Journal of Legal Studies

Journal of Legal Studies ONL

<abstract><title style='display:none'>Abstract</title>This article seeks to examine the rigor of civilizational values in modern international law as a crucial factor and how historically different civilizational values have inculcated different approaches to international law. While critiquing the civilizational rhetoric built by European nations in creating Eurocentric international law, this article brings how international law has been perceived by China and Russia following their historical complexities. Results emerge from this paper will demonstrate the different diversity in international law.</abstract>

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<article-title>Seeking the Civilizational Ghosts: Some Remarks on Chinese and Russian Approaches to International Law Through Civilizational Values</article-title>

Seeking the Civilizational Ghosts: Some Remarks on Chinese and Russian Approaches to International Law Through Civilizational Values

<abstract><title style='display:none'>Abstract</title>Education in India is losing its relevance. This seems much more applicable to the situation in the present day of legal education. This essay aims to focus on two aspects of legal education. Whilst, on one hand, it aims to provide details of the existing legal education system on the other, it aims to drive more attention to the various improvements and developments that are needed. The essay firstly shall describe the existing legal education system. It shall analyze and assess the curricula that are available for the various undergraduate law degrees available in India. It aims to provide an understanding of the perceived distinctions between the three-year law degree and the five-year law degree. As a second aspect, the essay aims to explore options to further the quality of legal education in India by considering examples of various law schools or colleges of law across the world that have consistently proven themselves as a cut-above not legal education and research in their global scale. Also, from the learnings of the gaps in the curricula of the law degrees as discussed previously, the essay shall provide suggestions on the various plausible collaborations with foreign law schools and universities for the benefit of the Indian law schools and colleges of law. As a third and final aspect, as a measure to curb fake or bogus law schools or colleges of law within India and to enhance the employability of law graduates in India at par with those across the globe, the essay aims to provide suggestions applicable for the present-day legal education scenario.</abstract>

<article-title>The Prospect of Legal Education: An India Overview</article-title>

The Prospect of Legal Education: An India Overview

{"article-title":"The Prospect of Legal Education: An India Overview"}

<abstract><title style='display:none'>Abstract</title>The article deals with the fundamental problems that emerged on the territory of the Czech Republic during the implementation of the asylum procedure throughout the migration crisis in the years 2015 to 2019. Problematic issues related primarily to the detention of migrant asylum seekers were identified by studying the key decisions of national and international courts. The first problematic point was the amendment to the Asylum Act, which required the courts to discontinue proceedings on the review of detention orders after the foreign national was released from detention. Due to the conflict with EU law and the impossibility to claim damages for unlawful detention, this amendment was finally annulled by the Constitutional Court. The second problem was that the factual conditions for asylum seekers in the EU Member State where the asylum seeker was to be transferred for the purpose of processing his/her asylum application, were not examined. In this regard, the situation had since been rectified and the administrative authorities and courts of the Czech Republic already take this aspect into account when deciding whether an asylum seeker detained on the territory of the Czech Republic is to be transferred to the country where he/she applied for asylum. The most serious problem is so far incomplete transposition of the Procedures Directive, in particular Article 46 of the Procedures Directive, which requires from the court to review the decisions on asylum in full jurisdiction and could possibly grant asylum itself. However, this requirement does not correspond to the concept and system of administrative courts in the Czech Republic and would require a significant and costly change. The last issue identified was the poor implementation of the Dublin III Regulation, involving not setting serious risk of absconding of an asylum seeker as a precondition for his/her detention directly in the law.</abstract>

<article-title>Asylum Proceedings in the Czech Republic During the Migration Crisis</article-title>

Asylum Proceedings in the Czech Republic During the Migration Crisis

{"article-title":"Asylum Proceedings in the Czech Republic During the Migration Crisis"}

<abstract><title style='display:none'>Abstract</title>This paper analyses the concepts of three great Romanian thinkers –theoreticians and philosophers of law – on the relations between law, morals and manners in order to discover, based on their idea filiation in the juridical Romanian culture, the differences of method and contents between them, to identify the practical implication in the field of performing the justice and law-making. Being trained and positioned in the core of the European juridical culture of their time, they reviewed the relations between law and morals, in a rationalist and humanist way, substantiating the need for the law to follow morals, the ethical principles both historically, and practically, the law-making being comprised as well. Thus, they leave room to the expression of human’s basic rights and freedoms in a democratic judicial order, while the rules of law subordinating the morals and manner proved to be widely open to totalitarianism.</abstract>

