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Book part
Publication date: 28 September 2023

Bedri Bahtiri, Gani Asllani and Simon Grima

This chapter addresses the main issues regulating property rights in Kosovo, with particular attention given to the public property. Through this chapter, an effort will be made…

Abstract

This chapter addresses the main issues regulating property rights in Kosovo, with particular attention given to the public property. Through this chapter, an effort will be made to present a short historical overview of property forms in Kosovo, especially its transformation from one kind to another in the past as a part of former Yugoslavia, during the period of the 90s and for the period of UNMIK Administration, as well as an objective reflection of the current state of the legislation of the Republic of Kosovo with concern to public property.

The authors carried out a desk review of academic literature, national and international regulation, reports provided by international institutions and other available important resources. Besides the theoretical review of international and local literature, legislation in Kosovo and other relevant documents, the chapter focusses on practical research by analysing the relevant legal property acts in Kosovo and the current situation in ownership and property rights, nidificate legal vacuum and existing weaknesses.

The legal acts in Kosovo have not sufficiently regulated state property’s status, so the question of which level of power is competent to manage state property has become an object of various interpretations.

The authors herein propose a few measures to regulate real property right with special attention to one public property.

The authors define the need to regulate property forms in Kosovo and their harmonisation, such as undertaking the proper coordinated steps to have an adequate property rights regime.

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Digital Transformation, Strategic Resilience, Cyber Security and Risk Management
Type: Book
ISBN: 978-1-83797-009-4

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Book part
Publication date: 27 September 2024

Christopher W. Mullins

This chapter focuses on the US Civil War of 1861–1864, the application of the laws of war to a civil war, and gives great attention to US Army General Order 100 (aka The Lieber…

Abstract

This chapter focuses on the US Civil War of 1861–1864, the application of the laws of war to a civil war, and gives great attention to US Army General Order 100 (aka The Lieber Code), the first set of laws to direct and constrain the behavior of troops in the field.

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A Socio-Legal History of the Laws of War
Type: Book
ISBN: 978-1-83753-384-8

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Abstract

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Intelligence and State Surveillance in Modern Societies
Type: Book
ISBN: 978-1-83549-098-3

Book part
Publication date: 27 September 2024

Christopher W. Mullins

This chapter explores the nature of military law and IHL during the cold war period. It explores what treaties were completed, Additional Protocols I and II of the 1949 Geneva…

Abstract

This chapter explores the nature of military law and IHL during the cold war period. It explores what treaties were completed, Additional Protocols I and II of the 1949 Geneva Conventions, the ad hoc international tribunals of the 1990s and 2000s, and examines the ICJ’s ruling of the legality of nuclear weapons.

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A Socio-Legal History of the Laws of War
Type: Book
ISBN: 978-1-83753-384-8

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Book part
Publication date: 27 September 2024

Christopher W. Mullins

This chapter summarizes both volumes of A Socio-legal History of the Laws of War. It reexamines the key themes and how they are interconnected. It closes with a consideration of…

Abstract

This chapter summarizes both volumes of A Socio-legal History of the Laws of War. It reexamines the key themes and how they are interconnected. It closes with a consideration of the value of international law, especially the laws of war, and what may lie ahead.

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A Socio-Legal History of the Laws of War
Type: Book
ISBN: 978-1-83753-384-8

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Book part
Publication date: 8 December 2023

Jamil Ddamulira Mujuzi

In the case of Poiret & Anor v Seychelles Pension Fund & Anor (2022), the Court of Appeal, the highest court in Seychelles, took judicial notice of the fact that “[c]ommon law…

