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Journal articles on the topic 'Great Britain. Court of Verderers'
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1
Bolshakov, A. "Regulatory Autonomy of Great Britain: Problems and Perspectives." World Economy and International Relations 65, no. 7 (2021): 71–79. http://dx.doi.org/10.20542/0131-2227-2021-65-7-71-79.
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Sovereignty does not imply regulatory autonomy. After Brexit, the UK should align its regulatory policy with European norms, if it is interested in close partnership with the EU. Compromises must be made by both sides in order to ensure stability of the partnership. The EU will have to acknowledge the UK’s right to diverge from European rules. Britain will have to partly accept the jurisdiction of the European Court of Justice. The structure of dispute settlement mechanism which will be created under the partnership agreement should be a product of a compromise. The present study shows that optimal structure of dispute settlement mechanism must include two different procedures: one for political issues and the other for commercial issues. The central role for the European Court of Justice must be envisaged as a part of politically oriented procedure. There must be no role for the European Court of Justice or any Union to set the pace of political communication. The latter reflects the interest of Great Britain to simplify economic relations, which means that, firstly, disputes are resolved by independent arbiters; secondly, the EU acknowledges the UK’s right to diverge from European regulations; and thirdly, the UK accepts the EU’s right to impose countervailing duties to compensate for adverse effects of divergence on competition. This article also examines the main problems of future British regulatory policy, especially in the field of state aid. Boris Johnson’s government has decided not to form a full-fledged regulatory regime in the area of state aid. Its stance is politically appropriate since Conservative party manifesto for the 2019 general election promised to support local industries without limitations. But that decision created a great deal of economic risk. Firstly, the absence of a domestic subsidy control regulator can cause chaos within regulation system because workable norms and rules can only be sustained by a tight enforcement mechanism. Secondly, the EU can cite lack of subsidy control as an obstacle for British business to have unrestricted access to the European market.
2
Prakke, Lucas. "Swamping the Lords, Packing the Court, Sacking the King." European Constitutional Law Review 2, no. 1 (February 2006): 116–46. http://dx.doi.org/10.1017/s1574019606001167.
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Three great constitutional conflicts — Great Britain: Commons v. Lords — Parliament Act 1911 — United States: President v. Supreme Court over New Deal — Court Packing plan Belgium: King v. conscience — Democracy wins in each of these cases.
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Wanczycki, Jan K. "Unions Dues and Political Contributions – Great Britain, United States, Canada – A Comparison." Relations industrielles 21, no. 2 (April 12, 2005): 143–209. http://dx.doi.org/10.7202/027674ar.
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This paper is concerned with court decisions and statutory enactments which had an effect on active participation of trade unions in political action and, in particular, how the Legislatures, and the courts in interpreting the relevant statutes, attempted to prevent or regularize the use of union dues, levies or funds for political purposes.
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Storey, Taryn. "Devine Intervention: Collaboration and Conspiracy in the History of the Royal Court." New Theatre Quarterly 28, no. 4 (November 2012): 363–78. http://dx.doi.org/10.1017/s0266464x12000668.
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Taryn Storey believes that a series of letters recently discovered in the archive of the Arts Council of Great Britain (ACGB) makes it important that we reassess the genesis of the English Stage Company at the Royal Court. Dating from November 1952, the correspondence between George Devine and William Emrys Williams, the Secretary General of the ACGB, offers an insight into a professional and personal relationship that was to have a profound influence on the emerging Arts Council policy for drama. Storey makes the case that in 1953 Devine not only shaped his Royal Court proposal to fit the priorities of the ACGB Drama Panel, but that Devine and senior members of the ACGB then collaborated to ensure that the proposal became a key part of Arts Council strategic planning. Furthermore, she puts forward the argument that the relationship between Devine and Williams was instrumental to new writing and innovation becoming central to the future rationale for state subsidy to the theatre. Taryn Storey is a doctoral student at the University of Reading. Her PhD thesis examines the relationship between practice and policy in the development of new writing in post-war British theatre, and forms part of the AHRC-funded project ‘Giving Voice to the Nation: The Arts Council of Great Britain and the Development of Theatre and Performance in Britain 1945–1995’, a collaboration between the University of Reading and the Victoria and Albert Museum.
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Наквакина, Екатерина, and Yekatyerina Nakvakina. "Variances in the development of justice: com parative analysis of the leading Western court systems." Comparative Research In Law and Politics 2, no. 1 (June 15, 2014): 48–53. http://dx.doi.org/10.12737/5075.
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The article deals with the problem of differences in the structure and functioning of court systems in the certain countries. Examples of these differences trace to the Ancient and Medieval history. Some model of explanation is proposed. Differences and interpretation of them are demonstrated concerning the contemporary court systems of the leading Western countries, including Great Britain, France, the USA, Germany, Scandinavian countries. The author concludes that reception of this or that foreign experience concerning Russian court system must be very carefully based upon full comparativist analysis touching not only comparative law, but comparative state studying and comparative political science.
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Murjan, S., M. Shepherd, and B. G. Ferguson. "What services are available for the treatment of transsexuals in Great Britain?" Psychiatric Bulletin 26, no. 6 (June 2002): 210–12. http://dx.doi.org/10.1192/pb.26.6.210.
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AIMS AND METHODWe conducted a questionnaire survey of all 120 health authorities and boards responsible for the commissioning of services for the assessment and treatment of transsexual people in England, Scotland and Wales, in order to identify the nature of the input offered and assess conformity to current international standards of care.RESULTSEighty-two per cent of the commissioning authorities responded and confirmed that most health authorities/boards provide a full service for the treatment of transsexuals, although this would be delivered at a local level in only 20% of cases. However, 11 commissioning authorities gave confused and inaccurate responses and three other health authorities appear to hold views on the commissioning of these specialist services that are not in keeping with the current legal situation and a recent High Court ruling, which establishes the right of transsexual people to NHS assessment and treatment.CLINICAL IMPLICATIONSThere are discrepancies in prioritisation and provision of clinical services for this group that are not standard across Great Britain.
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Wrede, Maria, Maria Brynda, and Zofia Głowicka. "Informacja o zbiorach dawnego Muzeum Księży Marianów im. ks. Józefa Jarzębowskiego w Fawley Court (Wielka Brytania) – obecnie w Muzeum im. ks. Józefa Jarzębowskiego w Licheniu Starym koło Konina." Z Badań nad Książką i Księgozbiorami Historycznymi 14, no. 1 (March 24, 2020): 63–89. http://dx.doi.org/10.33077/uw.25448730.zbkh.2020.182.
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History of the Museum of Marian Fathers, founded at the college for boys in Bielany, the district of Warsaw, reconstituted in the Fawley Court at Henley-on-Thames, Great Britain, and finally moved to the Shrine of Our Lady of Sorrows in Licheń Stary, is the key to understanding the content and organization of this collection. Patriotic, religious and educational aspects of the museums, its role for the Polish diaspora in Great Britain, and its depletion in the results of historical changes. Presentation of the collection content” museum objects – sidearm, sculptures, artistic fabrics, drawings and watercolors, paintings, graphics, commemorative items; book collection – books from the 19th and 20th centuries, journals, music prints, maps, and cityscapes. A more detailed presentation of the collection of early printed books, ephemera, and journals from the 19th century.
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Aslam, Yaseen, and Jamie Woodcock. "A History of Uber Organizing in the UK." South Atlantic Quarterly 119, no. 2 (April 1, 2020): 412–21. http://dx.doi.org/10.1215/00382876-8177983.
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This article details Yaseen Aslam’s experience of organizing at Uber. Yaseen is the National General Secretary of UPHD (United Private Hire Drivers), a branch of the IWGB (Independent Workers Union of Great Britain). He is a co-claimant, with James Farrar, in the employment rights court cases against Uber in the UK. The article is the outcome of co-writing with Jamie Woodcock, presenting Yaseen’s first-person perspective. It builds on the method of workers’ inquiry and writing between workers and academics.
