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Journal articles on the topic 'Mandatory law of forum'

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Author: Grafiati

Published: 4 June 2021

Last updated: 1 February 2022

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1

Wowerka, Arkadiusz. "Obce przepisy wymuszające swoje zastosowanie. Glosa do wyroku Trybunału Sprawiedliwości Unii Europejskiej z dnia 18 października 2016 r. w sprawie C-135/15 Republika Grecji przeciwko Grigoriosowi Nikiforidisowi." Problemy Prawa Prywatnego Międzynarodowego 25 (December 31, 2019): 91–106. http://dx.doi.org/10.31261/pppm.2019.25.05.

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This commentary examines the judgement of the CJEU of 18 October 2016 in case C-135/15 Republik Griechenland v. Grigorios Nikiforidis. The judgement in question concerns the issue of treatment of foreign overriding mandatory provisions under the Article 9(3) of Regulation No 593/2008. This topic is the subject to a great deal of controversy and academic discussion. The ECJ concluded that the mentioned provision must be interpreted as precluding overriding mandatory provisions other than those of the State of the forum or of the State where the obligations arising out of the contract have to be or have been performed from being applied, as legal rules, by the court of the forum, but as not precluding it from taking such other overriding mandatory provisions into account as matters of fact in so far as this is provided for by the national law that is applicable to the contract pursuant to the Regulation. This interpretation is not affected by the principle of sincere cooperation laid down in Article 4(3) TEU. In this respect the judgement of CJEU brings significant clarification on the question, whether a court of the forum can have regard to foreign overriding mandatory provisions, which do not belong to the legal system of the country of performance of the contract on the level of the applicable substantive law. However, there are still questions arising under Article 9(3) of Rome I Regulation, which need to be clarified.

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2

Żarnowiec, Łukasz. "Wpływ przepisów wymuszających swoje zastosowanie na rozstrzyganie spraw spadkowych pod rządami rozporządzenia Parlamentu Europejskiego i Rady (UE) Nr 650/2012." Problemy Prawa Prywatnego Międzynarodowego 25 (December 31, 2019): 43–65. http://dx.doi.org/10.31261/pppm.2019.25.03.

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Since August 17, 2015 the courts of the Member States of the European Union apply the conflict-of-laws rules adopted in the EU Succession Regulation (EU) in succession matters. From the Polish point of view, this constitutes not only the change of the rules applied for the purposes of determining jurisdiction and the applicable law, but also a new approach to the overriding mandatory provisions. Contrary to other European instruments of private international law, the Succession Regulation neither uses the term “overriding mandatory provisions”, nor defines its meaning. Nevertheless, in Article 30 the Regulation provides for application — irrespective of the law applicable to the succession under its conflict rules — of the special rules of the State, where certain immovable property, enterprises or other special categories of assets are located, and which — for economic, family or social considerations — impose restrictions concerning or affecting the succession in respect of those assets, in so far as, under the law of that State, they are applicable irrespective of the law applicable to the succession. The interpretation of this provision cause difficulties. It is not clear whether the concept of the special provisions embodied in Article 30 refers to the concept of overriding mandatory rules, well known in the European private international law, or whether it constitutes an original solution. Another controversial issue discussed in the paper is the relevance of the mandatory rules of the forum or the third State other than those mentioned in Article 30.

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Wiggin, Carolyn. "A Funny Thing Happens When You Pay for a Forum: Mandatory Student Fees to Support Political Speech at Public Universities." Yale Law Journal 103, no. 7 (May 1994): 2009. http://dx.doi.org/10.2307/797020.

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4

Huang, Jie (Jeanne). "Applicable Law to Transnational Personal Data: Trends and Dynamics." German Law Journal 21, no. 6 (September 2020): 1283–308. http://dx.doi.org/10.1017/glj.2020.73.

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AbstractThe recent COVID-19 outbreak has pushed the tension of protecting personal data in a transnational context to an apex. Using a real case where the personal data of an international traveler was illegally released by Chinese media, this Article identifies three trends that have emerged at each stage of conflict-of-laws analysis for lex causae: (1) The EU, the US, and China characterize the right to personal data differently; (2) the spread-out unilateral applicable law approach comes from the fact that all three jurisdictions either consider the law for personal data protection as a mandatory law or adopt connecting factors leading to the law of the forum; and (3) the EU and China strongly advocate deAmericanization of substantive data protection laws. The trends and their dynamics provide valuable implications for developing the choice of laws for transnational personal data. First, this finding informs parties that jurisdiction is a predominant issue in data breach cases because courts and regulators would apply the law of the forum. Second, currently, there is no international treaty or model law on choice-of-law issues for transnational personal data. International harmonization efforts will be a long and difficult journey considering how the trends demonstrate not only the states’ irreconcilable interests but also how states may consider these interests as their fundamental values that they do not want to trade off. Therefore, for states and international organizations, a feasible priority is to achieve regional coordination or interoperation among states with similar values on personal data protection.

