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Journal articles on the topic 'Law applicable to the merits'

Author: Grafiati

Published: 25 May 2024

Last updated: 31 July 2025

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1

Silberman, Linda, and Franco Ferrari. "The Law Applicable to the Merits of the Dispute." Revista Brasileira de Arbitragem 7, Issue 26 (2010): 73–121. http://dx.doi.org/10.54648/rba2010024.

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ABSTRACT: This paper critically examines in depth the various approaches that have been resorted to by arbitral tribunals to determine the law on the basis of which to address the substantive issues of a dispute. It shows that a conflict of laws analysis is necessary even where the parties to the dispute have chosen the applicable law and suggests normative solutions for ascertaining the applicable law. It also addresses, however, the consequences of an erroneous choice of law decision by the arbitrators in the context both of annulment and recognition and enforcement of arbitral award.

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2

Lando, O. "The law applicable to the merits of the dispute." Arbitration International 2, no. 2 (1986): 104–15. http://dx.doi.org/10.1093/arbitration/2.2.104.

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3

Graziano, Thomas Kadner. "THE LAW APPLICABLE TO PRODUCT LIABILITY: THE PRESENT STATE OF THE LAW IN EUROPE AND CURRENT PROPOSALS FOR REFORM." International and Comparative Law Quarterly 54, no. 2 (2005): 475–88. http://dx.doi.org/10.1093/iclq/lei008.

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The choice of law-rules for contractual obligations is harmonized in the European Union and the system established by the Rome I-Convention has proved its merits.1 The choice of law rules for tortious or delictual liability, on the contrary, is still largely left to the national legislators and courts2 and they differ very much from one country to the other. Two Hague Conventions cover particular issues.3 Neither of them is in force in the UK.

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K.S, Harisankar. "International Commercial Arbitration in Asia and the Choice of Law Determination." Journal of International Arbitration 30, Issue 6 (2013): 621–36. http://dx.doi.org/10.54648/joia2013040.

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The article essentially deals with the choice of law process associated with three principal aspects of applicable laws in international commercial arbitration, namely, the law governing arbitration agreements, the law governing arbitral procedure and the law governing the substantive merits of the dispute. This research is of significance as these different aspects of arbitration (the agreement, the procedure and merits of the dispute) are commonly subjected to different laws. As a precursor, the introductory part of this article discusses the evolution and present position of international c

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Kabrera, Yuliia. "CHOICE OF THE APPLICABLE SUBSTANTIVE LAW BY THE PARTIES TO THE MERITS OF THE DISPUTE." Knowledge, Education, Law, Management 1, no. 3 (2020): 213–26. http://dx.doi.org/10.51647/kelm.2020.3.1.35.

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Băieșu, Aurel. "Principles and rules applicable in the international arbitration: aspects of comparative law." InterConf, no. 47(209) (July 19, 2024): 196–209. http://dx.doi.org/10.51582/interconf.19-20.07.2024.018.

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This article analyses various categories of rules applicable in international commercial arbitration through the prism of international regulations and comparative law. These are the principles that guide both the procedure in state courts and in the alternative procedure, which is arbitration, and which ensure the respect of the universally recognized right to a fair trial. Also, there are the technical rules of procedure that the arbitrators must follow in the settlement of the dispute, starting with the establishment of the arbitral tribunal and up to the pronouncement of the arbitral award

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Pereyó, José. "A Bridge too Far." Revista Brasileira de Arbitragem 9, Issue 36 (2012): 90–119. http://dx.doi.org/10.54648/rba2012064.

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ABSTRACT: Recent case law from arbitration laden jurisdictions has reignited the discussion of an arbitrator's ex officio application of the law when the parties have chosen the law applicable to the merits of the dispute, but have not invoked certain legal arguments during the arbitral proceedings. Specifically, this survey analyzes the issue of an arbitrator's ex officio application of the law from the perspective of the maxim iura novit curia and foreign mandatory rules in order to ascertain whether the recourse to these two tenets by way of analogy are appropriate in the context of interna

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Dimolitsa, Antonias. "The Equivocal Power of the Arbitrators to Introduce Ex Officio New Issues of Law." ASA Bulletin 27, Issue 3 (2009): 426–40. http://dx.doi.org/10.54648/asab2009042.

