European Journal of Economics, Law and Social Sciences

Publisher:: International Institute For Private Commercial And Competition Law (IIPCCL)
Publication date:: 2020-09-23

ISBN:: 2519-1284

Issue Number

No. 4-2, June 2020

Latest documents

The role of International Organizations in the statehood of Kosovo
Kosovo’s case in the international relations and in the international Law is considered to be a “Sui Generis”. Post war, Kosovo was International Protectorate under complete International Administration for almost a decade (June 1999 until February 2008), this administration was based on a UN- Security Council Resolution 1244. Kosovo has declared independence on February 2008. Resolution 1244 of UNSC is still in place, UNMIK still is operating in Kosovo even though on a very symbolic bases. After Kosovo declared Independence, new international mission has been launched in Kosovo from another International Organization, from European Union (EU), with different role and mandate, with some of the responsibilities inherited from UNMIK but under a very different political environment, now within an Independent Sovereign State internationally recognized from over 110 countries worldwide and member of over 200 international organizations. My main focus in this research will be the role of UNMIK as a United Nation Organization Mission in Kosovo and the role of EULEX as a European Union Rule of Law Mission in Kosovo as part of the European Security and Defense Policy- ESDP. Therefore this paper will study the role of this two different international missions in Kosovo that they have played in the birth of a new state. This two International mission are coming from two different international Organizations, one mission coming from global international organization such as UN and the other one from a Regional International Organization, European Union and the role that this two international Organizations have played in the statehood of Kosovo is irreplaceable. Keywords: Kosovo, UNMIK, EULEX, UNSC- 1244, SRSG, JIAS, PISG, the Comprehensive Proposal for the Kosovo Status Settlement.
Establishing fair agricultural land mortgage regulations
A mortgage is defined as a person's relationship with the land possessed by another person who has debt from that lender. As long as the debt has not been paid in full, the land remains in possession of the money lender (pledgor). During this temporary possession period, the total land yields are the right of the pawnbroker which forms the debt interest. The land redemption depends on the willingness and ability of the pledgee. A large number of mortgages last for years, decades, and even some are passed onto the heirs of the pledgee and the pledgor as the pledgee is unable to redeem his land. Keywords: Agricultural land mortgage, debts, Customary Law, establishing fair regulations.
Mandatory Mediation in Family Disputes: Limitations and Future Foresight in Kosovo
The aim of this paper relies on defining the dimension of mandatory mediation in Kosovo in family disputes in the aspects of the advantages and limitations. The resolution of a family dispute is a complex process as it carries the legal aspects of the dispute with the emotional and psychological matters. Mediation is considered to be a great fit for family disputes as it is interest-based and it focuses mainly on the future, both of which directly impact the on-going relationships between the family members. Mediation has been supported and encouraged over the last decades, yet its utilization remains scarce. Many countries have regulated mandatory mediation in accordance with the Directive 2008/52/EC in order to increase the use of mediation. Mandatory mediation in family disputes has been debated by many authors, with one side advocating it as proper and beneficial while the other side questions its reliability in the face of power imbalance and domestic violence. Mandatory mediation in Kosovo is used in specific matters in family law and it aims to offer the parties a chance to benefit from mediation as it provides a faster and cheaper alternative to the courts. The usage of mediation in Kosovo remains low which is believed to be due to the lack of recognition and understanding by the parties, lawyers and court professionals. Keywords: Mandatory, Mediation, Family Disputes, Domestic Violence, Children’s Interests.
Digital Trade and Data Protection: The Need for a Global Approach Balancing Policy Objectives
In an increasingly data-driven global economy, this contribution analyses the ambiguous relationships between global trade, cross-border data flows, and online privacy. Free data flows and localization constitutes an essential driver for E-commerce and a pre-condition for its potential success. But legal and cultural differences between national, regional and international regimes on privacy and data protection, as well as variable public policy objectives pursued by governments, may constitute a new generation of non-tariffbarriers to digital trade. This assessment makes more necessary a global approach balancing policy objectives, while enabling interoperability between differing national regimes and removing discriminatory trade barriers to cross-border data flows. For this purpose, any national privacy policy or international agreement should be based on the following three pillars: 1) adopting data protection principles and standards in accordance with OECD Privacy Guidelines; 2) setting up effective mechanisms for cooperation between national data protection commissions or authorities; and 3) providing for a “trade test” that ensures free flows and localization of data between countries, while recognizing that sometimes measures are necessary to achieve legitimate policy objectives and, in this case, such measures should be the least trade restrictive, non-discriminatory, and transparent. Keywords: Digital Trade, Data Flows, Privacy, Public Policy Objectives, OECD Privacy Guidelines, WTO Principles.
