Journal articles on the topic 'Customary law – France'
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Kleczkowska, Agata. "Changing Customary Law." International Community Law Review 21, no. 3-4 (July 12, 2019): 369–89. http://dx.doi.org/10.1163/18719732-12341407.
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Abstract The unwritten nature of customary international law (CIL) enables it to remain flexible and easily adaptable to changes in States practice and opinio juris, but at the same time may be the source of substantial uncertainties when it comes to the formation, identification and development of customary norms. To investigate this issue, this paper examines the attitudes adopted by States in the aftermath of the airstrikes conducted in Syria by the USA, the UK and France in 2017 and 2018, respectively. The paper is divided into two parts: the first part includes a brief summary of the statements made by States, including the intervening States, after the 2017 and 2018 airstrikes, while the second part is devoted to the analysis of how CIL may have been influenced by the reaction of States to the airstrikes.
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van Caenegem, Raoul. "The modernity of medieval law." European Review 8, no. 1 (February 2000): 37–53. http://dx.doi.org/10.1017/s1062798700004531.
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Medieval lawsuits from the highest courts of England and France show the concern of authorities for even minor issues involving ordinary people – a democratic and modern trait. In comparing the English Court of Common Pleas to the Parlement of Paris, it can be seen that classical Roman law made a great impact on France, while the English Court ignored Roman law and applied English customary law and acts of Parliament. The Parlement of Paris also had to apply local customs, but its judges had all studied Roman and no customary law at the university; however, for political reasons they were not allowed to refer openly to the Roman law in which they had been educated. The jury was a major medieval contribution to modern democratic thinking, as was the political idea that matters concerning the whole community ought to be decided by all its members. The American power-sharing system, between President and Congress, continues the late medieval balance between King and Parliament. English common law was one of the great creations of the Middle Ages and the only system of comparable importance is continental civil law (with Germanic and Roman roots). This paper considers the chances of the elaboration in the 21st century of a common European law combining elements from both traditions.
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Zwalve, W. J. "Sola scriptura, An essay in comparative legal history on 'obligacions' in thirteenth century France and England." Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review 80, no. 1-2 (2012): 95–128. http://dx.doi.org/10.1163/157181912x626939.
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AbstractIt is contended in this article that the doctrine of litterarum obligatio, as developed by Jacques de Révigny on the basis of Inst. 3,21, was not inspired by Roman law, but by the 'lettre scellée' of contemporary French customary law. It is also argued, that the English deed is the equivalent of the 'lettre scellée' of medieval French customary law, like the English recognizance is the equal of the publicum instrumentum, the 'lettre de baillie', of French customary law. They were primarily executory instruments, devised to prevent litigation by allowing for executory proceedings to be initiated after a summary hearing in court. They were the products of a legal culture that did not, as yet, recognize national boundaries. Nevertheless, English law was about to break away from its continental origins, by continuing to employ legal expedients, such as the deed, which, on the continent, were beginning to become obsolete, or completely changed in character, on account of the persistent pressure of canon law and Roman law. The demise of the deed on the continent was mainly, if not exclusively, due to the influence of Roman law and canon law, which allowed for parole evidence to defeat any instrument. The persistence of the deed in English law was guaranteed by the fact that it did not allow this to happen.
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Kim, Marie Seong-Hak. "Law and Custom under the Chosŏn Dynasty and Colonial Korea: A Comparative Perspective." Journal of Asian Studies 66, no. 4 (October 29, 2007): 1067–97. http://dx.doi.org/10.1017/s0021911807001295.
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A number of Korean legal historians have argued that Chosŏn Korea had a tradition of customary law and that it was suppressed and distorted by the Japanese during the colonial period. But a comparison of Korean “custom” with that in late medieval France, where the legal concept of customary law developed, reveals that custom as a judicial norm was absent in premodern Korea. The Korean “customary law” that has been postulated as a true source of private law in Korean historiography was the invention of the Japanese colonial jurists. The Japanese collected Korea's popular usages that were supposed to serve as an antecedent for a modern civil law, and colonial judges employed the legal instrument of custom in reordering Korean practices into a modern civil legal framework. In colonial Korea, custom played the role of an intermediary regime between tradition and the demands of modern civil law.
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Frémont, Jacques. "Legal Pluralism, Customary Law and Human Rights in Francophone African Countries." Victoria University of Wellington Law Review 40, no. 1 (June 1, 2009): 149. http://dx.doi.org/10.26686/vuwlr.v40i1.5383.
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This article provides a perspective on human rights in sub-Saharan Africa, with an emphasis on states colonised and influenced by the continental cultures of France and Belgium. The author examines what the Pacific can gain from the Francophone countries' understanding of human rights, with insights into the interface of cultures in post-colonial statehood. The article is one of four background papers which provide paradigms and challenges for a possible Pacific charter.
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Oxman, Bernard H., and Stefan A. Riesenfeld. "France—immunity from taxation under ICJ Statute—effect of customary international law in French administrative courts." American Journal of International Law 92, no. 4 (October 1998): 764–65. http://dx.doi.org/10.2307/2998143.
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In Re Aquarone. 101 Revue Générale de Droit International Public 838 (1997).Conseil d'Etat (Assemblée), June 6, 1997.In this case, the French Council of State, sitting in its most authoritative formation, had to pass on a petition by Stanislav Aquarone for review of a judgment of the administrative court of appeal of Lyon, dismissing his request for annulment of die imposition by France of income taxes on his retirement pension for the years 1981-1986, paid by the United Nations. In a carefully crafted opinion, the highest administrative court of France rejected die petition and die claim of immunity from taxation of his retirement pay by Aquarone, a former Registrar of the International Court of Justice and an Australian national now living in Gordes, France.
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Liu, Bowen. "Analysis of the Revival of Roman Law and the Strengthening of French Kingship in the 12th Century." Journal of Education, Humanities and Social Sciences 8 (February 7, 2023): 1355–59. http://dx.doi.org/10.54097/ehss.v8i.4484.
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Around the 12th century, the Roman law revival movement came into being as the commodity economy developed, cities saw a revival, and traditional Germanic customary law could not solve the new problems that arose in society. Under the influence of the Roman law revival movement in the 12th century, the influence and recognition of Roman law were greatly enhanced. Many excellent jurists emerged in various countries in Western Europe, especially France. This article examines the connection between the Roman law revival movement and the strengthening of royal power in France in the 12th century. The author argues that the Roman law revival contributed to the rise of the French jurists, who actively interacted and cooperated with the French crown. The King sought to strengthen his power, made solid arguments for the construction of the legitimacy of the crown, and made significant contributions to the construction of a national legislative and judicial system, effectively contributing to the strengthening of the French crown.
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Uimonen, Jari. "The Personal Status in French Law: With Special Focus on Overseas Territories." International Journal on Minority and Group Rights 21, no. 4 (October 18, 2014): 451–68. http://dx.doi.org/10.1163/15718115-02104001.
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France has reputation as a highly centralised unitary state. In the background there is, however, a long history of particularism: during the pre-Revolutionary ancien régime, the country had a large number of local coutumes. The colonies formed another question: even after the Revolution of 1789 they were considered as an exception to the major rule. From the 18th century France has used the notion spécialité legislative, which recognises the legal difference in overseas areas. This policy continues in modern France as a different legal treatment of more integrated overseas regions (former territories) belonging to the European Union, and the other overseas collectivities, more loosely connected to Metropolitan France. Signs of legal pluralism can be found from both Metropolitan France and overseas collectivities, but three of the last-mentioned are of special interest to this article: New Caledonia, Wallis and Futuna and Mayotte. In all of them the French Constitution recognises the existence of separate personal status. In New Caledonia and Wallis and Futuna this status is closely related to indigenous custom, dominating the daily life in family relations and land owning. In Mayotte, the personal status is a mixture of Islamic law and African customary law. In other overseas collectivities there are also remnants, or pockets, of personal status visible, but they have no constitutional or official legal recognition. The article shows that although the official French policy has considered the personal status a transitory measure, it is not completely vanishing. In the Pacific region it is even strengthening, as the example of New Caledonia well indicates.
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Schmidt, Albert J., and Elizabeth A. R. Brown. "Customary Aids and Royal Finance in Capetian France: The Marriage Aid of Philip the Fair." American Journal of Legal History 37, no. 4 (October 1993): 521. http://dx.doi.org/10.2307/845823.
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Hanley, Sarah. "“The Jurisprudence of the Arrêts”: Marital Union, Civil Society, and State Formation in France, 1550–1650." Law and History Review 21, no. 1 (2003): 1–40. http://dx.doi.org/10.2307/3595067.