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Deltsova, N. V., U. A. Dorofeeva, M. N. Zubkova, and M. A. Tokmakov. "Application of Foreign Law in Economic Disputes and Implementation of National Interests." SHS Web of Conferences 71 (2019): 02007. http://dx.doi.org/10.1051/shsconf/20197102007.

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In the context of globalization, the question of protecting one's own national interests is becoming more acute for the state on whose territory foreign law and order is applied. The application of foreign legislation in economic disputes creates various problems and raises questions related to the establishment of the content of foreign law, which must be resolved in the context of Theoretical understanding and law enforcement practice. This study is aimed at identifying the risks of uncertainty in the application of foreign law to relations involving a foreign element in the Russian legal reality and finding ways to overcome them taking into account national interests. Special attention is paid to consideration of the Institute of non-use (limitations) of foreign law is presented in the form of rules on the application of the mandatory rules of the forum (lex fori), the reservation of public order (order public), and eliminating the use of foreign law in case of conflict.

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Ali, Moh, and Agus Yudha Hernoko. "Characteristics of Party autonomy in a Transnational Electronic Consumer Contract." Yuridika 35, no. 1 (October 21, 2019): 55. http://dx.doi.org/10.20473/ydk.v35i1.15105.

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International contracts involving legal subjects between countries will affect the law chosen by the parties. Electronic contracts are different than conventional contracts in general. Prominent characteristics includevirtual, paperless and borderless. Determination of legal choices cannot be made with a link-point approach that is generally applicable to conventional transactions. The typical e-commerce characteristics should be special treatment for special contracts. The virtual nature that knows no national borders is difficult to determine in which country the legal event takes place. Paperless nature often overrides accuracy in transactions, especially with regard to legal choice clauses and forum choices.In addition, another character is that electronic transactions are made in standard form and are arranged for the purpose of take or leave it. Generally, business actors have determined the choice of law and the choice of the forum. Electronic contracts place consumers in a weak bargaining position (the weaker party). There are active limitations in determining the legal choice clause, causing consumers not to have an unequal bargaining power, giving rise to a fundamental paradigm shift in the principle of freedom of contract from "party autonomy" to "one-sided autonomy". On this basis, the need for state intervention to provide legal protection in the form of mandatory regulations as an exception to the contractual principle that is absolute becomes relative, namely that the applicable law is not mutatis mutandis law that is chosen by the parties but the law where habitual residence is.

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7

LETUNOVSKY, VALENTIN V. "From total supervision to smart control." Public Administration 22, no. 3 (2020): 6–18. http://dx.doi.org/10.22394/2070-8378-2020-22-3-6-18.

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The article is based on the author’s presentation at the Gaidar Forum – 2020 titled ‘From Total Supervision to Smart Control: Issues of Methodology, Theory, and Practice’ in the framework of the expert discussion ‘How Regulatory Enforcement Has Changed: Citizen Perspective’. The author’s position is presented in support of the need for a consistent distinction between control and supervision, including in terms of evaluating their effectiveness, which is currently carried out virtually syncretically in relation to the control and supervision activities of the state. The article formulates the methodological and theoretical model for differentiating control and supervision, its dynamics based on the potential of digital technologies. Based on the results of analytical reports of both state structures and the expert community, the author concludes that it is necessary to adjust the regulatory framework of control and supervisory activities with a mandatory value reorientation of control and supervisory authorities from punitive ideology to the protection and maintenance of the interests of citizens and businesses. It is noted that the synergetic effect at the next stage of development of control and supervisory activities can be provided by a combination of technological and legal approaches and the ‘intersection’ of law-making and law enforcement. Expanding digitalization will allow smart control to replace comprehensive supervision, which will provide a more effective management and control system. According to the author, the practice of total, mandatory, continuous supervision will finally become a thing of the past. The basis of the new control will be a special digital plat

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Mensah, Thomas A. "The International Tribunal for the Law of the Sea." Leiden Journal of International Law 11, no. 3 (September 1998): 527–46. http://dx.doi.org/10.1017/s0922156598000387.

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The International Tribunal for the Law of the Sea is one of the “compulsory procedures entailing binding decisions” provided for in Article 287 of the Convention. The Tribunal is established by Annex VI to the Convention which is its Statute. Within the Tribunal is established the Seabed Disputes Chamber which has jurisdiction to deal with respect to deep-sea mining activities covered by Part XI of the Convention.The Tribunal performs three different but closely related functions. The first is to offer a forum of choice for states parties to the Convention to settle disputes concerning the interpretation or application of the provisions of the Convention. The second function is to provide a special, and largely mandatory, procedure for dealing with disputes in connection with the interpretation and application of the provisions of Part XI of the Convention. This is the function of the Seabed Disputes Chamber. The Chamber also has competence to give advisory opinions on legal questions arising within the scope of the activities of the Assembly and Council of the International Seabed Authority. Thirdly, the Tribunal serves as a residual and compulsory mechanism for the settlement of certain disputes identified by the Convention as requiring expeditious decision, such as applications for the prompt release of arrested vessels and crew or requests for the prescription of provisional measures pending final decisions in cases. The Tribunal may also deal with disputes arising under other maritime agreements, if the agreements so provide.The Tribunal commenced operations in October 1996. It has completed organizational work for its administrative judicial functions. It has adopted its Rules, the Resolution on the Internal Judicial Procedure and Guidelines to assist parties appearing before it. It has also established special Chambers. The Tribunal has already dealt with one application for the prompt release of a vessel and crew arrested in a foreign port and one request for provisional measures. Proceedings are in progress on the merits of the first case submitted to it.

