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1
Wagner, Rikke. "‘Transnational civil dis/obedience’ in the Danish family unification dispute." European Political Science Review 7, no. 1 (March 10, 2014): 43–62. http://dx.doi.org/10.1017/s1755773914000034.
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This article develops a concept of transnational civil dis/obedience. It provides a framework for interpreting and evaluating practices of cross-border movement by citizens and migrants, who mobilize international or supranational law to sidestep and challenge domestic rules deemed illegitimate. Such acts are made possible by, but also enact, complex, overlapping and competing legal orders in Europe and elsewhere. In contrast to analyses stressing the private and market-based nature of these actions, the conceptual lens introduced here draws out their potentially civic and political character. To construct and illustrate my argument, I engage with an in-depth case study of EU citizenship and cross-border movement in the area of marriage migration, where individual liberty and political membership are fiercely contested. The paper draws on narrative interviews with Danish-international couples who in response to Denmark’s restrictive family unification rules have used EU-law to protest against what they see as unjust interference in their private lives.
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Moscati, Laura. "Origins, Evolution and Comparison of Moral Rights between Civil and Common Law Systems." European Business Law Review 32, Issue 1 (February 1, 2021): 25–52. http://dx.doi.org/10.54648/eulr2021002.
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The protection of moral rights embraces the now widespread personal sphere of copyright and originated much later than the economic exploitation of the work itself. Some of its components can be found in the English and German thought between the 17th and 18th centuries and, starting from the early 19th century, would have a substantial development through the contribution of both the French legal scholarship and case law. The legal foundations, in any case, date back to some codifications of the German area and to the earliest international treaties, making it a discipline that did not take into consideration the extent of the national territory. The purpose of this study is to evaluate the relevance of the European models and their influence in Italy after the national Unification, in particular in the first decades of the 1900s. In fact, the international protection of moral rights takes root in Italy during the 1928 Rome Conference for the revision of the 1886 Berne Convention. The United States joined it only later, in 1989, with the Berne Convention Implementation Act (BCIA). Thirty years later, the Copyright Office published in April 2019 an extensive study about the American protection of moral rights. The document is studied in this paper in comparison with the European Directives and with the Copyright Directive definitively approved a few days before the Copyright Office document. While in the USA the interest in moral rights up to now rather limited seems to be increasing, in Europe the protection of moral rights risks being waned as it is handed down to individual countries with the explicit declaration that it is not the subject matter of the Directives. Moral rights, origins, codification, Europe, Italy, Berne Convention, international treaties, USA, EU Directives, Canada
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Baldus, Christian. "Europäisierung des Privatrechts - Zwischenbilanz und Perspektiven: Achte Tagung der Gesellschaft Junger Zivilrechtswissenschaftler Mainz, 10.-13. September 1997." European Review of Private Law 6, Issue 1 (March 1, 1998): 143–50. http://dx.doi.org/10.54648/199055.
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On the occasion of its Eight Annual Meeting (Mainz, September 1997), the Society of Young Researchers in Civil Law tried to sum up the present-day discussion on 'Europeanisation of Private Law'. In the context of German legal scholarship, necessity and desirability of this process are still controversial even among younger authors. In the continental tradition of strict separation of public and private law, the EC remains a phenomenon to be described and controlled in terms of constitutional law. The actions of such a phenomenon with reference to private law relationships, therefore, appear as necessarily isolated and a dangerous interference with sovereignty and with the civil law system so fundamental to lawyers' state of mind. However, the economic and political necessities of market integration cannot avoid reshaping even basic structures of general private law (e.g. in the field of consumer protection). The very aim of the treaties is a continuous growth of general welfare within the legal community of Europe; the key mechanism to achieve that aim can be seen in the full release of private freedom and entrepreneurship. There can now can be observed, in EC law, complex and multipolar relationships between private parties, States, and the Community (e.g. in the well-known issue of directives' horizontal direct effect). This situation is not likely to be explained sufficiently by recourse to the fixed and formal sub-ordination structures of nineteenth-century rooted public law. Accordingly, the congress opened with reflections on the general question of competition or unification of legal orders in Europe. This basic feature emerged also in many contributions to specific problems. The congress continued with historical and comparative presentations. The crucial issue under all these perspectives is how to find models apt to meet the requirements of an unprecedented harmonisation process. Certain fields of substantive law were at the centre of the following lectures, especially Labour, Company, and Competition Law. Unfair competition and merger control was also discussed in a round table with renowned representatives of legal practice. The final contributions concerned Private International Law and methodological problems in European Law. The last mentioned aspect is of outstanding importance also for the current debate on the reform of legal studies in Germany. The bulk of knowledge tested in the state examinations has become too great; it even hampers a structural understanding of law. It could be, however, just the links of EC law to foreign legal systems and to other sciences that introduce the student to the inherent openness and incompleteness of law. Method will again turn out to be the only key to a high-level legal argument and practice, as it has always been. In the light of such developments, a further harmonisation of private law should be 'tolerable' even from the continental, systematic, point of view.
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Kleshchenko, N. O. "Law-making activity in the post-war period: challenges and prospects." ACTUAL PROBLEMS OF THE LEGAL DEVELOPMENT IN THE CONDITIONS OF WAR AND THE POST-WAR RECONSTRUCTION OF THE STATE, no. 13 (October 1, 2022): 231–35. http://dx.doi.org/10.33663/2524-017x-2022-13-37.
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The article is devoted to the analysis of the challenges faced by national lawmaking in the postwar period, including setting priorities in the face of lack of resources, as well as optimizing lawmaking activities to regulate legal relations between the state and citizens in the context of postwar reconstruction. It is noted that we have a task to build a new system of relations between the state and society, which should be based on effective and high-quality lawmaking. In order to function effectively, law-making activities should be based on a solid legal basis that regulates the legal status of law-making entities, procedural basis of law-making bodies, legal status of legal documents adopted the procedure for their entry into force, etc. The main directions and priorities of law-making are dictated by modern conditions and objective needs of legal regulation to adapt domestic legislation to the EU legislation, which is provided by Ukraine’s course of integration into the united Europe. The result of all these measures should be to ensure the rule of law, the legal nature of current legislation. The main directions of improving law-making activities and further development of the legislation of Ukraine are, in particular: prompt response to changes in public life by the legislator and timely updating of legislation; in order to streamline the legislation to determine the concept of change (reform) of a particular area (subsector) of legislation; constant social and legal monitoring, which is able to clearly take into account changes in public relations that meet public expectations; consistency in the development of conceptual approaches to lawmaking; improvement of legal modeling as an effective means of normative-legal unification in law-making activity; scientific validity of legislative acts and social expediency of their introduction; improvement of the mechanism of the people’s fourth discussion of bills and optimal consideration of its results in the rule-making of state bodies; taking into account the world experience in the implementation of relevant institutions for rule-making and study of legal techniques; at the legislative level, the settlement of the issue of legislative technique, etc. It is stated that the value of law-making activity in any period directly depends on the harmonious combination of interests of the individual and society as a whole, and on the other - the state as a whole, which characterizes law as a unique phenomenon capable of organization, coherence and efficiency public relations. Key words: law-making, law-making activity, civil society, legislation, rule of law.
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Campana, Marie-Jeanne. "Vers un Langage Juridique Commun en Europe?" European Review of Private Law 8, Issue 1 (March 1, 2000): 33–50. http://dx.doi.org/10.54648/264246.
