With the rapid development of globalization and informatization, the role of copyright law in balancing the rights and interests of creators and the public interest is becoming increasingly prominent. This article delves into the similarities and differences between the Marrakesh Treaty and China’s copyright law, particularly in terms of protecting the rights and interests of people with reading disabilities. The Marrakesh Treaty, as an important achievement of the World Intellectual Property Organization (WIPO), provides convenience for people with reading disabilities worldwide to access published works through limited copyright law modifications and exceptions. As a signatory of this treaty, China’s revision and implementation of its copyright law have a significant impact on the international intellectual property protection system. This article provides an overview of the background, core concepts, and limitations of the Marrakesh Treaty, and introduces the basic situation of China’s copyright law. By comparing the similarities and differences between the Marrakesh Treaty and China’s copyright law, this paper explores the provisions of both in protecting the rights and interests of people with reading disabilities, and proposes suggestions for improving China’s copyright law. These suggestions include clearly defining the scope of application of the treaty, expanding the definition of beneficiaries, adding cross-border transaction clauses for accessible works, reasonably avoiding technical protection measures, and strengthening the construction of implementation mechanisms and supervision systems. Although there are differences between the Marrakesh Treaty and China’s Copyright Law in protecting the rights and interests of people with reading disabilities, their common goal is to ensure that people with reading disabilities have equal access to cultural and educational materials through legal means, promote their social participation and cultural enjoyment. The revision process of China’s Copyright Law actively absorbs and transforms the provisions of the Marrakesh Treaty, demonstrating China’s efforts and determination in fulfilling international obligations, promoting social equity and inclusiveness.
This article advocates for a fundamental shift in England’s legal approach to professional negligence, particularly within the domains of accounting and audit. English law should move away from its intricate and unclear case law surrounding professional negligence towards a clearly defined test for professional misconduct. Drawing upon a comparative analysis with the legal framework in the United States, where auditors are not shielded from liability under the law, the article highlights the need for a more consistent and accountable legal landscape in England. One of the main aspects that necessitates change is the proximity test, as set out in the Caparo case, which currently prevents auditors from being held liable for negligence to investors (as third parties)—despite investors relying on auditors for their professional skill to audit accounts. As investors rely on audited accounts when making financial decisions, a well-defined test for professional negligence should align English law with international standards and empower victims to seek compensation from the auditors themselves and/or the auditors’ professional indemnity insurance. Such a change would enhance trust and transparency in the financial domain.
In the intricate realm of contractual law, the condition precluding action serves as a critical safeguard, ensuring that specific legitimate interests are protected within contracts and wills. This research examines this condition’s validity when based on a legitimate motive and for a reasonable duration. The study highlights a case involving an owner who violates this condition by engaging in acts such as sale or gift, raising important questions regarding the legal penalties associated with such violations. The primary objective of this research is to provide a comprehensive understanding of the legal consequences of breaching preventive clauses and to analyze how Egyptian, French, and Palestinian laws protect the interests of the stakeholders involved. The methodology adopted in this study is comparative in nature, involving a thorough analysis of the legal texts from Egyptian, French, and Palestinian laws. This involves a review of legal scholars’ opinions and relevant judicial rulings to highlight the differences in penalties and applications associated with preventive clauses. The findings reveal that both Egyptian and French laws advocate for the invalidity of actions carried out in violation of these preventive conditions. However, there is a divergence among scholars regarding the nature of this invalidity, with some arguing for absolute invalidity while others suggest relative invalidity. Conversely, the Palestinian legal framework prescribes specific penalties, indicating a variance in legislative approaches. The research concludes that the current legislative treatment of preventive conditions is insufficient and requires reform to ensure effective legal protection for affected parties. This leads to policy implications emphasizing the need to strengthen legal frameworks and enhance the clarity of legislative intentions in formulating laws related to preventive clauses. By doing so, the study aims to facilitate the achievement of legitimate interests for parties involved and ensure the enforcement of preventive conditions in a manner that upholds contractual integrity.