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Molazadeh, Meisam, and Ali Taghikhani. "Form Conditions of Check Issuing in Iranian and British Law." Journal of Politics and Law 9, no. 8 (September 29, 2016): 80. http://dx.doi.org/10.5539/jpl.v9n8p80.

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The aim of this research is to evaluate the components and to state the form conditions of check issuing in statute of two countries of Iran and England. Due to the wide use of check and prevalence of its use as a payment instrument, and even the instrument for obtaining reputation such as promissory note and draft, the issuer should be familiar with the form conditions of check issuing to prevent possible problems caused by lack of knowledge. Since today these documents play a major role in communicating and business transactions, and strength most of deals. This led to prevalence of using aforementioned documents in establishment of trade exchanges, so that it can be said that these documents are an inseparable part of business transactions. The results obtained from the other researches and studies indicate that form conditions of check issuing are almost identical in Iranian and British Laws, that observing some of them is necessary, and if they are not observed, commercial document of the check will not have the necessary validity. Of mandatory form conditions include the date of issuing check include: Check issuing date, mentioning the word of check, unconditional order of payment of the amount check, check amount, mentioning the name of drawee on the check, mentioning the name of Mohil, indicating the place of check issuing, indicating the name of the holder, signature of check . In this study form conditions of issuing electronic check have also been investigated.

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10

Vázquez, Carlos M. "Volkswagen Aktiengesellschaft v. Schlunk." American Journal of International Law 82, no. 4 (October 1988): 816–20. http://dx.doi.org/10.2307/2203516.

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In this first decision by the United States Supreme Court on the scope and application of the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, better known as the Hague Service Convention, petitioner, a West German company, challenged the respondent’s attempt to serve process on petitioner by serving its wholly owned U.S. subsidiary in accordance with the state’s rules rather than pursuant to the procedures of the Convention. The Circuit Court of Cook County, Illinois, found that the relationship between the German parent and the U.S. subsidiary was such that, under state-law rules of agency, the U.S. subsidiary was the parent’s involuntary agent for service of process. Because service could thus be perfected entirely within the United States, the court held that it was not necessary to follow the procedures of the Hague Service Convention. The Illinois Appellate Court affirmed, and the Illinois Supreme Court denied leave to appeal. The U.S. Supreme Court (per O’Connor, J.) affirmed and held: (1) the Hague Service Convention is “mandatory” and preempts inconsistent state-law methods of service in all cases to which it applies; (2) the Convention applies where there is occasion to transmit a document abroad to charge persons with formal notice of a pending action; and (3) whether it is necessary to transmit a document abroad for such purposes is determined by the forum state’s internal law.

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11

Goñi Urriza, Natividad. "La ley aplicable a la forma en las donaciones internacionales. En torno a la STSJ Cataluña de 18 marzo 2019 = Applicable law to the form requirements of international gifts. Around the sentence of The High Court of Cataluña of 18 March 2019." CUADERNOS DE DERECHO TRANSNACIONAL 12, no. 1 (March 5, 2020): 586. http://dx.doi.org/10.20318/cdt.2020.5205.

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Resumen: La sentencia del Tribunal Superior de Justicia de Cataluña de 18 de marzo de 2019 resuelve sobre la validez de una donación entre esposos de un bien inmueble sito en Ingarö (Suecia). La sentencia se pronuncia sobre la aplicación al caso del Reglamento Roma I y del desplazamiento del art. 11CC como norma de conflicto aplicable a la validez formal de la donación, tampoco la considera ley de policía del foro.Palabras clave: requerimientos de forma, donaciones internacionales entre esposos, leyes de policía, Reglamento Roma I. art. 11CC. Abstract: The Judgment of the High Court of Cataluña of 18 March 2019 ruled on the formal validity of an international gift between spouses of a land situated in Ingarö (Sweden). The Judgment apply the Rome I Regulation and avoid the application of art. 11CC even as an overriding mandatory provision of the law of the forum.Keywords: form requirements, international gifts between spouses, overriding mandatory provisions, Rome I Regulation. art. 11CC.

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12

Widyawati, Anis, Ridwan Arifin, and Rasdi Rasdi. "Brain versus Reality: How Should Law Students Think?" Indonesian Journal of Advocacy and Legal Services 3, no. 1 (March 15, 2021): 91–110. http://dx.doi.org/10.15294/ijals.v3i1.42290.

