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Abstract
The main focus of this paper is the meaning of the term “theory” in comparative law. It examines the comparative law theory literature and conducts an in-depth analysis of a sample of articles from two journals (ajcl and ejclg). Theory is considered very important in legal scholarship. ajcl articles are usually more “theory-thick” than their European counterparts. Nevertheless, the majority of European literature also places a strong emphasis on theory-related language. Yet, it is often unclear why authors used these words or what they contributed to the paragraph, section, or research objective. None of the articles reviewed discussed or acknowledged the polysemous nature of theory. This lack of clarity and transparency may hinder the progress of comparative law scholarship.
Abstract
The General Assembly of the United Nations adopted on 7 December 2022 the ‘United Nations Convention on the International Effects of Judicial Sales of Ships’ known as the ‘Beijing Convention on the Judicial Sales of Ships’. European Union as Regional Economic Integration Organization signed the Convention in New York on 14th March 2024. In recent years the need to have an instrument that establish generally accepted rules on foreign judicial sales of ships and its international recognition has become essential, as there was no domestic or international law on this specific subject. National barriers of a procedural nature between the States left room for legal uncertainty on the amount of sale proceeds that could be achieved for a ship at a judicial sale. In this paper is emphasised how the need for a close harmonisation between the applicable laws has brought to the adoption of the Convention on international recognition of foreign judicial sales of ships in a way which provides clarity and resolves the issues identified to date. This paper includes a comparative overview of selected national frameworks and international instruments on the judicial sale of ships.
Abstract
Whilst Blockchain has usually been associated with Web3 and cryptocurrencies, that is, Decentralized Finance (DeFi), this technology can be used in countless other areas, such as banking, Central Bank Digital Currencies (cbdc s), healthcare, smart contracts, financial services, supply chain management, insurance, Internet of Things (IoTs), video games …, not much has been written about applying Blockchain technology to the traditional, Banking and Finance industry. This article will focus on how blockchain is or can be applied to the Banking industry, by analyzing a few possible use cases and its benefits, and, more importantly, it will also focus on whether it is worth it for the Banking industry to use it or not.
Abstract
This article explores the procedures related to data protection laws in the Gulf Cooperation Council States (gcc) and the European Union (EU) regarding the General Data Protection Regulation (gdpr). It draws conclusions about the rules governing the transfer of personal information outside of a country. Transfers of personal data to foreign countries or international organizations are discussed, specifically, transfers based on an ‘adequacy’ judgment, or transfers subject to suitable protections. The article also highlights the primary modifications made to safeguard the outbound transmission of personal information in the EU and the gcc states. The article shows that the gcc nations are concerned about protecting citizens and residents’ personal information and that there is room for development in the legislative process regarding the improvement of personal data protection regulations.
Abstract
This article examines the interplay between emerging technologies and law. In recent years, identifying an appropriate regulatory framework for technological advancements has been a significant scholarly debate. Various theories and approaches have been proposed, ranging from soft law to hard law. We explore emerging technologies from both legal and regulatory perspectives, emphasizing the risks associated with them. We discuss how the relationship between law and technology has been approached, including the challenges of emerging technologies, factors influencing the adoption of laws, and strategies for regulation. We challenge the existing reactive approach to regulation in response to technological advancements. Instead, we advocate for a ‘law by design’ approach, which incorporates legal principles during the early stages of technological development, rather than trying to catch up with technology through legislation.
Abstract
This article considers the extraterritoriality of the General Data Protection Regulation (gdpr) and its effect on Gulf Cooperation Council (gcc) businesses. Given the robust economic ties to the European Union (EU), many gcc businesses fall under the scope of the gdpr. This article argues that the territorial gateways through which the gdpr applies are much wider than might be thought and so may capture many gcc businesses, and that while the personal data protection laws in the gcc countries have been influenced to varying degrees by the gdpr, there are significant disparities, especially regarding their approach to data protection. This suggests that the level of data protection in the gcc countries is not equivalent to that offered by the gdpr. The article is divided into six sections, covering the EU’s data protection laws, framework evolution, gdpr’s impact on gcc businesses, and gcc’s data protection framework.
Abstract
This article examines the diffusion effect of the General Data Protection Regulation (gdpr) beyond the European Union borders, particularly in the Gulf Cooperation Council (gcc) countries. The article explores how the Brussels Effect (as a concept and observation) can explain non-EU jurisdictions’ voluntary adoption of gdpr standards. This article seeks to develop a corpus of reasoning that could be used to determine when and to what extent the provisions in local data protection statutes need to be interpreted and applied in conformity with gdpr-related legal sources.
Abstract
The implementation of data protection laws in Gulf Cooperation Countries (gcc) has been a phased and incremental development. Qatar took the lead by enacting such legislation in 2016, paving the way for subsequent adoption in Bahrain in 2018 and Kuwait in 2021. The economic growth and increased use of digital technology in major gcc states like Saudi Arabia and Qatar have played a role in necessitating the development of data protection laws. The awareness of cyberattack risks has further emphasized the importance of having a legal framework to protect data, especially as multinational companies and startups operate in these regions. The fact that the adoption of data protection laws is relatively recent in gcc countries highlights the evolving nature of data privacy regulations in the region. It’s noteworthy that the European Union’s General Data Protection Regulation (gdpr) is seen as a reference point and could potentially influence the development of data protection laws in the gcc. Understanding the gdpr is crucial for gcc countries, not only to align with global data protection standards but also to potentially contribute to the creation of a unified regional data protection framework.
Abstract
The 2020 Chinese Civil Code represents a further stage in the massive reception of European and Anglo-American legal values and techniques by one of humankind’s most venerable distinctive approaches to law and philosophy. The question then is whether the adoption of this Code does or should alter our perception of the place of the Chinese legal system on the world map of legal systems. This is the question which the present chapter seeks to answer, drawing upon some of the perspectives the present author has found insightful with respect to the contemporary Russian legal system.