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    Global Journal of Comparative Law

    Global Journal of Comparative Law

    JournalISSN 2211-9051eISSN 2211-906X

    年发文量

    研究主题

    论文(161)

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    1Blockchain’s Role in Enhancing Ex-dividend Arbitrage Opportunities and Managing Stock Volatility
    Rohit Sood, Babli Dhiman

    Abstract This comparative study delves into the intricate interplay between ex-dividend effects and stock price dynamics, while examining the potential of blockchain technology to enhance ex-dividend arbitrage and manage stock volatility across developed and emerging markets. As investors seek to optimize their equity returns, technological advancements offer promising avenues for achieving higher yields with reduced risk. The integration of blockchain technology into global stock markets presents numerous benefits for market participants, including improved trading efficiency through dividend carry arbitrage, reduced time lags, more effective price dissemination, increased transparency, enhanced algorithmic trading capabilities, and advanced stock metaverse development. The research critically analyzes ex-dividend arbitrage returns in both developed and developing economies, considering their respective legal and regulatory frameworks, and explores how these regulations impact ex-dividend arbitrage spreads and overall portfolio returns. By examining the evolving nature of technology and its effects on volatile prices, reduced settlement cycles, and cash-future spreads, the study emphasizes the potential for shortened stock settlement cycles to revolutionize financial markets through improved price dissemination accuracy and efficiency. Furthermore, the analysis illuminates the comparative technological implications of ex-dividend arbitrage between developed and developing nations, ultimately facilitating the application of blockchain in globalized stock markets. By identifying the advantages of blockchain implementation in developed markets for enhanced ex-dividend spreads, this research contributes to a deeper understanding of global efforts that can serve as a catalyst for developing economies to invest in technology and reap the benefits of sustainable business practices.

    2026
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    2Women’s Land Rights: A Comparative Legal Perspective
    Aleksey Anisimov, Svetlana Ivanova

    Abstract This article argues that the existence of international standards and the entrenchment of gender equality in constitutions and land legislation do not, by themselves, guarantee women equal access to land or effective protection of their land and property rights. Drawing on research from EU countries, selected jurisdictions in Africa and Asia, and the North Caucasus region of the Russian Federation, the authors ask why similar formal guarantees produce different outcomes. The analysis highlights factors related to legal identity and access to documentation (birth registration, identity documents, and the types of land rights recognized), economic dependence, and fear of social sanctions. The article also examines institutional barriers to seeking judicial relief and enforcing court decisions. The normative conclusions draw on comparative equality theory. By distinguishing between formal and substantive equality, the article shows that temporary, context-specific measures may be justified in cases of persistent structural inequality, provided they are proportionate, time-limited, and subject to evaluation for effectiveness. The article further surveys recent comparative scholarship on the relationship among gender, legal status, and access to rights, including citizenship regimes and “legal invisibility” as obstacles to women’s access to land and other resources.

    2026
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    3Corporate Insolvency Practitioners and the Vexed Issues of Competence and Fees
    Williams C. Iheme, Rubanya Nanda

    The issues of competence and fees of insolvency practitioners (ip s) as well as their impact on insolvent estates have been recurrent themes of debates in both legal and financial circles. Insolvency practitioners in the UK and other common law jurisdictions play a crucial role in managing and distributing corporate assets during insolvency proceedings. However, their fees can indeed consume a significant portion of the available estate, potentially diminishing returns for (unsecured) creditors and stakeholders. A review of relevant case law highlights how the courts in some common law jurisdictions have scrutinized ip fees and set benchmarks to protect the interests of creditors and the integrity of insolvency proceedings. Insolvency regulators, such as the courts (and professional bodies) continuously assess practices in the field, offering guidelines on fair remuneration. This article argues that corporate business rescue should be regarded as a public service and this perspective should also reflect on ip remuneration. Although courts remain willing to intervene on a case by case basis, we argue that the relevant court cases reveal the need for ex ante remedies, such as legislative, clearer, enforceable standards in ip remuneration to protect insolvent estates from being unduly depleted against the collective interests of creditors and stakeholders.

    2025
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    4Proportionality in Indian and South African Review Jurisprudence – A Comparative Analysis
    Navin Sinha, Mitul Dutta

    The present article is a comparative study of the proportionality practices of the Supreme Court of India and the Constitutional Court of South Africa. It compares the proportionality practices of the apex courts of both countries under different categories some of which are the components of proportionality itself. that the proportionality practices of the Supreme Court, while similar in many respects to that of Constitutional Court of South Africa, suffers from the lack of a uniform proportionality standard. The argument, in part, is based on the Supreme Court’s insistence in treating proportionality as modern version of existing review procedures. The court still uses the principle in unison with pre-existing review procedures, and this, in effect has curtailed the review potential of the principle.

    2025
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    5Integrating Ibsa S into Nigeria’s Energy Framework: Insights from Canada and Australia
    Otelemate Ibim Dokubo

    Public participation is recognized as essential for equitable and sustainable energy development. However, in Nigeria, existing legal framework for public participation, such as the Environmental Impact Assessment (eia) Act fall short of ensuring meaningful engagement and benefit sharingwith host communities. This article examines the potential of Impact and Benefit Sharing Agreements (ibsa s) as a complementary tool to existing statutes, drawing lessons from jurisdictions like Canada and Australia, where ibsa s have been used to foster Indigenous participation, ensure fair compensation, and enhance environmental protection. Through comparative legal analysis, the article identifies five key conditions necessary for the successful adoption of ibsa s. By evaluating the relevant Nigerian laws, the article highlights both areas of alignment and divergence between the Nigerian legal framework and the ibsa s. The article concludes that while Nigeria has taken steps towards public participation, more legal reforms are needed to enable the integration of ibsa s into the Nigerian jurisprudence, for an even more inclusive decision-making process.

    2025
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    高被引作者

    作者引用发文
    Louis Jacobus Kotze411
    Duncan A. French411
    Temitope Tunbi Onifade221
    Rostam J. Neuwirth121
    Benjamin J. Richardson101
    Ming Du91
    sylvia ntube ngane91
    Mark Findlay91
    Catherine Iorns91
    Damilola S. Olawuyi72

    高产作者

    作者引用发文
    Kofi Oteng Kufuor73
    Stellina Jolly12
    Imad Antoine Ibrahim12
    Jaakko Husa42
    Bruno Zeller12
    Damilola S. Olawuyi72
    Jon Truby42
    Andrew Dahdal22
    Gonzalo Villalta Puig11
    athanasios giocas11

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