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Journal articles on the topic 'Judicial developments'

Author: Grafiati

Published: 4 June 2021

Last updated: 16 February 2022

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1

Prechal, Sacha. "Effective Judicial Protection: some recent developments – moving to the essence." Review of European Administrative Law 13, no. 2 (July 24, 2020): 175–90. http://dx.doi.org/10.7590/187479820x15930701852319.

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This article looks briefly into the evolution of the principle of effective judicial protection in EU law and into the relationship between the different manifestations of that principle, which is by now given expression in Article 47 CFR, Article 19 TEU and various provisions of secondary law. Next, it focusses on recent developments in the case law of the Court of Justice of the EU, which concern two central aspects of the principle of effective judicial protection: the compliance with court judgments and the independence of the judiciary. As far as the first topic is concerned, two rather extreme cases addressed the issue what should be done, as a matter of EU law, in situations where a public authority refuses to comply with a final judicial decision. Then the article continues by discussing the independence of the judiciary as a key rationale for the principle of effective protection. In particular, it summarizes the increasingly detailed requirements to be satisfied in order to protect the independence of judges and indicates how an alleged lack of independence should be assessed in a concrete case.

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Šimonis, Mindaugas. "The Role of Judicial Ethics in Court Administration: From Setting the Objectives to Practical Implementation." Baltic Journal of Law & Politics 10, no. 1 (June 1, 2017): 90–123. http://dx.doi.org/10.1515/bjlp-2017-0004.

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Abstract A court administration striving to guarantee the independence and professionalism of the court and judges requires attention to judicial ethics. Judicial ethics as a system of professional values and as an institutional instrument of judiciary is an integral part of court administration which is based on the principle of self-regulation. The importance of court administration requires a scientific approach to its elements. Therefore, this article begins by providing analysis of the main objectives of judicial ethics and a comparative study on the European practices establishing judicial ethics. It also provides a systematic list of the basic principles of the conduct of judges that are established in different international standards and legal systems of different European countries. By analysing documents of different international institutions and codes of ethics of European countries, the author identifies a systematic structure and the fundamental starting point of modern judicial ethics. The methods of descriptive comparative analysis and observation of recent developments are dominant in this study. Reacting to the scientific problems and current needs of legal communities with regard to the enforcement of judicial ethics, the article presents approaches that could lead to increased effectiveness of ethics in the judiciary, as well as to the development of methods of enforcement of judicial ethics. The purpose of this article is not just to disclose the main international standards and regulations on judicial ethics in Europe, but also to make it practically valuable for developers of judicial ethics, taking into consideration the fact that recently many countries have been trying to reform and improve ethical systems in the judiciary. Given the limited scope of this article, other important elements of court administration and developing a comparative study of the content of judicial ethics and the jurisprudence of its implementation will be presented in future publications.

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3

Shah, Attaullah. "Impact of Judicial Efficiency on Debt Maturity Structure: Evidence from Judicial Districts of Pakistan." Pakistan Development Review 50, no. 4II (December 1, 2011): 663–82. http://dx.doi.org/10.30541/v50i4iipp.663-682.

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The debate over =why capital and bond markets remain under-developed in Pakistan‘ is more than two decades old. Several conceptual papers have highlighted causes responsible for the underdevelopment of these markets; however, not enough empirical evidence exists to support the theoretical claims. This paper tries to fill in this gap. Specifically, this paper draws on the recent developments in the area of law and finance to develop several hypotheses related to maturity of corporate debt and judicial efficiency. These hypotheses are tested using data of 370 firms listed at the Karachi Stock Exchange (KSE) and 27 districts high courts of Pakistan over the period 2000 to 2006. Results indicate that corporate debt-maturity decreases with the inefficiency of judiciary. Furthermore, results show that worsening judicial efficiency has greater negative effect on debt-maturity of small firms than on debt-maturity of large firms. Similarly, worsening judicial efficiency negatively affects debt-maturity ratios of firms with fewer tangible assets than debt-maturity ratio of firms with more tangible assets. JEL classification: G10, G21, G32 Keywords: Judicial Efficiency, Debt-maturity, KSE, Capital Market Development, Law and Finance

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4

Simanjuntak, Enrico. "Pengujian Perda dan Perdes Pasca Perubahan UU Pemda dan UU Desa." Jurnal Konstitusi 13, no. 3 (November 22, 2016): 639. http://dx.doi.org/10.31078/jk1338.

