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1
Pengelley, Nicholas. "Waiver of Sovereign Immunity from Execution: Arbitration is Not Enough." Journal of International Arbitration 26, Issue 6 (December 1, 2009): 859–72. http://dx.doi.org/10.54648/joia2009045.
Повний текст джерелаАнотація:
A continuing controversy in international commercial arbitration concerns the right of a private party to an arbitration to execute an award against a recalcitrant state party, despite the advent of the doctrine of restricted immunity, which seemingly applies only to waiver of jurisdiction, not execution. The problematic issue is the extent to which, if at all, a state that has waived sovereign immunity from jurisdiction has also waived immunity from execution—in effect from enforcement of an arbitral award by attachment of its sovereign assets. In a sign that the old order may be changing, some courts have been willing to hold that consent by a state to arbitration implies waiver of immunity from execution as well as from jurisdiction. The issue was recently tackled by the Hong Kong Court of First Instance, in FG Hemisphere Associates L.L.C. v. Democratic Republic of Congo. Reyes, J. looked at what might constitute waiver of sovereign immunity, particularly with respect to immunity from execution in the context of enforcement of an arbitral award against a state, finding that participation in an arbitration, including agreement to arbitral rules requiring satisfaction of an award, was not sufficient to constitute waiver of immunity from execution in itself. Taking that decision as a useful starting place, this article discusses the issue of waiver of sovereign immunity from execution with respect to arbitral awards.
2
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.
Повний текст джерелаАнотація:
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.
3
JURATOWITCH, Ben. "Waiver of State Immunity and Enforcement of Arbitral Awards." Asian Journal of International Law 6, no. 2 (February 13, 2015): 199–232. http://dx.doi.org/10.1017/s204425131400040x.
Повний текст джерелаАнотація:
If a state has waived state immunity by agreement with a non-state entity in advance of court proceedings brought by that entity to enforce an arbitral award against that state, then the enforcement court should give effect to the waiver. That is the opposite of what the Hong Kong Court of Final Appeal decided in Democratic Republic of the Congo v. FG Hemisphere, but it is the approach reflected in the 2004 United Nations Convention on the Jurisdictional Immunities of States and their Property. After examining that Hong Kong case and that United Nations Convention, this paper considers the position in various jurisdictions. The prevalent position is in general terms that consent to arbitration usually constitutes waiver of state immunity from jurisdiction of a court to recognize the arbitral award as creating a debt binding on the state, but usually does not constitute waiver of state immunity from execution of that debt against the assets of the state. The conclusion of the paper includes a model waiver of state immunity from jurisdiction and from execution.
4
Gélinas, Fabien, and Mees Brenninkmeijer. "Execution Immunities and the Effect of the Arbitration Agreement." Journal of International Arbitration 37, Issue 5 (September 1, 2020): 549–88. http://dx.doi.org/10.54648/joia2020027.
Повний текст джерелаАнотація:
The prevailing view in international legal practice is that a state does not waive its immunity from execution by merely consenting to arbitration. Yet, in the context of arbitration between states and private parties, execution immunities have emerged as a very significant obstacle to the effective implementation of arbitral awards. When immunity from execution allows states to escape obligations they have freely undertaken, and when it withholds from claimants the fruits of a favourable award, the benefits of arbitration become illusory. This article contends that the prevailing view is no longer compelling because, in the context of arbitration, deference to state immunity is misplaced and imposes an unjustified limit on the rule of law. It is suggested that an agreement to arbitrate should ultimately have the presumptive effect of waiving immunity from execution. The proposed waiver may be viewed as following from the obligation that the sovereign voluntarily undertakes when submitting to arbitration, and tracks the normative evolution of the relation between the doctrine of sovereign immunity and arbitration law. State Immunity, Immunity from Execution, Implied Waiver, Arbitration Agreement, Subjective Arbitrability, Santiago Resolution, Rule of Law, International Public Policy.
5
Brenninkmeijer, Mees, and Fabien Gélinas. "The Problem of Execution Immunities and the ICSID Convention." Journal of World Investment & Trade 22, no. 3 (June 21, 2021): 429–58. http://dx.doi.org/10.1163/22119000-12340214.
Повний текст джерелаАнотація:
Abstract The prevailing view in international practice is that, by consenting to arbitration, a State does not waive its immunity from execution. Yet, in the context of arbitration administered by the International Centre for Settlement of Investment Disputes (ICSID) – as in the context of arbitration between States and private parties more generally – the problem of execution immunities is a very significant obstacle to the effective implementation of arbitral awards. When immunity from execution allows States to escape obligations they have freely undertaken, and when it withholds from claimants the fruits of a favourable award, the benefits of arbitration become illusory. This article contends that the prevailing view is no longer compelling. We argue that domestic courts can and should uphold the rule-of-law objectives and benefits of the ICSID Convention by adjusting their approach to immunity claims in the arbitral context: consent to arbitration should be interpreted as an implied waiver of immunity from execution.
6
RYNGAERT, CEDRIC. "Embassy Bank Accounts and State Immunity from Execution: Doing Justice to the Financial Interests of Creditors." Leiden Journal of International Law 26, no. 1 (February 5, 2013): 73–88. http://dx.doi.org/10.1017/s0922156512000659.
Повний текст джерелаАнотація:
AbstractEmbassy bank accounts are among the properties of states most widely present in foreign states. Accordingly, they constitute an ideal target for attachment by creditors. International instruments have largely upheld state immunity from execution regarding bank accounts, however. Likewise, state practice largely – and apparently increasingly – supports state immunity from measures of attachment, by applying a presumption that funds in embassy bank accounts are used for governmental non-commercial purposes. This approach is overly deferential to the state. Instead, it is argued that domestic courts should require that the state, at least partially, discharge the burden of proof regarding the nature (commercial/sovereign) of the funds in the bank account. A failure to discharge this burden should result in a rejection of immunity. Only such an approach adequately balances the interests of states and creditors, and does sufficient justice to the creditor's right of access to a court. In addition, it is argued that such a balance is also brought about by construing literally general waivers of immunity from attachment, as not requiring an additional specific waiver regarding embassy bank accounts.
7
Goh, Nelson. "Court-Ordered Interim Relief Against States in Aid of Arbitration: Sovereign Immunity, Waiver and Comity." Journal of International Arbitration 34, Issue 4 (August 1, 2017): 679–709. http://dx.doi.org/10.54648/joia2017032.
Повний текст джерелаАнотація:
States and state entities are increasingly involved in commercial arbitration. Despite the fairly settled principles concerning state immunity from adjudication and state immunity from execution, the principles concerning state immunity from interim relief by domestic courts in aid of arbitration remains poorly defined. Adopting Professor McLachlan’s approach toward foreign relations law, this article attempts to sketch the principles which may govern state immunity in the context of interim relief against states in aid of arbitration by applying the rules of state immunity in an allocative manner. It is suggested that it is at least arguable that a state’s consent to arbitration in many cases could amount to a waiver of state immunity from court-aided interim relief by the court located at the seat of the arbitration. This conclusion is likely to strike a balance between over-deference to states by virtue of their sovereign status, and a liberal erosion of the immunity rules in favour of private counterparties.
8
Ishikawa, Tomoko. "Extraterritorial Discovery in Aid of Execution and State Immunity: Case Comment on Republic of Argentina v. NML Capital, Ltd., 573 U.S. ___ (2014)." Accounting, Economics and Law - A Convivium 5, no. 2 (July 1, 2015): 173–92. http://dx.doi.org/10.1515/ael-2014-0016.
