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1 – 10 of over 7000Ghulam Mustafa, Waqas Rafiq, Naveed Jhamat, Zeeshan Arshad and Farhana Aziz Rana
This study aims to evaluate blockchain as an e-government governance model. It assesses its alignment with legal frameworks, emphasizing robustness against disruptions and…
Abstract
Purpose
This study aims to evaluate blockchain as an e-government governance model. It assesses its alignment with legal frameworks, emphasizing robustness against disruptions and adherence to existing laws.
Design/methodology/approach
The paper explores blockchain’s potential in e-government, focusing on legal, ethical and governance aspects. It conducts an in-depth analysis of blockchain’s integration into data governance, emphasizing legal compliance and resilient security protocols.
Findings
The study comprehensively evaluates blockchain’s implementation, covering privacy, interoperability, consensus mechanisms, scalability and regulatory alignment. It highlights governance’s critical role in ensuring legal compliance within blockchain paradigms.
Research limitations/implications
Ethical and legal concerns arising from blockchain adoption remain unresolved. The study underscores how blockchain challenges its core principles of anonymity and decentralization in e-government settings.
Practical implications
The framework outlined offers potential for diverse technological environments, albeit raising ethical and legal queries. It emphasizes governance’s pivotal role in achieving legal compliance in blockchain adoption.
Social implications
Blockchain’s impact on legal and ethical facets necessitates further exploration to align with its core principles while addressing governance in e-government settings.
Originality/value
This study presents a robust framework for assessing blockchain’s viability in e-government, emphasizing legal compliance, despite ethical and legal intricacies that challenge its fundamental principles.
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This theme will be addressed through main points: Special Nature of Investment Disputes and its methods of peaceful settlement. International legal framework governing Arbitration…
Abstract
Purpose
This theme will be addressed through main points: Special Nature of Investment Disputes and its methods of peaceful settlement. International legal framework governing Arbitration in investment disputes: A. Multilateral legal framework. B. Bilateral legal framework/Investment promotion and protection agreementsTypes of arbitration in investment disputes. The Egyptian experience in investment disputes arbitration. The National legal framework. Egypt on the map of investment disputes in the world. A case study. Conclusion: Results related to the legal framework regulating investment disputes in Egypt. Results related to The arbitration cases against Egypt.
Design/methodology/approach
The researcher investigates the subject of international arbitration in investment disputes in the framework of voluntary theory, which is based on the premise that the satisfaction of people who are addressing the international legal norm is the basis of the same rule. In other words, the basis of international law is based on the satisfaction of the State and other international legal persons Both, and then express or implied consent.
Findings
Despite the availability of domestic and regional arbitration mechanisms in Egypt represented by a large number of cases.
Research limitations/implications
The theme for the study primarily on Egypt and the international arbitration of investment disputes, through theoretical and practical study of disputes arbitration which Egypt is a party defendant in which to focus on what was issued in which the provisions of the International Center for Settlement of Investment Disputes, in an attempt to find out the reasons for the verdicts image released it, where it came mostly against Egypt, and whether these judgments against them in investment disputes due to reasons related to the legal framework of the arbitration process, or for reasons of bodies of arbitration issued by those provisions, or to the defense, which represents the Egyptian party, or to the circumstances Economic and political (which represents the investment climate).
Originality/value
The proposed solutions to improve the conditions and factors surrounding the arbitration disputes that Egypt is waging against foreign investors, whether they are initially alleged or accused of drafting agreements and contracts, through amending the relevant legislation and laws, selecting arbitration bodies and defense bodies.