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During the 1500s and 1600s when state building in France depended on the government's ability to staff administrative and judicial offices, prime candidates emerged from the famous law schools. Steeped in new research methods favoring a documentary base, Jurists focused legal studies on the French past, rather than a Roman one, and fostered historical and comparative views of society, law, and nation. Searching in archives for customs and laws, they wrote histories tracing the development of French institutions, including the Parlement of Paris, and devised civic rituals to articulate French constitutional precepts in that court. Practicing law as well, they collected “notable arrêts” (judicial decisions) on questions of law, advanced legal theories and legislative projects, and facilitated the circulation of legal knowledge within a general public caught up in judicial activism born of social change and political necessity. By challenging operative facets of two great legal systems in the western world, Roman law and Canon law, and by amending French Customary law, they developed a system of “French jurisprudence” and legally framed a “civil society” that underwrote the claim to political sovereignty as a nation.
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Glucksmann, Eloïse. "Commisimpex v. Republic of Congo." American Journal of International Law 111, no. 2 (April 2017): 453–60. http://dx.doi.org/10.1017/ajil.2017.30.
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The law in France regarding waivers of foreign state (or sovereign) immunity from execution of judicial judgments (based largely on consideration of international law principles) has recently undergone significant developments. Previously, French case law had required a foreign state's waiver of immunity from execution to be both express and specific to consider valid the attachment of foreign state property allocated to public services (including bank accounts used for the functioning of both diplomatic missions and delegations to international organizations). In 2015, the French Court of Cassation relaxed the criteria it had previously required for giving effect to waivers of sovereign immunity in such situations, thus facilitating the ability of judgment creditors to attach foreign state property in France. Its decision in the Commisimpex v. Republic of Congo case appeared to put an end to that requirement by abandoning the criterion of a “specific” waiver on the ground that “customary international law does not require a waiver of immunity from execution other than express.” In December 2016, however, the French government enacted new legislation reinstating the need for a specific waiver of immunity for the attachment of the property as well as bank accounts of foreign embassies and diplomatic missions and additionally requiring a court order authorizing the attachment or seizure. As a result, France has now embraced a distinctly more protective approach to the immunity of foreign state assets from attachment and execution of judicial judgments.
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BAXI, Upendra. "Nevsun: A Ray of Hope in a Darkening Landscape?" Business and Human Rights Journal 5, no. 2 (July 2020): 241–51. http://dx.doi.org/10.1017/bhj.2020.17.
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AbstractThis article explores some aspects of the Canadian Supreme Court’s decision on Nevsun Resources v Araya in the light of its exposition on the act of state doctrine and application of core human rights as an integral aspect of international customary law and common law. It examines the Nevsun decision in the context of recent statutory developments in France and the Netherlands, the promised law reform in the European Union, and the proposed business and human rights treaty. I argue that it is high time to abandon the doctrinal fossil that human rights obligations do not apply to corporate governance and operations. It is hoped that COVID-19 contexts, and a post-pandemic world, will expeditiously result in the willing adoption of a treaty on business and human rights.
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PARROW, KATHLEEN A. "Provincial Estates and the revision of customary law in medieval and early modern France: evidence from theprocès-verbalnarratives." Parliaments, Estates and Representation 21, no. 1 (January 2001): 57–71. http://dx.doi.org/10.1080/02606755.2001.9522120.
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Cavanagh, Edward. "Possession and Dispossession in Corporate New France, 1600–1663: Debunking a “Juridical History” and Revisiting Terra Nullius." Law and History Review 32, no. 1 (February 2014): 97–125. http://dx.doi.org/10.1017/s0738248013000679.
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Following Jacques Cartier's voyages up and down the St. Lawrence River in 1534, 1535–36 and 1541–42, French interest in the region surged. This interest was confined to the region's potential deposits of minerals, and then diverted realistically to the trade of furs, before ultimately, during the seventeenth century, it diversified to take into account the prospect of agricultural smallholding. So confined, this interest did not account for customary tenure and systems of property relations among indigenous inhabitants; generally these were matters avoided by merchants, traders, missionaries, and early settlers until the expediencies of settlement on the ground required otherwise. These were matters for which, in New France, the companies in charge devised no coherent policy. These were matters for which, at home, the French Crown was no beacon of advice either, meting out meager and inconsistent policies of empire before 1663, preferring instead to endorse trade monopolies while preparing for disputes with neighboring nations with competing designs to the New World.
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Svaček, Ondřej. "Humanitarian Intervention: Fairy Tale about One Swallow Which Made Summer?" International and Comparative Law Review 19, no. 2 (December 1, 2019): 131–54. http://dx.doi.org/10.2478/iclr-2019-0018.
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Summary In its final report on aggression and the use of force, the International Law Association opined that the only way in which unilateral humanitarian intervention could possibly be seen as a legal exception to the prohibition of the use of force is if State practice and opinio juris were to be found establishing its status as an additional exception in customary international law. After the airstrikes conducted by the US, the UK, and France against Syria in April 2018, which took place in reaction to unprecedented usage of chemical weapons against civilian population by regime of Bashar Asad, some States and part of scholars argued that this permissive rule (exception) has already crystalized and humanitarian intervention became part of international law. The aim of this article is to assess whether these opinions are relevant or whether they are simply premature. The text is divided into three parts. Firstly, legality of humanitarian intervention is considered in the framework of the UN Charter and customary international law on the use of force based on evaluation of scholarly debates and the most prominent examples of State practice before 2018. Then, the article describes methodology that is employed in relation to the creation (modification) of customary international law in general and peremptory norm concerning the prohibition on the use of force in particular. This part analyzes how possible normative changes of jus ad bellum should be assessed. The third part evaluates justifications and reactions of States with respect to the use of force against Syria in April 2018 that were presented by the international community of States. The article concludes that the concept of humanitarian intervention remains still illegal even after the airstrikes against Syria from 2018, what conforms to the prevailing opinion presented in contemporary scholarly literature. Even though the positive echoes identified in State practice (and doctrine) are yet premature, they indicate that process of gradual normative change has already been triggered. At the same time, the expectations concerning crystallization of a new possible exception to the general prohibition on the use of force should not be too exaggerated.
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Weindl, Andrea. "Grotius's Mare Liberum in the Political Practice of Early-Modern Europe." Grotiana 30, no. 1 (2009): 131–51. http://dx.doi.org/10.1163/016738309x12537002674402.
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AbstractIn this article Mare liberum is placed within the context of seventeenth-century European politics. It focuses on the development of conventional relations between European States regarding their interests outside of Europe and their importance concerning the status of Asian and African 'actors'. It turns out that in spite of Mare liberum's high-sounding proclamation of equality of non-European sovereigns with European States, Grotius's position as well as Dutch policy was inspired by self-interest and was essentially opportunistic. The Dutch Republic – as well as other European States – used the 'liberal' principles of Freedom of trade and the Universality of the Law of Nations to attack the Portuguese/Spanish claims of monopoly. However, as the Dutch Republic, Great Britain and France developed their own 'Spheres of Interest' in Asia, Africa and the Americas, they effectively excluded would-be competitors. Indeed, in the eighteenth century the 'pacte colonial' constituted a distinctive characteristic of the conventional and customary 'European Law of Nations'. As non-European political actors in the eighteenth century relatively lost military and political power, the European States finally relegated them to an inferior position, beyond the charmed circle of full 'subjects of Public International Law'. The article also is a contribution to the ongoing discussion about the relation between European imperialism and the development of the doctrine of European International Law.
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Asua, José, and Marta López-Argumedo. "PREOPERATIVE EVALUATION IN ELECTIVE SURGERY." International Journal of Technology Assessment in Health Care 16, no. 2 (April 2000): 673–83. http://dx.doi.org/10.1017/s0266462300101230.
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Objectives: To collect and summarize information published by INAHTA agencies on the indications, habitual attitudes and practices, and economic and legal implications of preoperative evaluation in elective surgeries.Method: The authors appraised the information contained in six papers published between 1989 and 1999 in Sweden, France, Basque Country, the Netherlands, United Kingdom, and Catalonia. The section on indications in preoperative evaluation does not present global conclusions. The sections addressing habitual attitudes and practices among physicians and those addressing economic and legal considerations cover only the similarities among the reports and the main ideas relating to these issues.Results: The conclusions found in the reports about indications in preoperative evaluation are similar or differ slightly, e.g., as regards age limits in patients for whom the tests are recommended. However, more important differences are shown in other areas, especially in reports where consensus methods were used. In some instances, the opinions, attitudes, and customary practices of professionals during the preoperative stage do not concur with the recommendations extracted from the assessment reports and the customary practice of doctors. In relation to economic considerations, a substantial quantity of resources could be liberated if the recommended general clinical practices were followed. From the point of view of civil law, the evidence-based recommendations could be considered as a kind of coded lex artis.
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Matveyeva, T. "Formation of the continental system of European law by the example of the Old Athens and the Sparta." Analytical and Comparative Jurisprudence, no. 2 (July 24, 2022): 20–26. http://dx.doi.org/10.24144/2788-6018.2022.02.3.
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The creation and development of modern law is a long historical process spanning several centuries and began with the writing of barbaric Truths (Salichna Pravda, Ripuarska Pravda, Primorsky Salic Franks, etc.). This process was more smooth and evolutionary than the corresponding processes in the field of state formation, where they were often established in a revolutionary way.