Повний текст джерелаАнотація:
AbstractOn 16 June 2014, the Supreme Court of the United States rejected the petition for a writ of certiorari stemming from the dispute over the meaning of the pari passu clause in the Argentine sovereign bonds. This decision had a dramatic impact on Argentina’s sovereign debt restructurings (SDR) – indeed, it arguably led to Argentina’s second default in 13 years on 30 July 2014. On the same day that the petition for certiorari was rejected, the Supreme Court rendered a judgment on the issue of the relationship between discovery in aid of execution against the debtor state’s extraterritorial assets and the law of state immunity. In Republic of Argentina v. NML Capital, Ltd., judgment of 16 June 2014, the Supreme Court affirmed the Second Circuit’s conclusion that the extraterritorial assets discovery against two non-party banks in aid of executing the judgments stemming from Argentina’s default of its external debt did not offend Argentina’s sovereign immunity. This comment addresses this judgment on extraterritorial discovery which, although less headline grabbing than the decisions on the pari passu clause, also marks a victory for holdout creditors. It first provides a summary of the background of the case and the judgment, and then considers its implications on the future SDR. Regarding the implications of the case on the future SDR, this comment also describes the developments of law concerning the relationship between the law on foreign investment and SDR (in investment arbitration) and the relationship between investment arbitration awards and sovereign immunity (in US courts). First, it examines the recent decisions in ICSID arbitration concerning the disputes arising from the Argentina’s default and subsequent SDR (Abaclat v. Argentina (decision on jurisdiction and admissibility of 4 August 2011) and Ambiente v. Argentina (decision on jurisdiction and admissibility of 8 February 2013)). In essence, these decisions opened the door to investment treaty arbitration for holdout creditors of international sovereign bonds, for the first time in the history of investment arbitration. It then describes the Second Circuit’s recent decision in Blue Ridge v. Argentina (judgment of 19 August 2013) in which the court concluded that the defendant state in an ICSID arbitration was considered to have waived its jurisdictional immunity under the Foreign State Immunity Act of 1976 (FSIA). It argues that the combination of: (a) Argentina v. NML, (b) Blue Ridge v. Argentina, and (c) the openness of ICSID arbitration to disputes arising from SDR will have potentially serious consequences for future SDR.
9
Shchur, Bohdan V., and Iryna V. Basysta. "ECHR decision to refuse to waive the immunity of a person under article 1 of the protocol no. 6: Individual interpretations of the essence and consequences." Journal of the National Academy of Legal Sciences of Ukraine 28, no. 3 (September 17, 2021): 257–67. http://dx.doi.org/10.37635/jnalsu.28(3).2021.257-267.
Повний текст джерелаАнотація:
In present-day Ukraine, there is no unanimous answer to the question of the essence and consequences of the ECHR decision to refuse to waive immunity under Article 1 of the Protocol No. 6 either in the national criminal procedural legislation, or in the theory of criminal procedure, or among judges, investigators, prosecutors. Therefore, the purpose of the present paper is to try to attempt to formulate individual approaches to address this issue. The relevance of the subject under study is conditioned upon its theoretical and practical components. The former is that there this area is heavily understudied, and judicial practice, among other things, requires a certain scientific basis to formulate individual positions in their unity. The dilemma proposed in the title of this study was also addressed by members of the Scientific Advisory Board of the Supreme Court, who were approached by judges of the Grand Chamber for scientific opinions, emphasising the urgency and necessity of feedback from practitioners. To formulate the individual approaches serving the purpose of this study, the authors employed such general and special research methods as dialectical, induction and deduction, Aristotelian, system-structural, sampling method, comparison, and legal forecasting. Notwithstanding the fact that the ECHR decision to refuse to waive the immunity stipulated in Article 1 of the Protocol No. 6, adopted by its plenary session in accordance with Article 4 of the Protocol No. 6 to the General Agreement on Privileges and Immunities of the Council of Europe, is “procedural”, it was proven that the Grand Chamber of the Supreme Court has the authority to conduct proceedings on the application of such a person to review the judgment precisely in exceptional circumstances. It is emphasised that the ECHR decision should be considered as one that does not aim at the final assessment of criminal proceedings, so it cannot be equated with the decision of an international judicial institution, which would state Ukraine's violation of international obligations in court and the order of its execution will differ. The authors also address the fact that the consequences of the ECHR decision to refuse to waive the immunity stipulated in Article 1 of the Protocol No. 6 are critical. After all, such a decision of the European Court of Human Rights is the “bell” for Ukraine, which, among other things, may hint at the probability that the Court will identify the facts of human rights violations
10
Shchur, Bohdan V., and Iryna V. Basysta. "ECHR decision to refuse to waive the immunity of a person under article 1 of the protocol no. 6: Individual interpretations of the essence and consequences." Journal of the National Academy of Legal Sciences of Ukraine 28, no. 3 (September 17, 2021): 257–67. http://dx.doi.org/10.37635/jnalsu.28(3).2021.257-267.
Повний текст джерелаАнотація:
In present-day Ukraine, there is no unanimous answer to the question of the essence and consequences of the ECHR decision to refuse to waive immunity under Article 1 of the Protocol No. 6 either in the national criminal procedural legislation, or in the theory of criminal procedure, or among judges, investigators, prosecutors. Therefore, the purpose of the present paper is to try to attempt to formulate individual approaches to address this issue. The relevance of the subject under study is conditioned upon its theoretical and practical components. The former is that there this area is heavily understudied, and judicial practice, among other things, requires a certain scientific basis to formulate individual positions in their unity. The dilemma proposed in the title of this study was also addressed by members of the Scientific Advisory Board of the Supreme Court, who were approached by judges of the Grand Chamber for scientific opinions, emphasising the urgency and necessity of feedback from practitioners. To formulate the individual approaches serving the purpose of this study, the authors employed such general and special research methods as dialectical, induction and deduction, Aristotelian, system-structural, sampling method, comparison, and legal forecasting. Notwithstanding the fact that the ECHR decision to refuse to waive the immunity stipulated in Article 1 of the Protocol No. 6, adopted by its plenary session in accordance with Article 4 of the Protocol No. 6 to the General Agreement on Privileges and Immunities of the Council of Europe, is “procedural”, it was proven that the Grand Chamber of the Supreme Court has the authority to conduct proceedings on the application of such a person to review the judgment precisely in exceptional circumstances. It is emphasised that the ECHR decision should be considered as one that does not aim at the final assessment of criminal proceedings, so it cannot be equated with the decision of an international judicial institution, which would state Ukraine's violation of international obligations in court and the order of its execution will differ. The authors also address the fact that the consequences of the ECHR decision to refuse to waive the immunity stipulated in Article 1 of the Protocol No. 6 are critical. After all, such a decision of the European Court of Human Rights is the “bell” for Ukraine, which, among other things, may hint at the probability that the Court will identify the facts of human rights violations
11
ROSE, KELSEY A. "When Immunity Means Impunity: Lessons for Canada from Recent Cases on State Immunity from Execution." Canadian Yearbook of international Law/Annuaire canadien de droit international 55 (August 13, 2018): 335–67. http://dx.doi.org/10.1017/cyl.2018.12.
Повний текст джерелаАнотація:
AbstractThis article reviews recent cases from Canada, Australia, the United Kingdom, and the United States involving state immunity from execution and suggests the burden on creditors to disprove this immunity is excessively onerous. While the problem is much belaboured, few solutions have been explored or implemented. This article proposes that in the Canadian context, adjusting the evidentiary burden on parties to an execution immunity dispute would improve the ability of creditors to obtain fair payment from debtor states, without infringing state sovereignty.
12
Demetriades, Achilleas, and Alexandros Demetriades. "Using related Legal Systems to secure the Execution of just Satisfaction awarded by the ECtHR." Lexonomica 13, no. 2 (December 23, 2021): 187–212. http://dx.doi.org/10.18690/lexonomica.13.2.187-212.20212.2021.
Повний текст джерелаАнотація:
The present article hopes to initiate a discussion concerning alternative methods through which applicants themselves can ensure that recalcitrant respondent States comply with their obligations to execute the judgments of the ECtHR. This may be done by mobilising related legal systems towards this end. This paper focuses on the 'just satisfaction' element of the judgment and examines one possible avenue through which applicants themselves can secure their payment. The relevant course of action has two elements: (i) securing the recognition of the ECtHR's order to pay within the national legal order of a non-respondent High Contracting Party to the Convention and requesting that the relevant national court issue a third-party debt order against the European Commission and (ii) securing the waiver of the European Commission's immunity.
13
Highet, Keith, George Kahale, and Georges R. Delaume. "Sovereign immunity—central banks—waiver of immunity from prejudgment attachment—U.S. Foreign Sovereign Immunities Act." American Journal of International Law 88, no. 2 (April 1994): 340–42. http://dx.doi.org/10.2307/2204105.
Повний текст джерела
14
Zellmer, Sandra. "Waiving Federal Sovereign Immunity in Original Actions Between States." University of Michigan Journal of Law Reform, no. 53.2 (2020): 447. http://dx.doi.org/10.36646/mjlr.53.2.waiving.