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The development of contemporary public law (both in the field of constitutional law and administrative law) in Indonesia was marked by the strengthening of the internal settlement administration assertion as a means of testing the legal norms of both abstract and concrete. With variations, in a legal dispute concerning the norms of concrete, these developments containing fragmentation models for partly governs how the advanced mechanism in the judiciary after taken administrative effort (eg, Law Administration) and some not at all set up (eg, Law Reform State Civil). Some of the latest legislation select general-abstract norm testing internally without linking them with the possibility of testing judicially by the judiciary, among others: Law on Local Government and Law Village. In both the legislation does not regulate how the mechanism of local regulation (Perda) or village laws (Perdes) canceled by the governor or regent / mayor, whether they can be tested back to the judiciary through judicial review mechanism. This paper intends to discuss how the implementation of the authority of judicial review by Supreme Court after the enactment Law of Local Goverment or Law of Village which is not regulated by the latest legal mechanism to test regional law in the form of regulation (local laws), including Perdes (Village Laws), whereas previous products or similar laws regulate otherwise.

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5

Craig, Paul. "Ultra Vires and the Foundations of Judicial Review." Cambridge Law Journal 57, no. 1 (March 1998): 63–90. http://dx.doi.org/10.1017/s0008197300134397.

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There is a growing literature concerning the role of the ultra vires doctrine and its place within administrative law. For some the doctrine is the central principle of administrative law, without which judicial intervention would rest on uncertain foundations. For others, it constitutes at best a harmless fiction, which is incapable of explaining all instances of judicial intervention, and at worst a device which allows the judiciary to conceal the real justifications for developments in judicial review. Christopher Forsyth falls into the former camp. He has written a vigorous defence of the ultra vires principle, contending that “it remains vital to the developed law of judicial review”. The purpose of this article is to contribute to the debate on this issue by putting the opposing view. The article will be divided into four sections.

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6

Hanert, Caireen E., and James R. Maclean. "Recent Judicial Developments of Interest to Energy Lawyers." Alberta Law Review 50, no. 2 (December 1, 2012): 437. http://dx.doi.org/10.29173/alr256.

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This article provides an overview of recent judicial developments of interest to energy lawyers. The authors summarize and provide commentary on recent Canadian case law in the areas of Aboriginal law, leases, joint operating agreements, surface rights, environmental law, contract law, taxation, privilege, employment law, conflict of laws, and limitations law.

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7

Robertson, Aidan. "Developments in Commercial Regulation and Judicial Review 2010." Judicial Review 16, no. 2 (June 2011): 94–112. http://dx.doi.org/10.5235/108546811796167811.

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8

Christie, Gordon. "Judicial Justification of Recent Developments in Aboriginal Law." Canadian journal of law and society 17, no. 2 (August 2002): 41–71. http://dx.doi.org/10.1017/s0829320100007249.

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RésuméPendant les dernières décennies, la Cour suprême du Canada a élaboré les conséquences de la constitutionalisation des droits autochtones. La jurisprudence a d'abord adopté une approche fondée sur les droits envers leur protection, les mettant dans une large mesure à l'abri d'intrusions législatives. Dans des décisions plus récentes toutefois, la Cour suprême à considérablement réduit le degré de protection dont ces droits jouissent. Elle a développe un ensemble de principes généraux sur la justification de l'activisme judiciaire, des principes qui s'appuient ultimement sur une vision du Canada comme démocratie constitutionnelle et le rôle du judiciaire dans une telle structure démocratique. L'article analyse les voies qui s'ouvrent à la Cour pour déployer les principes et la vision dont ils émanent, afin de justifier son activisme récent dans le domaine des droits des Autochtones

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9

Gallagher, Paul. "Future developments in judicial cooperation in criminal matters." ERA Forum 9, no. 4 (January 22, 2009): 495–517. http://dx.doi.org/10.1007/s12027-008-0092-1.

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10

Marshall, Jill. "Positive Obligations and Gender-based Violence: Judicial Developments." International Community Law Review 10, no. 2 (2008): 143–69. http://dx.doi.org/10.1163/187197308x311281.

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AbstractInternational human rights protection traditionally protects individuals from human rights violations committed by their own states. This has been criticised by many, and feminists in particular, as failing those who are violated in the 'private sphere', by actions perpetrated by non-state actors not the state itself. Yet protection from the actions of non-state actors is now increasingly falling within the ambit of international human rights law through positive obligations on states, particularly seen in the concept of due diligence. Developments in this area are analysed in this article with focus on recent decisions of international human rights judicial institutions on cases concerning gender-based violence to show how gender-based violations committed by non-state actors are increasingly being included and interpreted as human rights violations. Whilst not without problems, it is argued that the creativity and potential for protecting all persons from human rights violations is shown, particularly through developments towards a right to personal autonomy, identity and integrity.