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Sumardiman, Adi. "AFFIDAVIT OF ADMIRAL ADI SUMARDIMAN (before the International Court of Justice - October 8, 1999)." Jurnal Hukum & Pembangunan 33, no. 1 (June 21, 2017): 106. http://dx.doi.org/10.21143/jhp.vol33.no1.1366.
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Prior to arriving in Kuala Lumpur, I was in charge of organising the geographical data on Indonesia. including hydrographical or topographical survey reports and maps of neighboring States showing the location of islands and delimitation constructions. I asked the Head of theGroup for the opportunity to collect abroad those informations for a last check of Indonesian territory and delimitation lines based on foreign maps . Malaysian maps were made by the British who had been using datum that were different from those of the maps of tile former Netherlands East-Indies. In this connection, I was aware of numbers of foreign maps which showed the international boundary between Indonesia and Malaysia running due east from the Island of Sebatik along the 4° 10'N parallel established by the 1891 Convention between The Netherlandsand Great Britain.
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Reid, Jean Margo. "LEGAL ACCEPTANCE OF ACCOUNTING PRINCIPLES IN GREAT BRITAIN AND THE UNITED STATES: SOME LESSONS FROM HISTORY." Accounting Historians Journal 15, no. 1 (March 1, 1988): 1–27. http://dx.doi.org/10.2308/0148-4184.15.1.1.
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This paper examines and contrasts nineteenth century case law in Great Britain and the United States in which courts had to decide whether to accept accounting concepts having to do with making provisions for depreciation, amortization and depletion. It should be emphasized that the courts were not arguing about accounting theory, per se; they were deciding particular disputes, which depended on the meaning in each case of pro its. By 1889, when Lee v. Neuchatel Asphalte Company was decided, British courts had rejected accepted fixed asset accounting conventions in determining profits in tax, dividend, and other cases while United States courts accepted these conventions, except in the case of wasting asset companies. This historical contrast is of particular interest because a recent reversal of these countries legal stances has occurred through legislation. In the United States, the Revised Model Business Corporation Act and the legislatures of several states have now rejected accounting concepts of profit as the legal test for dividends and other shareholder distributions. The reasons for this rejection appear to be similar to those used by the British Court of Appeal nearly 100 years ago. In Great Britain, on the other hand, the 1980 Companies Act reverses much of the Lee case and places on accountants new responsibilities for determining whether company distributions to shareholders would violate the capital maintenance provisions of the act.
11
Gibson, Gary M. "Justice Delayed is Justice Denied." Ontario History 108, no. 2 (July 23, 2018): 156–88. http://dx.doi.org/10.7202/1050593ar.
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In 1811, William and James Crooks of Niagara built the schooner Lord Nelson. A year later, that vessel was seized by the United States Navy for violating American law, beginning a case unique in the relations between the United States, Great Britain and Canada. Although the seizure was declared illegal by an American court, settlement was delayed by actions taken (or not taken) by the American courts, Congress and the executive, the Canadian provincial and national governments, the British government, wars, rebellions, crime, international disputes and tribunals. It was 1930 before twenty-five descendants of the two brothers finally received any money.
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Bradley, Patricia. "The Boston Gazette and Slavery as Revolutionary Propaganda." Journalism & Mass Communication Quarterly 72, no. 3 (September 1995): 581–96. http://dx.doi.org/10.1177/107769909507200309.
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Boston Gazette content in the six years prior to the Declaration of Independence revealed the slavery issue was used to unite patriot fervor under a proslavery position. Specifically, the Gazette misguided readers regarding the 1772 decision in which the American slave James Somerset was freed by a British court, chose not to reflect the debate on slavery under way in other colonial newspapers, selected items that promoted Southern patriarchy, and appropriated the word “slavery” as a metaphor representing colonial America vis-à-vis Great Britain. The author concludes such use was deliberate as part of the propagandistic mission of the Gazette.
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Logvynenko, M. I., and M. G. Shunko. "Comparative characteristics of intellectual property judges: Ukraine, United Kingdom, USA." Legal horizons, no. 23 (2020): 107–11. http://dx.doi.org/10.21272/legalhorizons.2020.i23.p107.
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The article deals with the comparative characterization of specialized courts for the protection of intellectual property rights in Ukraine and developed foreign countries, such as Great Britain and the USA. The article deals with the historical background of the creation of a specialized court on intellectual property in Ukraine, as well as the legal systems in the field of protection of intellectual property rights of Great Britain and the USA, the analysis and consideration of the current judicial systems – in the consideration of civil and criminal cases in the field of intellectual property. property, litigation of the patent authorities of England and Wales, types of specialized courts and their unique procedural features. The nuances and practice of law enforcement activities of judges in the United States, the types and levels of penalties in civil and criminal cases, as well as the divergence of lawsuits and pre-trial procedural arrangements are outlined. The article reveals the similarity of the UK and US legal systems with those currently in force in Ukraine in dealing with intellectual property cases. The identified deficiencies relate to territorial inaccessibility, instances of inconsistency, and imperfection of the judicial system, as well as the defects of the national intellectual property and legal frameworks in place in comparison with the United Kingdom and the United States of America in the field of intellectual property. After researching and analyzing the intellectual property rights protection systems of leading countries in the world, such as England and the United States of America, the conclusions were clearly drawn as to the advisability of setting up a specialized court on intellectual property in Ukraine and the risks involved.
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Kennett, Wendy. "I. Jurisdiction." International and Comparative Law Quarterly 48, no. 4 (October 1999): 966–69. http://dx.doi.org/10.1017/s002058930006379x.
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The well established rule that an overseas company that establishes a place of business in Great Britain and does not provide an address for service can be served with process at that place of business1 was thrown into confusion by the insertion into the 1985 Companies Act of several new provisions including a new section 694A(2) which provides that process may only be served on a branch “in respect of the carrying on of the business of the branch”.2 The new rules did not purport to change the situation in relation to a place of business falling short of a branch, and thus created the anomaly that it was apparently easier to serve a place of business than a branch. The proper interpretation of these rules arose in Saab v. Saudi American Bank (Court of Appeal, 2 July 1999).3 Before the case was heard by the Court of Appeal, the new Civil Procedure Rules entered into force on 26 April 1999. Under Part 62(2):A company may be served by any method permitted under this Part as an alternative to the methods of service set out in—(a) section 725 of the Companies Act 1985 (service by leaving a document at or posting it to an authorised place);(b) section 695 of that Act (service on overseas companies); and(c) section 694A of that Act (service of documents on companies incorporated outside the UK and Gibraltar and having a branch in Great Britain).Under Part 6.5(6) where a party has not given an address for service, a document may be served on a company not registered in England and Wales at “any place of business of the company within the jurisdiction.”
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Ervo, Laura. "The hidden meanings in the case law of the European Court for Human Rights." Semiotica 2016, no. 209 (March 1, 2016): 209–30. http://dx.doi.org/10.1515/sem-2016-0009.
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AbstractIn my paper, I will study the case law of the European Court of Human Rights by using discourse analysis as a method. My hypothesis is that the court has changed its line concerning the right to a fair trial (in article 6 of the European Convention for Human Rights) over the last twenty years. Earlier, it always defended the rights of the accused and the authorities’ problems, for instance, in fact gathering, were recessive. The same covered the rights of the witnesses even if the court usually confessed that also the witness has their rights, which should be respected. It also stressed that authorities of course have difficulties with proof – for example – the offences that are connected with the organized crime. Still, the rights of defense were always number one and inviolate. During recent years, the line seems to have changed even if the court has not transparently said so. However, it has given some new precedents by the Grand Chamber where the rights of the defense have been limited more than before; for instance, the cases Jalloh v. Germany (11 July 2006), Gäfgen v. Germany (1 June 2010), and Al-Khawaja and Tahery v. Great Britain (15 December 2011). The expressions used in case law show that the way of thinking has changed as well. Still, the changes are sometimes more hidden than transparent where discourse analysis is the only tool for catching the changes and showing differences in the thinking of the court.