Abstract

In the case of Poiret & Anor v Seychelles Pension Fund & Anor (2022), the Court of Appeal, the highest court in Seychelles, took judicial notice of the fact that “[c]ommon law relationships are more prevalent in our society than those between married persons.” In this chapter, the author discusses the law relating to common law marriages in Seychelles by focusing on the following issues: the right to form a family (as a background to understanding common law marriages); requirements for a valid common law marriage; and the rights of parties in a common law marriage. These rights include “court granted” rights and “statutory rights” such as property rights (parties invoking the claim of unjust enrichment in the 1979 Civil Code and property orders and succession under the 2021 Civil Code at the dissolution of common law marriages). I also deal with the remedy of unjust enrichment in the context of the 2021 Civil Code; marital privilege (in case where one of the parties in a common law relationship is accused of committing an offence); and termination of a common law marriage. The author demonstrates the measures taken by courts and the legislators to protect some of the rights of people in common law marriages. The author suggests ways in which courts can interpret the relevant provisions of the 2021 Civil Code. Where necessary, the author highlights how courts or legislators in some African countries such as Kenya, Mauritius, Malawi, Tanzania, Sierra Leone, Ghana, Zambia, South Africa, Namibia, Rwanda, and Uganda have approached some of the issues above.

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Cohabitation and the Evolving Nature of Intimate and Family Relationships
Type: Book
ISBN: 978-1-80455-418-0

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Open Access
Book part
Publication date: 14 December 2023

Susanne Kalss

The chapter deals with the interface between the law of succession and corporate law and explains the completely different objects of these two fields of law. Succession law tries…

Abstract

The chapter deals with the interface between the law of succession and corporate law and explains the completely different objects of these two fields of law. Succession law tries to shift and contribute assets to the successors, whereas corporate law focuses on the well-being of the company. However, in a family business, it is necessary to find legal, social, and psychological techniques to combine these two areas and to establish strong and binding relations. This is the function of shareholder agreements and family constitutions.

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Family Firms and Family Constitution
Type: Book
ISBN: 978-1-83797-200-5

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Book part
Publication date: 27 September 2024

Christopher W. Mullins

This chapter provides a brief overview of the history of the laws of war up to the mid-1800s CE. It discusses the interconnection between social and historical forces, armies, and…

Abstract

This chapter provides a brief overview of the history of the laws of war up to the mid-1800s CE. It discusses the interconnection between social and historical forces, armies, and the laws that govern them.

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A Socio-Legal History of the Laws of War
Type: Book
ISBN: 978-1-83753-384-8

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Book part
Publication date: 19 April 2024

Rania Maktabi

This chapter discusses the extension of legal equality between male and female citizens in four states in North Africa – Tunisia, Egypt, Morocco and Algeria – through one specific…

Abstract

This chapter discusses the extension of legal equality between male and female citizens in four states in North Africa – Tunisia, Egypt, Morocco and Algeria – through one specific lens: A married woman's legal capacity to initiate and obtain divorce without the husband's consent. Building on the works of Stein Rokkan and Reinhard Bendix on the expansion of citizenship to the ‘lower classes’, it is argued that amendments in divorce law by introducing in-court divorce for women, in addition to out-of-court divorce, is a significant institutional change that extends legal equality between men and women. The introduction of in-court divorce expands female citizenship by bolstering woman's juridical autonomy and capacity in state law. Changes in divorce laws are thus part of state centralization by means of standardizing rules that regulate family law through public administrative institutions rather than religious organizations. Two questions are addressed: First, how did amendments in divorce laws occur after independence? Second, in which ways did women's bolstered legal capacity in divorce have a spill over effect on reforms in other patriarchal state laws? Based on observations on sequences of change in four states in North Africa, it is argued that amendments that equalize between men and women in divorce should be seen as a key driver for reforms in other state laws, that reduce legal inequality between male and female citizens. In all four states, women's citizenship was extended in nationality law and criminal law after amendments in divorce law gave women unilateral legal power to exit a marital relationship.

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A Comparative Historical and Typological Approach to the Middle Eastern State System
Type: Book
ISBN: 978-1-83753-122-6

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Book part
Publication date: 27 September 2024

Christopher W. Mullins

This chapter examines the explosion in International Humanitarian Law between the US Civil War and World War I. The primary foci are the Hague Conventions on land warfare and the…

Abstract

This chapter examines the explosion in International Humanitarian Law between the US Civil War and World War I. The primary foci are the Hague Conventions on land warfare and the Geneva Conventions for the sick and wounded. This body of treaties is the foundation of IHL and the modern laws of war. Most of central issues in the international laws of war emerge in this period.

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