Books: 'Articolo 31'

1

Blandini, Mario. Il processo tributario: Commento articolo per articolo al D. lgs. 31 dicembre 1992 n. 546. 5th ed. Milano: Il sole 24 ore, 2002.

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2

Rau, Carmelo. Il nuovo contenzioso tributario: D. lgs. 31 dicembre 1992, n. 546 comparato con le norme precedenti annotato con la giurisprudenza illustrato articolo per articolo. Milano: A. Giuffrè, 1993.

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3

Italy. Codice della strada: Annotato in ogni articolo con il regolamento di esecuzione e la legislazione complementare : aggiornato al 31 maggio 1989. 5th ed. Roma: Buffetti, 1989.

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4

Article 31: The right to leisure, play and culture. Leiden: Martinus Nijhoff Publishers, 2006.

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5

Harry, Shier, and Play-Train, eds. Article 31 action pack: Children's rights and children's play : resources for action to implement Article 31 of the United Nations Convention on the Rights of the Child. Sparkbrook, Birmingham: Play-Train, 1995.

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6

Cox, Miranda. Article 31: Children and the arts : creative action for the next millenium. Birmingham: Play Train, 1997.

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7

Rights, European Court of Human. A. Affaire Schuler-Zgraggen c. Suisse : arrêt du 31 Janvier 1995 (article 50): B. Affaire Friedl c. Autriche : arrêt du 31 Janvier 1995 = A. Case of Schuler-Zgraggen v. Switzerland : judgment of 31 January 1995 (Article 50). B. Case of Friedl v. Austria : judgment of 31 January 1995. Strasbourg: Greffe de la Cour, Conseil de l'Europe, 1995.

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8

Merkouris, Panos. Article 31(3)(c) VCLT and the principle of systemic integration: Normative shadows in Plato's Cave. Leiden: Brill Nijhoff, 2015.

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9

Great Britain. Parliament. House of Lords. Select Committee on the European Union. The future of Europe: Constitutional treaty-draft article 31 and draft articles from part 2 (freedom, security and justice). London: Stationery Office, 2003.

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10

United States. Department of State, ed. International Criminal Court: Article 98 : agreement between the United States of America and Sierra Leone; signed at Freetown, March 31, 2003. Washington, D.C.]: U.S. Dept. of State, 2011.

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11

European Court of Human Rights. Affaire Barthold: Arrêt du 31 janvier 1986 (article 50) : Affaire James et autres : décision du 26 juin 1985 (dessaisissement) : arrêt du 21 février 1986 = Barthold case : judgment of 31 January 1986 (article 50) : Case of James and others : decision of 26 June 1985 (relinquishment of jurisdiction) : judgment of 21 February 1986. Strasbourg: Registry of the Court, Council of Europe, 1986.

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12

Families & Learning Minnesota. Department of Children. LEP students and services: Report to the Legislature as required by 1rst special session laws 2001, chapter 6, article 2, section 77, subd. 31. Roseville, MN: Minnesota Dept. of Children, Families & Learning, 2002.

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13

Texas Commission on Human Rights., ed. Minority hiring practices report: General Appropriations Act, 1998-99 biennium, House Bill 1, article IX, section 121 : periods covered, September 1, 1996 thru August 31, 1997 (fiscal year 1997), September 1, 1997 thru August 31, 1998 (fiscal year 1998). Austin, TX (P.O. Box 13493, Austin 78711): The Commission, 1999.

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14

European Court of Human Rights. A. Affaire Agrotexim et autres c. Grèce : arrêt du 24 octobre 1995.: B. Affaire Papamichalopoulos et autres c. Grèce : arrêt du 31 octobre 1995 (article 50) = A. Case of Agrotexim and others v. Greece : judgment of 24 October 1995. B. Case of Papamichalopoulos and others v. Greece : judgment of 31 October 1995 (Article 50). Strasbourg: Greffe de la Cour, Conseil de l'Europe, 1996.

