolution (ADR) methods have emerged as an effective option for addressing disputes arising from it. These methods, through various approaches, represent a promising framework for achieving justice efficiently in light of the cross-border challenges imposed by e-commerce.

LEGAL MECHANISMS TO AVERT MASS MASSACRES TARGETING THE ROHINGYA MUSLIMS

SALIMA KHENNOUCHI, MOHAMED ABD ERRAHMANE MESSAOUDI — Thu, 16 Jan 2025 00:00:00 +0000

Genocide, as defined by the covenants of international law, is defined as an international crime that includes acts committed with the purpose of eradicating, in whole or in part, a national or ethnic group over an extended period of time, including the destruction of that group's political, cultural, humanitarian, and social institutions. Religious and racial hate are the main driving forces behind the crime of genocide committed against Rohingya Muslims in Burma. We will look at how international law can protect this minority from the crime of human genocide and ethnic cleansing to which it is subject, activating the various international agreements that criminalize this act, among other things, the International Criminal Court's 1998 Statute, the Convention on the Prevention and Punishment of the Genocide of 1948, and so on. Human rights and international humanitarian law would ensure that the Rohingya people of Burma are protected, regardless of whether their case is brought before the International Criminal Court or falls under universal jurisdiction. Victims of these atrocities would face appropriate legal consequences.

LEGAL CONFRONTATION OF CYBER TERRORISM

BENMOUSSA WARDA — Thu, 16 Jan 2025 00:00:00 +0000

Cyber-crime has emerged due to the development in the use of modern technological means, as it is committed through cyberspace, affecting individuals and groups, as well as one country and may extend to several countries. States, as well as threatening to use violence against individuals and groups and sowing fear and terror among individuals, or working to encourage them to join terrorist organizations by spreading misguided ideas and spreading false rumors in order to recruit them to carry out terrorist operations.

ILLEGAL IMMIGRATION, HUMAN SMUGGLING, AND TRAFFICKING

LEMYA BENDAAS, SOUHEYLA MEZIANI — Thu, 16 Jan 2025 00:00:00 +0000

The aim of this study is to demonstrate the relationship between illegal immigration, human smuggling and trafficking in human beings, and to highlight the seriousness of these crimes, particularly as they are perpetrated by organised crime syndicates that have characteristics that distinguish them from other crimes.

We have tried to address the concept of these crimes and then to discuss the relationship between them, clarifying the points of similarity and difference. We found that one of the main similarities is their common motivations and causes, including poverty, unemployment and social, economic and political conditions. Therefore, states must recognise the seriousness of these problems and work to mitigate these crimes.

PRESCRIPTION IN CRIMINAL MATTERS

AMIROUCHE HANIA — Thu, 16 Jan 2025 00:00:00 +0000

Criminal prescription is a legal concept applied in most legal systems. This doctrine has existed since ancient times in the legislations of various states, regardless of their legal and political systems. The Algerian legal framework also recognizes this principle.

The objective of this study is to examine the provisions of criminal prescription as regulated by Algerian law across multiple legal texts, as well as to identify aspects not explicitly addressed by the legislator. The topic of criminal prescription remains relatively unexplored, particularly in Arabic legal studies and research. Since the Algerian legislator has established provisions regarding both types of prescription (public prosecution prescription and sentence prescription), it is essential to distinguish between these two concepts. This distinction raises several legal and practical issues, particularly concerning the scope of prescription, the calculation of its time limits, the causes that interrupt or suspend it, and its legal consequences.

SAUDI WOMEN’S RIGHTS BETWEEN NATIONAL LAWS AND INTERNATIONAL CONVENTIONS

ENAS AHMED SAMI ABDEL AZIM EL-SADIQ — Thu, 16 Jan 2025 00:00:00 +0000

The aim of this research is to highlight the extent to which Saudi women enjoy their rights at the national and international levels. This is examined through the Kingdom of Saudi Arabia’s accession to numerous conventions and treaties that have established a wide range of fundamental rights and freedoms for women, both as universal human rights and as rights specific to women.

Key Findings: The study identified the rights of Saudi women as stipulated in national legislation, particularly in the Basic Law of Governance. It also reviewed various civil, social, and other rights enjoyed by Saudi women, such as the right to life, the right to work, the right to equal pay, and the right to participate in political life, among others. These rights are guaranteed to women on an equal footing with men. Furthermore, the research confirmed that women’s rights are also protected under international charters and conventions, which affirm the right of women to work and their equality with men in this domain. Additional rights have been granted to women through international regulatory frameworks as well.

Main Recommendations:

The research recommends increasing cultural and media awareness of the importance of the role of Saudi women in society, equal to that of men. It also calls for the enactment of further legislation to strengthen the role of Saudi women and for the imposition of stricter penalties against violators of women’s rights. Another key recommendation is to establish an international committee composed of several countries to encourage signatory states to international conventions on women’s rights to implement these agreements and not evade their commitments. This committee should also be granted certain powers, including the authority to impose sanctions on countries that fail to comply with these conventions.

MEDICAL EXPERIMENTATION ON HUMANS IN ALGERIAN LAW -"LIMITS OF LEGITIMACY AND CRIMINAL LIABILITY"

BENDJEDDOU FATIMA , HOGGAS ASMA — Thu, 16 Jan 2025 00:00:00 +0000

This article examines the legal framework governing medical experimentation in Algeria, highlighting the ethical and legal aspects related to conducting medical research on human subjects. It establishes the concept of medical experimentation, reviewing its importance for scientific progress while also highlighting the risks that may arise if legal and humanitarian principles are violated. The article also outlines the conditions for conducting medical experimentation in Algerian law, in accordance with Law No. 18-11 on health, particularly with regard to patient consent, legal protection, and the obligations of the physician-researcher. In its criminal section, the article focuses on the legal liability that may arise when these controls are violated. It addresses the elements of the crime resulting from an illegal medical experiment and the penalties stipulated in this context, in addition to referencing some relevant international principles, such as the Helsinki Convention.

THE DEVELOPMENT OF VIRTUAL ARBITRATION AS A WAY TO INCREASE TRANSPARENCY IN DISPUTE RESOLUTION USING THE EXAMPLE OF INTERNATIONAL ARBITRATION CENTERS IN EGYPT (CRCICA), KENYA (NCIA) AND MAURITIUS (MIAC)

EKATERINA RUSAKOVA , TATYANA CHERNYSHEVA — Thu, 16 Jan 2025 00:00:00 +0000

In recent years, the countries of the African continent have been increasing their pace of development in digitalization and virtualization of both the public and private sectors. Increasingly, digital processes are making many African countries attractive as part of investments and partnerships with companies in the region. It remains an absolute fact that in most countries where the digital revolution is beginning to take over the spheres of society and the state itself, legislation is also beginning to develop, which is aimed at quickly regulating not only the digital products themselves that affect the spheres of society and the state, but also making changes to the regulation of dispute resolution between the parties. The article examines the complex development of African virtual international arbitration, which has already been largely developed in the laws of Kenya, Egypt, and Mauritius. Special attention is paid to the practical aspects of transparency of virtual alternative dispute resolution methods, the impact of digitalization on these processes is assessed, and approaches to dispute resolution regulation are compared to determine the potential for applying the experience gained in Russian conditions

THE POLITICS OF GLOBAL TRADE: REVISITING THE FAIR TRADE DOCTRINE IN THE ERA OF ECONOMIC HEGEMONY

JUANG ABDI MUHAMMAD, MOH. ASADULLAH HASAN AL ASY'ARIE — Thu, 16 Jan 2025 00:00:00 +0000

Fair international trade is an important goal in creating an inclusive and sustainable global economic system, especially for developing countries. While the principle of *Fair Trade* focuses on fair pricing and protecting the rights of producers in developing countries, its implementation is often hampered by the dominance of developed countries in global decision-making. To address this inequality, reform of global institutions such as the WTO is necessary to strengthen the representation of developing countries and establish fairer dispute settlement mechanisms. In addition, developing countries can strengthen their position by building regional alliances such as ASEAN and the African Union, which can increase their collective bargaining power in international trade negotiations. Integrating fair trade principles in bilateral and regional trade agreements will also provide greater opportunities for developing countries to obtain fairer prices and improve their socio-economic conditions. Effective educational campaigns and increased global consumer awareness about the importance of choosing fair trade products can accelerate this change, create higher demand for fairly produced products, and encourage developed countries and companies to adopt more sustainable trade practices. These steps can strengthen the position of developing countries in the international trading system and create a more equitable and sustainable global economy.

