THE IMPACT OF NEW TECHNOLOGY ON THE TRANSPORTATIONSERVICES: “UBER PLATFORM

In recent years, the advent of new technologies has impacting an increasing number of economic sectors including transportation. New organizational tools have emerged to facilitate the matching between service providers and consumers. In fact, Uber platform provided an innovative way, the application, to mediate the interaction between both drivers and riders. Platform operators usually provide information about the service user, facilitate online payment, and resolve disputes. The use of these platforms has been booting the rise of Uber and the ascent of this online empowered “sharing economy” has changed that numerous people live. The subsequent “shared economy” offers different options- frequently with reduce costs- compared to existing established taxi companies. These online platforms are on the way to eliminating the traditional way of transport. Consumers and other advocates praise Uber for their ability to provide new economic efficiency compared to traditional ridesharing options. Despite the effectiveness of these services, these platforms have a tendency to oppose existing administrative structures that guarantee wellbeing, quality, and supply. Operating in a grey area, Uber has been subjected to many litigation processes orchestrated by traditional taxi drivers who felt the urge to protect their existence. This paper aims to discuss the recent increase in the judicialization of the conflict between Uber and their partner-drivers. We will try to identify the nature of the activity and the relationship between the parties involved in the collaborative contract. We will also focus on the importance of implementing appropriate regulations in compliance with the characteristics of the “new economic model” and its impact on different fields such as labor law

LEGAL LIABILITY OF ARCHITECT

To conduct a comprehensive analysis of architect\u27s Professional liability, a range of legal areas must be considered so that to identify the possible sources that can give rise to such liability. A general understanding of contract law, tort law and criminal law proves to shed ample light onto these possible sources. Apropos contract law, a basic issue must be recognized and dealt with; i.e. the valid existence of a contractual relationship. Further issues involve; the type of contract adopted the main obligations the architect assumes in terms of contract and the remedies available to the client in case the architect is in breach of his contractual obligations. The role of the architect as fiduciary should also be considered as a possible basis for further obligations towards client. Failure on behalf of the architect to fulfill any such legal duties results into tortuous responsibility. Deliberations on principles of tort law and an in depth explanation of care of professionals should be discussed. Finally, it is pertinent to explore the possibilities for criminal liability. The basic principles of criminal law and the ensuing liability are needed to be analyzed before entering into an examination of the type of conduct that is sanctioned by criminal law. There are several possible realms giving rise to criminal liability; such as willful, reckless or negligent conduct resulting in convictions of voluntary or involuntary manslaughter and abuse, practicing the profession without the relevant syndicate\u27s approval or even violating the construction laws

Regulating Surrogacy: Chances and Pitfalls

Surrogacy raises admittedly a series of concerns, but it is also a reality and, as long as there are persons who cannot have children in a different way, this will not change. Its prohibition at a global level is both unfeasible and unenforceable, while its non-regulation reads to legal uncertainty. Pragmatic considerations call for the regulation of surrogacy; not because pragmatism overrides ethics, but because a good regulation, one that balances the interests of all parties involved, not only on paper but also in practice, can successfully address most of the concerns about surrogacy. In 2002 Greece was the first European country to introduce a comprehensive regulatory scheme for surrogacy, followed by Cyprus in 2015 and Portugal in 2016.Drawing mainly on these jurisdictions, the aim of this paper is to shed light into the alternative patterns of regulation of surrogacy and point out the chances and pitfalls of such an endeavour. I argue that the main points around which a surrogacy regulation should revolve are: allow for gestational surrogacy only; set eligibility criteria for both the intended parents and the surrogate; provide for monitoring mechanisms that oversee the whole process; establish legal parenthood of the intended parents already at birth. To ensure the success of the regulation, the lawmaker should stay clear of too restrictive or practicably unenforceable rules