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15

Great Britain. Northern Ireland Office. HPSS superannuation scheme resource accounts for the year ended 31 March 2003: Presented to Parliament by the Secretary of State for Northern ireland, in accordance with article 2(2)(a) of the Northern Ireland Act 2000 (Prescribed Documents) Order 2002, 13 November 2003. London: Stationery Office, 2003.

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16

European Commission. Directorate General IV--Competition, ed. Distribution and servicing of motor vehicles in the European Union: Commission regulation (EC) no. 1400/2002 of 31 July 2002 on the application of Article 81(3) of the Treaty to categories of vertical agreements and concerted practices in the motor vehicle sector : explanatory brochure. [Brussels?]: European Commission, Directorate General for Competition, 2002.

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17

IV--Competition, European Commission Directorate-General. Distribution and servicing of motor vehicles in the European Union: Commission regulation (EC) no. 1400/2002 of 31 July 2002 on the application of Article 81(3) of the Treaty to categories of vertical agreements and concerted practices in the motor vehicle sector : explanatory brochure. [Brussels?]: European Commission, Directorate General for Competition, 2002.

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18

Executive, Northern Ireland Housing. Accounts of the Northern Ireland Housing Executive for the year ended 31 March 1993 together with the report of the Local Government Auditor and of the Comptroller and Auditor-General thereon: Prepared pursuant to Article 21(2)a of the Housing (Northern Ireland) order 1981 : presented to Parliament by the Secretary of State for Northern Ireland by command of Her Majesty, March 1994. London: H.M.S.O., 1994.

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19

Executive, Northern Ireland Housing. Accounts of the Northern Ireland Housing Executive for the year ended 31 March 1991 together with the report of the Local Government Auditor and of the Comptroller and Auditor-General thereon: Prepared pursuant to Article 21(2)a of the Housing (Northern Ireland) order 1981 : presented to Parliament by the Secretary of Statefor Northern Ireland by command of Her Majesty, March 1992. London: H.M.S.O., 1992.

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20

Executive, Northern Ireland Housing. Accounts of the Northern Ireland Housing Executive for the year ended 31 March ...: Together with the report of the Local Government Auditor and of the Comptroller and Auditor-General thereon : prepared pursuant to Article 21(2)a of the Housing (Northern Ireland) order 1981 : presented to Parliament by the Secretaryof State for Northern Ireland by command of Her Majesty, March 1993. London: H.M.S.O., 1992.

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21

Il Nuovo processo tributario: Il D.lgs. 31 dicembre 1992, n. 546 commentato per articolo. Milano: Giuffrè, 1993.

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22

Cueo, Torpal. Tutte le Canzoni Più Brutte Degli Articolo 31: Libro e Regalo Divertente per Fan Degli Articolo 31. Tutte le Canzoni Di J-Ax e DJ Jad Sono Stupende, per Cui All'interno C'è una Bella Sorpresa. Independently Published, 2019.

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23

Martin F, Gusy, Hosking James M, and Schwarz Franz T. 31 Article 31—Costs. Oxford University Press, 2011. http://dx.doi.org/10.1093/law/9780199596843.003.0031.

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24

Authority, Boston Redevelopment. Article 31 scoping determination. 1988.

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25

Gregor, Noll. Part Six Administrative Measures, Article 31. Oxford University Press, 2011. http://dx.doi.org/10.1093/actrade/9780199542512.003.0049.

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26

Tobias, Stoll. Part III Rights to Culture, Ch.11 Intellectual Property and Technologies: Article 31. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780199673223.003.0012.

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This chapter looks at the specific right to intellectual property and technologies in Article 31. Article 31 sets out a number of rights of indigenous peoples relating to their science, technology, and culture, and calls for State action in this regard, which is to be taken with the involvement of those peoples. The provision relates to three different subject matters, between which there obviously exists quite some overlap. It refers, first, to ‘cultural heritage, traditional knowledge and traditional cultural expressions’. Second, it refers to ‘intellectual property’ over such heritage, knowledge, and expressions, and third, to ‘manifestations of…sciences, technologies and cultures’ — representative examples of which find themselves included in an illustrative list. According to Article 31, with a view to each of these subject matters, indigenous peoples have a right to ‘maintain, control, protect and develop’.

