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Journal articles on the topic 'Eastern Caribbean Supreme Court'

Author: Grafiati

Published: 4 June 2021

Last updated: 28 July 2025

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1

Chambers, Tania. "Pivoting in a Pandemic: Virtual Hearings, Vulnerable Witnesses and the Journey Toward a More Therapeutic Caribbean Court." Journal of Developing Societies 39, no. 4 (2023): 445–67. http://dx.doi.org/10.1177/0169796x231209155.

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In the global judicial response to COVID-19 restrictions, virtual hearings were expanded beyond special accommodations for children and vulnerable witnesses to facilitate a range of court proceedings. Not much is known about the phenomenon in Caribbean contexts. As a result of this gap, the current study analyzes content from Practice Directions issued by Supreme Courts in Jamaica, Trinidad and Tobago, and the Eastern Caribbean from 2020 to 2022. It identifies patterns in the rules surrounding virtual hearings and their relevance to the vision of a more therapeutic Caribbean court. Results ind

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Daly, Samuel Fury Childs. "The Portable Coup: The Jurisprudence of ‘Revolution’ in Uganda and Nigeria." Law and History Review 39, no. 4 (2021): 737–64. http://dx.doi.org/10.1017/s0738248021000444.

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In the years after independence, former British colonies in eastern and southern Africa struggled to fill the ranks of their judiciaries with African judges. Beginning in the mid-1960s, states including Uganda, Tanzania, and Botswana solved this problem by retaining judges from the Caribbean and West Africa, especially Nigeria. In this same period, a wave of coups brought many independent states under the rule of their militaries (or authoritarian civilian regimes). Foreign judges who had been appointed in the name of pan-African cooperation were tasked with interpreting the laws that soldiers

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Serzhanova, Viktoria. "Supreme Court Systems in the Nordic Countries. An Outline of the Issue." Roczniki Nauk Prawnych 28, no. 2 ENGLISH ONLINE VERSION (2019): 81–94. http://dx.doi.org/10.18290/rnp.2018.28.2-6en.

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The aim of the study is to provide a comparative analysis of the role and tasks that the supreme courts perform in the Nordic legal and political systems. The main focus of the paper is on considerations of the tasks, goals, role and functions of the supreme courts in the Nordic countries, as well as the principles of organisation and functioning on which the supreme court systems in this region of Europe are based. An important part of this study covered the determination of common features and differences that can be seen when comparing countries of the eastern and western Nordic legal cultu

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Singh, Ciresh. "Notes: A call for specialised foreclosure courts and a separate foreclosure roll — An analysis of South African Human Rights Commission v Standard Bank of South Africa Ltd (CC)." South African Law Journal 140, no. 3 (2023): 481–94. http://dx.doi.org/10.47348/salj/v140/i3a2.

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In South African Human Rights Commission v Standard Bank of South Africa Ltd 2023 (3) SA 36 (CC), the Constitutional Court held that a bank is not obliged to take a foreclosure matter to the magistrate’s court, even if the magistrate’s court has jurisdiction over the matter. The apex court confirmed that a court is not entitled to decline to hear a matter properly brought before it because another court has concurrent jurisdiction. Before this decision, the Gauteng and Eastern Cape Divisions of the High Court both found that the High Court was entitled to decline to hear a matter if the matter

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Anderson, Winston. "Foreign Orders and Local Land: The Caribbean Gets its Own Version of Duke v. Andler." International and Comparative Law Quarterly 48, no. 1 (1999): 167–76. http://dx.doi.org/10.1017/s0020589300062928.

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The general principle, best articulated in the leading case of British South Africa Company v. Companhia de Mocambique,1 is that a court in the Commonwealth will not entertain an action involving the title to foreign realty. However, there are two established exceptions. First, a court of equity will not refuse jurisdiction if the plaintiff's claim is based on contract, trust or fraud affecting the foreign land, and the court has jurisdiction in personam over the defendant.2In personam jurisdiction may be established if the defendant is present within the jurisdiction, submits to the court, or

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Surbun, Vishal, and Paul Swanepoel. "Seismic surveys in South Africa’s maritime domain: The Sustaining the Wild Coast cases." South African Law Journal 141, no. 7 (2024): 685–702. https://doi.org/10.47348/salj/v141/i4a4.

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The decision in Sustaining the Wild Coast & others v Minister of Mineral Resources and Energy & others represented a landmark victory for local communities in the Eastern Cape over prominent oil companies, notably Shell. The applicants sought an interim interdict in the High Court to prevent Shell from undertaking a seismic survey pursuant to an exploration right, pending the determination of an application for a final interdict. The High Court, in hearing the application for the final interdict, also considered various grounds of review under the Promotion of Access to Administrative

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WILSON, BRUCE M., JUAN CARLOS RODRÍGUEZ CORDERO, and ROGER HANDBERG. "The Best Laid Schemes … Gang Aft A-gley: Judicial Reform in Latin America – Evidence from Costa Rica." Journal of Latin American Studies 36, no. 3 (2004): 507–31. http://dx.doi.org/10.1017/s0022216x04007771.

