Legal compliance is an important part of certifying the correct behaviour of a business process. To be compliant, organizations might hard-wire regulations into processes, limiting the discretion that workers have when choosing what activities should be executed in a case. Worse, hard-wired compliant processes are difficult to change when laws change, and this occurs very often. This paper proposes a model-driven approach to process compliance and combines a) reference models from laws, and b) business process models. Both reference and process models are expressed in a declarative process language, The Dynamic Condition Response (DCR) graphs. They are subject to testing and verification, allowing law practitioners to check consistency against the intent of the law. Compliance checking is a combination of alignments between events in laws and events in a process model. In this way, a reference model can be used to check different process variants. Moreover, changes in the reference model due to law changes do not necessarily invalidate existing processes, allowing their reuse and adaptation. We exemplify the framework via the alignment of laws and business rules and a real contract change management process, Finally, we show how compliance checking for declarative processes is decidable, and provide a polynomial time approximation that contrasts NP complexity algorithms used in compliance checking for imperative business processes. All-together, this paper presents technical and methodological steps that are being used by legal practitioners in municipal governments in their efforts towards digitalization of work practices in the public sector.
Legal compliance is an important part of certifying the correct behaviour of a business process. To be compliant, organizations might hard-wire regulations into processes, limiting the discretion that workers have when choosing what activities should be executed in a case. Worse, hard-wired compliant processes are difficult to change when laws change, and this occurs very often. This paper proposes a model-driven approach to process compliance and combines a) reference models from laws, and b) business process models. Both reference and process models are expressed in a declarative process language, The Dynamic Condition Response (DCR) graphs. They are subject to testing and verification, allowing law practitioners to check consistency against the intent of the law. Compliance checking is a combination of alignments between events in laws and events in a process model. In this way, a reference model can be used to check different process variants. Moreover, changes in the reference model due to law changes do not necessarily invalidate existing processes, allowing their reuse and adaptation. We exemplify the framework via the alignment of laws and business rules and a real contract change management process, Finally, we show how compliance checking for declarative processes is decidable, and provide a polynomial time approximation that contrasts NP complexity algorithms used in compliance checking for imperative business processes. All-together, this paper presents technical and methodological steps that are being used by legal practitioners in municipal governments in their efforts towards digitalization of work practices in the public sector.
Intended to serve as a readily-accessible reference tool for Indiana judges confronted with issues of public health law. Outlines state public health statutes and regulations and analyzes relevant state and federal caselaw in several topical areas. ; Jurisdiction of public health issues -- Health agencies and boards -- Searches, seizures and other government actions to ensure public health -- Proceedings regarding limitations on individual liberties -- Operation of the courts amid public health threats -- State of emergency -- Model orders -- Appendices -- Index. ; Mark A. Rothstein, Meghan K. Talbott, Amy R. Schofield, Linda L. Chezem. ; Includes index. ; ".A collaborating center of the Public Health Law Program, Centers for Disease Control and Prevention."--pdf cover page. ; "This publication was supported by Cooperative Agreement Number U50/CCU423386 from the Public Health Law Program of the Centers for Disease Control and Prevention (CDC). Its contents are solely the responsibility of the authors and do not necessarily represent the official views of CDC." - p. ii ; Mode of access: World Wide Web as an Acrobat .pdf file (1.28 MB, 197 p.). ; Text ( pdf format: , 937 KB, 198 p.).
The proposed Common European Sales Law (CESL, COM (2011) 635 final) expressly includes an "autonomous" interpretation standard. The interpretation method is included in three places in the instrument: in the Preamble, Recital 29, the Regulation itself, Article 11, and in the actual sales law, Annex I, Article 4. The term autonomous is used in the Preamble and the Annex I. An autonomous interpretation standard is considered desirable in legal scholarship for the application of international instruments, both in private and public international law. The introduction of this standard in CESL could therefore be an important advancement for the theory and practice of international law. In the following, it will be analysed how this interpretation standard can be defined, how it has evolved in the context of existing international law instruments and what the standard is that CESL legislates.