”Vasile Goldiș” Western University of Arad

<article-title>Analysis of the Connections Between Law and Morals, Between Customs and Contemporaneity</article-title>

Analysis of the Connections Between Law and Morals, Between Customs and Contemporaneity

<abstract><title style='display:none'>Abstract</title>One of the most significant developments in international law was the establishment of Special Tribunals that could bring to justice individuals allegedly responsible for “grave breaches” and violations of the law against humanity. This is, undoubtedly, a recent global development that has challenged the issues of impunity and sovereignty. Since the Nazis’ atrocities and the Nuremberg trials, war crimes law has broadened its scope and has recognized a number of offenses considered as “international crimes” and which have also come to be described as “genocide”. However, although intended to put an end to the politics of impunity for the perpetrators of these crimes, a number of signatory states are reluctant to bring to justice those responsible for these defined international crimes. Indeed, the jurisprudence developed in these Special Tribunals provided an impetus for the development of the Rome Statute for the International Criminal Court (ICC). More specifically, it has been argued that war crimes and crimes against humanity are committed by men, not by abstract entities, and only by punishing individuals who commit such heinous crimes can the provisions of international law be enforced and realized. However, a perfectly reasonable case can be made that the creation of these tribunals does represent a new era in international law.</abstract>

<article-title>The Development of Individual Criminal Responsibility Under International Law: Lessons from Nuremberg and Tokyo War Crimes Trials</article-title>

The Development of Individual Criminal Responsibility Under International Law: Lessons from Nuremberg and Tokyo War Crimes Trials

<abstract><title style='display:none'>Abstract</title>The development of informative technologies, including that of the Internet, has significantly changed the human’s life. The largest portion of civil turnover has been encompassed by e-commerce. This latter is being executed through e-contracts. The e-contract from the doctrinal point of view is considered as dealt and the existence of e-signature is an essential component of its authentication, which in its turn determines the issue of existence-absence of written form. The present article is related to the issues of legal status, technical safety and reliable environment of application of e-signature. The necessity of applying the legal instrument was conditioned by the necessity of gradual disappearance of paper-based operations’ execution practice. The application of e-document turnover is justified only in case if the authentication of the document and the signature placed on it has been followed and all this has been acknowledged by the third party. Despite the various models of e-signature, for all of them, it is important to have a reliable and safe environment, for guaranteeing the safety and signer’s identity. The article shows the issues related to legal governing of e-signature according to the legislation of Georgia, also Russian Federation, Continental Europe, Common Court member states, as well as directives and guidelines developed by international organizations.</abstract>

<article-title>Legal Regalements of E-Signature</article-title>

{"article-title":"Legal Regalements of E-Signature"}

<abstract><title style='display:none'>Abstract</title>As omission of a person is a certain manifestation of his/her internal will from outside. Exactly through inactivity, the internal will of a person materializes due to which a person becomes a participant of public relations. At the same time in the absence of external expression of will inactivity of a person can not cause the occurrence of legal consequences, in particular, to be examined as a reason of origin of tort liabilities. If a person enacted because of negligence or poor awareness, it should be defined: whether a person knew or had to know about the necessity to perform a certain action. Accordingly, if a person possessed such knowledge this form of behavior will be treated as guilty omission, if not – this is an example of innocent omission. Responsibility for illegal omission can arise only when appropriate persons are included in the system of civil and legal relationships, thus are the subjects of civil relations. Damage caused by “reflexive movements” testifies the carelessness of a person to his/her behavior, which reflects his/her will. Therefore, such behavior of a person is considered to be wrongful.</abstract>

Leonid Yuzkov Khmelnytskyi University of Management and Law

Leonid Yuzkov Khmelnytsky University of Management and Law

<article-title>Wrongful Omission as a Condition for Tort Liabilities</article-title>