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The relationships between law and language are so intertwined that it is legitimate to ask, with reference to the Historical School of Law, whether a single legal language is possible within a multilingual Europe. The response cannog be a simple affiramtive or negative one, as some writers rashly claim. It is complex in the same way that legal language itself is complex. It cannot be reduced to the language of legislation, but must include all elements of thelanguage, legislative and jurisprudential. As to the first of these, the problem is not to identify whether the common law and the civil law can be made compatible; it is rather to identify the level at which, in Europe, unification is possible and fate of national differences. If the idea of a European Civil Code is neither practicable nor desirable, how canunity be wrought from the present diversity. A choice must be made between unification, approximation and harmonisation. Unification takes place within the … accorded to regulations (EEC and Euratom). Its sphere of operation should not be elarged. That leaves a choice between approximation and harmonisation. The two techniques must be used as appropriate, depending on the issues involved. From this perspective, approximation should be used for the general law of contract, the main way in which legal relationships are created, building on the work that has taken place with th eframework of the Commission on European Contract Law (Lando Commission) or UNIDROIT. As to the second type of legal language, the language of case law, it is appropriate to stress the great difference between the roles of common law and civil law judges. But on a closer inspection, the difference is not unbridgeable, for judges in the civil law jurisdictions also play a fundamental role in the creation of law. A common 'interpreted law', which is already preceptible in the slow work of the European Court of Justice, will be developed more easily when a body of European jurists has emerged, educated in the many European institutions that already exists, but are not yet sufficiently numerous. No doubt this is a laborious enterprise, because it depends on changes in fundamental thought processes, but it is gradually and irreversibly moving towards the establishment of a 'legal Europe'.
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Rühl, Giesela. "Whos Afraid of Comparative Law? The (Side) Effects of Unification of Private International Law in Europe." European Review of Private Law 25, Issue 3 (June 1, 2017): 485–521. http://dx.doi.org/10.54648/erpl2017035.
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Abstract: Private international law and comparative have a particularly intimate relationship. This is because comparative law is both a method of studying choice of law rules as well as an essential instrument for their interpretation and application. However, the recent large-scale unification of European private international law has jammed a wedge between the former ‘allies’. In fact, when analysing current court practice and academic discourse relating to European private international law one cannot help but notice a striking lack of interest in comparative analyses. The following article sheds light on this development and argues that courts and scholars should resort to comparative analyses more often and more consistently in order to avoid the pitfalls of unification. At the same time the article provides insights into the (side) effects of the large-scale unification of an entire legal field. Résumé: Le droit international privé et le droit comparé sont traditionellement très spécialement liés. C’est comme cela car le droit comparé est une méthode d’étudier des règles de conflit ainsi qu’un moyen essentiel pour leur interprétation et application. Cependant, la récente unification massive du droit international privé européen a semé la zizanie entre les anciens « alliés ». En fait, dans l’analyse de la pratique actuelle des tribunaux et du discours académique concernant le droit international privé européen, on ne peut s’empêcher de noter un manque d’intérêt d’une analyse comparative. L’article suivant se focalise sur ce développement et propose que les tribunaux et les juristes universitaires doivent avoir recours aux analyses comparatives plus souvent et plus systématiquement pour que des pièges de l’unification soient évités. En même temps, l’article fournit un aperçu des effets (secondaires) de l’unification à grande échelle d’un domaine juridique entier.
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VAN CAENEGEM, R. C. "The unification of European law: a pipedream?" European Review 14, no. 1 (January 3, 2006): 33–48. http://dx.doi.org/10.1017/s1062798706000044.
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The unification of European law – if it is ever achieved – belongs to the future, but much of this present article will be devoted to the past. This makes me look like the ancient Roman king Janus, upon whom the god Saturn bestowed the gift of seeing the future as well as the past, which led to his famous representation, in his Roman temple, as a man with two faces. As a professional historian I am, of course, concerned with past centuries, but the future of Europe and European law concerns me as a citizen of the Old World.
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Magdenko, Alexandr D., and Alexandr Yu Tomilov. "Correlation of International and Domestic Law: Procedural and Legal Problems." Pravosudie / Justice 3, no. 3 (September 28, 2021): 189–205. http://dx.doi.org/10.37399/2686-9241.2021.3.189-205.
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Introduction. Despite the multiplicity of works on the relationship between international and domestic law, this problem remains relevant, since due to changes in public relations, the understanding of the functioning of the rules of law changes. This concerns the problem of the influence of international law on the process of changes in civil procedure legislation. This issue also complicates the active phenomena of the globalisation of public relations, and the requirement of unification of legal relations, both in the public and private legal spheres. National communities have an interest in this. At the same time, the processes of borrowing and unification under the influence of international law in the civil procedure sphere have their own distinctive feature. They always give priority to national legal systems, which does not exclude, (due to the intensive convergence of different communities), the manifestation of elements of borrowing from the norms of international law. Theoretical BasIs. Methods. The main research methods are comparative legal and historical. The study analyses the relationship between international and national law in the framework of civil procedure relations, taking into account the effect of globalisation. Results. An analysis of the current nature of the relationship between international and domestic law allows us to conclude that the globalisation processes contribute to the convergence of these two legal systems. The modern interpretation of the Constitution in the light of the legal positions of the Constitutional Court marked a departure from the traditional Russian dualistic understanding of the problem of the relationship between international and domestic law in the direction of moderate monism. Discussion and Conclusion. The analysis of the impact of globalisation processes on the mechanism of implementation of international law in the field of civil procedure legislation is carried out. The obtained results and conclusions allow us to determine the features and nature of the current relationship between international law and national law in the framework of civil procedure relations.
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Pearce, Augur. "International Conference on the Unification of Europe and the Relationship of Society, State and Church." Ecclesiastical Law Journal 6, no. 28 (January 2001): 58–60. http://dx.doi.org/10.1017/s0956618x00004282.
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Under the auspices of the Wolfsburg Catholic Academy, invited delegates from England and Wales, France, Germany, Poland, Hungary and Spain assembled in Canterbury for three days in September 2000 to consider the present state of the Church/nation relationship in their home jurisdictions and the possible implications of a variety of European developments.
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Gábriš, Tomáš. "Slovak Share in the Unification and Codification Efforts in Interwar Czechoslovakia." Krakowskie Studia z Historii Państwa i Prawa 15, no. 2 (June 30, 2022): 307–23. http://dx.doi.org/10.4467/20844131ks.22.021.15724.
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The creation of the Czechoslovak Republic and its legal system had its basis in the Act No. 11/1918 Coll. The Act preserved in force former Hungarian law in the territory of Slovakia. In Czech lands, former Austrian law was to be used further on. Quite understandably, attempts were present already in the interwar period to unify the legal system of Czechoslovakia. Analysis of the process and results of unification of law in Czechoslovakia reveals the participation of broad-scale of Slovak lawyers in the process and partial influence of law valid in Slovakia in the projects of new Czechoslovak codes. In the area of substantive law, the revised Austrian Civil Code (ABGB) was to become the basis of the new Czechoslovak Civil Code and therefore, not much space was left for “Slovak law”to influence the final version of the Civil Code project. In the area of procedural law, however, the codes of civil procedure valid in the Czech part and in the Slovak part of the Republic were not as different as it was the case with the substantive civil law. Therefore, the unification process was easier and many institutes of law valid in Slovakia were to be preserved in the project of the Czechoslovak Civil Procedure Code. Unfortunately, the events of the years 1938–1939 was the reason for none of the prepared projects being actually enacted. It was only after the Second World War (mostly in 1950) that the legal order was finally unified in Czechoslovakia.
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Peters, Anne, and Heiner Schwenke. "Comparative Law Beyond Post-Modernism." International and Comparative Law Quarterly 49, no. 4 (October 2000): 800–834. http://dx.doi.org/10.1017/s0020589300064666.
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The legal version of post-modernism has not failed to challenge comparative law. It points out that, traditionally, comparatists have participated in a project of objectivity, universalism and neutrality of law, of which the “new” approach to comparative law is altogether sceptical.1 In the era of globalisation, both the discipline and its critique have gained relevance. What the transition of post-socialist countries and the unification of Europe have effected regionally, globalisation now accomplishes on a global scale: it creates desires for harmonisation and, as a pre-requisite, legal comparison. However, not only the technical function of comparative law is needed, but also its critical potential. In the process of globalisation, different legal systems and different cultures are confronted with each other and must interact. This provokes new questions about the options and limits of comparative law and legal unification, regarding, for instance, the applicability of specific moral and legal standards to other cultures by comparatists and law-makers. These questions are all the more pressing as we begin to realise that governing globalisation, in particular economic globalisation, with the help of global law perhaps requires a concept of a global legal order which is based on a “global legal pluralism”.2
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Berger, Christian. "OSCE and International Law." International Journal of Legal Information 24, no. 1 (1996): 36–47. http://dx.doi.org/10.1017/s0731126500000056.