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‘Judicial independence is a means to a strong judicial institution, which is a means to personal liberty and prosperity.’ United States Supreme Court Justice Stephen G. Breyer.Starting in the 1980s, and accelerating through the 1990s, international financial institutions (IFIs), non-governmental organisations (NGOs) and development agencies funnelled considerable resources into judicial reform and rule of law programmes in virtually every Latin American and Caribbean country. The assumption was that reformed court systems would foster free market economic development strategies. This article e

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Lopez, Akeem. "Rethinking Directors’ Statutory Fiduciary Duties in the Commonwealth Caribbean: Should Sequana be Followed?" Business Law Review 44, Issue 5 (2023): 183–87. http://dx.doi.org/10.54648/bula2023023.

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The scope and nature of directors’ duties has been the subject of much judicial and academic debate. In the recent BTI 2014 LLC v. Sequana SA decision, the UK Supreme Court firmly established the creditor duty in English company law. This paper proposes to examine the basis and nature of the duty including its Commonwealth origin. The focal point of this paper is to determine the question of whether such a creditor duty would be accepted as existing by courts in the Commonwealth Caribbean. In providing the answer to that question, this article makes reference to numerous Canadian cases in whic

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9

Flanagan, Brian, and Sinéad Ahern. "JUDICIAL DECISION-MAKING AND TRANSNATIONAL LAW: A SURVEY OF COMMON LAW SUPREME COURT JUDGES." International and Comparative Law Quarterly 60, no. 1 (2011): 1–28. http://dx.doi.org/10.1017/s0020589310000655.

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AbstractThis is a survey study of 43 judges from the British House of Lords, the Caribbean Court of Justice, the High Court of Australia, the Constitutional Court of South Africa, and the Supreme Courts of Ireland, India, Israel, Canada, New Zealand and the United States on the use of foreign law in constitutional rights cases. We find that the conception of apex judges citing foreign law as a source of persuasive authority (associated with Anne-Marie Slaughter, Vicki Jackson and Chris McCrudden) is of limited application. Citational opportunism and the aspiration to membership of an emerging

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Wilkinson, Erika. "Recent Developments in Health Law: Constitutional Law: Despite Reservations, the Second Circuit Defers to State Court's Determination That a Preponderance of the Evidence Standard is Constitutional for Recommitment of NRRMDD Defendants – Ernst J. v. Stonea." Journal of Law, Medicine & Ethics 34, no. 4 (2006): 826–28. http://dx.doi.org/10.1111/j.1748-720x.2006.00104.x.

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The United States Court of Appeals for the Second Circuit recently upheld United States District Court for the Eastern District of New York Judge's denial of petitioner's application for a writ of habeas corpus. The Court held that it was not objectively unreasonable for the Appellate Division to conclude, in light of clearly established federal law as expressed by the Supreme Court of the United States, that a New York statute providing for the recommitment of specific defendants who plead not responsible by reason of mental disease or defect (NRRMDD) under a mere “preponderance of the eviden

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11

Zielke, Rainer. "Commissionaire Structure as an Agency Permanent Establishment (PE): Low Risk for Foreign Principals Constituting a PE in Norway Dell Products v. Government of Norway, Decision of the Norwegian." Intertax 40, Issue 8/9 (2012): 494–96. http://dx.doi.org/10.54648/taxi2012048.

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The already legendary decision of the Norwegian Supreme Court of 2 December 2011 that overruled the decision of the Court of Appeals for south eastern Norway (Borgarting lagmannsrett) of 2 March 2011 is presented. It results in low risk for foreign principals constituting a PE in Norway and thus allocating profits outside of Norway. The decision is commented as an opportunity for international tax planning by an arrangement, where the sales company is tax resident as principal in a low tax country and in a high tax country, such as Norway, there is no tax payable on the basis of the commission

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Nababan, Roida, Besty Habeahan, Hisar Siregar, and Frans Marcelino Simanjuntak. "The Existence of Online Trials (Electronic Court) in Civil Cases in Medan State Court, Indonesia." Golden Ratio of Law and Social Policy Review 4, no. 2 (2025): 83–92. https://doi.org/10.52970/grlspr.v4i2.929.

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Civil law governs the rights and obligations of citizens, encompassing both material and procedural regulations. To improve access to justice, the Supreme Court introduced an online trial system (e-court) in 2018, which was implemented nationwide in 2020. Online trials provide several advantages, including ease of access, cost and time efficiency, and enhanced data security. Despite these benefits, several challenges persist. In Indonesia's eastern regions, internet connectivity remains a significant barrier. Additionally, the implementation of online trials can be less than ideal, with freque

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Materniak-Pawłowska, Małgorzata. "Sądy Królewsko-Polskie (1917-1918)." Czasopismo Prawno-Historyczne 59, no. 1 (2007): 87–111. https://doi.org/10.14746/cph.2007.1.4.