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Erling, Uwe M. "The Court of Justice of the European Union: Air Transport Association of America (Ata) et al. v. Secretary of State for Energy & Climate Change." International Legal Materials 51, no. 3 (June 2012): 535–62. http://dx.doi.org/10.5305/intelegamate.51.3.0535.
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On December 21, 2011, the Court of Justice of the European Union (‘‘ECJ’’) issued a long-awaited judgment in a reference for preliminary ruling in proceedings brought by the Air Transport Association of America, American Airlines, Inc., Continental Airlines, Inc., and United Airlines, Inc. (‘‘ATA and others’’) against the Secretary of State for Energy and Climate Change of the United Kingdom of Great Britain and Northern Ireland. The judgment intends to clarify the highly contentious issue of whether the application of the EU Emissions Trading Scheme (‘‘EU ETS’’) to aviation activities under the Directive 2008/101/EC is compatible with international law, and whether it violates the sovereignty of other states or the freedom of the high seas.
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Esherick, Joseph W. "The Origins of the Boxer War: A Multinational Study. By Lanxin Xiang. [London: RoutledgeCurzon, 2003. xvii +382 pp. $80.00. ISBN 0-7007-1563-0.]." China Quarterly 176 (December 2003): 1110–12. http://dx.doi.org/10.1017/s0305741003370638.
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This old-fashioned political and diplomatic history of the conflict between the Qing court and foreign powers in 1900 makes a significant, if not always convincing, contribution to our understanding of the Boxer troubles. Arguing that previous studies have been flawed by an excessive focus on “the so-called ‘Boxer Rebellion’ ” (p. vii), this book focuses on how the Qing court came to declare war on the foreign powers in June of 1900. Its close analysis of court politics and actions of the foreign diplomatic corps in Beijing makes excellent use of archival records from Belgium, China, France, Germany, Great Britain, Italy, and the United States plus published documents from Russia and Japan – an impressive research accomplishment that adds an important new dimension to our understanding this critical moment in modern Chinese history.In four chapters tracing the background to the Boxer incident, Xiang argues that the death of Prince Gong in 1898 deprived the Qing court of a critical balancing figure. When southern reformers overplayed their hand in the 1898 reforms, the Empress Dowager responded in a coup that brought an incompetent group of ultra-conservative Manchu princelings to power. At the same time, a new kind of imperialism representing an “unholy alliance” of nationalist elites, commercial interests and Christian missionaries threatened China with the scramble for concessions. Xiang is particularly effective in describing the catch-up imperialism of Germany, spurred by the erratic Catholic bishop Anzer, and the “theatrical performance” of the Italians, whose rebuff by the Qing court emboldened the conservative princes.
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Dingle, Lesley, and Bradley Miller. "A summary of recent constitutional reform in the United Kingdom." International Journal of Legal Information 33, no. 1 (2005): 71–102. http://dx.doi.org/10.1017/s0731126500004650.
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The United Kingdom of Great Britain and Northern Ireland consists of four countries: England, Northern Ireland, Scotland and Wales. Legislative competence for the UK resides in the Westminster Parliament, but there are three legal systems (England and Wales, Northern Ireland, and Scotland) with separate courts and legal professions. These legal systems have a unified final court of appeal in the House of Lords. The Isle of Man, and the two Channel Islands (Guernsey and Jersey) are not part of the UK, but possessions of the crown. Although their citizens are subject to the British Nationality Act 1981, the islands have their own legal systems. They are represented by the UK government for the purposes of international relations, but are not formal members of the European Union.
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Vladimirovich, Bilalov Alexey, Golubtsov Valery Gennadievich, Makolkin Nikita Nikolayevich, and Khasanshin Ramil Ilgizovich. "Electronic evidence in civil proceedings." Laplage em Revista 6, Extra-A (December 14, 2020): 23–27. http://dx.doi.org/10.24115/s2446-622020206extra-a551p.23-27.
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This article examines the issues of electronic evidence - their legal nature, the procedure for a party disclosing and evaluation by the court. The author analyzes the works of both Russian and foreign experts on civil procedure, as well as on the issues of electronic technology. Furthermore, the authors have examined the previous related studies of Russian and foreign scholars, legislation of Great Britain, Germany, France and European experience represented by EU directives. In this study, it is attempted to consider not only the issues of exclusively legal analysis, but also the philosophy of proof. This term is actively used in foreign legal science, and there is a much broader legal methodology, that is, a general scientific methodology and an interdisciplinary approach are used actively.
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Szymura, Mateusz. "Kilka uwag o genezie i roli Sądu Sesji w Królestwie Szkocji (1532–1707)." Prawo 330 (November 9, 2020): 29–39. http://dx.doi.org/10.19195/0524-4544.330.2.
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Some remarks on the origins and role of the Court of Session in the Kingdom of Scotland (1532–1707)The purpose of this article is to illustrate the origins and evolution of the central court of the Kingdom of Scotland from its inception in 1532 until the end of the Kingdom as an independent entity of international law following its establishment in 1707 of the United Kingdom of Great Britain. The analysis of the structure of the court is based on the laws of the old Scottish Parliament, and the main thesis of the study is the evolutionary nature of the provisions constituting the Court of Sessions which, on the one hand, were a continuation of the King’s previous jurisdictional powers and, on the other hand, were part of a wider trend towards separation of central courts from the royal councils in European monarchies.
Einige Bemerkungen zur Genese und Bedeutung von "Court of Session" im Königreich Schottland (1532–1707)Gegenstand dieses Beitrages ist die Darstellung der Genese und der Evolution des zentralen Gerichtes im Königreich Schottland in der Zeit von seiner Entstehung im Jahre 1532 bis zum Ende des Königreiches als ein unabhängiges Subjekt des internationalen Rechtes, infolge der Entstehung im Jahre 1707 des Vereinigten Königreiches von Großbritannien. Grundlage der Analyse der Struktur des Gerichtes stellen die Gesetze des ehemaligen schottischen Parlamentes und die wichtigste These der Bearbeitung stellt der evolutionäre Charakter der Lösungen dar, die zur Gründung von Court of Session geführt haben. Diese stellten einerseits die Fortführung der früheren Befugnisse des Königs im Bereich Jurisdiktion, andererseits aber waren sie in den europäischen Monarchien ein Teil der umfassenderen Bewegung der Aussonderung der Zentralgerichte aus der Institution der königlichen Räte.
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Galbraith, John S. "Britain and American Railway Promoters In Late Nineteenth Century Persia." Albion 21, no. 2 (1989): 248–62. http://dx.doi.org/10.2307/4049928.
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Within the last generation there has been a vast outpouring of scholarship on the characteristics of British imperial policy in the latter half of the nineteenth century. The older orthodoxy that the mid-Victorian years were dominated by a commitment to laissez faire and free trade has been demolished. In the new era scholars quarrel over how “imperial” was “informal empire.” This article is not intended to add to this controversy, but rather to provide insight into the character of British policy in one area, Persia, during the last quarter of the nineteenth century, with particular emphasis on American efforts to build railways and British responses to this attempted intrusion into an exclusive British-Russian sphere of influence.For both Russia and Britain Persia had great strategic significance. Like Afghanistan, “the walls of the Indian garden,” Persia was important primarily in relation to the defense of the Indian Empire. Russian expansion to the borders of Persia, a weak state, posed the threat that the country would fall under Russian influence and what had been a buffer would become a menace.British interest in Persia thus involved a strong strategic component which affected economic policy. Unlike Afghanistan it was seen as a promising market for British goods, particularly if transportation to the interior of Persia could be opened up on the Karun River and if British capital could be attracted to build a network of railways which could be a further basis for controlling the Persian economy and thus contributing to British influence at the Persian court. At the same time Britain was determined to thwart Russian plans for railways in the north which could be used to transport troops to the borders of Persia and eventually beyond. Each power assumed the malevolent intent of the other and each was determined to frustrate these foul plans.