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11

O'Neill, Aidan. "Constitutional Judicial Review in Scotland – Some Recent Developments." Judicial Review 14, no. 3 (September 2009): 267–90. http://dx.doi.org/10.1080/10854681.2009.11426613.

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12

Maurici, James, and Kimberley Ziya. "Developments in Judicial Review Practice and Procedure 2019." Judicial Review 24, no. 4 (October 2, 2019): 272–95. http://dx.doi.org/10.1080/10854681.2020.1712925.

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13

Grigg, Edward. "Joint Enterprise Liability: Recent Developments and Judicial Responses." Journal of Criminal Law 83, no. 2 (January 13, 2019): 128–35. http://dx.doi.org/10.1177/0022018318819150.

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This article reconsiders the decision in R v Jogee [2016] UKSC 8 and the merits of joint enterprise liability. The article is structured in three sections. First, it outlines the background to the appeal in Jogee and argues that the Supreme Court’s decision is welcome on both normative and jurisprudential grounds. Second, it considers subsequent academic criticism and the approaches taken by the High Court of Australia and Hong Kong Court of Final Appeal. Third, it responds to these differing perspectives and suggests that Jogee has left the law in a more satisfactory state, but that accessorial liability as a whole remains in need of further clarification.

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14

VIJAYAKUMAR, V. "Developments. Judicial Responses to Refugee Protection in India." International Journal of Refugee Law 12, no. 2 (April 1, 2000): 235–43. http://dx.doi.org/10.1093/ijrl/12.2.235.

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15

Feasby, Colin, Simon Baines, and Daina Kvisle. "Recent Judicial Developments of Interest to Energy Lawyers." Alberta Law Review 49, no. 2 (December 1, 2011): 427. http://dx.doi.org/10.29173/alr123.

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This article provides an overview of recent judicial developments of interest to energy lawyers. The authors summarize and provide commentary on recent Canadian case law in the areas of: Aboriginal law, administrative law, conflict of laws, contracts, environmental law, freehold leases, rights of first refusal, surface rights, unjust enrichment, and taxation.

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16

Morgan, Sonya, Michael J. Donaldson, and Robert Wood. "Recent Judicial Developments of Interest to Energy Lawyers." Alberta Law Review 52, no. 2 (January 5, 2015): 417. http://dx.doi.org/10.29173/alr7.

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This article summarizes a number of recent judgments applicable to the energy sector. Topics touched upon include the interpretation of freehold leases, rights of first refusal, farmout and royalty agreements, applicable limitation periods, recent developments in tort and civil procedure, and aboriginal and competition law.

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17

Burgess, Patrick W., Warren P. Foley, and Bradley D. McFadden. "Recent Judicial Developments of Interest to Energy Lawyers." Alberta Law Review 51, no. 2 (December 1, 2013): 401. http://dx.doi.org/10.29173/alr72.

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This article summarizes a number of recent judgments in the energy sector. These cases relate to a number of specific topics including receivership, employment, the duty to consult, freehold leases, contracts, and regulation. For each case, some background information is given, followed by a brief explanation of the facts, a summary of the decision, and some commentary on the decision.

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18

Tiede, Wolfgang, and Oscar Rennalls. "Recent Developments in the Ukrainian Judicial System and the Impact of International and European Law." East European Politics and Societies: and Cultures 26, no. 1 (January 18, 2012): 93–114. http://dx.doi.org/10.1177/0888325411399425.

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Ukraine’s judicial system is still shackled by its Soviet past. Despite gaining independence in 1991, it is not surprising that this new sovereign state could not usher in overnight a new judicial system firmly based on the rule of law and the separation of powers. The author assesses current reform efforts in the Ukrainian justice sector in light of several European Union and Council of Europe recommendations for further steps in the constitutional development of Ukraine. Key reforms are analysed including the implications of the “small justice reform” of 2002 and the draft law on the judiciary and the status of judges. As Ukraine does not have an explicit strategy on Justice and Home Affairs, which makes any such analysis of recent justice reforms more difficult, its obligations in this area under several EU-Ukraine treaties and joint projects will be analysed.

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19

Moss, Aaron. "Tiptoeing through the Tripwires: Recent Developments in Jurisdictional Error." Federal Law Review 44, no. 3 (September 2016): 467–503. http://dx.doi.org/10.1177/0067205x1604400306.