The origin of modern law begins with the reception of Roman law and the law of ancient Greece .. Thus was born city law, international trade law, whose roots are quite deep and strong. But at the same time the legal systems of the Middle Ages were very imperfect, and many of their provisions hampered the development of political democracy and capitalist entrepreneurship in the era of feudalism. These features of medieval legal systems, characterized by the lack of internal unity, prevented progressive changes, both in the state and in law.
The reform of the old feudal law on a new bourgeois basis was carried out by revolutionary coups - the English Revolution of the 17th century and the French Revolution of the 18th century. These revolutions have largely led to the unjustified destruction of the legal structure created over the centuries, to the breakdown of traditional legal culture, to legal nihilism and voluntarism. Ultimately, they led to significant changes in the field of law, to the formation of a new legal order, which led to the formation and rapid development of capitalism.
Modern law in the West (primarily Anglo-Saxon and European continental law of France) was formed and developed as a logical continuation of the previously formed systems of medieval (eg, "common law") and even ancient Roman law. The new law could not be something significantly different from the previous law, because in its self-development it absorbed, preserved and used many of its constructive, socially useful elements.
Modern law of the 20th and 21st centuries is largely based on previous law, the same laws of France (customary law), Roman law; moreover, the pre-revolutionary systems of England and France and Germany did not disappear without a trace. Much of it has been updated in modern law, as medieval law functioned in a society that already knew both private property and market relations and a fairly high level of legal technique.
The formation of new law meant the formation of bourgeois capitalist law, broke guild corporations and feudal monopolies, creating the necessary space for the growth of production and trade, for personal initiative, for the full use of needs is developing rapidly. (1, 48-51)
Modern law, in contrast to pre-revolutionary law, which was characterized by disunity and particularism, was born everywhere in the form of integrated national legal systems. It was capitalism, breaking all kinds of castes, regional, customs and other barriers, led to the emergence of not only nation-states but also national legal systems. The legal system acquires a new way of its existence - the system of legislation and the system of law, which was practically present only in its infancy in ancient and medieval societies. The dominant principle in the legal systems of modern times is constitutional (state, public) law, on the basis of which the legal structure of any society was built.
Legislation had a special system-forming significance in the formation of the new law.
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Median Jamal Al Mahasneh and Mohamad Baraa Basel Abuanzeh. "Judicial oversight and the impact of laws to prevent liability." Technium Social Sciences Journal 9 (June 26, 2020): 259–70. http://dx.doi.org/10.47577/tssj.v9i1.1079.
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The authority based on martial law or the state of emergency is accustomed to issuing legislation that works to prevent the judiciary from considering its actions that are in implementation of the customary law, and that is either during the establishment of exceptional circumstances or after its expiry meaning that it prevents individuals from resorting to the judiciary to challenge their exceptional authority Authorized to it according to the texts governing the exceptional circumstances ().
The most dangerous thing that the legislative or executive authority usually does regarding a state of emergency is what it issues from laws or instructions called the laws of inclusive (laws of lifting responsibility) even though the correctness of its name in estimating some of them should be the laws of exemptions from implications ().
This is because this immunization according to these laws will inevitably lead to the inability of any victim to resort to the judiciary, in the event that those who implement martial law or the state of emergency exceed their competences entrusted to them under exceptional circumstances.
The Raising the Liability Law or the Implications Law is defined as legislation whose purpose is to legitimize actions that were at the time of their unlawful act, and to exempt the persons who are subject to them from the responsibility of assaulting the law, and this is what Jordan and other countries followed like France and Egypt, and that was in times of declaring martial law and a state Emergency.
The methods of immunization vary and its extent varies, it may be partially preventing the appeal of cancellation or requesting the suspension of the implementation of the administrative decision only, so individuals are permitted to even seek compensation for the damage caused by the immune decision, and it may be totally, thus giving the administrative decision total immunity, whether in terms of cancellation or suspension of execution or Compensation, and it may be an absolute immunization, as it stipulates that the decision may not be appealed in any way of appeal before any judicial or administrative authority, and the immunization may be proportional, that is, with regard to preventing the appeal of the decision before the judiciary with the assignment of jurisdiction in relation to it to an administrative authority or committee, In terms of the immunization tool, it may be either by a law issued by the legislative authority, and this is the overwhelming majority, and it may be inferior to the law, such as regular systems such as customary management instructions in Jordan .
In this paper, I will discuss the position of the judiciary in Jordan and the comparative judiciary regarding these legislations. To determine the impact of these laws on the right of individuals to seek legal redress when they are harmed through two topics:
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Filipek, Michał. "Międzynarodowoprawny status archipelagu Wysp Alandzkich : kwestia demilitaryzacji i neutralizacji Alandów." Kwartalnik Kolegium Ekonomiczno-Społecznego. Studia i Prace, no. 1 (November 29, 2011): 137–60. http://dx.doi.org/10.33119/kkessip.2011.1.6.
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This article deals with the question of demilitarization and neutralization of the ?land Islands in respect to international law regulating this issue. In this paper it was not intented to go into details of all historical phases and changes of the ?land's status, but rather to concentrate on international treaties regulating this question, which are still in force. ?land is an autonomous, demilitarized and neutralized region of Finland with a largely Swedish-speaking population. The ?land Islands form an archipelago in the Baltic Sea. They are situated in the entrance to the Gulf of Bothnia. Its legislative autonomy and a strong protection for its population's Swedish language and culture are enshrined in the Finnish constitution. The ?land Islands are located in a very strategically important place. There are three problems under international law connected with the ?land Islands: that is to say, demilitarization, neutralization and autonomy of ?land. After the Crimean war it was decided that Russia should not fortify the ?land Islands. The strategic position was one of the factors that influenced the decision of the Paris Peace Conference in 1856 to demilitarize the ?land Islands. After the Crimean War (1854-56) an appendix to the 1856 Treaty of Paris forbade Russia from establishing fortifications, maintaining or building up a military presence and naval forces on the islands. In 1917 Finland gained independence from Russia and ?land became for a number of years a source of controversy or even conflict between Finland and Sweden as a result of the ?landers' demand for ?land's reunification with Sweden. In 1921 the League of Nations resolved the ?land question. ?land remained a part of Finland but gained autonomy along with the historically rooted principles of neutrality and demilitarization. In October 1921 the Convention relating to the non-fortification and Neutralization of the ?land Islands was signed by Denmark, Estonia, Finland, France, Germany, Italy, Latvia, Poland, Sweden and the United Kingdom. The Western powers did not regard Bolshevik Russia as a sovereign state after the revolution of 1917 and Russia (the Soviet Union) was not a party to this convention. The treaties that regulatedthe demilitarization and neutralization were: 1) the 1856 Convention on the Demilitarisation of the ?land Islands (annexed to the 1856 Paris Peace Treaty), 2) the 1921 Convention on the Demilitarization and Neutralization of the ?land Islands, 3) bilateral treaty of 1940 between Finland and Russia (the Soviet Union) on the demilitarization of the ?land Islands and 4) the 1947 Paris Peace Treaty. There is no cause to doubt the continuance in force of the demilitarization and neutralization of ?land. The treaties and agreements of 1921,1940 and 1947 are still in force. ?land's demilitarization and neutralization remain beyond question, despite the changes in the political context. The ?land Islands are both demilitarized and neutralized, the main purpose is to keep it completely outside the armed actions of armed conflicts. ?land's status received renewed attention in the 1990s in view of the changes taking place in Europe. The 1994 treaty on Finland's accession to the EU recognizes in its Protocol No. 2, that the ?land Islands enjoy a special status under international law. Furthermore, another legal regulation dealing with this question is the Additional Protocol I to the 1949 Geneva Convention on the protection of war victims (Article 60) obligates States Parties to respect demilitarized zones during international armed conflicts. ?land's demilitarized and neutralized status has a strong foundation and position in the international law. Some experts and writers have described this status as a example of a "permanent settlement" or "objective regime" in international law. According to another experts (H. Rotkirch), the special status of the ?land Islands is of such long standing " that it has without doubt become part of customary international law and is thus binding on the international community as a whole". Since 1970, ?land has had its own representation in the Nordic Council and participates in the work of the Nordic Council of Ministers. Since 1989, ?land is a member of the Council of Europe. One might also mention the fact that, ?land stands outside the EU tax union and has retained the limitations on ownership of land and operation of business.
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DELGADO, Mauricio Godinho, José Roberto Freire PIMENTA, and Ivana NUNES. "O PARADIGMA DO ESTADO DEMOCRÁTICO DE DIREITO: ESTRUTURA CONCEITUAL E DESAFIOS CONTEMPORÂNEOS." Revista Juridica 2, no. 55 (April 11, 2019): 485. http://dx.doi.org/10.21902/revistajur.2316-753x.v2i55.3405.