BUILDING PERMIT: A CRITICAL REVIEW OF THE LEGALFRAMEWORK IN LEBANON

The Building Permit (BP) is a required administrative authorization issued by public authorities. It ensures that the planned construction is abiding by the legal framework governing the construction works in the targeted are or zone. In Lebanon, the Construction Law, No.646/2004 regulates the issuance of BPs. The technical and legal procedures involve require the engagement of various administrative authorities. In this context, three institutions are involved. At first, the Order of Engineers and Architects (OEA), the General Directorate of Urban Planning (GDUP) and the relevant local authorities on the Municipal level. However, as of 2014, the Ministry of the Interior issued four circulars, supposedly, aiming at facilitating the issuance of the BP. As result, it allowed for the circumvent of the notification and mandatory verification by OEA and GDUP. This concentration of power within the direct executive local authorities was portrayed as a way to trim down the massive displacements towards urban centers. Moreover, it aimed at lowering the rate of illegal building plots the disadvantaged peripheries. This article intends is to investigate the legality of these circulars vis-à-vis the Lebanese Construction Law. It will be closely assessing the impact of the 2017 circulars on the urban and rural environment. Moreover, it will inquire on the potential risks due to the sidelining of the main technical institutions. It is aimed that this article will contribute to the overall national debate regarding the healthiness and the legality of executive degrees and their impact on the everyday life of the resident

Issues Of The Under Trial Prisoners And Their Legal Status

Under trial denotes an unconvicted prisoner. One who has been detained in prison during the period of investigation, inquiry or trial for the offence s/he is accused to have committed. This is the fact that most of the under trials are people who are from the weaker sections of the society. Those poor and illiterate who can’t access their rights and unable to negotiate in this criminal justice system which is bias to them. They are most vulnerable in this system

Curbing False or Misleading Advertisements in India: Challenges and Solutions

Advertisement is an age old practice and currently part and parcel of commercial marketing strategy. It is used by producers to drive consumer behavior to its commercial offering and increase consumption of their product. But when these advertisements are false or intend to deceive consumers, they impair the economic behavior of the consumers; cause injury to their rights to exercise informed choice; result in information asymmetry and also harm the interests of competing commercial brands. They are unethical and are regarded as a social and commercial ill, but more significantly in economic terms the resulting information asymmetry due to such advertisements causes “market failure.” The article, after briefly discussing the ineffectiveness of the current Indian legal and regulatory framework to deal with the challenges posed by the menace of false and misleading advertisement, argues that India requires a complete overhauling. It further argues that a large number of jurisdictions had strengthened their legal and regulatory framework governing advertisements in the last decade. Thus, there is a global consensus that a comprehensive legal and regulatory framework is required to curb the problem of false and misleading advertisements to check the “market failure.” The article concludes that India requires adopting a more effective regulatory model to curb false and misleading advertisements. It recommends that the model needs to be aligned with global experiences and advance consumer interest, but not in a manner more extensive than is necessary to correct the market failure

Legal Framework Regulating Food Safety: A critical Appraisal

Food safety is crucial for progress and the economic growth of a country. With rapidly increasing urbanization, population and rising economy, India faces many challenges in its quest for food safety. Use of excessive pesticides, growth hormones, exposure to toxic waste etc, results in food contamination at the farm level. Additives, contaminants, chemicals, environmental pollutants, adulterants, toxic colorants or preservatives, etc. render the food unsafe for consumption. At any stage of food production, right from the primary production to processing, packaging and supplying, the quality of the food can be compromised. Every step, thus, poses a challenge for enforcement of food safety regulations. The present legislation dealing with food safety in India, ie, the Food Safety and Standards Act (FSS Act) was passed in 2006 after repealing various central Acts relating to food safety. The FSS Act 2006 and Rules were notified and commencement of new regime started from August 2011.In the last few years of its coming into force, FSSAI has done a lot of ground work to effectively enforce the new food safety regime. However, based on the working of FSSAI and a review of the literature including the Report of Comptroller and Auditor General of India conducting the performance audit of the implementation of the FSS Act and the Report of the Parliamentary Standing Committee on Health and Family Welfare on functioning of FSSAI, it is imperative that various measures are required to be undertaken to strengthen the regulatory framework for robust enforcement of the FSS Act. In this paper, the researcher intends to critically examine the working of the present Indian Food Safety Regime. The researcher has also used the experience gained during a recently conducted survey in the National Capital Region under a UGC funded project in the area of food safet