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Journal articles on the topic 'Declaration of claim'

Author: Grafiati

Published: 8 June 2024

Last updated: 31 July 2025

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1

Rueda García, José Ángel. "The EU Declaration on the legal consequences of the Komstroy judgment on intra-EU arbitration under the Energy Charter Treaty." CUADERNOS DE DERECHO TRANSNACIONAL 17, no. 1 (2025): 1334–48. https://doi.org/10.20318/cdt.2025.9376.

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The EU, EURATOM and their Member States issued a Declaration in June 2024 following the CJEU’s Komstroy judgment with a view to neutralizing the use of the Energy Charter Treaty by investors of Member States of the EU to claim in arbitration proceedings against another Member State. The Declaration tackles not only the commencement of new cases but also pending claims in which the tribunal may still have to decide on its jurisdiction or in which a court may be seized to enforce an intra-EU award. The failure of previous declarations and the subsequent adoption of an amendment to the ECT and an

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2

Pinto, M. Christopher W. "The Philippine Claim Against China." Korean Journal of International and Comparative Law 4, no. 2 (2016): 151–57. http://dx.doi.org/10.1163/22134484-00402002.

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China was excluded by its Declaration of 2006 from application of unclos compulsory procedures in “all categories of disputes referred to in paragraph 1(a), (b), and (c) of Article 298,” notably “any dispute that necessarily involves the concurrent consideration of any unsettled dispute concerning sovereignty or other rights over continental or insular land territory.” The implications of sovereignty over land territory considered in relation to maritime rights make it extremely difficult to make distinctions isolating the latter from the parent concept of “sovereignty.” The Tribunal, when ass

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Płaziuk, Jakub. "Charakter prawny procesowego i pozaprocesowego oświadczenia woli o potrąceniu w kontekście zarzutu potrącenia zawartego w art. 203 1 k.p.c." Zeszyty Naukowe Uniwersytetu Rzeszowskiego. Seria Prawnicza. Prawo 29 (2020): 213–34. http://dx.doi.org/10.15584/znurprawo.2020.29.14.

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When two persons are debtors and creditors to each other, each of them may submit a declaration of intent to the other party about deduction. A declaration of will to deduct may be submitted before the commencement of court proceedings, during it or after its termination. A declaration of intent by one of the parties must be introduced to the proceeding in the form of an offsetting claim. Therefore, the important question arises whether the declaration of will on deduction made before or after the initiation of the proceedings, but also outside of it, must also be introduced to the proceeding

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Perry, Michael J. "FREEDOM OF CONSCIENCE AS RELIGIOUS AND MORAL FREEDOM." Journal of Law and Religion 29, no. 1 (2014): 124–41. http://dx.doi.org/10.1017/jlr.2013.1.

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AbstractIn another essay being published contemporaneously with this one, I have explained that as the concept “human right” is understood both in the Universal Declaration of Human Rights and in all the various international human rights treaties that have followed in the Universal Declaration's wake, a right is a human right if the rationale for establishing and protecting the right—for example, as a treaty-based right—is, in part, that conduct that violates the right violates the imperative, articulated in Article 1 of the Universal Declaration, to “act towards all human beings in a spirit

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5

Han, Choong-Soo. "The Study on the New Style of Declaration Claim." Yonsei Law Review 30, no. 3 (2020): 1–32. http://dx.doi.org/10.21717/ylr.30.3.1.

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Hanif, Najwa Silmisya. "PERAN DAN RESPON INDONESIA DALAM PENYELESAIAN SENGKETA LAUT CHINA SELATAN YANG BERDAMPAK PADA KLAIM NATUNA." Jurnal Res Justitia: Jurnal Ilmu Hukum 5, no. 1 (2025): 283–91. https://doi.org/10.46306/rj.v5i1.225.

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The South China Sea is a vital strategic waterway in the Asia Pacific region, rich in economic and political significance. While Indonesia does not directly claim territories in the South China Sea, China’s Nine-Dash Line declaration poses a direct threat to Indonesia’s sovereignty over the Natuna Islands. This is due to China's expansive territorial claims, which encroach upon Indonesia's continental shelf and Exclusive Economic Zone and directly challenge Indonesia's maritime rights as defined by the UNCLOS 1982. The research aims to examine Indonesia's response to China's aggressive actions

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7

Vidmar, Jure. "Catalonia and the Law of Statehood." German Yearbook of International Law 63, no. 1 (2022): 277–304. http://dx.doi.org/10.3790/gyil.63.1.277.