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Australian administrative law's continuing emphasis on the concept of jurisdictional error is increasingly unique amongst common law jurisdictions. This paper argues that recent developments in Australian jurisprudence have provided little guidance for administrative decision-makers, who are left ‘tiptoeing through the tripwires’ of judicial review. Combining a detailed analysis of primary decisions, academic publications and historical scholarship, this paper suggests that this lack of guidance is the result of a widespread judicial reluctance to engage with either the guidance or educative roles of judicial review. As this paper demonstrates, failure to do so encourages uncertainty, unpredictability and a general lack of clarity which inhibits judicial review's ability to guide decision-makers and contribute to the maintenance of effective governance, administrative justice, and the rule of law in Australia. Particular attention is given to the decisions of Minister for Immigration and Citizenship v Li, Plaintiff M61/2010E v Commonwealth, and NBMZ v Minister for Immigration and Border Protection, which together encapsulate many of the most problematic aspects of recent jurisprudence. To avoid these consequences, this paper calls on senior judges and commentators to articulate a clearer framework which will be applied to guide the future development of the doctrine of jurisdictional error.

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20

Bore, Obert. "Dispute Settlement Mechanisms in African Regional Economic Communities: Lessons and New Developments." African Journal of Legal Studies 12, no. 3-4 (May 14, 2020): 242–65. http://dx.doi.org/10.1163/17087384-12340051.

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Abstract African regional trade agreements often provide for dispute settlement mechanisms and procedures that should be followed. They also establish judicial bodies or tribunals for the respective African Regional Economic Communities. Despite the existence of judicial bodies, African governments do not usually litigate against each other on trade-related disputes. However, the few cases adjudicated by the regional judicial bodies are insightful of how contemporary trade disputes shape the development of community law. With reference to case law, this article presents lessons from regional judicial bodies. Notwithstanding the lessons learnt, there are challenges too. In response to the challenges, new developments on the continent, adopted through the African Continental Free Trade Area signal a move towards respecting rules-based trade through ensuring legal predictability and certainty for trade dispute settlement. Thus, this article will also provide a detailed analysis of the dispute settlement mechanism under the African Continental Free Trade Area, a system akin to World Trade Organisation.

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21

Spigelman, James J. "Convergence and the Judicial Role : Recent Developments in China." Revue internationale de droit comparé 55, no. 1 (2003): 57–70. http://dx.doi.org/10.3406/ridc.2003.5557.

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22

Cygan, Adam. "Recent developments in judicial review and article 230 EC." ERA Forum 4, no. 3 (September 2003): 67–78. http://dx.doi.org/10.1007/s12027-003-0018-x.

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23

Ludwikowski, Rhett. "Judicial Review in the Socialist Legal System: Current Developments." International and Comparative Law Quarterly 37, no. 1 (January 1988): 89–108. http://dx.doi.org/10.1093/iclqaj/37.1.89.

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24

McCarthy, Martha M. "Religious Influences in Public Education: Political and judicial Developments." Educational Forum 65, no. 3 (September 30, 2001): 244–52. http://dx.doi.org/10.1080/00131720108984496.

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25

Black, Gillian. "Seeking the Views of Children: Judicial and Statutory Developments." Edinburgh Law Review 25, no. 3 (September 2021): 342–47. http://dx.doi.org/10.3366/elr.2021.0715.

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26

Kholodenko, N. "Theoretical foundations of scientific support of judicial activity." Herald of criminal justice, no. 4 (2019): 130–37. http://dx.doi.org/10.17721/2413-5372.2019.4/130-137.

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An independent, legitimate, effective judicial power in the state is a prerequisite for sustainable development of society, as a guarantee of proper implementation of justice as an important component of establishing and developing a democratic regime. As the international institutions rightly stress, "justice is aimed at resolving disputes between the parties and, through decision-making, to play a" normative "and" enlightening "role, giving citizens appropriate guidance, information and guarantees regarding the law and its practical application. Therefore, in the context of ongoing judicial reform, which destabilizes the activities of the judiciary in general and law enforcement practice in particular, important are the fundamental things that enable the Institute of Judicial Protection to perform the functions assigned to it. Among them prominent place is given to scientific providing of judicial activity. After all, science is able predict directions of development of social relations and judicial practice, to resolve issues of legal conflicts and existing in legislation of gaps. Therefore, science should be an integral the "companion" of the activity of the court, prominent place in which allotted enforcement. The purpose of the article is to analyse the content of the category "scientific support of judicial activity" and wording the relevant concept. As a result of the analysis, the following conclusions are obtained: Scientific support of judicial activity is based on the intellectual creative activity of certain subjects, which possess special knowledge and skills aimed at creation of knowledge and/or finding ways of their application for the needs and for the benefit of judicial activity. Unlike other areas of organizational support, scientific support of courts always involves the use of methodological tools in conjunction with theoretical developments and empirical data. It allows to use innovative approaches in the process of administration of justice and direct the development of judicial system in the direction of a public request. Thanks to him, there is a change of worldview judges and law enforcement practice. In addition, scientific support of judicial activity is a manifestation of interrelations of the judicial system with the "outside world", thereby developing its transparency. Thus, the notion of scientific support of judicial activity arises as a system of subjects, types of their intellectual activities and means, based on the methodology of scientific knowledge and scientific principles, functioning of which is aimed at satisfying the needs arising in the activities of the courts.