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On 1 September 1917 Poland’s King’s Courts became functional at the territory of the Kingdom of Poland, then still under German and Austro-Hungarian rule. This fact meant that as of that date, the administration of justice had passed, even if not yet completely, to Polish authorities. At the same time, the Department of Justice at the Temporary Council of State set on preparing the legal and actual foundations for the functioning of king’s courts in Poland. At that time Poland’s judiciary system comprised four categories of courts: the Supreme Court in Warszawa, two courts of appeal: one in Wa

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Schneider, Khal. "A Square Deal in Lake County: Anderson v. Mathews (1917), California Indian Communities, and Indian Citizenship." Journal of the Gilded Age and Progressive Era 18, no. 03 (2019): 263–81. http://dx.doi.org/10.1017/s1537781419000069.

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AbstractIn 1917, California's Supreme Court upheld the Eastern Pomo man Ethan Anderson's right to vote. The court recognized that Anderson lived and worked like his white neighbors and, most importantly, did not live in “tribal relations” and was subject to local jurisdiction. But Anderson, his lawyers, the opposing counsel, and the court never denied that he was a member of an Indian community. In fact, local authorities and the federal government had long acknowledged that Indian communities existed in Lake County, and they had both legitimized small Indian community landholdings as the home

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Hickl, Colin. "No Transfer? No Problem!: The Federal Circuit's Excessive Use of the Most Potent Weapon in the Judicial Arsenal for §1404(a) Transfer Appeals." SMU Law Review 76, no. 4 (2024): 913. http://dx.doi.org/10.25172/smulr.76.4.6.

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Like all federal plaintiffs, patent owners who feel their patent has been infringed have the right to file suit in any federal court, so long as venue is proper. Patent plaintiffs often select plaintiff-friendly venues, like the Eastern and Western Districts of Texas. Usually, plaintiffs may select these venues because many of the alleged infringers are large companies with a national presence, which makes them susceptible to suit in many federal courts around the country. Defendants in patent cases often file a motion under 28 U.S.C. § 1404(a) to transfer a case to a more defendant-friendly v

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غنام, غنام محمد. "حق المتهم فـي محاكمة سريعة فـي القانون الأمريكي". مجلة الحقوق 45, № 5 (2024): 1–158. http://dx.doi.org/10.34120/jol.v45i5.3123.

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1- أهم الاختصارات الإنجليزية : App. Div: Appellate Division, N. Y محكمة استئناف نیویورك (دورية) Cal. Rptr: California Reporter أحكام ولاية كاليفورنيا (دورية) C.C.C.: Criminal Cases of Canada أحكام المحاكم الجنائية الكندية (دورية كندية) Colum. L. Rev.: Columbia law Review المجلة القانونية لولاية كولومبيا (دورية) E. H. R. R.: European Court of Human Rights Reporter أحكام المحكمة الأوروبية لحقوق الإنسان (دورية) F. 2d : Federal Reporter, Second series أحكام المحكمة الفيدرالية للولايات المتحدة الأمريكية (دورية) F. Supp.: Federal Reporter Supplement أحكام المحكمة الفيدرالية للولايات المتحدة الأمريكي

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Carroll, Lucy. "The Pakistan Federal Shariat Court, Section 4 of the Muslim Family Laws Ordinance, and the Orphaned Grandchild." Islamic Law and Society 9, no. 1 (2002): 70–82. http://dx.doi.org/10.1163/156851902753649289.

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AbstractSection 4 of the Pakistan Muslim Family Laws Ordinance, 1961, dramatically altered the law of succession applicable to Muslims by granting to the orphaned grandchild(ren) the share that their deceased parent would have taken had s/he survived the propositus. The principle of representation incorporated in the Pakistani solution contrasts with the compulsory bequest relied upon by several Middle Eastern countries to deal with the same problem, although arguably representation more closely reflects the experience and expectations of the people of Pakistan. Nearly two decades later, the F

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18

Gearty, C. A. "The European Court of Human Rights and the Protection of Civil Liberties: an Overview." Cambridge Law Journal 52, no. 1 (1993): 89–127. http://dx.doi.org/10.1017/s0008197300017256.

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It is doubtful whether there is a more famous court in Europe than the European Court of Human Rights. The town in which it is located, Strasbourg, has become a rallying cry for disappointed litigants from Iceland to Istanbul. Through its application of the European Convention on Human Rights, the Court is seen to have played an important role in the protection of individual freedom in western Europe, and its case-law has ballooned dramatically in recent years. So successful has it been that the Court's jurisdiction is coveted by the newly emerging democracies in eastern and central Europe as

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Truszkowski, Bartosz Kamil. "The Supreme Administrative Tribunal on Civil Status Records. A Case Law Review." Miscellanea Historico-Iuridica 22, no. 1 (2023): 241–86. http://dx.doi.org/10.15290/mhi.2023.22.01.11.

