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An independent legal profession is said to be "the bulwark of a free and democratic society." It is also said that a high measure of independence of mind and action by legal actors is necessary for the maintenance of the rule of law. However, too often, there is the allegation (within the sociological literature in particular) that the legal profession has used the concepts of independence and the rule of law as a shield or cuirass rather than as a sword. The image of lawyers representing unpopular clients fearlessly and advocating on behalf of unpopular causes, so as to uphold legal rights, is replaced with images of lawyers using these self-same concepts to preserve the status quo, favor those with high social status and pursue self-regulation for self-interest rather than for any so-called public interest. It is against this contested terrain that this Article looks at, from a comparative perspective, regulatory efforts in both the United States and South Africa in untraditional and controversial ways to address what these countries perceive as societal failings.

Not Available ; The establishment of National Seeds Corporation (NSC) in 1963 marked the begining of formal seed sector in India and the Indian seed industry has come a long way since then. The seed industry was dominated by the public sector during the first 25 years, ie till 1988. The growth drivers in this period were the ushering of green revolution and special government schemes to increase SRR through programmes like National Seed Project. The liberalisation of seed policy in the form of New Policy on Seed Development (NPSD) 1988 opened the doors for private domestic and multinational seed companies for import of seeds and technologies as well as investment in research and development. The laws and policies thereafter have encouraged private participation, benefitted private seed companies and provided better market access to foreign seed companies. The fact that from 1984 to 1995, around 50-60% of the seed requirement was met by the private sector and in 2010 it was estimated that 80% of turnover in seed business came from private companies establishes the dominance of private seed companies at present. The seed production has quadrupled from 1991 to 2011. The growth was more spectacular in the last decade (2001 to 2011) when seed production tripled with a robust Compound Growth Rate (CAGR) of 15% pa. The growth drivers in this period were the rapid growth of innovations (improved varieties, hybrids and proprietary technologies) and seed markets (especially for Bt cotton, single-cross maize hybrids, hybrid rice, vegetables and few self-pollinated crops), strengthening of IPRs coupled with liberalised seed policies. The future growth drivers of Indian seed industry would be technological breakthroughs to mitigate biotic and abiotic stresses including climate change, favourable regulatory environment for GM crops, government policies to promote investment in seed R&D and infrastructure (both in public and private sector) and providing access to international markets. ; Not Available

Este artículo es el resultado de una investigación dedicada al estudio comparativo de las políticas deportivas en Brasil y España. Su objetivo principal era analizar, comparativamente, la legislación deportiva de ambos países después de la constitucionalización del derecho al deporte. Adoptando los procedimientos de estudios comparativos y la técnica de investigación de análisis de contenido, se estudiaron las leyes infraconstitucionales de Brasil y España que regulan el sector deportivo. Los análisis demuestran: (i) la constitución de una arquitectura híbrida de gestión de políticas deportivas, que combina la acción tutelar del Estado con la autonomía / liberalización del sector privado; (ii) alentar la creación de entidades cuya naturaleza jurídica esté alineada con la perspectiva comercial; (iii) la diversificación de las fuentes de financiamiento para el deporte, especialmente los de altos ingresos, más atractivos para el mercado debido al potencial para impulsar la actividad comercial. ; This article is the result of a comparative study on sports policies in Brazil and Spain. Its main objective was to analyze – comparatively – the sports legislation from both countries after the right to sports entered their Constitutions. By following procedures from comparative studies and content analysis research techniques, we studied Brazil's and Spain's infra-constitutional laws regulating the sports sector. The analyses show: (i) the establishment of a hybrid sports policy management architecture combining tutelary action by the State with autonomy/liberalization of the private sector; (ii) encouragement towards creation of entities whose legal nature is aligned with a business perspective; (iii) diversification of funding sources for sports, especially for high-performance sports, which are more attractive to the market due to their potential to boost commercial activities. ; Este artigo resulta de pesquisa que se dedicou ao estudo comparado das políticas esportivas de Brasil e Espanha. Teve como como objetivo principal analisar – de forma comparativa – a legislação esportiva de ambos os países após a constitucionalização do direito ao esporte. Adotando os procedimentos de estudos comparados e a técnica de pesquisa de análise de conteúdo, foram estudadas as legislações infraconstitucionais de Brasil e Espanha que regulamentam o setor esportivo. As análises demonstram: (i) a constituição de uma arquitetura híbrida de gestão da política esportiva, que combina ação tutelar do Estado com autonomização/liberalização do setor privado; (ii) o estímulo à criação de entidades cuja natureza jurídica alinha-se à perspectiva empresarial; (iii) a diversificação de fontes de financiamento ao esporte, em especial o de alto rendimento, mais atrativo ao mercado devido ao potencial de impulsionar a atividade comercial.