The proposed Common European Sales Law (CESL, COM (2011) 635 final) expressly includes an "autonomous" interpretation standard. The interpretation method is included in three places in the instrument: in the Preamble, Recital 29, the Regulation itself, Article 11, and in the actual sales law, Annex I, Article 4. The term autonomous is used in the Preamble and the Annex I. An autonomous interpretation standard is considered desirable in legal scholarship for the application of international instruments, both in private and public international law. The introduction of this standard in CESL could therefore be an important advancement for the theory and practice of international law. In the following, it will be analysed how this interpretation standard can be defined, how it has evolved in the context of existing international law instruments and what the standard is that CESL legislates.
Leaf bearing corrections inserted at p. 63. ; The appendix: Suggested forms for military passes, etc., as well as for certain military agreements such as armistices, etc. .(27 p.) is also published separately. ; Based on notes of lectures by M. Louis Renault of the Institut de France. ; Mode of access: Internet.
This paper tends to examine the nature of rape crime under Islamic law in order to take sterner action against this crime in line with Islamic law. As the Holy Quran does not directly deal with rape crime, for this reason, there is a wide range of disagreement among jurists regarding the issue of rape crime. Rape is not a single dimension issue, therefore, this paper is meant to shed light on issues related to rape such as whether or not rape is a separate crime? When does sexual intercourse amount to rape? What does Islam prescribe punishment for a person who is coerced to commit rape? Does Islam permit abortion for raped women? Why marital rape does not exist in Islam? Whether rapists may be awarded the punishment of lashes, Imprisonment or death as t'azir or syasah? This paper finds out what Zina (fornication) is under Islamic law because in Islamic jurisprudence only coerced Zina is regarded as rape. Thus, this paper is classifying rape in the same category as Zina. By classifying rape as a subset of Zina can only sort out the juridical issues that are emanating from coerced Zina. However, Some modern scholars put rape in a category of Hirabbah crime in order to circumvent the strict evidentiary procedure of Zina(fornication) crime. This paper depicts that there is no need to put rape in the domain of Hirabah because Islamic law permits the ruler or legislation to award punishment of lashes or death as Tazir or Syasah without waiting for the four pious Muslim male eye witness and inflicting Hadd of Qadaf(slander) to the complainant. Finally, this paper is exploring the options that may be taken in order to nip this crime in the bud.
There is no legislation to regulate international contract commercial in Indonesia. The law that has been regulating such activity still refers to the Indonesian Civil Code ( book III) which it's an inheritance of the Dutch colonial government (the Dutch 1838 Civil Code). Many people said that the law is out of date and it will be a problem and an obstacle to perform international commercial contract in Indonesia (especially contract that involve foreign entities). In accordance with that, there is an opinion that it is urgent for Indonesia to make a new legislation as soon as possible to replace or reform the old code. Even though on the other side, people said that an old code ( book III Civil Code) is still appropriate to regulate performing contracts including international commercial contracts in Indonesia. The research resume that to modernize the Indonesian contract law, it is better to refer to the international contract profiles and rules. The UNIDROIT principles on international commercial contract are maybe the best source for modern Civil Code ( Book III) and UNIDROIT Principles have fundamental principles value like "Freedom of Contract, Consesualism", and so on. It means that some fundamental values in the UNIDROIT Principles are not strange to Indonesian law. ; peer-reviewed
Die staatenzentrierte internationale Ordnung ist im Wandel begriffen und die Bedeutung von Individuen als völkerrechtliche Akteure nimmt beständig zu. Doch in den meisten Völkerrechtsregimes tritt der Staat zwischen Völkerrecht und Individuen und mediatisiert diese. Im Licht der Humanisierung, wie sie durch aktuelle Resouveränisierungstendenzen qualifiziert wird, liegt mit dieser Arbeit eine grundlegende Neubewertung der Zwischenschaltung des Staates zwischen Individuum und Völkerrecht vor. Ziel dieser Arbeit ist es, unter Rückgriff auf Lehren, die aus der hohen Effektivität und Legitimität des, die Mediatisierung großteils überwundenen Internet Governance-Regimes gezogen werden können, das optimale völkerrechtliche Regimedesign für die Zukunft herauszuarbeiten. Die Arbeit untersucht zu diesem Zweck, wie mithilfe der funktionalen Analyse die Mediatisierung von Staaten als Standardlösung in völkerrechtlichen Regimes überwunden werden kann. Am Beispiel von Internet Governance werden die Charakteristika eines ?Post-Interposition? Regimes (multistakeholderbasierte Regulierung, nichttraditionelle normative Instrumente und Durchbrechung der Mediatisierung) aufgezeigt und generalisierbare Einsichten für andere Völkerrechtsregimes gewonnen.Die Arbeit schließt mit der Feststellung, dass eine Völkerrechtsordnung, die Mediatisierung als Standard-Setup für