Search results for: Saudi legal system

Authors: A. Aldawsari

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The complex issue of women working in a mixed-gender work environment has its roots in social and cultural factors. This research was done to identify and explore the social and cultural challenges Saudi women face in a mixed-gender work environment in Saudi Arabia. Over the years, Saudi women in mixed-gender work environments in Saudi Arabia have been of interest in various research areas, especially within the context of a hospital work environment. This research, which involves a female researcher interacting one-on-one with Saudi women, will address this issue as well as the effect of the 2030 Vision in Saudi Arabia, and it will aim to include several new fields of work environments for women in Saudi Arabia. The aim of this research is to examine the perceptions of Saudi women who work in a mixed gender environment regarding the general empowerment of women in these settings. The objective of this research is to explore the cultural and social challenges that influence Saudi women's rights to work in a mixed-gender environment in Saudi Arabia. The significance of this research lies in the fact that there is an urgency to resolve issue of female employment in Saudi Arabia, where Saudi women still suffer from inequality in employment opportunity. Although the Saudi government is seeking to empower women by integrating them into a mixed-gender work environment, which is a key goal and prominent social change advocated for in the 2030 Vision, this same goal is one of the main challenges in the face of achieving female empowerment. The methodology section focuses on appropriate methods that can be used to study the effect of social and cultural challenges on the employment of women. It then determines the conditions and limitations of the research by applying a qualitative research approach to the investigation and analysing the data collected from the interviews. A statistical analysis tool, such as NVivo, will be used for the qualitative analysis of the interviews. The study found that the factor most responsible for creating social and cultural challenges is family—whether close family or distant family—more so than tribe or community.

Keywords: women, work, mixed-gender, environment

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Authors: Sultan A. Al Shaqaq

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Corrosion is a serious challenge for a piping system in our Gas and Oil Separation Plant (GOSP) that causes piping failures. Two GOSPs (Plant-A and Plant-B) observed chronic corrosion issue with an on-plot piping system that leads to having more piping replacement during the past years. Since it is almost impossible to avoid corrosion, it is becoming more obvious that managing the corrosion level may be the most economical resolution. Corrosion engineers are thus increasingly involved in approximating the cost of their answers to corrosion prevention, and assessing the useful life of the equipment. This case study covers the background of corrosion encountered in piping internally and externally in these two GOSPs. The collected piping replacement data from year of 2011 to 2014 was covered. These data showed the replicate corrosion levels in an on-plot piping system. Also, it is included the total piping replacement with drain lines system and other service lines in plants (Plant-A and Plant-B) at Saudi Aramco facility.

Keywords: gas and oil separation plant, on-plot piping, drain lines, Saudi Aramco

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Authors: Hamad Albadr

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With the development that has occurred in the orientation of universities from liability cognitive and maintain the culture of the community to responsibility job formation graduates to work according to the needs of the community development; representing universities in today's world, the prime motivator for the wheel of development in the community and find appropriate solutions to the problems they are facing and adapt to the demands of the changing environment. In this paper review of the reality of engineering education in the Kingdom of Saudi Arabia and its suitability to the requirements of the labor market, where they will be looking at the university as a system administrator educational using System Analysis Approach as one of the methods of modern management to analyze the performance of organizations and institutions, administrative and quality assessment. According to this approach is to deal with the system as a set of subsystems as components of the main divided into : input, process, and outputs, and the surrounding environment, will also be used research descriptive method and analytical , to gather information, data and analysis answers of the study population that consisting of a random sample of the beneficiaries of these services that the universities provided that about 500 professionals about employment in the business sector.

Keywords: universities in Saudi Arabia, engineering education, labor market, administrative, quality assessment

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Authors: Jennifer Donovan

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Practice collaborations between legal assistance and social support services have emerged as a growing framework worldwide for delivering services to clients with high degrees of disadvantage, vulnerability and complexity. In Australia, the past five years has seen a significant growth in these socio-legal collaborations, with programs being delivered through legal, social service and health organizations and addressing a range of issues including mental health, immigration, parental child abduction and domestic violence. This presentation is based on research currently mapping the nature of these collaborations in Australia and exploring the influence that collaborating professions are having on each other’s practice. In a similar way to problem-solving courts being seen as a systematic take up of therapeutic jurisprudence in the court setting, socio-legal collaborations have the potential to be a systematic take up of therapeutic jurisprudence in an advice setting. This presentation will explore the varied ways in which socio-legal collaboration is being implemented in these programs. It will also explore the development of interdisciplinary therapeutic jurisprudence within them, with preliminary findings suggesting that both legal and social service practice is being influenced by the collaborative setting, with legal practice showing a more therapeutic orientation and social service professions, such as social work, moving toward a legal and rights orientation.

