International Journal of Law in Changing World

EUROPEAN PRIVATE INTERNATIONAL LAW AND NATIONAL CIVIL CODES

2023-08-01T04:59:11-03:00

Objective: The objective of this work is to emphasize the role of global law in the current legal reality and the importance of autonomy of the will in regulating international legal relationships.

Methods: The study starts from the existence of a legally fragmented world and the differentiation of three levels of regulation of legal relationships with a foreign element. One block of universal regulation, consisting of international treaties and rules of uniform law, another regional level based on the existence of regional integration organizations with their own regulations, and finally a diminishing state level, formed by national legal systems.

Results: Whether in a phase of globalization or post-globalization, the juridical reality of international trade and legal relations, in general, undergo significant changes that are worth analyzing. The perspective of global law allows us to contemplate this juridical reality from an eminently practical standpoint, which places the autonomy of will as the protagonist of the legal framework for international contracting, and points to an increasingly significant role in the field of personal and family legal relations.

Scientific novelty: Emphasize the role that autonomy of the will plays in the regulation of legal relationships with a foreign element and the diminishing relevance of the state legislator in the current globalized world.

Practical significance: Regulation of cross-border legal relationship, both commercial and personal and family, in a globalized world like the present.

EMPLOYMENT IMPLICATIONS FOR NATURALIZED SOUTH AFRICAN CITIZENS

2023-08-15T13:07:01-03:00

ABSTRACT

This article investigates the employment implications for individuals who acquired South African citizenship through naturalization after 27 April 1994, marking the end of apartheid and heralding the post-apartheid era. The study aims to provide insights into the challenges and opportunities faced by these citizens in the labour market, considering the historical context. Key barriers, including discrimination, skills recognition, and social integration, which may hinder their job prospects, are thoroughly examined, as well as potential advantages, such as language proficiency and cultural adaptability. Employing a qualitative research and historic approach, the study conducts in-depth investigations with naturalized citizens to gain first-hand insights into their experiences and challenges when seeking suitable employment opportunities. The findings of this study reveal the enduring presence of discrimination and difficulties in skills recognition and social integration for naturalized citizens in the labour market. However, the research also highlights significant advantages stemming from their language proficiency and cultural adaptability, which can positively influence their job performance and overall workplace dynamics. Based on the research results, the study emphasizes the critical importance of promoting inclusivity and equity within the workforce to fully harness the potential of all citizens, regardless of their citizenship origins. Policymakers, employers, and stakeholders can draw valuable insights from this research to design and implement targeted policies and initiatives aimed at fostering a more inclusive and equitable work environment. By dismantling barriers and providing equal opportunities, South Africa can ensure that all citizens actively contribute to and benefit from the nation’s progress, thus contributing to a stronger and more cohesive society as a whole.

THE HUMAN RIGHT TO SAFE DRINKING WATER

2023-07-04T20:49:20-03:00

The right to water expresses one of the basic rights enjoyed by the human beings, as it is called for by international conventions and the international community and countries seek to secure it and ensure its provision to individuals and impose it at the international and regional levels, as Arab countries are not immune from ensuring water security for their individuals, and for this reason, they had to unite their initiatives in light of the current challenges and work side by side to recognize this right through their accession to the 1992 Water Convention and work to adopt regional agreements that unify the congruence of views, In ensuring common Arab water security.

THE RIGHT TO EXPLANATION IN THE PROCESSING OF PERSONAL DATA WITH THE USE OF AI SYSTEMS

2023-07-12T09:10:30-03:00

Transparency is one of the basic principles enshrined in the General Data Protection Regulation (GDRP). Achieving transparency in automated decision-making processing especially when artificial intelligence (AI) is involved is a challenging task on many aspects. The opaqueness of AI systems that usually is referred as the “black-box” phenomenon is the main problem in having explainable and accountable AI. Computer scientists are working on explainable AI (XAI) technics in order to make AI more trustworthy. On the same vein, thus from a different perspective, the European legislator provides in the GDPR with a right to information when automated decision-making processing takes place. The data subject has the right to be informed on the logic involved and to challenge the automated decision-making. GDPR introduces, therefore, a sui generis right to explanation in automated decision-making process. Under this light, the paper analyzes the legal basis of this right and the technical barriers involved.