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27

Martin, Roch. "Recent Income Tax Developments." Alberta Law Review 40, no. 1 (May 1, 2002): 19. http://dx.doi.org/10.29173/alr501.

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This article provides a summary of the civil penalties provisions of the Income Tax Act While various warning cries have been directed at these provisions, their purpose and scope should not be ignored. The discussion is not intended to provide a detailed analysis; a working summary, consisting of legislative amendments and judicial developments, is the goal of this article. The Appendix contains possible applications of the provisions.

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28

Sanders, Anne, and Luc von Danwitz. "Selecting Judges in Poland and Germany: Challenges to the Rule of law in Europe and Propositions for a new Approach to Judicial Legitimacy." German Law Journal 19, no. 4 (July 1, 2018): 769–816. http://dx.doi.org/10.1017/s2071832200022872.

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The recent reforms of the Polish Judiciary have sparked a lively debate in Europe on the importance of judicial independence. This Article deals with the new Polish system of selecting and appointing judges and critically assesses it in the light of European standards for judicial appointments. It then compares the new Polish system to the German system of selecting judges, which has been advanced as a point of reference for the reform by the Polish government. Finally, the Article reconsiders and challenges some of the established concepts of German constitutional law as to the selection of judges and judicial legitimacy.The Article was closed on September 2, 2017 and accepted for publication. Subsequent developments could be included until March 15, 2018. The authors would like to thank Judge Thomas Guddat and theDeutsch-Polnische Richtervereinigung(Association of German and Polish Judges) for providing valuable details on the reforms in Poland.

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Shetreet, Shimon. "Developments in Constitutional Law: Selected Topics." Israel Law Review 24, no. 3-4 (1990): 368–430. http://dx.doi.org/10.1017/s0021223700010001.

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The first forty years of the State of Israel witnessed significant changes in the relative status of the various branches of government. The executive was quite powerful during the early decades of the State's existence, thanks to the strong leadership of the first Prime Minister and founding father, David Ben Gurion. Accordingly, the status of the Supreme Court during that period was weak in comparison to the Executive Branch, i.e. the Government. Subsequently, the government's position weakened as the judiciary gained strength. This phenomenon was expressed in the increasing recourse to the courts to consider issues that had previously been the exclusive domain of the government. The judiciary's broader role and enhanced position vis-à-vis the executive did not bring about commensurate constitutional protection of the judicial system. In fact, we may observe a certain decline in this respect that hopefully, will be rectified when the Constitution of the State of Israel is completed with the enactment of Basic Laws on Human and Civil Rights coupled with legislation that will provide the requisite constitutional protection.

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Litton, KayLynn G., and James F. Maxwell. "Recent Judicial Developments of Interest to Oil and Gas Lawyers." Alberta Law Review 46, no. 2 (April 1, 2009): 581. http://dx.doi.org/10.29173/alr236.

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This article provides a brief review of recent Canadian judicial decisions of interest to oil and gas lawyers. The authors survey recent Canadian cases in the following areas of law: aboriginal, administrative, conflict of laws, confidentiality, contracts, employment, environmental, freehold leases, unit agreements, injunctions, rights of first refusal, surface rights, taxation, and securities.

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Foran, Frank R., Stephen C. Lee, and Julio N. Arboleda. "Recent Judicial Developments of Interest to Oil and Gas Lawyers." Alberta Law Review 39, no. 1 (August 1, 2001): 180. http://dx.doi.org/10.29173/alr512.

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This article is a compilation of recent Canadian decisions of interest to oil and gas lawyers. The authors discuss a variety of cases in areas such as lands, leases and titles, administrative law, contracts, torts, the environment and royalties.

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32

Bankes, Nigel, and Alicia Quesnel. "Recent Judicial Developments of Interest to Oil and Gas Lawyers." Alberta Law Review 38, no. 1 (June 1, 2000): 294. http://dx.doi.org/10.29173/alr521.

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In this article, the authors identify and discuss recent cases that impact on the oil and gas industry. These cases cover different areas of law including constitutional law, lands, leases, and titles, industry agreement, and fiduciary obligations.

