Journal of Contemporary Law https://jcl.ibsu.edu.ge/jms/index.php/jcl en-US kkokrashvili@ibsu.edu.ge (Ketevan Kokrashvili) hergun@ibsu.edu.ge (Hakan) Sun, 10 Nov 2019 00:00:00 +0400 OJS 3.3.0.8 http://blogs.law.harvard.edu/tech/rss 60 Local Tourist Systems in Spain https://jcl.ibsu.edu.ge/jms/index.php/jcl/article/view/35 <p>The enormous potential of tourism as the economic sector in this millennium and, on the other<br>hand, the onset of the international competition that accompanies the globalization of tourism<br>and its forms of product segmentation, mean that the EU grants tourism an important role in the<br>realization of that all-European economic and social model drawn to Lisbon. This clearly shows<br>that global competition is increasingly playing on the ability to offer a single service in its<br>complexity. In the panorama of the different forms of state, Spain is today a singular case.</p> Clara Mariconda Copyright (c) 2019 https://jcl.ibsu.edu.ge/jms/index.php/jcl/article/view/35 Sun, 10 Nov 2019 00:00:00 +0400 Iura novit arbiter in International Disputes: How to Prevent Unforeceable Legal Findings https://jcl.ibsu.edu.ge/jms/index.php/jcl/article/view/36 <p>If ever there was a globalized world, we are experiencing it! In this fervently interconnected and<br>accelerated world, the main purpose of companies and businessmen is to continue their business.<br>In such a context, ruled by the “business as usual”, arbitration increasingly appears to be a<br>certainly less traumatic way of resolving a dispute and then an ideal comfort neutral room for<br>players from different countries and with distant backgrounds.<br>However, its attractive nature of the private process must be combined with the jurisdictional<br>functions that the arbitrators have to accomplish anyhow.<br>The balance between these two factors (namely, the substantially private nature of the arbitral<br>process and the jurisdictional role of the arbitrators) will lead to the result, positive or negative, of<br>this choice made by the parties.<br>For these reasons, they should have all the skills to build, with the precious support of their<br>lawyers, a valuable product.<br>This short article aims at highlighting the role of the principle “iura novit curia” in the modern<br>international arbitration, since the election of the applicable law, as well as its ascertainment, are<br>two of the most challenging tasks for the arbitrators to deliver a satisfactory service.</p> Edoardo Gandini Copyright (c) 2023 https://jcl.ibsu.edu.ge/jms/index.php/jcl/article/view/36 Sun, 10 Nov 2019 00:00:00 +0400 Mandatory Automatic Exchange of Information in the Field of Taxation in Relation to Reportable Cross-Border Arrangements. Analysis of the EU Directive 6804/18 https://jcl.ibsu.edu.ge/jms/index.php/jcl/article/view/37 <p>The necessity for a mandatory disclosure obligation for intermediaries who project cross-border<br>schemes for their clients, that involve routing assets to or through offshore entities, is very felt at<br>international level, especially in consequence of the recent scandals that highlighted phenomena<br>of tax evasion/elusion - in particular, “Panama Papers” and “Paradise Papers”. These complex<br>cross-border schemes facilitate tax evasion, tax fraud and money laundering, because each tax<br>jurisdiction evaluates a part of the system within its borders.<br>Considering this scenario, the EU Directive 6804/18 was introduced to provide a set of rules<br>related to the counter of tax avoidance/evasion phenomena and increasing levels of transparency<br>with regard to the exchange of information between the authorities of the Member States within<br>the Union. From the moment of its enforcement, the Directive obliges intermediaries, proposing<br>and commercializing transnational financial schemes to their clients, with the purpose to<br>facilitate tax avoidance, to report the establishment of such mechanisms to the tax authorities of<br>the Member State to which they belong. In turn, the authorities of the aforementioned EU<br>Member States will be compelled, as stated from the Directive, to exchange this information with<br>each other authorities, in order to increase control over the activities of consultants and tax<br>planners, regardless of the imminent possibility of a real risk.