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Arbitrators have certainly the power – not the obligation – to ascertain the contents of the applicable law. They have the discretion to introduce new issues of law, i.e. issues that are indeed new and that appear material to the disposition of the case, but they must be cautious in so doing to respect fundamental principles of international arbitration. The ILA Resolution 1/2008 provides valuable guidelines in this respect. Especially, arbitrators must give parties the opportunity to be heard on the new issues. The maxim ‘jura novit curia’, in a fully fledged manner, is not generally consider

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Baumert, Kevin A. "The Outer Limits of the Continental Shelf Under Customary International Law." American Journal of International Law 111, no. 4 (2017): 827–72. http://dx.doi.org/10.1017/ajil.2017.84.

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Abstract“Seldom has an apparent major change in international law been accomplished by peaceful means more rapidly and amidst more general acquiescence and approval,” Lauterpacht observed of continental shelf claims nearly seventy years ago. When considered today, this observation merits a caveat, as the question of how far the continental shelf extends into the sea is not yet fully settled. This article explores the customary international law applicable for determining continental shelf limits and also examines the legal procedures used by states to gain international acceptance of those lim

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Tuba, Maphuti David. "Lodhi 5 Properties Investments CC v FirstRand Bank Limited [2015] 3 All SA 32 (SCA) and the Enforcement of Islamic Banking Law in South Africa." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 20 (March 16, 2017): 1. http://dx.doi.org/10.17159/1727-3781/2017/v20i0a1308.

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On 22 May 2015, the Supreme Court of Appeal (“SCA”) handed down a judgment in the matter of Lodhi 5 Properties Investments Cc v Firstrand Bank Limited [2015] 3 All SA 32 (SCA). This judgement considered whether the prohibition against the charging of interest on loan in terms of Islamic law (Shariah law) may be a defence for a claim for mora interest in term of a loan agreement. This note critically discusses the judgement in light of the approach adopted by the SCA with regard to addressing dispute arising from a contract that has Islamic law as a governing law. As this is the first case that

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Beheshti, Reza. "The absence of choice of law in commercial contracts: problems and solutions." Uniform Law Review 24, no. 3 (2019): 497–519. http://dx.doi.org/10.1093/ulr/unz026.

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Abstract In a commercial contract with an arbitration clause, the parties may fail to determine any applicable law, in which case the arbitral tribunal is expected to identify the rules applicable to the merits of the dispute. A modern approach suggests that localizing legal issues originated from an international contract is inappropriate and that the tribunal should conduct an assessment to identify international or non-national rules or practices appropriate to the issues at hand. This approach, which grants the tribunal maximum freedom in choosing the applicable law with no reference to an

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McDermott, Ronan, Charlotte Luelf, Laura Hofmann, and Pat Gibbons. "International law applicable to urban conflict and disaster." Disaster Prevention and Management 26, no. 5 (2017): 553–64. http://dx.doi.org/10.1108/dpm-03-2017-0052.

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Purpose The purpose of this paper is to provide a comprehensive overview of the international legal framework governing urban crises arising from conflict, “natural” and technological disasters. Design/methodology/approach The paper deploys legal analysis to the most relevant bodies of international law pertaining to urban crises and systematically outlines the key legal issues arising. Findings International humanitarian law (IHL) and international human rights law (IHRL) provide important protections to vulnerable persons in both human-made and “natural” disaster settings. While the two bodi

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BUDYLIN, S. L. "REVIEW OF PRELIMINARY INJUNCTION ORDERS IN U.S. COURTS." Herald of Civil Procedure 10, no. 6 (2021): 177–92. http://dx.doi.org/10.24031/2226-0781-2020-10-6-177-192.

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Under American rules, a very important factor for a court to consider when granting a preliminary injunction is the likelihood of success on the merits. To estimate this likelihood, the court must of course decide which legal provisions are applicable the parties’ dispute. And if the court errs in interpretation or application of those provisions, a party may successfully appeal to a higher court! As a result, the legal questions that must be answered to resolve the dispute on the merits are sometimes hotly and at great length discussed on the preliminary injunction stage, with appeals up to t

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Taylor, Araba. "The Case of the Rustat Memorial – Does Duffield Pose all the Right Questions?" Ecclesiastical Law Journal 25, no. 1 (2023): 38–51. http://dx.doi.org/10.1017/s0956618x22000679.

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Two recent decisions of the Consistory Court have dealt with faculties for the removal of what is now called ‘contested heritage’. In Re Rustat Memorial, Jesus College, Cambridge, the faculty sought by Jesus College, Cambridge was refused. In Re St Peter, Dorchester it was granted on terms. As was observed by Ruth Arlow, Chancellor of the Diocese of Salisbury, in the latter case, each such application has to be taken on its own merits: As with all faculty petitions, contested heritage applications will arise in almost infinitely variable circumstances. There can be no question of a uniform app

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Juutilainen, Teemu, and Janne Kaisto. "Article: Co-ownership as a Solution to Commingling: A Finnish Perspective." European Review of Private Law 32, Issue 1 (2024): 109–34. http://dx.doi.org/10.54648/erpl2024007.

