Further Developing the Judicial System Utilizing Cloud, VOIP, and Videoconferencing

This analysis tests whether the quantitative requirements of the law (Basel and Committee of European Securities Regulators) regarding the Value at Risk (VaR) framework may lead to inaccurate and procyclical VaR estimations. We apply two of the most popular VaR models, the Historical (HVaR) and the Exponential Weighted Moving Average (EWMA VaR) models, to a wide sample of 13 European Indices during the period 2002-2019. The empirical evidence confirms our assumptions that the legal framework in many cases leads to inaccurate and procyclical VaR estimations. Moreover, we show that the limitation on the required data inputs does not really contribute to a more stable financial environment. Further, we show that the current framework does not examine the procyclicality issue. The evidence in this study shows that the current legal framework needs some reforms: (a) the guideline on the minimum number of data inputs for the VaR estimations should be removed, taking provided that the accuracy of the applied VaR model is often evaluated, and (b) the current backtesting procedure does not examine whether VaR estimations are representative of the financial conditions. An additional backtesting procedure at a lower that the 99% confidence level could resolve this issue.

The outbreak and the rapid spread of global COVID-19 pandemic have put significant strains on the institutions. The need to adapt to “new normal” and contain the rapid spread of disease, while maintaining a functional society, resulted with introduction of numerous new legal mechanisms and adaptation of the existing ones. However, it seems that one area of law remains on the fringes: the regulation of wills. Even before the start of the pandemic many authors often pointed to the fact that the current legal framework does not follow modern technological developments, but no significant attempts were made to overhaul the inheritance law. Also, once the pandemic started in its full, there were no references to introduction of extraordinary mechanisms or new legal solutions to overcome the potential difficulties in forming wills. Comparative analysis yielded no better results: although some countries (such as Austria) recently completely overhauled their regulation of inheritance law, it seems that no attempts were made to introduce new types of wills or new methods of drafting wills into their regulations. Furthermore, following the spread of the pandemic, increasing number of potential testators find themselves unable to use traditional methods of drafting wills as they, or the authorized persons tasked with assistance and creation of wills, remain isolated from one another due to various reasons (lock-downs, isolation in case of experiencing symptoms, etc.). Having in mind these circumstances, it is necessary to ascertain whether there is a genuine need to introduce new types of wills into existing legal framework, or to adapt the current legal framework by facilitating the communication between citizens and the institutions. Also, it is necessary to analyze whether the interpretation of the existing legal framework enables the introduction of certain facilitating mechanisms. In order to reach these goals and clarify the possibilities within the current legal framework, interpretative and comparative method are used.

This article examines the demand for additional legal instruments to ensure operational secrecy in law enforcement agencies. It identifies certain inconsistencies and gaps in the current regulatory framework, calling for improvements to consolidate both public and intra-departmental instruments into a unified legal framework. The study aims to confirm the hypothesis that enhancing the legal provisions governing operational secrecy will contribute to the effectiveness of law enforcement operations.The research employs a comprehensive analysis of existing laws, regulations, and practices related to operational activities. It explores the concept of operational secrecy and highlights the need for a coherent understanding of this legal category. Furthermore, it emphasizes the significance of confidentiality in operational activities and the associated challenges of regulating specific methods and techniques, considering their unique and dynamic nature.The findings reveal two key directions for the further development of operational secrecy instruments. Firstly, the article argues that publicly disclosing detailed information regarding the essence, specific instruments, and methods employed in operational activities would be counterproductive and undermine operational effectiveness. However, it also recognizes the necessity of harmonizing the understanding and application of operational secrecy by providing a clear legal definition within the legislation governing operational and investigative activities. Therefore, it proposes amending the relevant provisions of the Law “On Operational and Investigative Activities” to encompass a comprehensive legal framework for operational secrecy.Secondly, the research highlights that information regarding overt operational and investigative measures and their contents may indirectly or directly expose the interests of law enforcement agencies, reveal their tactics for gathering information, and compromise the effectiveness of their efforts to detect, prevent, and deter criminal activities and threats to national security. While administrative liability currently applies to breaches of emerging “operational secrecy”, violations of the “secrecy of investigation” fall under criminal liability, including imprisonment. Moreover, in certain cases, criminal liability exists for breaches of information protection rules even in the civil domain. Consequently, the article suggests exploring the balance between the level of responsibility and the potential damage caused to societal interests when imposing liability for breaches of operational secrecy.To address the identified challenges, one potential solution could be the codification of operational and investigative norms. Such an approach would not only provide a systematic and structured presentation of laws governing operational activities but also facilitate logical and consistent links between the discussed legal framework and related branches of law.In conclusion, this study underscores the importance of additional legal instruments to safeguard operational secrecy in law enforcement agencies. It calls for improvements in the current legal framework, emphasizing the need for a unified and comprehensive legal approach. By confirming the research hypothesis, this article provides valuable insights into enhancing operational secrecy and its implications for the effectiveness of law enforcement operations.