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The Organization for Security and Co-operation in Europe (OSCE) pursues a concept of co-operative security which encompasses commitments by participating States in the areas of military security, political co-operation, human rights, economy, culture and the environment. Its priorities are to consolidate common values and build civil societies, prevent local conflicts, restore stability and bring peace to war-torn areas, overcome real and perceived security deficits and avoid the creation of new divisions by promoting a co-operative system of security. The OSCE is the primary instrument for early warning, conflict management and crisis management in the OSCE region, i.e. Europe, Central Asia and North America. Its basic feature is the strict equality of all 55 participating States, which is well reflected in its decision-making process. With a few exceptions, decision-making at meetings within the framework of the OSCE is only possible by consensus, which is considered to be achieved if no State has expressed an objection. States are, however, allowed to make reservations or interpretative statements.
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Veil, Rüdiger. "Enforcement of Capital Markets Law in Europe — Observations from a Civil Law Country." European Business Organization Law Review 11, no. 3 (September 2010): 409–22. http://dx.doi.org/10.1017/s156675291030005x.
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Муратова, Ольга, and Olga Muratova. "PRE-CONTRACTUAL RELATIONS IN INTERNATIONAL COMMERCIAL TURNOVER: SPECIFICITY AND TENDENCIES OF LEGAL REGULATION." Journal of Foreign Legislation and Comparative Law 3, no. 3 (July 10, 2017): 69–76. http://dx.doi.org/10.12737/article_593fc343b94613.23365582.
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The article is devoted to analysis of specifics and trends of legal regulation of pre-contractual relations in international commercial turnover. The emergence of disputes arising from pre-contractual relations, the recognition of the doctrine of culpa in contrahendo, which appeared in the late nineteenth century and helped to establish the Institute that meets the needs of the international commercial turnover in the XXI century. The determining factor in the formation of the new Institute of pre-contractual relations of the Russian civil law are the successes of the foreign national codifications of private law and the unification of international private law in the European Union in the framework of non-governmental organizations: International Institute for the Unification of Private Law (UNIDROIT), the Hague conference on private international law, etc. These achievements prefaced the inclusion in the civil code provisions on pre-contractual relations by putting the question of formal recognition of their existence as an independent Institute of the civil law on the legal consequences occurring as the result of unfair behavior at the pre-contractual stage. The author also draws attention to the complexity of the recognition of those or other actions of potential contractors of the existence of pre-contractual relations, which raises the question of whether their formalization through written fixation. In addition, the author considers the problem of implementation in the Russian legislation the principle of autonomy of will of parties to select the law applicable to pre-contractual relations. At the end the author comes to a conclusion that the most suited to modern commercial reality is an approach, according to which the principle of autonomy of will of the parties is a fundamental criterion for determining the law applicable to pre-contractual relations. The choice of such rights must be granted to the parties pre-contractual relations, as the conclusion of the main contract or after its conclusion (for example, if you have any pre-contractual dispute).
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Laclavíková, Miriam, and Michal Tomin. "Adoption (Successful Unification of Adoption Law in Interwar Czechoslovakia)." Krakowskie Studia z Historii Państwa i Prawa 15, no. 2 (June 30, 2022): 325–38. http://dx.doi.org/10.4467/20844131ks.22.022.15725.
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The study analyses the Hungarian and Austrian adoption laws that inspired lawmakers of the Czechoslovak Act No. 56 of 1928 Coll. As the Hungarian and Austrian laws, the Czechoslovak Act of 1928 on Adoption recognised adoption as a contract to ensure an heir. It advocated compliance with the principle adoptio naturam imitatur. Therefore, it helped to improve the social and legal position of abandoned and neglected children. For lawmakers, the primary inspiration source was the Austrian General Civil Code (ABGB). Nonetheless, several provisions of the ABGB were identical with the Hungarian customary law, court practice, and office practice. Adopters had to be childless, older than forty years of age, and a minimum of eighteen years older than the adoptees. Married persons could adopt only with the consent of their spouses (in this, the influence of the ABGB was the strongest). Contrary to ABGB, but under the Hungarian court practice, was the possibility for a man to adopt his illegitimate biological child. It was possible to adopt majors as a limitation to the principle adoptio naturam imitatur. Adoption was a contractual relationship. It established a relation only between the adopter and adoptee, while the relationships of the adoptee with the birth family continued. For instance, if the adopter failed in his duty to aliment the adoptee, the biological father had a supportive legal obligation to pay alimony. The main goal of the adoption process was to produce an heir. For this reason, we can conclude that the interests of adopters prevailed over the interests of adoptees. It changed radically after 1949, and the most important in the adoption process has become the best interest of the child.
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Medushevskiy, Andrey. "Global Constitutionalism and Legal Fragmentation: The Populist Backslide in Central and Eastern Europe." Studia Iuridica Lublinensia 30, no. 4 (October 13, 2021): 393. http://dx.doi.org/10.17951/sil.2021.30.4.393-440.
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<p>Globalisation has provoked a deep transformation in international law, political affairs and governance with contradictory consequences. It has stimulated the cosmopolitan project of global constitutionalism, transnational integration and the unification of democratic standards. However, it also resulted in the fragmentation of international affairs, the deterioration of constitutional democracy and a feeling of a growing shortage in democracy on national and international levels of governance. Trying to balance the impact of these two opposing trends, the author analyses the positive and negative effects of globalisation on constitutional development regarding such issues as transnational constitutionalisation, democracy and national sovereignty, the changing place of multilayer constitutionalism, the international separation of powers, and the system of global governance in the establishment of transnational constitutional democratic legitimacy. From this point of view, the populist backslide in Central and Eastern Europe (CEE) looks dangerous and unforeseen, but it is a systemic and potentially predictable reaction of global regions on the uneven character of integration, the lack of democratic legitimacy and a new answer to the contortions and dysfunctions of global governance. An adequate response to these challenges could be found in a new concept of constitutional integration based on ongoing dialogue between the transnational and national actors of legal globalisation. This dialogue is possible by using a conflict-mediation strategy, elaborated by international experts, especially, for the deliberation of complex and protracted conflicts, which have no clear practical solutions in the short to medium term.</p>
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von der Dunk, F. G. "Challenges and Opportunities: The European Communities and the Conference on Security and Cooperation in Europe." Leiden Journal of International Law 3, no. 2 (December 1990): 247–57. http://dx.doi.org/10.1017/s0922156500001515.
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The astonishing sequence of events during the past twelve months which have completely turned Eastern Europe upside down and mark the beginning of a new era of which nobody yet knows the outlines, has turned out to be of crucial importance for the future of the European Communities as well. One of the international fora where this is obvious, is the Conference on Security and Cooperation in Europe. With Soviet President Gorbachov calling for a follow-up Conference this November, American President Bush willing to give Western Europe -read the E.C.- primary responsibility for the economic resurrection and political integration within the West of Eastern Europe; West German Chancellor Kohl totally preoccupied by German unification, British Prime Minister, Thatcher, and French President, Mitterand, unable to give Western Europe the lead, necessary and desired, the European Communites have a unique political opportunity to take some decisive steps towards the proclaimed ultimate goal of a European Union by further tightening the Communities and enforcing their autonomous role, inter alia within the CSCE. At the same time, those steps not only seem legally desirable, but e.g. with respect to that same CSCE, perhaps also necessary for purposes of international law!
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Scherer, Matthias. "New Rules for Litigation and Domestic Arbitration in Switzerland." Revista Brasileira de Arbitragem 8, Issue 29 (March 1, 2011): 121–32. http://dx.doi.org/10.54648/rba2011006.