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This article studies the effect of commingling on ownership relations, and in particular co-ownership as a solution to these situations. The focus is first on tangible movables, but broadens to objects such as bank money, book entries, and virtual currencies. These intangible objects are account-based assets, or can be understood as such. The first part of the analysis takes place at the level of general legal ideas, while the second part examines Finnish law in more detail. Both parts involve comparative observations. The analysis suggests that co-ownership is generally a rationally justifiab

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Cywicki, Kristian, and Michael Grose. "Pleadings or Memorials: Which Are More Appropriate for Construction Arbitrations?" BCDR International Arbitration Review 4, Issue 1 (2017): 43–52. http://dx.doi.org/10.54648/bcdr2017004.

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Construction arbitrations present some unique challenges which, in turn, call for special attention to be given to devising an efficient arbitration process. One issue that arises in this regard is the time-honoured question of whether to adopt an approach based on pleadings (common law) or memorials (civil law). In addressing this question, the starting point should be to consider the applicable arbitration/institutional rules (if any) and, thereafter, the relative merits of each approach. Notwithstanding the respective advantages and disadvantages of pleadings and memorials, it is always adv

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Perka, Milena. "Problematyka zaskarżalności postanowienia w przedmiocie spisu inwentarza – w poszukiwaniu intencji ustawodawcy." Acta Iuridica Resoviensia 36, no. 1 (2022): 110–16. http://dx.doi.org/10.15584/actaires.2022.1.9.

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The article presents an analysis of the regulation concerning the possibility of challenging the decision on the preparation of the inventory. The procedure for the preparation of the inventory ends with the issuance of a substantive decision on the merits. Therefore, before the amendment of 2015, it was assumed, in accordance with the resolution of the Supreme Court of 23 August 2006, that Art. 518 of the Code of Civil Procedure (CCP) was applicable and the decision was subject to a suspensive appeal. Nowadays, after the change of the law in question, the provision of Art. 637 § 4 of the CCP

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18

Luchena, Gracia. "Analysis of ECJ case law on discriminatory treatment of cross-border inheritance tax." Bratislava Law Review 1, no. 1 (2017): 15–28. http://dx.doi.org/10.46282/blr.2017.1.1.66.

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Recently, the European Commission has launched a package which deals with issues of double taxation and discriminatory tax treatment in the area of inheritance and estate tax. In the paper the Commission discusses ten cases in which the European Court of Justice examined the inheritance tax rules of Member States. In eight out of the ten cases it concluded that the Member States in question breached EU rules on the free movement of capital and/or freedom of establishment. For example, on the 3rd of September 2014, the ECJ entered/made a judgment resolving that the Spanish Inheritance Tax shoul

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Ivanov, Konstantin. "THE ROLE OF INTERNATIONAL ARBITRATION IN THE DEVELOPMENT OF TRANSITION COUNTRIES: BALTIC STATES AND CIS COUNTRIES AS EXAMPLE." Bulletin of the Eurasian Law Academy named after D.A. Kunayev 2023, no. 1 (2023): 62–67. http://dx.doi.org/10.61995/bela/2023.1.93.

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The article examines the development of international commercial arbitration in countries with economies in transition, focusing on its role within the dispute resolution system, the legislative framework, and future development prospects. It analyzes international commercial arbitration through the lens of local institutions as a potential avenue for growth in these economies. Key issues addressed include the legality of drafting arbitration clauses, the enforcement of arbitration awards, and the application of the New York Convention in various contexts. The challenges surrounding judicial a

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20

Pasqua, Marco. "Authorisations to Emit Greenhouse Gases – A Conflict-of-Laws Perspective." Italian Review of International and Comparative Law 3, no. 2 (2023): 409–29. http://dx.doi.org/10.1163/27725650-03020013.

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Abstract Within the framework of private climate litigation, where injured people bring civil claims concerning the liability of companies for the harmful effects of their polluting activities before domestic courts, this contribution investigates the role of authorisations to emit greenhouse gases under Directive 2003/87/ec (Emissions Directive), when they are not specifically part of the lex fori (law of the forum) and lex causae (law applicable to merits). A traditional way to consider greenhouse gas emissions permits in these disputes is via the rules of safety and conduct under the Articl

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21

Khadka, Chandra Bahadur. "Biot-Savart Law for Determination of Speed of Particle Beyond the Speed of Light." Indian Journal of Advanced Physics 3, no. 1 (2023): 1–5. http://dx.doi.org/10.54105/ijap.a1035.043123.

