scholarly journals Harnessing Lisan in Peacebuilding: Development of the Legal Framework Related to Traditional Governance Mechanism in Timor-Leste

2021 ◽  
Vol 9 (1) ◽  
pp. 163-181
Author(s):  
Satoru Miyazawa ◽  
Naori Miyazawa
Pomorstvo ◽  
2016 ◽  
Vol 30 (1) ◽  
pp. 88-94
Author(s):  
Loris Rak ◽  
Borna Debelić ◽  
Siniša Vilke

Regarding the organisation of the railway in Croatian ports, the institutional framework on which the railway within the port operates is relatively uncertain with potential conflicts of the national and EU legislation as well as diversities in practical approaches from the governing institutions towards empirical solutions on the field. This paper develops possible models for organisation of the management of rail transport services within the port area in order to research governance mechanism and provide standards of quality of railway operations, which are in accordance with the existing legal framework and on best practice solutions. This models are developed in order to enable several main principles important for port operations and business development such as transparency of the access conditions and service prices, single entry point, services in the rail terminal fully coordinated with the capacity allocation, performance scheme as part of the infrastructure charging system, performance targets in the form of indicators, access to topical reports on the service quality of the service in the port terminal, and implementation of the use-it-or leave-it rule.


Author(s):  
Qudsia Aziz

The concept of governance is as old as human civilization. However, recently the usage of this term has increased multifarious. A broader concept of corporate governance involves a set of relationships amongst the organization's stakeholders. A stakeholder is any person, organization, social group, or society at large that has a stake in the business. Recognizing the importance of corporate governance, most of the countries in the world have developed their own corporate governance mechanism known as corporate governance models. The mechanism of corporate governance depends upon various indigenous factors such as legal framework, regulatory framework, the pattern of shareholding, breadth, and depth of financial markets.


Author(s):  
Rezart Dibra

This article aims at introducing the main corporate governance mechanism’ influence on governance in South Eastern Europe (Western Balkans) transition economies: Albania, Bosnia and Herzegovina, Croatia, Serbia and Slovenia. The implementation of corporate governance in transition economies, where Albania is one of the countries that have implemented such corporate governance principles, require a suitable legal framework and relevant protection of minority shareholders. In 2008 the new law “On entrepreneurs and commercial companies”was enacted.The latter introduced new practices and concepts, some of them not familiar to the Albanian legal system. This paper discusses comparative insight on the most pressing issues of corporate governance in selected economies of South-East Europe (Western Balkans). It is widely accepted that both private sector and governments can benefit from identification of the most important determinants and implications of good corporate governance. Corporate governance systems have a common goal – protection of investor’s rights and transparency of the system in which transactions take place. However, it is also well recognized that systems of corporate governance in attempt to gain necessary level of harmonization and consistency rely heavily on contextual factors of specific economy. Specifically, the research covers corporate governance in Albania, Bosnia and Herzegovina, Croatia, Serbia and Slovenia. 


Author(s):  
Gouveia Mariana Franca ◽  
Dall‘Agnol Ana Carolina

This chapter discusses arbitration in the Portuguese-speaking jurisdictions, except Brazil. Although they can be brought under the umbrella of a common language, Portuguese-speaking jurisdictions are a heterogeneous and diverse group of countries. Indeed, Portuguese-speaking jurisdictions are placed in diverse geographic settings and have seen very different historical developments. By the same token, practice and experience in arbitration in Portuguese-speaking jurisdictions varies drastically. While in some of these countries arbitration is still in its infancy, some have brought their domestic legislation up to date but are yet to thoroughly test it, and others have consolidated arbitration practices. However, this is not to say that Portuguese-speaking jurisdictions do not share common characteristics. Due to legal transplants that took place in the 20th century, the laws of Portuguese-speaking countries—with the exception of the laws of Brazil—are substantially inspired by pre-independence Portuguese law. In this context, the common cultural ties cultivated throughout the years have the potential to facilitate knowledge exchange and to encourage foreign investment. In some contexts, acquaintance with the Portuguese legal framework might be useful when navigating the legal and regulatory frameworks of Portuguese-speaking jurisdictions. Although the arbitration figures of Portugal, Portuguese-speaking African countries, Macao, and Timor-Leste are not as impressive as those involving Brazilian parties, arbitration in Portuguese-speaking jurisdictions is flourishing.


