Sorbonne Doctoral Law Review - Revue Doctorale de droit de la Sorbonne

THE DEVELOPMENT OF EQUITY UNDER THE COMMON LAW LEGAL SYSTEM: AN INTRODUCTION

Amr Ibn Munir — 2024-12-19

This paper discusses the origin and nature of equity before the emergence of the Common Law Legal System. It briefly discusses the emergence of the common law legal system and how its various problems. It discusses how equity was the best alternative to the common law legal system. It discusses the conflict between equity and common law and how it came to end. Lastly, it briefly discusses some equitable maxims developed by equity that are still in use today. The main findings of this paper are that equity is a set of principles that is applied to avoid the potential injustice caused by the strict application of a rigid law. It existed in theory and law even before the emergence of common law. Common law was the result of the magistrate’s application of old customs and the emergence of stare decisis. It had its own problems in terms of rigidness in both substantial law and procedure. Equity came as an alternative to common law and was applied as a result of the Roman Catholic Chancellor who heard these cases and applied equity based on Roman Law. Ultimately, Courts of Chancery were developed under the Chancellor which applied equity rather than common law. There existed a lot of conflict between both the Common Law Courts and the Chancery Courts. This conflict was finally settled after the King ruled that equity was to prevail in any conflict centuries later before ultimately having both merge into one Court which applied both common law and equity during the 19^th Century. Lastly, there are some major equitable maxims that were developed by the Chancery Courts that are still in use today as well. The methodology used for this work is doctrinal.

MUTUAL LEGAL ASSISTANCE, A MECHANISM ENABLING THE PROSECUTION OF TRANSNATIONAL ORGANISED CRIME: BARRIERS AND SOLUTIONS

Thomas Delorme — 2024-12-19

The rise of transnational organized crime poses a fundamental threat to States and necessitates effective mechanisms for prosecution, without which these illegal entities will erode the capacities of the State. This paper explores the view that cooperation between States is the only way to prevent the emergence of safe havens for criminals. Tracing the evolution of Mutual Legal Assistance Treaties (MLATs) which codify the conditions in which police forces exchange intelligence and evidence, this paper both highlights their crucial importance and their disappointing application. Persistent barriers to this multilateral approach have led nations to forge bilateral MLA treaties and explore alternative channels for information exchange.

Despite progress fuelled by a Washington driven approach to the issue, discretionary refusals underscore the need to further diminish the scope for rejection. While the absence of stable and sustained capacity-building policies on a bilateral basis has been partially compensated by the growing influence of the United Nations Office on Drugs and Crime (UNODC), a deeper issue persists—distrust among nations. Examining regions such as Latin America and the European Union reveals promising developments in the form of more integrated institutions, offering a potential key to reducing the pervasive influence of distrust on transnational proceedings. This paper not only identifies existing challenges in the realm of Mutual Legal Assistance but also advocates for continued efforts to fortify international cooperation in the face of the formidable threat posed by organized crime.

THE RIGHT TO PERSONAL DATA PROTECTION – A PROCEDURAL RIGHT

Rafael Bento — 2024-12-19

The Right to Personal Data Protection – A Procedural Right

PRIVACY LEGAL RELATIONSHIPS

Sabrina Sebiakina — 2024-12-19

This work is aimed at initiating of discussion and developing a general theory of privacy law. The author suggests beginning with classification of legal relationships arising in privacy sphere, as a first step toward identifying the flaws in privacy rulemaking and law application. The relational theory of law, underlying this work, explains why each privacy legal relationship will take its own direction and will form an object in a unique way. The method used in this work is classification of legal relationships using the bases adopted from theory of civil law. The work identifies at least nine types of privacy legal relationships, interpret them, shows them as a correlated system, highlights the patterns of their existence and draws parallels between some institutions of civil law and privacy law. Also, the concept of legal relationships discovers many mysteries of theory privacy law and teaches us what is the object of subjective privacy right, what subjective obligations actually has a data controller and where they are formalized, why privacy notice is vital for lawful processing, what is the legal nature of consent and privacy notice, why consent collected “just in case” ruins the stability of legal relationships and also much more.

LA PROTECTION DES DROITS FONDAMENTAUX AU DÉFI DES RELATIONS JURIDIQUES, UNE REVUE À L’ÈRE NUMÉRIQUE

Marina Lovichi — 2024-12-19

VOL. 7 N°1