Повний текст джерелаАнотація:
There are tremendous disparities between high stakes original actions between states before the U.S. Supreme Court, where there is no waiver of federal sovereign immunity, and other types of cases in the lower courts, where a plethora of immunity waivers allow states and other parties to seek relief from the federal government for Fifth Amendment takings, unlawful agency action, and tort claims. Federal actions or omissions are often at the heart of the dispute, and federal involvement may be crucial for purposes of providing an equitable remedy to the state parties, but there is no reliable mechanism for bringing the federal government to an original action before the Supreme Court. This Article shows how federal sovereign immunity stands in the way of comprehensive resolution of interstate water rights and highlights the need for reforms to facilitate meaningful participation by the United States. In particular, it investigates the merits of a waiver of federal sovereign immunity in original actions between the states. Although federal immunity is a staple of our nation’s jurisprudence, it has no constitutional basis and it serves little purpose in this context. The Article concludes that a congressional waiver of federal sovereign immunity would be appropriate and would have few downsides, at least in the case of original actions between states before the U.S. Supreme Court.
15
Weatherall, Thomas. "Inviolability Not Immunity." Journal of International Criminal Justice 17, no. 1 (March 1, 2019): 45–76. http://dx.doi.org/10.1093/jicj/mqz011.
Повний текст джерелаАнотація:
Abstract Recent proceedings involving former Sudanese President Omar Al-Bashir have highlighted a novel intersection of international and domestic law: the domestic execution of international arrest warrants for an incumbent high state official. While the overwhelming trend over the past decade has been for international and domestic courts to analyse this issue from the perspective of immunity, that approach is not sufficient. The domestic execution of an international arrest warrant presents a question of inviolability, not immunity. Although the immunity and inviolability enjoyed by incumbent high state officials under customary international law often apply coextensively, the two doctrines are distinct in function and scope. While immunity precludes the exercise of jurisdiction by a foreign court, it is inviolability that operates as a privilege from physical interference by domestic authorities. The arrest and surrender of incumbent high state officials is likely to persist as both an objective and a challenge for international courts. If they are to succeed in this regard, international courts must account for why the privilege of inviolability does not bar the execution of international arrest warrants.
16
Ranjan, Prabhash. "Trade-Related Aspects of Intellectual Property Rights Waiver at the World Trade Organization: A BIT of a Challenge." Journal of World Trade 56, Issue 3 (May 1, 2022): 523–46. http://dx.doi.org/10.54648/trad2022021.
Повний текст джерелаАнотація:
To augment the global production and distribution of Covid-19 medical products such as vaccines, drugs, and other therapeutics, countries are negotiating temporarily waiving certain provisions of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement at the World Trade Organization (WTO). Depending on the conditions that will govern the waiver, countries will amend their domestic intellectual property (IP) laws to effectively implement the waiver. While the waiver will provide immunity to IP-related regulatory measures from legal claims at the WTO, multinational pharmaceutical companies can use the investor-State dispute settlement (ISDS) mechanism under bilateral investment treaties (BITs) to challenge such IP-related regulatory measures. In case of such a challenge to IP-related regulatory measures, will the host State be able to defend these measures? The article answers this question by dividing the investment treaty practice into those BITs that contain carve-out for IP and those that don’t. The former set of treaties provides greater regulatory autonomy to implement the TRIPS waiver. However, given the fragmented and incoherent nature of the ISDS mechanism, the outcome will depend on arbitral discretion. TRIPS waiver, WTO, bilateral investment treaties, intellectual property, investor-state dispute settlement
17
Schmalenbach, Kirsten. "Austrian Courts and the Immunity of International Organizations." International Organizations Law Review 10, no. 2 (June 20, 2014): 446–63. http://dx.doi.org/10.1163/15723747-01002012.
Повний текст джерелаАнотація:
Austria is host state to several international organizations, and as a result the immunity of international organizations and their officials is a constant concern to the Austrian Ministry of Foreign Affairs, and from time to time this issue is considered by Austrian Courts. But who in Austria authoritatively decides on the presence of jurisdictional immunities: the judiciary or the government? What kind of acts or omissions count as a waiver of immunity, and who has the power to do just that? What is the scope of the organization’s immunity ratione materiae, especially when compared to the immunity of states? What is the scope of the jurisdictional immunity of officials? And, finally, do Austrian courts balance the jurisdictional immunity of international organizations with the human right of access to courts? This paper outlines the international laws and domestic rules applicable to questions of immunity, and then analyzes eleven final judgments from Austrian courts that deal with the immunity of international organizations and their officials. It concludes with a brief evaluation of the scope of the immunity of international organizations and their officials in light of the Austrian legal order.
18
Blumrosen, Alexander, and Fleur Malet-Deraedt. "NML Capital Ltd. v. Republic of Argentina." American Journal of International Law 107, no. 3 (July 2013): 638–44. http://dx.doi.org/10.5305/amerjintelaw.107.3.0638.
Повний текст джерелаАнотація:
In three cases decided on the same day, the French Court of Cassation held that the provisional attachments of funds belonging to the Republic of Argentina by NML Capital Ltd. (NML) were void on the ground of sovereign immunity from enforcement because the funds were intended to finance state noncommercial activities and had not been subject to an express waiver of immunity by Argentina. These cases are the first judicial application by the Court of Cassation of the 2004 United Nations Convention on Jurisdictional Immunities of States and Their Property (2004 UN Convention), which France signed on January 17, 2007, and ratified on June 28, 2011.
19
Douglas, Michael, and Claudia Carr. "The Commercial Exceptions to Foreign State Immunity." Federal Law Review 45, no. 3 (September 2017): 445–68. http://dx.doi.org/10.22145/flr.45.3.4.
Повний текст джерелаАнотація:
The Foreign States Immunities Act 1985 (Cth) provides that foreign states are immune to the jurisdiction of Australian courts, and that their property is immune from execution. Those immunities are subject to important ‘commercial exceptions’. First, foreign states are not immune in Australian proceedings insofar as they concern a ‘commercial transaction’. Second, foreign states are not immune from execution in respect of ‘commercial property’. The distinction between the commercial and the non-commercial may be difficult to pin down. With reference to recent case law, including the High Court's decision in Firebird Global Master Fund II Ltd v Republic of Nauru (2015) 258 CLR 31, this article aims to articulate the scope of the commercial exceptions. It is argued that the scope of the commercial transaction exception is uncertain, and depends on courts’ approach to the task of characterisation. It is also argued that the commercial property exception is undesirably narrow, and will present a recurring impediment to the vindication of private rights.
20
Ouziel, Lauren. "Waiving States' Sovereign Immunity from Suit in Their Own Courts: Purchased Waiver and the Clear Statement Rule." Columbia Law Review 99, no. 6 (October 1999): 1584. http://dx.doi.org/10.2307/1123549.
Повний текст джерела
21
Malet-Deraedt, Fleur. "The New French Legislation on State Immunities from Enforcement." ASA Bulletin 36, Issue 2 (May 1, 2018): 332–50. http://dx.doi.org/10.54648/asab2018029.
Повний текст джерелаАнотація:
The French legislative changes on State immunities fromenforcement brought by the Loi Sapin II are a compromise between the protection of State property against illegal enforcement measures, in particular through the requirement for a prior judicial authorization for such measures, and the creditors’ right to the enforcement of their claims, as provided under the European Convention on Human Rights. Creditors are now sheltered from the fluctuations in case law, as shown in particular in the NML and Commisimpex judicial sagas, but the drafting of appropriate waiver clauses remains crucial, particularly since these legislative changes have a considerable impact on the enforcement of international arbitration awards in France. Indeed, Section L.111-1-2 marks the end of the flexible approach allowed under the ruling by the Cour de cassation in Creighton, whereby waivers of immunity from enforcement could be tacitly inferred from the mere consent of the State to submit to arbitration. Nevertheless, the Loi Sapin II, as it applies to sovereign immunity, is not a comprehensive set of rules, with only three new Sections incorporated in the Code of Civil Procedures of Enforcement, and therefore still leaves room for interpretation and further developments in French case law.
22
Bachand, Frédéric. "Overcoming Immunity–Based Objections to the Recognition and Enforcement in Canada of Investor–State Awards." Journal of International Arbitration 26, Issue 1 (February 1, 2009): 59–87. http://dx.doi.org/10.54648/joia2009003.
