مجلة أبحاث قانونية

Criminal protection of the marine environment in Libyan law

Faeyza Musa Abdel Bari Musa — 2024-12-27

The research discusses aspects of environmental protection approved by the legislator for the marine environment, and to criminalize acts that result in pollution of the environment, and the resulting damage to every element of the marine environment. If it is not protected; If it is not protected, countries have recently intervened and put in place laws to criminalize every act that results in harming the marine environment, and imposed penalties on those who commit them, and they are not imposed unless the elements of the crime of pollution of the marine environment are met.

The legal provisions regarding the trade name according to Law No. 23 of 2010 concerning Libyan commercial activity

Fathiah Amhimmid Mohammed — 2024-12-27

‏The study examines the legal provisions of the trade name according to the Legislative Regulation Law No. 23 of 2010 regarding Libyan commercial activities, highlighting its significance as the primary and fundamental element of a commercial establishment. Without this name, the establishment lacks distinctiveness and independence, merely blending in with other businesses. Furthermore, the trade name is a fundamental data point for registering any commercial activity in the commercial registry. Consequently, the research emphasizes the necessity of specific procedures for registering trade names within the legislative framework.

Smart Contracts and the Challenges of their Contemporary Applications

Dr.Jamal Abdulaziz Omar Al Othman — 2024-12-27

Smart contracts are among the contracts included in the applications of artificial intelligence through what is known as the Block Chain, which has brought about major radical changes in the world of finance, economics and international trade, as well as many other fields. Through this technology, contracts and transactions can be concluded in a direct and completely automated manner. It is encrypted through software that implements the terms of the contract or transaction automatically without the need for human intervention and without the mediation of a third party or any central entity.

There is no doubt that smart contracts have become of great importance in our besieged lives in various fields that use Block Chain technology in their transactions, which has raised a number of legal problems worthy of attention and study by researchers, the most prominent of which is the formula and mechanism by which It involves concluding a contract, as well as proving and interpreting it, and its implications.

Therefore, this research entitled (Smart Contracts and the Challenges of Their Contemporary Applications) came to address the legal aspects of this new form of contracts and the challenges and problems that accompany them. The researcher followed the descriptive and analytical approach in his study and treatment of this topic. The researcher paved the way for his treatment of this topic with an introduction in which he reviewed the definition of the research topic, its problem, its importance, its objectives, the methodology that the researcher followed in preparing it, the scope of the research, and its divisions that came in two chapters. The first dealt with the concept of smart contracts, its connection to blockchain technology, and the most important applications of smart contracts in contemporary reality, while the second chapter addressed the legal provisions of this type of contract, by explaining its formation, the legal challenges of its uses, and finally, the study of civil liability for damages resulting from its uses.

The study concluded with a number of results, perhaps the most prominent of which is the difficulty of determining the necessary eligibility of both parties to the smart contract, in addition to the difficulty of interpreting the smart contract due to it being written in a programming language that only those with specializations understand and decode, in addition to the inability to modify the smart contract in the event of emergency circumstances or its breaking in the event of an accident. A case of force majeure. Therefore, the most important recommendations of this study were the necessity of enacting special legislations to regulate smart contracts, in addition to the necessity of surrounding the stage of concluding the smart contract with clear provisions that give the contract a contractual character.

Procedures for a recourse action in commercial paper according to the Mauritanian Commercial Code

Mohamed Mahmoud Abdellah Elmoctar — 2024-12-27

This research has a subject to study and analyze the requirements contained in Law No. 2000/05 issued on January 18, 2000 and the amendment included in the Mauritanian Commercial Code, these requirements related to the procedures for the exchange reversal suit for the bearer of a check against the guarantor of the fulfillment of the drawee, endorser and obligor, and the descriptive and analytical methods have been adopted for this The requirements and rulings with the opinions of the jurists in this regard.

Basis of civil liability for birth disability

Dr. Abdel Rahim Mohamed Mahgub — 2024-12-27

The topic deals with the issue of searching for a legal basis for the establishment of civil liability for the birth of a child with a disability. Is the establishment of this liability limited to the traditional basis based on the error that must be proven, and here liability is established by the availability of all its elements of error, damage, and causal relationship, or can liability be based on an objective basis, which is the damage that occurred, i.e. can the mere fact of the birth of a child with a disability be considered damage that requires compensation without the need to prove an error on the part of any person? Therefore, the Libyan legislator must intervene and regulate this liability with decisive texts.