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ABSTRACT: Switzerland is one of the world's leading places for international arbitration proceedings. Swiss arbitration law is based on a dual system. International arbitration proceedings are governed by the Swiss Federal Act on Private International Law ("PIL Act"). Until recently, domestic arbitration proceedings were governed by a treaty among the Swiss cantons-the Intercantonal Concordat on Arbitration ("Concordat"). On 1 January 2011, the unified Swiss Federal Code of Civil Procedure ("SCCP") entered into force. This is the most important development in the Swiss legal order since the unification of the civil, commercial and criminal law at the beginning of the 20th century. The SCCP abolishes and replaces the 26 cantonal codes of civil procedure as well as the Concordat on domestic arbitration which, while modern when it was established in 1969, no longer met the expectations of users in the 21st century. The present paper summarizes some of the key features of the SCCP in the field of arbitration.
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Smernytskyi, Demian, Kostiantyn Zaichko, Yurii Zhvanko, Malvina Bakal, and Tetiana Shapochka. "Comparative analysis of the legislative support for law enforcement agencies in the post-soviet space and Europe." Cuestiones Políticas 39, no. 70 (October 10, 2021): 524–47. http://dx.doi.org/10.46398/cuestpol.3970.31.
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The aim of the study was to determine the most effective model for regulating law enforcement in Europe and the post-Soviet space, as well as to formulate recommendations for the unification and standardization of legislation in this area. The empirical background was statistics on crime rates, premeditated murders by country; provisions of legislation governing the law enforcement activities of 13 countries and international regulations. Methods of system approach, descriptive statistics, descriptive analysis, generalization and prognosis, system selection, comparative method was used. The activities of law enforcement agencies are aimed at ensuring public order, national security and the protection of human rights, freedoms, and interests. Each state has its own law enforcement system, which is clearly regulated. The main indicator of the effectiveness of law enforcement is the crime rate and the level of security in the country. It is concluded that the most effective is the law enforcement model with its fundamental principles of decentralization of law enforcement agencies.
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Margolis, Justin. "When Jumbo Jets Share the Sky: Civil Aviation in the European Union and the United States of America." European Foreign Affairs Review 19, Issue 1 (February 1, 2014): 83–100. http://dx.doi.org/10.54648/eerr2014005.
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The global scope of civil aviation has increased at an exponential rate since the signature of the Chicago Convention in 1944. However, when it comes to recognizing zones of regional integration, such as the European Common Aviation Area (ECAA), international aviation law lags in progress. This article examines the new challenges in civil aviation arising for the European Union and Europe's relations with third countries, as seen through the lens of the EU-US Open Skies Agreement (OSA).The unification of European airspace and specifically the creation of the Schengen Area are clashing with traditional definitions of international and domestic flights. This incoherence between international air law and the European Union's novel creation is leading to inequalities in Europe's external air transport agreements. Open Skies liberalized civil aviation between the world's two largest aviation markets, but inequalities still remain, notably regarding the granting of air rights to passenger carriers and investment opportunities for European nationals in American air carriers. This article oversimplifies the technicalities of aviation law, and is destined for those with little or no knowledge of the subject.
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Varavenko, Victor Evgenyevich, and Valeriya Andreevna Ostroukhova. "Unilateral termination of construction contract: comparative analysis of civil Legislation and international contract forms." Право и политика, no. 2 (February 2021): 70–82. http://dx.doi.org/10.7256/2454-0706.2021.2.35113.
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The subject of this research is the similarities and differences between the contract forms developed by the international nongovernmental organizations for application in the sphere of investment construction activity (contracts terms for engineering, procurement, construction/ for turnkey projects, second edition of 2017, developed by the International Federation of Consulting Engineers (FIDIC), framework “turnkey” contract for large projects, first edition of 2007, developed by the International Chamber of Commerce (ICC)) and the norms of national civil legislation (Parts I and II of the Civil Code of the Russian Federation) that regulate unilateral termination of construction contracts. The novelty of this research lies in conducting a comparative analysis of Russian legislation and contract forms developed by the international nongovernmental organizations. The examination of foreign experience in the sphere of legal regulation of termination of contract are based on analysis of the norms of contract law of the national legal systems of foreign countries. However, according to the foreign authors, contract law within the systems of both, general and continental law, was developing in seclusion, without substantial influence of one national system upon another. International influence upon the national contract law emerged relatively recently in the sphere of foreign economic activity. At the same time, the key factor for mutual enrichment of the national systems of contract law became the use of international contract forms, which contributed to the unification of contractual regulation of the relations of obligation in national jurisdictions. Their influence upon the development of contract law was far more substantial than even the development of international conventions with substantive law regulations.
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Ludlow, N. Piers. "More than just a Single Market: European integration, peace and security in the 1980s." British Journal of Politics and International Relations 19, no. 1 (December 29, 2016): 48–62. http://dx.doi.org/10.1177/1369148116685295.
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Economics was central to Europe’s problems in the early 1980s and its successes after 1985. But to view the European Community solely in this manner disregards the enduring importance of the quest for European peace. European leaders used the integration process as a mechanism to influence East–West relations and the Middle East. Peace rhetoric and symbolism sustained the core Franco-German partnership. European integration was crucial to the continent’s ability to peacefully absorb a huge shock in the form of German unification. And the Community’s role in exporting democracy, first to southern Europe, then to Eastern Europe, confirmed that integration was about more than just the Single Market.
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Salamakhina, Ekaterina, and Miloš Poliak. "The comparison of forwarding conditions in countries with a civil law system." Archives of Automotive Engineering – Archiwum Motoryzacji 98, no. 4 (December 30, 2022): 56–64. http://dx.doi.org/10.14669/am/158054.
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The issue of creating international legislation capable of regulating the sphere of forwarding has been considered for quite a long time. The actively expanding volume of services provided by freight forwarders and the increasing blurring of its role and area of responsibility create problems in the mutual understanding of the participants in the client– forwarder – third party chain. The main obstacle to the implementation of an international legislative act is the difference in the laws and customs of individual countries. To identify these differences, the authors analyzed such factors as the range of services provided by the forwarder, the conditions of access to the forwarding market, the type of representation used by forwarders in the contract and the definition of the boundaries of the forwarder's responsibility to the client. The analysis was carried out by studying national legal acts regulating the field of forwarding, as well as the general conditions of forwarding applied by members of national associations of forwarding and logistics in countries with a civil law system. The greatest difference was revealed in the field of conditions of access to the forwarding market, while the functionality of the forwarder, the types of representation used and the limits of responsibility of forwarders from different countries did not indicate any big differences. The result of the work is the conclusion that there are no critical differences in the work of freight forwarders of countries with a civil law system that can hinder the unification of forwarding conditions.
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Marmo, Marinella. "Common Law and Civil Law Interactions in Criminal Justice at Judicial Level in Western Europe." European Journal of Crime, Criminal Law and Criminal Justice 13, no. 4 (2005): 565–84. http://dx.doi.org/10.1163/157181705774662580.
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Wurmnest, Wolfgang. "Trees or Forest? – Colloque international et Session internationale d’études doctorales sur la réception du droit communautaire en droit privé des États Membres." European Review of Private Law 11, Issue 3 (June 1, 2003): 477–80. http://dx.doi.org/10.54648/erpl2003029.
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The impact of European Law on national private law and the idea to harmonise larger fields of private law seemed to be less discussed in France than elsewhere in Europe. Few conferences touched upon this field and French doctrine was rather quiet on this subject. This has changed fundamentally. The Commission’s Communication on European Contract Law triggered a discussion on the desirability and necessity of a European unification of private law. Many academics voiced their concerns and Ives Lequette rejected the idea fiercely. Against this background more than 160 academics from all over France and other EU Member States participated actively in the “Colloque international sur la réception du droit communautaire en droit privé des États Membres”. The conference was organised by Jean-Sylvestre Bergé and Marie Laure Niboyet and hosted by the University Paris X-Nanterre. The discussions during this congress made clear that the severe criticism expressed by some French legal writers towards the Europeanization of private law must be seen as the exception and not the rule. The conference focused on the reception of European Law in the fields of contract and tort law, family law, labour law, international private law and law of procedure. Each field was presented by a French and a foreign speaker. The Colloque was accompanied by a “Session internationale d’études doctorales” where young researchers from many EU-Member States formed six working groups on the aforementioned topics. The intention of the Session was twofold: each group followed a work program to analyse selected problems in a comparative perspective. The second and even more important aim was to enhance the exchange between the different legal cultures in Europe.