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Law students are expected to have special abilities in the field of legal science, either in oral or oral. But in fact, the analytical skills of law students are not comparable to other abilities. Based on preliminary research conducted by the Proposer Team, it shows that out of 200 law students surveyed (Students of the Faculty of Law, Semarang State University), only 10 have written and conducted scientific publications in both national and international journals. Meanwhile, of the 200 people stated that students' critical abilities and analytical thinking are important, 184 people said that discussion forums are mandatory for law students, but in fact, of these 184 people, only 2 people followed up on the results of the discussion. . In other words, discussions conducted by students were not followed up in various forms of scientific studies and publications that could be read by many people. This program provides facilities for law students in in-depth critical analysis studies and criminal case studies related to human rights. In this program, students are expected to be able to have good analytical skills both in oral and verbal forms. Partners in this program are the law student community at Semarang State University. This program is expected to be able to solve partners' problems in the lack of critical analytical skills and case studies of criminal law as well as scientific publication of legal research results. The output of this program is expected to create a sustainable and sustainable activity related to critical analysis and legal case studies.

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13

Vasiljević, Mirko. "Arbitration agreement and intercompany disputes." Anali Pravnog fakulteta u Beogradu, no. 2/2018 (July 14, 2018): 7–46. http://dx.doi.org/10.51204/anali_pfub_18201a.

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The affirmation of resolution through arbitration of commercial disputes in the field of contract law, both at national levels (as an undisputable trend of varying degrees) as well as at the international level, has raised the issue of the possibility of resolving intercompany disputes in this manner, in order to extend the freedom of will of investors from the domain of establishing companies to include the domain of the freedom of choice of a forum for resolving possible disputes arising from numerous legal relations of this kind. However, unlike contracts, with the primacy of free will compared to limitations (the relation of rules and exceptions), the sphere of intercompany relations, although basically contractual by its origin, has, in its functioning, an emphasized need to resolve the conflict of contract and company law in order to make the arbitrability of these disputes realistically possible, while on the other hand, compared to the contract law, the sphere of company law is always more in the focus of attention of national public orders, as a universal institute (regardless of its scope), which represents an obstacle to arbitrability of these disputes. In this paper, the author first analyses the legal nature of the constituent acts of companies (the founding act and statute of a joint stock company) in the context of an arbitration agreement, on which the arbitrability of intercompany disputes can solely be based, finding that their contractual nature is a serious obstacle to mandatory arbitrations of these disputes (if these acts with this clause are adopted by majority of votes), and that the theory of adhesion contracts could be a solution to encourage arbitrability, but only for closed type of companies, while this would not be possible in the case of a public joint stock company, especially in the case of non-professional shareholders because of the need to additionally protect them through consumer law. The author continues by analysing the notion of intercompany disputes and systems of possible objective arbitrability (ratione materiae) of these disputes, finding that the Serbian arbitration law and company law, especially with regard to the possible restrictive concept of „exclusive jurisdiction of commercial courts“ for these disputes, has at least serious reasons for changes in favour of strengthening their arbitrability, with certain necessary individual exclusions in case of the dominance of public order interest. Finally, the author also analyses certain aspects of multiparty nature of the intercompany disputes, especially regarding public joint stock companies, as possible procedural obstacles to their resolution through arbitration, even in cases of their possibly undisputable objective arbitrability.

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L. G., Ostapchuk, and Kondratenko N. V. "PROBLEM ASPECTS OF EXECUTION OF PUNISHMENT IN THE FORM OF ARREST OF CONVICTED SERVICEMAN." Scientific journal Criminal and Executive System: Yesterday. Today. Tomorrow 2020, no. 2 (December 22, 2020): 53–61. http://dx.doi.org/10.32755/sjcriminal.2020.02.053.

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The article analyzes the provisions of criminal law and international law governing the punishment in the form of arrest of servicemen. It is determined that the studied type of criminal punishment in relation to servicemen has its own specifics since servicemen serve their sentences directly during military service. Therefore, in the process of serving a sentence in the form of arrest, convicted servicemen do not lose their special status, which is regulated by departmental normative-legal acts. The theory of criminal law of Ukraine and judicial practice are proved to not previously know such a type of criminal punishment as arrest. It is determined that of special interest are the issues of studying the peculiarities of the execution of punishment in the form of arrest of convicted servicemen, as well as the compliance of domestic legislation with international law. Among the main problems of the legislation of Ukraine, which regulates the legal procedure for execution and serving a sentence in the form of arrest by convicted servicemen, it is singled out the inconsistency of domestic legislation with international standards. There is the need to involve qualified personnel to work with convicted servicemen, who must be carefully selected, properly trained, paid for at the professional level and have a status that is respected in civil society. The European Penitentiary Regulations stipulate that before personnel can take up their duties, they must undergo a training course in the performance of their general and specific tasks and pass theoretical and practical examinations, and a training course must be completed for all personnel, including a study of international and regional instruments and norms in the field of human rights protection, particularly the European Convention on Human Rights and the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment. The analysis of domestic and international law indicates that special attention should be paid to the rules that ensure the right of a convicted serviceman to medical care, the convict’s right to purchase food and basic necessities, the right to visit relatives and friends, telephone conversations, the right to convicts’ separate detention of different sexes, the right to respect for their dignity, etc. Therefore, the reforms implementation in the penitentiary sphere is quite appropriate at present. First of all, it is necessary to bring military penitentiary institutions in line with the requirements of international legal acts that determine the rules for the treatment of convicts and prisoners, as most of them are not recommended, but mandatory. Key words: arrest, military criminal offenses, serviceman, guard.

