rss_2.0Law FeedSciendo RSS Feed for Lawhttps://www.sciendo.com/subject/LAhttps://www.sciendo.comLaw Feedhttps://www.sciendo.com/subjectImages/Law.jpg700700Language- And Legal Culture Peculiarities in Selected Swiss Constitutional Acts Including a Translational Perspectivehttps://sciendo.com/article/10.2478/cl-2021-0009<abstract> <title style='display:none'>Abstract</title> <p>The subject of the analysis is linguaculture expressing linguistic and cultural differences occurring in every language of law. They relate to vocabulary and editing principles of law acts. It seems that preserving such differences in the target translation makes it possible to reveal specific legislation trends of a given country, which express political motivation. Their preservation in the translated text requires good knowledge of law and in-depth comparative analysis. The focus of the analysis in this text is on the expression of gender in the law texts and specifically, on the translation of feminatives and legal names relevant for cultural dimension of a given law system.</p> </abstract>ARTICLE2021-06-12T00:00:00.000+00:00Can Corpus Consultation Compensate for the Lack of Knowledge in Legal Translation Training?https://sciendo.com/article/10.2478/cl-2021-0006<abstract> <title style='display:none'>Abstract</title> <p>It is generally assumed that a good knowledge of the legal field is a prerequisite to deliver legal translations. This paper will challenge this assumption by presenting a case study with third-year bachelor’s students who participated in a translation project. The students, enrolled in a course in translation practice, were trained in corpus consultation at the beginning of the academic year. Nearly at the end, they translated an extract of a supply contract without being trained in the legal field. They consulted a pre-compiled offline corpus and online bilingual dictionaries. The paper findings highlight that knowledge of the legal field would have certainly helped the students make more informed decisions and avoid some mistranslations. However, the major shortcomings were actually due to ineffective corpus or dictionary consultation. In particular, formulaic expressions and collocations were neglected. In light of the paper findings, it can be speculated that in translation training, effective corpus consultation may help users deliver high-quality legal translations. It also seemed that thorough knowledge of the legal field is not a prerequisite, at least as far as short texts are concerned.</p> </abstract>ARTICLE2021-06-12T00:00:00.000+00:00Linguistics Difficulties in Harmonisation of European Union Law: The Example of Directives on Procedural Guaranties in Criminal Mattershttps://sciendo.com/article/10.2478/cl-2021-0008<abstract> <title style='display:none'>Abstract</title> <p>Multilingual writing of European directives is faced with a few linguistic difficulties, like choosing an appropriate legal terms. All linguistic versions shall reflect the same content event though the legal system of each Member State is different and some legal concept do not have an equivalent in other legal systems. In this way, legal writing of European Directive is a very complex subject both from legal and linguistic perspective. The aim of this article is to discuss different linguistics difficulties that could appear during the harmonisation of criminal proceedings in European Union, where multilingualism is a key value and to analyse the possible solutions, when dealing with those difficulties. It seems that even if multilingualism is a big challenge to European Union, it could have a positive influence on the quality of European legislation.</p> </abstract>ARTICLE2021-06-12T00:00:00.000+00:00Arabic Legal Phraseology in Positive Law and Jurisprudence: The Historical Influence of Translationhttps://sciendo.com/article/10.2478/cl-2021-0007<abstract> <title style='display:none'>Abstract</title> <p>The present study examines Arabic legal phraseology formation from the standpoint of positive law and jurisprudence. It claims that phraseological constructions in Arabic legislative and statutory texts are largely influenced by the translation process of Roman law texts. However, scholarly literature still relies to some extent on formulae used in the Islamic jurisprudence. To illustrate this, three examples of legal principles anchored in Islamic jurisprundence, known as <italic>legal maxims</italic>, are subjected to a comparative analysis and discussed along with their corresponding expressions in positive law in modern-day Arabic. Ultimately, the purpose of this paper is twofold: firstly, to demonstrate that the phraseology present in many Arabic positive laws is fully adapted to corresponding formulations in the Roman law, steming from a historical translation process that accompanied the codification movement in the beginning of the 20th century; secondly, to emphasize the significance of textual genre awareness in legal translation. Concretely, the introductory section provides an overview of recent studies that have addressed legal phraseologisms. It is followed by a section on the historical role of translation in the construction of certain phraseologisms. The general legal principles of (a) burden of proof, (b) presumption of innocence, and (c) the pacta sunt servanda principle are then examined in order to shed light on the influence of both the Civilist tradition and Islamic jurisprudence on the use of legal Arabic today, as well as to demonstrate how the translation of phraseologisms is dependent on the parameters of genre. The analysis leads to the conclusion that proper use of phraseologisms, whether in drafting or translation, is closely linked to knowledge of phraseology formation and the historical influence of translation.