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In 2017, a group of Catalonia’s politicians issued a declaration of independence. This article considers the international legal framework applicable to Catalonia’s secession claim and assesses the legal consequences of the declaration of independence. This article demonstrates that the declaration of independence does not have any legal effects and has remained a political declaration under domestic and international law. For Catalonia, this means that precisely nothing has changed in law. Catalonia continues to be an integral part of Spain. While Spain is under no legal obligation to accept

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Rossi, Carla, and Francesca Rivetti. "Assessing Young Consumers’ Responses to Sustainable Labels: Insights from a Factorial Experiment in Italy." Sustainability 12, no. 23 (2020): 10115. http://dx.doi.org/10.3390/su122310115.

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This study provides insights into young consumers’ responses to sustainable labels. Drawing on signaling theory, the article studies how third-party labels (TPLs) act and interact with company-level claims, trying to better understand their impact on young consumers’ perceptions and willingness to buy (pay for) a chocolate bar. A between-subjects factorial experiment—conducted by manipulating third-party sustainable labels (presence/absence of the labels) and self-declared claims (absence of the claim, formal claim, and friendly claim)—was used to test: (a) the effect of TPLs and self-declared

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McGrady, Benn. "Philip Morris v. Uruguay: The Punta del Este Declaration on the Implementation of the WHO Framework Convention on Tobacco Control." European Journal of Risk Regulation 2, no. 2 (2011): 254–60. http://dx.doi.org/10.1017/s1867299x00001215.

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In November 2010, 171 Parties to the WHO Framework Convention on Tobacco Control (WHO FCTC) unanimously adopted the Punta del Este Declaration on implementation of the Convention. The Declaration follows the filing of an international investment claim against Uruguay by Philip Morris Products (Switzerland) and related companies. The Declaration reaffirms the commitment of the 171 WHO FCTC Parties to implementation of the Convention and addresses the relationship between the WHO FCTC and international trade and investment agreements, particularly in the context of intellectual property rights.

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10

De Vries, Gerard, Xabier Basozábal, Marc Billiau, G. Orfanidis, and Mineke De Theije. "BGH, 17.7.2003 - Set-off against a claim that had been awarded by an enforceable decision before the proceedings of the principal claim commenced." European Review of Private Law 13, Issue 1 (2005): 39–65. http://dx.doi.org/10.54648/erpl2005003.

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This decision by the Bundesgerichtshof (German Supreme Court) was based on the following facts. The claimant sought to obtain from the first defendant the sum of ?3,916.32, being the remainder of a tax consultation fee. She initiated the action by a writ of summons dated 29 December 2000. During the court proceedings, the first defendant submitted that a claim for ?1,632.72, which had been awarded to him by an enforceable decision of the Amtsgericht (District Court) of Landshut dated March 2001, should be set off against the principal sum claimed. Thereupon the claimant unilaterally declared t

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11

Park, Hyun Ah. "Review on the Korean Supreme Court Case on Legal Interest for Confirmation in a Lawsuit for Negative Confirmation Brought by an Insurance Company: Korean Supreme Court Case No. 2018Da257958･257965 rendered on 7 June 2021." Korean Insurance Law Association 16, no. 2 (2022): 189–235. http://dx.doi.org/10.36248/kdps.2022.16.2.189.

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In case where there is a dispute between an insurance company and an insured as to whether an insurance company should pay insurance proceeds and/or as to how much insurance proceeds should be, a lawsuit for negative confirmation, claiming for a judgment to declare that the insurance company should not be held liable to pay any insurance proceeds, is the only possible form of a lawsuit that an insurance company can bring preemptively before a court. A plaintiff who wishes to bring such negative confirmation/declaration claim should have legal interest for such confirmation as it is legal requi

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12

Wilson, Tamfuh Y. N. "The United Nations Declaration of Human Rights 1948: Successes and Challenges." African Journal of International and Comparative Law 30, no. 4 (2022): 599–618. http://dx.doi.org/10.3366/ajicl.2022.0427.

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This article looks into the successes and challenges of the United Nations Declaration of Human Rights (the Declaration) 1948. Too often the approach of its failures has been explored over the years, but the author believes it is a herculean task to maintain and promote world peace and universal human welfare, so those steps taken in obedience and application of the Declaration need to be unravelled and appreciated. The unity and coexistence among states, the creation of subsidiary organs, the installation of good governance in many countries, the internationalisation of constitutions and unif

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PINTO, M. C. W. "Arbitration of the Philippine Claim Against China." Asian Journal of International Law 8, no. 1 (2018): 1–11. http://dx.doi.org/10.1017/s2044251317000169.