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Binstadt, Emily, Rachel Dahms, Amanda Carlson, Cullen Hegarty, and Jessie Nelson. "When the Learner Is the Expert: A Simulation-Based Curriculum for Emergency Medicine Faculty." Western Journal of Emergency Medicine 21, no. 1 (December 19, 2019): 141–44. http://dx.doi.org/10.5811/westjem.2019.11.45513.

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Emergency physicians supervise residents performing rare clinical procedures, but they infrequently perform those procedures independently. Simulation offers a forum to practice procedural skills, but simulation labs often target resident learners, and barriers exist to faculty as learners in simulation-based training. Simulation-based curricula focused on improving emergency medicine (EM) faculty’s rare procedure skills were not discovered on review of published literature. Our objective was to create a sustainable, simulation-based faculty education curriculum for rare procedural skills in EM. Between 2012 and 2019, most EM teaching faculty at a single, urban, Level 1 trauma center completed an annual two-hour simulation-based rare procedure lab with small-group learning and guided hands-on instruction, covering 30 different procedural education sessions for faculty learners. A questionnaire administered before and after each session assessed EM faculty physicians’ self-perceived ability to perform these rare procedures. Participants’ self-reported confidence in their performance improved for all procedures, regardless of prior procedural experience. Faculty participation was initially mandatory, but is now voluntary. Diverse strategies were used to address barriers in this learner group including eliciting learner feedback, offering continuing medical education credits, gradual roll-out of checklist assessments, and welcoming expertise of faculty leaders from EM and other specialties and professions. Participants perceived training to be most helpful for the most rarely-encountered clinical procedures. Similar curricula could be implemented with minimal risk at other institutions.

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Srikanth, Aligi. "Incidents of Sexual Harassment at Educational Institutions in India: Preventive Measures and Grievance Handling." Asian Review of Social Sciences 7, no. 3 (November 5, 2018): 108–13. http://dx.doi.org/10.51983/arss-2018.7.3.1458.

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Building up of a value based work culture is expected to be inherent in every educational setting. The emphasis of this research paper is to set up a preventive measure and fair procedure to develop a better and reliable organisational culture in educational institutions, free from issues of sexual harassment and exploitation. In doing so this paper will look at the recent developments in the arena of sexual harassment, the mandatory legal requirements for implementing policy that act as deterrent to and safeguard victim of sexual harassment at schools, colleges and universities. The paper highlights the imperatives that are vital for rendering executable and implementable policies, procedures and remedies. The research methodology adopted for this paper is doctrinal and sources of information are both primary and secondary which includes opinion and experience of women in educational institutions, reports and articles from books, newspapers, websites, case laws, etc. Various statute books and Bare Acts like the Indian Penal Code, 1860, Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and The Criminal Law (Amendment) Act 2013 has also been referred for the study. Research attempted to understand the perception of women in educational institutions towards sexual harassment issues and identify the consequences and aftermath of incidents of sexual harassment at workplace. This paper suggests measures for effective implementation of Sexual Harassment Redressal forums in Educational Institutions as prescribed by law of land.

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&NA;, &NA;. "MANDATORY PHYSICIAN ASSIGNMENT LAW." Journal of Wound, Ostomy and Continence Nursing 13, no. 6 (November 1986): 22A. http://dx.doi.org/10.1097/00152192-198611000-00007.

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18

Trossman, Susan. "Mandatory Reporting Law Gone Awry." AJN, American Journal of Nursing 105, no. 6 (June 2005): 73–75. http://dx.doi.org/10.1097/00000446-200506000-00032.

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Madoc-Jones, Iolo. "Mandatory drug testing." Probation Journal 53, no. 1 (March 2006): 81–82. http://dx.doi.org/10.1177/026455050605300111.

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Zhou, Qi. "Limits of mandatory rules in contract law: an example in agency law." Northern Ireland Legal Quarterly 65, no. 4 (February 12, 2019): 357–69. http://dx.doi.org/10.53386/nilq.v65i4.221.