völkerrechtliche Akteurszuweisungen überwindet (dabei aber stets dem funktionalen Test genügt, der kontrolliert, dass das Regime in seiner Gesamtheit das Individuum schützt) zu effektiveren und legitimeren normativen Ergebnissen führen kann. ; The state-centric international order is in flux and the role of the individual as an actor in international law is growing. Yet in most international law regimes, states continue to interposition themselves between individuals and international law and mediate between international law and their citizens. Against the background of the regime-transcending paradigm of humanization as qualified by resovereignization, this thesis revisits the interposition of states between individuals and international law. From the normative success, as measured by legitimacy and effectivity, of the most innovative post-interposition regime, Internet Governance Law, this thesis draws lessons for the optimal design ? with a focus on the position of individuals ? of (existing and emerging) international law regimes. Innovatively, this thesis describes how functional analysis of the interposition of states, can have a transformative effect on the international order. In the case study of International Internet Law, an emerging legal regime without ?entrenchment bias? towards mediation of individuals by states, this thesis elaborates all characteristics of a post-interposition regime, including a commitment to multistakeholderism, non-traditional normative instruments and system-wide disintermediation. The case study of International Internet Law validates transcending interposition in international law because the regime?s normative results are both largely legitimate and broadly effective.A post-interposition international law, as qualified by functionalism, is best able to respond to the regulatory challenges of an international order shaped by humanization as qualified by resovereignization by institutionalizing organically an allocation of roles, rights and responsibilities to states and individuals that is likely to lead to more effective and legitimate normative outcomes. ; von Matthias Kettemann ; Abweichender Titel laut Übersetzung der Verfasserin/des Verfassers ; Graz, Univ., Diss., 2012 ; OeBB ; (VLID)222894
Scholars and politicians have always fiercely debated on the role of government in the economy. This has shaped the legal frameworks governing the relationship between markets and governments. A key element of these legal frameworks is the antitrust legislation and the focus of this paper is the most remarkable difference between US and EU: State Aid. It is virtually non existent in the former while explicit policy in the latter. While in Europe it became an important issue in the light of the building of a single European market, it has not been a key issue for US antitrust basically because of historical reasons. More specifically, this discussion paper analyzes the impact on regulation of network industries played by the European Court of Justice (ECJ) with its Altmark decision (July 24th 2003), which defined the conditions so that a compensation for public services is not considered state aid. The analysis address specifically on the fourth condition which applies whenever the undertaking is not chosen in a public procurement: compensation needs to be determined by benchmarking the operations of the public service provider against market determined standards. In the last part of this paper we briefly present a case study on the postal sector, where risks for State Aid legislation infringement are likely to arise if universal service cost burdens are to be compensated through public subsidies. We also present a possible way forward that needs to researched to address this issue.
The authors of the penal code of 1932 modelled their reaction measures on the best contemporary standards. The system of criminal response was based on a double-track model, in German called zwei Spuren, in Italian – doppio binario, in which, along with penalties, there were also preventive measures. This system grew out of certain political and criminal assumptions of the sociological school, expressed most fully in the works of Franz von Liszt. Return in contemporary law, to the wide use of preventive measures, post and pre-penal, forces us to return to the sources and to critically examine the assumptions of the indicated approach, including the idea of an incorrigible criminal who should be isolated, not in relation to what he did, but because of who he is. Tracing the history of regulations, in particular their practical application should be a lesson for modern lawmakers.
The authors of the penal code of 1932 modelled their reaction measures on the best contemporary standards. The system of criminal response was based on a double-track model, in German called zwei Spuren, in Italian – doppio binario, in which, along with penalties, there were also preventive measures. This system grew out of certain political and criminal assumptions of the sociological school, expressed most fully in the works of Franz von Liszt. Return in contemporary law, to the wide use of preventive measures, post and pre-penal, forces us to return to the sources and to critically examine the assumptions of the indicated approach, including the idea of an incorrigible criminal who should be isolated, not in relation to what he did, but because of who he is. Tracing the history of regulations, in particular their practical application should be a lesson for modern lawmakers.