The legitimacy of international criminalization rules and the effectiveness of their interpretation

Dr.Raga Mohamed Buhadi — 2024-12-27

The principle of legality in international criminal law raises many controversial issues, because compliance with a basic principle of the general principles of national law conflicts with the nature of the rules of international criminal law, and is also inconsistent with the dominance of the theory of sovereignty in the scope of international relations. The rule of inadmissibility of analogy and the rule of adherence to narrow interpretation - which are two pillars of criminal legality - have different connotations in the international scope, such as those related to the discretionary power recognized by the criminal judiciary in interpreting the provisions of international law. This is due to the lack of stipulation of all the detailed elements in the treaties and within the texts of the statutes of international criminal courts, and also because they are derived from customary international law, so that the powers of the judiciary are broader since the interpretation does not deal with the texts but with the judicial practices that are based on verifying the elements of reliance and obligation when referring to them. As a result of the need for the customary rule to be updated, standing on the content of the effective rule has become a mechanism for interpreting legal texts related to criminalization at the international level, so that it is easy to apply in a way that achieves international security and peace and preserves the basic values provided in international customs and principles of justice and principles General principles of public international law and principles of national penal laws.

The amicable way to recover medical damages (reconciliation)

saleh ahmed ali amrid — 2024-12-27

Achieving the right to fair compensation is what any legal system seeks, and this can only be achieved through the means guaranteed by this system, including the amicable way ‘reconciliation’. In order to avoid those injured by medical work from colliding with the many obstacles that hinder the process of obtaining compensation, a mechanism or model for compensation has been developed to achieve benefits for both patients on the one hand and doctors on the other hand. Although these mechanisms or models differ in terms of form or structure, they all aim at the same goal, which is to provide assistance to the parties to the dispute in settling it away from the judicial arena, and to constitute in their nature what achieves the advantages of reconciliation

MATERIAL RESPONSIBILITY FOR MISDEMEANOR CRIMES

Abd Alkarem Hsain Mohamed Algnain — 2024-12-27

Thise research aims to establish a criminal law in which the individual is only held accountable for sin, and nothing but sin, and this is what prompts us to say that the existence of material responsibility in the Penal Code in this form indicates a clear defect in the penal policy of the Libyan project, which reflects a conscious return to prehistoric times in determining the provisions of responsibility for misdemeanor crimes, which constitutes a violation of the general principles on which the philosophy of punishment in this legislation is base.

This may appear clear through the noticeable contraction of the role of criminal sin that characterizes the will of the perpetrator in front of the material result that is the basis of punishment for these crimes, which indicates explicitly the project's adoption of the ideas of the objective doctrine in the penal policy that it adopts, even if partially.

This explains our focus on studying the legal content of the result in these crimes and the material causality related to them. It is also necessary to shed light on the practical applications that constitute the widest scope of them. It is also necessary to shed light on the practical applications that constitute the widest scope of them through the liability arising from medical errors, and the provisions of the law of retaliation and blood money, in an effort to reach the best solutions to this problem so that the punishment does not go out of its path that revolves between the ideas of benefit and justice.

Regulating the use of transboundary river waters according to international public law

DR. BASMA S M JABALLA ELMISMARI — 2024-12-27

This period of time is characterized by an increasing decrease in water, which leads to an increase in its importance, especially fresh water, including river water, whether national or international rivers. However, national rivers do not have a problem in use according to international law, as the national river originates and flows within the same borders of the state and does not exist outside its territory.

As for international or transboundary rivers, they pass through more than one country and benefit both riparian and non-riparian countries, especially if they have international importance in the field of international navigation. This sharing of transboundary river waters may cause international disputes between countries. The importance of the research is based on studying the agreements and treaties regulating the use of international waters and examining their provisions.

The aim of the study is to know what international treaties and agreements have achieved in terms of objectives included in their texts on the ground, in the field of using water for non-navigational purposes. The problem of this study, it is to know the reasons for the existence of international disputes between the countries of the transboundary rivers or the riparian countries, under the pretext of the lack of equality or justice in the use of water, despite the existence of international agreements and treaties that regulate the division of international river waters and the use of these waters for non-navigational purposes.

The research is relied on the critical and analytical approach by searching in international legal documents under international law and trying to analyze and clarify the most important provisions and articles of these documents that regulate the use of international waters.

The research has concluded to two points: Firstly, the jurisprudential theories that emerged and the legislative treaties that were concluded are not sufficient to achieve justice between countries in use the water of rivers, as these theories and treaties sought to establish the most important basic principles for riverine countries to rely on in their use of water and their respectful treatment of other riparian countries.

Secondly, the international water problem may harm the relations between countries if it is not resolved in a way that satisfies all countries. In addition, political tension may contribute to the intensification of the problem, especially since some upstream countries view the waters of international rivers as an internal lake that God has granted them, and no one else has the right to share it.