MANIFESTATIONS OF ECOLOGICAL JUSTICE IN POST TIN MINING RECLAMATION; AN INDONESIA-CHINA COMPARATIVE STUDY

IGA GANGGA SANTI DEWI , BAMBANG EKO TURISNO — Thu, 16 Jan 2025 00:00:00 +0000

This study examines the tension between economic growth and environmental sustainability in China and Indonesia, both major tin producers. Extensive tin extraction in these countries has led to land degradation, metal contamination, and unequal distribution of benefits for nearby populations. Although both nations have post-mining reclamation laws, their implementation has not been thoroughly analyzed through the lens of environmental law theory. This research aims to compare the regulatory frameworks and reclamation methods in China (Gejiu, Yunnan) and Indonesia (Bangka Belitung) while assessing their alignment with ecological justice. Using doctrinal legal research and a comparative approach, the study analyzes legislation, court rulings, government reports, and case studies. It focuses on three areas: (1) the application of the polluter-pays principle and precautionary approach; (2) public engagement techniques; and (3) the gap between legal standards and implementation. Findings show that China lacks procedural justice due to limited public participation but excels in law enforcement consistency and technological integration. In contrast, Indonesia's participatory model faces challenges due to weak oversight and local elite co-optation. Neither country fully embraces the rights of indigenous peoples. This study recommends policy synergy, with China adopting Indonesia's participatory model and Indonesia enhancing technology-driven law enforcement like China's.

MEDICAL EXPERIMENTATION ON HUMANS IN ALGERIAN LAW -"LIMITS OF LEGITIMACY AND CRIMINAL LIABILITY"

BENDJEDDOU FATIMA, HOGGAS ASMA — Thu, 16 Jan 2025 00:00:00 +0000

INDONESIA'S AGRARIAN REFORM POLICY IN IMPROVING ACCESS TO FOOD SOURCES IN REMOTE AREAS

MIRA NOVANA ARDANI, ANA SILVIANA — Thu, 16 Jan 2025 00:00:00 +0000

Agrarian reform in Indonesia is one of the strategic policies to create equal access to natural resources, especially land, which serves as the main support for food security. However, the implementation of agrarian reform so far has shown gaps in achieving its main objectives, especially in improving access to land as a source of food in remote areas. This study aims to examine the extent to which the agrarian reform policy is able to have a real impact on increasing people's access to food sources in these areas. Using the doctrinal approach method, this research relies on secondary data obtained through literature studies, policy documents, and relevant laws and regulations. The results show that although agrarian reform has been running, its implementation is often distorted by political and economic interests, which causes unequal land distribution and does not support food security in remote areas. Therefore, this study recommends that the implementation of agrarian reform return to the spirit of its purpose, which is to provide fair and equitable access to land, with a focus on granting land access rights that are directly related to the survival and food security of communities in remote areas. This effort must involve the government, the community and the private sector in an integrated manner to achieve maximum results.

COMPARATIVE INSIGHT INTO INTERNATIONAL COMMERCIAL ARBITRATION LAW RULES REGARDING EXECUTION OF ARBITRAL AWARDS OF THE DPR KOREA, RUSSIA AND CHINA

HUI-CHOL PAK, HYE-RYON SON, YUN-CHOL KO, SON-GYONG JONG, UN-NAM KIM — Thu, 16 Jan 2025 00:00:00 +0000

Economic and trade relations, and civil and commercial relations between Russia and the DPR Korea, which used to be carried out in a very limited regional area, including Rason of the DPR Korea and Vladivostok of Russia, is developing in a diversified way, the demand for which is increasing day by day. Civil and commercial relations that have been traditionally carried out between the DPR Korea and China is also expanding and developing to a higher level to achieve mutual economic development. Such international commercial relations between legal and natural persons of these three countries inevitably entail disputes, most of which are settled by arbitration procedures. Certain discrepancies between the legal provisions on international commercial arbitration of these three countries constitute obstacles in the execution of arbitral awards, which, in turn, impedes, to a certain extent, the realization of the rights and interests of the parties engaged in international commercial relations. The present paper aims at providing the legal and natural persons of the DPR Korea, Russia and China with a clear understanding of the contents of the international commercial arbitration law rules of the three countries regarding the execution of arbitral awards in order to make sure arbitral awards are properly enforced in their interest, thus ensuring the stability of economic transactions between the three neighboring states and facilitating the interests of the relevant parties. The paper offers an overview of the provisions of several international legal instruments, including international treaties generally recognized by the international community, on the basis of which the provisions of the international commercial arbitration law of the three countries regarding the execution of arbitral awards are compared and analyzed.

THE IMPERATIVE PHILOSOPHY OF LAW AND THE CONSTITUTION OF BANGLADESH: A LEGAL ANALYSIS

MD. ABDUL MANNAN BHUYEAN, MD. MASRUR ISLAM, FAYEZA IBNAT — Thu, 16 Jan 2025 00:00:00 +0000

This article examines John Austin's imperative theory of law, which portrays law as a command from a sovereign that is reinforced by sanctions and applies this concept to the constitutional transition in Bangladesh. It addresses how Austin’s legal positivism distinguishes legal validity from moral judgment, emphasizing authority and enforcement over ethical considerations. The analysis rigorously evaluates Bangladesh’s constitutional modification through the lens of command theory, illustrating how sovereign power has often superseded democratic principles and individual rights. Some revisions conform to utilitarian principles or express widespread acceptance, while others exhibit authoritarian imposition apart from ethical considerations. The study finds that while Austin's theory offers a coherent structural account of legal authority, it insufficiently addresses the ethical foundations necessary for constitutional legitimacy. In Bangladesh, the Constitution frequently functions more as a tool of sovereign authority than as a guardian of rights, highlighting the conflict between legal positivism and democratic constitutionalism.

THE LEGALITY OF SEXUAL RELATIONS WITH MINORS IN WESTERN LEGISLATION

CHEMMAM MOUNIR, MAHFOUD IKRAM — Thu, 16 Jan 2025 00:00:00 +0000

This article explores legal treatment of intercourse with children by Western law under age of sexual relations, cultural relativism, and protection of the child across international and national jurisdictions. The differences and variations concerning age of consent laws by Western states, as well as their legal and ethical implications, are discussed in it. The study also condemns the liberal legal tradition which, in some instances, allows for precocious sexual autonomy in the name of freedom and rights, with concerns regarding its impact on childhood, psychological development, and social morality.

THE AGRICULTURAL CONCESSION CONTRACT BETWEEN THE CONCEPTUAL FRAMEWORK AND LEGAL EFFECT

OMAR NEGAZ , NADJIA BOURAS — Thu, 16 Jan 2025 00:00:00 +0000

Agricultural concession is an essential mechanism for exploiting agricultural lands belonging to the state's private property. It is an administrative contract under the exclusive jurisdiction of the state. In this regard, the Algerian legislator has issued several legal texts regulating the agricultural concession contract, the most important of which are Law 10-03, which defines the conditions and modalities for exploiting agricultural lands of the state's private property, and the Agricultural Guidance Law 08-16. These legal texts collectively establish that the concession contract is the only means by which agricultural lands of the state's private property can be exploited.

This article aims to study the agricultural concession contract in terms of its concept, as well as the rights and obligations it entails for both the state and the investor holding the concession right.

MONEY LAUNDERING THROUGH CRYPTOCURRENCIES: INTERNATIONAL AND NATIONAL LEGAL FRAMEWORK

AIT-ALI ZAINA — Thu, 16 Jan 2025 00:00:00 +0000

The digital world has undergone an unprecedented revolution in recent years with the emergence of cryptocurrencies. These decentralized digital currencies offer many advantages in terms of speed, reduced transaction costs and relative anonymity. However, the same anonymity has also raised concerns about their potential use in illicit activities such as money-laundering. Money laundering through cryptocurrencies poses complex challenges for public international law, and national law, because it transcends state boundaries and can involve multiple actors hidden behind encrypted identities.

LEGAL LINGUISTICS: A SPECIALIZATION OF LAW

ZEGOUARENE SAMIA — Thu, 16 Jan 2025 00:00:00 +0000

Legal linguistics is the study of legal language, encompasses a specific vocabulary used in a distinctly defined manner that is solely legal and often challenging for non-experts to comprehend. The drafting of legal texts in one or multiple languages thus poses significant difficulties, especially concerning the choice of terms employed by national legislators and drafters of international texts (conventions, international treaties). This is due to the fact that different versions of the text need to express the same meaning as the original. As a result, law and language are inherently connected, as legal language requires a particular vocabulary.

