法学ジャーナル
Online ISSN : 2436-4924
Print ISSN : 0286-8350
2022 巻, 100 号
選択された号の論文の5件中1~5を表示しています
論説
  • ――在外国民最高裁判所裁判官国民審査地位確認及び違法確認並びに国家賠償請求事件控訴審判決(東京高等裁判所令和2年6月25日判決)を手がかりに――
    薄井 信行
    2022 年 2022 巻 100 号 p. 1-48
    発行日: 2022年
    公開日: 2022/12/08
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  • EJARA Mesay Woldesemayat
    2022 年 2022 巻 100 号 p. 49-110
    発行日: 2022年
    公開日: 2022/12/08
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    The connection between humans and the environment and its inhabitants are very strong. Human beings play a great role in nurturing and preserving the natural environment and its inhabitants. GR are the main basis for human life and the means for its survival on the planet. The linkage between human and genetic resources (GR) is far stronger in developing countries where a significant number of lives are directly dependent on GR and associated Traditional Knowledge (TK), when compared to Western societies. In this paper exploration on the international legal framework for the protection of GR and associated TK will be made. AU, the regional initiatives of ARIPO and OAPI in TK protection, the experience of South Africa and India in bioprospecting and developing effective legal system for protections of GR and associated TK is also considered. Japanese context in the management of GR and associated TK will be touched. In particular exploration and analysis on the legal and regulatory framework of Ethiopia will be made. The author believes that though the degree and nature of the measure varies a combined effort and actions at international, regional and national level is warranting for realization of effective protections for the biological resources and associated TK.

  • 加野 裕幸
    2022 年 2022 巻 100 号 p. 131-150
    発行日: 2022年
    公開日: 2022/12/08
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  • NGOMIRAKIZA Emmanuel
    2022 年 2022 巻 100 号 p. 151-199
    発行日: 2022年
    公開日: 2022/12/08
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    Today commercial justice is on the sectoral policy page of the Ministry of Justice in Burundi. Different reforms in legal system and public sector have been implemented. anq the government had built instruments to promote investments both internal and Foreign Direct Investment (FDI). Improvement of business climate is one of the keys to resolve economic challenges especially in a country where Gross Domestic Products (GDP) is lower compared with other countries in same class. Governance and commercial justice administration constitute also one of the aim arms to sustain the realizations and the guaranty of economic activity in general and industrial sector in particular. Criteria of warranty of ranking and legal arsenal in each country sometimes do not provide to readers enough information about potentialities of market and priorities taken by the legal system as well as the indicators on which this evaluation focuses are in somewhat model than properly strategic to each country, and becomes another barrier for foreign investors who need real information on a given market.

    With the Power attributed to trade court to regulate firstly the sector from the creation of company, during the time of its activities, relations with partners and even at the cessation of activity the judiciary dealing with this professionals, natural or legal persons need not only trust from the users but also favorable and strong legal framework to guarantee this need.

    This study attempted to examine and share the state of protection of business company in Burundi with its effect in East African Community (EAC) where it belongs, the potentialities for investment in EAC and Burundi in particular, how are relations with other regional Communities and their technical institutions, how judicial users and professionals in industry find commercial justice in Burundi as the mirror of legal framework in industrial sector, what they express as amelioration in short term and the solutions that can be made against some challenges on commercial justice and technical cooperation among different institutions of these African Countries.

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