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Baker, Geoffrey D., and Catherine A. Crang. "Recent Judicial Developments of Interest to Oil and Gas Lawyers." Alberta Law Review 37, no. 2 (July 1, 1999): 439. http://dx.doi.org/10.29173/alr529.

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This article is a compilation of recent Canadian decisions of interest to oil and gas lawyers. The authors discuss a variety of cases in areas such as lands, leases and titles, administrative law, contracts, torts, the environment, tax and royalties.

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Tridimas, Takis. "Economic Sanctions, Procedural Rights and Judicial Scrutiny: Post-Kadi Developments." Cambridge Yearbook of European Legal Studies 12 (2010): 455–90. http://dx.doi.org/10.5235/152888712802636229.

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AbstractThe judgment of the Court of Justice of the European Union in Kadi is of defining constitutional importance. The Court understood the EU Treaties (at the time, the EC Treaty) as establishing their own constitutional space, asserted the autonomy of EU law vis-à-vis international law and held that responses to emergencies should be handled through, rather than outside, the bounds of the EU Treaties. The judgment is predicated on liberal democratic ideals and views respect for legality as a sine qua non in times of emergency. This chapter seeks to discuss selected case law developments after Kadi. It focuses on the effect of invalidity of sanctions on third parties, issues pertaining to the validity and interpretation of Council Regulation 881/2002/EC, economic sanctions against nuclear proliferation and corresponding developments in the case law of the UK Supreme Court. It does not deal exhaustively with post-Kadi case law. Section I provides a brief introduction to the judgment in Kadi. Section II explores the effect of the ruling on third parties. Section III discusses a selection of recent case law of the Court of Justice and the General Court, and section IV explores in some detail the judgment of the UK Supreme Court in Jabar Ahmed.

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35

Leew, Edward A., and Michael A. Thackray. "Recent Judicial Developments of Interest to Oil and Gas Lawyers." Alberta Law Review 41, no. 1 (July 1, 2003): 245. http://dx.doi.org/10.29173/alr499.

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The purpose of this paper is to provide a brief review of recent Canadian judicial decisions of interest to oil and gas lawyers. The authors have surveyed Canadian case law in the areas of contract, rights, government regulation, freehold leases, land titles, surface rights, trusts and tax.

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Mills, Douglas G., and Brian Beck. "Recent Judicial Developments of Interest to Oil and Gas Lawyers." Alberta Law Review 36, no. 2 (April 1, 1998): 486. http://dx.doi.org/10.29173/alr646.

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This article is a compilation of recent Canadian court decisions pertaining to oil and gas law. Case law in the following areas has been surveyed: (1) contracts and torts; (2) lands, leases and titles; (3) royalty agreements; (4) surface rights; (5) offshore drilling; (6) administrative law; (7) environmental law; (8) tax; (9) directors' liability; (10) fiduciary duties; and (11) civil procedure.

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37

Swanson, Francine, Michael Hurst, and Edward Rowe. "Recent Judicial Developments of Interest to Oil and Gas Lawyers." Alberta Law Review 35, no. 2 (April 1, 1997): 413. http://dx.doi.org/10.29173/alr653.

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This article is a compilation of recent Canadian decisions pertaining to oil and gas law. The authors have dealt with a variety of cases in such areas as land leases and titles, royalty agreements, contracts, surface rights, administrative law, tax, director's liability, creditor's rights and aboriginal oil and gas. The briefs include comments by the authors.

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Hope-Ross, W. James, and Keith S. McClelland. "Recent Judicial Developments of Interest to Oil and Gas Lawyers." Alberta Law Review 34, no. 3 (May 1, 1996): 664. http://dx.doi.org/10.29173/alr660.

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This article is a compilation of recent Canadian decisions pertaining to oil and gas law. The authors have dealt with cases in areas such as contracts, land leases and titles, fiduciary duties, tax, the environment, torts, surface rights, off-shore drilling, creditors rights and administrative law. The authors also look at three cases for which leave to appeal to the Supreme Court of Canada was requested.

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Bonney, William H., and J. Jay Park. "Recent Judicial Developments of Interest to Oil and Gas Lawyers." Alberta Law Review 33, no. 2 (April 1, 1995): 365. http://dx.doi.org/10.29173/alr666.

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This article is a compilation of recent interesting and potentially influential decisions by Canadian courts. Of note also is a judgment by the House of Lords that appears to significantly restrain the applicability of Rylands v. Fletcher. The authors have surveyed case law development in such areas as contracts, lands, leases and titles, fiduciary duties, tax, the environment, torts, surface rights, governmental regulation, offshore drilling, creditors' rights and administrative law.