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Mohammad Saeed Abdallah ALsheyab
The basis for this study on electronic transferable records (ETRs) in the context of digitalizing cross-border trade is established in this chapter. It illustrates how the growing…
Abstract
Purpose
The basis for this study on electronic transferable records (ETRs) in the context of digitalizing cross-border trade is established in this chapter. It illustrates how the growing trend toward paperless trade and technological improvements is changing trade operations. This chapter focuses on the need to look into ETRs because of their capacity to influence business transactions while navigating complex legal issues. The specific goals of the study are outlined, including a review of the advantages, legality, difficulties and best practices of ETRs. This study aims to shed light on the possible advantages and disadvantages of ETRs, the legal framework that controls their use and the best practices for their efficient implementation. This study also seeks to provide informative recommendations for businesses and people that are considering using ETRs.
Design/methodology/approach
This study explores the evolving world of ETRs and their crucial function in international trade. Multidimensional technique is used to examine the transformative potential of ETRs from a variety of research angles. The research design is based on a comprehensive evaluation of the literature that includes a wide range of reliable sources, including academic papers, business reports and legal documents. The comprehensive retrieval of essential material is ensured through keyword searches in renowned academic databases and industry resources. The qualitative synthesis of secondary sources further enhances this methodology and allows for a complex examination of the implications of ETRs. The case study analysis provides practical information on the benefits, hazards and practical applications of ETRs. Multifaceted aspects are uncovered via a thematic approach and qualitative investigation, including potential advantages, hazards, implementation plans and regulatory frameworks.
Findings
ETRs offer a range of potential advantages for cross-border trade, encompassing augmented efficiency, reduced costs and heightened security. Nonetheless, their implementation also presents legal challenges and risks, spanning security and privacy concerns, legal ambiguities and technical complexities. Consequently, it is crucial for individuals and businesses to meticulously assess and mitigate these risks through the integration of robust security protocols, staying informed about legal developments and adhering to pertinent regulatory stipulations. In spite of these hurdles, the trajectory of ETR adoption is anticipated to remain on an upward trajectory, driven by increasing recognition of their potential benefits and the concurrent evolution of legal frameworks and technical standards.
Research limitations/implications
Research limitations included the following: lack of adoption of ETRs internationally; and legal diversity and different legal systems results in different consideration of the ETRs. It makes reaching a unified ETR system more difficult.
Practical implications
It is necessary to develop clear policies and procedures and establish well-defined policies and procedures governing ETR use. These should encompass security guidelines, data protection measures and adherence to legal mandates. Regular review and updates are imperative. Stay current on legal developments: In light of the continuously evolving legal and regulatory landscape pertaining to ETRs, businesses and individuals must stay abreast of pertinent changes and seek professional counsel when necessary. Collaborate with partners and stakeholders: To ensure harmonization and standardization in ETR deployment, active collaboration with partners, regulators and industry associations is vital.
Social implications
Enhance awareness and education: Investment in awareness and educational initiatives is crucial. Decision-makers should organize training programs, workshops and seminars to enhance understanding of ETRs’ potential benefits in cross-border trade among stakeholders. Socially, the use of ETR can achieve several political advantages for the society. It minimizes risks of corruption through enhancing tracing and auditing abilities for relevant authorities making it more difficult to engage in corrupt practices. That can promote integrity within government and public procurement system.
Originality/value
The development of standardized technical frameworks and interoperable platforms for ETRs could enhance their seamless integration into existing trade systems. Additionally, investigating the integration of emerging technologies like blockchain, IoT and AI into ETR ecosystems could unlock innovative solutions to security, authenticity and data management concerns. This study examines how ETRs can radically alter how trade is conducted on a global scale. This paper examines ETRs’ role in improving cross-border trade digitization by examining their advantages, legal difficulties and implementation techniques. The conclusions will aid firms, decision-makers and attorneys in navigating the constantly changing world of trade agreements. The study’s ultimate goal is to offer takeaways that support effective, secure and legally compliant integration of ETRs, ensuring that they operate as a catalyst for improved global trade efficacy and efficiency.
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The aim of the present study is to shed light on the role of legal practitioners, namely, lawyers and notaries, in the fight against money laundering: Are they considered as…
Abstract
Purpose
The aim of the present study is to shed light on the role of legal practitioners, namely, lawyers and notaries, in the fight against money laundering: Are they considered as facilitators or obstacles against money laundering? How does the global and the EU legal framework deal with the legal professionals?