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Dir, Igor. "Normative system of protection of civil human rights in Ukraine within the framework of the Council of Europe under domestic law." Law Review of Kyiv University of Law, no. 1 (May 5, 2021): 322–25. http://dx.doi.org/10.36695/2219-5521.1.2021.63.
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The article summarizes the system of human rights protection in Ukraine within the framework of the Council of Europe underdomestic law. The main purpose of the article is a comprehensive scientific analysis of the legal regulation of the protection of civilhuman rights in Ukraine within the Council of Europe. In addition, it was analyzed that a clear interpretation of the term “regulatorysystem of civil rights in Ukraine within the Council of Europe under domestic law” does not exist, however, it was offered an author’svision of the term in accordance with the study, explored the main elements, defined international law acts adopted by Ukraine in theframework of its obligations to the Council of Europe and defining the laws in which they have been implemented and the date of entryinto force for Ukraine. In addition, the international legal acts adopted by Ukraine were analyzed before and after accession to the Councilof Europe. It is determined that during all this time Ukraine has ratified 118 international treaties of the Council of Europe. The preconditionsfor Ukraine’s accession to the Council of Europe and its evolution were also studied. The main reforms in which Ukraine isassisted by the Council of Europe were also identified. In addition, the main areas of cooperation between Ukraine and the Council ofEurope were identified. As well as, the main purpose of the Council of Europe, the Statute of the Council of Europe, the competencesand the main achievements of the organization were also analyzed, and the member states were identified. In particular, the mainachievements of the Council of Europe were highlighted and it is determined that today it is a leading organization on human rightscontent. The main scientists who study the problems in Ukraine and the world are analyzed.
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van Rhee, C. H. "Civil Procedure: A European Ius Commune?" European Review of Private Law 8, Issue 4 (December 1, 2000): 589–611. http://dx.doi.org/10.54648/315110.
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In many countries civil procedure is considered a subject hardly lending itself for scholarly investigation. To prove that this was not always the case, the present article starts by outlining the history of civil procedural law as an academic discipline. The outline shows that civil procedure was considered to be worthy of scholarly attention up to the period of codification. The situation changed after the laws of civil procedure in the various European countries had been codified. One of the reasons was the decline in significance of legal history and comparative law as a result of codification. The article subsequently discusses two questions of civil procedure particularly deserving academic study within the context of contemporary Europe. The questions are the following: 1) To what extent can the law of civil procedure be regarded as an international, European discipline? 2) What roles can legal history and comparative law play in shaping the future law of civil procedure?
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Rikhof, Joseph. "Exclusion Law and International Law: Sui Generis or Overlap?" International Journal on Minority and Group Rights 20, no. 2 (2013): 199–232. http://dx.doi.org/10.1163/15718115-02002004.
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There exists a strong synergy between the regulation at the international level of minority rights, asylum and criminal prosecutions of violations of human rights. The aspirations of minorities as a human right are recognised in the International Covenant on Civil and Political Rights while the violation of such a right can confer on a victim the status of refugee in a third country. As well, persons who are responsible for causing very serious disruptions to the rights of minorities and other groups can be brought to justice for the commission of genocide and crimes against humanity, particularly persecution. While in general there has been a clear distinction between the granting of asylum or refugee status to victims of persecution one hand and the prosecution of perpetrators of persecution on the other, these two notions have been brought together into the concept of exclusion in order to address the phenomenon of persons with a criminal background being part of the refugee stream arriving in a third country. Exclusion is an essential part of refugee law to ensure that persons who have committed criminal acts will not benefit from the benefits set out in the Refugee Convention. This article will discuss the parameters of exclusion as determined by the jurisprudence in six countries in North America and Europe where this issue has been at the forefront in the last decade.
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Karadjova, Mariana. "Property Restitution in Eastern Europe: Domestic and International Human Rights Law Responses." Review of Central and East European Law 29, no. 3 (2004): 325–63. http://dx.doi.org/10.1163/1573035042132932.
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AbstractThis article presents an overview of how those East European countries that are members of the Council of Europe have approached the problems of restitution as a means of reparation for past injustices. In doing so, attention will be paid to: the entitled persons and the extent of restitution; the underlying motivations vis-à-vis the form of reparation (restitution in kind or compensation), and attitudes towards minority groups and foreigners as part of the restitution process. Emphasis will also be given to the role played by international instruments (the ECHR and its future Protocol 12, the International Covenant on Civil and Political Rights, various UN resolutions, etc), as well as by judicial institutions (the European Court of Human Rights, the UN Human Rights Committee) in the evolution of the restitution process in Eastern Europe in general, and regarding such issues as equality between foreigners and nationals as well as minority and religious groups and the elaboration of an international standard of restitution as reparation for abuses of human rights in particular. The bodies of the ECHR have managed to avoid problems related to restitution and reparations for past injustices by arguing that the right of restitution is not guaranteed by art.1 of Protocol 1 to the the ECHR. But the entry into force of a new Protocol 12 to the Convention will likely result in changes being made in this thought process, at least as regards the position of foreigners. If measures denying restitution, owing to the claimant's nationality, were taken after ratifi cation of Protocol 12, the way should be opened in the future to foreigners (in addition to procedures before the UN Human Rights Committee) to more effectively defend their rights relative to such restorative measures: notably, the possibility of seizing the Strasbourg Court with claims relating to justifi cation for "unequal treatment". The right to remedy the injustices committed to the victims of violations of human rights and international humanitarian law has appeared with increasing frequency on the agenda of the UN Commission on Human Rights. Furthermore, in its recent case law, the UN Human Rights Committee has evidenced a concern over several questions relating to the respect of possessions; it has already opted for the proposition that any discrimination on the basis of nationality in restitution legislation can be deemed to be a violation of the International Covenant on Civil and Political Rights. Lastly, after ratifi cation of Protocol 12, we can expect a link to be forged between the vision of the UN Commission on Human Rights and that of the European Court of Human Rights that may—in the future—lead to the elaboration of a common international mechanism regulating restitution as a means for the reparation of abuses of human rights.
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Proshin, V. A. "Colloquiums of Novelists as a Factor in the Development of International Cooperation." Juridical Science and Practice 15, no. 4 (2020): 61–66. http://dx.doi.org/10.25205/2542-0410-2019-15-4-61-66.
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The article will analyze the work of the colloquiums of novelists, scholars and professors of law schools in Europe and Asia, conducted in the late 20th and early 21st centuries, and their impact on the process of studying Roman law in the modern period. It is concluded that colloquiums were an important factor in the development of international cooperation and the international institution of civil society.
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Lambert, Hélène. "Protection AgainstRefoulementfrom Europe: Human Rights Law Comes to the Rescue." International and Comparative Law Quarterly 48, no. 3 (July 1999): 515–44. http://dx.doi.org/10.1017/s0020589300063429.
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A growing opinion has appeared in refugee and human rights discourse that the 1950 European Convention on Human Rights and Fundamental Freedoms (the European Convention) provides more extensive protection againstrefoulementthan the 1951 UN Convention relating to the Status of Refugees (the Refugee Convention). However, uncertainties remain as to whether the protection offered by the 1984 UN Convention against Torture (the Torture Convention) and the 1966 UN International Covenant on Civil and Political Rights (the Political Covenant) may substitute, or, rather, reinforce, that of the European Convention. Which of these four instruments offers the greatest protection against a decision ofrefoulementfrom a European country? The answer to this question is far from being academic. The rule that an international organ may only be competent to consider an individual petition or communication provided “the same matter is not being examined under another procedure of individual investigation or settlement” is embodied in all three instruments providing a procedure for individual complaints. It is therefore crucial for an asylum-seeker to give his or her best shot first, even if, as rightly pointed out by Liz Heffernan, the Strasbourg organs and the Geneva organs are not in competition.1This article will review the scope of protection afforded under the three of these treaties which provide an international enforcement mechanism to persons who have sought refugee status in the domestic jurisdiction.