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In interwar Poland, civil status records were kept under five separate legal regimes, which the Second Polish Republic inherited from the different partitioning powers. Only the Prussian and Hungarian systems, which were in force in the western voivodeships and in Spiš and Orava, were fully secular and professional. In the central, eastern, and southern voivodeships, the civil status records of the majority of the population were combined with church records, and thus were kept by the clergy. The cluster of outdated regulations, which were ill-adapted to the new state and were often mutually e

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Spiro, Peter J. "Sheets v. Yamaha Motors Corp." American Journal of International Law 83, no. 3 (1989): 580–83. http://dx.doi.org/10.2307/2203321.

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Plaintiff Sheets sought sanctions under Rule 11 of the Federal Rules of Civil Procedure against defendants, the Yamaha Motor Co. Ltd. (Yamaha Japan) and its wholly owned American subsidiary, Yamaha Motors Corp., U.S.A. (Yamaha U.S.A.), for misconduct in discovery and frivolous insistence that service on the foreign parent be made in conformity with the Convention on Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, better known as the Hague Service Convention. Plaintiff had effected service under the Louisiana long-arm statute, which permitted service on th

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Young, Aaron, Humayun J. Chaudhry, Jon V. Thomas, and Michael Dugan. "A Census of Actively Licensed Physicians in the United States, 2012." Journal of Medical Regulation 99, no. 2 (2013): 11–24. http://dx.doi.org/10.30770/2572-1852-99.2.11.

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ABSTRACTThe Patient Protection and Affordable Care Act, signed into law in 2010 and upheld by the U.S. Supreme Court last year, is expected to provide health care coverage to as many as 32 million Americans by 2019. As demand for health care expands, the need for accurate data about the current and future physician workforce will remain paramount. This census of actively licensed physicians in the United States and the District of Columbia represents data received from state medical boards in 2012 by the Federation of State Medical Boards. It demonstrates that the total population of licensed

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Korzeniewska-Lasota, Anna. "Glosa do Wyroku Naczelnego Sądu Administracyjnego z dnia 5 lutego 2020 r., sygn. akt I OSK 3614/18." Przegląd Sejmowy 2(163) (2021): 281–93. http://dx.doi.org/10.31268/ps.2021.27.

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In its judgment of 5 February 2020 (Case I OSK 3614/18) the Supreme Administrative Court found that the rights of a person who left property on territories belonging to the Republic of Poland before 1945 pass to his or her heirs. The judgment under review concerns the important issue of inheritance of the right to so-called Bug River compensation and the related requirement for heirs to prove that their testator left property in the former eastern voivodeships of the interwar Polish Republic. The heir must prove that the testator, at the time of his death, fulfilled all the conditions entitlin

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Zglinski, Jan. "The new judicial federalism: the evolving relationship between EU and Member State courts." European Law Open 2, no. 2 (2023): 345–71. http://dx.doi.org/10.1017/elo.2023.27.

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AbstractA wind of change is blowing through the European judicial landscape. During the past decade, the European Union (EU) judiciary has undergone its biggest institutional overhaul in generations, the rise of authoritarian populism in Central and Eastern Europe has prompted a Rule of Law crisis, several supreme and constitutional courts challenged the supremacy of EU law, while the Court of Justice re-articulated the scope of the duty to refer under Article 267 TFEU and, for the first time, found that domestic last-instance courts breaching it triggered state liability. This Article argues

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PORNPITAKPAN, Chanthika. "Navigating Legal Rulings, Language Inclusivity, and Job Search Strategies in 2025." Global Empirical Marketing Studies 1, no. 1 (2025): Article e6.2025.04.25. https://doi.org/10.5281/zenodo.15319956.

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<strong>Citing This Article</strong> APA Style: Pornpitakpan, C. (2025). Navigating legal rulings, language inclusivity, and job search strategies in 2025. <em>Global Empirical Marketing Studies, 1</em>(1), Article e6.2025.04.25. https://doi.org/10.5281/zenodo.15319956 In 2025, legal rulings like the UK Supreme Court’s decision defining “sex” as biological sex and the U.S. Executive Order 14168 recognizing only two sexes are reshaping workplace policies. These changes impact all job seekers, including transgender individuals, in accessing facilities, participating in sports,

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Dzikovskiy, Maksym. "Austrian judicial system of 1867." Law Review of Kyiv University of Law, no. 3 (November 10, 2020): 60–64. http://dx.doi.org/10.36695/2219-5521.3.2020.09.