JUDICIAL GUARANTEES FOR FOREIGN INVESTMENT DISPUTES IN ALGERIA: EFFECTIVENESS AND COMPARATIVE PERSPECTIVES

BAKHTA BENSAID, MOKADEM HAMEURLAINE, MOHAMED BENSAID — Thu, 16 Jan 2025 00:00:00 +0000

This article examines the judicial guarantees for resolving foreign investment disputes in Algeria, assessing their effectiveness and comparing them to international and regional standards. Judicial protection is vital for attracting foreign investment, as investors prioritize robust legal frameworks to mitigate commercial and political risks. The study analyzes Algeria’s reliance on national courts, grounded in sovereignty principles, as the primary venue for dispute resolution, evaluating their accessibility, impartiality, and judicial expertise. It also explores international arbitration as an alternative, highlighting its appeal to investors and Algeria’s conditional acceptance under bilateral agreements or specific contractual clauses. Comparative perspectives with the ICS ICSID framework and Morocco’s flexible arbitration policies reveal Algeria’s strengths in legal clarity but underscore limitations in judicial specialization and arbitration accessibility. Enhancing judicial training and broadening arbitration access could strengthen Algeria’s investment climate, aligning it with global best practices and fostering competitiveness in attracting foreign capital.

THE IMPACT OF CLIMATE CHANGE ON INTERNATIONAL SECURITY

HOCINE SALEM — Thu, 16 Jan 2025 00:00:00 +0000

There is no doubt that change is God’s law in His creation, and the international community has witnessed several changes in all economic, political, social and cultural fields, so that the areas and borders of countries have changed over the centuries. One of the reasons for this change is the climate. Recently, the issue of climate change has become the main concern of all researchers and specialists, especially those in international public law, and through the efforts made by the United Nations. The goal of this was to protect the international community from the effects of climate change and the unexpected results that resulted from it, which led to the threat to international peace and security. This research paper aims to identify the most important causes of climate change, and to attempt to highlight the role of international efforts in formulating and controlling effective agreements binding on all countries that would reduce greenhouse gases that cause climate change, and to highlight and determine the impact of climate change on international security and political and economic stability of countries. Through my vision and interest in this sensitive and important topic in the daily life of man and his surroundings, and his security, and in light of this study, the most important ideas of researchers and specialists in this field are highlighted, and that this topic deserves research, discussion and analysis because it is related to man and his activities and the environmental changes surrounding him, and to international security and peace, so a number of questions arise on this topic, including: What do we mean by climate change? What are its causes? What are its effects and risks on international security?

THE CONTEMPORARY THEOLOGY LESSON AND ITS EPISTEMOLOGICAL AND METHODOLOGICAL ISSUES

NORA RADJATI1 — Thu, 16 Jan 2025 00:00:00 +0000

This article deals with the problem of contemporary theological education and its epistemological and methodological issues, a topic that has aroused our scientific curiosity due to the numerous challenges that hinder the learning process of theological education. These challenges can be summarised in two aspects: the epistemological aspect and the methodological aspect, which have been addressed in the content. In order to discuss this intellectual issue, we divided the topic into an introduction, in which we presented the main frameworks of this topic, the objectives of its study and the methodology adopted, followed by three sections: in the first section, we defined the research concepts, namely the epistemological issue and the methodological issue; in the second section, we analysed the epistemological issue and its types; and in the last section, we explored the methodological issues. We concluded this paper with a series of findings derived from the analysis and exploration of these issues.

Retracted

Retracted — Thu, 16 Jan 2025 00:00:00 +0000

Retracted

ELECTRONIC COLLECTION OF SIGNATURES IN SUPPORT OF A CANDIDATE: A COMPARATIVE ANALYSIS OF RUSSIAN AND FOREIGN EXPERIENCE

Thu, 16 Jan 2025 00:00:00 +0000

The article is devoted to a comparative legal analysis of foreign and domestic experiences on the introduction of electronic collection of signatures of voters in support of nominated candidates. To conduct this study, several criteria were used, including: the level of elections, the online platforms used for this purpose, legislative regulation, and the number of electronic signatures allowed for a candidate in relation to paper signatures.

The article cites member States of the Organization for Security and Co-operation in Europe (OSCE) that have sufficient potential and technical capability to introduce the mechanism under consideration, but currently do not use such an instrument.

The paper outlines the election campaigns of a number of states, in which proposals were put forward to use electronic signature collection in support of candidates, but were not supported by parliaments, as well as the experience of judicial challenge against the inadmissibility of online signature collection (Italian Republic).

Demonstrating the states where the collection of signatures on the Internet is allowed as part of the nomination of popular initiatives and referendums, the authors suggest the subsequent introduction, by analogy, of electronic signature collection in support of candidates nominated for elections.

NEW ARAB PRESS AND MEDIA LAWS IN THE POST- ARAB SPRING AND DIGITAL AGE: AN ANALYTICAL STUDY

HUSSNI MOHAMED NASR — Thu, 16 Jan 2025 00:00:00 +0000

Driven by the events of the so-called Arab Spring in 2011 and the digital inevitability that swept through, several Arab countries have changed their constitutions and press, publications, and media laws, issuing new constitutions and laws to keep pace with the political and technological changes witnessed in the Arab world in the second decade of the 21st century.

The core argument of this paper is that some Arab countries that experienced political changes had to amend their press, and media laws not only to align with the new regimes but also to keep up with the media landscape established by new media and social networks. Meanwhile, other countries felt the need to preempt revolutions by making structural changes to their media-related legislation to avoid what happened to other Arab regimes.

The research uses qualitative analysis to examine the texts of the new Arab press, and media laws issued after 2010, the year that marked the beginning of the Arab Spring, analyzing them qualitatively according to a set of axes. Specifically, it examines the press, and media laws issued in Algeria (2012), Tunisia (2014), Morocco (2016), and Egypt (2018), in addition to partial amendments made to the laws of other Arab countries.

The research concludes that the new media laws issued to put more control on the freedom of press and media and to keep pace with the digital age. These laws have reinforced the authoritarian Arab approach to be able to deal with traditional and new media, benefiting from accumulated experiences in this field. Thus, the changes in press and media laws were not aimed at granting more freedoms but rather at tightening the regimes’ control over the old and new media landscape.

LEGISLATIVE CONTRADICTIONS IN NIGERIA’S CHILD LABOUR LAWS: A CRITICAL ANALYSIS OF THE LABOUR ACT AND CHILD RIGHTS ACT

OLUWAKEMI ODEYINDE — Thu, 16 Jan 2025 00:00:00 +0000

Child labour remains a significant issue in Nigeria, particularly in sectors like agriculture, despite the country's ratification of key international conventions such as the ILO Minimum Age Convention (No. 138) and the Worst Forms of Child Labour Convention (No. 182). This article critically examines the legislative contradictions between Nigeria’s Labour Act (2004) and the Child Rights Act (2003), which set conflicting minimum working ages of 12 and 18 years, respectively. These inconsistencies, coupled with the absence of a clear list of prohibited hazardous activities, undermine child protection efforts and compliance with international standards. The study employs a rights-based theoretical framework, drawing on Hohfeld’s claim rights and the interest theory, to analyse these gaps and their implications. It highlights weak enforcement mechanisms, socio-economic challenges, and the need for harmonised legislation. Recommendations include amending the Labour Act to align with international standards, publishing a definitive list of hazardous work, strengthening enforcement, and implementing economic interventions like conditional cash transfers to reduce child labour.

ENHANCED LEARNER SATISFACTION: AN ASSESSMENT OF BLACKBOARD’S USABILITY AS A LEARNING MANAGEMENT SYSTEM AT THE OPEN UNIVERSITY OF MAURITIUS

ATAWOO HAGILA, BELLE LOUIS JINOT — Thu, 16 Jan 2025 00:00:00 +0000

This study aimed to determine the level of satisfaction of first-time users of the Open University of Mauritius’ Learning Management System (LMS). Surveys demonstrated that many tutors complained about the usability and adaptability of e-learning platforms: they perceived that the features were not user-friendly. Limited research across educational contexts, including Mauritius, has been conducted to discern and assess the usability and adaptability of Blackboard and the level of tutor satisfaction in using the new LMS. This becomes pertinently significant to understand in the context of Online Distance Learning (ODL), whereby most of the teaching and learning occur online. The study is based on the assumption that Blackboard is highly usable and adaptable to the extent that the students’ learning is ascendant with more student engagement and proactivity. The questionnaire was employed as the methodology to collect data on the usability, the frequency, the level of satisfaction with the online features, tools and the support offered in their use of the new LMS. The findings of the study highlight that Blackboard facilitates the learning process with its user friendliness, enabling learners to capitalise on its use and statistical evidence demonstrate that the respondents were highly satisfied with the provided support. This paper recommends assessing the usability and adaptability of Blackboard as an LMS at the Open University of Mauritius to enhance learner engagement and learners’ overall learning experience.