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40

Leigh, Monroe. "Current Developments Regarding Judicial Decisions Reported in the Journal, 1984." American Journal of International Law 79, no. 1 (January 1985): 149–50. http://dx.doi.org/10.1017/s0002930000770977.

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Tridimas, Takis. "Economic Sanctions, Procedural Rights and Judicial Scrutiny: Post-Kadi Developments." Cambridge Yearbook of European Legal Studies 12 (2010): 455–90. http://dx.doi.org/10.1017/s1528887000001877.

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Abstract The judgment of the Court of Justice of the European Union in Kadi is of defining constitutional importance. The Court understood the EU Treaties (at the time, the EC Treaty) as establishing their own constitutional space, asserted the autonomy of EU law vis-à-vis international law and held that responses to emergencies should be handled through, rather than outside, the bounds of the EU Treaties. The judgment is predicated on liberal democratic ideals and views respect for legality as a sine qua non in times of emergency. This chapter seeks to discuss selected case law developments after Kadi. It focuses on the effect of invalidity of sanctions on third parties, issues pertaining to the validity and interpretation of Council Regulation 881/2002/EC, economic sanctions against nuclear proliferation and corresponding developments in the case law of the UK Supreme Court. It does not deal exhaustively with post-Kadi case law. Section I provides a brief introduction to the judgment in Kadi. Section II explores the effect of the ruling on third parties. Section III discusses a selection of recent case law of the Court of Justice and the General Court, and section IV explores in some detail the judgment of the UK Supreme Court in Jabar Ahmed.

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Swirnoff, Alexander H., and Daniel M. Becker. "Judicial developments in the US Hatch-Waxman infringement safe harbor." Expert Opinion on Therapeutic Patents 20, no. 4 (March 20, 2010): 451–58. http://dx.doi.org/10.1517/13543771003604737.

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Bagh, Jan, Dan McAffee, and Edie Gillespie. "Recent Judicial Developments of Interest to Oil and Gas Lawyers." Alberta Law Review 45, no. 3 (March 1, 2008): 817. http://dx.doi.org/10.29173/alr265.

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This article serves to provide an overview of recent judicial decisions of interest to oil and gas lawyers. The areas discussed include wide ranging topics such as confidentiality, employment, taxation, solicitorclient privilege, duty to consult, and other fundamental issues relating to petroleum law.

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Leew, Edward A., and Michael A. Thackray. "Recent Judicial Developments of Interest to Oil and Gas Lawyers." Alberta Law Review 30, no. 1 (February 1, 1992): 308. http://dx.doi.org/10.29173/alr690.

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The purpose of this paper is to provide a brief review of recent Canadian judicial decisions rendered to June 1991 and of interest particularly to oil and gas lawyers. The authors have surveyed Canadian case law in the areas of the environment, surface rights, contract, government regulation, land titles, tax, freehold leases and creditor's rights.

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Edie, Donald C. "Recent Judicial Developments of Interest to Oil and Gas Lawyers." Alberta Law Review 29, no. 1 (January 1, 1991): 191. http://dx.doi.org/10.29173/alr699.

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The author surveys recent Canadian case law in the areas of contract, property and trust law, environmental regulation and aboriginal rights that are likely to impact on practitioners in the oil and gas industry. Although not all cases impact on oil and gas law directly, the principles are, for the most part, readily transferable.

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Petrova, Irina A., Aleksey Yu Romanov, Victor A. Shestak, and Liliia Trempolets. "Historical stages of the transformation of the judicial system and legal procedures in the Russian Empire: case of judicial reform of 1864." Cuestiones Políticas 38, Especial (October 25, 2020): 333–41. http://dx.doi.org/10.46398/cuestpol.38e.21.

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The relevance of the study consists in the fact that the changes in the 1860-70s in the Empire determine the beginning of positive developments within the judicial system. Consequently, the objective of the article was to study the historical stages of the transformations in the judicial system and procedure in the Russian Empire in 1864. The main research method was deductive that allowed to study the nature and the key historical stages of the transformations in the judicial system and legal procedure in the Russian Empire in 1864. The solution to the problem posed was based on studying the legal foundations of the significance (place and function) of the judicial reform of 1864 within the general historical development of Russia. It is concluded that the key judicial principles include democratic foundations such as publicity in the oral process, frankness, and the right to a lawyer. Furthermore, it highlights that the authors of the Judicial Regulations of 1864 studied not only English and French law, but also examined the codes of procedure of Geneva and the Kingdom of Sardinia. Thus, the Russian jury trial became a new step in the development of European legal culture.