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AbstractThis paper discusses the Tribunal’s decision to assume jurisdiction over the Philippine claim notwithstanding China’s publicly declared and law-based withholding of consent to the proceedings instituted by the Philippines. The Tribunal relied on its interpretation of China’s general commitment under Section 2 of Part XV (Settlement of Disputes) of the UN Convention on the Law of the Sea,1 which was subjected to a Convention-authorized “exception” under Article 298 (China’s Declaration of 25 August 2006) that had selectively deprived any such proceeding of the essential element of China

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Smith, Brian G. "Myths and the American Nation: Jefferson’s Declaration and the development of American nationalism." Review of Nationalities 8, no. 1 (2018): 7–20. http://dx.doi.org/10.2478/pn-2018-0001.

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Abstract The USA as a multinational country of immigrants is nevertheless a fertile ground for competing nationalist ideologies and the consequently competing myth-building that surrounds the construction of national identity. The myth of the 1776 Declaration of Independence as an important founding document for domestic politics in the United States continues to spread through popular culture and academic textbooks. The claim of the Jefferson’s Declaration as an aspirational founding document helped establish a myth supporting creedal nationalism, but obscures the arc of the ideological debat

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Gamboa-Gamboa, Tatiana, Adriana Blanco-Metzler, Stefanie Vandevijvere, Manuel Ramirez-Zea, and Maria F. Kroker-Lobos. "Nutritional Content According to the Presence of Front of Package Marketing Strategies: The Case of Ultra-Processed Snack Food Products Purchased in Costa Rica." Nutrients 11, no. 11 (2019): 2738. http://dx.doi.org/10.3390/nu11112738.

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The industry uses nutrition and health claims, premium offers, and promotional characters as marketing strategies (MS). The inclusion of these MS on ultra-processed products may influence child and adolescent purchase behavior. This study determined the proportion of foods carrying claims and marketing strategies, also the proportion of products with critical nutrients declaration, and nutritional profile differences between products that carry or not claims and MS on the front-of-package (FoP) of ultra-processed food products sold in Costa Rica. Data were obtained from 2423 photographs of sev

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Angelino, Donato, Alice Rosi, Emilia Ruggiero, et al. "Analysis of Food Labels to Evaluate the Nutritional Quality of Bread Products and Substitutes Sold in Italy: Results from the Food Labelling of Italian Products (FLIP) Study." Foods 9, no. 12 (2020): 1905. http://dx.doi.org/10.3390/foods9121905.

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Bread is one of the most common staple foods, despite the increasing consumption of the so-called “bread substitutes”. The aim of the present work is to survey the nutritional quality intended as a nutrition declaration of 339 pre-packed bread products and 1020 bread substitutes sold in the major retailers present on the Italian market. Comparisons of energy, macronutrient, and salt content within product types, and between regular and gluten-free (GF) products and products with or without nutrition claim (NC) and health claim (HC) declarations, were performed. A high inter-product variability

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Barbu, Florin Octavian, and Claudiu Gabriel Neacșu. "Some Ethical Landmarks Regarding the Settlement of the Civil Action by the Prosecutor." Journal for Ethics in Social Studies 4, no. 1 (2020): 44–52. http://dx.doi.org/10.18662/jess/4.1/27.

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Article 20 para. 2 thesis 11 of the Criminal Procedure Code provides that, in addition to specifying the nature and amount of the claims, the declaration of civil party must contain the applicable reasons and evidence. This provision must be regarded in conjunction with art. 20 para. 1 thesis I I of the Criminal Procedure Code, as regards the final moment until the party must fulfill the essential conditions iprovided by law, which are absolutely necessary for a valid legal claim. In addition, the obligations of the civil party regarding the conditions for filing the declaration of civil party

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18

Storme, Matthias E. "Hof van Cassatie van België / Cour de Cassation de Belgique, 14-5-1999: When Does a Freezing Order Become Effective Against the Debtor of the Receivables? Introduction from Belgium." European Review of Private Law 10, Issue 1 (2002): 133–56. http://dx.doi.org/10.54648/399196.

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When a debtor is notified by a bailiff that his creditors' claim is seized, Belgian law imposes several obligations on that debtor. From the time at which the act of seizure was received, the debtor of the seized claim cannot deliver or pay any longer or can be declared debtor of the seizing party himself (art. 1451 Belgian Judiciary Code). Further, he is obliged to make, within 15 days, a declaration specifying the seized sums or goods (art. 1452 Belgian Judiciary Code). These different effects do not necessarily come into force at the same moment. Although the period of 15 days for the oblig

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Schuftan, Claudio. "Nurses, Public Health, and Human Rights: Their Role as Claim Holders, Duty Bearers, and Promoters of Social Change." Creative Nursing 27, no. 3 (2021): 163–66. http://dx.doi.org/10.1891/crnr-d-21-00012.