ALGERIA’S LEGAL RESPONSE TO HUMAN TRAFFICKING: FROM NORMATIVE ALIGNMENT TO IMPLEMENTATION CHALLENGES IN LIGHT OF INTERNATIONAL AND COMPARATIVE STANDARDS

BOULAARES MOKHTAR, PR. KIHEL KAMEL — Thu, 16 Jan 2025 00:00:00 +0000

This study investigates the legal frameworks addressing human trafficking at both international and domestic levels, with a primary focus on Algeria. It explores how the Algerian legislator has responded to international obligations by adopting a series of legal mechanisms intended to suppress this grave violation of human dignity. The paper analyses relevant international conventions, foremost among them the Palermo Protocol (2000), alongside regional instruments and domestic legislation, particularly Ordinance No. 09-01 and the landmark Law No. 23-04 of 2023. The study highlights Algeria’s recent shift toward a more comprehensive and rights-based approach to combating trafficking. By drawing comparisons with selected international models, such as those adopted in the European Union, the United States, and Canada, the paper evaluates the effectiveness of Algeria’s legislative efforts within a global framework. Ultimately, it argues that while Algeria has significantly progressed in aligning with international legal standards, several challenges remain regarding enforcement, victim protection, and multi-sectoral coordination.

THE POLLUTER PAYS PRINCIPLE AS A BASIS FOR INTERNATIONAL LIABILITY FOR ENVIRONMENTAL DAMAGE

CHERIF OUAKOUAK — Thu, 16 Jan 2025 00:00:00 +0000

There has been considerable scholarly debate regarding the meaning of environmental damage[i], with the divergence often stemming from its conflation with the concept of environmental pollution[ii]. In reality, pollution is a narrower concept than environmental damage, yet it represents its most serious form.

As a result, many studies have focused on environmental pollution as if it were the sole form of harm affecting the environment. National legislations, for the most part, have not explicitly defined environmental damage; instead, they have concentrated on defining pollution and the harm it causes to the environment. Therefore, in this context, we will rely on the definitions provided by legal scholars and international conventions regarding environmental damage[iii].

[i] Transboundary damage differs from ecological damage, contrary to what some may believe. The latter is narrower in scope than environmental damage, as it refers specifically to harm affecting the air, atmosphere, water, and various species of animals and plants—such as the degradation of nature, the extinction of certain fish species, or the death of some bird species, among others.

[ii] Linguistically, "pollution" (Arabic: talawwuth) derives from the root referring to soiling and mixing. For example, one might say “he soiled his clothes with mud,” meaning he stained them, or “he polluted the water,” meaning he muddied it. It also connotes corruption and impurity. The verb lawwatha (to pollute) means to defile or contaminate something. Refer to: Lisan al-Arab by Ibn Manzur, previously cited.

In specialized environmental terminology, pollution is defined as any direct degradation of the organic, thermal, biological, or radiological properties of any part of the environment—for instance, by discharging, emitting, or depositing waste or substances that may affect beneficial use. In other words, it results in a condition that is harmful or potentially harmful to public health or the safety of animals, birds, insects, fish, living resources, and plants. See also: Lisan al-Arab by Ibn Manzur, previously cited.

[iii] Kanso Miloud Zine El Abidine, International Responsibility for Environmental Damage, previously cited, p. 19.

INTERNATIONAL RESPONSIBILITY FOR THE ACTIONS OF PRIVATE MILITARY AND SECURITY COMPANIES

BENNACER FAIZA — Thu, 16 Jan 2025 00:00:00 +0000

The rapid spread and diversification of the services offered by private military and security companies has drawn the attention of the international community, particularly in view of their involvement in combat operations and the violations of international law committed by their personnel. This necessitates a discussion of international responsibility for the actions of these companies, which is the focus of our current research. Our research will specifically focus on the responsibility of the state that contracts these companies

THE NEW OPERATIONAL SYSTEM FOR THE PROTECTION OF GENETIC RESOURCES AND RELATED TRADITIONAL KNOWLEDGE ASSOCIATED WITH PATENTS TO PROMOTE SUSTAINABLE DEVELOPMENT IN ACCORDANCE WITH THE 2024 WIPO TREATY ON INTELLECTUAL PROPERTY, GENETIC RESOURCES AND ASSOCIA

HADJ ABDELHAFID NESRINE — Thu, 16 Jan 2025 00:00:00 +0000

Genetic resources and traditional knowledge play a pivotal role in achieving sustainable development, contributing to vital sectors such as agriculture, medicine, and biodiversity conservation. They hold profound economic, social and cultural value for indigenous communities. However, piracy and the appropriation of these resources and knowledge within the patent system without equitable benefit-sharing threatens the livelihoods of these communities and undermines sustainability efforts. In response to growing demands from indigenous peoples and governments of developing countries for the protection of their resources, WIPO has established a treaty on intellectual property, genetic resources, and associated traditional knowledge. This treaty serves as an international tool aimed at addressing the patent system and ensuring greater transparency by requiring patent applicants to disclose the source of these resources and knowledge. The treaty aims to put an end to unlawful appropriation and promote fair and equitable benefit-sharing, while also considering the potential challenges of effective implementation and ensuring the participation of all stakeholders. We will demonstrate this through an analysis of the treaty’s texts and dimensions.

MONEY LAUNDERING THROUGH CRYPTOCURRENCIES: INTERNATIONAL AND NATIONAL LEGAL FRAMEWORK

MOULAYBRAHIM ABDELHAKIM — Thu, 16 Jan 2025 00:00:00 +0000

Juvenile delinquency is a complex social and legal phenomenon requiring a multidimensional approach incorporating psycho-social, educational and legal analyses, given its severe impact on individuals and society. It refers to unlawful behaviours committed by minors who have not yet reached the legal age of maturity. In Algeria, this group is distinguished by a specific legal system that ensures they are treated according to their age-related characteristics, as outlined in Law 15-12 and the Penal Code.

Delinquency is caused by a combination of factors, including family disintegration, a lack of guidance, improper upbringing methods, disturbed social environments, school failure and peer group influence. This phenomenon is addressed through two main approaches: prevention, involving the provision of social care and the instilling of positive values in young people; and legal protection, focusing on rehabilitation rather than punishment, in line with international standards such as the Convention on the Rights of the Child and the Beijing Rules. Furthermore, Algerian law establishes specific procedural guarantees aimed at reintegrating juveniles into society and safeguarding them against reoffending or social exclusion.

INVESTMENT POLICIES OF INSURANCE COMPANIES AND THEIR CONTRIBUTION TO NATIONAL DEVELOPMENT

HABIBA KALEM, FARIDA BENATMANE — Thu, 16 Jan 2025 00:00:00 +0000

This paper explores the investment role of insurance companies in Algeria and their contribution to national economic development. It highlights the importance of effective investment policies, particularly in securities, real estate, and policy loans, to enhance financial performance and support the national economy

'THE CONSTITUTIONAL COURT OF ALGERIA BETWEEN NECESSITY AND TRADITION'

FOUDILKHANE, DJAMEL MECHERI — Thu, 16 Jan 2025 00:00:00 +0000

The 2020 constitutional amendment led to the establishment of a new constitutional institution, the Constitutional Court, replacing the Constitutional Council. This change aligns with developments in the legislative and legal fields, particularly with regard to constitutional oversight. To this end, the constitutional founder defined the composition of the Constitutional Court in a way that distinguishes it from other institutions in various countries. It was endowed with specific membership criteria and conditions for the President of the Constitutional Court. Furthermore, provisions were established to ensure the organic and functional independence of all members of the Constitutional Court, as well as the court as a whole. These provisions are intended to achieve the required effectiveness in the field of constitutional oversight.

POLITICAL CHANGE AND CULTURAL CHANGE: A CAUSAL OR INTERACTIVE RELATIONSHIP?