Keywords: collaboration, socio-legal, Australia, therapeutic jurisprudence

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Authors: G. A. Kuanaliyeva, G. T. Aigarinova, G. K. Shulanbekova

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This article is devoted to judicial control in criminal legal proceedings of the Republic of Kazakhstan in the light of the new Concept of legal policy till 2020. In article the general characteristic and concept of judicial control, and also its signs and types are considered. Different views of scientists are analyzed. Foreign experiment on application of judicial control is given. The author states also the point sight on this problem and gives the definition to concept of judicial control. The code of criminal procedure of the Republic of Kazakhstan (RK Criminal Procedure Code) doesn't consolidate concept of judicial control. The author in article suggests making change and addition to the existing Code of criminal procedure of the Republic of Kazakhstan by definition of judicial control. The decree of the President of the Republic of Kazakhstan of August 24, 2009 No. 858 approved the Concept of legal policy of the Republic for the period from 2010 to 2020. The new Concept of legal policy of the Republic of Kazakhstan, defines prospects of development of national legal system of the country on the following decade. The concept of legal policy completely mentions also institute of judicial control. Since finding of the independence by Kazakhstan the set of laws, including the rights directed on providing, freedoms and a legitimate interest of citizens was accepted. Certainly, in any country, whatever democratic it was, there are problems to human rights. However, it is obvious that Kazakhstan strongly intends to guarantee all Republic of Kazakhstan proclaimed in the Constitution the rights and freedoms of the citizens. Our country seeks for creation of the constitutional state, tries to provide a guarantee from various arbitrariness in activity of competent government bodies, officials. In the concept of legal policy of the Republic of Kazakhstan it is specified: "...priority of development of the criminal procedure right there is a further consecutive realization of the fundamental principles of the criminal legal proceedings directed on protection of the rights and freedoms of the person". Judicial control just also is such guarantee.

Keywords: rights and freedoms of the person, concept, legal policy, court, judicial control

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Authors: Hend Albalawi

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Amid the dynamic use of the Arabic language worldwide, Saudi Arabia employs Modern Standard Arabic (MSA) as its formal, official language, whereas other dialects of Arabic are common in informal situations. Such trends not only maintain the powerful, state-supported status of MSA but are liable to also affect the use and status of other varieties, including Bedouin dialects, and prompt code-mixing behaviour among their speakers. Exposure to MSA and English in education in Saudi Arabia may also be liable to reduce the vitality of Bedouin dialects in the country, particularly among current generations of educated Bedouin speakers. Therefore, the proposed research will involve examining the perceived vitality of Bedouin dialects in Saudi language policies prescribing MSA as the official national language of Saudi Arabia and requiring university students to complete English-language coursework in the national education system. It will also entail identifying Bedouin speakers’ attitudes towards the use of Bedouin dialects in order to assess the need, if any, to implement policies in Saudi Arabia that can enhance the use of those dialects amid the competing use of MSA and English in the country. Empirical data collected from questionnaires and semi-structured interviews that purport patterns of the everyday use of languages among Bedouin-speaking university students in Tabuk, as well as the content of language policy documents, can clarify whether policy-based pressure to use MSA and English in mainstream educational and social activities in Saudi Arabia has jeopardised the language vitality of Bedouin dialects in north-west Saudi Arabia. The findings of the research can thus ultimately contribute to the development of policies to support and enhance the use of Bedouin dialects and, in turn, their language vitality.

Keywords: attitudes, Bedouin dialects, language policy, vitality

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Authors: M. H. Shwehdi, S. Raja Mohammad

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Recently energy savings have become more pronounced as a result of the world financial crises as well the unstable oil prices. Certainly all entities needs to adapt Energy Conservation and Management Strategies due to high monthly consumption of their spread locations and advancements of its telecom systems. These system improvements necessitate the establishment of more exchange centers as well provide energy savings. This paper investigates the impact of HVAC System Characteristics, Operational Strategies, the impact of Envelope Thermal Characteristics, and energy conservation measures. These are classified under three types of measures i.e. Zero-Investment; Low-Investment and High-Investment Energy Conservation Measures. The study shows that the Energy Conservation Measures (ECMs) pertaining to the HVAC system characteristics and operation represent the highest potential for energy reduction, attention should be given to window thermal and solar radiation characteristics when large window areas are used. The type of glazing system needs to be carefully considered in the early design phase of future buildings. Paper will present the thermal optimization of different size centers in the two hot-dry and hot-humid Saudi Arabian city of Al Khobar, East province.