Legal Implications for The Regulatory Enforcement of the Patterns of Central and Local Government Relations in the Field of Forestry
The purpose of this study is to determine whether the legal implications of the implementation of the regulation of the relationship between the Central and Regional Government in the forestry sector at this time. This research is a normative legal research with several approaches including the law approach, concept approach, historical approach, case approach and philosophical approach. Legal material analysis techniques are carried out in perspective. The results of the study indicate that the current regulations in the forestry sector are inconsistent in regulating the relationship between the central and regional authorities, Article 18 paragraph (5) of the 1945 Constitution of the Republic of Indonesia, requiring regional governments to exercise as much autonomy as possible, except for other matters that are determined as central government affairs. In the perspective of regional autonomy, the principles of managing forest resources must reflect the nuances of the economy of the community to manage forest resources, as stipulated in the Law of the Republic of Indonesia Number 23 of 2014 concerning Regional Government, not just transferring the authority of affairs to the Regional Government, but more than that is the surrender of autonomous management of forest resources to local communities, especially local indigenous communities as manifestation of the paradigm of community-based forest resource management. Keywords: Forestry, Central and Local Government, Legal implications, regulation.
Self-regulation strategies as a learning assessment in students
The research examines the strategies of self-regulation, which are applied by students during the learning process. As an instrument in order to collect the information for this paper, is used the so-called questionnaire “Strategies and self-regulation questionnaire”, which was developed by psychologists, Printman, Smith, Garcia and McKeachie (1991), who worked at the University of Michigan. The purpose of this study is to measure the strategies of selfassessment, self-esteem and self-discovery that students show during the learning process, to understand if the students try to find different alternatives suitable for them,in orderto allow them to learn more easily. This research is a type of descriptive, and the questionnaire is applied for collecting the required data. In order to accomplish an agreeable result/estimation, the research was conducted in three parallels of seventh grade of the primary school “Migeni”, Mitrovice, Kosovo. The obtained results were analyzed by hi-square, χ2, coefficient variation, and standard deviation. The hypotheses of this research are: “Difficult teaching lessons make students/pupils to collaborate with their classmates or with the teachers”; “The students are capable of selfjudging while gaining knowledge, remembering and reproduction of them”; “The act of learning and doing homework in a specific place, without changing, impacts in higher and easier concentration. Taken in consideration the obtained results, the first and second hypotheses are verified as accurate. The hi-square of the first hypotheses is 3.13, hi-square of the second hypotheses is 4, and hi-square of the third hypotheses is 152.788. Keywords: students, self-regulation strategies, learning.
Legal Implications Authority of the Investigator of Drug and Food Monitoring Agency (BPOM) in Law Enforcement in the Field of Drug, Food, and Beverage
The existence of the Food and Drug Supervisory Agency (BPOM) which has the authority to investigate in criminal acts against food and drugs has an important role in strengthening the protection of community rights, especially in the health sector, because health concerns the quality of lifeof the people and human resources Indonesian nation. However, there are several problems faced by BPOM in carrying out their duties, including philosophical probematics of the authority of BPOM as a drug and food supervisor does not seem to provide a tendency to justice but has the potential to reverse, Theoretical Problems with BPOM authority in the form of Presidential Regulations, and Juridical Problems, namely there is an unsynchronization regarding BPOM's authority arrangement. The purpose of this research is to analyze, and find legal implications that can arise from the condition of the authority of BPOM investigators in law enforcement in the fields of drugs, food and beverages. This research uses normative legal research methods with the statute approach, and conceptual approach. The analytic technique of this research is using evaluative analysis. The results showed that although Presidential Regulation Number 80 Year 2017 provides enforcement authority which also has implications for the BPOM deputy enforcement structure, the type of presidential regulation does not provide PPNS legal force to take action optimally, so there are limitations to the role of National Land Agency (BPN) Civil Servant Investigators (PPNS). National Land Agency (BPN) Civil Servant Investigators (PPNS). Keywords: Drug and Food Control Agency (BPOM), Regulation, Authority, Legal Implications.