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Hajdari, Dr Sc Azem, MSc Shpresa Ibrahimi, and MSc Albulena Hajdari. "Reforming of the Judicial System of Kosovo based on the Law no. 03/L-199 on Courts and its challenges." ILIRIA International Review 4, no. 1 (June 30, 2014): 249. http://dx.doi.org/10.21113/iir.v4i1.64.

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Law no. 03/L-199 on Courts1 represents a law of significant importance which regulates the organisation, functioning and jurisdiction of courts of the Republic of Kosovo. This law has made numerous reforms in the judicial system of the country. It has set the bases of a modern and sustainable judicial system. In fact the Law on Courts in addition to having changed the judiciary of Kosovo in the aspect of organisation, it has opened the paths in the aspect of ensuring an efficient functioning thereof. Moreover, this law has repealed the application of the Law of former SAP of Kosovo on Regular Courts which in some aspects did not correspond to the trends of contemporary developments in this field. Law on Courts in its solutions embeds the bases of an independent and impartial justice, further on being multiethnic, non-discriminatory, efficient and in principle having an advanced approach of the opportunity for the public opinion to follow the judicial activities. Consequently, within this work, the background of the development of judicial system in Kosovo shall be discussed, some aspects of its reforming and challenges currently the judicial system of the country faces.In the course of preparation of this work, legal-historical method has been applied, the dogmatic method too, method of comparison and the method of analysis and synthesis. Through the legal-historical method, the manner of organisation and activity of the judicial system in Kosovo has been reflected covering the time of Turkish rule up to 2013 basing it on the laws and the Albanian customary law.The dogmatic method has helped on reflecting the manner of organisation and activity of the judicial system in Kosovo, viewing it in the context of regulating these matters through the Law on Courts presently applicable.The comparative method has reflected the features of the new judicial system in Kosovo and a comparison has been undertaken to the characteristics of earlier judicial system. The method of analysis and synthesis has been applied to elaborate in detail specific articles of the Law on Courts, they were commented and in some cases concrete proposals have been given for solution, considered as advanced.

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Symmons, Clive R. "Recent Developments in Ireland: The Voisinage Doctrine and Irish Waters: Recent Judicial and Legislative Developments." Ocean Development & International Law 49, no. 1 (December 21, 2017): 79–84. http://dx.doi.org/10.1080/00908320.2017.1386044.

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Ongena, Tom, and Ignace Van Daele. "Universal Jurisdiction for International Core Crimes: Recent Developments in Belgium." Leiden Journal of International Law 15, no. 3 (September 2002): 687–701. http://dx.doi.org/10.1017/s0922156502000316.

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Belgian legislation gives the national criminal justice system far reaching competence to prosecute international core crimes. International and national judicial decisions as well as policy considerations may however dictate restrictions.

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Shah, Attaullah, and Zahoor Khan. "Importance of Judicial Efficiency in Capital Structure Decisions of Small Firms: Evidence from Pakistan." Pakistan Development Review 55, no. 4I-II (December 1, 2016): 361–94. http://dx.doi.org/10.30541/v55i4i-iipp.361-394.

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Empirical evidence to identify factors that are responsible for the sluggish development of bond and capital markets in Pakistan remains scanty. This paper is a step forward in this direction. Specifically, this paper draws on the recent developments in the area of law and finance to formulate several propositions on how judicial efficiency can have a differential impact on corporate capital structures of small and large firms. These propositions are tested using data of 370 firms listed at the Karachi Stock Exchange (KSE) and 27 districts high courts of Pakistan. The results indicate that leverage ratio decreases, when judicial efficiency decreases; however, this relationship is not statistically significant. This is due to the composition effect. Allowing judicial efficiency to interact with the included explanatory variables, the results show that worsening judicial efficiency increases leverage ratios of large firms and decreases leverage ratios of small firms, which is an indication of the fact that creditors shift credit away from small firms to large firms in the presence of inefficient judicial system. Results also indicate that the effect of inefficient courts is greater on leverage ratios of firms that have fewer tangible assets as percentage of total assets than on leverage ratios of firms that have more tangible assets. The results indicate that under inefficient judicial system creditors reduce their lending to small firms and firms with little collateral and redistribute the credit to large firms. This is why judicial inefficiency does not change volume of credit, but changes distribution of the credit. These results highlight the importance of judicial efficiency for small firms in the determination of their capital structures. JEL Classification: G10, G21, G32 Keywords: Judicial Efficiency, Leverage, KSE, Capital Market Development, Law and Finance.

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