Keywords: energy conservation, optimization, thermal design, intermittent operation, exchange centers, hot-humid climate, Saudi Arabia

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Authors: R. Alrashedi, A. Persaud

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This study provides insights into the readiness of users to participate in e-government activities in Saudi Arabia. A user-centric model of e-participation is developed based on a review of the literature and empirically tested. The findings are based on an online survey of a sample of 200 hundred Saudi citizens and residents living in Saudi Arabia. The study found that trust of the government, attitude towards e-participation, e-participation through the use of social media, and social influence and social identity positively influence e-participation while perceived benefits of e-government is negatively related to e-participation. This study contributes to the literature by providing empirical evidence of the drivers of e-participation. The study also provides insights that could be used by policymakers to increase the level of e-participation in Saudi Arabia.

Keywords: e-government, e-participation, social media, trust, social influence and social identity

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Authors: Md. Abdul Kader, Md. Akiz Uddin

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The Islamic banking system is based on the Islamic shariah principles. Islamic banking is set up to avoid riba (interest)--which is prohibited in Islam-- and to prevent unscrupulous practices and participate actively in achieving the welfare-oriented Islamic economy. In the process of offering Islamic banking services, practitioners have been facing several challenges. Out of many challenges, this paper particularly highlights the need for a centralized legal framework for Islamic banks that should be compliant with the shariah law. The researchers employed a qualitative method to collect case studies from high-profile Islamic Bankers and analyzed respective legal documents and policy papers to conduct the study. This study investigates the Shariah Governance Framework (SGF), amended Banking Companies Act, 1991 (Act No. 14 of 1991), and the Shariah Supervisory Board (SSB) of Islamic banks in Bangladesh to evaluate how legal framework supervise and/or monitor Islamic banking system under the jurisdiction of shariah law. The study reveals that the Shariah governance system in Bangladesh is mainly voluntary rather than regulatory, and there is an absence of full-fledged SGF. Though there is no complete Islamic Banking Act for controlling, guiding, and supervising the Islamic banks in Bangladesh, some Islamic banking provisions have already been incorporated in the amended Banking Companies Act, 1991 (Act No. 14 of 1991). Bangladesh Bank did not set up any separate Department at its Head Office to control, guide and supervise the operation of the Islamic banks. So, ensuring the implementation of Shariah principles concurrent with the legal framework of banking policies is recommended in this study. This study also prescribes that the government should enact a law or policy for the operations of Islamic banks in order to improve the Islamic Banking system of Bangladesh. In addition, the central bank can set up a Central Shariah Supervisory Board (CSSB) or authorize the existing Central Shariah Board for Islamic Banks of Bangladesh (CSBIB) to supervise and monitor overall activities of Islamic banks and resolve the disputes among the stakeholders concerning the Shariah issues of Islamic banks.

Keywords: islamic banking, shariah law, banking policies, shariah governance framework (SGF)

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Authors: Ayoub Ali Maulana

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“The success and sustainability of an Islamic finance system depends on the ability to establish a comprehensive legal and regulatory framework that supports synergy amongst the components in the system”. Numbers of banks have introduced Islamic banking windows claiming that their products follow Islamic banking values without any compromise. National Bank of Commerce Limited, Stanbic Bank Limited, Kenya Commercial Bank, The Peoples Bank of Zanzibar and Amana Bank Limited are some of the banks which offer Islamic banking products in Tanzania. To date, there is no single provision in Tanzanian laws that speak of Islamic banking activities in the country. Despite the fact that consultancy commissioned to International Monetary Fund (IMF) to research on the best laws to govern Islamic banking industry in the country, the speed is not encouraging in making sure that the same is introduced as soon as possible. This paper highlights the trend of the banking services in Tanzania and examines the application of Islamic banking system in the Tanzanian conventional banking environment. In particular the paper considers whether the Islamic banking services in Tanzania can survive without an appropriate legal framework that accommodates it.

Keywords: islamic banks, interest, islamic windows, Tanzania

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Authors: Haga Elimam

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The study has contributed to determine the degree to which the women of Saudi Arabia play an imperative role in the developmental processes. This research provided a twofold objective to motivate Saudi females to take part in the development of society. The quantitative design has been implied for assessing outcomes through descriptive statistics techniques. The data has been analyzed by regression analysis. The outcomes of the study showed that when women were provided with health and educational necessities and adequate opportunities, they were able to contribute effectively in achieving desired developmental objectives for the nation. Saudi women constitute approximately half of the society; thus, they are equally provided health and justice rights. It has been concluded through the results of the study that the nature of Saudi society, customs, traditions, and beliefs affect the role played by women of Saudi Arabia. This study examines the tangible changes that comprised all aspects of life due to international exposure.