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Romanova, Valeria E. "Rendering of Qualified Legal Assistance by an Attorney and Carrying out of Judicial Proceedings in the Period of the Spread of the New Coronavirus Infection (Covid-19): An Analysis of the Experience of Russia and Great Britain." Advocate’s practice 2 (April 1, 2021): 58–62. http://dx.doi.org/10.18572/1999-4826-2021-2-58-62.
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This article discusses the features of the provision of qualified legal assistance by an attorney and conducting court proceedings during the spread of a new coronavirus infection, as well as technical solutions for continuation of work in a remote format. The author of the article provides analysis of the experience of working in Russia and the UK. The article also raises the question of the digitalization of legal services and the new directions for the provision of legal assistance by attorneys and conducting court proceedings within the framework of the forced accelerated technical development of society.
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Magnusson, Jennie. "A Question of Definition – The Concept of Internal Armed Conflict in the Swedish Aliens Act." European Journal of Migration and Law 10, no. 4 (2008): 381–409. http://dx.doi.org/10.1163/157181608x376863.
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AbstractFleeing the horrors of an internal armed conflict constitutes a ground for subsidiary protection under the Qualification Directive and in the Swedish Aliens Act. However, what is to be defined as such a conflict is disputed. This is obvious within the European context from the inconsistent interpretations of for example the situation in Iraq amongst Member States. In Sweden, the Migration Court of Appeal established the situation in Iraq as severe, but as not amounting to an armed conflict. In France and Great Britain however, Iraq is regarded as such a conflict. The argument of this article is that the concept of internal armed conflict in the Swedish Aliens Law is incoherent and inadequate. This is due to the fact that the Swedish interpretation is based upon international humanitarian law, a law which provides an unclear and anachronistic concept of internal armed conflict.
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Poulter, Sebastian. "African Customs in an English Setting: Legal and Policy Aspects of Recognition." Journal of African Law 31, no. 1-2 (1987): 207–25. http://dx.doi.org/10.1017/s0021855300009335.
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Although there are no reliable, detailed official figures as to the present ethnic composition of the population of Great Britain, a recent survey by the Office of Population Censuses and Surveys has estimated that the number of Africans settled here is just over 100,000. Many more, of course, arrive in Britain each year as students or visitors. Indeed, in 1986 the volume of visitors from Nigeria and Ghana was considered by the British Government to be placing such burdens on immigration officials at the ports of entry that it was felt necessary to alter the immigration rules; people coming from those two countries now have to be in possession of visas before they arrive in the United Kingdom.The presence of a significant number of Africans in England today is nothing new. There were at least 10,000 here in the late eighteenth century and possibly as many as 30,000, at a time when the total population of the country was only about a sixth of what it is today. West African slaves were brought to England from the 1570s onward. Most of them were used as household servants, often by the aristocracy, and some were employed as court entertainers. Indeed, at the beginning of the sixteenth century Henry VII had a black trumpeter (of uncertain origin) in his retinue. Much earlier, Africans served as soldiers in the Roman legions which occupied Britain during the first four centuries A.D.
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Bağırlar, Belgin. "Racism in the 21st Century: Debbie Tucker Green’s Eye for Ear." European Journal of Behavioral Sciences 3, no. 3 (December 30, 2020): 1–11. http://dx.doi.org/10.33422/ejbs.v3i3.483.
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Does equality exist in the 21st century, or, are minorities still forced to fight for equality? In nineteenth century, Britain, racism was blatant in all spheres of cultural, social, and economic life to the point that it crossed over into literature and theatre. In 1978, UNESCO adopted the Universal Declaration of Human Rights. Forty years have since passed, but has it made any difference? Contemporary British playwright Debbie Tucker Green’s Eye for Ear (2018), staged at the Royal Court Theatre, reminds us that racism and inequality is still a key social-political issue. This three-act, avant-garde, colloquial play depicts how both African-Americans as well as Black British people still live with racism today. It also highlights racism’s linguistic and legal past. Tucker Green particularly focuses on the violent aspect of that racism through the lens of different characters: an academic, a black student, a black boy, and black parents. The play concludes with crushed hope, for it deduces that Caucasians both in the United States and in Great Britain still dominate practically every facet of society. This study will examine Green’s Ear for Eye, racial discrimination in the 21st century, and how Tucker Green projects her views upon her work through the theory of race and racism.
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Ataie, Iraj Jannatie. "Poems." Index on Censorship 17, no. 9 (October 1988): 30. http://dx.doi.org/10.1080/03064228808534537.
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Iraj Jannatie Ataie (b. 1947), renowned in Iran as a poet, playwright and songwriter, was imprisoned under the Shah and is now in exile from the Khomeini regime. He lives in Britain, where several of his plays have recently been staged to great critical acclaim. Prometheus in Evin, staged in Farsi at the Royal Court in London last year, was hailed by The Guardian as ‘a brilliant and compelling universal story … which must place [Ataie] in the forefront of international playwrights today’. The play, which examines with ruthless honesty the lot of. the intellectual under repressive regimes, has now been produced in English (in Ataie's own translation) by the Mazdak Theatre Group (Young Vic Studio, 3–22 October 1988). A benefit reading of Ataie's poems, in aid of the Kurdish refugees, will be held at the Young Vic on 16 October 1988. The poems below were written in English.
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Kolla, Edward J. "Maritime Intercourse and the Commercial Origins of the Alien Tort Statute." Journal of the History of International Law 18, no. 4 (August 30, 2016): 395–419. http://dx.doi.org/10.1163/15718050-12340070.
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The Alien Tort Statute (ats) is one of the greatest enigmas of American legal history. Enacted in 1789, it was little used until the late 1970s, when foreigners notably began seeking compensation under its terms for human rights abuses committed around the world. Recently, the us Supreme Court seemed to put an end to this practice – but the ats is still of interest to historians. After the American War of Independence, Great Britain and the United States maintained a robust trade and close economic relationship. Many Americans saw the perpetuation of these ties as essential to the new republic’s prosperity. The ats helped frame the United States’ mercantile associations in terms of customary maritime and trade law; in particular, evidence suggests it aimed to provide a mechanism in us courts for the remedy of commercial disputes, especially with Americans’ former imperial overlord, in accordance with the contemporary law of nations.
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Wong, Lawrence Wang-chi. "“A Style of Chinese Respect”: Lord Macartney’s Reply to the Imperial Edicts of Emperor Qianlong in 1793." Journal of Cultural Interaction in East Asia 12, no. 1 (June 1, 2021): 8–28. http://dx.doi.org/10.1515/jciea-2021-2002.
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Abstract In 1793, King George III of Great Britain sent an official embassy led by Lord George Macartney to China in the hope of getting more favourable trading terms. However, all the requests made by Lord Macartney were rejected flatly in two imperial edicts issued by the Chinese Emperor Qianlong when the embassy was about to leave China. The present paper focuses on Lord Macartney’s response to the two imperial edicts, in particular the official reply Macartney made to the Qing court in the form of a “note” to Heshen before the embassy left China. In the note, Macartney touched upon several important issues, including the sensitive one about the relative status of the two countries. To Macartney, these issues were so crucial that he felt obliged to make a response promptly. The tactful way adopted by Macartney to handle them deserves our special attention.
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Kaminska, I. V. "Court of Justice of the European Union: historiography of European sources published in the period 1957-1992." INTERPRETATION OF LAW: FROM THE THEORY TO THE PRACTICE, no. 12 (2021): 292–99. http://dx.doi.org/10.33663/2524-017x-2021-12-49.