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As Duty Bearers, nurses are prime guardians, not only of the right to life (as stated in Article 3 of the United Nations Universal Declaration of Human Rights: “Everyone has the human right to life, liberty, and security”) but also the rights of women, the rights of children, and the rights of people in minority groups, among others. As Claim Holders, nurses have substantial claims towards labor rights, economic rights, maternity rights, and social protection rights, among others. This article presents systematic information about social determinants of health and explores nurses' inherent obl

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20

Panasyuk, Sergiy. "The Right to Life of the Unborn in the Universal Declaration of Human Rights: Through the Prism of the Drafting Process." AUC IURIDICA 70, no. 3 (2024): 113–26. http://dx.doi.org/10.14712/23366478.2024.140.

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After the 75th anniversary of adopting the Universal Declaration of Human Rights, we can state that some of its provisions still cause discussions about a basic and inherent right – the right to life. Getting a new “breath” after the Roe v. Wade case’s overturning, the battle between women’s abortion rights supporters and the protectors of the right to life for the unborn seems to get a new round. Worldwide experts in different fields start to find new arguments or remember the old ones to have solid proof in the discussions. It is too hard to find a more fundamental international document in

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21

Heifetz, Aviad. "FROM INNATE MORALITY TOWARDS A NEW POLITICAL ETHOS." Ethics, Politics & Society 4 (August 6, 2021): 175–88. http://dx.doi.org/10.21814/eps.4.1.195.

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In 1943, Simone Weil proposed to supersede the declaration of human rights with a declaration of obligations towards every human being's balancing pairs of body and soul's needs, for engaging and inspiring more effectively against autocratic and populist currents in times of crisis. We claim that Weil's proposal, which remains pertinent today, may have been sidestepped because her notion of needs lacked a fundamental dimension of relationality, prominent in the 'philosophical anthropology' underlying the (different) visions for a new political ethos of both Judith Butler and Carol Gilligan. Fr

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Sultana, Summer, Sabir Ijaz, and Mubasshar Hassan Jafri. "UNIVERSAL HUMAN RIGHTS DECLARATION: RIGHT TO RETURN OF PALESTINIAN REFUGEES." Journal of Social Sciences and Humanities 58, no. 2 (2019): 71–86. http://dx.doi.org/10.46568/jssh.v58i2.7.

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For over last 70 years, the concept of "return" attained primary focus for the national narrative of Palestinian struggle against devastating conditions, categorized as (i) eviction from ancestral homeland, (ii) diffusion in all aspects and (iii) reconstitution of national unity. However, the very idea create fears among Israelis regarding their authority of whole Zionist enterprise, as well as demographic stability of Arab-Jewish ventures, with regards to the return of large number of Palestinians to their own places or any other part in Palestine. Discrimination in opposition to Palestinians

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23

Wu, Tang Hang. "Confidence and the constructive trust." Legal Studies 23, no. 1 (2003): 135–52. http://dx.doi.org/10.1111/j.1748-121x.2003.tb00208.x.

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Almost every leading work on the law of confidence mentions the possibility of a declaration of a constructive trust as a remedy for a claim involving an abuse of confidence. Apart from the Canadian Supreme Court, no other appellate court in the Commonwealth has seriously debated this issue. This paper investigates the legitimacy of the use of the constructive trust in this context.

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Varlamova, N. V. "The Islamic Concept of Human Rights: An Attempt to Combine Sharia with Universal Standards." Courier of Kutafin Moscow State Law University (MSAL)) 1, no. 11 (2025): 172–81. https://doi.org/10.17803/2311-5998.2024.123.11.172-181.

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The Islamic concept of human rights is a peculiar response to their secular interpretations, primarily expressed in international legal documents, and is designed to justify the admissibility of human rights, to a greater or lesser extent, based on the requirements of the Sharia. These ideas are clearly expressed in Islamic declarations of human rights. Although Islamic jurists claim that they merely supplement the Universal Declaration of Human Rights, taking into account the religious and cultural specifics of Muslim countries, the coincidence of the wording of the rights proclaimed should n

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Novotný, Vojtěch. "God’s Providence and the Plurality of Religions." AUC THEOLOGICA 11, no. 1 (2021): 39–59. http://dx.doi.org/10.14712/23363398.2021.3.

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The ‘Document on Human Fraternity for World Peace and Living Together’, co-signed on 4 February 2019 by Pope Francis and the Grand Imam of Al Azhar, Ahmad Al-Tayeb, states: ‘The pluralism and the diversity of religions, colour, sex, race and language are willed by God in His wisdom, through which He created human beings.’ The article presents the starting points of correct hermeneutics of this statement. It points out that it is a positive reformulation of the anti-discrimination human rights declarations, which list the criteria according to which people cannot be discriminated. It shows the

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Bradmetz, Joël, and Claire Bonnefoy-Claudet. "Do young children acquire the meaning of to know and to believe simultaneously or not?" International Journal of Behavioral Development 27, no. 2 (2003): 109–15. http://dx.doi.org/10.1080/01650250244000065.