Design/methodology/approach
The research follows a deductive approach attempting to respond to questions such as: How do the lawyers’ and notaries’ societies react in front of the anti-money laundering measures that concern them and why? What are the discrepancies between the lawyers’ professional secrecy and the obligations that EU anti-money laundering legislation assigns them?
Findings
This study disclosures the response of the European union and international legal and regulatory framework as well as the reflexes of the international and European legal professionals’ associations to this danger. It also demonstrates the reaction of lawyers against European union anti-money laundering legislation, to the point that it limits not only the confidentiality principle but also the position of the European judicial systems to the contradiction between this principle and the lawyers’ obligation to report their suspicions to the authorities.
Research limitations/implications
To fulfil the study goals, it was necessary to overcome some obstacles, like the limitation of existing sources. Indeed, transnational empirical research considering the professionals who facilitate money laundering is narrow. Besides, policymakers and academics only recently expressed more interest in money laundering and its facilitators.
Originality/value
This paper fulfils an identified need to study the legal professionals’ role not only in money laundering practices but also in anti-money laundering policies.
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Xiaoxian Yang, Zhifeng Wang, Qi Wang, Ke Wei, Kaiqi Zhang and Jiangang Shi
This study aims to adopt a systematic review approach to examine the existing literature on law and LLMs.It involves analyzing and synthesizing relevant research papers, reports…
Abstract
Purpose
This study aims to adopt a systematic review approach to examine the existing literature on law and LLMs.It involves analyzing and synthesizing relevant research papers, reports and scholarly articles that discuss the use of LLMs in the legal domain. The review encompasses various aspects, including an analysis of LLMs, legal natural language processing (NLP), model tuning techniques, data processing strategies and frameworks for addressing the challenges associated with legal question-and-answer (Q&A) systems. Additionally, the study explores potential applications and services that can benefit from the integration of LLMs in the field of intelligent justice.
Design/methodology/approach
This paper surveys the state-of-the-art research on law LLMs and their application in the field of intelligent justice. The study aims to identify the challenges associated with developing Q&A systems based on LLMs and explores potential directions for future research and development. The ultimate goal is to contribute to the advancement of intelligent justice by effectively leveraging LLMs.
Findings
To effectively apply a law LLM, systematic research on LLM, legal NLP and model adjustment technology is required.
Originality/value
This study contributes to the field of intelligent justice by providing a comprehensive review of the current state of research on law LLMs.
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Maha Khemakhem Jardak, Marwa Sallemi and Salah Ben Hamad
Remuneration policies may differ from country to country, and their effect on bank stability could be due to the legal framework. Therefore, this study aims to investigate how the…
Abstract
Purpose
Remuneration policies may differ from country to country, and their effect on bank stability could be due to the legal framework. Therefore, this study aims to investigate how the legal system impacts the relationship between CEO compensation and bank stability across countries.
Design/methodology/approach
To test the study hypotheses, the authors use panel data of 74 banks operating in ten OECD countries during the period 2009–2016 and apply the generalized moments method regression model to better remediate the endogeneity problem.
Findings
The findings confirm that a country’s banking regulations significantly affect its bank stability. Common law countries have less bank stability than civil law countries. This result can be interpreted by the fact that, in common-law countries, banks’ CEO are strongly protected by the law, so they allocate a large part of bank assets to risky loans to improve their variable remuneration.
Practical implications
The research can help policymakers understand bank stability in one country. Any legal reform would require prior knowledge of how risk-taking may arise in executive compensation.
Originality/value
The contribution is to explain the controversial effect of executive compensation on bank stability in the framework of legal theory. The authors argue that regulators should monitor compensation structures and that the country’s legal origin of law shapes the CEO compensation structure and is a determinant of bank stability. To the best of the authors’ knowledge, there are no studies exploring this field. So, this study tries to shed more light on the dark side of CEOs’ behavior when undertaking risky projects to maximize their remuneration.