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Before proceeding to the analysis and characterization of foreign publications, all the sources we found were systematized according to the time criterion, according to which all the publications found, which in one way or another examined the Court of Justice, we divided into three periods, namely: I period (1957–1992); II period (1992–2007); III period (2007-present). The division was based on the periodization of the development of European integration, or rather its main stages. And the period – the creation and functioning of the European Communities (from the Treaties of Rome to the signing of the Maastricht Treaty); II period – the formation of the European Union (signing of the Maastricht, Amsterdam, Nice treaties); Period III – the functioning of the European Union in its modern form (after the signing of the Lisbon Treaty and until now). Thanks to this systematization, we were able to demonstrate what topics were relevant among scholars in a particular period of development of integration and functioning of the Court of Justice. The main presentation of the material is devoted to the results of the analysis of foreign scientific publications concerning the principles of organization and functioning of the Court of Justice published in the period 1957–1992. We found that most scientific papers were published by scientists from Great Britain, Italy, Belgium, Luxembourg, Germany, France which account for a significant share of the work of judges and Advocates-General of the Court of Justice. All foreign sources published in this period were analyzed by us on the subject of research and grouped by subject. Thus, we found that in the period 1957–1992.current research topics on the Court of Justice of the EU were: protection of individuals in the EU law and order; methods of interpretation in the decision of the Court of Justice of the EU; judicial control in the EU; the legal nature of the interaction between national judicial institutions and the Court of Justice and their impact on the uniform application of the Community legal order and its organic combination with the national legal order; judicial activism; principles of EU law; the role of EU judges in the development of European integration. Keywords: EU Court, judicial activism, EU legal order, principles of EU law, EU court decision.
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Шерстобоев, Олег, and Oleg Sherstoboev. "The Doctrine of Proper Judicial Protection in Administrative Law (on the Example of Expulsion of Foreign Nationals)." Journal of Russian Law 2, no. 2 (January 20, 2014): 68–79. http://dx.doi.org/10.12737/2241.
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Proper judicial protection is an aggregate of legal norms, principles, doctrines that allow maximum guarantee for fair treatment of an administrative dispute, in particular, relating to expulsion of foreign nationals. Among basic means that guarantee a proper settlement of a dispute, one can name the right to appeal the act of public administration, the right to independence of a body, considering the case, the right to qualified legal assistance, competition, completeness of supervision. The author of the article reviews standings of the European Court of Human Rights, as well as the legislation and practice of the USA, Great Britain, Germany and Russia on the issue of judicial protection of foreign nationals, deported from their territory. As a result of the analysis, the author outlines three models of the provided judicial protection: limited, selective and complete. Each model has its pluses and minuses, but from a theoretical point of view the best variant is a complete model of judicial protection.
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Fielding, Henry. "A Charge Delivered to the Grand Jury, At the Sessions of the Peace Held for the City and Liberty of Westminster, &c. On Thursday the 29th of June, 1749." Camden Fourth Series 43 (July 1992): 325–43. http://dx.doi.org/10.1017/s0068690500001690.
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of our Lord the King, holden at the Town Court-House near Westminster-Hall, in and for the Liberty of the Dean and Chapter of the Collegiate Church of St. Peter, Westminster, the City, Borough, and Town of Westminster, in the County of Middlesex, and St. Martin le Grand, London, on Thursday the Twentyninth Day of June, in the Twenty-third Tear of the Reign of our Sovereign Lord George the Second, King of Great-Britain, &c. before Henry Fielding, Esq; the Right Hon. George Lord Carpenter, Sir John Crosse, Baronet, George Huddleston, James Crofts, Gabriel Fowace, John Upton, Thomas Ellys, Thomas Smith, George Payne, William Walmsley, William Young, Peter Elers, Martin Clare, Thomas Lediard, Henry Trent, Daniel Gach, James Fraser, Esquires, and others their fellows, Justices of our said Lord the King, assigned to keep the Peace of the said Liberty, and also to hear and determine divers Felonies, Trespasses, and other Misdeeds done and committed within the said Liberty.
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Smilianskaia, Elena Borisovna. "Catherine II’s Anglophilia and Lord Cathcart’s “Extraordinary Embassy” in St. Petersburg, 1768–1772." Journal of Modern Russian History and Historiography 12, no. 1 (September 23, 2019): 224–44. http://dx.doi.org/10.1163/22102388-01201009.
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Looking at eighteenth-century relations between Russia and the West through the prism of diplomatic culture and rituals, this article concentrates on a “happy period” in Anglo-Russian contacts in 1768–1772, when Sir Charles Cathcart was dispatched to St. Petersburg to negotiate a treaty between the British and Russian Empires. The article argues that close relations between Great Britain and Russia at that time influenced ceremonial practices, individual contacts, and the transfer of the British culture to the Russian court. Study of the Cathcart’s archive points to the peculiar character of his mission – to the leading role that he, as British ambassador, played among diplomats in Russia; to the role of his wife, who became the first ambassadrice officially presented to Catherine ii; to their residence, which they transformed into an exemplar of “British taste” in St. Petersburg. The Cathcart case study opens up new perspectives on the diplomats in the Age of the Enlightenment.
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Markova, Elena. "Offences committed using electronic means of payment by the country of the Saxon legal family (in the United Kingdom and the United States of America)." Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2020, no. 1 (April 8, 2020): 99–105. http://dx.doi.org/10.35750/2071-8284-2020-1-99-105.
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The article analyses the legal characteristics of the criminal laws of foreign States belonging to the Anglo-Saxon legal family (in the case of Great Britain and the United States of America) with regard to criminal liability for crimes committed by electronic means of payment. The peculiarities of this legal family are noted, which affect the position of the legislator with regard to the regulation of cybercrime, including the legal nature of criminal law; The importance of resolutions of the Royal (Westminster) Courts, the Supreme Court on the constitutionality or unconstitutional nature of ordinary («current») laws (USA), in Canada, Australia and other English-speaking States, in which acts of the highest courts on identical subjects have acquired special importance. Problems affecting criminal legislation have been identified: the de facto absence of systematic rules on the limits of the criminal law; There are contradictions between the written sources of criminal law (in particular with regard to fraud and computer crimes; Recognition of the interpretation of the law by sources of criminal law, etc.). It is noted that there is no Criminal Code in the UK, however, issues of criminal liability for computer crimes are regulated at the level of written law: in the Law on Computer Crimes the adoption of which was facilitated by the judicial precedent of 1988 (R v Gold & Schifreen), in the Law on Fraud of 2006, which classifies the elements of crimes committed in the form of fraudulent fraud. The peculiarities of the criminal law of the United States, which like Great Britain, does not have a codified system of criminal law at the federal level, are noted. An analysis of the two-tier legal system of the United States, the peculiarities of criminal liability for cybercrime in certain states, including FOR theft and fraud by the use of payment cards, has been carried out.
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Bakhteyev, Dmitriy V., and Lyudmila V. Tarasova. "The application of artificial intelligence in commercial courts of the Russian Federation: perspectives and issues." Vestnik of Kostroma State University 26, no. 4 (January 28, 2021): 249–54. http://dx.doi.org/10.34216/1998-0817-2020-26-4-249-254.
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The article is devoted to the description of the main directions of artificial intelligence application in the Commercial courts of the Russian Federation – in analytical and organisational work, in the work on adjudication, analysis and interpretation of the rule of law, in control over the adoption and execution of court decisions, in forensic examination. The experience of using artificial intelligence systems in the judicial systems of the Great Britain, the USA, the Netherlands was analysed, and three main directions of using the AI in legal proceedings were distinguished. Based on the practice of using the AI systems, legislation, the principles of the European Ethical Charter for the use of the AI in judicial and law enforcement systems, researchers' forecasts, both the expected positive and possible negative consequences of the use of artificial intelligence in this area are indicated. Use of the AI in legal proceedings can optimise the work of the judicial system, contribute to the suppression of biased, subjective attitudes, corruption and the possibility of judicial error, and at the same time it causes some problems and risks. These include the abidance of ethical principles by the AI, the impossibility of ensuring transparency and verifiability of court decisions made by the artificial intelligence system, the lack of legislative consolidation and legality, and the protection of personal information. In the conclusion, recommendations for prevention of the negative impact of the introduction of the AI systems into arbitration proceedings are given.