In 1885, Germany and Portugal became neighbours in Africa. The newly founded colony of German Southwest Africa prevented the southwards expansion of the ancient colony of Angola. The border along the Cunene and Kavango Rivers remained under dispute. After the outbreak of World War I in Europe, Portugal's neutrality was questioned in German Southwest Africa, and when a group of German officials waiting near the border of Angola for food transports were shot in the Angolan fortress Naulila, a state of war between both colonies seemed inevitable. German troops launched several military reprisals against fortresses in southern Angola, most significantly against Naulila in December 1914. After their victory at Naulila, the Germans retreated to GSWA. However, African powers, most notably Kwanyama forces led by King Mandume, used the weakness of the defeated Portuguese army to expel the colonial troops from southern Angola. In 1915, a counter-offensive was launched with troops from Portugal that ended with the complete occupation of Kwanyama territories. After the war, a Luso-German arbitration procedure according to the Treaty of Versailles (1919) assessed the damages in Angola and Germany's responsibility to pay reparations. The arbitration award of 1928 that established Germany's responsibility for the violation of international law when attacking Naulila became a landmark case. It still holds relevance for modern international law. The final part of this book analyses the memorial culture that developed in Angola, Namibia, Germany and Portugal around the war in 1914/15.
Human Rights Law is for all without having any kind of discrimination. Human Rights have been given to all being human which can also not be taken away by any act of legislature. The history of human rights law is as old as development & civilization of human but generally it can be said that after the first world war and second world war human rights have been paid attention the most specifically as a result that the term 'Human Rights' has been found in the UNO charter after the Universal Declaration of Human Rights 1948 has been adopted on 10 December, 1948 and in this sequence two international covenants of Human rights as extension of the Universal Declaration of Human Rights 1948 have also been adopted. The time of 02 years 11 months 18 days has been taken for making the Constitution of India. Some provisions of the same have been enforced on 26 November, 1949. It is known as the Law day or Constitution day in India which are as under:394,5,6,7,8,9,60,324,366,367,379,380,388,391,392 and 393 and remaining provisions of the Constitution of India enforced on 26 January, 1950. It is known as the Republic day as per article 394 of Constitution of India. This research paper reveals the human rights law under Constitution of India, the role of Indian Judiciary about human rights law, enforcement, and implementation of human rights law in India, providing remedies & suggestions. Keeping in view of the aforesaid facts, the research paper has been written which is helpful and beneficial for research scholars, students, Professors, teachers, institutions or organizations or establishments, commissions, governments, society and other required persons concerned to conduct research & do the needful as per requirements from time to time.
A thesis submitted to the University of Bedfordshire in partial fulfillment of the requirements for the degree of Doctor of Philosophy ; Dumping is to unfairly sell goods at a lower price (at foreign market) as compared to their normal value at domestic market of the manufacturing country, thus causing material injury to the local industry of the importing country. Other researchers have explored the global (WTO Agreement) and the European Union's (EU) Anti-Dumping law mostly with a commercial perspective. At doctoral level EU-China, EU-Japan and EU-Korea trade relations with reference to the application of protective measures have been studied. This dissertation is, however, the very first aimed to examine the application of EU Anti-Dumping law relating to Pakistan. This is a complete health check of EU-Pakistan trade relations with reference to the application of Anti-dumping duties on Pakistan. This study is a combination of doctrinal research and empirical research, whereby it critically evaluates the Commission's investigation and the judgements of the EU Courts related to Pakistan and thus establish their consistency or inconsistency; it also studies the voting patterns within the Council and the impact of AD duties on Pakistani imports. It is a qualitative exploratory study based upon an inductive approach. Contradictions are found in the calculations of normal value and export price, constructed normal value, the comparison of normal value and export price, the calculation of dumping margin, and the calculation of injury. Suggestions are made as to the extent to which Unions' anti-dumping rules need to be reviewed to moderate their tilt that unequivocally favours Union manufacturers. Moreover, this dissertation identifies many provisions of the basic regulation, which being too vague offers multiple interpretations, which are thus recommended to be amended. In the empirical part of this research the voting style of EU member states for or against the adoption of AD measures against Pakistan has been studied. Thereafter, the content analysis of stated reasons for specific voting styles reveals that the member states vote on the basis of the findings and conclusions of investigation as done by the Commission, thus trade partner loyalty is not the reason for their voting. Furthermore, application of the ADDs is found to be reason of import decline from Pakistan to the EU.