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RESUMOO constitucionalismo ocidental caracteriza-se pela presença de três paradigmas mais destacados. O mais antigo, denominado de Estado Liberal de Direito, originário dos documentos constitucionais do século XVIII dos EUA e da França, foi antecedido pelo pioneirismo constitucional britânico, de origem costumeira, jurisprudencial e parlamentar, desde o século XVII. No Brasil, teve influência na Constituição de 1891. O paradigma do Estado Social de Direito, oriundo dos documentos constitucionais da segunda década do século XX, como a Constituição do México, de 1917, e a Constituição da Alemanha, de 1919. No Brasil, despontou na Constituição de 1934, desenvolvendo-se também na Constituição de 1946. Por fim, o paradigma do Estado Democrático de Direito, também chamado de Constitucionalismo Humanista e Social, foi arquitetado em países da Europa Ocidental a partir de 1945/46, logo depois do término da Segunda Grande Guerra. Esses três paradigmas são estudados neste texto, com o objetivo de melhor compreender as características inerentes ao paradigma do Estado Democrático de Direito. Tal paradigma, a propósito, chegou ao Brasil apenas por intermédio da Constituição da República de 1988. O presente estudo também analisa as adversidades e os desafios que tem sido antepostos ao novo paradigma constitucional nas últimas décadas no Ocidente. PALAVRAS-CHAVE: Paradigmas Constitucionais; O Estado Democrático de Direito como Novo Paradigma Constitucional; Desafios ao Constitucionalismo Humanista e Social. ABSTRACT Western constitutionalism is characterized by the presence of three main paradigms. The oldest, known as the Liberal State, arising from the constitutional documents of the eighteenth century in the United States and France, was preceded by the pioneering British constitutionalism, of customary, case law, parliamentary origins, since the seventeenth century. In Brazil, it influenced the Constitution of 1891. The Social State paradigm originated in the constitutional documents of the second decade of the twentieth century, such as the Mexican Constitution of 1917 and the German Constitution of 1919. In Brazil, this paradigm emerged in the Constitution of 1934 as well as in the Constitution of 1946. Finally, the Democratic State paradigm, also called Humanist and Social Constitutionalism, was designed in Western Europe from 1945/46 onwards, shortly after the end of the Second World War. These three paradigms are studied in this text in order to better understand the inherent characteristics of the Democratic State paradigm. This paradigm, incidentally, only reached Brazil through the Constitution of the Republic of 1988. The present study also analyzes the adversities and challenges faced by the new constitutional paradigm over the past decades in the West. KEYWORDS: Constitutional Paradigms; The Democratic State as a New Constitutional Paradigm; Challenges to Humanist and Social Constitutionalism.
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Durand, André. "The role of Gustave Moynier in the founding of the Institute of International Law (1873) — The War in the Balkans (1857–1878) The Manual of the Laws of War (1880)." International Review of the Red Cross 34, no. 303 (December 1994): 542–63. http://dx.doi.org/10.1017/s0020860400072818.
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The Franco-Prussian War of 1870 had shown just how difficult it was to ensure respect for international law during actual fighting. Mutual accusations of violations of the Geneva Convention, or more generally of the customary laws of war, showed that neither the scope of humanitarian law nor the dissemination of its principles had been sufficient to avert excesses by the combatants. The protection of medical services and of the wounded should remain independent of the conduct of hostilities. But violations of the law of war, whether real or imagined, inevitably undermine the implementation of the Convention. Public opinion (quickly aroused), the press (always keen on shoring up the spirit of resistance), and governments themselves never miss an opportunity to highlight or exaggerate criminal acts committed by the adversary and to make a blanket condemnation of all enemy combatants.
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Botta, Marco. "The Principle of Passing on in EU Competition Law in the Aftermath of the Damages Directive." European Review of Private Law 25, Issue 5 (October 1, 2017): 881–907. http://dx.doi.org/10.54648/erpl2017057.
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Abstract: Passing on is a key factor to define the locus standi of the claimant in damages claims in national courts. In particular, the concept legitimizes the legal standing of the indirect customer in case the direct purchaser transferred the damage to the indirect customer. Secondly, it can be relied by the defendant in case the direct customer ‘passed on’ the damage to its customers and thus it did not suffer any harm to have legal standing (i.e. passing on defence). Passing on can be considered a general principle of EU law, elaborated by the Court of Justice jurisprudence in relation to the restitution of unlawful charges and later extended to other EU policies. The article looks at the application of the principle of passing on in EU competition law, in the light of case law of the Court of Justice, soft law adopted by the EU Commission and the Damages Directive. In particular, the article assesses the application of the principle of passing on in four EU Member States (i.e. Germany, France, Italy and UK), analyzing for each jurisdiction the national case law on passing on and the on-going transposition process of the Damages Directive. The aim of the article is to assess whether the concept of passing on had already been recognized by national case law in the selected jurisdictions before the Damages Directive and thus to evaluate the ‘added value’ of EU acquis on passing on in the legal systems of the selected jurisdictions. Résumé: La répercusssion du surcoût est un facteur clé pour définir le locus standi du plaignant dans les réclamations de dommages et intérêts devant les tribunaux nationaux. En particulier, le concept légitimise l’intérêt à agir du client indirect au cas où l’acheteur direct répercute le dommage sur le client indirect. Deuxièmement, il peut être invoqué par le défendeur au cas où le client direct “répercute” le dommage sur ses clients et donc n’a pas subi de préjudice pour être fondé à agir (c.à d. répercussion du surcoût). La répercussion peut être considérée comme un principe général en droit de l’UE, élaboré par la jurisprudence de la Cour de Justice en matière de dédommagement pour préjudice subi illégalement et étendu plus tard à d’autres politiques européennes. L’article étudie l’application du principe de répercussion en droit européen de la concurrence, à la lumière de la jurisprudence de la Cour de Justice, du droit non contraignant de la Commission de l’UE et de la Directive relative aux dommages et intérêts. En particulier, l’article analyse l’application du principe de la repercussion dans quatre Etats membres (Allemagne, France, Italie et Royaume Uni), étudiant pour chaque pays la jurisprudence nationale en matière de répercussion et le processus de transposition en cours de la Directive sur les dommages et intérêts. L’objectif du présent article est de rechercher si le concept de répercussion a déjà été reconnu, avant la Directive sur les dommages et intérêts, par la jurisprudence nationale dans les pays choisis et donc d’évaluer la “valeur ajoutée” de l’acquis communautaire de la répercussion dans les systèmes juridiques des pays sélectionnés. Mots-clés Intérêt à agir; Application par les particuliers du droit européen de la concurrence; Actions en dommages et intétêts pour infraction aux règles de la concurrence; Répercussion du surcoût; Intérêt à agir du clie
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Matemu, Sylvester Anthony, and Damas Alfred Mashauri. "Transboundary water cooperation and conflict resolution in the Southern African region: influence of the 1890 Anglo-Germany Treaty." South Florida Journal of Development 3, no. 2 (April 7, 2022): 2585–610. http://dx.doi.org/10.46932/sfjdv3n2-081.
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The availability, distribution and control of freshwater resources have been at the centre of the human story since the start of the Neolithic revolution roughly 12,000 years ago. With the advent of the modern nation state and its attendant emphasis on sovereignty, self-sufficiency and rivalry, it comes as no surprise that interactions between states over shared watercourses have at times been tense and conflictual. This fact was elaborated by the Ex- UN Secretary General; Kofi Annan, Message during the World Water Day on 22nd March, 2002. He warned that… “Fierce national competition over water resources has prompted fears that water issues contain the seeds of violent conflict. By the year 2025 two thirds of the world’s population is likely to live in countries with moderate or severe water shortages as demand for water approaches the limit of the available supply”. Water as a fugitive resource, respects neither political boundaries nor commonly accepted notions of fairness or equity, hence posed the most complex management challenges to water managers of today. In the SADC region, shared waters cannot be viewed in a purely national context due to its fluidity and the mobility of its nature. It is factual that, over 70% of the water bodies in the region are transboundary in nature. In terms of state practice, the concept of community of interest is commonly traced back to a French decree of 1792 dealing with the opening of the Scheldt River to Navigation. The position expressed in this decree was quickly adopted in a number of instruments concerned primarily with rights of navigation in international rivers, but also in some early agreements not restricted to navigational uses. Therefore, the lakes, and watercourses which form the frontier between the two states or which are situated at the territory of both or which flow into the said lakes and watercourses shall continue to be considered as “common’. In this regard one may wish to refer to the recent global instruments namely; the UN Convention on the Law of the Non-Navigational uses of International Water (1997) which came into force on 17th August 2014 and the Convention on the Protection and Uses of Transboundary Watercourses and International Lakes (1992) which came into force on 6th October, 1996 and further in 2016 became an official global legal framework for transboundary water cooperation. These instruments are regarded as a vital step in building a strong foundation for global principles on water management and governance. Legal agreements between states during the colonial era as well as post-independence in the Southern Africa region, have formed the bedrock of cooperative water resources management regionally. The Anglo Germany Treaty of July, 1890 (The Helgoland Treaty), had established an agreement between the colonial powers of Great Britain, France, Portugal, Belgium and Germany and their respective spheres of influence over the African nations aimed to establish borders between the nations. Interesting to note in the presence of scarcity of geo-information over the areas in question; the water bodies (Rivers and Lakes) were used to mark the lines of influence hence boundaries of the sovereign states of today. This chapter therefore, will provide an account of the influence of the 1890 Anglo – Germany Treaty (Helgoland Treaty) and international customary law in regard to conflict resolution and transboundary water cooperation in the Southern Africa Region (SADC). It will also examine some of available information as well as the historical background of boundary treaties; legal frameworks for cooperation; importance of Africa Union(AU) resolutions on the same, such as Resolution AHG/Res16(1) of July 1964 as well as resolution CM/Res.1069(XLIV) of 1986 and finally a conclusion.