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Тетяна Андріївна Цувіна. "Online courts and Online Dispute Resolution in terms of the international standard of access to justice: international experience." Problems of Legality, no. 149 (June 9, 2020): 62–79. http://dx.doi.org/10.21564/2414-990x.149.201782.
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The article is devoted to the analysis of the problem issues of the Online Dispute Resolution (ODR) through the prism of international standard of access to justice in civil matters. The first part of the article refers to terminological inconsistency, which is connected with using of three synonyms refering to IT-technologies in the area of civil justice, in particular cyberjustice, digital justice and e-justice. The author proposes to use term “e-justice”, which involves e-filing, electronic systems of assignment of cases, e-case-management, eDiscovery, ODR, electronic systems of court practice, using of Artificial Intelligence in civil proceedings. In the second part of the article the narrow and wide approach to the ODR are described. According to narrow approach ODR is described as online ADR. Wide approach to ODR includes online ADR as well as online courts. Today wide approach is more valid taking into account recent developments in the field of online courts in foreign countries. The third part of the article describes different types of online courts, in particular, online Civil Resolution Tribunal (British Columbia, Canada), Online Solutions Court (Great Britain) etc. The author analyzes current innovations in the structure of online courts, connected with integration of information systems and online ADR into the online courts platforms. Special attention is paid to the use of Artificial Legal Intelligence in courts with references to advantages and challenges of such innovations.
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Duguid, Paul. "French Connections: The International Propagation of Trademarks in the Nineteenth Century." Enterprise & Society 10, no. 1 (March 2009): 3–37. http://dx.doi.org/10.1017/s1467222700007837.
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The history of modern brands depends to a significant degree on the history of trademark law, but there are reasons to doubt how comprehensive standard versions of the latter history are. Business, economic, and even legal historians tend to accentuate the importance of the Anglo-Saxon common-law tradition and assume that the continental, civil law tradition followed in its wake. Yet the historical sequence of events suggests that almost exactly the opposite is true. Not only did the French have robust trademark law long before Great Britain and the United States, but the latter two countries only adopted trademark law after signing trademark clauses in diplomatic treaties with France. Drawing on newspaper accounts, public debates, specialist and general newspapers, as well as court cases and diplomatic negotiations, this paper argues that, to a certain degree, Anglo-Saxon trademark law was international before it was national. The evidence suggests that some of the easy verities on which arguments about modern brands, the “second industrial revolution,” and institutional economics are based may be more complex than is generally assumed.
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Corby, Susan, Pete Burgess, Armin Höland, Hélène Michel, and Laurent Willemez. "Lay and Professional Judges in Europe’s Labour Courts: Does the Professional Judge Dominate?" Industrial Law Journal 49, no. 2 (August 23, 2019): 231–57. http://dx.doi.org/10.1093/indlaw/dwz012.
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Abstract Several European countries have a first instance ‘mixed’ labour court, that is a judicial panel comprising a professional judge and two or more lay judges, the latter with experience as employees or employers/managers. The lay judges’ main contribution is their workplace knowledge, but they act in a juridical setting where legal norms prevail, so does the professional judge, despite being in a minority, dominate? This article seeks to address this question by focussing on first instance labour courts in Great Britain, Germany and France. Theories of differential power, particularly status characteristics theory, and previous empirical research indicate that professional judges dominate, but our findings are more nuanced. Based on 177 interviews in three countries, we find that professional judge dominance varies according to the country’s institutional context and the salience of lay judges’ workplace knowledge. These institutional differences, however, are mediated by the attitudes of the judicial actors. Many interviewees noted that some lay judges were more prepared to challenge the professional judge than others, whereas others observed that some professional judges were more inclusive than others.
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Mendzhul, Marija V., Andrianna Yu Badyda, Yuliia I. Fetko, Roman M. Fridmanskyy, and Viktoriia I. Fridmanska. "Eutanasia: legal regulation in european countries and prospects for legalization in Ukraine." LAPLAGE EM REVISTA 7, no. 3 (August 26, 2021): 479–86. http://dx.doi.org/10.24115/s2446-62202021731334p.479-486.
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The article is devoted to a comparative legal study of the legalization of euthanasia in European countries and Ukraine. The authors have investigated the changes in the ECHR positions in the consideration of cases of euthanasia and assisted suicide. We concluded that the decisions of the European Court of Human Rights include an attempt to guarantee a balance in the right to choose the moment of death and the rights that are protected by 2 and 8 of the Convention on Human Rights and Fundamental Freedoms. The ECHR practice has been found to also influence the legalization of euthanasia in European states. Analysis of the laws of several European states in the context of legalizing the institution of euthanasia allowed us to group them as follows: European states that have legalized euthanasia (Netherlands, Belgium, Luxembourg, Switzerland, and Spain); European states that have legalized only passive euthanasia (Great Britain, Ireland, Latvia, Norway, Slovak Republic, Finland, Sweden, and Hungary); and European states that prohibit any kind of euthanasia (France, Poland, Romania, etc.).
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Bullion, John L. "“To know this is the true essential business of a king”: The Prince of Wales and the Study of Public Finance, 1755–1760." Albion 18, no. 3 (1986): 429–54. http://dx.doi.org/10.2307/4049983.
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By the middle of the eighteenth century, the growth of the national debt, the burden of the taxes necessary to support it, and the effect of this system of public finance on the politics, economy, and society of Britain, deeply concerned politicians in opposition. Their frequent expressions of concern were sufficiently persuasive to induce similar apprehensions on occasion in politicians at court. In 1753, when the national debt was a little over £74,000,000, earl Waldegrave, a personal favorite of George II, felt compelled to tell the House of Lords about a “consideration of very great importance, … the state of our national debt [and] the heavy taxes which are the consequences of this debt.” The situation required, he went on, “prudent measures of government, with that strict national economy which must be our only remedy.” Waldegrave did not go so far as to believe the nation was on the verge of collapse. As he pointed out, “a country and a government like ours has so many and so great resources, that we may bear a great deal and still be in a flourishing condition.” “Yet as long as this evil does subsist,” he warned the House, “we can never expect fully to exert our proper strength.” He concluded, “Till this burden is removed it will remain a check to our trade, will be still heavier on the landed interest, must lessen our credit and influence abroad, and will be a cause of discontent if not of disaffection at home.”
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de Blois, Matthijs. "The Unique Character of the Mandate for Palestine." Israel Law Review 49, no. 3 (October 21, 2016): 365–89. http://dx.doi.org/10.1017/s0021223716000212.
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The Mandate for Palestine has a unique character regarding both its beneficiaries, the Jewish people, wherever they live, and the obligations of the Mandatory power. At the same time it has been a burdensome stone right from the beginning. Representatives of Palestinian Arabs have rejected it as being incompatible with their right to self-determination. The policies of Great Britain, the Mandatory power, show a gradual departure from its obligations. The establishment of the Jewish national home became, instead of the primary obligation, just one of the duties of equal weight and content as others under the Mandate. Following the establishment of the State of Israel, the relevance of the mandatory system in the light of Article 80 of the UN Charter has been recognised, inter alia, by the International Court of Justice. The unique character of the Palestine Mandate, however, has been kept under wraps. Some academic writings and legal actions by the Palestinians now offer a radical revisionism, which uses the Mandate as the legal basis for a Palestinian state. This trend is not without consequences for the recognition of Israel as a Jewish state and for the right of the Palestinians to self-determination.
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Yanovska, Oleksandra H., Oksana P. Kuchynska, and Alona V. Chuhaievska. "REALIZATION OF THE RIGHT TO HEALTHCARE OF CONVICTED WITH SERIOUS ILLNESS." Wiadomości Lekarskie 73, no. 12 (2020): 2780–84. http://dx.doi.org/10.36740/wlek202012213.