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The conceptual meaning and linguistic use of to know are usually considered to occur earlier than those of to believe. However, the data supporting this claim do not take into account some sources of variation: The difference in the assessment between comprehension and production and the link established between action and representation in standard tasks like that of Wimmer and Perner(1983). The authors counter this claim and attempt to demonstrate a developmental parallelism between the two epistemic operators to know and to believe. This parallelism would be due to the absence of a link bet

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Claydon, Tony. "William III's Declaration of Reasons and the Glorious Revolution." Historical Journal 39, no. 1 (1996): 87–108. http://dx.doi.org/10.1017/s0018246x00020689.

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ABSTRACTThe paper considers reactions to William III's Declaration of reasons, the manifesto issued by the prince of Orange on the eve of his invasion of England in 1688. It questions recent historiography, which has argued for the importance of this document in William's success by claiming that it achieved a virtual hegemony of English political discourse in the period of the Glorious Revolution. The paper first shows that James II's supporters mounted an effective challenge to the Orange Declaration by reversing its claim that liberties were in danger under the existing regime. It then sugg

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MRDULJAŠ, Saša. "ON THE (IN)ABILITY TO DECLARE SERBIAN NATIONALITY ON CENSUSES IN MONTENEGRO DURING SOCIALIST YUGOSLAVIA." Lingua Montenegrina 31, no. 1 (2023): 293–325. https://doi.org/10.46584/lm.v31i1.985.

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During socialist Yugoslavia (1945–1991), the vast majority of the (traditionally) Orthodox population in Montenegro identified themselves as Montenegrins in the population censuses in 1948, 1953, 1961, 1971, 1981, 1991. However, after the breakup of Yugoslavia in the conditions of impending dissolution of the state union of Serbia and Montenegro, almost a third of the Montenegrin population identified themselves as Serbs in the 2003 census. To a somewhat lesser extent, this type of declaration reoccurred in independent Montenegro during the 2011 census. The mass “outflow” of former national Mo

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Stewart, Donald E. "Human Rights Issues and Health Practices." Asia Pacific Journal of Public Health 10, no. 2 (1998): 94–99. http://dx.doi.org/10.1177/101053959801000207.

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On the occasion of the 50th anniversary of the Universal Declaration of Human Rights and in the context of current adverse economic circumstance in the Asia-Pacific region, it is apparent that we still have a long way to go before we can claim adequate promotion and protection of fundamental freedoms, human rights and health rights. New approaches to public health and a social, or population definition of health requires an active engagement with human rights and a recognition of the ethical domain. Such an engagement is assisted by the articulation of some of the fundamental principles underl

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Rocha, Luana Franco, and Debora Amaral Costa. "Migration in the Context of a Multination State: Language Policies, Division and Intolerance in South Tyrol." Gragoatá 26, no. 54 (2021): 326–54. http://dx.doi.org/10.22409/gragoata.v26i54.46918.

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The aim of this contribution is to situate South Tyrol among other multination states as Flanders, Québec and Catalonia, as an attempt to broad the models of multi-level governance especially in what regards the accommodation of migrants. Furthermore, this paper shows how language policies affects migrants settled in this Italian multinational context, presenting data collected in semi-structured interviews that shows the perspective of migrants towards the policy of declaration of linguistic affiliation or aggregation and division in society. The topics of racism and xenophobia were also rais

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Lee, Choong-Hoon. "Effect of transfer of receivables with special agreement for prohibition of transfer." Kyung Hee Law Journal 58, no. 1 (2023): 245–76. http://dx.doi.org/10.15539/khlj.58.1.6.

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Subsection 449(2) of the Civil Act provides that “Where the parties have declared a contrary intention, a claim shall not be assigned: Provided, That such declaration of intention, cannot be set up against a third person acting in good faith” Regarding the interpretation of this subsection, the existing majority theory and precedents interpret that if there is a special agreement on prohibition of transfer, the transferability of the claim is lost and the transfer of the claim does not occur, but in order to protect the safety of the transaction, the invalidity cannot be claimed against a bona

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Belleza, Jose Isidro. "The Permanent Diaconate: An Unfulfilled Tridentine Reform? Reassessing a Magisterial Historical Claim." Antiphon: A Journal for Liturgical Renewal 28, no. 2 (2024): 174–204. http://dx.doi.org/10.1353/atp.2024.a934121.