Keywords: social development, social service, sustainable development, civil society and educational sector

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Authors: Dania Aljouhi

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September 26th, 2017, is a historic date for all women in Saudi Arabia. On that day, Saudi Arabia announced the decree on allowing Saudi women to drive. With the advent of vision 2030 and its goal to empower women and increase their participation in Saudi society, we see how Saudis’ Twitter users deliberate the 2017 decree from different social, cultural, religious, economic and political factors. This topic bridges social media 'Twitter,' gender and social-cultural studies to offer insights into how Saudis’ tweets reflect a broader discourse on Saudi women in the age of social media. The present study aims to explore the meanings and themes that emerge by Saudis’ Twitter users in response to the 2017 royal decree on women driving. The sample used in the current study involves (n= 1000) tweets that were collected from Sep 2017 to March 2019 to account for the Saudis’ tweets before and after implementing the decree. The paper uses semantic and thematic network analysis methods to examine the Saudis’ Twitter discourse on the women driving issue. The paper argues that Twitter as a platform has mediated the discourse of women driving among the Saudi community and facilitated social changes. Finally, framing theory (Goffman, 1974) and Networked framing (Meraz & Papacharissi 2013) are both used to explain the tweets on the decree of allowing Saudi women to drive based on # Saudi women-driving-cars.

Keywords: Saudi Arabia, women, Twitter, semantic network analysis, framing

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Authors: Mai Al-Subaie

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This research suggests that women in traditional families of Saudi Arabia are divided into two groups, the one who conform to the society and the new type of women that has been emerged due to the changing and development of the culture, who do not want to conform to the rules. The factors underlying the differences were explored by using a test and an interview. That concluded some of the main factors that were a real effect of why some women still want to follow the society and traditional rules, and other want to break free.

Keywords: conformity, non conformity, females, Saudi Arabia

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Authors: Shaya Alshahrani

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Perceived risks play a major role in consumer intentions, behaviors, attitudes, and decisions about online shopping in the KSA. This paper investigates the influence of six perceived risk dimensions on Saudi consumers: product risk, information risk, financial risk, privacy and security risk, delivery risk, and terms and conditions risk empirically. To ensure the success of this study, a random survey was distributed to reflect the consumers’ perceived risk and to enable the generalization of the results. Data were collected from 323 respondents in the Kingdom of Saudi Arabia (KSA): 50 who had never shopped online and 273 who had done so. The results indicated that all six risks influenced the respondents’ perceptions of online shopping. The non-online shoppers perceived financial and delivery risks as the most significant barriers to online shopping. This was followed closely by performance, information, and privacy and security risks. Terms and conditions were perceived as less significant. The online consumers considered delivery and performance risks to be the most significant influences on internet shopping. This was followed closely by information and terms and conditions. Financial and privacy and security risks were perceived as less significant. This paper argues that introducing adequate legal solutions to addressing related problems arising from this study is an urgent need. This may enhance consumer trust in the KSA online market, increase consumers’ intentions regarding online shopping, and improve consumer protection.

Keywords: perceived risk, online contracts, Saudi Arabia, consumer protection

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Authors: Rasha A. Salameh

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This research attempts to evaluate the treatment provided by the Qatari media to the decision to allow Saudi women to drive, and then activate this decision after a few months, that is, within the time frame between September 26, 2017 until June 30, 2018. This is through asking several questions, including whether the political dispute between Qatar and Saudi Arabia has cast a shadow over this handling, and if these Qatari media handlings are used to criticize the Saudi regime for delaying this step. Here emerges one of the research hypotheses that says that the coverage did not have the required professionalism, due to the fact that the decision and its activation took place in light of the political stalemate between Qatar and the Kingdom of Saudi Arabia, which requires testing the media framing and agenda theories to know to what extent they apply to this case. The research dealt with a sample of five Qatari media read in this sample: Al-Jazeera Net, The New Arab Newspaper, Al-Sharq Newspaper, The Arab Newspaper, and Al-Watan Newspaper. The results showed that most of the authors who covered the decision to allow Saudi women to drive a car did not achieve a balance in their writing, and that almost half of them did not have objectivity, and this indicates the proof of the hypothesis that there is a defect in the professional competence in covering the decision to allow Saudi women to drive cars by means of Qatari media, and the researcher attributes this result to the political position between Qatar and Saudi Arabia, in addition to the fact that the Arab media in most of them are characterized by a low ceiling of freedom, and most of them are identical in their position with the position of the regime’s official view.