Повний текст джерелаАнотація:
Canada’s State Immunity Act is problematic in that it does not clearly prevent foreign states from raising pleas of jurisdictional immunity to defeat applications seeking the recognition and enforcement of arbitral awards made against them. Worst, the Act can even be interpreted as allowing foreign states to raise such pleas to avoid obligations arising out of international awards. In this respect, Canadian law is clearly out of step with the law in force in jurisdictions that can truly be said to be wholehearted supporters of the international arbitration system, where such pleas are, quite rightly, unambiguously forbidden. While ideally the problem would be addressed through a legislative amendment, this article contends that it can be addressed through a dynamic and contextual interpretation of the Act’s provisions relating to the waiver exception.
23
Rahman, Ferdous. "Defining Sovereign Assets for Immunity from Execution: International Rule of Law Versus International Law - Based Rule of Law." Eudaimonia, no. 5/2021 (August 31, 2021): 165–79. http://dx.doi.org/10.51204/ivrs_21107a.
Повний текст джерелаАнотація:
Sovereign assets receive restrictive sovereign immunity based on their purpose and/or use for execution of States’ commercial liabilities. The forum States’ courts decide the question of immunity of these assets. Due to lack of effective international conventions, these judgements result at inconsistent outcomes. Rule of law can be applied to mitigate this inconsistency. However, the objectives of rule of law vary for the national and the international legal order. Moreover, the divergence in group-interests of States and mandate of international organizations have failed to agree on a uniform definition of international rule of law. Thereby, this paper suggests international law-based rule of law as an alternative approach. International law-based rule of law aims at achieving the same objectives as domestic legal order, but, by the tools of international laws. Finally, it proposes to develop an inter-States consensus-based model law to have uniform principles of sovereign assets’ immunity in international law.
24
Diaz-Cediel, Santiago. "Garcia de Borissow and Others v. Supreme Court of Justice – Labor Chamber, Embassy of the Lebanese Republic in Colombia and Embassy of the United States of America in Colombia." American Journal of International Law 111, no. 2 (April 2017): 446–53. http://dx.doi.org/10.1017/ajil.2017.35.
Повний текст джерелаАнотація:
On August 18, 2016, the Constitutional Court of the Republic of Colombia (Constitutional Court or Court) rendered a significant decision in the Garcia de Borissow and Others case on issues of immunity from execution, diplomatic protection, and objections to customary international law in its review of two combined cases brought by former local employees against the embassies of the Lebanese Republic and the United States of America in Bogotá. While upholding the diplomatic missions’ immunity from execution of lower court judgments awarding monetary sums, the Constitutional Court instructed the Colombian Ministry of Foreign Affairs (Foreign Ministry) to pursue recovery of such amounts either by diplomatic means or through enforcement of those judgments in Lebanese and American courts. The decision is both unique and problematic as a matter of international and domestic law.
25
Blagić, Dragan. "STATUTORY OF LIMITATION FOR JUVENILE IMPRISONMENT." Journal of Criminology and Criminal Law 59, no. 2 (November 5, 2021): 131–40. http://dx.doi.org/10.47152/rkkp.59.2.8.
Повний текст джерелаАнотація:
Statutory limitation is the base that leads to the expiration of a criminal sanction after a certain period of time. Since the statute of limitation is determined by the state through legal regulations, it means that in the end it represents a complete waiver of the state's right to punish due to the passage of time. Statute of limitation is given to a public, general social interest. When it comes to criminal sanctions against minors, then we say that educational measures do not become obsolete due to the expiration of a certain period of time from the finality of the decision on their imposition, which corresponds to the nature, character, content and purpose of this type of criminal sanctions. Then the following institutes are applied: a) suspension of execution and replacement of the imposed educational measure with another educational measure (Article 24 of the ZOMUKD) and b) re-decision on educational measures (Article 25 of the ZOMUKD). When it comes to an older juvenile who has been sentenced to juvenile imprisonment for a serious crime, the statute of limitation for the execution of that sentence is defined in the Article 33 of the ZOMUKD.
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Alrfua, Amal Yusuf, Ahmad Hasan Abu Sabah, and Ayman Yousef Mutlaq Alrfoua. "Parliamentary Immunity in International Legislation." Asian Social Science 14, no. 6 (May 28, 2018): 71. http://dx.doi.org/10.5539/ass.v14n6p71.
Повний текст джерелаАнотація:
A Legislature is one of the most important bodies in a country, because in addition to its primary duty of passing legislations it also monitors the executive body and holds it accountable for the execution of its duties. Due to this responsibility the national legal systems have granted legal protection for members of the legislature to aid them to carry out their assigned responsibilities in accordance with the constitution, this protection is known as Parliamentary immunity.We have clarified the concept of Parliamentary immunity and its legal nature, in addition we have also discussed its types (objective and procedural) and made clear the differences between them. In addition, we pointed out the procedure of lifting the immunity, legal reasons that require it be lifted and the position of some constitutions in regard it.We have also explained and indicated whether Parliamentary immunity was successful in protecting the legislature from intimidation or strong-arming of the executive authority.
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Trooboff, Peter D., and Luca G. Radicati di Brozolo. "Sovereign immunity—immunity from execution—customary international law—Vienna Convention on Diplomatic Relations—embassy bank accounts—aircraft belonging to state-owned airline." American Journal of International Law 84, no. 2 (April 1990): 573–77. http://dx.doi.org/10.2307/2203476.
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Rawls, Ariel. "No Longer Turning a Blind Eye to International Atrocities: Reframing Foreign Officials’ Functional Immunity as a Breach of States' International Legal Obligations to Effectively Prohibit Derogations from Peremptory Norms." International Journal of Legal Information 49, no. 2 (2021): 80–101. http://dx.doi.org/10.1017/jli.2021.14.
Повний текст джерелаАнотація:
On January 29, 2020, an Israeli air strike proved fatal, taking the lives of an entire family, a twelve-year-old child the youngest among them. The airstrike was carried out as part of Israel's military operation, Operation Protective Edge, in the Gaza Strip, and despite the deaths of numerous civilians, the State of Israel alleged that the strike was committed in pursuance of official duties. Ismail Zeyada, whose mother, brothers, sister-in-law, and nephew all perished in the airstrike, initiated a civil suit in the Netherlands against the two former Israeli military officials involved. In a devastating blow to the victims and their families, the District Court of the Hague dismissed the civil proceeding brought against the former Israeli officers. The Court cited the doctrine of functional immunity as the basis for this decision. The functional immunity, or immunity ratione materiae, of these officials bars the prosecution of them in any state besides Israel, absent a waiver by the Israeli government. As such, the victims of the airstrike, an act that might amount to a war crime, is not one for which victims are being offered redress. Although domestic prosecution of the case before Israeli courts is theoretically possible and is not precluded by the District Court of the Hague's dismissal, domestic prosecution is neither likely to occur nor likely to result in fair redress for the victims of this atrocity. This is not the justice these victims deserve. And it is not the justice that international law assures them.
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Balvardi, Keyvan Daryabeigi. "The Judicial Approaches of States’ Executive Immunity and Some Examples of Its." Journal of Politics and Law 10, no. 3 (June 1, 2017): 165. http://dx.doi.org/10.5539/jpl.v10n3p165.
Повний текст джерелаАнотація:
Executive immunity means that the criminal court sentence (decision) against a natural person as representative of foreign government resident, is no longer applicable in the another country. This type of immunity other than that in terms of government power in run is faced with different approaches is accepted by public and philosophy of its existence is good performance of diplomatic missions and compliance with the general principle of the sovereignty of states, based on which no government should be tried by another state or another state’s laws applied to him. The most important judicial approaches include the approach based on pure state immunity and its property, the approach based on accepting limit of executive immunity of foreign government, assimilation -based approach of competency and execution stages. By examining judgmental procedure of juridical courts of countries such as Turkey, Italy, Switzerland, Belgium and Iran, we conclude that most of the juridical immunity of states has been respected and immunity isn’t limited to acts of state and does not include the tenure acts and immunity is not related to business operations. In some cases, a double dealing with the issue of immunity from government and independent international organizations is seen.
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Masutti, Anna. "Legal Problems Arising from the Installation of the Galileo and EGNOS Ground Stations in NonEU Countries." Air and Space Law 37, Issue 1 (February 1, 2012): 65–79. http://dx.doi.org/10.54648/aila2012005.