KHALED TOUAZI — Thu, 16 Jan 2025 00:00:00 +0000

This article explores the complex relationship between cultural change and political change, aiming to answer a central question: Does cultural change precede and cause political change, or is the relationship between the two interactive and mutually influential? The article begins with the hypothesis that culture and politics are intertwined domains, where cultural values, beliefs, and symbols form an underlying structure for political behavior, while political decisions and public policies can, in turn, reshape the cultural framework of society.

The article adopts an analytical and theoretical approach, reviewing historical and contemporary examples that illustrate how cultural transformations—such as the rise of human rights discourse or the growth of civic awareness—have paved the way for major political shifts, such as democratic transitions. Conversely, it also highlights how political changes (e.g., decolonization or legal reforms) have led to significant cultural shifts.

The article concludes that the relationship between cultural and political change is neither linear nor simplistic, but rather interactive and complex, influenced by local and global contexts as well as the sociopolitical timeline. Therefore, a deep understanding of societal change processes requires a careful study of how culture and politics affect one another.

THE LEGAL ISSUES OF THE PRE-CONTRACTUAL PHASE -COMPARATIVE STUDY-

MESSIRDI SIDAHMED — Thu, 16 Jan 2025 00:00:00 +0000

This study addresses the pre-contractual phase, aiming to highlight the key legal issues that arise during this stage. Often lacking explicit legislative solutions, these issues raise many questions about their legal resolutions. The first section discusses the legal significance of defining the nature and timing of negotiations. The second section focuses on the legal obligations of the negotiating parties during the negotiation phase.

PRINCIPLES OF INVESTMENT IN LIGHT OF LAW NO. 22/18 ON INVESTMENT

IMENE BOUCHAREB1 — Thu, 16 Jan 2025 00:00:00 +0000

This article delineates the foundational principles underpinning Algeria’s investment policy, notably the principles of investment freedom, equality, and transparency, which serve as essential tools for enhancing the business environment and attracting capital. The principle of investment freedom affords investors the autonomy to initiate projects without being encumbered by cumbersome bureaucratic obstacles, while simultaneously underscoring the necessity for legal frameworks and limitations that uphold the sovereignty of the state over its territorial integrity. The principle of equality is designed to ensure equitable treatment of all investors, whether domestic or foreign, by providing balanced opportunities and eliminating any tendencies towards discrimination or preferential treatment, thus fostering a dynamic economic atmosphere. In terms of transparency, the principle guarantees a clear and stable investment environment by ensuring the availability of legal and administrative information, promoting the digitization of procedures, and enhancing regulatory oversight. In conclusion, embedding these principles into practice is a critical step towards stimulating productive investments, bolstering the national economy, and establishing more reliable and sustainable economic partnerships.

LEGISLATIVE PROCESS IN INDIA AND RUSSIA: A CONSTITUTIONAL COMPARISON

RAJASHREE PATIL — Thu, 16 Jan 2025 00:00:00 +0000

Legislative process is necessary for democratic governance, for it is a reflection of constitutional structure of a nation. Legislatures in India and Russia are two very different federal systems that have written constitutions. This paper thus compares two such constitutions along structural differences, legislative initiation, constitutional amendments, presidential roles, and judicial oversight. India operates under a parliamentary system with a ceremonial head of state and a bicameral legislature, whereas in Russia the president is actually semi-presidential and his powers are much stronger than the head of state in India. Whereas Russia’s constitutional amendment-based process is more centralized than India’s federal multi-tiered federal consensus. But the methods of judicial review differ in both countries, both for the judiciary to play an important role in both preserving constitutional principles. These structural differences reveal an impact on the rule of law, democratic participation and balance of powers. Both systems strive to secure constitutionalism, but their legislative tradition determines, to the extent political and historical tradition matters in governance and democratic development, distinct historical and political understandings of constitutionalism.

CITIZENS’ INVOLVEMENT IN MANAGING LOCAL COUNCILS

CHENIKHAR HADJER, ADJABI SABRINA — Thu, 16 Jan 2025 00:00:00 +0000

Successive national constitutions, much like international ones, have emphasized the importance of participatory democracy. This principle emphasizes fostering citizen engagement in local decision-making by ensuring transparency in governance, alongside promoting effective democracy and active participation in the decision-making processes of the local council.

Although the Algerian constitution upholds this principle, especially with the constitutional amendments of 2016 and 2020 that strengthened it, numerous challenges persist. This includes poor practical implementation, insufficient legal safeguards for its enforcement, and citizens' reluctance to use this right.

JURIDICAL ANALYSIS OF CHANGES IN THE IMPOSITION OF FINES FOR BUSINESS COMPETITION VIOLATIONS

PARAMITA PRANANINGTYAS, MOH. ASADULLAH HASAN AL ASY'ARIE — Thu, 16 Jan 2025 00:00:00 +0000

The principle of proportionality in the determination of fines is an important aspect in assessing fair and effective sanction policies. In the international system, proportionality is often associated with market impact and the capacity of business actors. In Indonesia, with the enactment of KPPU Regulation Number 2 of 2021, there is an opportunity to evaluate the extent to which this proportionality is applied in calculating the amount of fines against violators. This research uses a doctrinal method with a conceptual and statutory approach. The purpose of this study is to determine the motives for changes in the regulation of the imposition of fines in business competition violations in Indonesia and to see its comparison with other countries. The results show that the regulation of the imposition of fines currently in force has an impact on the technical accuracy of estimates of business strategies for business actors. The strategy in question is that in accordance with the Commission's objective to provide an understanding of the compliance program in fair business competition to business actors who commit violations or have the potential to commit violations. This study concludes that the regulation of fines against business actors embodies aspects of legal certainty and expediency. The conclusion of the study also shows that further arrangements need to be made regarding the details of the method of calculating fines against business actors. This regulation is needed to provide transparency for the realization of legal justice

SOFT PENETRATION AND CLEAN INFILTRATION AS A NEW TURKISH STRATEGY IN AFRICA (ECONOMIC DIMENSION AND GEOSTRATEGIC APPROACH)

LAKHDARI IMANE — Thu, 16 Jan 2025 00:00:00 +0000

The African continent, particularly the North African region, is one of the areas most susceptible to international and regional trends, given its significance in international politics, not to mention its strategic and geostrategic importance. Following the Arab Spring revolutions, waves of political reform and changes in most North African countries, the region has become a prominent subject in strategic studies. This region is a key factor in the balance of power in the area as a whole

THE PARTICIPATORY APPROACH AND ITS ROLE IN THE ECONOMIC EMPOWERMENT OF MUNICIPALITIES (ANALYTICAL STUDY OF SUCCESSFUL MODELS)

Thu, 16 Jan 2025 00:00:00 +0000

The participatory approach is a social communication process that empowers residents to initiate and make decisions regarding the identification and implementation of developmental activities and programmes concerning their future. This approach is linked to local development, and is most effective at enhancing citizen participation in public affairs at the local level. This raises questions about how local citizens can be involved and what mechanisms and methods can be used to apply it, given the failures of traditional democracy and parliamentary representation in a humanitarian context. The approach calls for participatory democracy to be activated in order to overcome the crises faced by regions at the local level. In this research paper, we analyse the concept of the participatory approach and its related concepts, foundations and steps. We also present the experiences of countries that have successfully improved the lives of their citizens in regions where the approach has been implemented.

REASSESSMENT OF STATE PRACTICE AS AN ELEMENT OF CUSTOMARY INTERNATIONAL LAW: FOCUSING ON THE PROCESS OF ITS FORMATION

HUI-CHOL PAK, HYE-RYON SON, SON-GYONG JONG — Thu, 16 Jan 2025 00:00:00 +0000

International custom as one of the norms to be applied in deciding international disputes are referred to in Article 38 (1) (b) of the ICJ Statute as follows; “international custom, as evidence of a general practice accepted as law”. It is generally recognized among international scholarship that there are two elements of customary international law. One is “general practice” and the other is “opinio juris”. While the former refers to state practice that is generally formed by states, the latter refers to the “recognition” of states regarding the legal character of state practice. Customary international law, especially the concept of state practice, continues to give rise to controversies due to its uncertainty surrounding its formation and manifestation. The International Law Commission decided during its sixty-third session to include in its long-term programme of work the topic “Formation and Evidence of Customary International Law” and dealt with the issue of state practice in its several subsequent reports and the International Law Association has also continuously worked on this topic. Although governmental and non-governmental organizations such as the International Law Commission and international publicists of many countries are carrying out in-depth study on state practice as the most principal element of customary international law, no consensus has been reached yet. The paper attempts to shed light on some uncertainties and illogicalities based on existing theory on the formation of state practice and contribute to establishing hopefully more rational and theoretical understanding on state practice.