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This paper uses Article 17 of the Commercial Agent (Council Directive) Regulations 1993 as an example to illustrate the regulatory limits of a mandatory rule in contract law. Article 17 aims to protect commercial agents by forcing the principal to a commercial agency contract to make a mandatory end payment to the agent on termination of the contract. This paper argues that Article 17 cannot benefit the commercial agent. Rather, it makes both the agent and the principal worse off. Based on the analysis, the paper provides four general implications for understanding the limits of the mandatory rule in policing abuse of bargaining power. First, the mandatory rule will generate a new compliance cost for the stronger party, who can pass it on to the weaker party. Second, the mandatory rule cannot benefit all of the parties aimed to be protected. It inevitably creates both winners and losers. Third, the mandatory rule cannot be used to force the stronger party to make a direct payment of money to the weaker party. Fourth, the mandatory rule may exacerbate the problem of information asymmetry in a contracting process.

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Weisenfels, Becky. "The case management law forum." Case Manager 7, no. 1 (January 1996): 51–57. http://dx.doi.org/10.1016/s1061-9259(96)80061-0.

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The Editors. "Law & Policy Forum Pieces." Law & Policy 33, no. 3 (June 22, 2011): 427. http://dx.doi.org/10.1111/j.1467-9930.2011.00345.x.

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Кресин, Алексей, Aleksey Kresin, Хашматулла Бехруз, and Khashmatulla Bekhruz. "International forum on comparative law." Comparative Research In Law and Politics 1, no. 2 (November 1, 2013): 121–22. http://dx.doi.org/10.12737/1936.

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24

VAN ZYL SMIT, DIRK. "Mandatory Sentences." Punishment & Society 2, no. 2 (April 2000): 197–212. http://dx.doi.org/10.1177/14624740022227953.

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Alexander, Ann. "Forum Non Conveniens in the Absence of an Alternative Forum." Columbia Law Review 86, no. 5 (June 1986): 1000. http://dx.doi.org/10.2307/1122548.

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Pinto, Patrícia Duarte, and Mozart Matheus de Andrade Carvalho. "As diferentes narrativas sobre a Escravidão em livros didáticos de História dos séculos XX e XXI." Revista Discente Ofícios de Clio 3, no. 4 (December 21, 2018): 97. http://dx.doi.org/10.15210/clio.v3i4.14178.

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O objetivo deste trabalho é analisar e comparar narrativas presentes em livros didáticos produzidos no início dos séculos XX e XXI com a finalidade de compreender como o negro, a escravidão e o movimento abolicionista no Brasil, foram abordados ao longo do tempo, nessas fontes. Nota-se que houve uma profunda alteração na abordagem dos conteúdos relacionados a essa temática, ocorridas, entre outros motivos, pela implantação de políticas públicas, como o Programa Nacional do Livro Didático (PNLD), e a lei nº 10.639/03, que tornou obrigatório o estudo da História e da Cultura Afro-Brasileira nas instituições de ensino fundamental e médio de todo o país, juntamente com as mudanças da historiografia brasileira ocorrida a partir dos anos 1980, nomeadamente das pesquisas acadêmicas sobre a escravidão.Palavras-chave: Livros Didáticos, História, Escravidão. Abstract The aim of this work is to analyze and compare narratives present in textbooks written in the beginning of the XX and XXI centuries with the purpose of understanding the approach on Black people, slavery and the abolitionist movement in Brazil over time in these sources. It is noted that there was a profound change in the approach to the content related to these themes, which occurred, among other reasons, by the implementation of public policies, such as the Programa Nacional do Livro Didático (National Textbook Program - PNLD), and the Law No. 10.639/03, which has made mandatory the study of Afro-Brazilian History and Culture in primary and secondary schools throughout the country, together with the changes in Brazilian historiography from the 1980s on, namely, academic researches on slavery.Keywords: Textbooks, History, Slavery.

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27

Lazareff, S. "Mandatory Extraterritorial Application of National Law." Arbitration International 11, no. 2 (June 1, 1995): 137–50. http://dx.doi.org/10.1093/arbitration/11.2.137.

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Gordon, Jeffrey N. "The Mandatory Structure of Corporate Law." Columbia Law Review 89, no. 7 (November 1989): 1549. http://dx.doi.org/10.2307/1122812.

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29

Wojewoda, Michal. "Mandatory Rules in Private International Law." Maastricht Journal of European and Comparative Law 7, no. 2 (June 2000): 183–213. http://dx.doi.org/10.1177/1023263x0000700204.

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30

Maddern, Guy, and Joseph Wayne Smith. "Surgical ethics, law and mandatory reporting." ANZ Journal of Surgery 81, no. 12 (December 2011): 855–56. http://dx.doi.org/10.1111/j.1445-2197.2011.05928.x.

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31

Umphrey, Martha Merrill. "Forum." Law Society Review 38, no. 4 (December 2004): 833–34. http://dx.doi.org/10.1111/j.0023-9216.2004.00068.x.

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Friedman, David S., Paul R. Bernard, Josh Rubin, Tom Lee, Hillary B. Smith, and Michael T. Reynolds. "Editors' Forum." Stanford Law Review 47 (1995): 1157. http://dx.doi.org/10.2307/1229215.

