Expropriation and Airport Development

MP01-19 GOOGLE SEARCH TRENDS AND A BIBLIOMETRIC ANALYSIS OF ENDOSCOPIC SIZE INDEPENDENT BPH SURGERIES

The shipping industry is featured by high carbon emissions. The 2023 IMO Strategy on Reduction of GHG Emissions from Ships sets forth the global goals of shipping decarbonization. Shipping decarbonization involves complicated issues of economy, technology, policy and law etc., and implies the conflicts between economic interests and environmental interests, between individual interests and public interests, between individual States’ interests and international common interests and between current interests and long-term interests. This research suggests that balancing such conflicting interests need to follow the principle of prioritizing the international public environmental interests while taking into account the other interests because protection of environmental interests should be taken as the basic value orientation in shipping decarbonization governance and the principle of collaborating governmental intervention and market mechanisms by reference to the theory on the relationship between government and market in economics. Under the guidance of these principle, by reference to the equilibrium analysis method in economics and following the progressive decision theory in management, this research demonstrates that the main pathways in achieving such balance may include: making strategic plan and basic policy for reducing GHG emissions from ships by the government, implementing economic incentive policies such as tax incentives and fiscal subsidies, implementing ship energy efficiency measures, prudently implementing shipping carbon emissions trading mechanism, accelerating the establishment of alternative marine fuel supply chain, innovating alternative marine fuel technology and ship propulsion technology, and actively engaging in international cooperation.

This study aims to explore the legal examination of stabilization clauses in petroleum contracts in Cameroon. Stabilization clauses forms one of the pillars in protecting the interest of foreign investors in petroleum contractual arrangements. These clauses act as a shield to investors as they protect oil companies from the modification attempts in the agreement by host countries by subsequent legislative changes. Their legal validity in the Cameroonian petroleum industry has been guaranteed by the Petroleum Law of the country. However, the findings of this research reveals that the applicability of these clauses remains questionable as the Cameroonian government can implement nationalization and expropriation based on public utility, security or national interest, with suitable compensation. Furthermore, the Cameroonian government can introduce new legislative or regulatory changes in the petroleum contracts, the terms of which must be agreed by both sides and if an agreement is not reached, the matter can be resolved through arbitration.

In the context of China’s new round of land reform, narrowing the scope of land expropriation, standardising the procedures for land expropriation, and building a unified urban and rural construction land market have become the objectives of land expropriation reform. The new Land Management Law of the People’s Republic of China confirms land expropriation for tract development as a new situation for the land acquisition system. However, in the process of implementing the system, the new land acquisition mode is plagued by the dual dilemma of the falsification of public interests and the lack of a mechanism to realise public interests, which leads to the real risk of misconduct in standards. The concept of the coordination of interests and co-operative governance in “Good Land Governance” is a sure way to overcome this structural risk. The article analyses the causes through the lens of “Good Land Governance” and concludes that the risk of failure of the standards can be addressed through the binary public good remedy: On the one hand, from the perspective of coordination of interests, drawing on the principle of proportionality, the system can be built by improving the way of purposeful examination, so as to achieve the effect of preventing the risk of deflating and generalising public interests in order to achieve the effect of realising and reinforcing public interests. On the other hand, from the perspective of synergistic shared governance and drawing on the logic of land justice, institutional insight can be built by way of establishing a pattern of shared public interest, thus achieving the effect of preventing the risk of public interest erosion in order to achieve the effect of shared public interest replenishment.

Transboundary water management is a complex multidisciplinary thematic, with many of the factors involved to have a distinct tendency of exacerbation due to climate change. At the same time, hydrodiplomacy aims at securing cooperation at transboundary scale and fostering conflicts resolution among riparian countries. The research proposes a Hydrodiplomacy Index (HyDI) that integrates climate change and water diplomacy aspects as a qualitative tool for transboundary river basins’ management under climate change. The latter is considered as the a) volume and nature of climate change-related studies on surface cross-border waters, and b) climate change international agreements ratified by the riparian countries and the corresponding implementation progress. In terms of hydrodiplomacy, the features that are taken into consideration are the a) current ecological and chemical status of the transboundary waters, b) flood vulnerability of boundary areas, c) mankind pressures, d) socio-political tensions, e) bilateral agreements on water management, f) common legal frameworks, and g) outputs of the Sustainable Development Goals index for transboundary water management. The five transboundary river basins that Greece shares with neighbouring countries are the case study area, and the HyDI quantifies in which way climate change consists of a potential key-parameter for the management of transboundary waters.

Telecommunications in European Island Micro-States and Micro-Territories

The production of official statistical and geospatial data is often in the hands of highly specialized public agencies that have traditionally followed their own paths and established their own production frameworks. In this article, we present the main frameworks of these two areas and focus on the possibility and need to achieve a better integration between them through the interoperability of systems, processes, and data. The statistical area is well led and has well-defined frameworks. The geospatial area does not have clear leadership and the large number of standards establish a framework that is not always obvious. On the other hand, the lack of a general and common legal framework is also highlighted. Additionally, three examples are offered: the first is the application of the spatial data quality model to the case of statistical data, the second of the application of the statistical process model to the geospatial case, and the third is the use of linked geospatial and statistical data. These examples demonstrate the possibility of transferring experiences/advances from one area to another. In this way, we emphasize the conceptual proximity of these two areas, highlighting synergies, gaps, and potential integration.

