rss_2.0International and Comparative Law Review FeedSciendo RSS Feed for International and Comparative Law Reviewhttps://sciendo.com/journal/ICLRhttps://www.sciendo.comInternational and Comparative Law Review 's Coverhttps://sciendo-parsed-data-feed.s3.eu-central-1.amazonaws.com/612026e596d44e0cccad984e/cover-image.jpg?X-Amz-Algorithm=AWS4-HMAC-SHA256&X-Amz-Date=20220126T200856Z&X-Amz-SignedHeaders=host&X-Amz-Expires=604800&X-Amz-Credential=AKIA6AP2G7AKDOZOEZ7H%2F20220126%2Feu-central-1%2Fs3%2Faws4_request&X-Amz-Signature=956f7719d9df8e7ce693a6076d39ad733c3791e7d5b19e6cecadc59ac580353c200300Access to Covid-19 Vaccine: Patents vs. People?https://sciendo.com/article/10.2478/iclr-2021-0002<abstract> <title style='display:none'>Summary</title> <p>The article is looking into the issue of global equitable access to Covid-19 vaccines from the perspective of intellectual property rights, in particular patents. The discussed topics include instruments that could potentially facilitate access to patent protected health technologies (Covid-19 vaccines). Some of them are non-voluntary in nature, like the compulsory licenses in accordance with the TRIPS Agreement and others rely on the voluntary participation of the pharmaceutical industry, such as the C-TAP and the Medicines Patent Pool. The article also explores the controversial initiative regarding an “intellectual property waiver” proposed by a number of WTO members.</p> </abstract>ARTICLE2021-08-19T00:00:00.000+00:00About John Austin’s Analytical Jurisprudence: The Empirical-Rationalist Legal Positivismhttps://sciendo.com/article/10.2478/iclr-2021-0010<abstract> <title style='display:none'>Summary</title> <p>This article deals with analytical jurisprudence topics presented in John Austin’s work, his predecessors, and its influence on the contemporary theory of law. The article analyses his analytical method, understanding of what the method implies, and its application in understanding law as a social phenomenon. Not only does the article analyse the law phenomenon, but it also presents his views on similar phenomena in law, such as international and constitutional law, the phenomenon of sovereignty and a sovereign, and the principle of general utility as one of the moral principles. His theory of law was one of the most significant theoretical approaches in England of the 19th century, and also constituted the baseline for new conceptions and the basis of critical analyses of later positive law theories. Moreover, his work provides a solid ground for explanations of individual branches of law, especially criminal law. Finally, the article also presents a critical analysis of his approach, useful and important findings, and the perspectives for further development of the theory of law, especially in the domain of his analytical, empirically oriented and descriptive method.</p> </abstract>ARTICLE2021-08-19T00:00:00.000+00:00The Concept of Child and its Legal Synonyms In Polish Criminal Lawhttps://sciendo.com/article/10.2478/iclr-2021-0008<abstract> <title style='display:none'>Summary</title> <p>Criminal law, which uses the strictest measures at the disposal of the legislator, requires particular caution in the interpretation of the concepts appearing in the repressive law. The concept of a child in criminal law cause many problems of interpretation, as it appears in many legal acts in a different sense. The publication is devoted to presenting the concept of a child in various legal acts and reflecting on the different meanings of the descriptions of the child made by the legislator and the legitimacy of the differentiations made by him. The question arises as to whether the creation of many different concepts describing a child is justified.</p> </abstract>ARTICLE2021-08-19T00:00:00.000+00:00Binding or Non-Binding: Analysing the Nature of the Asean Agreementshttps://sciendo.com/article/10.2478/iclr-2021-0004<abstract> <title style='display:none'>Summary</title> <p>ASEAN has gradually attempted to assert itself as a diplomatic force to reckon with. However, over the recent past, it’s ability to deal with regional issues and situations has come under scrutiny. This paper argues that the reason behind such lack of clear decision making arises from the large presence of Soft Law nomenclature in ASEAN agreements, resulting in the lack of any Hard Law obligations on these nations. The paper attempts to highlight the lack of clarity in the nomenclature used in ASEAN agreements, the problems that arise from the same, and the possible reasoning behind the usage of such nomenclature. In conclusion, the paper provides a few solutions and recommendations that could be adopted by the ASEAN community of nations to establish themselves as an economic community.