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Article
Publication date: 15 May 2024

Mohammad Omar Mohammad Alhejaili

This study aims to investigate the integration of smart contracts into the legal framework of Saudi Arabia, spotlighting the pivotal role of blockchain technology in…

Abstract

Purpose

This study aims to investigate the integration of smart contracts into the legal framework of Saudi Arabia, spotlighting the pivotal role of blockchain technology in revolutionizing contractual processes. It evaluates the capacity of smart contracts to enhance the efficiency, security and transparency of legal transactions, while critically examining the legal challenges their adoption presents.

Design/methodology/approach

Through qualitative analysis, this research explores the operational dynamics of smart contracts, with a focus on their autonomous execution and the digital codification of contractual terms. It scrutinizes the alignment of smart contracts with the Saudi legal system, concentrating on pivotal issues such as the establishment of mutual consent, the verification of contracting parties’ capacity and adherence to conventional legal doctrines.

Findings

This study uncovers the transformative potential of smart contracts in redefining the execution of contracts, highlighting their advantages in streamlining transactions and enhancing contractual reliability. However, it also identifies significant obstacles in the path of their full integration into Saudi Arabia’s legal landscape, notably the challenge of reconciling smart contracts’ technology-driven operations with established legal norms and rectifying potential legal inconsistencies.

Originality/value

Offering fresh perspectives on the confluence of technology and law, this paper illuminates the complex task of implementing smart contracts within a legal framework that is in the process of adapting to digital innovation. It advocates for a sophisticated strategy of regulatory adjustment that promotes the legal system's evolution alongside technological progress, ensuring the effective and legally sound utilization of smart contracts.

Details

International Journal of Law and Management, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1754-243X

Keywords

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.

Details

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

Keywords

Article
Publication date: 19 October 2023

Jaffar Yakkop Alkhayer and Chander Mohan Gupta

This paper aims to examine the options available to arbitrators when they suspect money laundering during arbitration proceedings, considering their compatibility with fundamental…

Abstract

Purpose

This paper aims to examine the options available to arbitrators when they suspect money laundering during arbitration proceedings, considering their compatibility with fundamental principles and concepts of arbitration.

Design/methodology/approach

Using a doctrinal analysis approach, the paper draws on legal principles, antimoney laundering regulations and relevant literature to explore the topic. It considers relevant international treaties, standards set by the financial action task force on money laundering, cases and arguments from legal analysts and experts.

Findings

The paper identifies three options for arbitrators: disregarding suspicions, initiating an investigation or terminating the proceedings. Disregarding suspicions is deemed inappropriate, as it may facilitate the concealment of financial crimes. Initiating an investigation is seen as a preferable option, aligning with the arbitrator’s role and the public interest in nullifying contracts linked to criminal conduct. Terminating the proceedings is not recommended, as it contradicts the principle of natural justice. The paper emphasizes the importance of reasonable grounds for suspicions, notifying the parties, and allowing them to address the concerns.

Originality/value

This paper contributes to the existing literature by comprehensively analyzing the compatibility of these options with arbitration principles and concepts. It underscores the need for clear laws and directives to guide arbitrators in addressing financial crimes within the arbitration process, maintaining a balance between party autonomy and preventing the misuse of arbitration for illicit activities.

Details

Journal of Money Laundering Control, vol. 27 no. 3
Type: Research Article
ISSN: 1368-5201

Keywords

Article
Publication date: 15 May 2024

Suji Kim, John Grady and Khalid Ballouli

This paper aims to provide an integrated legal and marketing perspective on the imminent trademark challenges and opportunities for sports organizations operating in the metaverse.

Abstract

Purpose

This paper aims to provide an integrated legal and marketing perspective on the imminent trademark challenges and opportunities for sports organizations operating in the metaverse.

Design/methodology/approach

The approach is a legal commentary that explores the ways in which the current legal framework, especially in the context of trademarks, might need to transform to offer robust protection for sports brands in the virtual marketplaces emerging within the metaverse.