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The article examines the Austrian judicial system formed on the basis of the Basic Constitutional Law of Austria on JudicialPower of December 27, 1867, requirements for individuals who wanted to become judges.The judge could be any male Austrian citizen who had a university degree in law and practical experience of at least three years,successfully passed the written and oral exams. Examination commissions were set up annually by the Minister of Justice at each higherregional court. They included law professors and skilled practitioners. Thus, the professionalism of judges was ensured.Judges w

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Harris, Ben. "Jewish Quotas in Clinical Psychology? The Journal of Clinical Psychology and the Scandal of 1945." Review of General Psychology 13, no. 3 (2009): 252–61. http://dx.doi.org/10.1037/a0015688.

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In 1945 Frederick Thorne, editor of the Journal of Clinical Psychology, proposed to limit the acceptance of Jewish applicants to clinical psychology graduate schools. A public scandal erupted over this proposed limit, which was modeled on Jewish quotas in medical education. Criticized by the mass media and most psychologists, Thorne's proposal was repudiated by the Eastern Psychological Association and the Society for the Psychological Study of Social Issues. Using private correspondence, oral histories, and published articles, this mostly forgotten episode in the history of clinical psycholog

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Janderová, Jana. "Impact of the Rule of Law as a Fundamental Public Governance Principle on Administrative Law Interpretation in the Czech Republic." Central European Public Administration Review 17, no. 2 (2019): 117–40. http://dx.doi.org/10.17573/cepar.2019.2.06.

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The rule of law is a fundamental principle and the cornerstone of Western democracies and their public governance. Its underlying value is the idea of constraint of governmental power. The rule of law principle acts as an interpretative concept in most contexts of the exercise of public powers in the EU and its Member States, with the courts exercising supervision over the activities of administrative bodies. However, the teleological argumentation through fundamental principles is not inherent to all Central and Eastern European judicial and administrative bodies, given the long tradition of

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JACOBSON, ROBIN DALE, and DANIEL TICHENOR. "States of Immigration: Making Immigration Policy from Above and Below, 1875–1924." Journal of Policy History 35, no. 1 (2022): 1–32. http://dx.doi.org/10.1017/s0898030622000343.

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AbstractFor nearly 150 years, the Supreme Court has denounced jurisdictional ambiguities in immigration policy, regularly striking down state laws as unconstitutional intrusions on the federal government’s “broad, undoubted power.” Most scholarship on the historical evolution of US immigration policy has followed suit, rendering invisible the role of state governments and federalism in immigration policy during the crucial, transformative decades of the Gilded Age and the Progressive Era. This article redresses these silences by spotlighting the aggressive state policy activism and critical in

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Eyongndi, David Tarh-Akong Eyongndi, Faith Nwayemogho Opara, Olayiwola Owoade Oladele, David Andrew Agbu, and Mary-Ann Onoshioke Ajayi. "Realising Female Inheritance Rights in South Eastern Nigeria: The Imperativeness of Going beyond Legal Rhetoric." Age of Human Rights Journal, no. 22 (June 27, 2024): e7972. http://dx.doi.org/10.17561/tahrj.v22.7972.

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The decision of the Supreme Court of Nigeria in Ukeje v. Ukeje is regarded as the ultimate liberation of females, particularly in Eastern Nigeria from discriminatory customary law which disentitles them from inheritance in cases of intestate succession. While this decision buttresses the non-discriminatory provision of section 40 of the 1999 Constitution of the Federal Republic of Nigeria, making a judicial pronouncement is different from giving effect to same. The question, therefore, is how can this decision be effectuated especially in rural areas where the people jealously guard their trad

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Paterson, Alexander. "Case Note: The interface between customary rights and environmental legislation: Lessons from Gongqose & Others vs Minister of Agriculture, Forestry and Fisheries & Others (SCA) 2018." South African Journal of Environmental Law and Policy 26 (2020): 134–60. http://dx.doi.org/10.47348/sajelp/v26/a5.

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The Constitution of the Republic of South Africa, 1996, recognises customary law as an independent and original source of law, subject to the Constitution itself and legislation that specifically deals with customary law. As recognised by the Constitutional Court in Alexkor Ltd vs the Richtersveld Community (2004), customary law, as an independent source of law, may give rise to rights including rights to access and use natural resources. Rights to access and use natural resources are often comprehensively regulated by legislation. Conflicts between customary law and legislation relevant to na

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Visnapuu, Karin. "Land Reform and the Principle of Legal Certainty: The Practice of the Supreme Court of Estonia in 1918–1933." Juridica International 27 (September 30, 2018): 53–60. http://dx.doi.org/10.12697/ji.2018.27.05.