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27

William A, Schabas. Part 3 General Principles of Criminal Law: Principes Généraux Du Droit Pénal, Art.31 Grounds for excluding criminal responsibility/Motifs d’exonération de la responsabilité pénale. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198739777.003.0036.

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This chapter comments on Article 31 of the Rome Statute of the International Criminal Court. Article 31 describes what is known in most criminal justice systems by the terms ‘defences’, ‘excuses’, and ‘justifications’ for excluding criminal responsibility. It addresses several defences: insanity, intoxication, self-defence, duress, and necessity. It is followed by two other provisions, articles 32 and 33, defining specific defences. It is not apparent why articles 32 and 33 were not consolidated into the general provision, article 31. To the extent that they refute a charge, age (article 26), immunity (article 27), statutory limitation (article 29), and lack of mens rea (article 30) also operate as defences.

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28

Antonio, Herrera. 31 Spain. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198808589.003.0031.

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This chapter discusses the law of set-off in Spain. Under Spanish law, set-off represents a means of extinguishing an obligation between a debtor and a creditor. Set-off occurs mainly as a form of payment rather than a guarantee. The chapter first considers set-off between solvent parties, focusing on the requirements of statutory set-off, set-off in case of assignment of credit rights, and set-off as a mechanism for creating security interests. It then examines set-off against insolvent parties, with emphasis on the scope of the prohibition set out in Article 58 of the Insolvency Act regarding set-off against an insolvent debtor and whether there are exceptions to this prohibition. The chapter also analyses set-off in financial transactions subject to Royal Decree Law 5/2005, along with cross-border situations relating to set-off against insolvent parties and choice of law with respect to set-off between solvent parties.

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29

Namita, Wahi. Part VII Rights—Substance and Content, Ch.52 Property. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198704898.003.0052.

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This chapter examines the fundamental right to property as an important, albeit contentious, provision in the Indian Constitution. It considers Article 19(1)(f) of the Constitution, which guaranteed to all citizens the fundamental right to ‘acquire, hold and dispose of property’. It considers the shifts and continuities concerning this right in India, in both colonial and Independent India. It analyses case law relating to agrarian reform under the First, Fourth, and Seventeenth Amendments (Article 31(4) and (6), Articles 31A and 31B). It also assesses the laws within the scope of Article 31(2) needed to satisfy the requirements of public purpose and compensation. It concludes by commenting on the abolition of the fundamental right to property through the Forty-fourth Constitutional Amendment, as well as attempts to reinstate this right in the Indian Constitution.

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30

Ulfstein, Geir. Evolutive Interpretation in the Light of Other International Instruments. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198830009.003.0005.

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This chapter discusses how the European Court of Human Rights uses international instruments in its evolutive interpretation of the European Convention on Human Rights. It is argued that the Court, in its use of such instruments, goes beyond the bounds of the 1969 Vienna Convention on the Law of Treaties Article 31(3)(b) (subsequent practice) and (c) (systemic interpretation) and uses the instruments as guidance in giving effect to the original intention of the parties based on Article 31(1) (evolutive intention). However, this is not made clear in the Court’s reasoning. Moreover, the Court prefers extensive discretion in how it should use such instruments in its evolutive interpretation. This makes the Court vulnerable to allegations of extrajudicial approaches and activism. Therefore, certain guidelines for the interpretational use of international instruments are proposed.

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31

Luigi, Sbolci. Part II Interpretation of Treaties, 9 Supplementary Means of Interpretation. Oxford University Press, 2011. http://dx.doi.org/10.1093/acprof:oso/9780199588916.003.0009.