Повний текст джерелаАнотація:
For their full operational capability, the European Union (EU) Global Navigation Satellite Systems, Galileo and EGNOS, have to rely upon Ground Sensor Stations (GSS) for the monitoring of navigation signals received from satellites and for the transmission of data to Galileo Control Centres through public networks. Some of the GSS will be installed in non-EU countries. Naturally, for these stations, the EU would like to maintain, inter alia, the inviolability of the premises: facilities free from all types of radio interference, hacking and eavesdropping attempts; the right to use codes; the privileges accorded to diplomatic personnel, communications and documents. The legal analysis of this problem has been based on the applicability of the 1945 United Nations (UN) General Convention on the Privileges and Immunities, the 2004 UN Convention on Jurisdictional Immunities of States and the 1961 Vienna Convention on Diplomatic Relations, as well as on international customary law. Consideration has been given to the legal personality of the EU, to the nature of the activities performed by GSS in order to assess EU immunity from jurisdiction or immunity from execution.
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Ramzan, Muhammad Tariq, Amir Hayat, and Hafiza Sumera Rabia. "Islamic Injunctions on Prisoner’s Immunity and Termination of captivity in War: The Case Study of Afghanistan." Journal of Religious and Social Studies 1, no. 02 (September 6, 2021): 29–46. http://dx.doi.org/10.53583/jrss03.0102.2021.
Повний текст джерелаАнотація:
Afghanistan remained an arena for international powers for the last two centuries. The climax period of the militant activities in this soil was from September 2001 to August 2021. Millions of human entities took part in this escalation and a large number of human fabric became captive by the detaining powers during this period. At the end of the armed climax, the emerging political & military coalition on this soil declared its stance about the method of governance after 15 August 2021 which would be based upon Islamic resources. In the perspective of this armed conflict, the question of prisoner’s immunity and termination of captivity in war attracted the attention of global powers. What options be available to prisoners of war about termination of war captivity under Islamic International Humanitarian Law (IIHL) and Conventional International Humanitarian Law (CIHL), is the mainstay of this paper. To answer the question, Islamic jurisprudence provides five methods to dissolve the detention and captivity in war. These methods are respectively freedom gratis, ransom, exchange of prisoners of war, execution, and enslavement. According to Islamic military guidance, freedom gratis remains the general practice in entire Islamic military history. Contrary to it, Ransom and exchange of prisoners of war were occasionally utilized and not the general practice in the entire military history of Islam. The execution and enslavement were pre-Islamic methods and practices. A set of Islamic injunctions were revealed to reform them (Execution & Enslavement) and hence they have been invoked as the source of reference in Islamic prudential literature. Along with, principles of conventional international humanitarian law are also associated with this discourse. Under these facts, this paper is a strenuous effort to embark on the solution of the matter which would be acceptable to all stakeholders regarding Afghanistan.
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Balvardi, Keyvan Daryabeigi. "Investigating Some Cases on Executive Immunity of States." Journal of Politics and Law 10, no. 3 (June 1, 2017): 158. http://dx.doi.org/10.5539/jpl.v10n3p158.
Повний текст джерелаАнотація:
Immunity from execution means that the criminal court verdict against a natural person who is resident in the country as a foreign government’s representative is not enforceable. Its philosophy is the good performance of diplomatic missions and compliance with the general principle of the sovereignty of states whereby no state should be judged by another state or another state’s laws are applied to it. Despite some views that under certain circumstances and with certain existential context continue to invoke the immunity, there is no doubt that the dominant approach of courts in civilized societies is to accept the immunity of property and governing activities of states and to reject their immunity about their possessive properties and activities. Here we review some proceedings which can clearly demonstrate through argumentative and legal bases that the sovereignty of the politics over the law and justice is already over.The following cases will be examined in this study: Swiss company NOGA vs. Russian Federation, the US company Creighton vs. the State of Qatar, Swiss company Ektimon vs. the Government of the Socialist Republic of Libya, and the Central Bank of Iran vs. Peterson.
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Pavot, David, and Lolita Laperle-Forget. "The Emergence of Objective Guidelines for Granting Immunity to International Non-Governmental Organizations." Chinese Journal of International Law 20, no. 1 (March 1, 2021): 137–63. http://dx.doi.org/10.1093/chinesejil/jmab012.
Повний текст джерелаАнотація:
Abstract Out of thousands of international non-governmental organizations (INGOs), only five benefit from immunities from jurisdiction and execution: the International Committee of the Red Cross (ICRC), the International Union for Conservation of Nature (IUCN), the Global Fund to Fight AIDS, Tuberculosis, and Malaria; Gavi, the Vaccine Alliance (Gavi), and the World Anti-Doping Agency (WADA). Based on empirical research, this article argues that there is an emerging State practice in granting immunity only to INGOs that meet two cumulative criteria: a hybridity character and a mission of international interest, formally recognized in a source of international law. This article proposes a new approach based on both Functionalism and Institutionalism that addresses the specificities of INGOs and thus shows that international law provides guidance on the granting of immunities.
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Bremer, Edwin. "Targeting of the Tumor Necrosis Factor Receptor Superfamily for Cancer Immunotherapy." ISRN Oncology 2013 (June 11, 2013): 1–25. http://dx.doi.org/10.1155/2013/371854.
Повний текст джерелаАнотація:
The tumor necrosis factor (TNF) ligand and cognate TNF receptor superfamilies constitute an important regulatory axis that is pivotal for immune homeostasis and correct execution of immune responses. TNF ligands and receptors are involved in diverse biological processes ranging from the selective induction of cell death in potentially dangerous and superfluous cells to providing costimulatory signals that help mount an effective immune response. This diverse and important regulatory role in immunity has sparked great interest in the development of TNFL/TNFR-targeted cancer immunotherapeutics. In this review, I will discuss the biology of the most prominent proapoptotic and co-stimulatory TNF ligands and review their current status in cancer immunotherapy.
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Polischuk, V. B., A. A. Ryzhov, M. P. Kostinov, O. O. Magarshak, A. D. Shmitko, I. V. Vlukachev, G. V. Vasileva, et al. "CONDITION OF ANTI-MEASLES IMMUNITY IN PATIENTS ON WAITING-LIST FOR LUNG TRANSPLANTATION." Journal of microbiology, epidemiology and immunobiology, no. 4 (August 28, 2016): 55–60. http://dx.doi.org/10.36233/0372-9311-2016-4-55-60.
Повний текст джерелаАнотація:
Aim. Determination of intensity of immunity against measles in patients on waiting-list for lung transplantation. Materials and methods. IgG levels against measles virus were studied in blood sera of 80 adult patients (mean age 35.8± 11.4 years) on waiting-list of lung transplantation, without history of this disease. Determination of IgG levels against measles virus was carried out by ELISA using a standard kit from «Vektor-Best» (VectoMeasles-IgG). Results. Protective level of IgG against measles virus (above 0.18 I U/ml) was registered in 83.3% of examined patients. Mean level of anti-measles antibodies was within protective values - 1.53 IU/ml (95% confidence interval 1.17 - 1.89). Medium level of anti-measles antibodies (1 - 5 IU/ml) was registered in most of the analyzed samples (55.2%). A positive correlation between values of antibodies and age of patients (r=0.43) was detected. Dependence between levels of antibodies and previously executed hormonal and cytostatic therapy was not detected. Conclusion. Patients on waiting-list of solid organ transplantation are a group of risk for development of severe course of measles infection, that dictates the necessity of execution of vaccination at short terms before or after registration on the waiting-list.
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Frulli, M. "'The Times they are A-Changing' -- the Italian Court of Cassation Denies Germany Immunity from Execution to Allow Compensation to War Crimes' Victims." Journal of International Criminal Justice 9, no. 5 (November 1, 2011): 1129–42. http://dx.doi.org/10.1093/jicj/mqr051.
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Chechi, Alessandro. "Relationship Between Municipal and International Law: Italian Jurisprudence on the Boundaries of State Immunity from Jurisdiction and Execution: Waiting for the Next Episode." Italian Yearbook of International Law Online 30, no. 1 (November 10, 2021): 493–96. http://dx.doi.org/10.1163/22116133-03001029.
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Giubilini, Alberto, Thomas Douglas, and Julian Savulescu. "Liberty, Fairness and the ‘Contribution Model’ for Non-medical Vaccine Exemption Policies: A Reply to Navin and Largent." Public Health Ethics 10, no. 3 (August 10, 2017): 235–40. http://dx.doi.org/10.1093/phe/phx014.