Functional neurological disorder (FND) commonly arises in the context of injury, trauma, or litigation and poses distinctive medicolegal challenges. This review outlines how positive clinical signs and contemporary neurobiological models support FND as a robust diagnosis, while distinguishing it from factitious disorder and malingering. We discuss approaches to assessing authenticity of reported disability, the role and limitations of symptom and performance validity tests, and the pitfalls of equating inconsistency with deception. We then consider causation within common legal frameworks using a predisposing-precipitating-perpetuating model to analyze the contribution of index events, background vulnerabilities, and the litigation process itself. Finally, we summarize current evidence on treatment and prognosis, highlighting the limits of prediction and the need to offer courts transparent, probabilistic opinions on long-term outcome and care needs. Our aim is to support clinicians in providing balanced, clinically grounded expert evidence for patients with FND.

After nearly three years of waiting, the North Gauteng High Court (then the Pretoria High Court) finally handed down judgment in March 2010 in the case of Christian Roberts v Minister of Social Development. The case was a constitutional challenge to section 10 of the Social Assistance Act 13 of 2004 and the relevant Regulations, which set the age for accessing an old age grant at 60 for women and 65 for men. After the hearing the High Court had reserved judgment. Pending judgment the government had amended the legislation in dispute so that the pensionable age for the purposes of accessing a social grant would be equalised over time. Despite the change in legislation, the High Court found against the applicants and punished them with a costs order. Until such time as it is appealed against and overturned, as it stands this decision presents a grave concern to some constitutional law principles relating to mootness and the approach to costs in constitutional litigation between the State and private litigants. Particularly, the decision threatens the hitherto special role played by public interest litigants in vindicating constitutional rights ranging from access to housing and land, to the rights of the child, gay men and lesbian women and freedom of expression, among others. This contribution tackles two issues arising from the judgment of the High Court. The first issue is that of 'mootness', which arises from the government's decision to amend the impugned legislation complained of by the applicant, which effectively knocked the wind out of the applicants' constitutional challenge. The second issue is the decision by the judge to award an adverse costs order against the applicants and the amici. Guided by how the courts in South Africa and abroad have dealt with similar matters in the past, in this contribution the author aims to demonstrate the implications of this decision for constitutional law generally and for public interest litigation in particular. Quite apart from the two issues referred to above as precipitating the present discussion, there is one more reason why a review of this judgment is necessary. A recent discussion with the attorney for the amici on the case has revealed that the prohibitively high costs of taking the matter on appeal to the full bench have discouraged the parties from pursuing this avenue. The losing parties are also hoping that the government will come to its senses and abandon the costs awarded in its favour. This unfortunately has not happened until now. Thus the single judge's erroneous decision remains law for the time being, although it is wrong law. The discussion commences with a brief factual background to the case, followed by a discussion of the important constitutional principle of the doctrine of mootness. This is followed by an outline of the principles relating to costs orders in matters raising an important constitutional issue, and in matters brought in the public interest. The review concludes that the court a quo erred in deciding the merits of the case, and that even when it had decided to pronounce on the merits - as it did - it nonetheless should not have punished the applicants and the amici with the costs thereof. The correct approach was to order that each party pay his or her own costs.

In the context of the globalization process, in this paper, are analyzed the Turkish-Albanian economic relations and their perspective. Since Albania and Turkey are two countries with open economies, with a century old common history, it is interesing to analise the economic relations between them. This becomes even more interesting in terms of the features of their economic development. In the past ten years, Turkey has experienced only high rates of economic growth, achieving seventh place in Europe in GDP indicator and the 15th in the world. Turkey has an economy that was not affected by the financial crisis and global recession. The material analyse two main branches of the Turkish economy: agriculture and industry. Furthermore it is presented the dynamics of some key economic indicators, the dynamics of unemployment, GDP and inflation. Moreover, it is exposed the order of the Turkish economy in relation to the European economy and the world economy, Turkey's relations with the world, etc. Recently, the Albanian economy has marked progress. In the paper are presented some of the main economic indicators of economic areas,focusing on such indicators as: GDP, inflation and unemployment. Also, we have analysed the existing bilateral relations between Turkey and Albania. The analysis is focused mainly on Turkish investments in Albania and export-import relations. Changes in economic structure and ownership, associated with corresponding changes in legislation have created the possibility of a new collaboration. Up to now the relationship between the two countries, despite the historical connection, have been unsatisfactory. This fact is confirmed and emphasized by leaders of the two countries. In the material is also considered the prospect of Turkish-Albanian economic relations. It is presented the vision of Turkish Government in 2013. Albanian economy What offers the Albanian economy to the Turkish economy? Which are the strengths and weekness? What are the problems faced by Turkish businessmen in Albania? DOI: 10.5901/jesr.2014.v4n2p422

This article deals with the problem of assessing the limits of public economic interest in civil legal relations. Analyzes changes in tax legislation and the limits of their "penetration" through public economic interest in Civil Law. A number of author's criteria for evaluating such limits in civil relations are proposed. The solution of the problem under study will allow: first, to determine the limits of the legal influence of public economic interest in contractual legal relations; second, to increase the effectiveness of the Institute for the protection of the rights of business entities in tax legal relations.