2021 ◽  
Vol 7 (5) ◽  
pp. 3698-3709
Author(s):  
Zhi Li ◽  
Yuemeng Ge ◽  
Jieying Guo ◽  
Mengyao Chen ◽  
Junwei Wang

The whole world is making unremitting efforts to ensure the security of global cyberspace. The European Union (EU) has always regarded cyberspace security as the core competitiveness of regional integration and is committed to improving the cyberspace security legal system’s construction. Now it has been at the forefront of the world. Through the analysis of the EU cyberspace security governance mechanism and legal framework, this study concludes that the construction of cyberspace security is a complex project that requires long-term exploration and development. Besides, a sound cyberspace-security governance mechanism and a perfect legal system of cyberspace security should have a clear hierarchy, and specific effectiveness and system, updating the laws and regulations.


2013 ◽  
Vol 8 ◽  
pp. 1-26 ◽  
Author(s):  
Jeswynn Yogaratnam

AbstractIn July 2010 the Timor-Leste Government promulgated the Law Against Domestic Violence. This is part of a constitutional promise to improve women and child security. Inherent in this development is the shift from traditional dispute resolution system to a state criminal justice system. This shift identifies domestic violence as a public crime and relies on greater participation from the stakeholders of domestic violence, i.e., the police, prosecution, legal services, health care services, social care services and community leaders. This paper examines the legal framework of the new domestic violence law and the impact on the stakeholders in delivering the legal obligation to promote women and child security in Timor-Leste. Inherent in this discussion is the question of whether the new law can reform the traditional justice system, change community behaviour and meet the competing challenges of cultural relativism in each district of Timor-Leste.


2003 ◽  
pp. 83-100 ◽  
Author(s):  
A. Radygin ◽  
R. Entov

The paper deals with theoretical approaches to the problems of property rights and contractual obligations and with analysis of economic consequences of the imperfect enforcement system. In particular, the authors consider Russian experience in the sphere of corporate conflicts. Legal and practical recommendations related to the improvement of legal framework, judiciary reform, executory process and different federal and regional authorities are also presented.


Author(s):  
José Ángel Gimeno ◽  
Eva Llera Sastresa ◽  
Sabina Scarpellini

Currently, self-consumption and distributed energy facilities are considered as viable and sustainable solutions in the energy transition scenario within the European Union. In a low carbon society, the exploitation of renewables for self-consumption is closely tied to the energy market at the territorial level, in search of a compromise between competitiveness and the sustainable exploitation of resources. Investments in these facilities are highly sensitive to the existence of favourable conditions at the territorial level, and the energy policies adopted in the European Union have contributed positively to the distributed renewables development and the reduction of their costs in the last decade. However, the number of the installed facilities is uneven in the European Countries and those factors that are more determinant for the investments in self-consumption are still under investigation. In this scenario, this paper presents the main results obtained through the analysis of the determinants in self-consumption investments from a case study in Spain, where the penetration of this type of facilities is being less relevant than in other countries. As a novelty of this study, the main influential drivers and barriers in self-consumption are classified and analysed from the installers' perspective. On the basis of the information obtained from the installers involved in the installation of these facilities, incentives and barriers are analysed within the existing legal framework and the potential specific lines of the promotion for the effective deployment of self-consumption in an energy transition scenario.


Author(s):  
Mykhailo Kosmii ◽  
Vasyl. Kasiianchuk ◽  
Ruslan Zhyrak ◽  
Ivan Krykhovetskyi

The purpose of this paper is to analyze and research the legal mechanisms which make it possible to improve agroecology through the organization of cultivation of Jerusalem artichoke.Methodology. The methodology includes comprehensive analysis and generalization of available scientific, theoretical, practical and applied material and development of relevant conclusions and recommendations. During the research, the following methods of scientific cognition were used: dialectical, terminological, historical and legal, logical and normative, systemic and structural, functional, normative and dogmatic, generalization methods. Results. The process of analysis and research highlighted the possibilities of cultivating Jerusalem artichoke for improving agroecology, namely improving the ecological state of the atmosphere air and soil, preparing them for organic farming. The article contains examples of practical application of tubers of Jerusalem artichoke and herbage for the production of therapeutic and prophylactic products, alternative energy and highly efficient building materials. Scientific novelty. The study found that the authors summarized and systematized the levels of legal regulation in the field of using Jerusalem artichoke for improving agroecology, preparing soil for organic farming, in particular: the inter-sectoral level which covers the interaction of agricultural and environmental law in terms of cultivation and use of Jerusalem artichoke; the level of integrated environmental and legal regulation; level of individual resource (floristic) legal regulation; the level of environmental protection (anthropoprotection) legislation.Practical importance. The results of the study can be used in law-making and environmental protection activities related to issues of cultivating and using the Jerusalem artichoke as a means of improving agroecology.


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