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The aim of the study is to analyze the features of realization mechanism of the rights of convicted persons suffering from a serious illness to release from serving a sentence in order to receive the necessary treatment. Materials and methods: this study uses a set of methods of scientific knowledge. The empirical basis of the study is the statistics of the State Judicial Administration of Ukraine for 2015-2019 on convicts released from punishment due to their serious illness, statistical materials and case law of Turkey, Georgia, Great Britain, Germany and Greece, generalization of judicial practice of Ukraine, and the personal experience of one of the co-authors of more than 20 years as a lawyer and for 3 years as a judge of the Supreme Court. Conclusions: in order to protect the persons; interests serving sentences and suffering from serious illness, government mechanisms should provide flexibility in the approach to assessing the health of each person, and not just the detection of disease; the authorities assessing the convict's state of health must be independent, and a prisoner must be able to choose physicians not only for treatment but also for assessment of his/her state of health.
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Vilchyk, Tetiana, Alla Sokolova, and Tetiana Demchyna. "Regulation of advocacy profession: global trends." Cuestiones Políticas 39, no. 69 (July 17, 2021): 689–706. http://dx.doi.org/10.46398/cuestpol.3969.43.
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The objective of the article is to analyze the regulation of the legal profession and its global trends. There are many different types of regulators globally, and many different sources and methods of regulation. There is no simple approach to setting goals for regulating the legal profession in different legal systems. Although self-regulation of the legal profession is considered the basis for adhering to the standard of its independence, at the same time, academics recognize the existence of the theory of the management of the legal profession. To study these problems, the authors conducted a comparative study of the regulatory models of the legal profession in the world in terms of compliance with international standards of legal independence in different legal jurisdictions and made some suggestions to improve the legal regulation of the legal profession in Ukraine. Empirical sources for scientific research were international documents, court decisions, national legislation of Great Britain, Canada, the United States, Ireland, Scotland, Australia and others, and the work of scientists. The article uses general scientific methods - dialectic, analysis, synthesis, analogy, etc., and special methods, particularly legal, historical, and formal comparative law.
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Czapliński, Władysław. "Palestine v. US before the International Court of Justice?" Polish Review of International and European Law 8, no. 2 (August 20, 2020): 47–75. http://dx.doi.org/10.21697/priel.2019.8.2.02.
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In December 2017, the administration of President D. Trump decided to move the US embassy in Israel from Tel Aviv to Jerusalem. On 28.09.2018, Palestine initiated proceedings against the US in connection with the said transfer. According to the ICJ Statute, only the parties of concern can take part in the case before the Court. However, it does open the way for non-member countries that had presented a declaration of submission to the Court’s jurisdiction, to observe. If there are any doubts as to the validity or effects of the declarations, they are decided by the ICJ. In the present case, doubts are connected, in particular, with the status of Palestine as a State, with the status of Jerusalem and with the participation in the proceedings of all interested parties. It is unclear whether Palestine meets the criteria of statehood under international law,and the nation is far from being universally recognized. Nor may the GA Resolution 67/19 be viewed as sufficient collective recognition. Furthermore, we do have reasonable doubt as to whether this is sufficient collective recognition to be essentially constitutive of Palestine’s statehood. This situation is not changed by the acceptance by Palestine of the jurisdiction of the ICC nor accession to UNESCO and to a number of international treaties. On the other hand, the jurisdiction of Israel with respect to East Jerusalem is also disputed. Certain international bodies, including the UNSC, have expressed doubts equally regarding the incorporation of Jerusalem into Israel or that Palestine has claim to the city. The mere submission of a claim by Palestine does not prejudge the existence of a legal title to Jerusalem. The legitimation of Palestine to bring to international court a claim is thus disputable under the law on state responsibility. It is probable that the ICJ would avoid rendering a decision on merits of the dispute, doing so by referring to the principle of Monetary Gold that was formulated by the ICJ in a judgment on 15.06.1954 in a dispute between Italy, on the one hand, and Great Britain, France and the US, on the other. The subject of the dispute was the fate of gold owned by the National Bank of Albania, plundered by Germany in Rome in 1943.In accordance with an arrangement concluded at the Paris Conference on German reparations (14.01.1946), all gold found in Germany that was known to have been plundered was to be returned in proportional shares to the States concerned. In the case of Albania, however, difficulties appeared in connection with two issues: claims by some States (in particular Italy) resulting from nationalisation of the National Bank of Albania, and compensation in favour of the UK due to the ICJ judgement in the Corfu Channel. It was disputable whether the gold belonging formerly to Albania could be redistributed among the unsatisfied claimants without the consent of the Albanian State. The Tribunal avoided the problem and decided that it lacked jurisdiction. It refused to render judgment in a situation in which Albania did not participate in the trial; on the other hand, the ICJ has indicated on what terms Albania could join the proceedings. Albania did not meet the conditions, and the Court decided that it was unable to continue the proceeding.
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Enonchong, Nelson E. "Service of Process in England on Overseas Companies and Article 5(5) of the Brussels Convention." International and Comparative Law Quarterly 48, no. 4 (October 1999): 921–36. http://dx.doi.org/10.1017/s0020589300063752.
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It is generally accepted that, in actions in personam, the foundation of the court's jurisdiction at common law is the service of process.1 To this extent the rules as to service define the limits of the court's jurisdiction. So, for a claimant to establish the jurisdiction of the English court over an overseas company2 he must be able to serve process on the company in accordance with the rules of service. The general rule is that an overseas company, like an individual, may be served with process in England if present within the jurisdiction.3 However, since a company is only a legal (not natural) person, it cannot be present in the same way as an individual. It has therefore been necessary for special rules to be laid down by which it can be determined whether or not an overseas company is present in England and therefore may be served with process here. Before 1992 those rules were contained in sections 691 and 695 of the Companies Act 19854 (the pre-1992 regime). However, in 1992 the law was amended and a separate provision was laid down in section 694A of the Companies Act 1985 to regulate the service of process on any overseas company with a branch in Great Britain (the 1992 regime).
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Zagorodnikova, T. N. "Servant of Tsar and Motherland. Basil Oskarovitch von Klemm (1861–1938) in Bukhara Emirate." Journal of the Institute of Oriental Studies RAS, no. 1 (11) (2020): 115–25. http://dx.doi.org/10.31696/2618-7302-2020-1-115-125.
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From the very beginning of his adulthood Basil Oskarovitch von Klemm dreamed of the diplomatic career in the Orient. So he graduated from Lazarev Institute of Oriental Languages and after that from Training Department for Oriental Languages affiliated to the Asiatic Department of Ministry of Foreign Affairs. In summer of 1885 he began working in that Department and after a year was send to Bukhara Emirate to work as an interpreter in Russian Imperial Political Agency. The article concentrates on the beginning of Basil Oskarovitch von Klemm’s service in Central Asia, when he studied the traditional life of the Emirate and of the Emir’s court, the details and peculiarities of Oriental diplomacy, as well as etiquette, being the dragoman of the Agency in Bukhara Emirate. He acted instead of the Political Agent, when the latter was absent. The Attachment to the article contains the Report of B. O. von Klemm, where he analyzes the highly charged political situation in Bukhara and gives his recommendations on the ways to stabilize it and to deal with the ruler of the Emirate in order to appease him. The document shows the difference between the views of Russian Empire towards her vassal state and the views of Great Britain towards India.
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Ryabinina, T. K. "THE IMPACT OF LEGISLATION THE ANGLO-SAXON LEGAL SYSTEM ON THE REFORM OF THE RUSSIAN CRIMINAL PROCEDURE LAW." Proceedings of the Southwest State University 21, no. 5 (October 28, 2017): 178–84. http://dx.doi.org/10.21869/2223-1560-2017-21-5-182-189.