Keywords: Saudi women, objectivity, hate speech, stereotype

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Authors: Katarzyna Kamińska

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The main purpose of the work is to present the results of the studies regarding joint physical custody in the Polish legal system. The issues addressed fit into the ongoing process of modernising family law regulations and their adaptation to changing social reality in Poland. The Polish legislator now faces a dilemma: whether to introduce into Polish law a developed substantive or procedural regulation of joint physical custody and then whether it should be considered a legal presumption. Joint physical custody after divorce or separation is theoretically possible in Poland. It can either follow from the court’s independent proposal based on the assessment of the circumstances or from the parenting plan submitted by parents wishing to jointly retain full parental authority. However, joint physical custody does not result directly from the Polish Family and Guardianship Code. Therefore, there is real legal uncertainty in this matter, which leads to different treatment of citizens by the public authorities and courts. Another problem is that joint physical custody is misunderstood by the Polish courts. The main thesis of the work is that joint physical custody does not only mean the system of symmetrical child care (50/50), and the possibility to award joint physical custody will require the courts to carefully weigh the pros and cons of such an arrangement in each individual case.

Keywords: joint physical custody, shared parenting, divorce, separation, parental authority

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Authors: Isaac Kfir

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In thinking about the role of the law and its impact on socially constructed norms and identities, scholars have come to explore a multitude of issues to do with equality, empowerment, and views. The aim of this contribution is threefold. Firstly, offer a descriptive framework of feminist legal studies (FLS) through a review of the evolution of the field in the context of equality, rights, and justice. Secondly, encourage those working on equality, rights, and justice in respect to ‘women’s issues’ to engage in international comparative legal studies. Third, to highlight that those seeking solutions to disempowerment and discrimination must recognize that they need to contend with claims that one is seeking to undermine cultural norms. Therefore, one effective way for feminists to address this situation is by relying more on the international legal mechanism, which reflects basic legal tenets as to the universality of equality, rights, and justice, that can then help shape the domestic setting.

Keywords: international comparative law, feminist legal studies, equality, rights, justice

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Authors: Ibrahim Mahamid, A. Al-Ghonamy, M. Aichouni

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This study is conducted to identify causes of cost deviations in public construction projects in Saudi Arabia from contractors’ perspective. 41 factors that might affect cost estimating accuracy were identified through literature review and discussion with some construction experts. The factors were tabulated in a questionnaire form and a field survey included 51 contractors from the Northern Province of Saudi Arabia was performed. The results show that the top five important causes are: wrong estimation method, long period between design and time of implementation, cost of labor, cost of machinary and absence of construction-cost data.

Keywords: cost deviation, public construction, cost estimating, Saudi Arabia, contractors

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Authors: Paulina Dwuznik

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For students of legal English, the skill of mediation is of special importance as it constitutes part of their everyday work. Developing the skill of mediation requires developing linguistic, communicative, textual, pragmatic, interactive, social, and intercultural competencies. The study conducted at the Open University of the University of Warsaw compared the results of a questionnaire concerning the needs of legal professionals relating to mediation tasks, which they perform at work with the analysis of the content of different legal English handbooks with special stress on the development of intercultural competence necessary in interlinguistic mediation. The study found that legal English handbooks focus mainly on terminology study, but some of them extend students' intercultural competence in a way which may help them to perform tasks of mediating concepts, texts, and communication. The author of the paper will present the correlation between intercultural competence and mediation skill and give some examples of mediation tasks which may be based on comparative intercultural content of some chosen academic legal English handbooks.

Keywords: intercultural competence, legal English, mediation skill, teaching

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Authors: Rana Alghamdi

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This study explored teachers’ perceptions of rough-and-tumble (R&T) play in early childhood education in Saudi Arabia. The literature on rough-and-tumble play in Saudi Arabia is limited in scope, and more research is needed to explore teachers’ perceptions on this type of play for early learners. The pertinent literature reveals that R&T play, which includes running, jumping, fighting, wrestling, chasing, pulling, pushing, and climbing, among other rough playful activities, can positively impact learning and development across psychosocial, emotional, and cognitive domains. Teachers’ understanding of R & T play is key, and the attitudes of Saudi early childhood teachers who are responsible for implementing curriculum-based play have not been fully researched. Four early childhood teachers from an urban Saudi preschool participated in the study. The data collected in this study were interpreted through a sociocultural lens. Data sources included in-depth interviews, photo-elicitation interviews, and participant-generated drawings. Three overarching themes emerged: teachers’ concerns about rough-and-tumble play, teachers’ perceptions about the benefits of rough-and-tumble play, and teachers’ expression of gender roles in R & T play as contextualized within Saudi culture. Saudi teachers’ perceptions are discussed in detail, and implications of the findings and recommendations for future research are put forth.