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Barennes, Marc, Tessel Bosse, Hans Bousie, and Sarah Subrémon. "Comparative analysis between the English, Dutch and French approaches to passing-on in competition cases." Competition Law Journal 20, no. 3 (October 28, 2021): 134–38. http://dx.doi.org/10.4337/clj.2021.03.03.
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Several legal topics regarding cartel damages litigation have drawn special attention over the last few years, including the passing-on defence. ‘Passing-on’ in competition cases is where overcharges caused by a cartel, which affect the customers of the cartelists (direct purchasers), are passed-on by these purchasers to buyers further down the supply chain (indirect purchasers). Cartel members regularly invoke this defence as a (partial) shield against a claim for damages. The EU Damages Directive contains two important presumptions in connection to passed-on damages. This article undertakes a comparative analysis of how the courts in the Netherlands, France and England and Wales apply these presumptions in practice in their case law.
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Lamoureux, Claire, Nindu Barbier, and Tatiana Bouzdine-Chameeva. "Managing Wine Tourism and Biodiversity: The Art of Ambidexterity for Sustainability." Sustainability 14, no. 22 (November 21, 2022): 15447. http://dx.doi.org/10.3390/su142215447.
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Wine tourism is a mutually beneficial opportunity for customers to experience a wine region and for wine producers to promote their individual practices and approaches in the wine- making process. This article aims to understand producers’ perspectives on the challenges they face when trying to protect their wine estate’s biodiversity as they develop wine-related touristic activities. The research is based on an exploratory, multiple case study of wine producers, who are protecting their wine estate’s biodiversity on in Languedoc-Roussillon region, France. The study reveals the important synergies between biodiversity and wine tourism to increase global sustainability, to bond with customers and to positively impact the wine region. Yet, promoting biodiversity on a wine estate creates tensions on resources and requires investments which are not always highly profitable. Raising awareness about biodiversity is also much needed at both ends of the “producer-customer” relationship. Our results led us to develop an ambidexterity model, adapted to the management of wineries, that concurrently protects their biodiversity and develops wine tourism. We believe these results can be useful for both public and private stakeholders to adapt their wine tourism service offers, and support wine producers in their quest to develop biodiversity of their lands and overall sustainability.
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Nosratabadi, Saeed, Gergo Pinter, Amir Mosavi, and Sandor Semperger. "Sustainable Banking; Evaluation of the European Business Models." Sustainability 12, no. 6 (March 16, 2020): 2314. http://dx.doi.org/10.3390/su12062314.
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Sustainability has become one of the challenges of today’s banks. Since sustainable business models are responsible for the environment and society along with generating economic benefits, they are an attractive approach to sustainability. Sustainable business models also offer banks competitive advantages such as increasing brand reputation and cost reduction. However, no framework is presented to evaluate the sustainability of banking business models. To bridge this theoretical gap, the current study using A Delphi-Analytic Hierarchy Process method, firstly, developed a sustainable business model to evaluate the sustainability of the business model of banks. In the second step, the sustainability performance of sixteen banks from eight European countries including Norway, The UK, Poland, Hungary, Germany, France, Spain, and Italy, assessed. The proposed business model components of this study were ranked in terms of their impact on achieving sustainability goals. Consequently, the proposed model components of this study, based on their impact on sustainability, are respectively value proposition, core competencies, financial aspects, business processes, target customers, resources, technology, customer interface, and partner network. The results of the comparison of the banks studied by each country disclosed that the sustainability of the Norwegian and German banks’ business models is higher than in other counties. The studied banks of Hungary and Spain came in second, the banks of The UK, Poland, and France ranked third, and finally, the Italian banks ranked fourth in the sustainability of their business models.
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قادر, احمد. "(السرية المصرفية (دراسة مقارنة." Al-Kitab Journal for Human Sciences 2, no. 3 (October 4, 2020): 65–88. http://dx.doi.org/10.32441/kjhs.02.03.p4.
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and it is not permissible to disclose these secrets but only in certain cases for the benefit of the credit or in exceptional cases estimated by law. The present study sheds light on the trends of comparative legislation on the protection of bank secrecy between Iraqi and French laws. The Iraqi law regulated the banking secrecy in the articles (52-49) of the Banking Law, and the French legislator regulated banking secrecy in the Article (57). The legislator also regulated in the law of monetary the financial professional secrecy in Article (511-33) and its paragraphs which prohibited the managers of Banks and its employees to reveal the financial information belonging to the clients of the banks. Banks in Iraq and France are subject to the control of the Central Bank and are committed to its regulations especially to reveal and inform about any suspected financial operations or crimes. Banning revealing bank secrecy shall be subject to any information relating to the affairs of the bank or its customers or other banks subject to the supervision of the Central Bank. Finally, the study recommends increasing the penalty for the crime of disclosure of bank secrecy
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Noël, Sophie. "At Home in Bookshops." Logos 32, no. 4 (April 8, 2022): 21–31. http://dx.doi.org/10.1163/18784712-03104025.
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Abstract Although protected by the law on fixed prices for books, independent bookshops in France have struggled to maintain their market share against bookselling giants such as Amazon and the chains. In trying to do so, they have developed a rhetoric based on the singularity of the experience in physical shops, stressing a sense of intimacy akin to that associated with the domestic sphere. Their being independent – no matter how slippery the notion – has also been a key argument. Using Pierre Bourdieu’s theory of symbolic goods, this paper aims to show that this strategy has been effective in singling out something that ‘only’ independent retail can provide, something that proves particularly attractive to certain categories of customers. The article draws on semi-structured interviews carried out with owners of small and medium-sized independent bookshops, together with observation during events and debates, to provide some insight into a key element of physical bookshops’ resilience.
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L.H., Botasheva, Levakova D.A., and Chupilina T.S. "Legal aspects of Organizing AML/CFT System in Foreign Companies." KnE Social Sciences 3, no. 2 (February 15, 2018): 273. http://dx.doi.org/10.18502/kss.v3i2.1554.
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The article explores Russian and international experience of AML / CFT regulation in companies. It analyzes the regulatory framework of the United Kingdom, France, the United States, Japan, Italy and other countries, identifies the characteristic features of counteracting the legalization of proceeds from crime. The study of analytical reports of the leading global consulting companies for 2014-2016 shows changes in the applied AML/CFT enforcement measures in the organizations: it emphasizes the quality of data of control measures for transactions, focuses on the formation of a systematic approach to AML/CFT, specifies the KYC requirements. The comparison of established international and national requirements allows to assess the level of AML / CFT provision in Russia and propose innovations in the regulatory framework for AML / CFT regulation of Russian companies to improve its effectiveness: changing penalties, increasing the effectiveness of law-enforcement authorities cooperation, implementing the principle "know your customer", ensuring the regular training of all staff, and other methods. Keywords: AML/CFT, legal framework, FATF.
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Gusakova, Elena A., and Alexander S. Pavlov. "Public procurement in construction: international practice." Vestnik MGSU, no. 2 (February 2022): 242–52. http://dx.doi.org/10.22227/1997-0935.2022.2.242-252.
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Introduction. The distribution and receipt of design and construction orders is a most important element in the construction life cycle. It is of considerable interest to study the rules governing the distribution of state orders and the practice of their application in various countries. This article examines the experience of the leading world economies accumulated in the bidding for construction projects.
Materials and methods. The authors studied original legal documents on the organization of tenders for construction works in several countries, as well as in international organizations. The tender rules of the USA, France, Germany, New Zealand, Japan, China are considered. Materials of reviews and scientific researches, conducted by other scientists, are also used and summarized.
Results. The principal methods for organizing tenders for construction and design works were identified as a result of analysis of regulatory documents. The authors have found many common approaches and methods used to assure equal and responsible relations between the state customer and the construction contractor.
Conclusions. It has been established that a number of methods, widely used abroad, are practically not used in Russia, for example, competitive negotiations and two stage tendering. On the contrary, a foreign reader may think that some provisions of the Russian legislation are strange, for example, initial contract price setting by the customer or electronic document management rules in the federal law.