</p> Fabio Zambardino Copyright (c) 2023 https://jcl.ibsu.edu.ge/jms/index.php/jcl/article/view/37 Sun, 10 Nov 2019 00:00:00 +0400 Legal Responses to the Rise of the On-Demand Economy in Georgia and the United States https://jcl.ibsu.edu.ge/jms/index.php/jcl/article/view/38 <p>Are gig-economy workers “employees” or “independent contractors” for purposes of wage, hour,<br>employee-benefit, and labor laws? In both Georgia and the U.S. gig-economy work is significant<br>and rapidly expanding, though precise statistics in both countries do not exist. Similarly, in both<br>countries, companies providing gig-economy work label their workers as “independent<br>contractors”, though in many respects the companies’ control over the ways the workers do their<br>work more closely resembles traditional employment status. In both countries, the law has not<br>yet caught up to the changing nature of gig-economy work.<br>After discussing the prevalence and nature of gig-economy work in both Georgia and the U.S.,<br>this article examines the [thus far inadequate] response to this new type of work. It then reflects<br>on broader questions such as how the law should systematically attempt to resolve issues<br>regarding the status of gig-economy workers. For example, should it respond by attempting to<br>clarify the way that workers are classified and impose existing legal rules on these new-economy<br>workers? Should it reject classification altogether and instead either expand certain employment<br>protections to all workers regardless of classification, or divorce such protections from workplace<br>status entirely? How can countries coordinate their respective labor laws to avoid a “race to the<br>bottom” of labour standards by multinational employers?</p> Richard Bales, Ana Mikhelidze Copyright (c) 2019 https://jcl.ibsu.edu.ge/jms/index.php/jcl/article/view/38 Sun, 10 Nov 2019 00:00:00 +0400 Collective Bargaining https://jcl.ibsu.edu.ge/jms/index.php/jcl/article/view/39 <p>The Association Agreement concluded in 2014 by and between the European Union and the<br>European Atomic Energy Community and their Member States, on the one part, and Georgia on<br>the other part, obliges Georgian Government to respect, promote and realize in its law and<br>practice the effective recognition of the right to collective bargaining. The research aims at<br>emphasizing the main aspects promoting the effective recognition of the right to collective<br>bargaining.<br>The research highlights the necessity of establishing the notion of “extension” of a collective<br>agreement and stating the mandatory and voluntary issues of collective bargaining on the<br>statutory level, as an effective means for protecting employees’ interests. Additionally, the<br>research considers the mechanism of collective bargaining as a token of the commonwealth and<br>the economic stability of the country and evaluates its impact on the prevention and settlement of<br>collective disputes. Consequently, it is aimed at detecting the shortcomings of the present<br>Georgian law and to propose possible ways of improvement</p> Tamar Shudra Copyright (c) 2019 https://jcl.ibsu.edu.ge/jms/index.php/jcl/article/view/39 Sun, 10 Nov 2019 00:00:00 +0400 Comparative Analysis of Two Basic Principles of International Law - Territorial Integrity of State and Selfdetermination of Nations on Example of Kosovo and Abkhazia https://jcl.ibsu.edu.ge/jms/index.php/jcl/article/view/40 <p>The main goal of the research is to analyze in details and present the two basic principles of international<br>law - the right to self-determination of nations and territorial integrity of the state on the example of the<br>Kosovo and Abkhazia conflicts. In particular, a significant part of the paper is devoted to the legal<br>assessment of the Kosovo and Abkhazian conflicts and revealing the main differences that are linked to<br>the legal aspects of Kosovo conflict, on the one hand, and the conflict in Abkhazia, on the other hand.<br>The article focuses on a detailed analysis of facts why the West, particularly North Atlantic Treaty<br>Organization (NATO) 3 involvement in the Kosovo conflict and recognition of Kosovo's independence by<br>the majority of the international community is partly legitimate and, on the other hand, from the<br>international legal and political viewpoints, Russia's involvement in the Abkhazian conflict and the<br>recognition of the so-called "independence" of Abkhazia has no legal basis at all. The final part of the<br>work discusses what the international community should do in the future regarding the protection of the<br>principles of international law.