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This paper presents the modification of Biot-Savart law that thoroughly put to calculate magnetic field at any point in the space due to motion of charge in a complete circuit and further applies to determine velocity of particle faster than the speed of light. The modified Biot-Savart law provides complete mathematical result as given by ordinary Biot-Savart law, but most importantly, do not involve the need of derivative, integration of line element. In order to derive the relation ( among electric field ( magnetic field (( of electromagnetic wave, Biot-Savart law is given by formula B= , Wh

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22

Paun, Petru, and Olesea Rusu. "Analysis of the Doctrinal Researches on the Issue of Termination of the Criminal Process During the Criminal Case Trial." Studii Juridice Universitare, no. 2 (November 2024): 215–27. https://doi.org/10.54481/sju.2024.2.17.

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The institution of the termination of the criminal process during the criminal case trial had a difficult historical development. However, experts believe that the modern system of grounds for the termination of the criminal process is incomplete and contradictory. Termination of the criminal process is a decision of the judge who, finding the presence of one of the legal circumstances, stops the proceedings and releases the accused person from criminal responsibility, having different effects depending on the basis applied. The grounds for the termination of the criminal process are provided

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23

Amaral, Guilherme Rizzo. "Burden of Proof and Adverse Inferences in International Arbitration: Proposal for an Inference Chart." Journal of International Arbitration 35, Issue 1 (2018): 1–30. http://dx.doi.org/10.54648/joia2018001.

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This article addresses two subjects that are relevant to the finding of facts in international arbitration, namely, the burden of proof and the power of the arbitral tribunal to draw adverse inferences. Regarding the burden of proof, it shows that despite the existence of a general rule stating that the party making the allegation carries the burden to prove it, there are other factors – such as the applicable law to the merits or to the procedure – that may play a role in defining it. In circumstances where the party carrying the burden of proof is not able to discharge it without evidence th

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PaviÇ, Vladimir, and Dragor Hiber. "Arbitration and Crime." Journal of International Arbitration 25, Issue 4 (2008): 461–78. http://dx.doi.org/10.54648/joia2008034.

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Arbitration is usually regarded as a domain exclusively reserved for private law. Inevitably, however, certain criminal matters and allegations might creep into arbitral proceedings. The dispute itself could be fictitious, a screen for money laundering, or the underlying purpose of alleged consultancy might be bribery. Testimony or expertise offered before the tribunal might be false. In such cases, arbitrators can either address the criminal matters or turn a blind eye to them. Immediately, there is a dilemma whether the arbitrator?s duty to report, if any,overrides the principle of confident

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von Bogdandy, Armin, and Ingo Venzke. "On the Democratic Legitimation of International Judicial Lawmaking." German Law Journal 12, no. 5 (2011): 1341–70. http://dx.doi.org/10.1017/s2071832200017338.

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While the introductory contribution addressed the questions and definitions of our research into judicial lawmaking, this concluding chapter discusses strategies regarding the justification of international judicial lawmaking that our introduction sought to capture and that the volume set out to present. How can one square such lawmaking with the principle of democracy? A first response could be to negate the phenomenon. If there were no such thing as judicial lawmaking, there would evidently be no need for its justification. This response, though unconvincing, merits attention all the same be

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Burdina, Tetiana. "THE CONCEPT, ESSENCE AND SIGNIFICANCE OF INCENTIVES, APPLICABLE TO THE JUVENILES SENTENCED TO IMPRISONMENT." Visnyk of the Lviv University. Series Law 74, no. 74 (2022): 166–75. http://dx.doi.org/10.30970/vla.2022.74.166.

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The article is devoted to the study of various approaches to understanding the concept, content, essence, purpose and significance of incentives in legal science. Therefore, in studying this legal category, which is interdisciplinary and complex, the author was based on the scientific positions of both Soviet and modern Ukrainian researchers, established in the general theory of law and such legal sciences as labor, administrative, criminal and criminal executive law. Consequently, the article highlights that the various scholars view incentives as an act of approval and recognition of merit;

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Zelmenis, Jānis. "Definition of Tax Planning in the Case Law of the Court of Justice of the EU (ECJ)." SOCRATES. Rīgas Stradiņa universitātes Juridiskās fakultātes elektroniskais juridisko zinātnisko rakstu žurnāls / SOCRATES. Rīga Stradiņš University Faculty of Law Electronic Scientific Journal of Law 2, no. 23 (2022): 132–44. http://dx.doi.org/10.25143/socr.23.2022.2.132-144.