</p> </abstract>ARTICLE2021-06-12T00:00:00.000+00:00The Attitude of the United States to the Baltic Region in 1918–1922: The Example of Latviahttps://sciendo.com/article/10.2478/bjes-2021-0006<abstract> <title style='display:none'>Abstract</title> <p>The article discusses the attitude of the USA towards the newborn independent Baltic States in 1918–1922 using the most devastated of them—Latvia—as an example. Relations between Latvia and the United States in 1918–1922 reflect Latvia’s intense foreign policy efforts to ensure its political and social development through relations with one of the world’s most influential and powerful economies in spite of the United States’ reserved behavior. In addition, this unique era in Latvia and the Baltic States as a whole (influenced by the Soviet Russian and German factors, war and its aftermath, and the ethnically diverse and complicated social situation) illustrates the specifics of US policy towards Eastern Europe and Russia.</p> </abstract>ARTICLE2021-05-26T00:00:00.000+00:00A Case in Relations between Great Powers and Small States—France’s Recognition of Finnish Independence, 1917–1918https://sciendo.com/article/10.2478/bjes-2021-0002<abstract> <title style='display:none'>Abstract</title> <p>What are the most important variables explaining the 4 January 1918 decision by the French Government to recognise Finland’s independence? This short contribution to the Special Issue aims at giving a broad overview of developments explaining this decision. It will first of all introduce general notions concerning France’s relation with “nationalities” during the First World War. It will more specifically describe the geopolitical environment of the winter 1917–1918, when France looked for ways to react to the crumbling of its Russian ally against Germany. It will also emphasise the way domestic developments and the long-term action of Finnish national networks helped in shaping up this decision. Finally, based on this example, it will consider various ways for small states to try and influence their international environment.</p> </abstract>ARTICLE2021-05-26T00:00:00.000+00:00Cross-Border Capacity-Building for Port Ecosystems in Small and Medium-Sized Baltic Portshttps://sciendo.com/article/10.2478/bjes-2021-0008<abstract> <title style='display:none'>Abstract</title> <p>One of the key challenges related to the threat posed by the COVID-19 pandemic is preservation of employment and protecting staff who are working in port operations and struggling to keep ports operating for ship calls. These activities performed by port labour are deemed to be crucial for the EU and European ports, since 75% of the EU external trade and 30% of intra-EU transport goods are moved by waterborne transport. As a response to the global lockdown and the vulnerability of global supply chains, the majority of international organisations and maritime ports networks have shortlisted measures necessary to keep the severe effects of the lockdown to a minimum. One of the key measures identified is how to limit physical interaction. As an effect, millions of people and organisations across the globe have had to use and/or increase their deployment of digital technologies, such as digital documentation, tracing information systems and digital group-working platforms. Hence, blockchain and data-enabling systems have become to be recognised as a core element maintaining the uninterrupted flow of goods and services at ports.</p> <p>In pursuing uninterrupted trade and keeping ports open and running, this research paper addresses how the current situation afflicts the small and medium-sized ports located on the Baltic Sea which are argued to be critical actors of the port-centric logistics’ ecosystem. Given the topicality of this research and addressing the research gap, the authors suggest a conceptual capacity-building framework for port employees. This suggested framework is based on empirical insights: primary and secondary data collected from the project Connect2SmallPorts, part-financed by the Interreg South Baltic Programme 2014–2020 from the European Regional Development Fund (ERDF). The conceptual framework aims towards a practical training programme dedicated to fill in the missing skills or expand the limited competence of human resources and ports’ capacity when adapting or advancing digitalisation in the ports’ ecosystems. In particular, specific areas of capacity building are addressed and individual solutions suggested to foster a digital transformation of ports. The conceptual training framework is designed as a training tool indicating opportunities to help ports upgrade their competences with the blockchain technology, and to advance their transportation, environmental and economic performance with improved digitalisation. For this purpose, the conducted research employed mixed methods and applied concepts and approaches based on the field of management. For example, the construct of absorptive capacity, organisational learning, transformation, resource-based view and the concept of dynamic capabilities are included in the ecosystem discourse and are linked with open innovation and service design. The research presented in this article provides both theoretical and practical contributions, in which the affected stakeholders can test and utilise the developed tool as well as transfer it to other regions.