</p> Nika Chitadze, Ketevan Jebisashvili Copyright (c) 2019 https://jcl.ibsu.edu.ge/jms/index.php/jcl/article/view/40 Sun, 10 Nov 2019 00:00:00 +0400 Mistake, Sales, Consumer Law https://jcl.ibsu.edu.ge/jms/index.php/jcl/article/view/41 <p>R.B. has addressed to currency exchange office owned by “ -a” LLC, located in Tbilisi to exchange<br>500 US dollars where the dollar was purchased “at first sight with the highest”4 exchange rate. He<br>handed 500 USD to a woman, that worked at the currency exchange office who, in turn, gave him<br>1020 GEL. R.B.'s expectation was to receive 1200 GEL. He protested instantly there, but he was<br>answered that the currency exchange office was purchasing dollar for this price and since the<br>operator had already drawn a cheque, the money (500 USD) could not be returned.<br>Neither R.B. agreed to take 1020 GEL, nor the operator was willing to return the exchanged amount.<br>To prevent provocation and conflict, R.B. called Patrol Police, who confirmed that the "less" money<br>was still on the spot and R.B. only after this took it. The Patrol Police claimed that they had many<br>analogous calls for similar cases.<br>R.B. demanded compensation of 180 GEL for material damages before the Court, because the<br>transaction was made by deceit.</p> Vakhtang Zaalishvili1, Aleksandre Giorgidze2 Copyright (c) 2019 https://jcl.ibsu.edu.ge/jms/index.php/jcl/article/view/41 Sun, 10 Nov 2019 00:00:00 +0400 Employment Law -Termination, Organizationl Changes https://jcl.ibsu.edu.ge/jms/index.php/jcl/article/view/42 <p>Claimant I.G. had been employed on various positions at defendant Non-entrepreneurial (Noncommercial)<br>Legal Entity Senaki Municipality Sport Association (hereinafter – N(N)LE, cassator,<br>appellant) since 2007. S/he worked as a Public Relations Specialist on the basis of open-ended<br>employment contract concluded between the parties on January 27, 2016, and his/her monthly salary was<br>400 GEL.<br>Staff list and salary rates of the defendant N(N)LE were approved under the Order No. 55 of March 28,<br>2016 of the director of the N(N)LE, by which 10 staffing position were reduced including one of the<br>specialists in public relations affairs. On 26 February, 2016, the plaintiff was warned about a possible<br>dismissal from the current position due to organizational changes on the basis of Article 37, I, a) of the<br>Labor Code ("LC"). By the Order No.64 of March 30, 2016, the claimant was dismissed from his/her<br>position on April 1, 2016, with the final payment - compensation equal to one-month salary.<br>The staff reduction made by the N(N) LE’s management was preceded by the letter of January 18, 2016,<br>from Senaki Municipality Governor to defendant’s administration. The letter was stating that N(N)LE<br>should have taken appropriate measures to allocate the amount not envisaged in the budget, viz. 10380<br>GEL for implementation of infrastructural projects in the Senaki Municipality in 2016 according to the<br>ordinance No.594 of the Government of Georgia of November 25, 2015. The author of the letter<br>requested to obtain aforementioned amount within the framework of the Sports Promotion Program. On<br>the same day, the Senaki Municipality Administration was notified in writing that the necessary amount<br>- 16 000 GEL was allocated through reduction of staffing position.<br>I.G. filed a lawsuit against the employer by which s/he requested annulment of defendant’s Orders No. 55<br>of March 28, 2016 and No. 64 of March 30, 2016 and reinstatement in work, as well as remuneration of<br>lost earnings - 400 GEL per month until reinstatement in work.</p> Teona Gachechiladze Copyright (c) 2019 https://jcl.ibsu.edu.ge/jms/index.php/jcl/article/view/42 Sun, 10 Nov 2019 00:00:00 +0400 Empoyment Law - Penalty for Payment Delay https://jcl.ibsu.edu.ge/jms/index.php/jcl/article/view/43 <p>The plaintiff's claims about annulment of the order and compensating lost earnings were fully satisfied.<br>After enforcement of the court decision, the plaintiff addressed the Tbilisi City Court with a statement<br>of claim and requested remuneration of 0.07% of the delayed sum for each day of any delayed payment<br>– namely, imposition of 6 792,31 GEL in total in favor of the claimant until entering into legal force of<br>the court decision of May 5, 2015.</p> Megi Bakuridze Copyright (c) 2019 https://jcl.ibsu.edu.ge/jms/index.php/jcl/article/view/43 Sun, 10 Nov 2019 00:00:00 +0400