Keywords: rough and tumble play, gender, culture, early childhood, Saudi Arabia

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Authors: Dalia Almaghaslah

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Design thinking approach; empathize, define, ideate prototype, test, implement, was used to assess outpatient experiences in two hospital pharmacies in the Asir region, Saudi Arabia. Semi-structured interviews were conducted with 40 patients. The data were analyzed using thematic analysis. The findings suggested that patients were generally satisfied with pharmaceutical services provided in both pharmacies. Pharmacists were found to have enough knowledge, good attitude, and efficient communication and counselling skills. Non-pharmacy-related factors such as cultural factors (gender segregation), long waiting times, uncomfortable waiting areas, lack of electronic prescribing, number waiting system were found to have a negative impact on patients' experiences and satisfaction. Prototypes will be used to test the effects of implementing the electronic system in Al -mahal hospital and to test changing the physical layout of the waiting area in Asir hospital.

Keywords: design thinking, hospital pharmacy, patient satisfaction, Saudi Arabia

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Authors: Muhammad Ilham Agus Salim, Saufa Ata Taqiyya

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In many Muslim countries, secularization has successfully reduced the role of Islamic law as a formal legal source during this last century. The most obvious fact was the reform of Daulah Utsmaniyah to be Secular Republic of Turkey. Religion is strictly separated from the state authorities in many countries today. But these last decades in Indonesia, a remarkable fact is apparent. Islamic law has expanded its role in Indonesian legal system, especially in districts regulations. In Aceh province, as a case in point, shariah has been the basic source of law in all regulations. There are more provinces in Indonesia which adopted Islamic law as a formal legal source by the end of 2014. Different from some other countries which clearly stipulates the status of Islam in formal ways, Indonesian constitution formally does not render any recognition for Islam to be the formal religion of the state. But in this Muslim majority country, Islamic law takes a place in democratic way, namely on the basis of the voice of majority. This paper will analyze how this reality increases significantly since what so called by Indonesian reformation era (end of nineties). Some causes will be identified regarding this tendency of expansion of role. Some lessons learned also will be recommended as the concluding remarks by the end of the paper.

Keywords: Islamic law, Indonesia, legal reform, Syariah local regulation

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Authors: Sumeyra Yakar

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The idea of this research had its genesis from the writer's interest in Shi'i school and religio-political atmosphere in contemporary Iran. The research aims to identify how the past dynamics between political and legal figures and their relationship between each other affect contemporary relationship between political and religious authorities at the local and global level. It attempts to explore religio-politic Shi'i figures and their relationship with the official jurisprudence from the 15th century to the contemporary period. The mutual interaction between the opinion and acts of political figures and jurisprudential institutions enlightens the role of religious values to control the mass population. After the collapse of the Safawīd Dynasty, Shi'i believers lost their political guardian and legal independence, and the situation gave them the inspiration to create unique ideologies or political approaches to solve the governance crisis. The analysis of authoritative political figures and their scholastic contributions elucidate the connection between political powers and religious doctrines under the protection of sectarian oriented theocratic governments. Additionally, understanding the incremental influence of political (historical) Shi'i figures into religious doctrines shed lights on the chronological development of peculiar government style and authoritative hierarchy in contemporary Shi’i communities. The research as being interdisciplinary one offers to create an academic awareness between legal and political factors in Shi’i school of thought and encompasses political, religious, social, financial and cultural atmospheres of the countries in which the political figures lived. The Iranian regime enshrines the principle of vilāyāt-i faqīh (guardianship of the jurist) which enables jurists to solve the conflict between law as an ideal system, in theory, and law in practice. The paper aims to show how the religious, educational system works in harmony with the governmental authorities with the concept of vilāyāt-i faqīh in Iran and contributes to the creation of religious custom in the society. Contemporary relationship between the political figures and religious authorities in Iran will be explained by religio-legal dimensions. The methodology that will be applied by the study has been chosen in order to acquire information and deduce conclusions from the opinions of the scholars. Thus, the research method is mainly descriptive and qualitative. Three lines of description are pursued throughout the study; the explanation of political ideas belonging to the religio-political figures theoretically depending on written texts; the description of approaches adopted by contemporary Iranian and Saudi scholars relating to the legal systems (theoretically); and the explanation of the responses of governmental authorities.