</p> </abstract>ARTICLE2021-05-26T00:00:00.000+00:00Normativity in the EU’s Approach towards Disinformationhttps://sciendo.com/article/10.2478/bjes-2021-0011<abstract> <title style='display:none'>Abstract</title> <p>With the rapid growth of disinformation, two major steps were taken to battle the phenomenon in the online environment—first on the global level, and second on the European Union level. The first step is the Joint Declaration on Freedom of Expression and “Fake News”, Disinformation and Propaganda, which provides a general overview of possible actions to be taken to fight disinformation, and how “things should be”. The steps are connected to following human rights standards, promoting the diversity of media, and paying special attention to intermediaries and media outlets. The second one is the Code of Practice on Disinformation, which is a self-regulatory document that can be voluntarily signed by major social media platforms and advertising bodies, and its main focus is making political advertising coherent and clear, preventing the creation of fake accounts, providing users with tools to report disinformation, and promote further research. Nevertheless, based on the reports and criticism from stakeholders, the Code of Practice has not reached a common ground regarding definitions, it has provided no mechanism to access the development, and has had several other drawbacks which need additional attention and discussion. The article is devoted to identifying gaps in the Code of Practice on Disinformation based on the reports and criticism provided by the stakeholders and elaborating on possible practices to regulate the legal issues raised by disinformation on the European Union level. We use doctrinal and comparative methods in the work.</p> <p>The doctrinal method targets the cluster that was identified in order to analyze the Code of Practice, identifies weak spots and inconsistencies, and offers solutions from different areas of law. The comparative method was selected since in several areas of law, such as human rights and consumer protection law, the previously identified approaches will be addressed to find the best outcomes. This combination of methods allows an in-depth understanding of legal documents and identifying successful solutions, which can influence further development based on efficient examples.</p> </abstract>ARTICLE2021-05-26T00:00:00.000+00:00Not All Past is Legacy: Echoes of 1917–1923 in Contemporary East Central Europehttps://sciendo.com/article/10.2478/bjes-2021-0004<abstract> <title style='display:none'>Abstract</title> <p>The article discusses parallelisms between the social and political realities of East Central Europe around 1917–1923 and the current state of affairs. It starts with an analysis of the dynamic social relations in the final year of the Great War to follow with the question of their impact on politics and a short outline of the region’s history after 1918. While in terms of political and social reality there is little to invite comparison between these two periods under scrutiny, the language of politics and popular sentiments do. Most importantly, and similarly to East Central Europe in the interwar period, fear of a radical change (be it Bolshevism as in 1917–1923 or the cultural revolution) is the main tool of conservative mobilization which represents the sole actual danger to the existing social and political order.</p> </abstract>ARTICLE2021-05-26T00:00:00.000+00:00Interpretable Machine-Learning Approach in Estimating FDI Inflow: Visualization of ML Models with LIME and H2Ohttps://sciendo.com/article/10.2478/bjes-2021-0009<abstract> <title style='display:none'>Abstract</title> <p>In advancement of interpretable machine learning (IML), this research proposes local interpretable model-agnostic explanations (LIME) as a new visualization technique in a novel informative way to analyze the foreign direct investment (FDI) inflow. This article examines the determinants of FDI inflow through IML with a supervised learning method to analyze the foreign investment determinants in Hungary by using an open-source artificial intelligence H2O platform. This author used three ML algorithms—general linear model (GML), gradient boosting machine (GBM), and random forest (RF) classifier—to analyze the FDI inflow from 2001 to 2018. The result of this study shows that in all three classifiers GBM performs better to analyze FDI inflow determinants. The variable value of production in a region is the most influenced determinant to the inflow of FDI in Hungarian regions. Explanatory visualizations are presented from the analyzed dataset, which leads to their use in decision-making.