</p> </abstract>ARTICLE2021-08-19T00:00:00.000+00:00Istanbul Convention, Honour Killings and Turkey’s Experiencehttps://sciendo.com/article/10.2478/iclr-2021-0003<abstract> <title style='display:none'>Summary</title> <p>The problem of domestic violence against women (DVAW) is a global concern and pivotal point which is still waiting for necessary radical measures to prevent it. Honour related violence is a phenomenon and special form of domestic violence against women that affects every country. For decades, honour killings have been a topical legal issue in Turkey. This article highlights the positive changes of Turkey’s legislation after ratification of the Istanbul Convention, which provides legal protection and prevention measures to help women and their families and shows how important it was for Turkey to implement the Convention in order to prevent these crimes. The authors shed light to the point that Turkey has done much to implement the Istanbul Convention, but male-dominated mentality, still hampers the effective prevention of gender-based violence. Article analyses the importance of the Istanbul Convention in Turkey through the “Unjust Provocation” concept and Law No. 6284 which was adopted by Turkey after ratification of the Convention.</p> </abstract>ARTICLE2021-08-19T00:00:00.000+00:00Destroying Disability: Expanding Application of the Genocide Conventionhttps://sciendo.com/article/10.2478/iclr-2021-0005<abstract> <title style='display:none'>Summary</title> <p>Disability is not a protected class under the Genocide Convention, even though disabled people across the world frequently face egregious human rights violations. Many of those practices should be considered genocide because they meet the criteria listed in the definition. In order to amount to genocide, an action must be committed with the intent to destroy a group, in whole or in part, by killing, causing serious harm, inflicting conditions of life calculated to bring about destruction of the group, prevent births, or forcibly transfer children out of the group. Disabled people have been subjected to all these actions. By refusing to grant this group status as a protected class, the international community has allowed acts of genocide to continue into the twenty first century. To prevent future genocides against this group, and advance disability rights on a global scale, disabled people need the protections provided in the Genocide Convention.</p> </abstract>ARTICLE2021-08-19T00:00:00.000+00:00Caractéristiques Et Conséquences Des Dispositions Constitutionnelles Relatives à La Responsabilité Budgétaire En Slovaquiehttps://sciendo.com/article/10.2478/iclr-2021-0009<abstract> <title style='display:none'>Summary</title> <p>Regulation of fiscal responsibility is an integral part of the Constitution in several European states. Among these states there is also Slovakia, which passed a special constitutional law on fiscal responsibility in 2011 and established the Fiscal Responsibility Council as an independent constitutional institution. This constitutional law was followed by a new constitutional amendment in 2020, which enshrines the explicit obligation for the State to protect the long-term sustainability of its economy through transparency and efficiency in the spending of public funds. In this context, this article analyzes the normative scope of this constitutional framework and its effects in practice, as well as the theoretical possibilities of its applicability in proceedings before the Constitutional Court of the Slovak Republic.</p> </abstract>ARTICLE2021-08-19T00:00:00.000+00:00Reforming the International Criminal Court (ICC): Progress, Perils and Pitfalls Post the ICC Review Processhttps://sciendo.com/article/10.2478/iclr-2021-0001<abstract> <title style='display:none'>Summary</title> <p>The International Criminal Court is a very controversial institution. It is extensively criticised by both its critics and its supporters. This article examines what steps have been taken to reform the Court. It considers issues such as the need for better communications and messaging by the Court. The paper takes up how and why the Court needs to engage better and in more far-reaching ways with a host of role players that affect the terrain in which the Court operates. It is argued that more reform is needed in how the Court is lead, how it operates, and who the judges and staff are. It is argued that greater diversity is needed at the Court. Also taken up are how the reach of the Court can be increased beyond only prosecutions, how the Court can assist states to prosecute more cases themselves, and how the Court can become more victim centred. A core theme is how state cooperation can be enhanced. A range of suggestions are made so as to enhance the role of the Court in the years to come.