Повний текст джерелаАнотація:
Abstract In a paper recently published in this journal, Navin and Largent argue in favour of a type of policy to regulate non-medical exemptions from childhood vaccination which they call ‘Inconvenience’. This policy makes it burdensome for parents to obtain an exemption to child vaccination, for example, by requiring parents to attend immunization education sessions and to complete an application form to receive a waiver. Navin and Largent argue that this policy is preferable to ‘Eliminationism’, i.e. to policies that do not allow non-medical exemptions, because Inconvenience has been shown to maintain exemption rates low while not harming parents by forcing them to do something that goes against their beliefs. We argue that it is at least doubtful that Inconvenience is ethically preferable to Eliminationism: while the latter disregards the value of liberty, Inconvenience disregards the value of fairness in the distribution of the burdens entailed by the preservation of a public good like herd immunity. We propose a variant of Inconvenience, which we call ‘Contribution’, which we think is preferable to the versions of Inconvenience discussed by Navin and Largent in that it successfully strikes a balance between the values of parents’ liberty, fairness and expected utility.
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Stuart, J. M., K. A. V. Cartwright, D. M. Jones, N. D. Noah, R. J. Wall, C. Caroline Blackwell, A. E. Jephcott, and I. R. Ferguson. "An outbreak of meningococcal disease in Stonehouse: planning and execution of a large-scale survey." Epidemiology and Infection 99, no. 3 (December 1987): 579–89. http://dx.doi.org/10.1017/s0950268800066437.
Повний текст джерелаАнотація:
SUMMARYIn November 1986 a large-scale survey was undertaken in the Gloucestershire town of Stonehouse during an outbreak of meningococcal disease due to group B type 15 subtype Pl. 16 sulphonamide-resistant strains. There were 15 cases in Stonehouse residents during the 4 years from April 1983, an annual attack rate of 56·5 per 100000. Four secondary cases occurred despite rifampicin prophylaxis. The objectives of this community survey were to investigate patterns of meningococcal carriage, transmission and immunity and to determine the proportion of non-secretors of blood group antigens in the Stonehouse population find amongst meningococcal carriers. A total of 6237 subjects participated including 75% of the 6635 Stonehouse residents. Over 97% of the participants provided all three of the requested specimens – nasopharyngeal swabs, saliva and blood samples.The co-operation between the many organizations involved in the detailed preliminary planning was instrumental in the success of the survey; in particular the value of effective collaboration between Departments of Community Medicine and Microbiology and of the Public Health Laboratory Service network of laboratories in undertaking investigations of this size and type was clearly demonstrated.
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Tshitshi Ndouba, Kayamba. "Suplicatorio y política: Praxis parlamentaria y claves del debate doctrinal sobre el control jurisdiccional de la potestad denegatoria de los suplicatorios // Request to waive the Parliamentary Immunity and politics. Parliamentary praxis and keys issues of the doctrinal debate on the judicial review of the parliamentary power of denial the requests." Revista de Derecho Político 1, no. 103 (December 16, 2018): 381. http://dx.doi.org/10.5944/rdp.103.2018.23207.
Повний текст джерелаАнотація:
Resumen:El presente artículo aborda algunos problemas entre política y derecho que genera la decisión parlamentaria en la concesión o denegación de los suplicatorios. Por ello, analiza la praxis de los suplicatorios tramitados por el Congreso de los diputados y el Senado hasta la fecha, poniendo énfasis en la doctrina emanada de las decisiones adoptadas por las comisiones parlamentarias competentes. Para profundizar en la interacción entre suplicatorio, política y derecho, el artículo indaga en los pasos cualitativos y saltos prominentes de la evolución de la jurisprudencia constitucional sobre los límites de la facultad de las Cámaras para conceder o denegar el suplicatorio. Recaba y sistematiza el tratamiento académico de los puntos clave del debate emanado de estos sucesivos pronunciamientos del TC: las implicaciones de esta jurisprudencia en relación a los postulados constitucionales de independencia y ordenación de los poderes del Estado, las definiciones de criterios jurídicos que han de inspirar y guiar a las Cámaras para autorizar o denegar el suplicatorio, la concreción del modelo y la estructura de ponderación aplicables en los casos de colisión de dos derechos fundamentales (en este caso, los arts. 23 y 24 de la Constitución española [CE]). Summary:I. Praxis of the Parliamentary Procedure for the Waiver of Immunity. II. The Request to Waive the Parliamentary Immunity Before the Constitutional Court. Issues With Undeniable Constitutional Significance. III. The Constitutional Court and the Judicial Review of the Requests to Waive the Parliamentary Immunity. 1. Interna corporis acta and fundamental rights. 2. «Trial of opportunity» and the formal «requirement of a statement of reasons». 3. The degree of providing an adequate statement of reasons in the denial court’s decision. 4. The question of weighing up different values against one another: fundamental rights and the Parliament members’ prerogatives. IV. The Doctrinal Debate on the Constitutional Court’s Jurisprudence. 1. Emptying the parliamentarian immunity and the issue of «checks and balance» of State’s constitutional powers.2. Opposing the parliamentary immunity and the right of judicial action: the issue of preferential treatment. Concluding: Judicial Review or Political Review? Abstract:This article addresses the existing problems generated by the parliamentary decision in the granting or denial of requests made by the Supreme Court to the Parliament, in order to remove an MP’s parliamentary immunity, so that (s)he can be prosecuted. Such problems are studied both from the perspective of law and of political science. To this end, this paper analyzes and updates the research done to date about the parliamentary praxis on this issue, highlighting the doctrine which emanates from the decisions adopted by the competent parliamentary committees. In order to understand well the interaction between the praxis, politics and law, this paper also examines the most prominent changes and milestones in the evolution of the constitutional case law on the limits of the Parliament’s capacity to grant or to deny the Supreme Court request asking Parliament to remove an MP’s parliamentary immunity so that (s)he can be prosecuted. For this purpose, the paper systematizes the key points of the academic debate concerning the successive decisions of the Constitutional court: the repercussions of this jurisprudence vis-à-vis the constitutional postulates of separation and independence of State powers, the legal criteria that such postulates must inspire and in order to guide the Parliament in its decision to grant or deny the petition, the concretization of the model and the balance needed in cases of collision of two fundamental rights (in this case, articles 23 and 24 of the Spanish Constitution).
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Basa, Michał Wojciech. "Głos w dyskusji o zaniechaniu ścigania jako sposobie reakcji na przestępstwo w prawnie dopuszczalnym procesie karnym." Problemy Prawa Karnego 29, no. 3 (December 26, 2019): 89–109. http://dx.doi.org/10.31261/ppk.2019.03.05.
Повний текст джерелаАнотація:
The subject of considerations is an attempt to describe and assess the institution of cessation of prosecution, resulting from reaching an agreement, as reaction to crime. The effective consensus-driven approach ought to be aimed at combining court instruments and values with the axiological basis of agreement-based litigation (namely, principle of restorative justice), and also with legal measures which allow to mete out a due penal reaction or, frequently, the cessation of prosecution. In case of proceedings regarding misdemeanours, where there is a possibility of eliminating the consequences of the crime solely by compensatory actions within victim-perpetrator relation, the state ought to waive the execution of ius puniendi. What should constitute the limit of waiving the right to punish is a combination of circumstances such as: negligible degree of social harm, reaching a plea agreement that includes the manner of compensation, along with executing thereof. Then, the sufficient reaction to crime is redressing damage or compensation for the harm suffered and the prosecutor’s decision to cease prosecution. The stage of judicial proceeding does not have to and should not be merely a forum for reaching and executing court agreements. The described variant of cessation of the prosecution combines instrumental values, such as the promptness and cost-effectiveness of proceedings with non-instrumental ones, such as due process and implementation of restorative justice. Through only partial waiver of the trial subject implementation, cessation of the proceedings may constitute a compromise between legalistic values and those of judicial opportunism.
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Lapidoth, Ruth. "International Law within the Israel Legal System." Israel Law Review 24, no. 3-4 (1990): 451–84. http://dx.doi.org/10.1017/s0021223700010025.