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33

Cuijpers, Colette. "A Private Law Approach to Privacy; Mandatory Law Obliged?" SCRIPT-ed 4, no. 4 (December 15, 2007): 304–18. http://dx.doi.org/10.2966/scrip.040407.304.

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Svirin, Yury Alexandrovich, Sergej Nikolaevich Shestov, Vladislav Petrovich Sorokin, Marina Andreevna Simanova, and Catherina Aleksandrovna Kukhturskaya. "Super-mandatory rules in private international law." LAPLAGE EM REVISTA 7, Extra-C (June 20, 2021): 29–37. http://dx.doi.org/10.24115/s2446-622020217extra-c981p.29-37.

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The article studies the concept and the need to apply super-mandatory rules in international private relations. The concept of super-mandatory rules emerged in international law in the 20th century. However, different countries provide various definitions of such rules and develop different practices of their application. The diversification of this concept hinders the effective protection of violated rights and obligations of parties to international relations. Analyzing different acts of international law, the authors of the article offer their vision of super-mandatory rules. Methods: The topic was studied through general scientific methods and special scientific methods, including system-structural, historical, technical-legal analysis, comparative jurisprudence, etc. The objective is to examine the application of super-mandatory rules (in particular, their possible application in international private relations), as well as determine and formulate their essence. Results: The authors have studied the application of super-mandatory rules in various countries, including Russia. They have also formed the definition of super-mandatory rules and considered the possibility of their application in Russia.

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Phillips, Scott W., and James J. Sobol. "Twenty Years of Mandatory Arrest." Criminal Justice Policy Review 21, no. 1 (August 11, 2008): 98–118. http://dx.doi.org/10.1177/0887403408322962.

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36

Bies, John. "Conditioning Forum Non Conveniens." University of Chicago Law Review 67, no. 2 (2000): 489. http://dx.doi.org/10.2307/1600494.

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Criddle, Evan J., and Evan Fox-Decent. "Mandatory Multilateralism." American Journal of International Law 113, no. 2 (April 2019): 272–325. http://dx.doi.org/10.1017/ajil.2019.3.

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AbstractThis Article challenges the conventional wisdom that states are always free to choose whether to participate in multilateral regimes. International law often mandates multilateralism to ensure that state laws and practices are compatible with sovereign equality and joint stewardship. The Article maps mandatory multilateralism's domain, defines its requirements, and examines its application to three controversies: the South China Sea dispute, the United States’ withdrawal from the 2015 Paris Agreement, and Bolivia's case against Chile in the International Court of Justice.

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Bisping, Christopher. "THE COMMON EUROPEAN SALES LAW, CONSUMER PROTECTION AND OVERRIDING MANDATORY PROVISIONS IN PRIVATE INTERNATIONAL LAW." International and Comparative Law Quarterly 62, no. 2 (April 2013): 463–83. http://dx.doi.org/10.1017/s0020589313000055.

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AbstractThis article analyses the relationship of the proposed Common European Sales Law (CESL) and the rules on mandatory and overriding provisions in private international law. The author argues that the CESL will not achieve its stated aim of taking precedence over these provisions of national law and therefore not lead to an increase in cross-border trade. It is pointed out how slight changes in drafting can overcome the collision with mandatory provisions. The clash with overriding mandatory provisions, the author argues, should be taken as an opportunity to rethink the definition of these provisions.

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Bernal, Susan Kerr. "Bioethics and Law Forum*: Twin Autonomy." Journal of Andrology 25, no. 1 (January 2, 2004): 2–4. http://dx.doi.org/10.1002/j.1939-4640.2004.tb02750.x.

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Bernal, Susan Kerr. "Bioethics and Law Forum*: “Morally Reprehensible”." Journal of Andrology 25, no. 2 (March 4, 2004): 178. http://dx.doi.org/10.1002/j.1939-4640.2004.tb02774.x.

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Bernal, Susan Kerr. "Bioethics and Law Forum*: Ethical Offspring?" Journal of Andrology 25, no. 5 (September 10, 2004): 667–70. http://dx.doi.org/10.1002/j.1939-4640.2004.tb02838.x.

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The Editors. "Introducing Law & Policy Forum Pieces." Law & Policy 32, no. 3 (June 9, 2010): 362. http://dx.doi.org/10.1111/j.1467-9930.2010.00319.x.

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43

Jackson, Tim. "Forum." Energy Policy 20, no. 3 (March 1992): 190–91. http://dx.doi.org/10.1016/0301-4215(92)90077-f.

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44

Wilhite, Harold. "Forum." Energy Policy 20, no. 2 (February 1992): 173. http://dx.doi.org/10.1016/0301-4215(92)90111-e.

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Bougen, Christopher D. "Conflicting Approaches to Conflicts of Jurisdiction: The Brussels Convention and Forum Non Conveniens." Victoria University of Wellington Law Review 33, no. 2 (September 2, 2002): 261. http://dx.doi.org/10.26686/vuwlr.v33i2.5847.