THE ROLE OF INTERNATIONAL LAW IN SHAPING NATIONAL RESPONSES TO CHILD LABOUR: A CASE STUDY OF NIGERIA

Oluwakemi Odeyinde, — Thu, 16 Jan 2025 00:00:00 +0000

This paper critically examines the role of international legal frameworks in addressing child labour in Nigeria, focusing on the effectiveness of treaties such as the “ILO Minimum Age Convention” (No. 138), the “Worst Forms of Child Labour Convention” (No. 182), and the “UN Convention on the Rights of the Child” (UNCRC). Despite Nigeria’s ratification of these conventions, their implementation has been hindered by conflicting national laws, weak enforcement, cultural norms, and socio-economic challenges. The paper highlights legal inconsistencies, such as Nigeria’s Labour Act allowing employment from the age of 12, contrary to international standards. Using a doctrinal analysis and contextual approach, the study reveals a significant gap between ratification and practical enforcement. The Nigerian case illustrates broader challenges faced by developing countries in localising international norms and the need for sustained political will and community engagement in protecting children’s rights

JUDICIAL GUARANTEES FOR FOREIGN INVESTMENT DISPUTES IN ALGERIA: EFFECTIVENESS AND COMPARATIVE PERSPECTIVES

BAKHTA BENSAID, MOKADEM HAMEURLAINE, MOHAMED BENSAID — Thu, 16 Jan 2025 00:00:00 +0000

EFFECTIVENESS OF LEGENFORCEMENT AGAINST ILLEGAL STREET RACING: A COMPARATIVE STUDY OF INDONESIA, THE UNITED STATES, AND GERMANY

IVAN AMINULLOH, KARIM — Thu, 16 Jan 2025 00:00:00 +0000

Illegal street racing remains a persistent and complex challenge in many urban settings, particularly among male adolescents who engage in high-risk behavior as a means of asserting identity and gaining peer recognition. This phenomenon poses significant threats to public safety, social order, and the rule of law. Despite ongoing law enforcement efforts, the recurrence of illegal racing activities indicates the limitations of punitive measures alone. This study aims to evaluate the effectiveness of legal enforcement mechanisms in addressing illegal street racing by conducting a comparative analysis of regulatory frameworks, sanction models, preventive strategies, and public education initiatives in Indonesia, the United States, and Germany. Employing a normative juridical and comparative legal methodology, the research explores how each country integrates legal instruments with sociocultural and educational interventions to deter such behaviors. The study finds that a multidimensional approach—incorporating stringent legal sanctions, proactive prevention efforts, and sustained public education tailored to local legal cultures—is essential for long-term effectiveness. In particular, Germany’s model of integrating community-based awareness campaigns and the United States’ emphasis on diversionary programs for youth offenders offer valuable insights for reform. The findings suggest that Indonesia’s current legal framework could benefit from adopting a more integrative and rehabilitative approach informed by international best practices. By strengthening legal deterrents while simultaneously addressing the underlying social and psychological motivations for street racing, Indonesia can enhance both legal efficacy and public safety outcomes.

THE AUTHORITY OF MILITARY COURTS IN PROSECUTING COMMON CRIMES COMMITTED BY ARMED FORCES PERSONNEL: A COMPARATIVE LEGAL STUDY OF INDONESIA, THE UNITED STATES, AND THE NETHERLANDS

DANOFAN TRIANTO — Thu, 16 Jan 2025 00:00:00 +0000

This article examines the legal authority of military courts in Indonesia to prosecute common crimes committed by members of the armed forces, using a comparative legal analysis with the United States and the Netherlands. While Indonesia retains broad military jurisdiction, including over offenses not inherently related to military duties, democratic jurisdictions like the U.S. and the Netherlands have implemented robust safeguards or jurisdictional limits to ensure judicial accountability and human rights compliance. Drawing upon legal statutes, human rights reports, and precedent cases, this study finds that the Indonesian system risks undermining due process and public trust due to limited transparency and the absence of civilian oversight. The United States, through the Uniform Code of Military Justice (UCMJ), embeds multiple layers of civilian control, while the Netherlands has fully integrated military justice into the civilian judiciary since 1991. The article concludes that Indonesia should restrict military jurisdiction to strictly service-related offenses and transfer all common crime cases involving military personnel to civilian courts. Such reform would align national practices with international human rights obligations and enhance public confidence in the justice system.

LAW ENFORCEMENT AGAINST ILLICIT TOBACCO IN INDONESIA: A REVIEW IN THE SOUTHEAST ASIAN REGIONAL CONTEXT

HENDRI CANDRA WIJAYA — Thu, 16 Jan 2025 00:00:00 +0000

Illicit tobacco trade continues to pose a significant threat to public health, state revenue, and the integrity of law enforcement in Indonesia. This study investigates the enforcement mechanisms and institutional challenges associated with combating illicit tobacco products, contextualizing the issue within the broader Southeast Asian region. Drawing on legal analysis, empirical data, and comparative regional insights, the research identifies three critical barriers to effective enforcement: weak surveillance and tracking systems, low deterrent impact of current sanctions, and insufficient regional cooperation. By comparing Indonesia's situation with neighboring countries such as Malaysia and Thailand, the study reveals gaps in digital tracking, inter-agency collaboration, and cross-border enforcement. This article advocates for regulatory reform, stronger penalties, and the creation of an ASEAN-based cooperative platform to combat illicit tobacco trade collectively. The study contributes to filling the scholarly gap on regional responses to tobacco smuggling in the Global South

RETENTION OF PERSONAL DOCUMENTS AS A FORM OF LABOR EXPLOITATION: A COMPARATIVE STUDY OF LABOR LAW IN SOUTHEAST ASIA

ARIEF BUDI PRASETYO, JONAEDI EFENDI, IMAM SUROSO — Thu, 16 Jan 2025 00:00:00 +0000

The confiscation of personal identity documents such as passports, visas, and work permits by employers has emerged as a critical issue in labor exploitation, particularly within Southeast Asia's migrant labor markets. This article examines this practice's legal dimensions and human rights implications, drawing on a comparative normative juridical approach across Indonesia, Malaysia, Singapore, the Philippines, and Thailand. While international labor standards clearly prohibit such conduct, domestic regulations and enforcement practices vary significantly, often leaving workers unprotected. This study finds that the retention of personal documents constitutes a mechanism of coercion and control that undermines fundamental labor rights. It proposes regional harmonization of legal frameworks, stronger enforcement mechanisms, and awareness campaigns to combat this form of exploitation effectively.

MANIFESTATIONS OF INEQUALITY BEFORE THE ADMINISTRATIVE JUDICIARY IN ALGERIA AND THEIR IMPLICATIONS FOR THE INDIVIDUAL AND SOCIETY

DJEBLAHI AHMED, BABAH HOURIA — Thu, 16 Jan 2025 00:00:00 +0000

Equality before the judiciary is a constitutional principle enshrined by the Algerian legislator. However, the practical reality of administrative justice reveals significant shortcomings that undermine this principle. These include difficulties in accessing justice and disparities in resources between citizens and administrative bodies, which result in indirect discrimination in the application of justice. Such imbalances exacerbate social inequality and promote reliance on informal mediation rather than legal recourse, thereby weakening public confidence in the judiciary and threatening societal stability. This situation calls for a comprehensive review of the legal framework and the activation of oversight and enforcement mechanisms to ensure effective equality before the administrative judiciary

INTERNATIONAL LEGAL RESPONSIBILITIES FOR SEA LEVEL RISE

Le Thi Xuan Phuong ,Ngo Minh Hiep — Thu, 16 Jan 2025 00:00:00 +0000

During the United Nations' early 2023 hearing on sea level rise, United Nations Secretary-General António Guterres emphasized that “the impact of rising seas is already creating new sources of instability and conflict”^[1]. From an international legal perspective, sea level rise poses “unthinkable” risks, with profound impacts on security, international law, human rights, and social structure, etc., which leads to large migrations in some vulnerable areas. Research on the relevant legal consequences as well as international legal responsibilities on sea level rise is necessary to prevent unwanted future damage to humanity. This article focuses on clarifying the causes leading to current sea level rise, the consequences, and the legal implications of this issue, thereby determining the international legal responsibilities of the parties and taking the first steps to provide relevant suggestions to prevent the above consequences. Besides, the article also provides some advice for the case of Vietnam.