Повний текст джерелаАнотація:
Since the establishment of the State and up to the present day, Israeli law has had to deal with a great number of various problems in the field of international law, e.g. whether the State of Israel is a successor to the obligations of the Mandatory government; the jurisdiction of the Israeli courts with regard to offences committed in demilitarized zones or beyond the State's boundaries (on the high seas or abroad); the immunity of foreign states and their representatives from the jurisdiction of Israeli courts and from measures of execution; the status of international organizations and of their employees; the effect and implications of official acts performed within the territory of a state which is at war with Israel; the effect of international treaties in Israel; the question whether the Eastern neighbourhoods of Jerusalem are part of Israel; various issues concerning extradition, and of course, many questions regarding the laws of war: the powers of the military governor, and in particular his power to expropriate land in the territories under Israeli control and to expel residents from the territories, the extent of his legislative powers, etc.
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Al-Sadoon, Mohammed A. G., Marcus de Ree, Raed A. Abd-Alhameed, and Peter S. Excell. "Uniform Sampling Methodology to Construct Projection Matrices for Angle-of-Arrival Estimation Applications." Electronics 8, no. 12 (November 21, 2019): 1386. http://dx.doi.org/10.3390/electronics8121386.
Повний текст джерелаАнотація:
This manuscript firstly proposes a reduced size, low-complexity Angle of Arrival (AoA) approach, called Reduced Uniform Projection Matrix (RUPM). The RUPM method applies a Uniform Sampling Matrix (USM) criterion to sample certain columns from the obtained covariance matrix in order to efficiently find the directions of the incident signals on an antenna array. The USM methodology is applied to reduce the dependency between the adjacent sampled columns within a covariance matrix; then, the sampled matrix is used to construct the projection matrix. The size of the obtained projection matrix is reduced to minimise the computational complexity in the searching grid stage. A theoretical analysis is presented to demonstrate that the USM methodology can increase the Degrees of Freedom (DOFs) with the same aperture size and number of sampled columns compared to the classical sampling criterion. Then, a polynomial root is constructed as an alternative efficient computational solution of the UPM method in a one-dimensional (1D) array spectrum peak searching problem. It is found that this distribution increases the number of produced nulls and enhances noise immunity. The advantage of the RUPM method is that it is appropriate to apply for any array configuration while the Root-UPM offers better estimation accuracy with less execution time under a uniform linear array condition. A computer simulation based on various scenarios is performed to demonstrate the theoretical claims. The proposed direction-finding methods are compared with several AoA methods in terms of the required execution time, Signal-to-Noise Ratio (SNR) and different numbers of data measurements. The results verify that the new methods can achieve significantly better performance with reduced computational demands.
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K. R., Raghunandan, Ganesh Aithal, Surendra Shetty, and Bhavya K. "Image encryption scheme in public key cryptography based on cubic pells quadratic case." Indonesian Journal of Electrical Engineering and Computer Science 20, no. 1 (October 1, 2020): 385. http://dx.doi.org/10.11591/ijeecs.v20.i1.pp385-394.
Повний текст джерелаАнотація:
Cryptography systems face new threats with the transformation of time and technology. Each innovation tries to contest challenges posed by the previous system by analyzing approaches that are able to provide impressive outcomes. The prime aim of this work is to urge ways in which the concept of Pell’s equation can be used in Public key Cryptography techniques.The main aim of this approach is secure and can be computed very fast. Using Cubic Pell’s equation defined in Quadratic Case, a secure public key technique for Key generation process is showcased. The paper highlights that a key generation time of proposed scheme using Pell’s Quadratic case equation is fast compared to existing methods.The strength and quality of the proposed method is proved and analyzed by obtaining the results of entropy, differential analysis, correlation analysis and avalanche effect. The superiority of the proposed method over the conventional AES and DES is confirmed by a 50% increase in the execution speed and shows that Standard diviation and Entropy analysis of proposed scheme gives immunity to guess the encryption key and also it is hard to deduce the private key from public key using Diffrential analysis.
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Lutsenko, S. I. "FIDUCIARY GAME RULES AND THE GOVERNANCE NATURE IN THE COMPANY." Strategic decisions and risk management 10, no. 2 (July 30, 2019): 144–55. http://dx.doi.org/10.17747/2618-947x-2019-2-144-155.
Повний текст джерелаАнотація:
The author considers features of relationships between the fiduciary (management, board of director) and shareholders (beneficiaries). The nature of fiduciary relations is connected with «a critical resource» (assets) of the beneficiary. In the company economic interests of various participants (shareholders, management) face. Delegation discretion the shareholder to the management will allow to build together with the shareholder effective economic strategy of the company, under condition of execution of fiduciary duties. The management possesses administrative immunity within the limits of application of the business judgment rule. Actions of the management at transaction fulfilment should have real character, possess economic sense, a rationality and to promote achievement of economic benefit in the form of increase to shareholder value. The special attention is given to the fiduciary nature of interaction. Imposing of fiduciary duties on the management allows the beneficiary to protect the company from destruction of shareholder value. The shareholder should specify such game rules that the management was unable break them or, at least, cost of their infringement would be above reception of personal benefit. Fiduciary principles allow to soften the conflict between management and the shareholder. Besides, the fiduciary mechanism possesses a preventive element, keeping the company from destruction. The given obligation of loyalty protects resources of the shareholder from wrongful acts from the management. Fiduciary principles allow to balance economic interests between a management and shareholders.
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Daskalov, Asen, Patrick S. Mitchell, Andrew Sandstrom, Russell E. Vance, and N. Louise Glass. "Molecular characterization of a fungal gasdermin-like protein." Proceedings of the National Academy of Sciences 117, no. 31 (July 23, 2020): 18600–18607. http://dx.doi.org/10.1073/pnas.2004876117.
Повний текст джерелаАнотація:
Programmed cell death (PCD) in filamentous fungi prevents cytoplasmic mixing following fusion between conspecific genetically distinct individuals (allorecognition) and serves as a defense mechanism against mycoparasitism, genome exploitation, and deleterious cytoplasmic elements (i.e., senescence plasmids). Recently, we identifiedregulatorof cell death-1(rcd-1), a gene controlling PCD in germinated asexual spores in the filamentous fungusNeurospora crassa.rcd-1alleles are highly polymorphic and fall into two haplogroups inN. crassapopulations. Coexpression of alleles from the two haplogroups,rcd-1–1andrcd-1–2, is necessary and sufficient to trigger a cell death reaction. Here, we investigated the molecular bases ofrcd-1-dependent cell death. Based on in silico analyses, we found that RCD-1 is a remote homolog of the N-terminal pore-forming domain of gasdermin, the executioner protein of a highly inflammatory cell death reaction termed pyroptosis, which plays a key role in mammalian innate immunity. We show that RCD-1 localizes to the cell periphery and that cellular localization of RCD-1 was correlated with conserved positively charged residues on predicted amphipathic α-helices, as shown for murine gasdermin-D. Similar to gasdermin, RCD-1 binds acidic phospholipids in vitro, notably, cardiolipin and phosphatidylserine, and interacts with liposomes containing such lipids. The RCD-1 incompatibility system was reconstituted in human 293T cells, where coexpression of incompatiblercd-1–1/rcd-1–2alleles triggered pyroptotic-like cell death. Oligomers of RCD-1 were associated with the cell death reaction, further supporting the evolutionary relationship between gasdermin andrcd-1. This report documents an ancient transkingdom relationship of cell death execution modules involved in organismal defense.
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Vysochanskiy, Mikhail. "Improvement of pre-trial investigation as a factor of influencing on the ensuring of the economic security of Ukraine." Public administration aspects 8, no. 2 (July 8, 2020): 27–33. http://dx.doi.org/10.15421/152016.
Повний текст джерелаАнотація:
The article considers the pre-trial investigation in the context of an integral part of the foundation of economic security of Ukraine.The main problems of the pre-trial investigation in the criminal process of Ukraine identified: poor-quality regulatory support; insufficient material and technical support of pre-trial investigation bodies; redundancy in the use of the institution of immunity by judges and deputies of Ukraine; overload of investigators.Economic security in the article refers to the state of security of the national economy from threats, in which it is able to ensure the development of society, its economic and socio-political stability.Pre-trial investigation is defined as the stage of criminal proceedings carried out with observance of human rights and freedoms, starts from the moment the information is entered into the Unified Register of Pre-trial Investigations and ends with either the closure of the criminal proceedings or the submission of one of the following criminal procedure documents to the court, namely: the indictment ; petitions for the application of coercive measures of a medical or educational nature; applications for exemption from criminal liability. The importance of pre-trial investigation is noted, since it is during this stage that the bulk of the evidence is collected.It was determined to be rational to use electronic document management systems with the use of electronic signatures in order to simplify the interaction between law enforcement agencies, the prosecutor's office and the court in conducting pre-trial investigation. In order to improve and partially solve the problems of the pre-trial investigation, it was proposed to create such an electronic document management system that would ensure formal correspondence with the help of technical means, coordination of the investigator's applications, receipt of court orders for execution, etc.