The Lawyer Code of 1878 marks a caesura in the history of German attorneys between a period of a “professionalization from above” by the state and the modern era of the so-called open bar. Before the Rechtsanwaltsordmmg (Lawyer Code, RAO), individual German states treated those who represented clients in court and provided legal assistance and advice as a kind of public office. After 1878, the bar exhibited more clearly the characteristics of an autonomous profession.

The purpose of the research is to examine what constitutes professionalism amongst Thai legal practitioners and consultants. By use of simple random-sampling, the 332 legal professionals were surveyed by use of a 72-item, 7-level Likert type agreement scale questionnaire on the study’s four constructs. A confirmatory factor analysis was run prior to the structural equation model, with analysis of the data undertaken by use of LISREL 9.10 software. The results showed that ethics was viewed as the most important aspect by Thai legal professionals (x̄ = 5.71), which was only slightly ahead of the legal consultant’s experience (x̄ = 5.64). Opposite to this however, the legal consultants’ themselves felt that client satisfaction (x̄ = 4.95), and quick solutions (x̄ = 4.84), had minimal importance. Overall results also showed that the latent variable of communications skills (0.67) was most important, followed by competency (0.33), and knowledge management (0.17).

The rapid growth of Shariah banking in Indonesia has prompted significant regulatory developments to align financial practices with Islamic principles. However, the legal framework governing Shariah banking remains complex, raising questions about its effectiveness in fostering financial regulation and market development. This study examines the legal structure of Shariah banking in Indonesia, focusing on its implications for financial regulation and its role in promoting sustainable market growth. The research aims to identify gaps in the current legal framework and propose recommendations for enhancing regulatory coherence and market competitiveness. Using a qualitative approach, this study analyzes legal documents, regulatory policies, and secondary data from authoritative sources, complemented by interviews with key stakeholders in the Shariah banking sector. The findings reveal that while Indonesia has established a comprehensive legal framework for Shariah banking, challenges such as regulatory fragmentation, limited enforcement mechanisms, and insufficient integration with global Shariah standards persist. These issues hinder the sector's potential to contribute fully to financial inclusion and economic development. The study concludes that strengthening the legal framework through harmonized regulations, enhanced enforcement, and greater alignment with international Shariah standards is crucial for the sustainable growth of Shariah banking in Indonesia. This research contributes to the discourse on Islamic finance by providing insights into the interplay between legal frameworks, financial regulation, and market development in emerging economies.

Although international trade and climate change regimes are two different fields of international law, they are closely interrelated. In particular, certain domestic environmental policies adopted by States may run afoul of WTO law, thereby having adverse effects on free trade. It has been claimed by critics that non-discrimination principles and subsidies regulations of WTO law constrain its Members’ ability to take certain unilateral actions aimed at climate change mitigation. According to other commentators, despite the existence of potential conflicts between UNFCCC and WTO regime, there are still synergies which can be developed to bring a greater coherence, and WTO’s multilateral framework can serve as a vehicle to facilitate targets of the Paris Agreement. This paper argues that although sustainable development is recognized by WTO regime and it leaves some scope for climate change actions, its current legal framework does not provide sufficient space for member’s regulatory autonomy in order to take national regulatory policiesAlthough international trade and climate change regimes are two different fields of international law, they are closely interrelated. In particular, certain domestic environmental policies adopted by States may run afoul of WTO law, thereby having adverse effects on free trade. It has been claimed by critics that non-discrimination principles and subsidies regulations of WTO law constrain its Members’ ability to take certain unilateral actions aimed at climate change mitigation. According to other commentators, despite the existence of potential conflicts between UNFCCC and WTO regime, there are still synergies which can be developed to bring a greater coherence, and WTO’s multilateral framework can serve as a vehicle to facilitate targets of the Paris Agreement. This paper argues that although sustainable development is recognized by WTO regime and it leaves some scope for climate change actions, its current legal framework does not provide sufficient space for member’s regulatory autonomy in order to take national regulatory policies