The aim of the article is to determine the legal foundations. The methodological basis of the study is analysis and synthesis, systems approach, genetic and comparative methods. Conclusions: The Byzantine law can be traced to the legislation of Basil I and Leo VI. However, jus gentium (law of nations) did not have sufficient representation in their codes. Therefore, the legal basis of Byzantine foreign policy consisted of customs and traditions that had been formed in diplomatic practice in ancient times.The system of international relations of Byzantium was hierarchical. The legal status of each participant in this system was determined by military power, political potential, tradition and religious identity. The relations between Byzantine and Kievan Rus' can serve as a model of the application of international legal norms, which were based on the treaty of 944, which regulated the legal status of merchants, property rights, mutual military assistance and the use of territories on the coast of the Dnieper River estuary, Beloberezhye and the island of Saint Epherius (Berezan).

The article is devoted to the analysis of the legal support of the Ukrainian land reform from the point of view of its ecological component and realization of the purposes of sustainable development. The ecological aspect of land reform in our state is represented by separate legislative steps of land rehabilitation. In particular, the organizational and legal bases of land melioration have been improved, including the maintenance of field protective forest belts, the legal bases of land division by purpose and territorial planning, etc. The Law on the Circulation of Agricultural Land is aimed at overcoming the moratorium on the alienation of agricultural land. One of its goals is to create conditions for the rational use of land and soil. And this is a prerequisite for their preservation, restoration and improvement, but requires further legal regulation. The paper uses positive foreign experience in land reforms, as well as international and foreign experience in the legal regulation of rational use and protection of land and soil. It is concluded that at the present stage of land reform, the state is trying to restore the efficient use of Ukrainian lands with minimal expenditure of state resources by creating legal, organizational and economic prerequisites, when landowners, land users and local communities, by virtue of their environmental and social legal awareness, legal culture and responsibilities, will be able to restore Ukraine's land potential and achieve sustainable development goals.

[p. 4] ; column 6 ; 2 ¾ col. in. ; "The Illinois House, by a vote of 108 to 4, has referred a bill repealing the Mormon charters to the Judiciary Committee." The charters should never have been granted in the first place, and the responsibility for the recent violence toward the Mormons rests upon the legislatures of Illinois. From the Cincinnati Gazette. Also printed in the (28 Dec 1844).

The phenomenon of domestic violence is on the rise every year and often puts a marriage into divorce. Divorce on the grounds of domestic violence frequently appears in the courtroom of Religious Courts in Indonesia as stipulated in Article 19 letter d PP No. 9 of 1975. It affirms that one party committing cruelty or severe persecution that endangers another party can be the legal reason for divorce. And then what about other Muslim countries? This research is library research with a descriptive-analytical method using a juridical normative approach. It found that domestic violence is accommodated as one of the reasons for divorce in family law in Indonesia, Malaysia (Negeri Sembilan, Persekutuan Pulau Pinang, Selangor dan Johor), and the Maldives. However, there are differences in granting the right for filing a divorce because of domestic violence. Divorce law in Indonesia and Malaysia enables both husband and wife to file for divorce because of domestic violence while Maldives law only enables the wife to do so. Fenomena kekerasan dalam rumah tangga selalu meningkat setiap tahunnya dan seringkali menjadi sebab perceraian. Perceraian karena kekerasan dalam rumah tangga sering muncul di ruang sidang pengadilan agama di Indonesia. Ini sebagaimana diatur dalam Pasal 19 huruf d PP No. 9 Tahun 1975 bahwa salah satu pihak yang melakukan kekejaman atau penganiayaan berat yang membahayakan pihak lain dapat menjadi alasan hukum terjadinya perceraian. Lalu bagaimana dengan di negara-negara Muslim lainnya? Penelitian ini termasuk dalam penelitian pustaka (library research) yang bersifat deskriptif analitis dengan pendekatan normatif yuridis. Dalam penelitian ini diperoleh temuan bahwa kekerasan dalam rumah tangga diakomodir sebagai alasan perceraian dalam hukum keluarga di Indonesia, Malaysia (Negeri sembilan, Persekutuan Pulau Pinang, Selangor dan Johor), maupun Maladewa. Hanya saja, terdapat perbedaan dalam hak mengajukan perceraian karena kekerasan dalam rumah tangga. Hukum perceraian di Indonesia dan Malaysia membolehkan kedua belah pihak untuk mengajukan perceraian karena kekerasan dalam rumah tangga, sementara hukum Maladewa hanya memungkinkan pihak istri.