Keywords: clergy (‘ulamā), guardianship of the jurist (vilāyāt-i faqīh), Iran, Shi’i figures

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Authors: Andrea Borroni

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The evolution of technology, the global scale of economy, and the new short-term employment contracts make a very peculiar set of disposition of raising interest for the legal interpreter: the employee inventor compensation. Around the globe, this issue is differently regulated according to the legal systems; therefore, it is extremely fragmented. Of course, employers with transnational businesses should face this issue from a comparative perspective. Different legal regimes are available worldwide awarding, as a consequence, diverse compensation to the inventor and according to their own methodology. Given these premises, the recourse to comparative law methodology (legal formants, diachronic and synchronic methodology, common core approach) is the best equipped to face all these different national approaches in order to achieve a tidy systematic. This research, so, elaborates a map of the specific criteria to grant the compensation for the inventor and to show the criteria to calculate them. This finding has been the first step to find out a common core of the discipline given by the common features present in the different legal systems.

Keywords: comparative law, employee invention, intellectual property, legal transplant

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Authors: Dalia Perkumiene

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The process of globalization has several unforeseen negative effects on the quality of the environment, including increased pollution, climate change, and the depletion and destruction of natural resources. The impact of these processes makes it difficult to guarantee citizens' rights to a clean environment, and complex legal solutions are needed to implement this right. In order to implement human rights in a clean and safe environment, international legal documents and court rulings are analyzed. It is important to find a balance between the legal context: the right to a clean environment and environmental challenges such as climate change and global warming. Research Methods: The following methods were used in this study: analytical, analysis, and synthesis of scientific literature and legal documents, comparative analysis of legal acts, and generalization. Major Findings: It is difficult to implement the right to a clean, safe and sustainable environment. The successful implementation of this right depends on the application of various complex ideas and rational, not only legal solutions. Legislative measures aim to maximize the implementation of citizens' rights in the face of climate change and other environmental challenges. This area remains problematic, especially in international law. Concluding Statement: The right to a clean environment should allow a person to live in a harmonious system, where environmental factors do not pose a risk to human health and well-being.

Keywords: clean and safe and clean environmen, environmen, persons’ rights, right to a clean and safe and clean environment

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Authors: Donato Vese

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According to the common interpretation, in a legal system, public powers are established by law. Exceptions are admitted in an emergency or particular relationship with public power. However, we currently agree that law allows public administration a margin of decision, even in the case of non-discretionary acts. Hence, the administrative decision not exclusively established by law becomes the rule in the ordinary state of things, non-only in state of exception. This paper aims to analyze and discuss different ideas on discretionary power on the Rule of Law and Rechtsstaat. Observing the legal literature in Europe and Nord and South America, discretionary power can be described as follow: it could be considered a margin that law accords to the executive power for political decisions or a choice between different interpretations of vague legal previsions. In essence, this explanation admits for the executive a decision not established by law or anyhow not exclusively established by law. This means that the discretionary power of public administration integrates the law. However, integrating law does not mean to decide according to the law, but it means to integrate law with a decision involving public power. Consequently, discretionary power is essentially free will. In this perspective, also the Rule of Law and the Rechtsstaat are notions explained differently. Recently, we can observe how the European notion of Rechtsstaat is founded on the formal validity of the law; therefore, for this notion, public authority’s decisions not regulated by law represent a problem. Thus, different systems of law integration have been proposed in legal literature, such as values, democracy, reasonableness, and so on. This paper aims to verify how, looking at those integration clauses from a logical viewpoint, integration based on the recourse to the legal system itself does not resolve the problem. The aforementioned integration clauses are legal rules that require hard work to explain the correct meaning of the law; in particular, they introduce dangerous criteria in favor of the political majority. A different notion of public power can be proposed. This notion includes two main features: (a) sovereignty belongs to persons and not the state, and (b) fundamental rights are not grounded but recognized by Constitutions. Hence, public power is a system based on fundamental rights. According to this approach, it can also be defined as the notion of public interest as concrete maximization of fundamental rights enjoyments. Like this, integration of the law, vague or subject to several interpretations, must be done by referring to the system of fundamental individual rights. We can think, for instance, to fundamental rights that are right in an objective view but not legal because not established by law.