</p> </abstract>ARTICLE2021-08-19T00:00:00.000+00:00“This Content is not Available in your Country” A General Summary on Geo-Blocking in and Outside the European Unionhttps://sciendo.com/article/10.2478/iclr-2021-0006<abstract> <title style='display:none'>Summary</title> <p>The phenomenon of geo-blocking is one of the new challenges of the digital era. Geo-blocking is a modern form of discrimination that differentiates between consumers on the basis of their geographical location. The phenomenon ultimately affects the situation of the citizen concerned and may also constitute an obstacle to the single market. Digital time has put a number of issues to be resolved on the legislator’s table in recent years, one of which is the phenomenon of geo-blocking. Already in 2015, the European Commission led by Juncker (2014–2019) adopted the Digital Single Market (DSM) strategy, which marked the European Union’s (EU) path towards innovation by creating a new digital dimension of the Single Market. In order to achieve the DSM strategy and the digital objectives, a number of legislative acts have been put in place to address the elements of the DSM and exploit the benefits of technological modernisation. The geo-blocking phenomenon is presented in this study, partly in terms of practical aspects and partly with regard to the geo-blocking regulation. The Ursula von der Leyen-led Commission (2019–2024) identifies “a Europe fit for the digital age” among its six priorities. Among the priorities, the “promotion of a European way of life”, must be linked to the digital priorities, as our smart tools and our digital presence are becoming an integral part of our lives – and our common way of life – especially at this time of the COVID-19 pandemic. Innovation has also been accelerated by the current exceptional situation, the health emergency caused by COVID-19, forcing us to work remotely, remote contacts and the constant use of our smart tools. The realisation of digital well-being is therefore also an integral part of our lifestyle. In the intersection of digitalisation and development and the promotion of a common European way of life, we can find a single market in which we can experience a significant aspect of our European way of life – the free movements and cross-border transactions – even through our online presence. The internal market is the dimension for the proper functioning of which the Union institutions can adopt a legislative act. In addition, measures taken to remove barriers and remove obstacles are essential for the functioning of the internal market. Joint action against geo-blocking as an internal market barrier will also play a role in creating digital prosperity by promoting the proper functioning of the internal market by promoting e-commerce and electronic content access. The aim of the study on the one hand is to present issues related to geo-blocking in a brief and descriptive manner from the perspective of the social, economic and legal environment linked to the internal market. On the other hand, the study briefly presents the legal environment of geo-blocking in the USA, Russia, China and Japan.</p> </abstract>ARTICLE2021-08-19T00:00:00.000+00:00Conflict of Laws, Choice of the Forum Court in the us, and the Due Process in Family Law Disputeshttps://sciendo.com/article/10.2478/iclr-2021-0007<abstract> <title style='display:none'>Summary</title> <p>In the United States (US) the family law litigant will have to consider the implications of laws that are federally recognised and those which the state embodies in its own family law statutes. The function of the equal protection clause and <bold>due process</bold> clause of the Fourteenth Amendment of the Constitution protects the parties in family disputes that reach the court. The operation of the Full Faith and Credit Clause is an important consideration and is central to the question if the court can apply the law of the forum court (<italic>lex fori</italic>) or that of the state where the dispute emanated. The federal constitution allows the state courts to apply marriage laws of another state. If the issue is procedural, then the law of the state will be applied where the dispute that gave rise to the litigation (<italic>lex loci</italic>). This paper examines the interstate in family law by considering marriages, child custody, and adoption rules and it enquires whether the courts have been sufficiently consistent in interpreting family law of the state in accordance with Article IV, Section 1. There is also a section that compares the law in the US with the application of the lex fori rules in family cases in the Scottish jurisdiction and how that influences parties in family law disputes.</p> </abstract>ARTICLE2021-08-19T00:00:00.000+00:00Migration – The Threat or the Chance of Development for the City?https://sciendo.com/article/10.1515/iclr-2016-0097<abstract><title style='display:none'>Abstract</title><p>The article deals with the phenomena of human migration, especially migration from the rural surroundings to the city structures and legal approach to it. Author describes the acknowledgment and legal regulation of the migration into the city structures in ancient world (e.g. in Roman law), deals with the contemporary legal concepts related to this sort of migration in Polish law and evaluate the impact of EU law approach to this question. Finally author pleads against the protective and closing regulations and call for the open approach to the in-city migration flows.