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In developing an earlier article, published as “Time to Revisit Forum Non Conveniens in the United Kingdom? Group Josi Reinsurance Co v UGIC (2000) 32 VUWLR 705, this paper takes the debate further. The discretionary doctrine of forum non conveniens continues to be a controversial doctrine, and its relationship with the mandatory jurisdiction provisions of the Brussels Convention often leads to courts considering the correct methodology. Due to the seemingly growing acceptance of an expansive view of the scope of the Convention, this article looks to the future of forum non conveniens in the United Kingdom. Seemingly, there is sufficient flexibility within the Convention, for its jurisdiction rules to be the sole determinant of jurisdiction.

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Fawcett, J. J. "Evasion of Law and Mandatory Rules in Private International Law." Cambridge Law Journal 49, no. 1 (March 1990): 44–62. http://dx.doi.org/10.1017/s0008197300106889.

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It has often been asserted that English private international law has no doctrine of evasion of the law. It is true that English law has never developed a general doctrine, like the French one of fraude a la hi, to deal with cases of evasion. Nonetheless, evasion of the law has been recognised as a problem in at least some areas of private international law, and an increasing number of specific anti-evasion measures have been introduced in response to this. The English approach towards evasion is a pragmatic one rather than being based on any broad underlying theory. In particular, the fundamental questions have not been addressed of what is wrong with evasion of the law and how it can be dealt with most effectively. The purpose of this article is to examine the present law on evasion, determine what is wrong with evasion of the law and put forward proposals for a principled approach to deal with the problem.

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Vučković, Vuk. "Mandatory lawyers liability insurance in German law." Glasnik Advokatske komore Vojvodine 78, no. 9 (2006): 117–28. http://dx.doi.org/10.5937/gakv0603117v.

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<Zaključak> Osiguranje od odgovornosti iz advokatske delatnosti veoma je široko rasprostranjeno i u ostalim evropskim zemljama. Tako je ono obavezno u Velikoj Britaniji, Holandiji, Švajcarskoj, dok se u ostalim zemljama u praksi često zaključuje i preporučuje advokatima. Primetna je i tendencija zakonske regulacije ove vrste osiguranja kao obaveznog osiguranja, kao što je to trenutno slučaj u Luksemburgu. U Americi ovo osiguranje sa izuzetkom države Oregon nije obavezno, ali ga većina advokata redovno zaključuje. U svakom slučaju, odlike ove vrste osiguranja su prvenstveno zaštita klijenata, koji u slučaju pretrpljene štete nastale greškom svog advokata, pored advokata imaju mogućnost naplate naknade štete od izvesno solventnog dužnika (osiguravača). Takođe, advokat je zaštićeniji u obavljanju svoje delatnosti, koja svakodnevno uz povećanu zakonodavnu aktivnost kako nacionalnog zakonodavca tako i propisa Evropske unije, postaje sve kompleksnija i zahtevnija. Advokat je dakle, u slučaju prouzrokovanja imovinske štete svom klijentu u povoljnijoj situaciji, nego što bi to bio bez zaključenog osiguranja od odgovornosti. Kako se u pravnim sistemima zemalja sa područja bivše SFRJ broj pravnih akata svakog dana rapidno povećava, delatnost advokata biva sve komplikovanija te su i advokati izloženiji mogućim greškama. U tom smislu bi od strane nacionalnih zakonodavstava trebala biti prihvaćena tendencija iz pravnih sistema evropskih zemalja i osiguranje odgovornosti iz advokatske delatnosti uvršteno u sistem obaveznog osiguranja. Dakako, regulacija minimalnih osiguranih suma na koje bi se osiguranje moralo zaključiti, morala bi biti prilagođena ekonomskim prilikama svake pojedinačne zemlje, uz mogućnost promene minimalnih suma od strane nadležnog ministarstva ili advokatske komore shodno rešenju iz nemačkog prava. Konačno, ugovaranje učešća u šteti od strane advokata se pokazalo u praksi kao veoma uspešno sredstvo radi očuvanja pažnje i odgovornosti sa kojom advokat obavlja delatnost, te se i ono preporučuje.

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Gábriš, Tomáš. "Mandatory and Default Rules in Private Law." Bratislava Law Review 4, no. 1 (August 31, 2020): 61–70. http://dx.doi.org/10.46282/blr.2020.4.1.163.

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The paper summarizes philosophical, historical and doctrinal background of the differentiation between mandatory and default rules in private law in general and in company law in particular. The conclusion of the author is the plea to provide for a clear guidance in the respective doctrine and legislation as to the criteria and principles applicable to distinguishing between the two types of regulations.

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Patakyová, Mária, and Martin Winner. "Mandatory and Default provisions in Company Law." Bratislava Law Review 4, no. 1 (August 31, 2020): 45–46. http://dx.doi.org/10.46282/blr.2020.4.1.170.

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50

Mayer, P. "Mandatory rules of law in international arbitration." Arbitration International 2, no. 4 (October 1, 1986): 274–93. http://dx.doi.org/10.1093/arbitration/2.4.274.

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