Transracial adoption was legalized in South Africa through legislative reform as South Africa moved into a post‐apartheid era of non‐racialism. Transracial adoption offers one option of placement for Black children in need of alternative care. However, adoption continues to face obstacles to implementation, including cultural obstacles which impact on placement of Black African children. This paper reports on adoption statistics on national adoption in the period 2013–2021 and a documentary analysis of the current legal and policy framework governing transracial adoption. We cover international instruments, local laws, including the Children's Act of 2005, and relevant policy documents designed to facilitate the implementation of adoption. We show that the law is supportive of transracial adoption, but that policy documents offer a somewhat contradictory stance to the practice. The lack of success of transracial adoption as a child protection strategy does not lie within the legal framework but may lie in the difficulties in interpreting and implementing the range of different policies by those implementing these policies. More research into the implementation practice of these bureaucrats is required to understand the underutilization of transracial adoption as a placement option for Black children in South Africa.

Large Scale Biomethane Injection into the Grid: Is Current Legal Framework an Enabler or an Obstacle?

Purpose This paper aims to thoroughly examine the extent to which the current legal and regulatory framework is inclusive towards Islamic banking and finance (IBF) practices in the attempts to introduce IBF as a significant component in the Mozambique’s financial system. This is achieved by providing a critical review on the Mozambican current legal and regulatory framework including the court and arbitration system, as well as the country’s financial institutions law and regulations. Design/methodology/approach The methodology used in this study is the qualitative approach. The analysis made is based on descriptive and analytical approach whereby the study examined and critically analysed the banking regulations in Mozambique with the purpose of finding the legal gap in the existing legal and regulatory framework that allows the introduction of IBF in the country. Findings This study finds that whilst some legal provisions in the current legal and regulatory framework are conflicting with the Sharï’ah principles such as the definition of loans and the concept of interest, there is also a certain number of enabling features that can be immediately explored, including deposits (with no interest), leasing operations, investment funds or venture capital. Research limitations/implications At present, to the best of the authors’ knowledge, this is the first attempt ever made to assess the compatibility of the existing Mozambican commercial laws with the Islamic principles hence identifying the challenges that might arise due to the implementation of IBF practices in Mozambique. Practical implications This paper has several practical implications in the sense that it helps the financial market authorities in Mozambique to be able to foresee possible inclusion of provisions on Islamic transactions in the country’s existing financial regulations. Social implications The contributions of this paper lie in the valuable recommendations made on the insertion of Islamic principles in the current regulatory framework as well as assisting in overcoming some of the conflicting aspects in medium to long term. Mozambique should explore and benefit from the experience and lessons learned by the neighbouring countries that have successfully adopted the IBF practice. It is recommended that the Central Bank should establish a “task force team”, comprising of multi-skilled professionals and experts in Islamic finance from various internal areas ranging from licensing to supervision together with Sharï’ah scholars and representatives from the Muslim Community, to study the required process for adoption of IBF in the country. Originality/value There is no other study on IBF in Mozambique, particularly on legal and regulatory aspects.