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The Vienna Convention on the Law of Treaties of 1969 established a distinct hierarchy between the general rule of interpretation and supplementary means. Article 32 of the Convention subordinates the use of supplementary means to various assumptions connected with the outcome of the interpretation made on the basis of the general rule contained in Article 31. The list of the supplementary means laid down in Article 32 is not exhaustive and the Vienna Convention says nothing about the concept of preparatory works, of circumstances surrounding the conclusion of the treaty, and about the concept of other supplementary means of interpretation. These and other critical observations can be resolved by reference to indications from the comments of the International Law Commission and from international case law. The rule established in Article 32 can be considered to correspond to the international custom. The use of supplementary means of interpretation is important when the application of the general rule leaves the meaning ambiguous, obscure, or absurd. Recent international case law appears to illustrate the reasons that can lead the interpreter to find, in the supplementary means, a confirmation of the meaning emerging from the application of the general rule expressed in Article 31.

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32

Authority, Boston Redevelopment. Article 31 development review - pnf [project notification form] for chinatown/s. Cove parcel r3-b. 1990.

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33

Cronica : Reforma a los Articulos 30-31 de la Constitucion Politica de los Estados Unidos Mexicanos. Mexico: INst. de Investigaciones Legislativas, 1993.

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34

Eileen, Denza. Junior Staff of the Mission and Private Servants. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198703969.003.0042.

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This chapter considers Article 37.2 to 37.4 of the Vienna Convention on Diplomatic Relations which highlights the functions of the junior staff of the mission and private servants. Article 37.2 states that members of the administrative and technical staff of the diplomatic mission, together with members of their families, shall enjoy the privileges and immunities specified in Articles 29 to 35, except the immunity from civil and administrative jurisdiction of the receiving State specified in Article 31. They shall also enjoy the privileges specified in Article 36, paragraph 1, in respect of articles imported at the time of first installation. Article 37.3 then states that members of the service staff shall enjoy immunity in respect of acts performed in the course of their duties, exemption from dues and taxes on the emoluments they receive by reason of their employment and the exemption contained in Article 33. Lastly, Article 37.4 states that Private servants be exempt from dues and taxes on the emoluments they receive by reason of their employment.

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35

Trevor C, Hartley. Part IV Procedural and Systemic Issues, 22 Provisional, Including Protective, Measures. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198729006.003.0022.

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This chapter considers the special problems raised by provisional measures under Brussels 2012 and Lugano 2007. Both instruments have a provision dealing with ‘provisional, including protective, measures’. This is Article 35 in Brussels (Article 31, Lugano). This provision and the case-law under it contain important rules. The chapter begins by discussing the concept of ‘provisional, including protective, measures’. According to the Court of Justice of the European Union, the concept applies to measures which are ‘intended to preserve a factual or legal situation so as to safeguard rights the recognition of which is otherwise sought from the court having jurisdiction as to the substance of the case’. The discussions then turn to the jurisdiction to grant provisional/protective measures and recognition and enforcement of provisional/protective measures.

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36

Ferreira, Marco, Adelmo Bertoldey, and Scott Holan. Bayesian modelling of train door reliability. Edited by Anthony O'Hagan and Mike West. Oxford University Press, 2018. http://dx.doi.org/10.1093/oxfordhb/9780198703174.013.11.

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This article discusses the results of a study in Bayesian reliability analysis concerning train door failures in a European underground system over a period of nine years. It examines failure data from forty underground trains, which were delivered to an European transportation company between November 1989 and March 1991. All of the trains were put in service from 20 March 1990 to 20 July 1992. Failure monitoring ended on 31 December 1998. The goal of the study was to find models able to assess the failure history and to predict the number of failures in future time intervals in order to help the company determine the reliability level of the train doors before warranty expiration. The article describes the development and application of a novel bivariate Poisson process as a natural way to extend the usual Poisson models for analysing the occurrence of failures in repairable systems.

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37

Busch, Austin. New Testament Narrative and Greco-Roman Literature. Edited by Danna Nolan Fewell. Oxford University Press, 2015. http://dx.doi.org/10.1093/oxfordhb/9780199967728.013.4.