Legal framework for citizen participation in decision-making processes at the local level - the context of Kosovo
Public participation is essential to the promotion of democratic governance, the rule of law, social inclusion and economic development, including the fulfillment of human rights. Each country should create the legal framework for giving effect to the right to participate in public affairs by ratifying relevant international and regional treaties and incorporated them in national laws, policies and practices in order to ensure that equal right to participate in public affairs is recognized and protected within national legal framework. Despite being a fairly young democracy, Kosovo has a progressive legal framework. It has been developed with a strong support of the international community whereby majority of international instruments are incorporated within constitutional provisions and numerous positive laws. Consequently, the right to participate is entrenched in constitutional provisions, laws and bylaws of Kosovo. This paper explains the efforts undertaken in Kosovo to increase the participation of citizens in decision-making process using: normative legal method and qualitative method, by focusing on the specific analysis of the legal framework for citizen participation by comparing it with established practices which are often in conflict with the legal basis as a result of interference by political institutions. Keywords: public administration, transparency, political interference, public consultation, public policy.
Legal Implications for Legal Protection for Children as Victims of Criminal Acts of Sexual Violence in Households (Domestic Violence)
Cases of criminal acts of decency experienced by children, from time to time is increasing. In Indonesia in handling rape cases or immoral acts, victims are often placed as evidence, not as seekers of justice. This raises classic problems including philosophical problems, the legal protection it imposes as a current arrangement against children as victims of domestic violence has not been effective, Theoretical Prolematics, the system adopted by the Criminal Procedure Code (KUHAP) is retributive justice, which is a policy where the point of protection is the offender oriented rather than restorative justice which focuses on the protection policy for victims of crime and juridical problematics, policies whose point of protection is the offender oriented (offender oriented) . The purpose of this study is to find out what the legal implications of legal protection for children as victims of rape in the household. This research is a normative juridical research, then the approach used is the statutory approach, concept approach, historical approach, case approach, and philosophical approach. Legal material analysis techniques are carried out in perspective. The results showed that the legal implications of children as victims of rape in the household only accommodate acts of forced sexual intercourse in the form of penis penetration into the vagina and with evidence of physical violence due to the penetration. As a result, children cannot demand justice by using a law that has a narrow definition of the crime of rape and the experience of women victims shows that sexual violence is not merely rape or fornication, but also includes other types such as sexual harassment, coercion of marriage, sexual exploitation, coercion sterilization, sexual torture, and sexual slavery. Keywords: Rape, Legal Implications, Child Victims, Domestic Violence.
Execution of criminal decisions for juveniles and their suspension
Juvenile criminal law is characterized by special care, humanism, and efforts to "punish" the perpetrators so that the person is not harmed and oriented towards the best possible education, with the norms of civic education. The aim of the legislature is that through special care efforts be made to channel and discipline this specific category so that they feel the care of society and the state in their lives. Detailed efforts have been made to provide, through the Juvenile Justice Code, proper legal regulation of all aspects pertaining to the field of criminal proceedings, punishment and enforcement for the category of juveniles who for various reasons have participated in committing various criminal offenses. The legislator has rightly attached special importance to this category of subject, to whom society and the state have a high sensitivity, not only for the fact of their arrival as honest citizens, but also for what avoids and prevents the commission of them of future criminal offenses. Keywords: execution of criminal decisions for juveniles, juvenile criminal law, juvenile defendant.