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Dobrilă, Mirela Carmen. "UNIFICATION OF CRITERIA FOR THE ASSESSMENT OF GOOD FAITH IN NEGOTIATING CONTRACTS: FROM NATIONAL TO INTERNATIONAL THROUGH THE INTERCESSION OF THE EUROPEAN EXPERIENCE." Agora International Journal of Juridical Sciences 9, no. 2 (July 28, 2015): 1–10. http://dx.doi.org/10.15837/aijjs.v9i2.2040.
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This paper seeks to emphasize the idea and the efforts to unify the criteria for the assessment of good faith in the context of contract negotiation. In this regard, the paper observes the vision of the Romanian legislator regarding good faith in contract negotiation but also the existing vision at European level by highlighting links with existing coding projects at European contract law level and with other foreign civil codes in the context of certain aspects of comparative law.
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Abeyratne, Ruwantissa. "The Outcome of the 40th ICAO Assembly: A New Look at ICAO?" Air and Space Law 45, Issue 1 (March 1, 2020): 81–96. http://dx.doi.org/10.54648/aila2020005.
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The 40th Session of the triennial Assembly of the International Civil Aviation Organization (ICAO) took place in Montreal from 24 September to 4 October 2019. Notably, 2019 marked some important milestones in aviation: the 100th anniversary of the Paris Convention relating to the regulation of aerial navigation, signed on 13 October 1919; the 90th anniversary of the Warsaw Convention for the unification of certain rules relating to international carriage by air, signed at on 12 October 1929; and the 75th anniversary of the Convention on International Civil Aviation (Chicago Convention), signed on 7 December 1944. In the aviation context, 2019 was truly a year which called for reflection by the Assembly. The Assembly was also significant in its general theme of implementing the mantra of ICAO: ‘no country left behind’, through both a prospective and retrospective look at the performance of the Organization, as epitomised by a compelling working paper submitted by the United States at the Assembly. The article noted that ICAO’s traditional business practices may not keep up with the rapid pace in which the aviation industry is developing. It therefore exhorted ICAO to deliver through transparency for inclusiveness and better decision making; a positive work environment for high performance; leveraging partnerships for a better future; demonstration that it delivers what Member States need on a timely basis and uses all available resources for the greatest benefit to Member States and the aviation sector in a cost-effective manner; and the expansion of resources for delivery. This article examines this theme through the prism of some Resolutions adopted by the Assembly and inquires into what ICAO should do. ICAO, organizational efficiency; aviation; air transport; business planning
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Karpovich, O. G. "Review of the monograph “Actual problems of law and economics in the perspective of interdisciplinary scientific research as a form of international cooperation”." Courier of Kutafin Moscow State Law University (MSAL)), no. 1 (April 7, 2022): 116–21. http://dx.doi.org/10.17803/2311-5998.2022.89.1.116-121.
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The article is a review of the monograph “Actual problems of Law and Economics from the perspective of interdisciplinary scientific research as a form of international cooperation”, which was prepared for the IV International Legal Forum “Modern Problems of Law and Economics in Europe and Asia” on September 11—16, 2021, which was held at the Kutafin Moscow State Law University. The monograph is a comprehensive scientific work reflecting modern and current trends in the development of law and economics. Scientists from Europe and Asia took part in the work, the relevance of the scientific monograph is its interdisciplinary nature and the depth of comparative legal analysis. The book can be recommended to teachers, graduate students and law students, diplomatic workers and researchers, practicing lawyers and civil servants.
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Lazowski, Adam. "And Then They Were Twenty-Seven… A Legal Appraisal of the Sixth Accession Treaty." Common Market Law Review 44, Issue 2 (April 1, 2007): 401–30. http://dx.doi.org/10.54648/cola2007035.
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On 1 January 2007 the European Union expanded to twenty seven Member States. In political terms the accession of Bulgaria and Romania is an important step in the unification of Europe, bringing the post war divisions of the continent to the end. However, it also raises questions of the future of the European Union and its unity. The sixth enlargement has been overshadowed by the economic and legal preparedness of the newcomers. The Accession Treaty makes this wave of enlargement possible; the question remains if it will be sufficient to secure smooth integration of the two least developed and poorest members of the European Union. This article provides an overview of the key provisions of the Accession Treaty. It starts with the analysis of the structure and institutional provisions of the Treaty. This is followed by parts devoted to safeguard clauses and transitional periods. Finally, the legal implications for the EU’s external commitments are taken on board.
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Nardin, Terry. "Moral Renewal: The Lessons of Eastern Europe." Ethics & International Affairs 5 (March 1991): 1–14. http://dx.doi.org/10.1111/j.1747-7093.1991.tb00227.x.
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Nardin uses the Eastern European experience of the late 1980s and the works of Adam Michnik and Vaclav Havel to demonstrate the traditional cosmopolitan Kantian notion of morality in the “appeal to universal human values.” Nardin uses three major elements to argue the impossibility of such a concept: “the law of nature,” based on Stoic and Judeo-Christian foundation, focusing on reason and rationality of the individual rather than custom or divine authority; the uniqueness of various cultures challenging the universal “cosmopolitan” outlook on morality; and the differences among universal principles of morality relative to personal human experiences throughout time. Nardin concludes that the moral renewal in Eastern Europe is evidence that destructive consequences of moral diversity do not preclude a civil society once agreements on authoritative principles and laws are institutionalized. Each individual's own ethical conduct and internal moral guidance offer the basis for criticism and reform of law through membership in particular communities and common humanity.
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Fedorenko, V. L., and M. V. Fedorenko. "Principles of constitutional law: essence, content and system." ACTUAL PROBLEMS OF THE LEGAL DEVELOPMENT IN THE CONDITIONS OF WAR AND THE POST-WAR RECONSTRUCTION OF THE STATE, no. 13 (October 1, 2022): 160–66. http://dx.doi.org/10.33663/2524-017x-2022-13-25.
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The publication is devoted to identifying the essence and content of the category of “principle of constitutional law” and identifying its relationship with related but not identical categories: values, ideals, foundations, principles, objectives, mandatory rules, laws, etc. Genesis and development of ideas about the principles of constitutional law and their consolidation in constitutions and constitutional acts are analyzed. The systematization of the main types of relevant principles and groups is carried out: principles of constitutionalism and constitutional doctrine, principles of science and education of constitutional law, principles of the constitution, as well as principles of constitutional law-making, law enforcement and justice (jurisdictional) activities. It is argued that modern constitutions enshrine in the norms-principles the most important values of the constitutional order: the rule of law, rule of law, freedom and democracy, the inviolability of fundamental human rights, etc. But their real embodiment presupposes unification and interaction of civil society with the state. Key words: principle, principle of constitutional law, system of principles of constitutional law, principle of constitutionalism, principle of the Constitution, principles of the science of constitutional law.
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Nowak, Manfred. "The Right of Self-Determination and Protection of Minorities in Central and Eastern Europe in light of the case-law of the Human Rights Committee." International Journal on Minority and Group Rights 1, no. 1 (1993): 7–16. http://dx.doi.org/10.1163/157181193x00077.
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AbstractThe right of self-determination and protection of minorities in Central and Eastern Europe is discussed in the light of the case law of the Human Rights Committee, which shows that many traditional minorities in Central and Eastern Europe are to be qualified as minorities within the meaning of article 27 of the UN Covenant. The author concludes that the UN Covenant on Civil and Political Rights still remains the only international treaty guaranteeing protection to minorities and providing measures of international supervision. He argues for a common and internationally binding European agreement providing adequate protection against minority rights violations, be it in the framework of the CSCE, Council of Europe or an enlarged European Communities.