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This article discusses Greek literature’s influence on the Gospels and Acts by exploring quotations of and allusions to Aratus and Euripides in Luke-Acts, and Homer in Mark. In particular, it considers the citation of Aratus’Phaenomenain Paul’s Areopagus Discourse (Acts 17:22–31), of Euripides’s Bacchae in Acts 26:14, and a number of Luke’s more oblique literary engagements with those two works. It also analyzes the subtle allusion to theOdyssey’sEurycleia episode (19.353–507) in Mark 14:3–9, situating all these representative examples of New Testament narrative’s intertextual engagement with pagan Greek literature in a Greco-Roman rhetorical context with reference to ancient illustrations and discussions of literary influence and adaptation from Virgil (vis-à-vis Homer), Theon, Quintilian, Pliny, and Seneca.

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38

Trevor C, Hartley. Part IV Procedural and Systemic Issues, 23 Choice-of-Court Agreements: Jurisdictional Conflicts. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198729006.003.0023.

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This chapter considers the problems that arise when an exclusive choice-of-court agreement, which is claimed to be valid, designates a court or the courts of one Member State (the ‘designated’ court), and proceedings are brought in another court (the ‘non-designated’ court). The basic aspects of choice-of-court agreements were discussed in Chapter 13. The chapter now deals with the interaction of these rules with the rules concerning <i>lis pendens</i>, the recognition of judgments, and other matters. It concludes that the only legitimate mechanism for ensuring respect for an exclusive choice-of-court agreement within the EU context is that provided by Brussels 2012, Article 31(2); both antisuit injunctions and actions for damages for ‘wrongful’ litigation are contrary to EU law.

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39

Elies, van Sliedregt. Part 3 Defences, 9 Grounds for Excluding Criminal Responsibility. Oxford University Press, 2012. http://dx.doi.org/10.1093/acprof:oso/9780199560363.003.0009.

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Codifiers in international criminal law have not been at ease with the subject of defences. They have focused on eliminating defences rather than on defining them. This chapter discusses defences that are listed in Article 31 of the International Criminal Court Statute and all have a different nature and pedigree, which accounts for a differing format in analyzing them. It looks at the text, including the drafting history, and relevant international jurisprudence. As with the modes of liability dealt with in Chapter 6, the concepts discussed have a national pedigree and are analyzed by adding a comparative perspective. Especially in an area where international practice is scant, national criminal law has an important role to play, if only for the sake of understanding the scope and content of the various concepts.

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40

Nieto-Navia, Rafael. Introductory Note. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190848194.003.0023.

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When the UN Security Council (UNSC) created the International Tribunals for the former Yugoslavia (ICTY) in 1993, and Rwanda (ICTR) in 1994, it had in mind that the Tribunals were ad hoc and should have a brief life, enough only to bring to justice those responsible for serious violations of international humanitarian law in those countries. In 2010, as a part of the Completion Strategy, the UNSC established the Mechanism for International Criminal Tribunals as a new ad hoc body, with the purpose of making sure that the Tribunals conclude their missions timely and successfully. The ICTR was officially closed on 31 December 2015. The ICTY will finish its work at the end of 2017. In this article is the analysis of the cases decided by the ICTY in 2015, providing the relevant facts of each case, the reasoning and the decision issued.

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41

Jimenez, Javier Ibanez. Opciones normalizadas: Funcion, taxonomia, regimen y naturaleza de los contratos normalizados de opcion (articulo 2, 31 y 59 de la ley del mercado de valores). Dykinson, 1999.

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42

Roger S, Clark. Part IV The ICC and its Applicable Law, 31 The Crime of Aggression. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198705161.003.0031.

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The crime of aggression was included, in principle, within the jurisdiction of the ICC by the Rome Statute of 1998. Making that jurisdiction operational was, however, left to the First Review Conference on the Court, which took place in Kampala in 2010. This chapter discusses the details of the Kampala Amendments to the Rome Statute, including the Elements of Crime of aggression. It analyses efforts to obtain sufficient ratifications of the amendments to bring them into force, as well as the implementation of aggression in domestic legislation. It argues that a State ratifying the Kampala Amendments should domesticate Article 8bis and its Elements as closely as possible by penal legislation, and award at least jurisdiction over conduct of its own nationals.