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Chirieac, Roxana. "Considerations on unfair terms in bank credit contracts." Technium Social Sciences Journal 12 (October 9, 2020): 101–12. http://dx.doi.org/10.47577/tssj.v12i1.1813.
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Over the last few years, we have seen an increasingly number of case law that was presented before national courts as well as the European Court of Justice concerning unfair terms in bank credit contracts. This subject was raised especially during the crisis in which the swiss francs had appreciated, leading numerous customers that had previously taken bank loans in this currency unable to pay back loans that had risen in almost half their value. Development in international and national legislation, such as Law no. 193/2000 concerning unfair terms in contracts concluded between professionals and consumers, that transposed into our national legislation the Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts, both restricted or banned the use of such practices and were in force long before the crisis was generated. This however did not stop credit institutions from inserting these types of clauses in the contracts that they had concluded. The issue that we aim to treat in this article is whether the recent practices of credit and bank institutions has changed over the course of the last few years, given the development of jurisprudence that most often than not condemns abusive or unfair terms in credit agreements with consumers.
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Harada, Louis-Narito, and Marie Coussi. "Power Purchase Agreements: An Emerging Tool at the Centre of the European Energy transition A Focus on France." European Energy and Environmental Law Review 29, Issue 5 (October 1, 2020): 195–205. http://dx.doi.org/10.54648/eelr2020043.
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Power Purchase Agreements (PPAs) enjoy great success in Europe. This is especially true of Green Corporate PPAs (GC PPAs), also known as Corporate Renewable PPAs, which are agreements under which a corporate customer agrees to purchase renewable electricity directly from the electricity producer, pursuant to the definition set forth in the 2018 Renewable Energy Directive (‘RED II’) (Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 Dec. 2018 on the promotion of the use of energy from renewable sources (recast).). Nearly 14GW in PPAs were entered into in 2018 worldwide, of which 1.9GW in Europe (2017: 1GW) and approx. 8GW in the United States (2017: 2.4GW) (Europe Corporate Renewable, PPA Market Report 2018 – 2027.). Wind energy accounts for 85% of GC PPAs entered into in Europe to date, with solar energy accounting for the remaining 15%. This progress can be explained partly by an increase in energy demand worldwide, the companies’ willingness to reduce their carbon footprint and control energy costs, the need for clear and foreseeable price signals for investors and producers, but also the development of public support schemes for renewable energies (‘RE’). Power Purchase Agreement, Renewable Energy, Electricity, French Law, Energy transition, Corporate Social Responsibility
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Kwon, Minyoung, Erwin Mlecnik, and Vincent Gruis. "Business Model Development for Temporary Home Renovation Consultancy Centres: Experiences from European Pop-Ups." Sustainability 13, no. 15 (July 28, 2021): 8450. http://dx.doi.org/10.3390/su13158450.
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Local authorities (LAs) play an essential role in diffusing home energy renovation measures. However, there are rare business models developed for local authority actions. This paper aims to develop a critical review of the way that local authorities developed business models for pop-up centres where consultants can encourage home energy renovation measures. From 2017 to 2021, participatory research was conducted in collaboration with seven LAs from the UK, France, Belgium, and the Netherlands. Although local authorities could use business model approaches for the development of pop-up home renovation consultancy centres, we noticed that LAs could not apply specific strategies to fit various customer segment groups. Therefore, a traditional business model needs to be investigated further for local authority activities.
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Tehrani, Minoo, Lawrence Fulton, and Bryan Schmutz. "Green Cities and Waste Management: The Restaurant Industry." Sustainability 12, no. 15 (July 24, 2020): 5964. http://dx.doi.org/10.3390/su12155964.
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“Green Cities” are cities with the ultimate goal of achieving a net zero-carbon footprint in energy, transportation, architecture, and the activity cost chain of businesses. These cities define the future of our planet by emphasizing the efficient use of resources and the well-being of communities. This study focuses on “Green Cities” and the restaurant industry. It examines the beliefs of restaurant owners/managers on the positive impact of sustainability practices on financial situation, reputation, and attraction of customers, and the relationship between such beliefs and the extent of engagement in sustainability practices. The research also explores whether declaring a city “Green” enhances the sustainability practices in that city. The results indicate that the restaurant owners/managers in all three studied cities strongly believe that sustainability practices enhance the financial performance, reputation of the restaurant, and attraction of customers, yet a significant percentage of the wastes and by-products of the operations of the studied restaurants are discarded. In addition, the results of the study show no significant impact on sustainability practices in the studied restaurants for the declared “Green” cities of Providence (U.S.) and Nancy (France) versus the city of Springfield (U.S.). The study concludes by highlighting the potential reasons underlying the lack of sustainability practices in the restaurant industry and proposes recommendations that can enhance such practices in this industry.
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Bontems, Vincent. "Gilbert Simondon’s genetic “mecanology”and the understanding of laws of technical evolution." Techné: Research in Philosophy and Technology 13, no. 1 (2009): 1–12. http://dx.doi.org/10.5840/techne20091311.
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Since the 1930’s, several attempts have been made to develop a general theory of technical systems or objects and their evolution: in France, Jacques Lafitte, André Leroi-Gourhan, Bertrand Gille, Yves Deforge, and Gilbert Simondon are the main representatives of this trend. In this paper, we focus on the work of Simondon: his analysis of technical progress is based on the hypothesis that technology has its own laws and that customer demand has no paramount influence upon the evolution of technical systems. We first describe the process Simondon called “concretization” and compare it with the process of “idealization” as defined by Genrich Altshuller. We then explain how the progress of technical lineages can be characterized as following a specific rhythm of relaxation and how it thus obeys a “law” of evolution in the industrial context. Simondon’s theoretical approach, although similar to some aspects of methodologies of conception, emphasized a more accurate understanding of technical progress over possible operational applications. Simondon never intended to optimize the engineer’s tasks from an economic point of view and, in fact, his conception of technical progress can be considered as independent from the capitalistic trend of innovation. However, the philosophy of Simondon provides a better understanding of what is at stake theoretically in the modeling of laws of technical evolution.
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Kuks, Stefan M. "The privatisation debate on water services in the Netherlands: public performance of the water sector and the implications of market forces." Water Policy 8, no. 2 (April 1, 2006): 147–69. http://dx.doi.org/10.2166/wp.2006.0010.
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Legally adopted in France and the UK, privatization of water services is still vigorously debated in the Netherlands. Advocates of privatization believe it is the best way to save on utility costs and to increase their transparency. Opponents believe that the Dutch water sector already provides high quality services for low prices, including an additional public performance that is expected to be excluded in a free market. The author argues that the performance of water service providers should not be assessed only in terms of efficiency, but in terms of the effects on the entire water system as well as the protection of small customers. It is quite possible that without privatization, a public agency could also improve its efficiency and become more competitive in relation to other service providers. Privatization seems to be more a matter of political ideology (based on a belief that the public sector operates inefficiently) than a matter of hard facts. The success of privatization depends at least on the performance of a complementary public regulatory regime. The question should not be whether the public or the private sector performs better hypothetically, but how the actual performance regarding public goods and services can be improved.
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Gupta, Varun, Jose Maria Fernandez-Crehuet, and Thomas Hanne. "Fostering Continuous Value Proposition Innovation through Freelancer Involvement in Software Startups: Insights from Multiple Case Studies." Sustainability 12, no. 21 (October 27, 2020): 8922. http://dx.doi.org/10.3390/su12218922.