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In the early years of the 20th century, the land-ownership and societal structure in many Eastern and some Central European countries displayed remnants of feudalism. Land distribution was dominated by large estates (manors) owned by feudal lords. Since this relic from the age of serfdom was not in line with modern values at all, land reforms were carried out in these countries after World War I. Estonia was no exception: once it gained its independence on 24 February 1918, the main task was to build a modern democratic state that was in accordance with the principle of rule of law. However, t

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Fadel, Mohammad. "The Rule of Law in the Middle East and the Islamic World." American Journal of Islam and Society 18, no. 4 (2001): 167–71. http://dx.doi.org/10.35632/ajis.v18i4.1992.

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This work grew out of a series of lectures that were delivered over atwo-year period between 1996 and 1998 at the Centre of Islamic andMiddle Eastern Law (CIMEL) at the School of Oriental and AfricanStudies (SOAS), University of London, on the genera] subject of the rule oflaw in the Middle East and Islamic countries. Subsequently, materials wereadded dealing particularly with issues relating to human rights law. Thecontributors to this work are a combination of legal academics, human rights activists, lawyers and judges, who hale from various countries in theArab world, Iran, the United State

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Eboh, Nnenna Joy. "Modernism and intestate inheritance in South East Nigeria: rethinking the distributive justice theory." UCC Law Journal 1, no. 2 (2021): 375–94. http://dx.doi.org/10.47963/ucclj.v1i2.424.

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In Nigeria, the practice of disinheriting some heirs from intestate property is prevalent in the majority of south eastern states, especially amongst custodians who insist on age-long traditions. Despite Supreme Court decisions that have voided unequal and discriminatory inheritance in accordance with section 42(1) and (2) of the Constitution of the Federal Republic of Nigeria 1999 (as amended), some of these customs continue to discriminate in intestate situations. This paper will adopt a doctrinal approach to give an overview of intestacy and the practice of intestate inheritance in south ea

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Dzhuska, Anna V., Natalіa V. Kaminska, and Zoryana M. Makarukha. "MODERN CONCEPT OF UNDERSTANDING THE HUMAN RIGHT TO LIFE." Wiadomości Lekarskie 74, no. 2 (2021): 341–50. http://dx.doi.org/10.36740/wlek202102131.

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The aim: The purpose of this article is to expose the essence of the concept of the human right to life, including in the content of this right, the duty of the state to maintain and develop general conditions for a dignified human life. Materials and methods: The article explores the modern concept of understanding the human right to life. The article analyzes the constitutions, other regulations, as well as the experience of different countries in the world on this issue (in particular, the countries of Western and Eastern Europe, Latin America, USA). The empirical basis of this research con

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Nguyen, Quang Huy, and Nataliya Vladimirovna Ivanovskaya. "History of formation and development of liability for damage caused by sources of extreme danger in Vietnam: Issues of legal influence." Revista Amazonia Investiga 11, no. 55 (2022): 318–26. http://dx.doi.org/10.34069/ai/2022.55.07.33.

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This article analyzes the influence of Western legal ideology and socialist law on the formation and development of liability for damage caused by sources of extreme danger in the law of Vietnam. The authors have examined all the important legal documents that are associated with the issue of liability for damage caused by sources of extreme danger. The research materials are also based on the works of Western and Eastern authors writing about Vietnam during this historical period. To achieve this goal, the authors used the following methods: comparative legal, analysis, synthesis and historic

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Kadakia, Kushal T., Joseph S. Ross, and Reshma Ramachandran. "Public Health Implications of Legal Challenges to the FDA’s Regulation of Laboratory-Developed Tests." JAMA Health Forum 6, no. 6 (2025): e252233. https://doi.org/10.1001/jamahealthforum.2025.2233.

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ImportanceLaboratory-developed tests (LDTs) refer to in vitro diagnostics developed and used by individual laboratories. LDTs are widely used in modern medicine, with their results informing over 70% of clinical decisions. The US Food and Drug Administration (FDA) has historically claimed regulatory authority over LDTs and, in 2024, finalized new regulations to strengthen oversight of these products. However, the FDA’s rulemaking was vacated in the 2025 court case American Clinical Laboratory Association et al v FDA et al, a decision that has carried substantial implications for public health.

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Nelson, Febby Mutiara, Intan Hendrawati, and Rafiqa Qurrata A’yun. "Finding the Truth in A Virtual Courtroom: Criminal Trials in Indonesia during the COVID-19." Sriwijaya Law Review 7, no. 2 (2023): 228. http://dx.doi.org/10.28946/slrev.vol7.iss2.2465.pp228-243.

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Video conferencing through video call platforms, such as Zoom and Google Meet, has become a useful option for judges holding criminal trials during the COVID-19 pandemic in many countries. This trend also occurred in Indonesia. Some judges believe that video conferencing technology will help them accomplish justice in an emergency, referring to the legal maxim 'salus populi suprema lex esto’ or ‘let the welfare of the people be the supreme law’. Although virtual trials assist courts in preventing the spread of the deadly virus, they have also affected the work of judges to reach the substantiv

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Elcock, Howard. "The Polish Ombudsman and the Transition to Democracy." International and Comparative Law Quarterly 45, no. 3 (1996): 684–90. http://dx.doi.org/10.1017/s002058930005942x.