Keywords: administrative discretion, free will, fundamental rights, public power, sovereignty

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Authors: Dovile Petkeviciute-Barysiene

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Legal technologies not only create new ways for accessing and providing legal services but also transform the role of legal practitioners. Both lawyers and users of legal services expect automated solutions to outperform people with objectivity and impartiality. Although fairness of the automated decisions is crucial, research on assessing various characteristics of automated processes related to the perceived fairness has only begun. One of the major obstacles to this research is the lack of comprehensive understanding of what legal actions are automated and could be meaningfully automated, and to what extent. Neither public nor legal practitioners oftentimes cannot envision technological input due to the lack of general without illustrative examples. The aim of this study is to map decision making stages and automation levels which are and/or could be achieved in legal actions related to pre-trial and trial processes. Major legal decisions and judgments are identified during the consultations with legal practitioners. The dual-process model of information processing is used to describe cognitive processes taking place while making legal decisions and judgments during pre-trial and trial action. Some of the existing legal technologies are incorporated into the analysis as well. Several published automation level taxonomies are considered because none of them fit well into the legal context, as they were all created for avionics, teleoperation, unmanned aerial vehicles, etc. From the information processing perspective, analysis of the legal decisions and judgments expose situations that are most sensitive to cognitive bias, among others, also help to identify areas that would benefit from the automation the most. Automation level analysis, in turn, provides a systematic approach to interaction and cooperation between humans and algorithms. Moreover, an integrated map of legal decisions and judgments, information processing characteristics, and automation levels all together provide some groundwork for the research of legal technology perceived fairness and acceptance. Acknowledgment: This project has received funding from European Social Fund (project No 09.3.3-LMT-K-712-19-0116) under grant agreement with the Research Council of Lithuania (LMTLT).

Keywords: automation levels, information processing, legal judgment and decision making, legal technology

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Authors: Yaser Mohammed Altameemi

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This research looks at the representation of the social media for the Saudi Government decrees regarding the developmental projects of the Saudi 2030 vision. The paper analyses a television interview with the Crown Prince Mohammed Bin Salman who talks about the progress of the Saudi vision of 2030, and how the government had acted as response to the COVID-19 pandemic. The interview was on 28/4/2021. The paper analyses the tweets on Twitter that cover the interview for the purpose of investigating the development of concepts and meanings regarding the Saudi peoples’ orientations towards the Saudi projects. The data include all related tweets from the day of the interview and the following seven days after the interview. The finding of the collocation analysis suggests that nationalism notion is explicitly expressed by users in Twitter. The main finding of this paper suggests the importance of further analyses for the concordance lines. However, the collocation network suggests that there is a clear highlight for nationalism.

Keywords: social media, twitter, political interview, prince Mohammed Bin Salman, Saudi vision 2030

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Authors: S. Alotaibi, D. Roussinov

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Mobile government services implementation faces several challenges in developing countries. This paper studies some of those challenges in the context of Saudi Arabia. The study aims to investigate factors affecting m-government acceptance in Saudi Arabia, including ease of use, usefulness, service quality, trust, intention to use and users’ satisfaction. Our investigation will help in integrating the m-government services in citizens’ everyday life. We collected and analyzed our data from focus groups. These focus groups are from King Saud University and Imam Muhammed Bin Saud University, so the samples size are five and seven participants, respectively. We found that there are some factors to identifying citizen requirements to Saudi mobile government services. These services should be easy to use and not require too much effort. Also, these services must be fully trusted.

Keywords: e-government, m-government, focus group, Saudi mobile government services

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Authors: Prapin Nuchpiam

Abstract:

The importance of social innovation has become increasingly significant as the process of developing effective solutions to social problems and being a force of change for people’s better quality of life. In order to promote social innovation, active collaboration between government, business organizations, and the civil society sector is needed. A proper legal framework also plays an important role in building the social innovation ecosystem. Currently, there is no specific law designed for social innovation or a so-called “social innovation law”. One of the legal frameworks for social innovation is the development of hybrid legal forms for social enterprises such as the UK’s Community Interest Company (CIC), the US’s Low-Profit Limited Liability Company (L3C) and the US’s Benefit Corporation (B-Corp), among others. This is because social enterprise is recognized as an organizational form of social innovation with its aim for social benefit goals and the achievement of financial sustainability. Nonetheless, there has been a debate over the differences and similarities between social innovation and social enterprise. Thus, social enterprise law might not fit well with social innovation, resulting in a search for a legal framework specially designed for social innovation. This paper aims to study the interrelationship between social innovation, social enterprise, and the role of law to see whether we need a specific law for social innovation. If so, what should such a legal framework look like? The paper will provide a critical analysis of innovative legal forms for social enterprise as a type of social innovation law. A proper legal framework for social innovation could help promote the sector, which could result in finding new solutions to social problems. It will also bring about a greater common understanding of the exciting development of legal scholarship in this way, which will, in turn, serve as a productive basis or direction for further research on this increasingly important topic.

Keywords: social innovation, social enterprise, legal framework, regulation

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