Findings

Our analysis reveals that the traditional legal frameworks for trademarks are often inadequate to address the unique challenges posted by the metaverse, such as the issue of virtual goods replication and the global accessibility of branded content. The findings indicate that sport organizations must adopt proactive strategies to monitor and enforce their trademark rights effectively within these expansive digital environments. Moreover, legislative bodies may need to consider reforms or new regulations specifically tailored to the complexities of trademark protection in the digital realm to prevent dilution and misuse of sport brands.

Originality/value

In light of legal and branding issues related to metaverse-based trademarks, this paper is dedicated to examining the legal principles and foundations necessary to enhance the protection of sports brands within the virtual marketplace of the metaverse.

Details

International Journal of Sports Marketing and Sponsorship, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1464-6668

Keywords

Article
Publication date: 7 May 2024

Olusola Joshua Olujobi and Oshobugie Suleiman Irumekhai

The purpose of this paper is to scrutinise the intricate relationship between the inadequate enforcement of anti-corruption laws and the application of good governance and the…

Abstract

Purpose

The purpose of this paper is to scrutinise the intricate relationship between the inadequate enforcement of anti-corruption laws and the application of good governance and the persisting prevalence of coups d'état and poverty in Africa.

Design/methodology/approach

This paper uses a doctrinal legal research approach, synthesising existing literature while extensively analysing primary and secondary legal sources. Its primary aim is to scrutinise the intricate relationship between the inadequate enforcement of anti-corruption laws and the application of good governance and the persisting prevalence of coups d'état and poverty in Africa. The choice of case study countries Burkina Faso, Chad, Gabon, Guinea, Mali, Niger and Sudan stems from their historical significance, regional diversity, data accessibility and potential insights into the interplay among anti-corruption enforcement, governance, poverty and coups d'état in Africa.

Findings

The enforcement of anti-corruption laws and the promotion of good governance are indispensable for democracy and economic stability; their suboptimal enforcement directly contributes to coups d'état and the worsening of poverty in African nations. It emphasises the imperative for African countries to consistently and proficiently enforce anti-corruption laws and adhere to principles of good governance, effectively and responsibly, to mitigate coups d'état and alleviate poverty in the region.

Originality/value

This study designs a model strategy for combating coups d'état and corruption in Africa as contribution to knowledge in the field of study.

Details

Journal of Financial Crime, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1359-0790

Keywords

Article
Publication date: 2 May 2024

Amrit Pokhrel

The purpose of publishing this viewpoint is to critically analyze the relationship between public health interventions and individual liberties, during recent and potential future…

Abstract

Purpose

The purpose of publishing this viewpoint is to critically analyze the relationship between public health interventions and individual liberties, during recent and potential future pandemics. By exploring the interplay of the right to health, privacy, and autonomy, this viewpoint seeks to highlight the complexities and challenges faced by decision-makers in balancing collective well-being with the protection of individual rights. Through detailed discussions on lockdowns, contact tracing, and international border closures, this paper aims to foster a deeper understanding of how these measures impact fundamental human rights and proposes ways to achieve harmony in future pandemics and crises.

Design/methodology/approach

The viewpoint has a qualitative approach, using critical analysis and examination of legal frameworks, scholarly literature, and real-world examples to explore the interplay between public health interventions and individual liberties during pandemics. It draws upon diverse sources, including international declarations, legal instruments, and empirical studies to elucidate the complexities of balancing collective well-being with the protection of fundamental human rights. Through in-depth discussions on lockdowns, contact tracing, and international border closures, this paper aims to provide a comprehensive understanding of the challenges and opportunities in harmonizing public health with individual liberties.

Findings

The findings of the viewpoint highlight the relationship between public health interventions and individual liberties during pandemics. It underscores the importance of balancing collective well-being with the protection of fundamental human rights, particularly the right to health, privacy, and autonomy. The analysis reveals the shortcomings of certain measures, such as restrictive lockdowns, border closure, and unchecked contact tracing in respecting individual rights. However, it also identifies opportunities for adopting an altruistic approach that upholds both public health imperatives and individual freedoms. Ultimately, the findings emphasize the need for a nuanced understanding and inclusive approach to crisis management.