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The objective of the study is to analyse the current and past case law of the European Court of Justice (ECJ) regarding tax disputes based on the modern legislation of the EU countries and applicable international law to determine the concept and criteria for legal tax planning. This article provides an in-depth study of the well-known Cadbury Schweppes case (2006), including the decision of the ECJ, which laid the foundation for a new concept of examination and interpretation of tax disputes on the merits in general. The introduction of the concept of “wholly artificial arrangements” and thei

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Gřivna, Tomáš. "Účinky europeizace na postavení oběti a poškozeného v trestním řízení i mimo něj." AUC IURIDICA 54, no. 2 (2025): 61–86. https://doi.org/10.14712/23366478.2024.74.

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The problems of dealing with crime victims are covered in the Process of europeisation. The activities of the Council of Europe and of authorities of the EU affect the victim’s position in criminal proceedings, the extent of their rights and the protection of their interests. Under the resolutions of the Council of Europe, agreements (conventions) are the only form of legally binding documents. In matters of EU law, directives and framework decisions are the only instruments applicable to regulating the rights and interests of crime victims. Europeisation is focused on two areas. The less prob

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Carnevali, Ugo. "L’interesse di un giurista di <i>civil law</i> per la sentenza <i>Pescatore</i>: spunti per la comparazione tra i due sistemi successori sotto taluni fondamentali aspetti." Trusts, no. 4 (August 4, 2022): 720–25. http://dx.doi.org/10.35948/1590-5586/2022.158.

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Tesi La sentenza Pescatore non decide né in merito alla controversia tra le parti relativa all’eredità di Vincenzo Pescatore, né in merito alla legge che governa la successione. Decide solo in merito alla richiesta della vedova della pronuncia di una anti-suit injunction nei confronti dei figli di Pescatore. Ciò nondimeno la sentenza è di particolare interesse per un giurista di civil law perché in molti punti della motivazione essa presenta una comparazione tra il diritto inglese e il diritto italiano in materia di principi fondamentali del diritto delle successioni. &nbsp; The author’s v

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Osrečak, Jadranka. "ODREĐIVANJE VISINE NAKNADE ŠTETE U MEĐUNARODNOJ INVESTICIJSKOJ ARBITRAŽI S OBZIROM NA UTVRĐENU POVREDU I METODU IZRAČUNA." Pravni vjesnik 37, no. 2 (2021): 105–36. http://dx.doi.org/10.25234/pv/10178.

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International investment arbitration as an alternative dispute resolution mechanism for resolving disputes between foreign investors and host states is also a favourite dispute resolution for investors. It consist of three parts, all of which can be resolved separately. These are jurisdiction, merits and damages. Consequently, it is possible for a tribunal to render one, two or even three arbitral awards, depending on the tribunal decision to bifurcate/trifurcate the proceedings or not. This shows the complexity of each of the stages of the arbitration proceeding. The paper deals with the issu

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Larsen, Rasmus Kløcker. "Foreign Direct Liability Claims in Sweden: Learning from Arica Victims KB v. Boliden Mineral AB?" Nordic Journal of International Law 83, no. 4 (2014): 404–38. http://dx.doi.org/10.1163/15718107-08304002.

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On 12 September 2013 what may be the first foreign direct liability claim in Sweden was filed in the County Court of Skellefteå, a court action reflective of a growing wave of civil liability suits in European jurisdictions to hold transnational corporations accountable for human rights violations and environmental damages. This article examines the feasibility of foreign direct liability claims in Sweden, focusing on enabling conditions with regards to jurisdiction, collision rules and applicable law, substantial legal basis, procedural and practical circumstances, and the theories by which p

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Zhang, Chenguo. "Enhancing the Standards of Civil Damages Remedies to Fight Copyright Piracy in International Trade? A Commentary on the Proposed TRIPS-Plus Damages Reforms in the Third Amendment to the Copyright Law." Journal of World Trade 51, Issue 1 (2017): 131–58. http://dx.doi.org/10.54648/trad2017006.

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The proposed third amendment to PRC copyright law endeavours to enhance the standards of damages to fight piracy more effectively via a TRIPS-Plus approach. This includes, inter alia, reframing statutory damages, introducing punitive damages, and new evidence rules granting the right of information to right holders. Nonetheless, the inconsistency of the extra-compensatory rationales of civil damage with the principle of restoration enshrined in the traditional Chinese copyright regime risks causing difficulties for the Chinese courts in implementing the new rules. The new provision on the righ

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Samsonov, Nikolai V. "Maxima jura novit curia and the non liquet prohibition: Problems of understanding and application in civil proceedings." Vestnik of Saint Petersburg University. Law 15, no. 3 (2024): 724–35. http://dx.doi.org/10.21638/spbu14.2024.312.

