18 results

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OA AIS Journal EN

Various perspectives of labor and human resources challenges and changes due to automation and artificial intelligence.

Jessica Bayón, Andrés Arenas · Nebrija University, Spain
The constant technological changes and its impact in the labor force are causing a domino effect that can change corporate culture, laws and workers in upcoming years. The importance of Artificial Intelligence for companies is also a mayor subject that may cause conflicts among cities around the wor…
OA AIS Journal EN

Deconstructing the use of REPO 105 and Repo 108 Transactions Under SFAS 140: the Case of Lehman Brothers Holding Inc. and the Liability of Ernst & Young

John Burke · RISEBA University Riga, Latvia
Prior to filing for bankruptcy in 2008, Lehman Brothers Holding Inc., [LBHI] relied upon select repurchase agreements denominated “Repo 105” and “Repo 108” for the purpose of re-casting its balance sheet to meet net leverage ratios required by money markets. SFAS 140, as then existing without the 20…
OA AIS Journal EN

Modern legal systems and the principle of “Culpa in Contrahendo”: A review of the Albanian model of pre-contractual liability on a Roman-Germanic model reference.

Borana Mustafaraj · Faculty of Law, University of Tirana Academic Counsello…
The doctrine of “culpa in contrahendo” constitutes an integral part of the legal systems of different states, although its content differs from one country to another. “Culpa in contrahendo”, as the states with a civil law system recognize, is bound by the obligation to act in good faith during the …
OA AIS Journal EN

Asian-style export-led growth and the role of law

Renis Zaganjori · Institute of European Studies, University of Tirana, Al…
This paper analyses the growth of Asian economies through its export-led industrialisation policies. Such growth has been uniquely achieved without greater reliance to law, which the neoliberal approach considers integral to development. Among others, this approach relies on private laws for the pro…
OA AIS Journal EN

BOT Contract through the optics of Albanian legal provisions - Issues of the implementation and transfer framework

Entela Prifti · Court of Appeal Judge, Korça, Albania
The last years have resulted in an increase of concession contracts in Albania, followed by a revised modern legal framework. Beside the debate on whether the government should perform most of the activities itself instead of giving them to the private sector through a concession contract, the conce…
OA AIS Journal EN

European Council’s member states’ jurisdiction regarding the execution of court decisions and it’s issues

Alkelina Gazidede · Faculty of Law, University of Tirana, Albania
European Court of Human Rights states that the execution of final decisions is a compulsory provision for a fair hearing and a successful conlusion of a trial. The right to a court protected by Article 6 would be illusory if a Contracting State’s domestic legal system allowed a final, binding judici…
OA AIS Journal EN

A case study, Bagnoli: a difficult transition

Maria Selvaggio · University of Salerno, Italy
Bagnoli, a neighbourhood on the west outskirts of Naples, has been a typical industrial and working class area for more than eighty years, having put up an important factory district in a wide territory belonging to its seaside zone, where the Ilva-Italsider building, third steel industry centre in …
OA AIS Journal EN

Causing non-contractual damages according to Albanian law

Amantia Levanaj, Besmira Arshiaj · Faculty of Law, University of Tirana, Albania
This study is mainly focused on handling the causing non-contractual damage, achieving a theoretical analysis of its constituent components as fault, causal connection, unlawful act or omission and damage compensation. Non-contractual liability is provided by our civil code, defining it as at fault …
OA AIS Journal EN

Corruption and innovation in the Albanian public procurement system

Reida Kashta · Public Procurement Agency, Tirana, Albania
This paper examines the measures and means used to fight against corruption in public procurement in Albania. Because public procurement is one of the key areas where the public sector and the private sector interact financially and this interaction is based on public money, it is a prime candidate …
OA AIS Journal EN

Contractual Obligations under the Private International Law in Albania.

Ervis Çela, Maks Qoku · Faculty of Law, University of Tirana, Albania
This theoretical and practical part is related to the analysis and studies of the contractual obligations under the private international law. This work is divided into three parts, where respectively, the first part deals with the general part of the contractual obligations; the second part deals w…
OA AIS Journal EN

Second world war, communism and post-communism in Albania, an equilateral triangle of a tragic trans-Adriatic story. The Eftimiadi’s Saga

Paolo Muner · Albanologist Former Captain of the Italian Coast Guard,…
The complicated, troubled and tragic events of a wealthy family from Vlorë, Albania, which a century ago expanded its business to Italy, in Brindisi and Trieste, and whose grand land tenures and financial properties in Albania were nationalized by Communism after the Second World War. Hence the life…
OA AIS Journal EN

The administrative review of concession agreements

Fatmira Hajdari · Judge, Tirana Court of Appeal, Albania
Concession agreements represent the most utilized and preferred legal option in the exercise of public functions by private entities. Before entering into a concessionary agreement, there is a special procedure that takes place, and that is one of the distinctive characteristics of this type of cont…