</p> </abstract>ARTICLE2021-05-26T00:00:00.000+00:00The Emergence and Restoration of the State: Latvia in 1918 and 1990https://sciendo.com/article/10.2478/bjes-2021-0005<abstract> <title style='display:none'>Abstract</title> <p>On 18 November 1918, the independent Republic of Latvia was declared in an extremely complicated international and domestic environment—the First World War was still going on, empires were collapsing, and ethnically and ideologically diverse military troops were fighting within the boundaries of Latvian territory. Despite the historical context of a previously tense relationship between Latvians and other ethnic groups, representatives of all minorities fought next to Latvians against the enemies of the Latvian state. Up until 11 August 1920, when the Peace Treaty with the Soviet Russia was signed, the prospects of <italic>de jure</italic> recognition of the newly established state were blurred; yet, the defeat of the White forces in the Russian Civil War opened the long awaited “window of opportunity”, as a result of which Latvia managed to achieve its international recognition on 26 January 1921. More than seventy years later, on 4 May 1990, when the Declaration of Independence was adopted by the Supreme Council of the Latvian Soviet Socialist Republic (SSR), the international and domestic situation was no less complicated. Latvia was forcefully incorporated into the Soviet Union in 1940 and became part of it, yet the economic and political deterioration of the Soviet Union, the national awakening in the Baltic States and other Soviet republics alongside the fall of the Berlin Wall gave momentum for the regime to change. On 21 August 1991, after the barricades and bloody clashes with the Soviet Special Purpose Police Units (OMON) in Riga on January and the failed coup d’état in Moscow in August, Latvia’s independence once again became a reality.</p> <p>In the events of the 1990s, the memories of 1918 and Latvia’s independence in the period between the two world wars were crucial. It is manifested by the fact that Latvian statehood in 1991 was not established anew but restored. Acknowledging the importance of history on contemporary identification and policy-making, this article aims to provide an insight into the history of 1917–1922 and its resonance in the contemporary situation. Using the methodology of literature analysis and historical process-tracing it will reveal the complicated process of the state’s formation and recognition in the period of 1917–1922, paying particular attention to the role of the minorities and diplomatic efforts. It will also uncover the resonance of the events of 1918–1922 in the 1990s, when Latvia’s independence from the Soviet Union was declared, focusing in particular on aspects defining the statehood of Latvia and its citizenship. In this part, it will be argued that the history of 1917–1922 was brought back when the statehood of Latvia was concerned, while overshadowed by fifty years of the Soviet occupation, when the citizenship issue was on the agenda. Indeed, not only ethnic Latvians but also minorities living in Latvia played a decisive role in the efforts of restoring Latvia’s independence. However, as a result of the Citizenship Law,<sup>1</sup> adopted in 1994, more than one-fourth of the population—in most cases, representatives of the Russian-speaking community—were denied citizenship. This practice contrasts the Act that had been adopted in the interwar period, when Latvian citizenship was granted to all ethnic groups who were living within the borders of the then agreed Latvian territory, notwithstanding their diverse ideological background. Given this fact, the article provides future research opportunities related to perceptions of history in contemporary policy-making.</p> </abstract>ARTICLE2021-05-26T00:00:00.000+00:00The Common European Investment Policy and Its Perspectives in the Context of the Case Lawhttps://sciendo.com/article/10.2478/bjes-2021-0010<abstract> <title style='display:none'>Abstract</title> <p>Current developments in the field of international investment relations are influenced by the ruling of the Court of Justice in the <italic>Achmea</italic> case, when <italic>de facto</italic> European law became superior to international law. The verdict of the Court of Justice changes the usual legal procedures and customs in the field of bilateral investment agreements. However, the impact of this court decision is an almost unexplored area due to the lack of interest of legal theorists, and it is relatively difficult to find answers to the ambiguities and problems that have arisen. The scientific study analyses the current process of introducing new rules in the field of investment policy within the European Union, which means the end of bilateral investment agreements within the European Union. It also examines the European Union’s activities in the field of foreign direct investment and the development of a stable European investment policy. Determining the goal of the scientific study is based directly on current needs and emerging practical problems in practice. Their correct understanding and application has a fundamental impact on the possibilities of rules in the field of investment policy. Due to the nature of the researched topic, we applied selected qualitative methods suitable for recognising the law. However, we also analysed scientific literature, case-law and the analogy of law, thus providing qualified answers to the application pitfalls of legal practice.