The purpose of this article is to provide a comprehensive analysis of the issues related to the qualification of crimes involving the violation of the inviolability of housing under the current criminal legislation of Ukraine. The article offers an in-depth examination of the composition of such crimes, their qualifying features, and specific characteristics using methods of systemic analysis, comparative studies, and empirical research. The authors emphasize the legislative ambiguity in interpreting the term “housing,” which creates numerous challenges in the application of the law. Specifically, the article identifies difficulties in distinguishing this offense from other related crimes, such as hooliganism or abuse of authority. A significant aspect of the study is the exploration of challenges in proving the subjective side of the crime. The work highlights that establishing the perpetrator’s intent often involves complexities that negatively affect the objectivity of judicial proceedings and the final qualification of the act. The analysis of the existing legal framework governing liability for violations of housing inviolability revealed several shortcomings, including the absence of clear definitions of key terms and procedures applicable to such crimes. The article also addresses the need for legislative changes, such as clarifying the concept of “housing,” creating more transparent mechanisms for verifying the legality of official actions, and strengthening liability for abuses of power in this context. The findings of the study underline the urgency of improving legislation to ensure more effective protection of citizens from encroachments on their inviolability. The conclusions include a series of recommendations aimed at reducing errors in law enforcement practices, enhancing the protection of citizens’ rights, and achieving a balance between individual rights and public interests. Notably, the recommendations emphasize the need for unified standards for interpreting key terms and conducting official actions, which would increase legal clarity in this area.

The article deals with the search for ways to combine the efforts of customs and law enforcement agencies in the fight against illegal attempts to move goods, objects or substances across the customs border of a country. The concept and basic principles of law enforcement activities are studied, as well as the criteria for inclusion in such a system. By analyzing the powers of a number ofstate bodies, the author has compiled a list of law enforcement agencies involved in the fight against smuggling. It is emphasized that customs authorities today can be fully attributed to law enforcement agencies. Approaches to understanding the interaction of law enforcement agencies, its principles and directions of implementation are considered in detail. The author critically assesses the absence of a legal act regulating the procedure for interaction of bodies in in the fight against crime. While there is definitely a need for this, although the issues of interaction are locally outlined in special laws on individual state (law enforcement) agencies. It is recognized that modern regulation of issues of interaction between law enforcement agencies, and their list should be updated in the light of the reforms of such bodies, and must necessarily include customs authorities. It is emphasized that the problem of duplication of tasks and functions, chasing indicators and creating the illusion of an active fight against crime, has been relevant for more than two decades. Despite changes in legislation, liquidation or reorganization of previous bodies and the creation of new ones, renewal of personnel and units, the lack of clear delineation of powers of law enforcement agencies, and sometimes of law enforcement agencies, and sometimes dual competence or departmental ambitions, lead to a distortion of the actual picture of the organization of countering smuggling. The author outlines certain risks of interference with the organization and implementation of customs control that arise from a destructive perception of interaction. The institutional capacity of customs authorities as a lever is considered for improving the mechanism of interaction between the State Customs Service and law enforcement agencies. The author substantiates the expediency of including operational units to the list of subjects of operational and investigative activities. The author additionally argues that the prospect of granting customs authorities to conduct pre-trial investigations, and it is proposed to to delimit the powers of the authorities conducting it, for which purpose to determine the jurisdiction of the crime of “Smuggling of goods” for the bodies of the State Customs Service of Ukraine.

The Model Land Development Code was promulgated by the American Law Institute as the paradigm for state legislatures to follow when enacting land use laws for the future. The Code is not intended to create uniformity among state laws. Instead, states may use the articles of the Code as models in drafting legislation that is more specifically suited to their needs. Article Nine, which states rules of standing to participate in land use disputes, poses a potential obstacle to would-be public interest litigants. This note will explore the effect of Article Nine on citizen plaintiffs and demonstrate how its ambiguous language, when combined with the particularized laws of standing in individual states, can produce widely divergent effects on the ability of public interest parties to gain access to the courts.

Recent attempts to commit terrorist attacks provide evidence of the continuing threat to the USA by foreign-born legal immigrants. Recent legislative changes to immigration policies, such as Arizona Immigration Bill 1070, call for increased involvement of local law enforcement. This bill has generated a strong negative reaction from both public special interest groups and police leadership, as those opposed to this type of legislation argue that it will have a detrimental impact on already fragile relationships between local law enforcement and immigrant communities. Other Western democratic countries have utilized alternative models to address their illegal immigration. The authors propose to explore the Netherlands Aliens Police as an alternative model to the Arizona Immigration Bill.