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The article analyzes the traditional understanding in Russian civil procedure of the content of the maxim jura novit curia and the prohibition of non liquet, as well as their manifestation in contemporary Russian civil process. It is argued that the maxim jura novit curia and the prohibition of non liquet are in effect, manifesting in the court’s duty to apply the analogy of the law or the analogy of the right and resolve the issue before the court on its merits, even in the absence of norms directly regulating the disputed legal relationship. The competitive advantage of the Russian judicial

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Gaião Santos, Nilo Sérgio. "Article: Environmental Exception and the Legitimate Expectations of Investors in Investment Arbitration." Revista Brasileira de Arbitragem 20, Issue 80 (2024): 7–41. http://dx.doi.org/10.54648/rba2024001.

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The aim of this study is to examine the application of the protection of investor legitimate expectations in investment arbitration cases involving environmental regulations. On the one hand, States commonly maintain – and on occasions successfully – that their act are consistent as a legitimate exercise of their right to regulate. On the other hand, investors more commonly prevail by advancing claims based on the protection against expropriation and on the fair and equitable treatment clause, provided for in the applicable investment treaty. Both substantive standards involve the protection o

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Kutsenko, Tatyana Mikhailovna. "On implementation of the models of judicial mediation in the administrative process." NB: Административное право и практика администрирования, no. 4 (April 2021): 48–54. http://dx.doi.org/10.7256/2306-9945.2021.4.37390.

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This article examines the possibility of implementation of the models of judicial mediation tested in international practice applicable to administrative disputes. Analysis is conducted on the models of judicial mediation, their merits and flaws. The author outlines the spheres and categories of administrative cases that may require judicial mediation, as well as provides original perspective upon the problem. The integration of mediation into judicial process is feasible not only as a separate procedure &ndash; a number of countries features such mediation technique as in-house-mediation,

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Acconci, Pia. "La "green economy" e la realizzazione dei diritti dell'uomo alla base dello sviluppo sostenibile." DIRITTI UMANI E DIRITTO INTERNAZIONALE, no. 3 (December 2012): 587–607. http://dx.doi.org/10.3280/dudi2012-003007.

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This article focuses on the relevance of the ‘green economy' for the promotion of human rights as the base of sustainable development, in light of major trends in international law. In June of this year, at the end of the UN Conference Rio +20 on Sustainable Development, States adopted a document - "The Future We Want" - which refers to the ‘green economy' as an economic model for the future. "The Future We Want" confirms the tendency towards the increasing involvement of private parties in international economic relations. However, complex policy issues concerning the interaction between econ

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Demendecki, Tomasz. "Granice kontroli sądowej odwołania uczestnika postępowania nominacyjnego przed Krajową Radą Sądownictwa przez Sąd Najwyższy, w świetle jego orzecznictwa." PRAWO i WIĘŹ, no. 1 (48) (March 28, 2024): 7–19. https://doi.org/10.36128/priw.vi48.870.

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Adoption in Art. 44 section 3 of the Act of 2011 on the National Council of the Judiciary that the provisions of the Code of Civil Procedure on cassation appeals shall apply to proceedings before the Supreme Court in cases involving appeals against decisions of the Council implies the method of determining the limits of the Supreme Court's examination of a case initiated by an appeal of a party to the proceedings. The jurisdiction of the Supreme Court in cases involving appeals against the decisions of the National Council of the Judiciary on the appointment of judges includes, first of all, t

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Cataldi, Giuseppe. "The Enrica Lexie Award Amid Jurisdictional and Law of the Sea Issues." Italian Yearbook of International Law Online 30, no. 1 (2021): 167–90. http://dx.doi.org/10.1163/22116133-03001010.

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This article analyzes the Enrica Lexie Arbitral Award, first of all, in relation to international law issues concerning the application of the United Nations Convention on the Law of the Sea (UNCLOS). The article then focuses on the question of the functional immunity of the two marines, from the point of view of the Tribunal’s assertion of its incidental jurisdiction to deal with the matter, as well as of the Tribunal’s affirmation of the existence of a customary international law rule applicable in the present case. Both conclusions appear unconvincing, also in light of the role of the two m

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TODOLÍ SIGNES, ADRIAN. "EL ACCESO AL EMPLEO PÚBLICO A LA LUZ DE LA LEY 20/2021 DE REDUCCIÓN DE LA TEMPORALIDAD EN EL EMPLEO PÚBLICO. ESPECIAL REFERENCIA A LA VALORACIÓN DE LOS MÉRITOS." RVGP 22, no. 22 (June 1, 2022): 22–32. http://dx.doi.org/10.47623/ivap-rvgp.22.2022.02.