Research limitations/implications

This analysis predominantly addresses the COVID-19 pandemic, potentially limiting the generalizability of findings to other public health crises. It is limited by its focus primarily on legal frameworks and theoretical analysis, which may not fully capture the practical complexities and nuances of implementing public health measures. Furthermore, while proposing ways to achieve harmony between public health and individual liberties, practical challenges and potential trade-offs in implementation are not extensively explored. Future research could benefit from empirical studies and case analyses to better understand the real-world implications of balancing public health imperatives with individual rights.

Practical implications

The viewpoint underscores the importance of adopting an altruistic approach that respects both public health imperatives and individual rights during pandemics. Practical implications include the need for policymakers to prioritize transparency, accountability, and citizen engagement in implementing public health measures. By fostering trust, ensuring data privacy, and promoting active participation, authorities can mitigate concerns about infringements on individual liberties while effectively managing public health threats. Furthermore, the analysis highlights the importance of considering diverse perspectives and potential trade-offs in decision-making processes to achieve a balanced and inclusive approach to crisis management.

Social implications

The viewpoint’s social implications lie in building a society where public health measures are implemented with respect for individual rights, fostering trust, and promoting community engagement. By prioritizing transparency, accountability and inclusivity, authorities can mitigate social tensions and promote collective resilience during pandemics. Moreover, upholding principles of equity and fairness in crisis management can help address disparities and ensure that vulnerable populations are not disproportionately affected. Overall, the viewpoint advocates for a societal framework that values both public health and individual liberties, thereby contributing to the development of a more cohesive and resilient society in the face of future health crises.

Originality/value

The originality and value of this viewpoint lie in its comprehensive exploration of the interplay between public health interventions and individual liberties during pandemics. By synthesizing legal frameworks, scholarly literature, and real-world examples, it offers unique insights into the complexities and challenges faced by decision-makers in balancing collective well-being with the protection of fundamental human rights. Additionally, the viewpoint’s proposal of an altruistic approach that respects both public health imperatives and individual freedoms contributes to the discourse on ethical crisis management. Overall, it provides valuable perspectives and recommendations for achieving harmony between public health and individual liberties in future pandemics.

Details

International Journal of Human Rights in Healthcare, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2056-4902

Keywords

Article
Publication date: 15 May 2024

Maret Priyanta and Cut Sabina Anasya Zulkarnain

This paper aims to work toward a new approach in providing green open spaces in the middle of urban land in Indonesia that has been densely built up and on it has attached land…

Abstract

Purpose

This paper aims to work toward a new approach in providing green open spaces in the middle of urban land in Indonesia that has been densely built up and on it has attached land rights. An approach is needed through a specific spatial policy that contains zoning regulations for the provision of public green open spaces on top of residential houses built on the green zoning plans.

Design/methodology/approach

This approach considers an interconnected ecological holistic approach, as previously existing regulations have not normatively identified the green open space as an ecological landscape consisting of blue open spaces and several objects that function as green open spaces.

Findings

Indonesia in terms of green open space for local climate instrument is still identified as one of the three lowest countries in Southeast Asia in the number of green open space areas. We found that the regulating process of development rights and property rights, in the construction of Indonesian law, still requires many alternative efforts to this day in providing urban green open spaces. The delivery of desired outcomes depends on the alternative policy as a form of legal politics in compensating planning and community interests through developing green open spaces in an ecoregion approach.

Originality/value

This writing was shaped by the understandings of the author with regards to the development of urban green open space regulating issues in Indonesia as one of the emerging country group in Asia and Jakarta as the second-most populous urban area in the world. This paper aims to work toward providing green urban open spaces in Indonesia that has been densely built up and on it has attached land rights, through a specific spatial policy that contains zoning regulations for the provision of public green open spaces on top of residential houses built on the green zoning plans.