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ABSTRACT: The 1998 Joint Declaration and Introduction on the Permanent Diaconate has propagated the thesis that a restored permanent diaconate was mandated by the Council of Trent but never carried out until after the Second Vatican Council. The present essay examines that historical claim and concludes to the contrary. Through a close reading of the redaction history of the Tridentine text concerned, an overview of relevant debates at Vatican II (including the antepreparatory period), and a survey of magisterial pronouncements from the pontificates of Paul VI and John Paul II, this paper demo

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Permatasari, Rr Yudiswara Ayu, Nadia Elasalama, and Fitri Alfariz. "Self- Declaration: Justifikasi Dusun Nogosari atas Diri sebagai Desa Pancasila." Journal of Civic Education 7, no. 3 (2024): 124–33. https://doi.org/10.24036/jce.v7i3.1119.

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This research provides philosophical arguments through logical and axiological analysis of the validity of the Nogosari Village that claim as Pancasila Village and provides an evaluation of the Desa Pancasila concept offered by the Government. This concept given by Agency for the Development of Pancasila Ideology (BPIP) and the Ministry of Villages, Underdeveloped Regions and Transmigration (Kemendes PDTT). The research method uses philosophical research on actual problems by collecting data using observation and interviews with residents of Nogosari Village in Bantul. This reseacrh were carri

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Rayfuse, Rosemary. "Warm Waters and Cold Shoulders: Jostling for Jurisdiction in Polar Oceans." Yearbook of Polar Law Online 1, no. 1 (2009): 465–76. http://dx.doi.org/10.1163/22116427-91000023.

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Abstract In May 2008 the five Arctic coastal states adopted the Ilullisat Declaration in which they asserted their role as stewards, for the international community, of the Arctic Ocean ecosystem. This paper discusses the legal basis for their claim to stewardship with particular reference to the high seas portion of the central Arctic Ocean, and their assertion that no need exists for a new comprehensive legal regime in respect of those high seas waters. It is argued that while the high seas regime of the Arctic may be extensive, it is not comprehensive. Thus, the legitimacy of the claim to s

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Białecki, Marcin. "Zakaz wyrokowania ponad żądanie – uwagi do wyroku Sądu Najwyższego – Izba Cywilna z 23.11.2018 r., II CNP 54/17." Prawo w Działaniu 48 (2021): 250–60. http://dx.doi.org/10.32041/pwd.4810.

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The purpose of this study is to discuss the issue of the prohibition of courts awarding beyond the pursued claim in the context of adjudicating on the manner of making a performance sought from several persons and the issue of the binding nature of the pursued claim from the perspective of judgment of the Supreme Court – Civil Chamber of 23 November 2018, issued in case II CNP 54/17, which involved examination of an appeal whereby the appellant sought declaration of a final judgment illegal. The research methodology applied here boils down to a dogmatic and juridical analysis of the cited judg

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Taqwa, Muhamad Dzadit, and Nayla Amalia Al Bone. "Reevaluating the Necessity of a State of Emergency: Lessons from the Covid-19 Pandemic." Pancasila and Law Review 5, no. 2 (2025): 85–108. https://doi.org/10.25041/plr.v5i2.4033.

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Jimly Asshiddiqie argued that Indonesia should have declared a state of emergency during COVID-19 to ensure effective governance, asserting that, without it, the government lacked legitimacy to implement restrictive policies. This paper critically examines this claim through a doctrinal and regulatory policy analysis, assessing the necessity of an emergency declaration in managing the pandemic. The research evaluates regulatory effectiveness, legal implications, constitutional rights restrictions, and governmental legitimacy. While a state of emergency could enhance policy enforcement, the gov

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Bzdyrak, Grzegorz. "ANNULMENT OF MARRIAGE IN POLISH LAW AND DECLARATION OF NULLITY OF MARRIAGE IN CANON LAW – A COMPARATIVE STUDY." Review of European and Comparative Law 2627, no. 34 (2016): 65–87. http://dx.doi.org/10.31743/recl.4979.

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Annulment and nullity of marriage are two institutions that function in two separate and independent legal systems. Despite some similarities, they cannot be used interchangeably. The differences between the annulment and declaring nullityof marriage follow mainly from the fact that the canonical marriage between baptized persons is a sacrament, a lifelong and indissoluble bond. For this reason, once validly contracted, it cannot be annulled or dissolved by divorce, but only bythe death of a spouse or a dispensation from an unconsummated marriage and the privilege of faith. In the case when ma

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Muharremi, Robert. "Conflicting Rules of Recognition: UN Security Council Resolution 1244 or the Constitution of the Republic of Kosovo." German Law Journal 15, no. 4 (2014): 719–33. http://dx.doi.org/10.1017/s207183220001909x.