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Bikelis, Skirmantas. "Label V. Content: The Problem of Non-Recognition of Civil Confiscation Orders in Europe." Baltic Journal of Law & Politics 15, no. 1 (October 1, 2022): 54–70. http://dx.doi.org/10.2478/bjlp-2022-0003.
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Abstract The paper discusses the problem of non-recognition of civil confiscation orders in Europe. Despite the breakthrough in international cooperation in the freezing and confiscation of crime proceeds in the criminal law domain, the formal approach in some European states destroys the potential of one of the most advanced instruments against crime proceeds—civil confiscation orders. The study offers a comparative analysis of the concepts of the confiscation of crime proceeds within and outside the frameworks of criminal proceedings. The analysis serves as the basis for the discussion of whether there is reasonable ground for the formal distinction between these concepts. The author concludes that the formal elimination of the civil confiscation orders has no substantial background. The analysis of both extended powers of confiscation in the criminal law domain in Europe and the Lithuanian Law on Civil Confiscation in the light of principles of proportionality and fair proceedings shows that civil confiscation regimes outside the framework of criminal proceedings may provide adequate safeguards to those provided in the confiscation regimes within criminal proceedings. The paper contributes to the discussion that is relevant to any European state that considers enacting or amending the civil confiscation legal framework or the legal regulation on recognising and executing crime proceeds confiscation orders. The paper elaborates on the approach that could enhance cooperation among European states in the prevention of organised crime.
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Spasybo, Valentine. "Genesis of legal regulation of airport services in Ukraine." Legal Ukraine, no. 12 (December 19, 2019): 6–16. http://dx.doi.org/10.37749/2308-9636-2019-12(204)-1.
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The study of the genesis of legal regulation of relations in the provision of airport services allows us to draw the following conclusions. Airport services and their legislative regulation are directly related to air transportation services. With the expansion of the scope of these services, airport services also developed. These types of services began to take shape in the early ХХ century and rapidly developed with the creation of a network of airports around the world, including in Ukraine. At the same time, legislative regulation was formed as a set of rules governing transportation, then legislation on the provision of services joined it. It was established that civil legislation on airport activities historically supplemented the legislation on air transportation, the main purpose of which was to comply with air safety guarantees. A peculiarity of the civil legislation of Ukraine governing the activities of airport services is that its basic norms are not contained in the Civil Code of Ukraine, but in the norms of other legislative and by-laws, primarily in the Air Code and the Aviation Rules of Ukraine, as well as in the administrative, economic, tax, labor, environmental, land and other branches of law. However, the core of this set of norms is precisely the rules of civil law, which allows you to regulate these relationships using the principles and methods of civil law and at the same time take into account the links between the various branches of legislation as elements of the system. It is concluded that the legislation of Ukraine on the provision of airport services should be developed in the process of its unification with EU directives, standards and recommended practices of the International Civil Aviation Organization, due to the global processes of the impact of globalization on these relations and international obligations undertaken by Ukraine. Key words: legal regulation, civil law relations, civil law, airport service, Air Code of Ukraine, Aviation Rules of Ukraine.
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Zirat, Gennadii. "Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters: A New Contribution of the Hague Conference on Private International Law to the Unification of International Civil Procedure." Ukrainian Journal of International Law 3 (September 30, 2020): 105–11. http://dx.doi.org/10.36952/uail.2020.3.105-111.
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An overview of certain provisions of the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters 2019 is provided. The analysis shows that this international legal document combines provisions that have proven their validity and effectiveness in other international legal instruments, and relatively new provisions that only appear in such acts. This combination aims to ensure a certain succession, and to take a step forward in improving and developing international legal instruments to regulate such extremely important issues as the recognition and enforcement of foreign judgments in civil and commercial cases.
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Fairgrieve, Duncan, and Rhonson Salim. "COLLECTIVE REDRESS IN EUROPE: MOVING FORWARD OR TREADING WATER?" International and Comparative Law Quarterly 71, no. 2 (April 2022): 465–79. http://dx.doi.org/10.1017/s0020589322000045.
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AbstractThe recent Representative Actions Directive 2020/1828/EC is a welcome advance in developing collective redress in Europe. However, this article contends that whilst the Directive is a positive development, shortfalls in its design restrict its potentially transformative impact for consumers. Critical examination is made of the Directive's rules on scope, standing, remedies, alternative dispute resolution (ADR), cross-border claims, funding, awareness and the provision of information. The article further considers whether the Directive will serve to improve co-ordination in civil procedure in this area which has traditionally been very diverse at a Member State level.
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Herry, Musleh, and Meisy Fajarani. "The Problems of International Civil Law of Indonesia in Protecting Transnational E-Commerce Consumers." Jurnal IUS Kajian Hukum dan Keadilan 10, no. 3 (December 29, 2022): 620–30. http://dx.doi.org/10.29303/ius.v10i3.1042.
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Technological advances on a transnational scale have had a considerable impact on all levels of Indonesian society. One of the technological advances is the existence of gadgets. Not only positive effects, but they also bring negative impacts. Furthermore, the existence of gadgets continues to grow with more transactions being carried out. Unfortunately, this can be a dispute. The purpose of this research is to propose the problems of Indonesian International Civil Law which have not regulated and provided guarantees to protect transnational e-Commerce interests and their solutions. The method used in this research is normative with a statutory and conceptual approach. The results of this study are the existence of Consumer Protection Law (UUPK), Electronic Information and Transactions Law (ITE Law), Money Supply Law (UUUP), and International Civil Law (HPI) of Indonesia have not provided a clear guarantee of protection related to the choice of law in transnational scale e-commerce contracts. Besides, they also have not been able to accommodate the interests of consumers. One of the solutions offered is concretizing the principle of the recipient country. It is a rule that allows end-users to apply the Consumer Protection Law of their country. This principle is excluded from consumer transactions. This also does not apply .e-commerce contracts. This principle is taken from the Rome and Brussels Convention which is incorporated into the Directive, namely the Law for the EEC community (Europe Union). To provide legal guarantees for consumers, thus the interests’s of consumers can be protected.
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Slavov, Atanas. "Democratic Consolidation in Southeast Europe – A Step Forward?" Southeastern Europe 39, no. 3 (December 16, 2015): 347–68. http://dx.doi.org/10.1163/18763332-03903004.
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Strengthening the rule of law and consolidating democracy is still a challenge facing countries in Southeastern Europe (see). Despite the prospective for eu accession for the Western Balkan states and full eu membership for others, issues regarding the quality of democratic institutions and the efficiency of legal procedures are still at stake. There are multiple factors that contribute to the weakened state of constitutional democracy in see countries while also blocking their political and social development. This article offers a sober view on the democratic consolidation process, emphasizing that a decline from democratic politics may happen at any moment. For one, defective democracies in Southeastern Europe are exposed to nationalism and populism, suffering from weak institutional performance and a burdensome communist legacy. Furthermore, negative stereotypes and practices of exercising political power in see countries hamper the development of the rule of law, efficient democratic systems, and accountable governments. Corruption and clientelism likewise seem embedded in the social structures. Thus, in the absence or inefficiency of the rule of law, the political situation in see countries is often described in terms of a ‘state capture’, not democratic consolidation. However, according to a mid-term perspective, positive change is still possible, but it requires active civil society participation as well as eu institutional commitment to the rule of law and democracy building in the region. In some cases, moreover, coordinated endeavors between active civil society groups and eu institutions could exercise effective pressure on the national political elites to introduce necessary institutional reforms.
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Křepelka, Filip. "Dominance of English in the European Union and in European Law." Studies in Logic, Grammar and Rhetoric 38, no. 1 (September 1, 2014): 137–50. http://dx.doi.org/10.2478/slgr-2014-0036.