ARTIFICIAL INTELLIGENCE AND ITS ROLE IN THE DEVELOPMENT OF THE FUTURE OF ARBITRATION

2023-07-19T19:37:48-03:00

AI has proven to be a powerful tool in various fields, and its integration into arbitration is highly anticipated due to its potential to improve efficiency, accuracy, and objectivity. This paper will analyze how AI can help streamline arbitration, reduce costs, ensure faster dispute resolution, and improve accessibility. By using machine learning algorithms and natural language processing techniques, AI systems can analyze large volumes of legal text, extract relevant information, recognize patterns, and predict case outcomes. In addition, AI-driven chatbots could provide users with instant support and assistance in navigating the complex arbitration process. However, ethical considerations such as privacy and bias must be taken into account to ensure that AI does not compromise fairness or jeopardize confidentiality in arbitration proceedings. The article concludes with an examination of the transformative impact that artificial intelligence will have on the future of arbitration and emphasizes the need for continued research and collaboration to realize its full potential while preserving the integrity of arbitration practice.

ARTIFICIAL INTELLIGENCE AND NATIONAL SECURITY

2023-08-02T04:30:26-03:00

It has been more than sixty years since the concept of Artificial Intelligence (AI) took its initial form. Since then there have been several discussions and debates on AI and its future as the focal point. Today, decades down the line; AI is standing at the door highlighting a paradigm shift of its own. The entire trajectory can also be seen because of an optimistic approach towards the future of technologies that carved the recent times, which we are living in. It can be inferred that the day has come when AI has started operating almost all facets of human life. Such a change possesses drastic potential when the perspective of the global south comes into picture. Apart from mundane activities of humankind, another pertinent aspect of contemporary society is that of national security. Every country of the global south is quite proactive when it comes to strengthening its internal security and countries try to ward off hurdles and mitigate them largely through every possible way. Furthermore, in light of the development and increase in the usage of AI, it is worth pondering on the future of AI in the domain of national security with perspective of the entire domain of the global south. Indeed every concerned government entities like the military of such nations are focusing more on AI based technologies with an objective to enhance their overall capabilities. For instance, the facets of surveillance, cyber security, and venturing towards autonomous equipment are some key areas where nations are focusing on and AI has seen an appropriate enabler towards such cause. Through this review paper, an analytical discussion has been made towards the fact that how the postulate of AI can be used to analyze large stock of data, evaluate the connected patterns, and detect potential security threats. This paper narrows down the discussion to the perspective of the global southern part of the world and analyses the entire situation of AI and its prospective future in the realm of cyber security and national security of the connected nations. The discussion also considered the existence of several concerns with regard to the congruence of AI and national security. By reviewing various existing literature, it projects a discussion and analyzes various pertinent aspect connected to this domain. Eventually, it makes an attempt to put forward suggestions to the question at hand as to whether AI in national security can be seen as a facilitator that can help in strengthening the nation’s internal security or are we overlooking a hurdle that it may entail and is still a far sighted dream.

THE DOCTRINE OF BENEFICIAL OWNERSHIP IN RUSSIAN LAW

2023-11-27T03:49:45-03:00

The article deals with the problems of differentiation of the spheres of application of doctrine, the piercing corporate veils and the doctrine of beneficial ownership. Both of these doctrines are used to challenge corporate decisions. Challenging is possible if a person exercising corporate control has abused them, or has lost the reality of its course. The article proposes solution of the problem when persons controlling a legal entity, thus structuring contractual relations, so as not to lose control over the company and in cases of introduction of bankruptcy procedures, and transfer of management by its creditor. The doctrine of beneficial ownership is applicable where the following conditions are met: the beneficiary makes a full disclosure of corporate information and details of the business structure; the complexity of the business structure is immaterial; the beneficiary has proved that he exercised corporate control over the company whose decision or transaction he is contesting, but has lost this control as a result of wrongdoing; the contested resolution of the company's general meeting is void (voidable); the beneficiary has acted in good faith; the beneficiary has motivation due to fear of financial losses, which he is certain to suffer unless the transaction or decision is contested; the doctrine is applied by way of exception.

THE RIGHT TO DEVELOPMENT

2023-12-04T12:04:46-03:00

This article analyses one of the relatively new human rights - the right to development. The authors conclude that implementing and applying this right in international law is necessary to further develop society and social relations. The article also identifies the problems of understanding human rights in civilisations, which results from different historical, social, economic and political developments. The article shows regional unions' understanding of human rights in this regard. Developing countries' defence of this right to development. It also analyses the idea of the President of the People's Republic of China, "Brighter Shared Future for the International Community" for a new world order, which has become a key idea for the BRICS countries.

The article analyses the BRICS countries' understanding of the right to development through the prism of this political entity's internal structure, declarations, and official legal documents.

Introduction to the Second Issue of 2023

2023-12-09T05:20:02-03:00

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