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Dinesh Kumar, Sunil Kumar and Akashdeep Joshi
The purpose of this paper is to provide an extensive examination and analysis of the current literature on the use of blockchain technology in courts. The paper aims to explore…
Abstract
Purpose
The purpose of this paper is to provide an extensive examination and analysis of the current literature on the use of blockchain technology in courts. The paper aims to explore the potential benefits of implementing blockchain technology in courts, such as increasing transparency and accountability, improving the efficiency of court procedures and enhancing the security of court records. Additionally, the paper intends to identify the challenges and limitations of using blockchain technology in courts and propose potential solutions to overcome these obstacles. The ultimate goal is to provide a comprehensive understanding of the potential applications and implications of blockchain technology in the context of the court system.
Design/methodology/approach
The research design of this study is qualitative, involving a thorough examination and analysis of existing literature on the use of blockchain technology in courts. The data collection procedure involves gathering information from various sources, such as academic publications, official reports and other relevant records. Data analysis is conducted using a thematic analysis approach, which identifies and categorizes recurring themes that emerge from the data. This approach ensures that the results are credible, dependable and accurate representations of the experiences of the participants. By using these methodologies, the study is able to draw meaningful conclusions and insights into the use of blockchain technology in courts.
Findings
The major findings of this paper suggest that the implementation of blockchain technology in courts has the potential to bring significant benefits such as increased transparency, efficiency and security. The use of blockchain technology in courts can enable the creation of tamper-proof records that are immutable, secure and transparent, which can help prevent fraud, reduce costs and enhance trust in the judicial system. However, adopting this technology also poses challenges and limitations, such as interoperability, governance and scalability. Overall, the paper concludes that while there are challenges to be addressed, the benefits of blockchain technology in courts are significant and should be explored further.
Research limitations/implications
The study has several limitations that need to be taken into account. Firstly, the availability of data on blockchain implementation in the court system is limited, making it challenging to provide a comprehensive analysis of the topic. Thus, the study’s findings may not be generalizable to other contexts. Secondly, the study takes a technology-centric approach and does not consider blockchain technology’s social and legal implications in court operations. Thirdly, the case studies presented in this paper are limited to a few countries. Moreover, the implementation of blockchain technology in the court system is still in its early stages and lacks standardization, technical expertise and regulatory frameworks. Lastly, uncertainty around the legal framework may hinder its widespread adoption and use.
Practical implications
The practical implications of this study suggest that the use of blockchain technology in courts has the potential to improve efficiency, security, transparency and accountability in the court system. It can reduce the risk of data tampering, expedite case resolution and lower the cost of legal proceedings. Therefore, this study provides a framework for courts to consider blockchain technology’s potential benefits and explore its future adoption.
Social implications
The social implications of this study are significant, as the adoption of blockchain technology in the court system can have a profound impact on society. Firstly, by increasing transparency and accountability, blockchain technology can promote public trust in the court system and improve access to justice, particularly for disadvantaged communities (Liu et al., 2020). Secondly, blockchain technology can reduce the reliance on intermediaries, such as lawyers, and streamline the case management process, making legal services more accessible and affordable for the general public (Khurana, 2020). Finally, the use of blockchain technology can create a more secure and efficient court system, enhancing the overall effectiveness of the judicial system and promoting public confidence.
Originality/value
This study provides an original contribution to the literature by exploring the use of blockchain technology in courts from a qualitative research design perspective. While there are a growing number of studies on the potential applications of blockchain technology in various fields, this study provides a comprehensive examination of the current literature on the use of blockchain in courts, identifying the benefits and limitations of its implementation. The study’s focus on the strengths and limitations of blockchain technology and its implications in court adds to the originality of this research.