Much has already been written on this most recent EVD outbreak—evaluating and dissecting the contributions and failings of the various role-players involved, and considering what can be done differently in future. This article will contribute to this important and ongoing debate and will specifically focus on the international, operational, and national legal frameworks in terms of which large-scale health crises like that of Ebola play out. It will be argued that the very culture and architecture of this transnational legal and operational framework for public health emergencies is isolated from the national realities in which it operates and merely offers a hierarchical authority of what legally ought to be done, with little regard to what is actually necessary and possible on the ground. In considering the most recent Ebola outbreak, and juxtaposing it with the Severe Acute Respiratory Syndrome (“SARS”) outbreak of 2003, it will be shown that a more nuanced transnational legal understanding of public health emergencies is indeed needed—a holistic approach that goes beyond biomedical/scientific and legalistic confines in dealing with disease outbreak and control. It is again important to emphasise here, for the sake of clarity, that this article is exclusively focused on the transnational legal and operational framework in which public health emergencies play out. International humanitarian responses, general public health considerations, as well as other national systemic considerations—like those relating to health systems—although important, will not be considered here. A brief interlude on the methodology of this article also deserves a place here. As already indicated above, much literature exists on the Ebola outbreak, and with the attention now shifting to the Zika virus, it is important to further distinguish the contribution of this article. This article utilises a primarily transdisciplinary lens in narrating the rise and fall of two notable epidemics of the modern world. A variety of sources, from different disciplines and bases, are used in presenting an easily accessible text that recounts key themes of both epidemics—highlighting similarities and differences, and raising important questions for the future. As with most narrative research methodologies, reliance is also placed on newspaper articles in constructing an account of how the two epidemics played out, each in its own particular time and space. The disease narrative ultimately presented in this article, therefore simultaneously serve as a chronicle of the two epidemics, while also reflecting why a more nuanced transnational legal understanding of public health emergencies is indeed needed. To facilitate this discussion and analysis, the content of this article is divided into four parts. First, in Part II, the lifecycle of two epidemics will be considered, Ebola, and the 2003 SARS outbreak. Considering these two outbreaks and the international legal responses thereto provides a valuable lens through which the multiple layers of disease outbreaks and control from the past to the present can be observed. In Part III, this paper provides an overview of the international legal and operational framework for public health emergencies, confined to references and examples from the two outbreaks selected for and discussed in Part II. Part IV considers the national legal responses of those countries most affected by the recent Ebola outbreak and the 2003 SARS outbreak. Part V discusses the question of whether to quarantine or not. Part VI discusses lessons to be learned, and why knowledge production beyond disciplinary confines is necessary. And finally, Part VII of this article concludes with a critical analysis of two observed failings of the current international legal and operational framework for public health emergencies. In considering the shortcomings of the current framework it will be argued that a more holistic approach to disease control is required that looks beyond disciplinary confines.

EU investment in China has increased dramatically since the early 1990s and is poised to increase further in light of Chinas recent accession to the World Trade Organisation. This book explores and critically appraises the existing legal framework governing EU-China investment relations,particularly EU investment in China. The current legal framework is composed of Chinese law, EU law and applicable international law, but the Chinese law is unsystematic and hard to discover and the EU has acquired only shared external investment competence which is vaguely defined. The applicable international treaties are incomplete, incoherent, or either too general or too specialised. Besides this, the international fora to settle investment disputes are still not readily available. Furthermore while law has played a very important role in decision-making by EU investors, the Chinese legal system is generally perceived as ineffective and lacking in effective enforcement of court and arbitration decisions. What the book demonstrates is that the time is ripe for a new international legal framework for foreign investment in China, and that as EU-China economic and political relations continue to improve, construction of such a framework is not only necessary, but also possible.

Personalized health predictions are developing rapidly across a wide range of diseases, challenging the existing legal frameworks for life and disability insurance. These frameworks were originally developed with a focus on presymptomatic genetic testing for severe monogenic diseases such as Huntington's disease. The rapid expansion of personalized medicine raises questions about whether existing legal frameworks remain adequate. This paper examines the underlying ethical values of current legal frameworks that rely on financial thresholds to balance stakeholders' interests and explores how the growing availability of personalized predictions may give rise to ethical tensions. We argue that it is important to find a renewed balance between stakeholders' interests, to evaluate whether the concept of genetic exceptionalism is still meaningful in light of personalized predictions, and to consider how legislation can be reformulated to encompass personalized predictions and ensure solidarity. Furthermore, the potential for inaccuracies and misinterpretation of personalized predictions should be addressed. Our analysis highlights several ethical tensions that current legal frameworks may not be well equipped to address as personalized prediction technologies evolve. We therefore conclude that re-evaluating the legal frameworks underpinning life and disability insurance underwriting is both timely and necessary.

As a globally significant marine ecosystem, the South China Sea faces multiple challenges including overfishing, ecological degradation, and geopolitical conflicts. To balance ecological conservation with resource development needs, establishing a South China Sea National Marine Park has emerged as a critical strategy. This paper employs literature analysis, comparative research, and policy evaluation methods to investigate legal governance frameworks for the marine park. The study reveals that China’s current marine conservation legal framework faces challenges such as fragmented legislation, weak enforcement mechanisms, and inadequate integration between international and domestic laws, which hinder cross-border ecological cooperation. To address these issues, the paper proposes enhancing specialized domestic legislation, optimizing enforcement and supervision systems, and promoting regional marine conservation agreements to establish a legal framework tailored to the South China Sea’s unique characteristics. The research also demonstrates that legal development for the marine park must reconcile ecological integrity with geopolitical realities, fostering regional cooperation and trust through legal innovation. This study offers a feasible legal pathway for ecological governance in disputed waters while laying the foundation for sustainable blue economy development.

