The Intellectual Property (IP) chapter of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) is recognized for its extensive coverage, encompassing a broad range of innovation areas such as patents, trademarks, geographical indications, and copyright. This chapter sets a new global benchmark for IP protection, posing significant challenges to the existing legal frameworks of member countries and necessitating rapid adaptation, particularly for developing members like Vietnam, Malaysia, and Mexico. These nations have undertaken comprehensive revisions to their IP laws to align with the international standards established by the CPTPP. Despite their unique national contexts, the legal amendments reflect distinct strategies and methodologies in meeting international standards. This paper conducts a qualitative analysis of Vietnam, Malaysia, and Mexico, comparing their law amendment strategies, contents, and techniques across three dimensions. It highlights the distinctive characteristics and impacts of their legal revisions, offering valuable insights for other prospective developing members within the CPTPP framework on the practice of IP law reform.
Several studies have investigated Islamic endowment (Waqf), but less attention has been given to the application of legal principles of Islamic objectives in the regulation and management of Islamic endowments in Muslim communities. The primary focus of this study is to explore the legal implementation of Maqasidush-Shari’ah or otherwise known as the Objectives of Islamic Law, as evidenced in Islamic charitable endowments. This study employs an analytical research approach (ARA), systematic literature review (SLR) and content analysis (CA) to demonstrate and evaluate how the Waqf institution can be revitalized in contemporary times, drawing parallels with its effective implementation during the formative years of Islam, rooted in the principles of Maqasidush-Shari’ah. The results demonstrate that the efficacy of Waqf typically stems from the societal advantages it offers, derived from the safeguarding of faith, property, life, honour, and lineage, which are fundamental of Maqasidush-Shari’ah or objectives of Islamic law. The study further demonstrated that Islamic endowment has various benefits such as providing grant to the social development and interests to the public. However, various challenges such as knowledge deficit in the application of Shari‘ah principles in Waqf, lack of a developed framework for managing various types of Waqf among others are identified. Nonetheless, effective regulation and management of Waqf applications of Islamic objectives on Waqf. In conclusion, this study has underscored the significant contributions of the Islamic endowment system across various spheres, including social welfare, scientific advancements, economic prosperity, and healthcare, all of which align with the objectives of Islamic legal principles encapsulated in Maqasidush-Shari’ah. Hence, the research ultimately proposes several favourable elements that could bolster the resurgence of Waqf in contemporary times, reviving its significance and societal impact. It is therefore suggested that the stakeholders should enhance understanding of the policies, legal principles, and governance structures governing Waqf as an Islamic charitable foundation, substantiated by Islamic objectives (Maqasidush-Shari’ah).
This paper aims to systematically analyze the current state of plastic waste legal supervision in China and to propose a vision for future governance frameworks. In recent years, along with the vigorous rise of emerging industries such as the express delivery industry and takeaway services, the consumption of plastic products has increased sharply. This trend has triggered profound reflection and high vigilance on the issue of plastic waste supervision. This trend has triggered profound reflection and acute vigilance regarding the regulation of plastic waste. Although the Chinese government has initiated multiple regulatory measures and achieved certain outcomes, from a macroscopic perspective, the issue of plastic waste pollution remains grave, and the relevant legal and regulatory system presents a complex situation with limited enforcement efficacy. Hence, it is exceptionally urgent and significant to deeply explore and formulate legislative strategies aimed at alleviating and regulating plastic waste pollution. This paper is dedicated to systematically analyzing the current state of plastic waste legal supervision from both international and domestic dimensions, and meticulously outlining the regulatory framework for plastic waste governance in China. Through the application of legal norm research methods, this paper dissects the flaws and challenges existing in the current governance mechanisms and further conducts a comparative study of the successful practices in this field in developed countries like the United States, with the intention of drawing valuable experiences. On this basis, this paper not only offers a forward-looking outlook on China’s future legislative tendencies in plastic waste pollution but also innovatively proposes a series of new insights and recommendations. These explorations aim to provide a more solid theoretical foundation and practical guidance for the governance approach to plastic waste pollution in China, promote the improvement and enhancement of the enforcement effectiveness of environmental regulations, and thereby effectively confront the global challenge of plastic pollution.
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.
With the vigorous development of international trade and the in-depth advancement of economic globalization, China is facing the increasingly serious problem of invasive alien species, which poses a major threat to China’s ecological environment, economic development and human health. At present, although China has a comprehensive institutional norms in the prevention and control of invasion of alien species, but in the face of the challenge of invasion of alien species, China is still facing problems such as insufficient legal basis and imperfect specific legal system. Based on this understanding, this paper discusses the prevention and control of invasive alien species legal regulation, that although in recent years China has made certain achievements in the field of prevention and control of invasive alien species, but still faces a number of problems to be solved, should promote the relevant legislative amendments, and combined with the experience of developed countries to summarize the perfect.
The objective of this article is to present the analysis we conducted regarding interdisciplinarity in the training of legal professionals in the Law program at UNAD, focusing on emerging anthropocentric and biocentric perspectives that offer a different view in the training process from territorial and environmental approaches. The program, which has been in existence for three years and being the first virtual modality program authorized in Colombia, is a pioneer in its field. In consequence, we ask ourselves: What are the relevant aspects in the training of legal professionals in the face of the environmental challenges of the 21st century? For this purpose, we used a qualitative methodology with semi-structured interviews, surveys and literature review, highlighting the holistic and hermeneutic methods. We found five key aspects: a) interdisciplinary perspective in legal training; b) development of skills and competencies; c) paradigmatic changes from anthropocentrism to biocentrism from a pedagogical perspective in law; d) training of legal professionals with an environmental humanistic sense; and e) the territorial and environmental approach of the UNAD Law program. Furthermore, in the discussion, we analyzed the aspects identified above, based on complex thinking, professional skills and competences, environmental humanism and ethics in the exercise of the legal profession from a formative approach. We conclude by highlighting the importance of interdisciplinarity, critical thinking and the territorial approach as positive aspects with an opportunity for strengthening, particularly related with emerging paradigms and environmental humanism in law.
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