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Kosovo's declaration of independence in 2008 and the United Nation's claim that UN Security Council Resolution 1244 (1999) (“Resolution 1244”) remains in effect have resulted in the unique case of two competing legal systems, both of which claim legitimacy and supremacy in Kosovo. While Kosovar authorities claim to exercise exclusive and sovereign authority over Kosovo based on the Constitution of the Republic of Kosovo, the UN, acting through the United Nations Interim Administration Mission in Kosovo (“UNMIK”), maintains that Resolution 1244 vests administrative authority over Kosovo in the

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O'Sullivan, Maria. "‘Past’ Violations under International Human Rights Law: The Indigenous ‘Stolen Generation’ in Australia." Netherlands Quarterly of Human Rights 23, no. 2 (2005): 243–72. http://dx.doi.org/10.1177/016934410502300204.

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This article examines the debate relating to reparations for ‘past’ human rights violations, with particular focus on the case of the indigenous ‘Stolen Generation’ in Australia. The ‘Stolen Generation’ is a term used to describe the government-sanctioned practice of forced removals of part-Aboriginal children from their indigenous parents and placement into non-indigenous institutions and homes, which occurred in Australia from approximately 1910–1970. The ‘Stolen Generation’ violations present a unique and difficult legal question for international human rights law because they straddle the

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Ahmed, Kawser. "Defining 'Indigenous' in Bangladesh: International Law in Domestic Context." International Journal on Minority and Group Rights 17, no. 1 (2010): 47–73. http://dx.doi.org/10.1163/157181110x12595859744169.

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AbstractBangladesh is one of the 11 states which abstained in voting on the United Nations (UN) Declaration on the Rights of Indigenous Peoples. The reason as stated by the representative of Bangladesh at UN is that the term 'indigenous peoples' has not been clearly defined or identified in the aforementioned Declaration. In fact, the government of Bangladesh has been persistently denying many of the marginal communities' claim to recognition as indigenous peoples. The article argues that the state of non-dominance is one of the determining criteria of the definitions of indigenous peoples in

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Rizvi, Sajjad H. "A Primordial e pluribus unum? Exegeses on Q. 2:213 and Contemporary Muslim Discourses on Religious Pluralism*." Journal of Qur'anic Studies 6, no. 1 (2004): 21–42. http://dx.doi.org/10.3366/jqs.2004.6.1.21.

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Students of natural theology have for centuries debated the religious progress of humankind. In the idyll of the Garden of Eden and in our earliest generations, they ask, did we believe in God? Or even gods? Has humankind evolved from pagan precursors to rational monotheism? Or did primordial monotheism lapse into paganism thus requiring the divine light of revelation to guide humanity back to the one true God? This paper focuses on three contemporary Muslim perspectives on religious pluralism that draw upon a key verse from Sūrat al-Baqara, which begins with the declaration that ‘Humankind wa

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Jamar, Hanna, and Mary Katherine Vigness. "Applying Kosovo: Looking to Russia, China, Spain and Beyond After the International Court of Justice Opinion on Unilateral Declarations of Independence." German Law Journal 11, no. 7-8 (2010): 913–28. http://dx.doi.org/10.1017/s2071832200018927.

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When the International Court of Justice (ICJ) released its advisory opinion regarding the legality of Kosovo's unilateral declaration of independence (UDI) on 22 July 2010, Serbia was not the only State to express its dissatisfaction with the outcome. The broader significance of the ICJ's finding that Kosovo's UDI in 2008 did not violate international law has profound relevance for other States. The United States and its allies claim that Kosovo's situation is unique and does not serve as precedent, but other nations facing separatist movements within their own borders may have reason to be co

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Delgado-Pugley, Deborah. "Contesting the Limits of Consultation in the Amazon Region: On Indigenous Peoples’ Demands for Free, Prior and Informed Consent in Bolivia and Peru." Revue générale de droit 43 (January 13, 2014): 151–81. http://dx.doi.org/10.7202/1021213ar.

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While states have legal rights over more than 60% of the world’s forests, around one billion people inhabit and “manage” them often without proper legal recognition. Many countries are moving towards conferring legal rights over forested land to a broad range of private actors such as individuals or communities. However, and perhaps not surprisingly, two thirds of on-going violent conflicts involving rural communities are driven by contested claims over land and resources. In many Latin American countries, statutes and regulations on consultation have recently become strategic issues, even tho

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Pilarz, Łukasz. "Szczątki ludzkie w azjatyckich muzeach a prawa ludności rdzennej." Azja-Pacyfik 26, no. 2 (2022): 45–63. http://dx.doi.org/10.15804/ap2022.2.03.