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La reciente aprobación de la Ley 20/2021 de reducción de la temporalidad en el empleo público supone la apertura de un proceso de estabilización de plazas en el empleo público. La ley diseña varios sistemas de selección del personal que accederá al empleo público mediante dicho sistema. En el presente trabajo se analiza la constitucionalidad del sistema puro de concurso diseñado por la norma concluyendo que el sistema diseñado cumple con los requisitos exigidos por el Tribunal Constitucional hasta el momento. En el trabajo también se analiza los límites jurisprudenciales en materia de valoraci

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Rusakova, Ekaterina, and Edgar Dominguez. "The Extension of the Arbitration Clause to Non-Signatories: Lessons from Comparative Law." Legal Concept, no. 1 (April 2021): 144–54. http://dx.doi.org/10.15688/lc.jvolsu.2021.1.22.

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Introduction: is it possible for a legal entity or individual who has not signed a contract containing the arbitration clause to take precedence of initiating arbitration against the signatory legal entity or individual, or vice versa, to be involved in the legal proceedings by other persons? The paper discusses this issue and examines it from the point of view of several theories, within the framework of comparative law, accepted for the extension of the arbitration clause to non-signatories. The purpose of the research is achieved by solving a number of tasks: to identify recurrent cases whe

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Rachkov, Il’ya, and Elizaveta Rachkova. "Sanctions in an international investment arbitration case." Meždunarodnoe pravosudie 12, no. 2 (2022): 84–112. https://doi.org/10.21128/2226-2059-2022-2-84-112.

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In this article, the authors consider the approach of international investment arbitration tribunals to the resolution of disputes between claimants from a sanctioned state (in this case — Iran) and the host state (Bahrain). Depending on how the defendant builds its defense, the arbitral tribunal may regard the sanctions against the claimant’s State as a basis for declaring that the arbitral tribunal does not have jurisdiction to consider the dispute on the merits; or that the claim is inadmissible, should be dismissed on the merits, or should be satisfied; or for use as a factor in decreasing

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Stefanini, Elisa. "Publication of Clinical Trials Data: A New Approach to Transparency in the European Legislative Framework." Medicine Access @ Point of Care 1 (January 2017): maapoc.0000018. http://dx.doi.org/10.5301/maapoc.0000018.

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The European legislative framework is quickly moving towards transparency of the clinical trials data. The European Medicines Agency (EMA)'s Policy/0070, entered into force on January 1, 2015, marked a complete change of approach, moving from a reactive access, upon any interested parties' request, to a proactive publication of the clinical trials data. This approach will be further straightened with the entry into force of Regulation (EU) No. 536/2014 on clinical trials (CT Regulation), expected in 2019, following the activation of the European portal and database. The purpose of ensuring the

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Croquet, Nicolas AJ. "The Import of International Customary Law into the EU Legal Order: The Adequacy of a Direct Effect Analysis." Cambridge Yearbook of European Legal Studies 15 (2013): 47–81. http://dx.doi.org/10.1017/s1528887000003001.

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Abstract The EU case law, embodied by the Racke judgment, constituted a normative compromise between the judicial treatment of international customary law and that of international treaties. Indeed, the lack of precision of an international customary norm would not prevent it from being assessed by the EU Courts on the merits of the case, albeit to a lesser degree of judicial review. The lack of precision of an international treaty provision would in contrast make it unenforceable on the facts of the case (subject to two exceptions and the doctrine of consistent interpretation), whereas when s

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Flores Rivas, Juan Carlos. "La potestad revocatoria de los actos administrativos." Revista de derecho (Coquimbo) 24, no. 1 (2018): 191–222. https://doi.org/10.22199/issn.0718-9753-2973.

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The article 61 of Law N° 19,880 from 2003, which establishes the basis of the Administrative Procedures governing the Acts of the State Administration, regulates the power that allows the organs of State Administration revisiting valid administrative acts, for no other reasons than opportunity, merit or convenience. However, this article does not delve into the concept, requirements and limits for the exercise of power nor recall the relationship between this authority and other powers to extinguish administrative acts. The regulation of the revocation authority referred to in Article 61 of La

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Croquet, Nicolas AJ. "The Import of International Customary Law into the EU Legal Order: The Adequacy of a Direct Effect Analysis." Cambridge Yearbook of European Legal Studies 15 (2013): 47–81. http://dx.doi.org/10.5235/152888713809813567.