</p> </abstract>ARTICLE2021-05-26T00:00:00.000+00:00The Emergence of New States in Eastern Europe in 1918—Lessons for All of Europehttps://sciendo.com/article/10.2478/bjes-2021-0001<abstract> <title style='display:none'>Abstract</title> <p>The year of 1918 was a crucial point in the history of Europe. Its importance does not only stem from the end of World War I, but also from the establishment of new states. Eastern Europe was particularly an arena where many new states emerged after the dissolution of tsarist Russia. The abovementioned process was correlated with the outcome of World War I (the defeat of the Central Powers on the Western Front and their victory on the Eastern Front against the tsarist Russia resulting in imposing their protectorate over Eastern Europe) but simultaneously it was influenced by the 1917 Bolshevik Revolution originating from a structural crisis of Russia.</p> <p>The legacy of nation-building processes, taking place in the period of 1917–1921 in the European part of the tsarist Russia— even when some of the states did not manage to survive— occupies a key role in the historical memories of those countries. The importance of this legacy originates from the fact that these states often constituted the most progressive nation-building efforts in the world. The wider context of these developments and the important interlinkages existing between them are very often unfamiliar to many Europeans today. Despite that, the state-building attempts, undertaken in Eastern Europe between 1917 and 1921, had a huge impact on the trajectory of European history. Contextualising this particular academic enquiry with the events of 1918 and benefiting from methodological advantages of process tracing, our project represents an attempt to restore (or, if necessary, build from scratch) a communicational system for sending a historical message to a wider Europe. A century after, while celebrating the Finnish, Estonian, Latvian, Lithuanian and Polish truly big anniversaries in 2017–2018, Europeans have already forgotten how interconnected and interlinked the 1918-bound events had been and by how much those events had affected the entire European continent as well as the international system.</p> </abstract>ARTICLE2021-05-26T00:00:00.000+00:00An Honourable U-Turn? Finland and New Europe after the End of the First World Warhttps://sciendo.com/article/10.2478/bjes-2021-0003<abstract> <title style='display:none'>Abstract</title> <p>The article deals with the situation of a small, newly- and uncertainly independent country that had a peculiar experience in the year 1918. The country had declared its independence in December 1917, had received the recognition from Soviet Russia, the Nordic countries, Germany and its allies, and France in January 1918. Almost simultaneously, it drifted to a civil war, in which both the Germans and the Russians participated. However, the Civil War was mainly a domestic concern, and the outcome was the defeat of an attempt at a socialist revolution and the victory of an extremely pro-German government that even elected a German king in Finland in October 1918. The project was never fulfilled, but the experience left an exceptional, pro-German mental heritage, to which the terms of the armistice of November 1918 was a shock. They were seen as unjust, revengeful and even petty—both by the Finnish “Whites” (non-socialists) and the “Reds” (socialists).</p> <p>The Versailles Treaty in 1919 did not directly concern Finland. However, it might have done so in the question of Finnish borders, which was still partly unresolved—both in the west (a strife with Sweden over the Åland Islands) and in the east (ethnically Finnish Eastern Karelia). Moreover, the Allies were uncertain whether Finland should be considered Scandinavian or Baltic. Britain and the United States had not yet recognized Finland’s independence, so in order to secure independence and territorial integrity, the Finns had to adjust to the Allies’ demands and actively drive a Western-oriented policy. This was done for the same reason why the German orientation had been previously adapted—the threat of Russia and revolution—but it was psychologically strenuous for some political circles because they felt that there was an element of dishonorable opportunism to it. However, they could offer no alternative in a situation in which a newborn state had to secure its independence and legitimacy in New Europe, adjusting to disappointments and demands.