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The work concerns the restitution of museum remains as a special cultural asset found in archaeological museums. The research problem concerns reverence towards human remains constituting museum exhibits on the example of Singapore museums. This type of museum inventory has become the subject of intensified restitution activities on the part of tribal minorities, indigenous peoples, who claim the right to them on the basis of the right to worship after their deceased ancestors, the right to protect cultural, religious and traditional heritage. Such law is based in particular on the Declaration

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Al-Fahad, Fahad A. S. "Are Human Rights Universal?" Technium Business and Management 8 (July 4, 2024): 48–54. http://dx.doi.org/10.47577/business.v8i.11377.

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In this essay, I will argue that "human rights are not universal" by analyzing the human rights discourse and the narratives that control it. Challenging the claim of universality will be highlighted from three different angles. First, the essay argues that the experience of women is often overlooked in the human rights narrative; making it non-inclusive. Furthermore, the second major issue with human rights universality is that such a claim is driven by western liberal thought that has hegemonic agenda instead of universal purposes. Finally, the third dimension that I will focus on in this es

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Napolitano, Elena. "Anteriorità o meno del credito rispetto all’atto di disposizione (App. Ancona, 29 dicembre 2023)." N° 4 (luglio-agosto), no. 4 (August 1, 2024): 670–79. http://dx.doi.org/10.35948/1590-5586/2024.615.

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Tesi Il creditore che subisca la diminuzione della garanzia patrimoniale del debitore, pur essendo titolare di credito anteriore alla istituzione del trust, può esperire l’actio pauliana per ottenere la dichiarazione di inefficacia dell’atto di disposizione compiuto in pregiudizio delle sue ragioni. La pronuncia conferma che l’anteriorità del credito rispetto all’atto impugnato va valutata con riferimento al momento della sua effettiva insorgenza e non a quello del suo accertamento giudiziale. The author’s view A creditor who suffers the diminution of the debtor’s patrimonial guarantee, even t

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Elhoufi, Halima, Nohaila Elhaddad, and Yassine Tabaa. "Insurtech: Moroccan Regulation Toward the Example of Insurtech Lead in Arab Countries: United Arab Emirates." SHS Web of Conferences 175 (2023): 01047. http://dx.doi.org/10.1051/shsconf/202317501047.

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Technologies are redefining the ecosystem [1] and the boundaries between industries, and reshaping consumer’s expectations. It is important to share divers’ data in a network to forge a business related to contributor’s data in the same manner to predictive maintenance [2] The partnership with technology suppliers based on IOT and telematics open the gate to a novel ecosystem where one strong platform grows and expands. Digitization and technologies proposed a new approach to common failure for the insurance industry. we present the legal basis as an accelerator to boost the adoption of digita

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Sugiharto, I. Bambang. "Parameter “Hidup yang Baik”: Tegangan antara HAM, Agama, dan Sains." MELINTAS 34, no. 1 (2018): 80–95. http://dx.doi.org/10.26593/mel.v34i1.3086.80-95.

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In terms of the parameter of ‘Good Life’, the Declaration of Human Rights as well as the ideals of religions and science have in fact been criticized respectively, and considered flawed. While the Declaration of Human Rights is universal in character – hence they can become a point of convergence among different religions – it is also susceptible to political manipulation, and subject to criticism from particular religious perspectives as well as from scientific outlook. As with science itself, its perspective is considered too narrow and mundane, when viewed from religious perspectives, that

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Howse, Robert, and Ruti Teitel. "Humanity Bounded and Unbounded: The Regulation of External Self-determination under International Law." Law & Ethics of Human Rights 7, no. 2 (2013): 155–84. http://dx.doi.org/10.1515/lehr-2013-0008.

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Abstract One of the most complex and uncertain areas of international legal doctrine concerns how to deal with the aspiration of a people to achieve self-determination through the establishment of a new state and the related claim to a specific territory over which statehood is to be exercised. Recently, when the General Assembly of the United Nations referred to the International Court of Justice the question of the legality of the declaration of independence by Kosovar Albanians, the Court was given an opportunity to clarify and develop the law on external self-determination. Instead, the Co

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Koivurova, Timo. "From High Hopes to Disillusionment: Indigenous Peoples' Struggle to (re)Gain Their Right to Self-determination." International Journal on Minority and Group Rights 15, no. 1 (2008): 1–26. http://dx.doi.org/10.1163/138548708x272500.

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AbstractThis article will examine three international processes wherein the right to self-determination of indigenous peoples has been taken up: the process whereby the United Nations (UN) General Assembly adopted the UN Declaration on the Rights of Indigenous Peoples (UN Declaration), the intention to negotiate a Nordic Saami Convention (Draft Convention) and the practice of the Human Rights Committee (HRC) in monitoring the observance of the International Covenant on Civil and Political Rights (Covenant). All of these processes have enunciated indigenous peoples' right to self-determination,

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