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43

Alex G Oude, Elferink. 31 The Indian Ocean and the Law of the Sea: A Work in Progress. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198715481.003.0031.

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This chapter assesses the implementation of the law of the sea in the Indian Ocean. It begins by providing a definition and general description of the Indian Ocean. It then discusses maritime zones and boundaries and regional and subregional cooperation. The practice of Indian Ocean coastal States generally shows a large measure of consistency with the UN Nations Convention on the Law of the Sea (LOSC) as regards the extent of maritime zones. A considerable divergence from the LOSC exists in the case of straight baselines, whereas in the case of archipelagic baselines there is conformity to the Convention, suggesting that the numerical controls contained in Article 47 have been more effective.

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44

Markus, Müller-Chen. United Nations Convention on the Limitation Period in the International Sale of Goods (1974)—Full Text, Part II Implementation, Article 31: [Federative states]. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198723264.003.0143.

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45

Theresa, Reinold. Part 1 The Cold War Era (1945–89), 31 South African Incursions into Lesotho—1982. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198784357.003.0031.

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This chapter discusses the legality of South Africa’s incursion in Lesotho in 1982. After describing the facts of the case, it presents the legal arguments of the main protagonists – South Africa and Lesotho - and canvasses the positions taken by the UN General Assembly, the UN Security Council, as well as other important diplomatic players. It then assesses the legality of the intervention and discusses its impact on the progressive development of international law. It concludes that the incursion violated Article 2(4) of the UN Charter and that, in light of the overwhelmingly negative international reaction, the raid could not trigger an expanded reading of the right to self-defense, as was claimed by South Africa.

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46

Great Britain: Northern Ireland Road Authority and Utilities Committee (NIRAUC) and Great Britain: Department for Regional Development for Northern Ireland. Roads Service. Specification for the reinstatement of openings in Roads: A code of practice approved by the Department for Regional Development under Article 31 of the Order. Stationery Office, The, 2006.

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47

Simon, Manon Celine. Applicability of the Defence of Duress to Unlawful Killing in International Criminal Law: An Analysis of the ICTY Erdemovic Case and Article 31 Rome Statute. Nomos Verlagsgesellschaft, 2019.

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48

Article 31(3)(c) of the Vienna Convention on the Law of Treaties and the Principle of Systemic Integration in International Investment Law and Arbitration. Nomos Verlagsgesellschaft, 2015.

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49

Pierre-Marie, Dupuy. Part II Interpretation of Treaties, 7 Evolutionary Interpretation of Treaties: Between Memory and Prophecy. Oxford University Press, 2011. http://dx.doi.org/10.1093/acprof:oso/9780199588916.003.0007.

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The durability of a treaty requires its capacity to adapt and change in accordance with the evolution of the situation for which it was designed to apply. One of the means that allow such adaptability is evolutionary interpretation. This chapter underlines the twofold nature of this interpretative technique. According to a first approach, evolutionary interpretation may be considered as a way to identify the common will of the parties as it would have resulted if they had renegotiated the agreement taking into account the circumstances that have since evolved. In the silence of Article 31 of the Vienna Convention, the case law of the ICJ supports the view that such a dynamic interpretation is allowed only where it is possible to infer from the terms of the treaty that the text is open to considerations of factual or legal evolution after its conclusion. However, when a treaty establishes an organization designed to achieve a shared purpose, the international judge entrusted with task of interpreting that treaty is often prone to act as the depositary of the common finality. In such a case, evolutionary interpretation tends to a teleological one. It therefore leads to question how far such interpretation could be taken and may generate allegations of ‘judicial activism’.

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50

Recommended Radiological Protection Criteria for the Recycling of Metals from the Dismantling of Nuclear Installations: Recommendations of the Group of ... Terms of Article 31 of the Euratom Treaty. European Communities / Union (EUR-OP/OOPEC/OPOCE), 1998.

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