This article discusses the legal limits that the Autonomous Communities faces when establishing their own environmental taxes, in exercise of their financial autonomy. These limits are, firstly, those contained in national law, which includes the prohibitions drawn from the Constitution, and the restrictions given by the internal regulatory legislation of the Tax Office financing. Secondly, the limits from the Community Law, which is composed by both the original Law, gathered in the Agreements of the European Union, and the Derivatives Law, which corresponds to the normative community provisions issued in policies that foster the jurisprudential doctrine of the Court of Justice of the European Union. ; En este artículo se analizan los límites jurídicos que encuentran las Comunidades Autónomas a la hora de establecer tributos ambientales propios, en ejercicio de su autonomía financiera. Estos límites son, de una parte, aquellos contenidos en el Derecho nacional, que comprende las prohibiciones que se desprenden del Texto Constitucional y las negativas que imparte la legislación interna reguladora de la financiación de la Hacienda autonómica; y, de otra, los límites que imparte el Derecho comunitario, que está compuesto por el Derecho originario, recogido enlos Tratados de la Unión Europea, y por el Derecho derivado, que corresponde a las disposiciones normativas comunitarias expedidas en figura de Directivas y las que comunica la doctrina jurisprudencial del Tribunal de Justicia de la Unión Europea.

AbstractWhereas most research focuses on non‐compliant implementation, we lack understanding of implementers' incentives and abilities to outperform national legislation. This study investigates a largely under‐researched question: to what extent practical implementation exceeds levels of legislative compliance with EU requirements? To explain this phenomenon, we focus on the responsiveness of implementing actors to external (participation in transnational networks) and domestic pressures (national societal attitudes) for compliance with EU requirements and the availability of additional expertise at the implementation stage (bottom‐up). Moreover, implementing actors are unlikely to respond in the same way to different types of national legislative problems (top‐down). The findings suggest that implementers often outperform the transposition of EU laws. Practical outperformance depends on the level of societal support for external policies and is a response to incomplete or ambiguous domestic formal rules.

The new international legal regime of liability and compensation for oil pollution damage under the 1992 Conventions mainly consists of one definition, two tiers of compensation scheme and three principles. Firstly, one definition—pollution damage. This definition is the basis of criteria of determining the admissibility of claims under both CLC and Fund Convention. Secondly, two tiers: the shipowners' liability under CLC and the supplementary IOPC Fund. Strict liability, higher liability limits and compulsory insurance form the basic principles of the regime. Recent developments in pollution compensation systems have two-sided effects on the new regime. On one hand, termination of the voluntary industry compensation schemes and compulsory denunciation of the 1969 and 1971 Conventions have strengthened and promoted the uniformity and universality of the new regime. On the other hand, the adoption and implementation of the OPA in the US has dramatically eroded the universality of the international regime. While the inconsistency of legislation and practice of some Member States of the CLC and Fund Conventions may have some negative affects on the implementation of the international regime it may also contribute to its gradual improvement. The recent proposal to increase the limits of the maximum compensation amounts available under the 1992 Conventions shows the inadequacy in the new regime and the necessity for improvement. The HNS Convention is a succession and development of the pollution liability and compensation regime. Its successful implementation in the future may have a reaction effect on the oil pollution regime and promote its further development. Although the new regime has played an important role in marine environmental protection it has some deficiencies and needs to be improved. From a long-term point of view, improvement or reform of the regime should be emphasized on the following major aspects: to reform the contribution and compensation system of the Fund with a view to re-apportioning various interests involved; to revise the definition of pollution damage in the 1992 Conventions in order to re-define the scope and criteria of compensation; to use successful experiences of pollution liability and compensation systems for reference in the reform of the oil pollution regime; to create a third tier of compensation scheme to supplement the existing international system.

An individual&rsquo ; s location data is very sensitive geoinformation. While its disclosure is necessary, e.g., to provide location-based services (LBS), it also facilitates deep insights into the lives of LBS users as well as various attacks on these users. Location privacy threats can be mitigated through privacy regulations such as the General Data Protection Regulation (GDPR), which was introduced recently and harmonises data privacy laws across Europe. While the GDPR is meant to protect users&rsquo ; privacy, the main problem is that it does not provide explicit guidelines for designers and developers about how to build systems that comply with it. In order to bridge this gap, we systematically analysed the legal text, carried out expert interviews, and ran a nine-week-long take-home study with four developers. We particularly focused on user-facing issues, as these have received little attention compared to technical issues. Our main contributions are a list of aspects from the legal text of the GDPR that can be tackled at the user interface level and a set of guidelines on how to realise this. Our results can help service providers, designers and developers of applications dealing with location information from human users to comply with the GDPR.