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[Context] The software startups could continuously innovate business model value proposition by involving freelancers as a source of innovative ideas (that enhance customer perceived value) and as experts for implementing the innovative ideas (by undertaking software engineering tasks). Startups employ one of three strategies for associating with freelancers i.e., task based (association ends with completion of the outsourced task), panel based (outsourcing task to a panel of freelancers associated with startup), or hybrid. Uncertainties, terminology issues, high technical debt, lack of documentation, lack of systematic decision making processes, lack of resources, lack of brand values, need for the continuous involvement of the freelancer to incorporate continuous validated learnings, merging freelancer perspectives, and deciding the level of their involvement in individual requirement engineering (or value proposition innovation) activities, are the main inhibitors for associations with freelancers. The availability of good freelancers and their long term and continuous commitments are necessary requirements for value proposition innovation. The theory about freelancer association with the software startups is extended by studying the real practices of startups, which successfully involved freelancers for value proposition innovation by capturing innovative ideas and acquiring the freelancer’s skills to implement those ideas. [Objectives] The objective of this paper is to explain the strategies adopted by the software startups to foster value proposition innovation by continuously involving the freelancers and the way they overcome the challenges arising because of the associations. The findings are driven by the study of real practices of startups that proved to be successful in the market by involving freelancers and continuous innovations leading to increased market shares. [Method] This paper performs empirical studies through case studies of three software startups located in Italy, France, and India, which are at the verge of being transforming into big companies, with large market share. The current practices highlighting the successful way of executing freelancing association strategies for value proposition innovation and the way to overcome the arising challenges are reported. The findings are also compared with those of two young startups based in Switzerland and India, to bring useful lessons for the young startups. The case study results are validated by employees from the studied startups (both those who participated in data collection and those who did not). [Results] The results indicate that freelancer involvement during value proposition activities, which is the core business operation, is beneficial to the both freelancers and the startups. Startup teams could reduce the development costs, shorten time to market, and increase customer satisfaction (by providing features addressing real market needs) by correctly involving the freelancers uniformly across value proposition activities. The startups could manage innovation with small teams (compared to human resources in companies) if done jointly with the freelancers, that helps the team members to learn new skills, upgrade their skills, and learn new perspectives about their markets. Business impacts due to freelancer involvement are stronger if the level of freelancer involvement across various value proposition activities is higher compared to their involvement across few activities only. The studied startups are not completely dependent on the freelancers but the freelancer’s perspectives and skills are valued as a rich source of market success. Freelancer involvement is taken as an opportunity to gain access to global market perspectives, which otherwise would be effortful for in-house teams to collect. In addition, they resolve technical debt, are a source of upgrading skills for undertaking future innovation, and help reaching customers for marketing (promoting product and gaining access to the feedbacks). Overall, the value proposition innovation in the studied startups have different levels of involvement of the freelancers but these startups have reported positive impacts on the business in terms of development cost reductions, shorten time to market, and high customer satisfaction (measured on early attainment of product/market fit and fast growth thereafter). The case study results are validated by the startup employees (member checking). The responses collected are analysed using box plots, which shows a higher level of result agreements among the employees.
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Barraqué, Bernard. "Return of drinking water supply in Paris to public control." Water Policy 14, no. 6 (September 15, 2012): 903–14. http://dx.doi.org/10.2166/wp.2012.085.
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The ‘reclaiming’ by Paris of its water back into public hands is a paradox in the homeland of transnational water companies and at a time when the European Commission rather favours the liberalisation of public services ‘of general economic interest’. Yet what has happened is more complex. A quick historical review of management formulas in Europe reveals both the specific model of delegation to private companies made in France, and also the maintained direct labour management formula (with direct public procurement by municipalities) used in several French cities to be presented. Paris has a long history of public procurement of water, whilst using a private company for metering and billing customers. Mayor Chirac changed to a semi-public company with public production and private distribution contracted out to two private companies (with responsibility for the right and left banks). Mayor Delanoë managed to reclaim the distribution in a commercial but public institution called an Établissement Public à caractère Industriel et Commercial (EPIC); this had unsuspected impacts on water supply issue in the suburbs. While Paris can obviously run its services directly, the emerging issue appears to be multi-level governance at the metropolitan level, rather than just a public–private debate. This paper also discusses in detail the arguments put forward by Anne le Strat, Deputy Mayor for Water, in favour of returning to public control, and presents the difficulties of assessing the performance of a service operator, under both delegation and direct management.
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Lee, Jubin, and Sunyoung Kim. "A Comparative Study on Korean Culture Centers and Overseas Cultural Centers in Korea based on BSC." Korean Society of Culture and Convergence 44, no. 9 (September 30, 2022): 495–511. http://dx.doi.org/10.33645/cnc.2022.9.44.9.495.
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The purpose of this paper is to suggest future direction of the Korean Culture Centers by conducting a comparative study with representative Foreign Culture Centers of Germany, Britain and France, To this end, case study and in-depth interview were undertaken based on BSC. The results are follow; first, at the financial perspective, Korean Culture Centers’ self-sustainability is lower than Foreign Culture Centers. Second, at the customer perspective, Korean Culture Centers require to develop diverse cooperative projects to enhance accessibility to the local. Third, at the internal process perspective, director of the Center manages entire number of staff and employ only 12% professionals. Furthermore, the Centers’ do not have autonomous system to manage performance. Lastly, at the learning and growth perspective, the Korean Culture Centers only focus on the role as public officer rather than professionality. This study holds implications as follows; it is required to expand Korean Center and the KOCIS needs to operate control tower.
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Santos, Gilberto, Federica Murmura, and Laura Bravi. "Fabrication laboratories." Journal of Manufacturing Technology Management 29, no. 8 (December 10, 2018): 1332–57. http://dx.doi.org/10.1108/jmtm-03-2018-0072.
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Purpose The purpose of this paper is to analyze the current state of fabrication laboratories (Fab Lab), an international network of digital laboratories, which provides new technological tools for digital manufacturing that can be used from individual users, to small businesses and schools. The aim is to understand similarities and differences of skills, technologies used and customers served among the main European laboratories (Italy, France, Germany, the Netherlands and Spain) and the American ones. Design/methodology/approach Data from European and American Fab Labs were collected using a questionnaire survey performed on a total sample of n=493 Fab Labs. The administration of the survey took place through e-mail; 73 Fab Labs participated to the survey, reaching a total response rate of 14.81 percent. Findings The results show that Italian laboratories are characterized by ample space available, but limited capacity for investment in machinery and technology. European Fab Labs are similar to the Italian Fab Labs, while the American ones are more heterogeneous in size. However, a fact that emerges clearly from the results is how American Fab Labs are more important realities than European ones in terms of turnover and investments. They are more similar to businesses with an independent financial support. Originality/value The novelty of the study resides in the issue considered and the experimental techniques used. Some qualitative case studies have been developed in the field, but no previous quantitative analyses have been developed on a large sample of Fab Labs, developing comparisons between European and American realities of these digital laboratories.
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Vittersø, Gunnar, Hanne Torjusen, Kirsi Laitala, Barbara Tocco, Beatrice Biasini, Peter Csillag, Matthieu Duboys de Labarre, et al. "Short Food Supply Chains and Their Contributions to Sustainability: Participants’ Views and Perceptions from 12 European Cases." Sustainability 11, no. 17 (September 3, 2019): 4800. http://dx.doi.org/10.3390/su11174800.
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The present food system faces major challenges in terms of sustainable development along social, economic and environmental dimensions. These challenges are often associated with industrialised production processes and longer and less transparent distribution chains. Thus, closer distribution systems through Short Food Supply Chains (SFSCs) may be considered as a sustainable alternative. This study explores the role of different types of SFSCs and their contribution to sustainability through participants’ (consumers, retailers and producers) views and perceptions. As part of the European H2020 project “Strength2Food” we conducted a cross-case analysis and examined 12 European SFSC cases from six countries: France, Hungary, Italy, Norway, Poland and the UK. We applied a mixed method approach including primary data collection, via in-depth interviews and customer surveys, as well as desk research. The findings suggest that, irrespective of the type of SFSC, a strong agreement among the participants were found on the contribution of SFSCs to social sustainability. However, participants’ views considerably differ regarding the economic and environmental dimensions of sustainability. These differences relate to the way the SFSCs were organised and to some degrees to regional differences attributed to the significance of SFSC in different parts of Europe. The article concludes that the spatial heterogeneity of SFSCs, including supply chain actor differences, different types and organisational forms of SFSCs as well as regional and territorial characteristics, must be taken into account and further emphasised in future policies aimed at strengthening European food chain sustainability.
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Yu, Bao, Jianmei Wang, and Ya Li. "Environmental Aspects of the European Experience in Landscape Planning." Problemy Ekorozwoju 17, no. 1 (January 1, 2022): 301–10. http://dx.doi.org/10.35784/pe.2022.1.28.
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Understanding all the possibilities of environmentally oriented landscape planning will contribute to the effective environmental planning of the territory and nature management in general. Accordingly, the purpose of the study was to investigate the experience of the European countries towards the introduction of an effective system of environmentally oriented landscape planning and improvement of territories, as well as their protection. For this purpose, it is necessary to comprehensively study the strengths and weaknesses of existing developments in the field of environmentally oriented landscape planning in Europe. An analysis of the best practices of environmentally oriented landscape planning in such countries as Great Britain, France, Germany, the Netherlands, etc. has been conducted. The findings allowed to state that the effectiveness of development and implementation of substantial planning for landscape design depends not only on the volume and depth of research, but to a very large extent from their reasonable and productive organisation. The paper summarises that in environmentally oriented landscape planning, it is first necessary to determine the reasons for planning. Before choosing the object and territory of planning, it is necessary to find out: who are the potential customers and investors – their goals and motivation; what are the problem situations and conflicts in nature management in the area; what is the practical use of the results of landscape planning; the purpose of the territory, including cartographic; the availability of source information, and more. And then make decisions regarding the stages of landscape planning, taking into account the environmental component and, accordingly, the implementation of the idea of landscape planning.
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Fernandes, Adji Achmad Rinaldo, and Solimun. "The mediating effect of strategic orientation and innovations on the effect of environmental uncertainties on the performance of business in the Indonesian aviation industry." International Journal of Law and Management 59, no. 6 (November 13, 2017): 1269–78. http://dx.doi.org/10.1108/ijlma-10-2016-0087.