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The article discusses issues concerning the impact of legislation some countries Anglo-Saxon legal family on contemporary reform of Russian criminal procedure. The author raises the problem of community many of the legal provisions and institutions of Russian and Anglo-Saxon law. The work focuses on the fact that due to frequent legal stories, contradictory law-enforcement practice, the active work of the constitutional Court of the Russian Federation and Plenum of the Supreme Court of the Russian Federation which, by their individual decisions initiate new legislative changes, the reference to comparative legal study of foreign models of the criminal process is inevitable. The study used General scientific and special legal methods of studies: analysis and synthesis, legal modeling, formally-legal. The scientific novelty of the research lies in the author's approach to the study of the problem, which has not only theoretical but also practical importance, consists in the fact that, despite the seemingly opposite type of the Russian legal system related to civil law jurisdictions, and countries of the Anglo-American conglomerate, however, in fact, at the present time, there is the mutual influence and complementarity. In support of this thesis, the author made analysis of such a legal institution as a simplified procedure (in countries with Anglo-Saxon legal family called plea of guilt), which is in the form of a special order of judicial proceedings was introduced in the Russian criminal process. The Russian version of this procedure differs from Anglo-American, however, at its core, it is based on the legislative regulations of great Britain and the United States. The work is concluded that the main influence in Anglo-Saxon law is in the Russian criminal process is manifested in the extension of adversarial origins.
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Brisov, Yu V. "Responsibility of the Executive Body of a Legal Entity for Fraud." Actual Problems of Russian Law, no. 9 (October 5, 2019): 174–84. http://dx.doi.org/10.17803/1994-1471.2019.106.9.174-184.
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The paper discusses various legislative and enforcement approaches in the Russian Federation, USA, and Great Britain; compares the various provisions of the Plenums of the Supreme Arbitration Court of the Russian Federation and the Armed Forces of the Russian Federation on issues of good faith; analyzes the application of these provisions by the courts when considering issues of holding directors to account as a result of malpractice that entailed property damage. By the example of consideration of a number of key cases from the law enforcement practice of the courts of the Anglo-American system of law, the question of the use of tests is considered: objective and subjective integrity tests to regulate the issue of holding the executive body accountable. English and American courts resort to the criterion of good faith in very rare cases, and the fiduciary duty of directors in commercial companies was significantly limited. The approach used by the common law courts implies a minimal degree of court interference in the economic affairs of commercial companies. Holding the director accountable is allowed only in case of obvious neglect of duties or is considered in some cases based on the specific circumstances of the case. Russian courts often hold directors accountable not as a result of gross negligence or proven intentional actions by executive bodies to harm the company, but as a result of society not achieving the desired economic result. Besides, dishonesty compensates for obvious gaps in the internal corporate routine, which do not make it possible to precisely determine the boundaries of authority and the area of responsibility of the executive body. The author formulates a conclusion on the degree of admissible judicial discretion when applying the provisions on good faith to corporate relations as requiring special regulation.
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Brisov, Yu V. "Implementation of the Doctrine of Good Faith (Bona Fides) in Corporate Legal Relations." Actual Problems of Russian Law 1, no. 12 (January 20, 2020): 70–80. http://dx.doi.org/10.17803/1994-1471.2019.109.12.070-080.
Full textAbstract:
Good faith (bona fides) is presented in the Civil Code of the Russian Federation as a general principle and presumption. In resolving corporate disputes, the courts are governed by general principles of good faith. However, corporate relations have a specificity due to, inter alia, the variety of corporate forms. It can be assumed that the application of good faith provisions should also vary taking into account the characteristics of corporate patterns, the types and forms of corporate relations, subjective internal corporate circumstances. Common law countries have developed a system of good faith elements and special tests to apply the required requirement of good faith according to the context. A special place is given to fiduciary relations as a product of bona fides. The author has carried out a comparative analysis of the provisions of the Plenums of the Supreme Court of the Russian Federation, the Supreme Court of the Russian Federation and the law enforcement practice of Germany, the USA, Great Britain and Canada on the issues of good faith in the consideration of corporate disputes. Special attention is paid to the interrelation between corporate ethics and law. Examining a number of key cases from the law-enforcement practice of the courts of the Anglo-American system of law, the author substantiates the possibility of applying special tests, namely, objective and subjective good faith tests, to regulate matters related to the application of the rules of good faith from the Civil Code and special laws in dealing with corporate disputes. Special attention is paid to the role of courts and permissible discretion in the formation of standards of enforcement of blanket norms and general principles of law in corporate relations.
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MacQueen, Hector L. "Mixed Jurisdictions and Convergence: Scotland." International Journal of Legal Information 29, no. 2 (2001): 309–22. http://dx.doi.org/10.1017/s0731126500009446.
Full textAbstract:
There is an independent Scottish legal system today because, until the Union of the English and Scottish Crowns in 1603 and the Union of the Parliaments of the two countries in 1707, Scotland was an independent sovereign state. When King James VI of Scotland became James I of England and Great Britain in 1603, there was considerable interest in the possibility of establishing a single legal system for the newly united kingdoms, while during the Cromwellian interlude of the 1650s the possibility moved some way towards actuality. But the 1707 Act of Union showed a recognition that the establishment of a single legal system and body of law for the whole of the United Kingdom was not really a practical proposition, in articles which remain the formal basis for the continuing existence and independence of the Scottish law and legal system. Article XVIII provided for the continuation of Scots law after the Union, excepting only the ‘Laws concerning Regulation of Trade, Customs and … Excises', which were to ‘be the same in Scotland, from and after the Union, as in England.’ Change to Scots law was allowed under the Article, but in matters of ‘private right’ such change had to be for the ‘evident utility’ of the Scottish people. Only in matters of ‘public right’ might the aim be simply to make the law the same throughout the United Kingdom. Article XIX laid down that the principal Scottish courts, the Court of Session and the High Court of Justiciary, should ‘remain in all time coming’ as they were then constituted, and further provided that Scottish cases were not to be dealt with by the English courts ‘in Westminster-hall’ (which likewise continued to exist post-Union).
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Politova, Anna S., Mykhailo O. Akimov, and Liubov M. Knyazkova. "MENTAL DERANGEMENT AS A MANDATORY ELEMENT OF LIMITED SANITY." Wiadomości Lekarskie 73, no. 12 (2020): 2951–56. http://dx.doi.org/10.36740/wlek202012241.
Full textAbstract:
The aim: Complex analysis of theoretical and practical aspects of study of mental derangement as a mandatory element of limited sanity and development of new approaches to such state's assessment. Materials and methods: An analysis of criminal legislation and researches made by scientists from Brazil, Denmark, Great Britain, Portugal and the USA concerning mental derangements of persons who committed crimes and were considered as having limited sanity, publications in mass media, analytical materials, judicial practice (with the purpose to define certain types of crimes and types of mental derangements of such group of people) has been made. For comparison analysis within the framework of study of problems of mental derangement as a mandatory element of limited sanity 1422 court verdicts were selected from Unified Register of Court Rulings of Ukraine (as of August 2020) concerning persons who committed criminal offences under circumstances which allow to consider such persons as having limited sanity. The methods of statistical analysis, system structural method, method of legal phenomenon system analysis and comparative method were applied during the research. Conclusions: Due to significant increase of quantity of people with mental derangements it is necessary to envisage legally types of mental derangements qualified as limited sanity. This will allow to oblige bodies of criminal justice to conduct mandatory psychiatric examinations after all kinds of crimes when there are grounds to assume that the person during criminal offence commitment was not able to fully understand his (her) actions and (or) control. Consequently, every person having mental derangement and considered as having limited sanity should be subject of compulsory measures of medical care during sentencing, and duration of such care should be legally stipulated with regard to the type of mental derangement. To prevent commitment another crimes by persons with mental derangement and considered as having limited sanity it is necessary to develop correlation programs with certain schemes of treatment, separate categories of people in need of psychiatric help, relevant financing and coordination mechanisms for interaction between the law enforcement bodies and local governance.