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Griffioen, Marieke, M. Willy Honders, Edith D. van der Meijden, Roelof Willemze, and J. H. Frederik Falkenburg. "Detailed Analysis of CD8+ T Cell Immunity and Identification of a Novel Minor Histocompatibility Antigen Contributing to Graft-Versus- Leukemia Reactivity." Blood 112, no. 11 (November 16, 2008): 3250. http://dx.doi.org/10.1182/blood.v112.11.3250.3250.
Повний текст джерелаАнотація:
Abstract Donor lymphocyte infusion (DLI) can be an effective cellular immunotherapy for patients with hematological malignancies after HLA-matched allogeneic stem cell transplantation (alloSCT). The effect of DLI is mediated by donor derived T cells recognizing minor histocompatibility antigens (mHags) on malignant cells of the recipient. These donor originated T cells may also induce Graft-versus-Host Disease (GvHD) when directed against mHags with broad expression on non-malignant tissues of the patient. In this study, we performed a detailed analysis and characterization of mHags recognized by CD8+ T cells contributing to Graft-versus-Leukemia (GvL) reactivity in a patient treated with DLI for relapsed chronic myeloid leukemia (CML) more than one year after HLA-matched alloSCT. The GvL effect in this patient was accompanied with only mild GvHD of the skin. To investigate the specificity of the CD8+ T cell response induced in this patient, activated (HLA-DR+) CD8+ T cells were single cell sorted from a bone marrow sample obtained five weeks after DLI by flowcytometry. A number of isolated CD8+ T cell clones were shown to be specific for mHags, as determined by differential recognition of patient and donor EBV-transformed B cells (EBV-LCL) in IFN-g ELISA and 51Crrelease assays. By screening a panel of third party EBV-LCL sharing one or more HLA class I restriction molecules with the patient, CD8+ T cell clones directed against 7 different mHags were identified, including the known hematopoiesis restricted mHags HA-1 and HA-2, which are presented in HLA-A*0201. Of the 5 remaining specificities, 4 mHags were presented in HLA-B*4001 (B60) and one mHag in HLA-B*0801. To determine the tissue distribution patterns in more detail, we tested recognition of selected non-malignant hematopoietic cells (monocytes, B cells, T cells), malignant CD34+ CML precursor cells, and skin-derived fibroblasts. One HLA-B*4001-restricted T cell clone (clone ZRZ16) failed to recognize all primary hematopoietic cells and skin fibroblasts. The four remaining T cell clones were all capable of recognizing and lysing (specific subsets of) non-malignant hematopoietic cells and malignant CD34+ CML precursor cells. Fibroblast recognition could be demonstrated for two of these four T cell clones. Since clone ZRZ16 failed to recognize all hematopoietic and non-hematopoietic cells, except for EBV-LCL, we tested whether this clone selectively recognizes antigen presenting cells (APC), which are known to be required for efficient induction of immune responses in vivo. Clone ZRZ16 showed indeed strong recognition of monocyte-derived dendritic cells as well as in vitro differentiated CD34+ CML cells with APC phenotype. To identify the mHag recognized by the CD8+ T cell clone, we screened a cDNA expression library constructed from EBV-LCL from the patient. One single cDNA was isolated as the target for B*4001 restricted CD8+ T cell clone ZRZ16. The epitope recognized by this clone was derived from the 3’ untranslated region (UTR) of a cDNA encoding thyroid hormone receptor interactor 10 (TRIP10). The peptide epitope was translated in a reading frame different from the TRIP10 protein and comprises three single nucleotide polymorphisms, which were all different between patient and donor. Two of the three SNPs were shown to be important for recognition by clone ZRZ16. Despite ubiquitous tissue expression of the TRIP10 gene as determined by public microarray analysis, CD8+ T cells specific for the newly-identified LB-TRIP10-1EPC mHag selectively recognized APC and failed to recognize CD34+ CML precursor cells, suggesting a predominant role in the initiation, but not effector, phase of the anti-tumor response. In conclusion, our data show a detailed analysis of mHag specific CD8+ T cell immunity induced in a patient successfully treated with DLI for relapsed CML and provide evidence for differential involvement of HLA class I restricted mHags in the onset and execution of GvL reactivity.
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Garant, Patrice, and Gilles Leclerc. "La qualité d'agent de la Couronne ou de mandataire du gouvernement." Les Cahiers de droit 20, no. 3 (April 12, 2005): 485–524. http://dx.doi.org/10.7202/042326ar.
Повний текст джерелаАнотація:
In the absence of clear legislative intent as to the status of a corporation or public body as a Crown agent or Government mandatary, the courts apply one or both of two tests. The function test, based on the concept of public purpose, requires that the court decides what kind of activities can be held as functions of Government. The test is therefore subjective and not particularly satisfactory, bearing in mind that it is not for the courts to impose upon the Legislature any political doctrine as to what are the proper functions of Government. The control test requires that the whole statutory framework be examined in order to determine whether or not the corporation or public body has discretionary powers of its own, exerciseable with some degree of independence from the Cabinet. Corporate status, financial autonomy, independence of the managers and control of the corporation's or public body's activities are components of the test. Any one factor will not be determinative in itself. But when several point the same way, the courts will tend to follow their lead. Yet, this test has failed to produce completely consistent results. The practical end of the exercise is to determine whether such public bodies or corporations are entitled, as Crown agents, to some or all of the privileges, immunities and prerogative powers enjoyed by the Crown. Some of these attributes are examined in this paper, such as the Crown's immunity from civil and criminal liability, statute law, taxation, and civil execution. Bankruptcy of public corporations is also considered. The authors suggest that the courts should no longer be left to apply these tests, since that may often frustrate the intent of the Legislature not to confer the attributes of a Crown agent. The Interpretation Act could be amended to make it clear that such status can only be conferred by an express enactment. Further, the Legislature should, when conferring such status, specify which attributes are meant to vest in the Crown agent.
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Yudachev, S. S., S. S. Sitnikov, P. A. Monakhov, and N. A. Gordienko. "Programming of control devices in C++." Glavnyj mekhanik (Chief Mechanic), no. 2 (January 18, 2022): 142–59. http://dx.doi.org/10.33920/pro-2-2202-06.
Повний текст джерелаАнотація:
Accidents on oil and gas pipelines, accompanied by fluid leakage, cause economic and environmental damage. The task of the chief mechanics is to prevent accidents and monitor the operation of the equipment. A prerequisite for the timely accidents control in the oil and gas industry and the elimination of their consequences is the prompt determination of the location of leaks and tie-ins. To solve this problem, a large number of methods that differ in sensitivity, external immunity, speed and accuracy of determining the coordinates of leak sites and tie-ins have been developed and applied. Frequency characteristics are used to solve a number of typical problems of research and processing of equipment failure signals. A variant of the implementation of the fast Fourier transform in the C++ programming language and the coding language of the Verilog programmable logic integrated circuit is proposed. When performing the work, Visual Studio software from Microsoft and Quartus from Intel (Altera) are used. A comparison of the results of processing several signals in the above programs is presented. When implemented in a programmable logic integrated circuit, the work is performed at the model level using the built-in intellectual property core (IP function), while in C++ the algorithm is implemented manually, which increases the accuracy of its execution. The practical significance of the work is the study and solution of the simplest tasks in the development of modern electronic devices, including for monitoring the operation of equipment in the oil and gas industry of rapid response, in the Verilog hardware description language and comparison with an alternative model in the programming language. Excerpts of the codes of both programs are presented. The FFT is illustrated (step by step), as well as the signals before and after processing are presented. This work can be used to teach students of higher educational institutions in the field of development, debugging and coding of electronic and radio-electronic devices, as well as in the creation and design of real devices in production. Familiarization and study of this programming language are conducted within the walls of one of the leading engineering universities of the Russian Federation, the Bauman Moscow State Technical University.