</p></abstract>ARTICLE2018-01-24T00:00:00.000+00:00The Use of Internal Audit in Economic Developmenthttps://sciendo.com/article/10.1515/iclr-2016-0098<abstract><title style='display:none'>Abstract</title><p> The functioning of modern public administration must necessarily be related to the audit of its activities. The Polish legal system stands out because of the following criteria, which are made in the supervisory system, namely: the legality, economy, reliability and usefulness.</p></abstract>ARTICLE2018-01-24T00:00:00.000+00:00The Libyan Uprising and the Right of Revolution in International Lawhttps://sciendo.com/article/10.1515/iclr-2016-0093<abstract><title style='display:none'>Abstract</title><p> Despite the ubiquitous coverage of the Libyan revolution throughout the last six months, very little has been said regarding the legal foundations for the rebels’ actions. Within the international legal framework, it must be asked whether the Libyan people even had a legal right in the first place to overthrow the Gaddafi regime. In fact, the existence of a right to rebel under international law is very much an unsettled matter. Among the sources of international law, a right to rebel is not enumerated in any of the principal international instruments. In truth, the only significant mention of the right is a passing but ambiguous reference in the preamble of the Universal Declaration of Human Rights. A customary right of revolution is similarly absent, as many nations criminalize treason and other insurrectionary activities. Instead, if such a right exists in international law, it must derive from the well-enshrined right of self-determination. Th is right would thus constitute an additional exception to international law’s general prohibition on the use force, standing alongside self-defense and Security Council peace enforcement. Yet establishing a right of revolution would mark a significant departure from these other exemptions. In essence, the right of revolution represents an allowance for non-state actors to resort to force unilaterally for the protection of human rights. For this very reason, contemporary international law likely does not recognize a popular right to revolt. In light of international law’s fi rm restrictions on lawful uses of force, there is no evidence that the law currently acknowledges a novel exception for the individual enforcement of human rights. Th us, in the absence of a change in the law, the proper legal remedy for the Libyan people was not rebellion but rather an appeal to the international community.</p></abstract>ARTICLE2018-01-24T00:00:00.000+00:00Surrender vs. Extradition: A Comparison Focused on Innovations of European Arrest Warranthttps://sciendo.com/article/10.1515/iclr-2016-0101<abstract><title style='display:none'>Abstract</title><p> The European Union was aware of unwanted side-effect of the free movement of persons which has been the equally free movement criminals. With regards to Tampere European Council conclusions the traditional extradition procedures were replaced by the surrender procedure within Member States of the European Union. Th e article answers the question how the surrender procedure differs from classic extradition. It deals with the comparison of the surrender procedure and the extradition mechanism focused on innovations of the European arrest warrant. It points out at necessity of simpler and faster procedure in the EU. Further, it focuses on the comparison of the legal basis of both procedures and on procedural issues.</p></abstract>ARTICLE2018-01-24T00:00:00.000+00:00Accommodation of Western Legislation for Plurality of Beliefs in Family Lawhttps://sciendo.com/article/10.1515/iclr-2016-0096<abstract><title style='display:none'>Abstract</title><p> In the last several years, the European societies, that in their majority were fairly uniform as far as race, culture or religion, have been converted into intercultural places where many different visions of the world live together. Together with a factor of exogenous plurality, produced by the increase in immigration, an internal desegregation should also be highlighted in our own societies. In this new environment of diversity, it is without a doubt, difficult for the Law to accommodate all the different ethical, religious or cultural demands of the people. In my paper I study the means of accommodation rooted in our legal tradition such as: the conscientious objection, the agreements of the State with religious groups, mediation and arbitration as a way of accommodation of plurality in the field of Family Law, etc. I conclude by stressing the fact that allowing space for diversity does not mean giving up our own values. Quite the opposite, accommodation comes from our own values: that is, from the respect for freedom and non-discrimination, founded on the dignity of the person.