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Abstract English has become the first global language of international com- munication during the last decades. It is dominant in many fields as science, technology, transportation, business and tourism and diplomacy. The European Union with law applicable directly on individuals is officially multilingual. English is, however, preferred in internal communication and in communication with national experts. National laws are closely related with particular states. Related discourse is therefore realized mostly in national language. Legal education and research are thus less anglicized than other university education and research. Nevertheless, increasing importance of international and supranational rules for harmonization and coordination, growing demand for comparison, pres- sure to publish in internationally recognized journals, Europe-wide research projects and rising numbers of exchange of students cause widespread resort to English also at schools of law. Unfortunately, English is language of countries with Anglo-American law (common law) which differs significantly from continental law (civil law) existing in most European and other countries. Therefore, it is difficult to find adequate English words for phenomena of civil law and to stabilize their use in international discourse.
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Sójka-Zielińska, Katarzyna. "Stulecie Kodeksu cywilnego szwajcarskiego." Czasopismo Prawno-Historyczne 64, no. 2 (October 31, 2018): 27–59. http://dx.doi.org/10.14746/cph.2012.64.2.02.
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The Swiss Civil Code (Schweizerisches Zivilgesetzbuch – ZGB) came into being on 1 January 1912 culminating the series of so called great civil codifications of continental Europe. The vast experience in the codification work within the Roman legal culture allowed the editors of the ZGB, and its author, Eugen Huber in particular, to create a truly original work that perfectly combined long legal traditions of individual Swiss cantons with the requirements of contemporary expectations, the ideas of individualism with those of social solidarity, the liberal slogans with the policy of interventionism, and the letter of law with the principles of equity and the canons of ethics. The staring point for the Swiss Civil Code was a draft authored by W. Munziger, which referred to the Zurich Code Civil, the German commercial code, the Austrian ABGB of 1861 and the Dresdener law of obligations of 1866. Another important stage was the initiative of the Swiss Juristenverein which in 1884 proposed a comparative study of all cantonal private law systems. The results of that study were to serve as a basis for the future nationwide unification of the legal system. Between 1893 and 1898 Eugen Huber developed three preliminary drafts, covering family law, succession law and rights in property. In 1900 they were published as a government project and put forward for a public discussion carried out by a 31-member expert group, with wide participation of individual citizens and interest groups. Eventually, on 10 December, the project was unanimously adopted as Schweizerisches Zivilgesetzbuch, Codice civile svizzero (ZGB) to come into force and be binding as of 1 January 1912. Among the many states drat drew on the Swiss Civil Code when drafting their own codes were Lichtenstein, Austria, Hungary, Greece, Italy and Turkey. In the latter, the ZGB was adopted as part of the reforms under Kamal Atatürk. The Swiss codification was highly valued by the civil lawyers in the Second Polish Republic.
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Kukshinova, O. O., and D. I. Galyas. "Legal regulation governing arrest of a seagoing vessel." Uzhhorod National University Herald. Series: Law, no. 67 (January 16, 2022): 319–24. http://dx.doi.org/10.24144/2307-3322.2021.67.60.
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The article analyzes international and national regulations governing the arrest of seagoing vessels. Thus, attention is drawn to the fact that some legislative acts of Ukraine have been amended in terms of determining the jurisdiction of cases of arrest of ships, important changes have been made to both the Civil Procedure Code of Ukraine and the Commercial Procedural Code of Ukraine, which, in turn, impetus for the formation of a new array of case law in cases of arrest of ships.
It analyzes International Convention for the unification of certain rules relating to Arrest of Sea-going Ships (1952), United Nations Convention on the Law of the Sea (1982), United Nations Convention on the Carriage of Goods by Sea (1978) and International Convention on Arrest of Ships (1999), which unified almost all current trends related to the arrest of ships. The 1999 Convention was open for signature from 1 September 1999 to 31 August 2000, after which it remained open for accession. The national normative-legal acts regulating the issue of arrest of sea vessels have been examined. Thus, the national regulations governing the arrest of seagoing vessels include: Merchant Shipping Code of Ukraine, Commercial Procedural Code of Ukraine, Civil Procedure Code of Ukraine, Law of Ukraine "On Enforcement Proceedings", Code of Ukraine on Administrative Offenses, Criminal Procedure Code of Ukraine and the Criminal Code of Ukraine.
The study concluded that, firstly, at the legal level today there are quite effective uniform rules for the arrest of a seagoing vessel to ensure maritime claims, which not only link different legal systems, but also make clear the various legal institutions. Secondly, the process of unification of this sphere is not static. Taking into account the long-term experience of application of the current legal norms, with change of circumstances of political, economic, legal character new rules which have to correspond to today's challenges are created. Third, Ukraine's accession to the international convention has certain advantages: it becomes a full participant in international shipping and acquires the same rights and obligations in the field of ship arrest as other member states.
In our opinion, taking into account the experience of implementing the provisions of the 1999 Convention and the long-term practice of foreign states in the arrest of ships, in Ukraine it would be appropriate to develop and legislate a special procedure for arresting a sea vessel to ensure maritime claims.
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Lawson, Rick. "Human Rights in Europe – Part II The European Court of Justice and Human Rights." Leiden Journal of International Law 5, no. 1 (February 1992): 99–115. http://dx.doi.org/10.1017/s0922156500002016.
Full textAbstract:
In a previous contribution on the protection of human rights in Europe, I discussed some developments taking place in the Conference on Security and Cooperation in Europe (CSCE). Despite the major changes that have occurred in the CSCE during the last year, I would like to address the matter this time from quite a different perspective.2 This short note will focus on the importance of human rights in the legal order of the European Communities – cynical as it may seem to address this rather ‘sophisticated’ issue at a time that in the Yugoslavian civil war human rights are violated with a harshness that has been unknown to Europe for decades.
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Leiser, M. R. "Regulating computational propaganda: lessons from international law." Cambridge International Law Journal 8, no. 2 (December 2019): 218–40. http://dx.doi.org/10.4337/cilj.2019.02.03.
Full textAbstract:
A historical analysis of the regulation of propaganda and obligations on States to prevent its dissemination reveals competing origins of the protection (and suppression) of free expression in international law. The conflict between the ‘marketplace of ideas’ approach favoured by Western democracies and the Soviet Union's proposed direct control of media outlets have indirectly contributed to both the fake-news crisis and engineered polarisation via computational propaganda. From the troubled League of Nations to the Friendly Relations Declaration of 1970, several international agreements and resolutions limit State use of propaganda to interfere with ‘malicious intent’ in the affairs of another. Yet State and non-State actors continually use a variety of methods to disseminate deceptive content sowing civil discord and damaging democracies in the process. In Europe, much of the discourse about the regulation of ‘fake news’ has revolved around the role of the European Union's General Data Protection Regulation and the role of platforms in preventing ‘online manipulation’. There is also a common perception that human rights frameworks limit States' ability to constrain political speech; however, using the principle of subsidiarity as a mapping tool, a regulatory anomaly is revealed. There is a significant lack of regulatory oversight of actors responsible for, and the flow of, computational propaganda that is disseminated as deceptive political advertising. The article examines whether there is a right to disseminate propaganda within our free expression rights and focuses on the harms associated with the engineered polarisation that is often the objective of a computational propaganda campaign. The article concludes with a discussion of the implications of maintaining this status quo and some suggestions for plugging the regulatory holes identified.
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SCOTT, Shirley V. "Inserting Visions of Justice into a Contemporary History of International Law." Asian Journal of International Law 4, no. 1 (January 2014): 41–53. http://dx.doi.org/10.1017/s2044251313000453.
Full textAbstract:
AbstractThe history of international law is often told in terms of the rise and fall of great powers or as a mechanism of colonial subjugation. To the extent that these accounts consider justice, it is usually to demonstrate its absence. This paper points out that justice has been integral to the evolution of international law in the era of the United States. Individuals and members of civil society in the US and Europe have influenced systemic developments in international law through their efforts to realize a vision of justice in interstate relations, their vision being of a body of international law and a world court which together obviate the need for war. To suggest the possibility of an historical narrative constructed around justice is not to deny the validity of other histories focused on inequitable relations of power, but to point to the scope for nuance in the frameworks within which we portray international law and its history.