Details

Journal of Property, Planning and Environmental Law, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2514-9407

Keywords

Article
Publication date: 28 February 2023

Sara Rashidian, Robin Drogemuller, Sara Omrani and Fereshteh Banakar

The application of integrated project delivery (IPD) in conjunction with building information modeling (BIM) and Lean Construction (LC) as the efficient method for improving…

Abstract

Purpose

The application of integrated project delivery (IPD) in conjunction with building information modeling (BIM) and Lean Construction (LC) as the efficient method for improving collaboration and delivering construction projects has been acknowledged by construction academics and professionals. Once organizations have fully embraced BIM, IPD and LC integration, a measurement tool such as a maturity model (MM) for benchmarking their progress and setting realistic goals for continuous improvement will be required. In the context of MMs literature, however, no comprehensive analysis of these three construction management methods has been published to reveal the current trends and common themes in which the models have approached each other.

Design/methodology/approach

Therefore, this study integrates systematic literature review (SLR) and thematic analysis techniques to review and categorize the related MMs; the key themes in which the interrelationship between BIM, IPD and LC MMs has been discussed and conceptualized in the attributes; the shared characteristics of the existing BIM, IPD and LC MMs, as well as their strengths and limitations. The Preferred Reporting Items for Systematic Reviews (PRISMA) method has been used as the primary procedure for article screening and reviewing published papers between 2007 and 2022.

Findings

Despite the growth of BIM, IPD and LC integration publications and acknowledgment in the literature, no MM has been established that holistically measures BIM, IPD and LC integration in an organization. This study identifies five interrelated and overlapping themes indicative of the collaboration of BIM, IPD and LC in existing MMs' structure, including customer satisfaction, waste minimization, Lean practices and cultural and legal aspects. Furthermore, the MMs' common characteristics, strengths and limitations are evaluated to provide a foundation for developing future BIM, IPD and LC-related MMs.

Practical implications

This paper examines the current status of research and the knowledge gaps around BIM, IPD and LC MMs. In addition, the highlighted major themes serve as a foundation for academics who intend to develop integrated BIM, IPD, and LC MMs. This will enable researchers to build upon these themes and establish a comprehensive list of maturity attributes fulfilling the BIM, IPD and LC requirements and principles. In addition, the MMs' BIM, IPD and LC compatibility themes, which go beyond themes' intended characteristics in silos, increase industry practitioners' awareness of the underlying factors of BIM, IPD and LC integration.

Originality/value

This review article is the first of a kind to analyze the interaction of IPD, BIM and LC in the context of MMs in current AEC literature. This study concludes that BIM, IPD and LC share several joint cornerstones according to the existing MMs.

Details

Smart and Sustainable Built Environment, vol. 13 no. 3
Type: Research Article
ISSN: 2046-6099

Keywords

Content available
Article
Publication date: 2 April 2024

William A. Smith and Laurence Parker

Abstract

Details

Equality, Diversity and Inclusion: An International Journal, vol. 43 no. 3
Type: Research Article
ISSN: 2040-7149

Article
Publication date: 5 March 2024

Re'Nyqua Farrington

Given the historical legacy of policing Black bodies, this research focuses on the structures of anti-Blackness within school policing and the strategies students of Color…

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Abstract

Purpose

Given the historical legacy of policing Black bodies, this research focuses on the structures of anti-Blackness within school policing and the strategies students of Color activists use as they work to defund or abolish police departments in the Los Angeles Unified School District (LAUSD).

Design/methodology/approach

Specifically, this article looks to Twitter as a counter-storytelling space for students of Color activists to organize and build movements to end anti-Black school policing. Through the frameworks of critical race theory (CRT) and Black critical theory (BlackCrit), this research applies inductive coding to analyze 42 Twitter posts from three students of Color-led organizations based in Los Angeles.

Findings

This document analysis presents four themes, which describe four dominant strategies students of Color activists use in their campaigns to defund or abolish school police in the LAUSD: (1) centering Blackness and Black student experiences, (2) making demands for the elimination of funding and support for school police, (3) calling for a shift in funding to support Black students and (4) employing multiple tactics concurrently.

Research limitations/implications

These findings demonstrate the importance of developing and centering a critical understanding of anti-Blackness to achieve racial and educational justice within social movements.

Originality/value

Moreover, the demands of students of Color activists reflect visions of public schools free from anti-Black school policing.

Details

Equality, Diversity and Inclusion: An International Journal, vol. 43 no. 3
Type: Research Article
ISSN: 2040-7149

Keywords

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