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Ana María Zorrilla Noriega and Marco Sánchez Arias
The paper enriches the understanding of the principal challenges faced in future lawyers' education in Mexico considering global trends, particularly from the perspective of…
Abstract
Purpose
The paper enriches the understanding of the principal challenges faced in future lawyers' education in Mexico considering global trends, particularly from the perspective of skills creation in diverse areas of legal practice.
Design/methodology/approach
The framework used draws on trends identified within an international collaborative research study in which both authors participated, titled “Developing a Blueprint for Global Legal Education”. This current paper stems from the premise that these recommendations can be further developed and better utilised if explored within a specific context. The methodology designed for this research consisted of two main components: a thorough analysis of the norms that regulate the education system and the professional practice in Mexico, and an extensive literature review that provided insights into the state of global trends in legal education.
Findings
This paper reveals that in Mexico having a well-designed and comprehensive legal framework is the first step to promote the creation of high-quality educational models.
Practical implications
The study analyses the current situation in Mexico within four global trends: (1) regulation of legal education and access to the profession; (2) building professional practice skills; (3) internationalisation of education and (4) incorporation of technology and responsible innovation.
Originality/value
The reflections are intended to promote better training of law students in the skills required to face the various challenges that the legal profession currently involves. This is under an approach that analyses global challenges and identifies the best practices to connect learning processes with in-demand professional skills.
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Benny Hutahayan, Mohamad Fadli, Satria Amiputra Amimakmur and Reka Dewantara
This study aims to analyze the causes and implications of legal uncertainty in the issuance of conventional municipal bonds in Indonesia and to draw lessons from Vietnam’s…
Abstract
Purpose
This study aims to analyze the causes and implications of legal uncertainty in the issuance of conventional municipal bonds in Indonesia and to draw lessons from Vietnam’s approach in providing better legal certainty.
Design/methodology/approach
This study adopts a normative legal method with a legislative approach and applies a comparative approach. Data sources involve primary and secondary legal materials from both Indonesia and Vietnam.
Findings
The legal uncertainty is caused by a lack of coherence and consistency in legislation. Based on Vietnam’s experience, Indonesia can gain valuable insights related to providing strong legal certainty for parties involved in issuing or investing through conventional municipal bonds.
Research limitations/implications
This study focuses on the comparative legal analysis of conventional municipal bonds in Indonesia with Vietnam.
Practical implications
This research provides recommendations for the refinement of legislation regarding conventional municipal bonds to the government.
Social implications
This study is related to legal certainty as a strategy to attract investment through municipal bonds and to ensure the municipal bond issuance process is transparent and efficient.
Originality/value
This study provides a comparative perspective on the issuance of municipal bonds in Indonesia, with a special focus on Vietnam, emphasizing the urgency of harmonization in legal regulation and the sustainability of legal certainty.
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Soujata Rughoobur-Seetah, Zuberia Hosanoo and Loga Devi Balla Soupramanien
This study aims to understand and analyse the financial independence of women in small island developing states, with a focus on Mauritius. Factors such as employer choice…
Abstract
Purpose
This study aims to understand and analyse the financial independence of women in small island developing states, with a focus on Mauritius. Factors such as employer choice, domestic violence, sociological factors, lack of opportunities and empowerment and the legal framework have been identified as potential influencers of the financial independence of women.
Design/methodology/approach
A survey was conducted where residents of Mauritius were targeted to have a more generic overview of the subject matter. A response rate of 347 was received. The partial least square structural equation modeling was used to analyse the proposed framework.
Findings
A total of 12 hypotheses were proposed and only 2 hypotheses were confirmed. The sociological factors, lack of opportunities, domestic violence and employer choice appeared not to have a significant influence on the financial independence of women. The legal system had a significant influence on the financial independence of women.
Originality/value
It must be acknowledged that the literature is rich with studies on financial independence. Nevertheless, not much has been prescribed in the literature from the perspective of small developing economies and having women at the centre of the debate. The theory of gender and power and the social learning theory were used as the theoretical foundation.
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