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A great deal has happened since the first Polish Commissioner for Citizens' Rights Protection discussed the role of her office in this journal in January 1990.1 At that time, the communist regime had given place to Eastern Europe's first non-communist government, led by Tadeusz Mazowiecki, after the elections of June 1989. Following the Polish United Workers' Party's defeat then, communism collapsed throughout Eastern Europe. Poland itself has since moved somewhat shakily towards a pluralist democratic regime, with a directly elected president and two chambers of Parliament in which multi-part

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Knyazkova, Liubov, Ivan Ivanov, and Margaryta Kravtsova. "SOME ISSUES OF PAYMENT OF PENSIONS TO PERSONS AFFECTED BY THE MILITARY CONFLICT IN THE EASTERN UKRAINE." Law Journal of Donbass 77, no. 4 (2021): 75–84. http://dx.doi.org/10.32366/2523-4269-2021-77-4-75-84.

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The article focuses on the study of the problems of payment of pensions to internally displaced persons and residents of the occupied territories of Donbas. As Ukraine today faces a problem unknown to it – the need to address issues related to the payment of pensions to victims of the armed conflict in the Eastern Ukraine, there is a need to develop effective mechanisms for exercising the right for pensions for these categories of persons. Normative acts and practice of application of the legislation on provision of pensions of internally displaced persons and persons living in the temporarily

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Kūris, Eugenijus. "Political questions' jurisprudence and obiter dicta of the constitutional court: The institution of the president of the Republic of Lithuania according to the constitutional court's decision of 10 January 1998." Politologija 11, no. 1 (1998): 3–94. https://doi.org/10.15388/polit.1998.1.1.

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The essay examines in detail the Constitutional Court's decision of 10 January 1998. The Government had addressed the Constitutional Court in pursuit of an answer to the question of whether it had to resign after the new President was elected. As it could not address the Constitutional Court with that issue directly, it questioned the constitutionality of the Seimas resolution (10 December 1996) approving the Government's program for a period allegedly extending long after the presidential elections.It is shown that the issue investigated by the Constitutional Court was not only a legal but al

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Szentgáli-Tóth, Boldizsár. "CENTRAL AND EASTERN EUROPE'S CONSTITUTIONAL REVIEW DURING PUBLIC HEALTH EMERGENCIES: ANALYSIS BASED ON THE CONSTCOVID DATABASE." Access to Justice in Eastern Europe 8, no. 2 (2025): 69–92. https://doi.org/10.33327/ajee-18-8.2-a000112.

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Background: Although significant scholarly assessments have been made regarding the conditions for restricting fundamental rights under extraordinary circumstances and the impact of public health emergencies on the separation of powers, the literature has not yet been able to fully rely on the systematization of the extensive recent constitutional court jurisprudence—particularly in the Central and Eastern European (CEE) region. In recent years, constitutional courts (or supreme courts with constitutional review powers) have addressed many aspects of the COVID-19 pandemic. A thorough examinati

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Doroshchuk, N. O., and V. Z. Prus. "Military justice in the Western Ukrainian People’s Republic." Uzhhorod National University Herald. Series: Law 1, no. 85 (2024): 140–45. http://dx.doi.org/10.24144/2307-3322.2024.85.1.18.

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The article analyzes the activities of military courts in the Western Ukrainian People’s Republic in the context of their independent functioning within the system of the judicial branch of power. In particular, the author defines a three-stage system of military courts, which consisted of 12 field military district courts, 3 regional courts (Lviv, Stanislav and Ternopil military regions) and the Supreme Military Tribunal of the West Ukrainian People’s Republic. The author defines the organizational and legal framework for the operation of military courts and the conduct of court proceedings,

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Yanovska, Oleksandra G., Alyona V. Chugaevska, and Mykhailo S. Ivanov. "CARGOCULTISM OF PSYCHIATRIC CARE IN CUSTODY." Wiadomości Lekarskie 74, no. 11 (2021): 2916–21. http://dx.doi.org/10.36740/wlek202111210.

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The aim: To analyze the features of the realization mechanism of the persons’ rights who have become ill with a mental illness and are in the detention of adequate (equivalent) medical care. Materials and methods: A set of general and special methods of scientific knowledge were used. The study’s empirical basis consists of international acts and standards in the field of health care, statistics of the United Kingdom, France, the United States, some countries in Eastern Europe and Central Asia, reports of international organizations, the case-law of the European Court of Human Rights. The stud

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Scott, Rebecca J. "Discerning a Dignitary Offense: The Concept of Equal “Public Rights” during Reconstruction." Law and History Review 38, no. 3 (2020): 519–53. http://dx.doi.org/10.1017/s0738248020000255.