Families are the central nucleus of society; however, they face internal challenges that affect their functioning and stability, often manifesting in incidents of domestic and gender-based violence. The World Health Organization has classified this violence as a severe public health problem and a violation of human rights. To address this issue, the Congress of the Republic of Colombia enacted Law 2126 of 2021, introducing significant changes to the responsibilities of authorities in preventing, restoring, protecting, and repairing the rights of victims. This law provided a three-year implementation period for territorial entities, which concluded on 4 August 2023. In 2023, 119,483 cases were reported, and by June 2024, the number had reached 63,528—the highest recorded to date. This situation continued to escalate uncontrollably throughout 2024, overwhelming functional capacity and resulting in a crisis. Therefore, the objective of this study is to analyze the guarantee of rights for victims of violence in the family context, within the competencies of Family Commissariats, as outlined in Law 2126 of 2021. The methodology focuses on analyzing academic and scientific databases, including studies and articles published in indexed journals, to evaluate government measures and describe the challenges in service provision by Family Commissariats to propose conclusions. The approach is qualitative, with a hermeneutic, documentary, legal-dogmatic orientation and anthropological contributions. The results reveal that the law’s implementation has been gradual, surpassing the established deadline. Administrative, political, and financial factors identified over the three years remain unresolved in 2024. The situation for victims of physical, psychological, economic, and sexual violence within the family context has worsened due to multicausal obstacles to accessing justice in a timely, efficient, and effective manner. Consequently, there is evidence of an exponential increase in violence, underreporting, impunity, setbacks, procedural delays, normalization of violence, and re-victimization, among other issues.
Soil and groundwater remediation act has been enacted and executed since year 2000 in Taiwan. It has been ten good years till today where lots of remediation techniques progressively employed to improve Taiwan soil and groundwater resource quality. Regulatory agencies, academia, remediation consulting firms, on-site professional engineers all have contribute the proud ten years in terms of soil and groundwater clean-up contribution. However, some of technologies were un-environmental friendly even detrimental and damage to Taiwan precious soil and groundwater resources. In Article one of the current Taiwan soil and groundwater Act, it clearly stated that soil is a precious nature resources. Soil definitely is not a waste, shame on us most of current most commonly employed remediation are unlawful and merely aiming to save time and money consideration without any care to our land. Dig-and-dump and soil acid washing are damaged employed in almost every single local environment agency soil clean-up project. Lot of money, effort and time has been spent during past ten years. Most of the spending is not improving soil quality using Green approach.
This study aims to explore the precise characteristics of the issue of bequests, not solely from a jurisprudential perspective as is common among researchers, but also by linking it to its role in community development and progress. Bequests serve multiple functions that represent the ethical and cultural objectives of Sharīʿah [the ‘Divine Legislation’], which manifest in the process of uniting members of a single society. This is achieved through their contribution to building bonds of affection and compassion among individuals. Additionally, bequests have economic dimensions that consider the interests of the needy and provide them with resources to elevate their living standards. The study also presents a comparison between the contract of bequest an inheritance contract in Islamic Sharīʿah and secular laws, particularly Western ones. This is done by examining the mechanisms employed in enforcing bequests and understanding the interests sought in each, highlighting the distinct features of Islamic Sharīʿah in its consideration of kinship and both private and public interests, aiming to clear religious liability and via promoting community development while prioritizing moral and societal values. Accordingly, this study, in its examination of the subject, seeks to investigate the essence and objectives of bequests and extract the meanings endorsed by the majority of scholars who permitted bequests to heirs, conditional upon the consent of the remaining heirs. This approach considers both the significance of maintaining harmonious familial ties, and the positive impact this has on individual and community development. This will then be compared to some methods that strictly define inheritance in certain Western societies. The researcher employed both analytical and comparative methodologies, in line with the study’s requirements, noting that the nature of the research opens horizons for understanding the approaches of non-Islamic countries regarding the issue of wills, the importance of exploring the culture of the other and its foundational references, the impact of Islamic laws on others, and how the laws upon which Islamic legislations were established have benefited from Western legal obligations. This represents an extension that goes beyond legislative codification to a cultural exchange that allows us to build intellectual communication with the other, placing this research before a fundamental problem embodied in the following question: To what extent do bequests contribute to community development? And what are the communicative dimensions that comparative legislation on bequests with the other offers us?
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