FROM CRIME TO COURT: JUVENILE DELINQUENCY TREND IN ODISHA (A TIME SERIES LEGAL ANALYSIS)

SHIBANEE ACHARYA, OMKAR ACHARYA — Thu, 16 Jan 2025 00:00:00 +0000

The juvenile justice framework in India is anchored in a rehabilitative ethos, drawing heavily from restorative justice and the principle of prioritizing the child’s best interests. Juvenile delinquency, rather than being innate, is construed as a byproduct of socio-environmental failures such as neglect, poverty, and educational deprivation. Statutory interpretations under the Juvenile Justice (Care and Protection of Children) Act articulate the age of criminal responsibility, yet remain silent on victim compensation—revealing critical legislative lacunae. Odisha’s trajectory in juvenile offenses, diverging markedly from national trends, reveals a persistent and erratic escalation, reflecting localized socio-legal fragilities and a lack of cohesive deterrent frameworks. Despite the national trend showing signs of stabilization, Odisha’s upward pattern signals a systemic drift fueled by inadequate intervention and fragmented enforcement. Time series analyses underscore the temporality and structure of these patterns, suggesting policy fatigue and short-lived efficacy. The state’s growing share in juvenile crime highlights institutional inertia and the disconnection between normative legal aspirations and regional exigencies. These findings call for context-specific recalibrations in juvenile justice policy, emphasizing decentralized and empirically grounded interventions. The enduring rise of juvenile delinquency in Odisha thus emerges not only as a legal concern but as a broader barometer of societal dislocation and institutional insufficiency.

"Ecotourism as a Strategy to Achieve Economic Diversification and Activate Sustainable Development"

TEBIB Fatiha — Thu, 16 Jan 2025 00:00:00 +0000

The global economy today is witnessing a rapid shift toward adopting development policies that take into account the environmental dimension, in light of increasing environmental and economic challenges. Ecotourism is one of the most prominent alternatives that enhances opportunities for economic diversification. It contributes to sustainable development by preserving natural resources, creating local job opportunities, and stimulating local development.

EVALUATING THE RIGHTS OF DOMESTIC WORKERS IN UAE LAW

OMAR FARES — Thu, 16 Jan 2025 00:00:00 +0000

The UAE Labour Law, effective 2022, has come up with new changes as UAE has improved their laws with time to time. The UAE is demonstrating its commitment to fostering a forward-thinking and socially conscious labor market by adopting these suggestions in addition to adhering to global best practices. The UAE's Federal Decree Law No. 33 of 2021, a significant legislative innovation, aims to improve many aspects of workers in addressing modern social expectations.

The United Arab Emirates (UAE) has implemented labour market transparency, equality, and workers' rights. Harmonious workplace dynamics are fostered by the establishment of standard employment contracts, the Wage Protection System (WPS), and legislative initiatives to regulate overtime pay. These actions demonstrate a commitment to global best practises. A proactive approach to employee welfare shown in the strengthening of occupational health and safety regulations, providing just compensation for work-related fatalities, and improving maternity leave policy. A fair and transparent labour market is facilitated by formalising domestic worker recruiting contracts, increasing public understanding of labour laws, and enhancing enforcement strategies. Interestingly, the UAE's emphasis on helping migrant laborers, especially those engaged in informal domestic work, demonstrates a broad dedication to the welfare of its diversified labour population. All things considered, these results demonstrate how committed the UAE is to creating fair and reasonable work environments via methodical advancements, regulatory structures, and assistance program.

LAND LAW AND INVESTMENT SECURITY: A COMPARATIVE STUDY BETWEEN THE UAE AND THE EUROPEAN UNION REAL ESTATE LEGAL FRAMEWORKS

ROCSANA MARCU, FARZANA OI — Thu, 16 Jan 2025 00:00:00 +0000

Dubai’s meteoric rise as a global real estate powerhouse is rooted in its robust and investor-friendly land law framework, driven by visionary leadership, innovative legal instruments, and rigorous regulatory oversight. Central to this transformation is the Dubai Land Department (DLD) and the Real Estate Regulatory Agency (RERA), whose policies — including freehold ownership for expatriates, secure escrow accounts, and blockchain-based property registration — ensure transparency, stability, and market resilience. This research investigates how Dubai’s unique blend of civil and administrative law, combined with technological innovation, has positioned it ahead of other global property hubs. The study adopts a qualitative comparative design, drawing on doctrinal analysis, policy review, and case studies of landmark projects to illustrate the practical impact of these legal frameworks. Findings reveal that while Dubai’s legal model offers unmatched investor confidence through freehold zones and escrow protections, challenges remain in judicial consistency and enforcement predictability. Nevertheless, Dubai’s integration of smart city planning, AML compliance, and visionary urban policies under Vision 2040 reinforce its status as a benchmark for emerging markets. This paper argues that Dubai’s legal framework serves as a replicable blueprint for jurisdictions seeking to modernize land governance while balancing innovation with institutional integrity. Future research should explore the transferability of Dubai’s legal model to diverse socio-legal contexts and its alignment with sustainable urban growth.

I AGREE TO DISAGREE: A CASE OF PROLIFIC DISSENTER

SINTA UMPO, LAPI UMPEY — Thu, 16 Jan 2025 00:00:00 +0000

This paper endeavours to bring out an empirical study on the dissenting opinions of Justice K. Subba Rao. The paper, however, is confined to the Constitution Bench of Supreme Court of India. The paper tries to find quantitative data of his minority opinions in the nature of concurring dissent and solo dissents; dissents in benches of different compositions; and the dissenting ratio in the presence and absence of the Chief Justice of India in the bench among others. The present paper therefore attempts to emphasise on quantitative rather than qualitative aspects so as to locate Justice Rao’s dissents. The research finds twenty-three solo dissenting opinions of Justice Rao; nineteen of his dissents are in the bench headed by Chief Justice BP Sinha; and fourteen dissents in the absence of Chief Justice. The paper finds that Justice Rao has profoundly contributed to Constitutional discourse through his dissents

SMART CONTRACTS BEYOND THE CODE: LEGAL UNCERTAINTY AND ENFORCEMENT CHALLENGES IN RUSSIAN LAW

ALINA BUTRIM — Thu, 16 Jan 2025 00:00:00 +0000

this article adopts a legal and technological perspective to examine the regulatory framework governing smart contracts in the Russian Federation. It first explores the conceptual and doctrinal debates regarding their legal nature under Russian civil law. The analysis then reviews regulatory developments facilitating their application in financial services, logistics, and public administration, with particular emphasis on integration with the digital ruble infrastructure. Notably Russian Railways pay special attention to practical use in freight transportation. The article further considers recent court decisions delineating the legal boundaries of automated contract execution and formation on digital platforms. It concludes by identifying key legal and technical limitations that restrict the broader applicability of smart contracts to standardized, low-complexity transactions. The study offers recommendations aimed at enhancing legal certainty and promoting the effective use of smart contracts in digital governance.

BUILDING AND DEVELOPING DIGITAL NOTARIZATION IN VIETNAM IN THE CONTEXT OF DIGITAL TRANSFORMATION - EXPERIENCES FROM SOME COUNTRIES ACROSS THE WORLD

PHAM THI TUYET GIANG — Thu, 16 Jan 2025 00:00:00 +0000

The article clarifies the basic benefits of digital notarization for notarization activities in Vietnam. At the same time, it outlines the approach and implementation of digital notarization in some countries worldwide and analyzes the difficulties in implementing digital notarization in Vietnam. It recommends solutions to orient the future construction and development of digital notarization in Vietnam

REVIEWING THE UNITED STATES' PROCEDURE FOR DRAFTING AND ACCEPTING INTERNATIONAL TREATIES

Thu, 16 Jan 2025 00:00:00 +0000

This article analyzes the U.S. procedure for drafting and ratifying international treaties, emphasizing the tension between the global community's rights and the United States' national interests. The findings indicate that the United States has historically played a pivotal role in establishing international organizations and the treaties that govern them. By advocating for these treaties, the U.S. aims to alleviate fears of war and isolation, thereby encouraging other nations to participate. However, the United States often capitalizes on its position as a non-member, conditional member, or, at times, a withdrawing party to exploit other countries' commitments for its national gains. This approach generally neglects the broader interests of humanity. Essentially, the United States obstructs the advancement of international law to promote its objectives and shape public perception of the free world, frequently utilizing mechanisms such as the veto power in a strategic manner. As a result, a potential path forward may involve researchers in this field, raising awareness among nations to foster collaboration and solidarity. The goal is to shift the fear of isolation from other countries to the United States and other permanent members of the Security Council, thereby minimizing the risk of global conflict when nations confront existing special privileges.