Wrongful Omission as a Condition for Tort Liabilities

{"article-title":"Wrongful Omission as a Condition for Tort Liabilities"}

Journal of Legal Studies is covered by the following services: <ul> <li> Baidu Scholar </li> <li> CEEOL - Central and Eastern European Online Library </li> <li> CEJSH (The Central European Journal of Social Sciences and Humanities) </li> <li> CNKI Scholar (China National Knowledge Infrastructure) </li> <li> CNPIEC - cnpLINKer </li> <li> Dimensions </li> <li> DOAJ (Directory of Open Access Journals) </li> <li> EBSCO </li> <li> ERIH PLUS (European Reference Index for the Humanities and Social Sciences) </li> <li> EuroPub </li> <li> ExLibris </li> <li> Genamics JournalSeek </li> <li> Google Scholar </li> <li> Index Copernicus </li> <li> J-Gate </li> <li> JournalTOCs </li> <li> KESLI-NDSL (Korean National Discovery for Science Leaders) </li> <li> MyScienceWork </li> <li> Naver Academic </li> <li> Naviga (Softweco) </li> <li> Publons </li> <li> QOAM (Quality Open Access Market) </li> <li> ReadCube </li> <li> Semantic Scholar </li> <li> TDNet </li> <li> Ulrich's Periodicals Directory/ulrichsweb </li> <li> WanFang Data </li> <li> WorldCat (OCLC) </li> <li> X-MOL </li> </ul>

Journal of Legal Studies ist in den folgenden Services indiziert: <ul> <li> Baidu Scholar </li> <li> CEEOL - Central and Eastern European Online Library </li> <li> CEJSH (The Central European Journal of Social Sciences and Humanities) </li> <li> CNKI Scholar (China National Knowledge Infrastructure) </li> <li> CNPIEC - cnpLINKer </li> <li> Dimensions </li> <li> DOAJ (Directory of Open Access Journals) </li> <li> EBSCO (relevant databases) </li> <li> EBSCO Discovery Service </li> <li> ERIH PLUS (European Reference Index for the Humanities and Social Sciences) </li> <li> EuroPub </li> <li> Genamics JournalSeek </li> <li> Google Scholar </li> <li> Index Copernicus </li> <li> J-Gate </li> <li> JournalTOCs </li> <li> KESLI-NDSL (Korean National Discovery for Science Leaders) </li> <li> MyScienceWork </li> <li> Naver Academic </li> <li> Naviga (Softweco) </li> <li> Primo Central (ExLibris) </li> <li> ProQuest (relevant databases) </li> <li> Publons </li> <li> QOAM (Quality Open Access Market) </li> <li> ReadCube </li> <li> Semantic Scholar </li> <li> Summon (ProQuest) </li> <li> TDNet </li> <li> Ulrich's Periodicals Directory/ulrichsweb </li> <li> WanFang Data </li> <li> WorldCat (OCLC) </li> </ul>

Editor-in-Chief Berlingher Daniel, "Vasile Goldiş" Western University of Arad Deputy/ Managing Editor　 Dumiter Florin Cornel, "Vasile Goldiş" Western University of Arad Editorial Advisory Board Lars Kindermann, University Aschaffenburg, Germany Rudolf Welser, Research Centre for European Legal Development and Private Law Reform, University of Vienna, Austria Fryderyk Zoll, Faculty of Law, Jagelonian University of Krakow, Poland　 Shuhong Yu, Wuhan University School of Law, China Patrizia Messina, University of Padova, Italy Jan Hurdik, Universitatea Brno, Czech Republic Lajos Vekas, "Eötvös Lorand" University, Budapest, Hungary Buletsa Sibilla, Uzhorod National University of Ukraine Maurillio Gobbo, University of Padova, Italy Creţ Daniela, "Vasile Goldiş" Western University of Arad, Romania Sabău Georgeta, "Vasile Goldiş" Western University of Arad, Romania Editors Hasrat Arjjumend - CISDL, McGill University, Faculty of Law, Canada Bashar H. Malkawi, College of Law, University of Sharjah, United Arab Emirates Verica Trstenjac, University of Vienna, Austria Tatjana Josipovic, Universitatea Zagreb Croatia Mariassunta Piccinni, Department of political science, legal and international studies, University of Padova, Italy Jerzy Pisulinski, Cracovia University, Poland Ilhan Ulusan, Faculty of Law, Kültür University, Istanbul, Turkey Alex Ansong, Ghana Institute of Management and Public Administration, Faculty of Law Dmytry Byelov , Uzhorod National University of Ukraine Cătălin - Silviu Săraru, Law Department, Bucharest University of Economic Studies, Romania Claudia Roșu, Faculty of Law, West University of Timișoara, Romania Stoicu Narcisa Mihalea, "Vasile Goldiş" Western University of Arad Language Editors Laura Rebeca Stiegelbauer, "Vasile Goldis" Western University of Arad, Romania Technical Editors Eugen Remes, "Vasile Goldis" Western University of Arad Ștefania Jimon,"Vasile Goldiș" Western University of Arad Moroşteş Anca, "Vasile Goldiş" Western University of Arad Contact <A href="mailto:berlingherdaniel@yahoo.com">berlingherdaniel@yahoo.com</A> <A href="mailto:fdumiter@yahoo.com">fdumiter@yahoo.com</A> Publisher De Gruyter Poland Bogumiła Zuga 32A Str. 01-811 Warsaw, Poland T: +48 22 701 50 15

