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Book part
Publication date: 4 July 2019

Dmitry A. Lipinsky, Victoria V. Bolgova, Aleksandra A. Musatkina and Tatiana V. Khudoykina

The purpose of the research is to generalize the most perspective ideas of modern researchers and to form the authors’ position on the problem of the notion of legal conflict from…

Abstract

The purpose of the research is to generalize the most perspective ideas of modern researchers and to form the authors’ position on the problem of the notion of legal conflict from the point of view of its application in the practice of legal conflicts management. The methodology of the research consists of structural and functional approach that allows studying legal conflict as a complex system, each element of which performed a certain function. During formulation of the notion “legal conflict,” the formal and logical method of dieresis is used, which allows differentiating legal conflicts from other social conflicts and differentiating the notion from adjacent categories. The authors study the main directions of legal conflict in the modern science. Tendencies of development of ideas of legal conflict are determined. Conclusion on the necessity for formation of “flexible” definitions of the notion “legal conflict,” oriented at their application in the practice of conflict management, is substantiated. Criticism is applied toward the researchers that try to use the methods of conflict research for analysis of purely legal phenomena (legal collisions, gaps, arguments on competence, etc.). Definition of legal conflict is formed and it is shown how it is possible to build a system of diagnostics of legal conflict on its basis. It is concluded that definition of legal conflict always sets main directions of study of the phenomenon, due to which there are different definitions of the corresponding notion, depending on researcher’s orientation at studying the conflict or means of its solution. The key sign of legal conflict is the possibility of its regulation with legal means, which is realized by the conflict participants. It is necessary to view conflict as a space of opportunities – for participants and for legal bodies. It is necessary to form and develop a system of diagnostics of legal conflicts.

Details

“Conflict-Free” Socio-Economic Systems
Type: Book
ISBN: 978-1-78769-994-6

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

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Article
Publication date: 16 May 2024

Lorenzo Bruno Prataviera and Andreas Norrman

The postponement principle concerns defining when and where value is added, usually referring to hardware components for physical products. However, in modern supply chains…

Abstract

Purpose

The postponement principle concerns defining when and where value is added, usually referring to hardware components for physical products. However, in modern supply chains, software’s importance is increasing, impacting the timing and location of value-adding operations. Lacking insights into software-driven implications for postponement, we aim at elaborating on the postponement principle by contextualizing its evolution when integrating different objects (i.e. hardware and software).

Design/methodology/approach

We adopted an abductive approach to elaborate on the existing knowledge with original empirical insights. A single-case study with four subcases allowed us to explore postponement dimensions in the context of a global high-tech enterprise offering products that integrate hardware and software objects. As global supply chains involve multiple jurisdictions with heterogeneous regulations, we also analyzed in depth the emerging fiscal and legal implications.

Findings

Besides where and when value is added, the study illustrates that deciding who (i.e. what legal entity) is carrying out what operation on what kind of object is highly important. Moreover, fiscal and legal implications for the various legal entities strongly depend on what operations are executed and in which jurisdiction (where). The study identifies critical interrelationships among postponement dimensions when integrating hardware and software objects, highlighting the importance of understanding and managing their reciprocity with the emerging fiscal and legal risks.

Originality/value

We elaborate on the postponement principle by contextualizing its applications when integrating hardware and software objects in global supply chains, which include multiple jurisdictions. By formalizing the impact of the who dimension, the study contributes to developing the interorganizational perspective for postponement. Moreover, it extends the traditional cost perspective for postponement beyond the trade-off between responsiveness and cost-efficiency, suggesting that firms applying global postponement should extend their focus to also examine fiscal and legal risks for all the legal entities involved.

Details

International Journal of Physical Distribution & Logistics Management, vol. 54 no. 4
Type: Research Article
ISSN: 0960-0035

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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

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Article
Publication date: 26 April 2024

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.

Details

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

Keywords

Article
Publication date: 19 March 2024

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.

Details

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

Keywords

Article
Publication date: 1 April 2024

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.

Details

International Journal of Web Information Systems, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1744-0084

Keywords

Article
Publication date: 22 March 2024

Ghulam 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.

Details

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

Keywords

Article
Publication date: 11 March 2014

Ashley Krenelka Chase

- This selected annotated bibliography is designed to aid any user with access to the internet in performing legal research, without requiring access to expensive legal research…

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Abstract

Purpose

- This selected annotated bibliography is designed to aid any user with access to the internet in performing legal research, without requiring access to expensive legal research databases and subscription services.

Design/methodology/approach

- These online resources are regularly referred to by those hoping to help self-represented litigants or those without access to paid legal resources.

Findings

- As traditional legal research databases, such as HeinOnline, Lexis, and Westlaw become more and more expensive, while at the same time legal services become more expensive, these free and open legal research resources are increasingly important, particularly for self-represented litigants. This selected bibliography contains resources that will be helpful to librarians in all types of libraries, from public to academic, from county law libraries to large, private law school libraries.

Originality/value

- This is an original annotated bibliography that may be valuable to those working in libraries, who are regularly asked questions about legal research or resources.

Details

Reference Reviews, vol. 28 no. 3
Type: Research Article
ISSN: 0950-4125

Keywords

Book part
Publication date: 2 November 2009

Jeffrey R. Dudas

Scholars increasingly recognize the centrality of legal ideas and language to the political vision that inspires American conservatism. However, relevant studies have been limited…

Abstract

Scholars increasingly recognize the centrality of legal ideas and language to the political vision that inspires American conservatism. However, relevant studies have been limited to the discursive practices that motivate conservative activism at the grass-root level. Exploration of the legal discourses employed by prominent public officials thus carries significant scholarly potential. For example, this chapter's investigation of President Ronald Reagan reveals that his political vision was suffused with legal discourse. Reagan's legal discourse, moreover, has exerted constitutive effects both on American conservatism and on the form and substance of a great deal of contemporary American public policy.

Details

Studies in Law, Politics and Society
Type: Book
ISBN: 978-1-84950-616-8

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