Journal of Social Sciences (International Black Sea University)
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Acquiring and Loss of the Ownership on Things
Get PDFIn this paper we have examined the main legal issues regarding the acquiring and loss of the ownership on movable and immovable things according to the Georgian law. 1st part of the paper is dedicated to the procedures of acquiring and loss of the ownership on immovable things. In particular, according to the Article 183 of the Civil Code of Georgia, in order to acquire the ownership on the immovables the existence of two elements is required: 1) the written agreement between the parties and 2) registration of the acquirer as an owner in the Public Registry. For the abandonment of the ownership on the immovables a declaration of the owner on the abandonment of the ownership and registration thereof in the Public Registry are required. The 2 part of the paper is dedicated to the procedures of acquiring and loss of the ownership on movable things. In particular, acquire of the ownership on movables is possible by several ways, which are the cases of acquisitions on the basis of a transaction, law and an act of the administrative body. Loss of the ownership on movables takes place on the basis of a transaction, by abandonment of ownership and destruction
The Russian Media and Russia's Military Intervention in Georgia in 2008
Get PDFThis study examines the role of the Russian media in affecting public opinion in Russia regarding the Russian intervention in 2008. The largest armed conflict in Europe since Kosovo in 1999, the August 2008 war was fought between Georgia and Russia over the proclaimed independence of the Georgian separate governments of Abkhazia and South Ossetia which were supported by Russia. Russia intervened militarily and recognized the independence of the two separatist regions, supported by an overwhelming majority of the Russian population. This study analyzes the role of the Russian media in affecting the Russian public opinion regarding its government’s policies in relation to Georgia. The method used for study is discourse analysis, and the theoretical framework underlying the research is Barry Buzan’s (et al., 1998) concept of securitization and Edward Herman’s and Noam Chomsky’s (1988) concept of manufacturing consent which was later elaborated by Anthony DiMaggio (2009). The trends identified in the mainstream Russian media coverage may at least partly account for the positive opinion of the Russian public towards the intervention. The study also revealed the contrasting trends characterizing the mainstream and alternative Russian media coverage, thus once again confirming the crucial role of the media in establishing the different opinions among the public, by “building” contrasting images of the world
The Problem of Diminished Responsibility in Georgian Criminal Law
Get PDFThe article emphasizes the problem of diminished responsibility in Georgian criminal law. The research pays attention to the historicalaspect of diminished responsibility and problem of free will in criminal behavior of a person with diminished responsibility.The article provides information about the list and characteristics of psychical anomalies and other circumstances that cause diminishedresponsibility. The research discusses the issue of relationship between the guilt and diminished responsibility. Accordingly, in author’sopinion, diminished responsibility includes all circumstances (except mental illness) that mitigate one’s guilt at the time of committingcrime, in spite of its causing grounds.At the same time, the article gives a new definition of diminished responsibility that differs from legislative definition
The Role of the OPEC in the International Energy Market
Get PDFoai:ojs.jebs.ibsu.edu.ge:article/28The paper analyzes the policy of OPEC and its influence on the global prices of oil during different periods of the history of Cartel since its foundation till now. Particularly it provides information about the prehistory of the establishment of the Organization in the beginning of 60s of the last century and its First Steps. The research goes deeply through the role of the OPEC in causing the first oil shock (1973 – 1975) and the second oil shock (1979 – 1980). The paper includes the main reasons of the collapse of oil prices in the 1980s and the low prices in the 1990s. Furthermore, it analyzes the role of OPEC and main reasons of the uprising prices on Oil in 2000s and policy of the cartel during International financial crises (2008 – 2010)
Geopolitical Interests of Iran in South Caucasus and Georgian-Iranian Relations
Get PDFThe paper explores geopolitical, geo-economic and geostrategic interests of the Islamic Republic of Iran towards South Caucasus Region.To state more specifically, it provides analyzes about foreign policy priorities of Iran, geopolitical importance of the South Caucasus region,main obstacles and perspectives of cooperation development between Iran and South Caucasian states and main political, economicand legal aspects of Iran-Georgia relations
The Role of Tariff Setting as an Alternative Financing Model for Implementation the Public-Private Partnership Projects