The paper must be sent to <A><A href="mailto:fdumiter@yahoo.com%20in">fdumiter@yahoo.com</A></A> in Word format document and will have the title with the following form:　 surnameauthor_firstnameauthor.doc/docx,　 where the surname and the first name will be of the first author of the paper. Article-processing Charge (APC) To publish in the Journal of Legal Studies Issues authors are not required to pay an Article Processing Charge (APC). Open Access Statement The journal is an Open Access journal that allows a free unlimited access to all its contents without any restrictions upon publication to all users. <A href="https://sciendo-parsed-data-feed.s3.eu-central-1.amazonaws.com/JLES/Open_Access_License.docx">Open Access License</A> 　 This journal provides immediate open access to its content under the <A href="https://creativecommons.org/licenses/by/4.0/">Creative Commons BY 4.0 license</A>. Authors who publish with this journal retain all copyrights and agree to the terms of the above-mentioned CC BY 4.0 license.

<DIV align=left> In 2001, within the Faculty of Legal Sciences of "Vasile Goldiş" Western University from Arad, a biannual legal journal, named "Studii Juridice" (Legas Studies) made its appearance, published at Cluj-Napoca, at the prestigious Cordial Lex Publishing House (ISSN. 1582-5442). Today after a period absence of about seven years, the journal returns in force, continuing the scientific demarche began in 2001, under a new denomination - Journal of Legal Studies -, with a new format, under the guidance the Center of Studies and Research - European Dimensions of the Romanian Law (C.S.R.E.D.R.L.) within the Faculty of Legal Sciences of "Vasile Goldiş" Western University from Arad, with a new Editorial Board, a new Scientific Board and with prestigious national and international reviewers. But we also thank all those whom supported and whom beared a hand to the comming-back of our journal, to the members of the Editorial Board, and especially to the prestigious members who accepted to be a part of Scientific Board of the Journal. Why subscribe and read <UL> <LI>It brings quality research articles. </LI> <LI>It gathers the work of national and international researchers. </LI> <LI>It fulfills an insightfully theoretical and practical research in various law domains: civil law, criminal law, tax law, commercial law, international law, family law. </LI></UL> Why submit <UL> <LI>Quality peer review process realized by intern and international reviewers. </LI> <LI>International visibility of the Scientific Board. </LI> <LI>The Editors provide fast route for the publication process and fully access to DeGruyter e-technology. </LI></UL> Rejection Rate <UL> <LI>80% </LI></UL> Target group <UL> <LI>experts in the field of Romanian Law</LI></UL> Archiving Sciendo archives the contents of this journal in <A href="https://www.portico.org/">Portico</A> - digital long-term preservation service of scholarly books, journals and collections. Plagiarism Policy The editorial board is participating in a growing community of <A href="https://www.crossref.org/services/similarity-check/">Similarity Check System's</A> users in order to ensure that the content published is original and trustworthy. Similarity Check is a medium that allows for comprehensive manuscripts screening, aimed to eliminate plagiarism and provide a high standard and quality peer-review process. </DIV>

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Journal of Legal Studies

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Volume 25 (2020): Edizione 39 (June 2020)

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