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AbstractThe EU case law, embodied by the Racke judgment, constituted a normative compromise between the judicial treatment of international customary law and that of international treaties. Indeed, the lack of precision of an international customary norm would not prevent it from being assessed by the EU Courts on the merits of the case, albeit to a lesser degree of judicial review. The lack of precision of an international treaty provision would in contrast make it unenforceable on the facts of the case (subject to two exceptions and the doctrine of consistent interpretation), whereas when su

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Bootvong, Parichart, and Than Dendoung. "Review Article: The Review of Legal Issues Related to the Impacts of Online Vacation Rental Platforms (OVRPs) on Vacation Condominium Rentals and the Hotel Industry in Thailand." Journal of Architectural/Planning Research and Studies (JARS) 15, no. 1 (2018): 1–16. http://dx.doi.org/10.56261/jars.v15i1.154189.

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This article reviews the impact of Online Vacation Rental Platforms (OVRPs) on vacation condominium rentals and the hotel industry in Thailand and discusses the legal implications of the OVRP use. The literature reviews are providing explanations of Thailand’s laws involving OVRPs and exploring current connections between hotels, vacation condominiums and online rental platforms, using case studies and examples. We find that OVRPs provide short-term rentals in most vacation condominiums at popular tourist destinations in Thailand. According to the Thai Civil and Commercial Code, B.E. 2551, the

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Cascardi, Michele, Christopher M. King, Daniel Rector, and Jill DelPozzo. "School-Based Bullying and Teen Dating Violence Prevention Laws: Overlapping or Distinct?" Journal of Interpersonal Violence 33, no. 21 (2018): 3267–97. http://dx.doi.org/10.1177/0886260518798357.

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The most recent legislative attempts to curb violence in schools have been school-based dating violence prevention laws. In the previous decade, there was an increase in legislation designed to prevent bullying in schools; these laws now exist in 50 states. However, most anti-bullying laws provide an expansive definition of bullying that includes any type of peer aggression, harassment, or teen dating violence (TDV). Having several different state and federal laws aimed at curtailing multiple forms of aggression may produce confusion about appropriate intervention and disciplinary responses, r

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Simma, Bruno. "FOREIGN INVESTMENT ARBITRATION: A PLACE FOR HUMAN RIGHTS?" International and Comparative Law Quarterly 60, no. 3 (2011): 573–96. http://dx.doi.org/10.1017/s0020589311000224.

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AbstractThe protection of foreign investment by way of treaties and arbitration has recently suffered attacks on its legitimacy. The article turns on human rights concerns in this context and analyses what legal mechanisms and arguments can be employed to ease the tension between investment protection and human rights. Harmonization in this regard finds two key entry points: first, at the inter-State level of investment agreements, and secondly, at the intra-State level of the foreign investment contract. At the first level, human rights considerations, particularly concerning economic and soc

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Pazienza, Mariapia, Martin de Jong, and Dirk Schoenmaker. "Why Corporate Sustainability Is Not Yet Measured." Sustainability 15, no. 7 (2023): 6275. http://dx.doi.org/10.3390/su15076275.

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Measuring Corporate Sustainability (CS) has been identified as an important enabler for integrating sustainability into corporate practices. Different methodologies and frameworks for measuring CS have been developed in the literature with limited success, as reflected by the lack of application in the real world. Among practitioners, the effort has been on developing frameworks that provide useful indicators of the different items that need to be considered for integrating sustainability. Notwithstanding the increasing attention and progress on the subject, a cohesive and applicable measure o

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Ispolinov, Aleksei, and Olga Kadysheva. "An apple of discord: pre-trial procedure in international justice and in the jurisprudence of the EAEU Court." Meždunarodnoe pravosudie 11, no. 2 (2021): 93–110. http://dx.doi.org/10.21128/2226-2059-2021-2-93-110.

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The present article assesses the approaches elaborated in the decisions of international courts and tribunals as well as in the doctrine of international law towards the legal value of pre-trial requirements. The role and significance of such requirements started to increase since almost in any case submitted to a court or arbitration the respondent states try firstly to question either jurisdiction of the court or tribunal in the specific case or admissibility of the claim. As a rule, such objections are based on allegations that the claimant failed to comply with pre-trial requirements such

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