Get PDFThe article analyzes the role of tariff setting for the Public-Private Partnership projects showing investment attractiveness of the projectand it’s financing. For this reason, we determine the main sources of project income as revenue guarantee for private investors, analyzeinternational experience of tariff regulation of infrastructure projects and determine its advantages and disadvantages. Also the main criteriafor setting tariffs of PPP projects are defined and proposed the way to improve tariff regulation in accordance with partner’s interestsand applicable law
Business Representations without Legal Person
Get PDFThe present article describes the gaps and imperfections existing in the current Tax legislation of Georgia which hinder the developmentof business and creates obstacles for the establishment and function of business representations. Development of the business depends onvarious factors, and one of them is legal environment. For this very reason, by providing the concrete example, according to the legislativenorms the collisions and norms are analyzed which discourage the creation and operation of the business representation that are relevantand essential for Georgia. The case study represented in the article is based upon the factual situation and provides us with the relevantpicture regarding the various problematic factors that a business can face. These factors are created due to the legislative mazes whichon the one hand, suggest at some point, very easy steps and approaches and on the other hand, are full of controversies. The legislativeregulations are essential for business representations and should not be ignored in order to avoid any violation of the law. Legal systemhas always been very strict in respect to any type of violation and according to the legal doctrine, if a person is ignorant of the relevantlaw it does not imply that he shall be free from the responsibility
Is Globalization a Source of Prosperity and Progress or the Main Cause of Poverty? What has to be done to Reduce Poverty?
Get PDFThis article analyses globalization process and its positive and negative sides. Globalization is a double-edged phenomenon. This research is based on comparative method. Two contradictory approaches to understanding globalization are compared with each other. On the one hand, advocates of globalization argue that globalization is a positive phenomenon which promotes greater prosperity and increases living standards of people. On the other hand, opponents of globalization see it as the main cause of impoverishment and economic crisis. The problem of describing the effects of globalization is closely linked with these two contradictory approaches to understanding globalization
The Eighth Amendment of the US Constitution versus Death Penalty as a Form of "Cruel and Unusual" Punishment
Get PDFThe present research deals with the issue of death penalty in the US which creates tension whether it remains as a justified and valid form of punishment. It discusses the history of capital punishment, its adoption in the US, the way some US States started to abolish a "cruel and unusual punishment", the attempted reforms. it further analyses current approach of death penalty, the reforms focused on the process by which it is applied and with the limits of what is constitutional under the Eighth Amendment's ban: "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted". The cases that made changes in the US legal system are also reviewed. Forms of executions, federal death penalty, court decisions regarding people with mental disabilities, juveniles, religion, women, the issues of race, innocence, financial facts, the roles of International Organizations and current statistics of the Bureau of Justice, DPIC, NAACP Legal Defense Fund, regarding death row inmates by state, number of executions by region is presented and reviewed. The research displays public opinion and analyses current situation in the US by presenting Gallup annual Crime Surveys, DPIC and Lake Research Partners polls. It poses a question whether a just society requires death penalty for the taking of a life. The research concludes that the U.S is a party to several fundamental human rights treaties that impact capital punishment, though it has refrained from being a party to the treaties that have most direct effects through invoking domestic law. By involvement of the U.S. in these treaties it will initiate the reform and restrict the death penalty from a human rights perspective. It will reduce exercising any unnecessary measures which threaten innocent life
The Use of Force and Self-Defense in the International Law
Get PDFThe paper aims at analyzing the international legal aspects of the use of force; adducing the role and functions of the UN Security Counciland the General Assembly in preserving international peace; illustrating impediments resulted from the application of right to veto by theUN Security Council permanent members in the course of decision making process in the Security Council; demonstrating the differencebetween threat to peace and armed attack, whether the use of force is justified in cases of threats to peace; what are the criteria for the rightof defense; defining the criteria of necessity and proportionality of the use of force; whether armed attack from a non-state actor couldserve as grounds for exercising a right of self-defense; determining the act of aggression within the scope of international law; based onthe legal aspects of the use of force and criteria for it, author explores the Russian aggression against Georgia