</p></abstract>ARTICLE2018-01-24T00:00:00.000+00:00Problematical Aspects of Current Legal Regulation of Appellate Review and their Solution in Suggested Amendment of Czech Civil Procedure Codehttps://sciendo.com/article/10.1515/iclr-2016-0094<abstract><title style='display:none'>Abstract</title><p> Th e aim of this article is to point to insufficiencies of the current legal regulation of the appellate review proceeding in civil cases, when the court competent to deal with the appellate reviews is not able to fulfill its function of a unifier of case law and the defender of lawfullness of decision-making any more. Th e proposed amendment of the Civil procedure code which is being prepared by the Ministry of Justice reacts to many of these insufficiencies. In the article we have only focused on crucial conceptual problems of the proposed legal regulation and we have avoided other deficiencies requiring deeper analysis and the knowledge of Czech legal regulation.</p></abstract>ARTICLE2018-01-24T00:00:00.000+00:00The Abuse of Rigts in Tax and Administrative Lawhttps://sciendo.com/article/10.1515/iclr-2016-0100<abstract><title style='display:none'>Abstract</title><p> Aim of this article is to point out the recent development of the principle of abuse of rights in tax and administrative law. Subject of this article is not abuse of discretion, abuse of rule of law, abuse of power or eventual other abuses. Although abuse of rights is traditionally category of private law, we could observe application of this institute in European public law including the Czech public law.</p></abstract>ARTICLE2018-01-24T00:00:00.000+00:00Judicial Review And Judicial Supremacy: A Paradigm of Constitutionalism in Nigeriahttps://sciendo.com/article/10.1515/iclr-2016-0095<abstract><title style='display:none'>Abstract</title><p> This paper examines judicial review and judicial power in Nigeria under the 1999 Constitution in relation to the constitution itself and in relation to the political branches of government. Th is is essentially to locate where lays supremacy between the branches and the judiciary particularly the Supreme Court with its final appellate jurisdiction. Judicial review and supremacy of the judiciary had been of recurring academic discuss in some jurisdictions with written Constitutions, particularly the United States from where Nigeria largely borrowed its presidential constitutionalism. This thus suggests that there is a need to examine the controversy within the context of Nigeria’s experience; is it really in the Constitution that creates branches of the government and that is proclaimed to be supreme over all authorities including the judiciary? Is it in the judiciary whose oversight function cuts across the political branches and whose interpretative decisions are binding on the constitution itself and the other branches? Is it in the executive that appoints and removes Justices of the court subject to confirmation by the Senate, or is it in the legislature? The paper argues that the overriding effect of the judicial power of the Supreme Court over all persons and authorities including the Constitution puts the judiciary in supreme position, that being the natural consequence of the power so vested in the judiciary by the “People Themselves.”</p></abstract>ARTICLE2018-01-24T00:00:00.000+00:00The European Union Policy of Combating the Drug Turnoverhttps://sciendo.com/article/10.1515/iclr-2016-0099<abstract><title style='display:none'>Abstract</title><p>The article deals with the problem of fighting the drug trafficking and drug abuse within the European Union. It describe the background of the issue and deals with the impact of the abolition of border controls within the Union on the increase and character of the drug turnover. She moreover points on the other negative side-effect, i.e. the increase of criminality caused by the abuse of drugs. Th en she analysis the contemporary legal regulation of the drug trafficking and drug abuse in Poland and within the European Union and compare both regulations. She critically calls for the establishment of the comprehensive common strategy to avoid the negative outcomes of the “free drugs turnover” within the territory of the Union.</p></abstract>ARTICLE2018-01-24T00:00:00.000+00:00New Social and Legal Challenges Resulting from the Presence of Islam in 21st Century European Societieshttps://sciendo.com/article/10.2478/iclr-2020-0020<p>One of the greatest challenges facing the European societies and legal systems arises from the rapid changes that have taken place in recent decades, from a certain level of cultural and religious uniformity towards a landscape of diversity in which Islam has made its presence felt. The viability of coexistence between the Islamic and Western cultures should rest on two foundations: firstly, the acceptance of a common minimum defined by respect for a person´s dignity, that is, an agreement on the question of human rights. Along with this consensus there is also a need for respect and the integration of diversity. This study sets out to analyse the challenges that both issues raise..</p>ARTICLE2021-02-21T00:00:00.000+00:00en-us-1