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Purpose This study aims to (1) examine the mediating effect of strategic orientation on the effect of environmental uncertainties on business performance, and (2) examine the mediating effect of innovations on the effect of environmental uncertainties on performance of the business in the aviation industry in Indonesia. Design/methodology/approach The research design was conducted through a survey, and the testing form was carried out using “Relationship Causal Studies” or a study to analyze the causality among environmental uncertainties, strategic orientation, innovations and performance of branches/stations of airlines in the Indonesian aviation industry. The sample was selected by determining the number of branches/stations of the Indonesian airlines to be selected into the sample, then more than one unit managers were selected as respondents representing their respective branches/stations. The number of the target sample in this study was 250 branches. Techniques used to address the hypotheses of the present study were Descriptive Analysis and Structural Model Analysis. The inferential statistical analysis focuses on the subject of the analysis and data interpretation to draw conclusions. Findings These research findings provide a contextual overview of the aviation industry in Indonesia that activities to make innovations in airline branches play a vital role in encouraging business performance. Moreover, the analysis shows that the more innovative a branch the better its business performance. This corroborates the finding (Spacapan and Bastic, 2007; Talke, 2007) that being highly innovative can ensure sustainable and long-term business performance. Research limitations/implications The findings of this research suggest that innovations mediate the effect of environmental uncertainties on business performance. These findings corroborate the results of previous studies that suitability between strategic orientation and innovations of a company in response to environmental uncertainties will affect performance of the company (Li and Gima, 2001; Manu, 1992). These findings also strengthen the view that companies with a higher level of innovations (innovative) have better business performance and competitive advantages (Kessler and Chakrabarty, 1996; Salavou et al., 2004; Spacapan and Bastic, 2007). Furthermore, based on findings, it can be interpreted that management that is able to overcome barriers to innovations, maximize innovation resources and achieve the target of innovations in the form of creation of better products/services will have better performance. The ability of the management to identify and overcome barriers to innovations and maximize the sources of innovation will generate products or services that can be accepted by the customers and eventually these products and services will be able to compete with better business performance (Blumentritt and Danis, 2006). Practical implications Findings of this research indicate the positive and significant mediating effect between environmental uncertainties on business performance, through the mediation of innovations, competitive conditions of the industrial environment which can encourage organizations to evolutionarily be more innovative in managing business to compete in the long term (Franke, 2007). This is also consistent with the theory of evolutionary economics (Nelson and Winter, 2000) that the old strategy may not suit the changes in the environment, and therefore companies should continue to seek new breakthroughs with persistent improvement and innovations. Social implications Dynamic and competitive conditions of the industrial environment require organizations to more intensively explore sources (capabilities) of innovations and accelerate generation of the innovations (Franke, 2007; Berry et al., 2006; Dobni, 2006; Davila et al., 2006; Spacapan and Bastic, 2007). Contextually, it appears that the competitive conditions of the aviation industry in either the short term or in the long term require business actors to be more innovative and to survive (Franke, 2007). Originality/value Innovations in business models as a new effort in improvisation specific to the business stage of the basic model (not very valuable) become more advanced business processes to produce products that are more valuable for consumers, at a more efficient cost with better profitability (Chesbrough, 2007b). So far, research on the role of innovations in response to environmental uncertainties and implementation of strategies to improve the performance of the environment-strategy-performance (ESP) model is still done partially so that there is no comprehensive model to describe the role of innovations in this ESP model, or let us say that a gap between theories and opportunities to do further research on the role of innovations in the ESP model exists.
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Le Bris, David. "Customary versus Civil Law within Old Regime France." SSRN Electronic Journal, 2013. http://dx.doi.org/10.2139/ssrn.2359261.
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Le Bris, David. "Customary versus Civil Law within Old Regime France." SSRN Electronic Journal, 2014. http://dx.doi.org/10.2139/ssrn.2412837.
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"Immunities and Criminal Proceedings; (Equatorial Guinea v. France)." International Law Reports 191 (2021): 219–373. http://dx.doi.org/10.1017/ilr.2020.5.
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International Court of Justice — Provisional measures — Diplomatic relations — Immunity of State officials and State property — Prima facie jurisdiction — United Nations Convention on Transnational Organized Crime, 2000 (“Palermo Convention”) — Optional Protocol to Vienna Convention on Diplomatic Relations concerning the Compulsory Settlement of Disputes, 1961 — Plausibility — Article 22 of Vienna Convention on Diplomatic Relations, 1961 — Inviolability of diplomatic premises — Whether building located at 42 Avenue Foch could plausibly be regarded as housing diplomatic mission of Equatorial Guinea — Irreparable prejudice — Urgency — Link between provisional measures requested and rights sought to be protected International Court of Justice — Jurisdiction — Palermo Convention — Whether references to customary international law incorporate those rules of customary law into the Convention — Sovereign equality of States — Whether dispute regarding alleged breach of customary law principle within jurisdiction of the Court under the Palermo Convention — Vienna Convention on Diplomatic Relations, Optional Protocol — Dispute regarding status of buildings claimed as premises of diplomatic mission International Court of Justice — Admissibility — Abuse of process — Abuse of rights — Whether reasons not to exercise jurisdiction under Optional Protocol to the Vienna Convention on Diplomatic Relations — Matter for preliminary objections — Whether exceptional circumstances existing — Whether Application inadmissible on that basis — Abuse of rights — Whether ground of inadmissibility when establishment of rights claimed properly a matter for merits Treaties — Palermo Convention — Subject matter of dispute — Procedural preconditions to Court’s jurisdiction under Article 35(2) of Palermo Convention — Scope of jurisdiction ratione materiae under Palermo Convention — Article 4 of Palermo Convention — Incorporation of customary rules of international law on State immunity by reference to principles of sovereign equality, territorial integrity and non-intervention in internal affairs of other States — Alleged overextension of jurisdiction by France in implementing provisions of Palermo Convention 220Diplomatic relations — Vienna Convention on Diplomatic Relations, 1961 — Optional Protocol to Vienna Convention on Diplomatic Relations concerning the Compulsory Settlement of Disputes, 1961 — Subject matter of dispute — Procedural preconditions to Court’s jurisdiction under Articles II and III of Optional Protocol — Meaning of “premises of the mission” under Article 1(i) of Vienna Convention — Whether definition of “premises of the mission” falling within scope ratione materiae of Vienna Convention — Whether a dispute concerning inviolability of the building at 42 Avenue Foch State immunity — Jurisdictional immunity — Head of State immunity — Vice-President of State accused of misappropriation of funds and money laundering by authorities of another State — Whether entitled to immunity — Basis for any claim to immunity — Customary international law — Whether incorporated into Palermo Convention
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"Transparency International France v. Mr X." International Law Reports 195 (2021): 219–26. http://dx.doi.org/10.1017/ilr.2021.38.
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219State immunity — Jurisdictional immunity — Immunity of individual officials — Head of State immunity — Immunity ratione personae and immunity ratione materiae — Immunity ratione personae confined to Head of State and certain high-ranking officials — Immunity ratione materiae applicable only in respect of official acts — Vienna Convention on Diplomatic Relations, 1961 — Vice-President of State accused of misappropriation of funds and money laundering by authorities of another State — Whether entitled to immunity — Immunity of diplomatic agents — State sovereignty — Customary international law — The law of France
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"The determination of customary international law in European courts (France, Germany, Italy, The Netherlands, Spain, Switzerland)." Non-State Actors and International Law 4, no. 1 (2004): 3–24. http://dx.doi.org/10.1163/157180704323129412.
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Guilment, Jean, Didier Martin, and Olivier Poncelet. "Hybrid organic-inorganic materials designed to clean wash water in photographic processing: Genesis of a sol-gel industrial product: the Kodak Water Saving Treatment System." MRS Proceedings 726 (2002). http://dx.doi.org/10.1557/proc-726-q6.55.
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AbstractEnvironmental laws concerning the water are becoming more and more stringent year after year in European Union (AT2950 France, Legge Merli in Italy). The classical silver halide photoprocessing requires at least 3 steps which are the development, the fixing and the wash. The washing step uses a large amount of water which is discarded in the sewer. By July 2000 a new French regulation imposed that the volume of wash water has to be divided by 5 and the nature of pollutants (silver in different species) has to be maintained below 1 mg/L. The Kodak Water Saving Treatment System has been designed to help our customers to be in compliance with the law. This system has two functions, the release of a biocide cocktail and the trapping of silver. Two aluminosilicate gels (imogolite -like material) allow the treatment to occur, the first one releases biocides in the water flow and allows the processor to remain clean, the second one which is an hybrid organic-inorganic composite (imogolite modified by a controlled hydrolysis of a mercaptoalkyl silicium alkoxide) allows to trap silver. These gels are extremely robust versus time and chemical environment (pH). This paper will describe the synthetic way, the gel system characterization (Raman) and the obtained performances in various configurations after one year on the market. Other applications of these hybrid organic -inorganic composites in photographic fields will be also discussed.