</p> </abstract>ARTICLE2021-05-26T00:00:00.000+00:00The Emergence of New States in Eastern Europe after World War I: The German Impacthttps://sciendo.com/article/10.2478/bjes-2021-0007<abstract> <title style='display:none'>Abstract</title> <p>After World War I, many borders in Europe were redrawn, especially in the northeast and southeast of Germany. Almost all political forces in Germany strived to restore the prewar German borders, especially towards Poland. Even Poland’s very existence was denied by many German political forces. The Baltic States were less important for Germany in this respect. Here the relationship with the Baltic Germans and trade relations prevailed. The independence of these states was in the eyes of German elite subordinated to the relations with Russia. The article presents this pattern of German policy until the Treaty of Rapallo in 1922.</p> </abstract>ARTICLE2021-05-26T00:00:00.000+00:00Public Administration and the Challenge to Introduce Egalitarian Legal Order: The Jewish policy of the Duchy of Warsaw (1807–1815)https://sciendo.com/article/10.2478/adhi-2020-0003<abstract> <title style='display:none'>Abstract</title> <p>The article discusses inconsistency existing in the Jewish policy of the Duchy of Warsaw, resulting from divergent normativities. Examined are the ways these normativities were handled, transformed, and conceptualised. The analysis refers to the concept of multinormativity and highlights the dynamics standing behind Jewish policy, as well as various influences on the way legal order was interpreted. Considered is the presence of legal assumptions derived from the normativities inherent in Old Polish traditions, being the main obstacle to the implementation of Napoleonic egalitarian norms. The article argues that equality claims and first attempts at their implementation existed alongside traditional ideas, social habits, and practices.</p> </abstract>ARTICLE2021-05-24T00:00:00.000+00:00Normative Konfliktlagen: Eheschließungen mit AusländerInnen in Deutschland als administrative und interkulturelle Herausforderung (ca. 1900–1930)https://sciendo.com/article/10.2478/adhi-2020-0009<abstract> <title style='display:none'>Abstract</title> <p>The article deals with the role of the registry office and registrars in the legal implementation of binational or intercultural marriages in the German Empire and the Weimar Republic, from the turn of the 20th century until the 1930s. As the article shows, these marriage applications posed a manifold challenge for the actors involved; on the one hand, in dealing with “strangeness” and, on the other, in the administrative-bureaucratic synchronization of legal and social norms. Above all, the question of gender relations, demographic fears, and eurocentrist as well as racist ideas were ultimately decisive for the perception and handling of such couple constellations and had a massive influence on the scope of action for both the fiancées and the registrars.</p> </abstract>ARTICLE2021-05-24T00:00:00.000+00:00Editorialhttps://sciendo.com/article/10.2478/adhi-2020-0001ARTICLE2021-05-24T00:00:00.000+00:00Mehrdimensionale Rechtsmaßstäbe als Herausforderung für die Verwaltung: das Beispiel der Hafenstaatkontrollehttps://sciendo.com/article/10.2478/adhi-2020-0012<abstract> <title style='display:none'>Abstract</title> <p>Using the example of so-called port state control, the article examines the phenomenon of multidimensional legal norms and the challenges they pose for public administration. It shows how the gradual introduction of port state control has enabled public authorities to gain access to foreign-flagged ships and how this has subsequently differentiated their decision-making program. The illustrative material for this historicizing study comes primarily from the 19th and 20th centuries.</p> </abstract>ARTICLE2021-05-24T00:00:00.000+00:00Litigious Bukovina: Eugen Ehrlich’s ›Living Law‹ and the Use of Civil Justice in the Late Habsburg Monarchyhttps://sciendo.com/article/10.2478/adhi-2020-0015<abstract> <title style='display:none'>Abstract</title> <p>In this paper, Eugen Ehrlich’s notion of living law is presented as a concept of multi-normativity. The culturally pluralist character of his home province, Bukovina, led Ehrlich – rightly considered a pioneer not only of the sociology of law, but also of legal pluralism and qualitative social research – to empirically explore the legal customs of its different ethnic groups as actually practised. As Ehrlich stressed the role of private societal legal transactions, his place of activity became a metaphor for a law beyond the state. However, the textbook narrative that Austrian state law has been ›dead‹ in the easternmost crown land of the Habsburg Empire does not stand up to closer scrutiny. In fact, as shown by an analysis of the monarchy’s legal statistics (that are hitherto practically unused for historical or sociological studies) and contemporary media accounts, the Bukovina witnessed an extraordinarily high litigation rate. Apart from precarious economic conditions, this was most likely an unintended consequence of civil procedural reforms. Given the Bukovina’s figurative meaning in current socio-legal discourses on law and globalisation, a proper understanding of this demand for state justice, as well as its coexistence with multiple societal normativities, is not only of historical interest.</p> </abstract>ARTICLE2021-05-24T00:00:00.000+00:00en-us-1