Retracted

Retracted — Thu, 16 Jan 2025 00:00:00 +0000

Retracted

THE ROLE OF THE COURT OF ARBITRATION FOR SPORT (CAS) IN SAFEGUARDING HUMAN RIGHTS IN INTERNATIONAL SPORTING EVENTS

ANURAG YADAV, GURMINDER KAUR — Thu, 16 Jan 2025 00:00:00 +0000

The Court of Arbitration for Sport (CAS) is a renowned institution in the realm of international sports law known for resolving disputes and upholding the integrity of sporting events. It can be considered one of the highest courts for resolving disputes related to this field at the international level. This article delves into the relationship between the CAS and human rights in sports. It also navigates through the legal framework underpinning human rights in sports, including international conventions and treaties. Through a meticulous analysis of landmark cases adjudicated by the CAS, ranging from issues of discrimination to doping and gender equality, the article illuminates the evolving jurisprudence surrounding human rights within the sporting arena. However, despite its successes, the CAS faces criticism and difficulties that raise issues with independence, openness and fair access to the legal system. Given these intricacies, the paper proposes potential paths meant to reinforce the CAS’s function as an advocate for human rights, such as improved measures of transparency, a wider range of arbitrators, and closer partnerships with human rights groups. This paper highlights the vital relationship between the CAS, sports law and human rights through case studies and comparative observations. It also paves the road for a more ethical and fair future in regulating international sports governance.

COMPARATIVE APPROACHES TO WORKPLACE GENDER PROTECTION: A STUDY OF LABOUR LEGISLATION IN INDIA AND THE UNITED KINGDOM

G. RAMAJEYAM , SREE SUDHA P — Thu, 16 Jan 2025 00:00:00 +0000

This paper examines the evolution and effectiveness of labour legislations aimed at protecting women in the workplace, through a comparative lens of India and the United Kingdom. Despite constitutional guarantees and statutory frameworks in both countries, women continue to face systemic discrimination, harassment, and inequality at work. The study analyses key Indian legislations such as the Maternity Benefit Act, 1961, the Sexual Harassment of Women at Workplace Act, 2013 (PoSH), and recent labour codes, alongside the UK's Equality Act 2010, Employment Rights Act 1996, and associated regulations. By evaluating legal provisions, enforcement mechanisms, and recent case law from both jurisdictions, the research highlights critical differences in legal consolidation, institutional support, and gender-sensitive implementation. While the UK’s legislative structure offers a more integrated and proactive approach, India’s fragmented enforcement and socio-cultural constraints hinder its progress. The paper argues that India can draw valuable lessons from the UK—particularly in areas such as gender pay gap reporting, flexible working rights, and public sector equality duties. It concludes that while both nations have made notable strides, effective enforcement, workplace sensitization, and judicial responsiveness are essential to ensuring real workplace equality for women.

ANALYSIS OF TURKEY'S RELATIONS WITH IRAQ IN THE REIGN OF JUSTICE AND DEVELOPMENT PARTY SINCE 2002: A NEO-CLASSICAL REALIST PERSPECTIVE

FARUQ SAEED, FILIZ KATMAN — Thu, 16 Jan 2025 00:00:00 +0000

Historically, Secularism and Westernization with the motto of “Peace at home, peace in the world “have been the fundamental codified principles of Turkish foreign policy, emphasizing pro-status quo and passive foreign policy. This policy shifted into a more proactive and autonomous foreign policy during the reign of the Justice and Development Party (AK Party). The relationship between Turkey and Iraq is characterized by their shared borders, communities, beliefs, security concerns, trade, and cultural ties. Study argues that the evolution of Turkey's foreign policy under AK Party governments can be attributed to a combination of domestic factors, including the influence of powerful leaders, the role of the Turkish military, and the country's economic and interests’ groups, and external factors, such as the destabilizing effects of the US intervention in Iraq and the complex dynamics of the Arab Spring. Consequently, Neoclassical Realism approach can offer an explanatory framework for understanding foreign policy decisions and decision-making processes in international relations.

THE BACHA POSH PRACTICE AND THE HUMAN RIGHTS INFRINGEMENT OF GENDER SURVIVAL IN AFGHANISTAN

RITUPRIYA GURTOO, KIRAN GEHANI HASIJA — Thu, 16 Jan 2025 00:00:00 +0000

The Bacha Posh tradition, a cultural practice mainly seen in Afghanistan, involves families raising daughters as sons to cope with social, economic, and gender restrictions. Bacha Posh comes from a “Dari” word meaning girls dressed and behaving as boys. This paper explores the various aspects of the Bacha Posh phenomenon, focusing on its cultural, psychological, and human rights dimensions. Culturally, Bacha Posh shows deeply rooted patriarchal norms where boys have considerable privileges in family and society. This practice allows families to gain benefits like social mobility and increased safety, which are usually only accessible to boys. From a psychological standpoint, the dual identity experienced by these girls raises difficult questions about their sense of self. On one side, it provides temporary freedom and opportunities; on the other, it can cause long-term identity issues, gender dysphoria, and emotional hardship. Legally, the Bacha Posh practice remains uncertain, with potential human rights violations, but no clear laws regulating it. Using case studies, secondary data, and existing research, this paper thoroughly examines the need for a framework that recognizes the rights of Bacha Posh individuals and tackles the cultural, psychological, and human rights problems they face.

VIETNAMESE LAW ON ADMINISTRATIVE VIOLATION HANDLING IN ROAD TRAFFIC

HAI HO PHAN — Thu, 16 Jan 2025 00:00:00 +0000

In Vietnam, a developing country, the legal framework for handling administrative violations in road traffic plays a crucial role in ensuring order and traffic safety. Over time, the process of drafting, promulgating, and implementing these laws has faced numerous obstacles and inconsistencies, leading to both positive and negative impacts on real-world enforcement, as well as sparking multidimensional debates. In the future, further research, analysis, and legal reasoning will be required to formulate proposals and recommendations for improving this legal framework.

This paper analyzes and discusses the following issues: (1) Problem Statement; (2) Theoretical and Practical Aspects of Administrative Violation Handling in Road Traffic Law; (3) Proposals and Recommendations for Improvement.

THE LEGAL LIMITS OF REFUGEE FREEDOM AT THE INTERNATIONAL LEVEL: BALANCING RIGHTS AND DUTIES

ARAB KAMILA — Thu, 16 Jan 2025 00:00:00 +0000

In recent years, the world has witnessed a refugee phenomenon unprecedented in history. The number of refugees has reached record levels, estimated by the United Nations High Commissioner for Refugees at approximately 65 million, including 10 million stateless people, The Middle East and North Africa region leads the way, followed by Africa, Asia, Latin America, and Europe. As of mid-March 2016, the UNHCR had registered 2.1 million Syrian refugees in Egypt, Iraq, Jordan, and Lebanon, while the Turkish government had registered 1.9 million. The UNHCR registered more than 28,000 refugees in North Africa, and nearly 900,000 Syrian asylum applications were filed in Europe between 2011 and 2015.

Consequently, refugees enjoy a range of rights, including as human beings, as citizens of the country of asylum, and as refugees. They also have duties to respect, in accordance with the 1951 Geneva Convention relating to refugees.

A COMPARATIVE ANALYSIS OF PATENT LAWS OF THE DPR KOREA AND RUSSIAN FEDERATION

KUM-CHOL RO, HYE-RYON SON, JONG-UNG PAK — Thu, 16 Jan 2025 00:00:00 +0000

In the present era of knowledge-based economy, the role played by patent and patented products or technology in economic exchange and cooperation between states are continuously expanding, which accordingly requires the improvement and perfection of relevant legal climate. In this light, states enter into multilateral or bilateral treaties regarding patent and its protection, and enact national patent laws to suit to their national circumstances. As member states of the WIPO and the states parties to patent-related multilateral treaties, including the Paris Convention for the Protection of Industrial Property and the Patent Cooperation Treaty, the DPR Korea and Russia has enacted and been enforcing patent-related national laws to suit to the specific environment and situation of the countries. Comparing national patent laws of the DPR Korea and Russia is of substantial significance in promoting the understanding of the legal environment for expanding and developing bilateral relations in the field of science and technology, and economy and ensuring the implementation of international treaties concluded between the two countries. The present paper offers a comparative analysis of some of the basic issues of patent such as those relating to the application, examination and protection of patents provided in the national patent laws of the two countries.