Reviews 87 Dong Shizhong, Danian Zhang, and Milton R. Larson. Trade andInvestment Opportunities in China: The Current Commercial and Legal Framework Westport and London: Quorum Books, 1992. xii, 265 pp. Hardcover $55.00. Like moths to a flame, foreign business people continue to be lured by the booming Chinese economy and its growing legions ofconsumers. Yet, the Tiananmen Incident singed the wings ofmany Westerners. To dispel any lingering doubts, the three authors have written a basic "how-to" guide, which Ambassador James Lilley appropriately describes in his Foreword as "a businessman's book." Lawyers also might be interested in the views of the two Chinese authors, who were legal researchers attached to the National People's Congress in Beijing and the Shanghai People's Congress. Unfortunately, academics will be disappointed by the lack ofin-depth analysis and new insights into China's foreign-trade system. One ofthe authors' stated purposes is to provide a "practical" guide for those businesspeople enticed by the China market. They succinctly describe the basic characteristics of the Chinese economic scene, including a discussion of the different forms ofChinese enterprises, the managerial responsibility system, and problems of material distribution. They also present a thumbnail sketch of the financial system, glance quickly at China's roller-coasting stock market, and ponder China's accession to the General Agreement on Tariffs and Trade (GATT). The book is especially strong in providing practical tips for establishing foreign -invested enterprises in China. Business people are reminded of the importance of finding the "right" Chinese partner, especially one who possesses the appropriate political, economic, and technological abilities. After briefly analyzing project approval procedures, the authors review various joint-venture laws regulating initial capitalization, foreign exchange balancing, land-use rights, and taxation . A more scholarly treatment on foreign-secured lending is included, based on a 1989 article published by the journal Law and Contemporary Problems. Potential investors furthermore are warned of dangers posed by the international environment such as the growing Chinese trade surplus and the renewal of most-favorednation (MFN) status with the U.S., as well as China's failure to protect intellectual property and its continued dumping on foreign markets. Two of their suggestions need further clarification. The authors recommend that foreign investors obtain local foreign-investment guidelines, which are based on Beijing's internal-investment regulations and policies. To their credit, the au-© 1995 by University ,J1015 cite as an exampie me 1990 Shanghai Investment Guidelines that prohibit oj awai ? ressforeign-invested projects harmful to the natural and "spiritual" environments. The latter category was especially sensitive in the early post-Tiananmen period. 88 China Review International: Vol. 2, No. 1, Spring 1995 The leadership was attempting to prohibit projects "involving news media, publishing , broadcasting and telecasting, telecommunications, foreign trade, domestic business, insurance, or projects that will have an adverse impact on national security . . . [the] national economy and social development" (p. 150). Yet, because the book is virtually devoid ofpolitical risk analysis, the political context of the investment prohibitions is not explained. With the increasing degree ofdecentralization , local governments now enjoy a greater flexibility (tanxing) when implementing State regulations. By investing in Star TV, CNN-Asia, HBO-Asia, and MTV, Western media moguls already have taken advantage of the lax enforcement of satellite receiver restrictions to add to China's "spiritual pollution." However, Chinese flexibility has its limits, as Rupert Murdoch understood when he eliminated BBC news programming from Star TV. To be successful in the China trade, Westerners must conduct themselves in a "politically correct" fashion. Their second suggestion is for potential investors to "sensitize" themselves to Chinese society and culture. The authors warn about the problems of Chinese bureaucracy and wisely advise the befriending of senior Beijing officials, who can expedite local negotiations (p. 201). They also describe the Chinese as extremely sensitive to the appearance of foreign exploitation, which motivates them to seek "equality" in all business ventures. The authors thus argue that any successful negotiation will be based on an understanding and toleration ofcultural differences. While the authors should be congratulated for including a discussion of Chinese negotiation behavior, their arguments would have been strengthened with the inclusion of Lucian Pye's works on political...