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The mountain of modern interpretation to which the language of the Fourteenth Amendment of the United States Constitution has been subjected tends to overshadow the multiple concepts of antidiscrimination that were actually circulating at the time of its drafting. Moreover, as authors on race and law have pointed out, Congress itself lacked any African American representatives during the 1866–68 moment of transitional justice. The subsequent development of a “state action doctrine” limiting the reach of federal civil rights enforcement, in turn, eclipsed important contemporary understandings o

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Sevidova, V. "Comparative analysis of Daesh* and “Azov”**: methods and ideology." Pathways to Peace and Security, no. 2 (2024): 54–71. https://doi.org/10.20542/2307-1494-2024-2-54-71.

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A comparison of Daesh (“Islamic State in Iraq and Syria”) and Azov Battalion – and violent Salafist–jihadist and white suprematist/ultranationalist extremism in general – may seem non-trivial, as they are not typically paired in the mainstream research or expert analysis. However, it provides an interesting angle for exploring not only potential parallels and similarities, but also divergences between them. The two terrorist organisations – Daesh and “Azov” – have been selected as some of the most notorious in their respective ideological–motivational categories and as the phenomena standing o

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Stone, Elena M. "Regional peculiarities of modern crime of particular gravity (from the Far Eastern Federal District)." Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, no. 42 (2021): 81–89. http://dx.doi.org/10.17223/22253513/42/6.

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In order to analyze the regional peculiarities of modern crime of particular gravity in the Far Eastern Federal District, we studied 321 criminal case files on crimes committed in the Far Eastern Federal District over the past five years, statistical data from the State Institute of Statistics and Analysis of the Russian Ministry of Internal Affairs, the Judicial Department under the Russian Supreme Court, and so on. In the structure of especially grave crimes registered in the FEFD, the largest share in the total number of registered especially grave crimes was taken by crimes against persons

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Carey, Henry Frank. "The Domestic Politics of Protecting Human Rights in Counter-Terrorism." East European Politics and Societies: and Cultures 27, no. 3 (2013): 429–65. http://dx.doi.org/10.1177/0888325413480176.

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Three countries in Eastern Europe, Poland, Lithuania, and Romania, hosted secret detention sites for the benefit of the Central Intelligence Agency’s (CIA’s) interrogation program from about 2002 to 2006. All three countries initially denied with indignation these allegations. In the past five years, Poland moved toward prosecution as a result of a Supreme Court decision ordering declassification of documents, which resulted since 2008 in an ongoing prosecutorial investigation likely to indict the former Interior Minister and possibly others. While Lithuania’s parliament identified plans for a

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Maiorov, Alexander Viacheslavovich, and Stephen Pow. "To «Conquer Rome and beyond Rome»: The Mongol ideology of world domination in Medieval reality and imagination." Studia Slavica et Balcanica Petropolitana, no. 1(35) (2024): 3–38. https://doi.org/10.21638/spbu19.2024.101.

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The argument advanced here is that the global conquest strategy of the Mongols had taken shape already before the planning of the Great Western Campaign in 1235. Evidence from geographically, linguistically, and chronologically diverging sources all re-echo the claim that a goal of world conquest had been formulated, expressed, and — most importantly — pursued in practical terms already during the reign of Genghis Khan (r. 1206–1227). The Mongols’ claims to world domination had a solid basis in the religious worldview of the Mongol elite and were supported by their faith in the divine chosen-n

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Kovalchuk, I. V. "Features of exercise of control by regional courts in Halichina in the field of judiciary (1855-1918)." Uzhhorod National University Herald. Series: Law 1, no. 80 (2024): 38–45. http://dx.doi.org/10.24144/2307-3322.2023.80.1.5.

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The article analyzes the peculiarities of control by regional courts in Galicia in the field of judicial proceedings (1855–1918). It is noted that as a result of the reform of the Austrian judiciary in the middle of the 19th century. a three-level judicial system was created: district, district (regional), higher regional courts. Special attention is focused on the characteristics of the historical experience of control by regional courts in Galicia in the field of judicial proceedings. in the studied period. It is noted that regional courts in Galicia were entrusted with the function of contr

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Grigorian, Vahagn. "The Armenian Genocide. Unpunished Crimes." Genocidas ir rezistencija 2, no. 18 (2025): 7–49. https://doi.org/10.61903/gr.2005.201.

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The Armenian genocide in 1915 was implemented as a result of Turkey's genocidal policy of Turkey towards the non-Muslim nations. As early as in 1894–1896, over 300,000 thousand Armenians people shot by the order of the sultan Abdul Gamid. Nearly the same number of people were forced to accept Islam or found asylum in Persia and in East Armenia. The deserted lands were settled by Muslims. The party of Young Turks Ittihad ve Terakki (Unity and Progress), having organised the state takeover in 1908 and having seized power, replaced the pan-Islamism of the sultans by pan- Turanism. However, the Ar

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