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Journal articles on the topic 'Resolutions and decisions'
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1
Sumbarova, Marina. "ASSURANCE OF LEGALITY AND VALIDITY OF THE PROCEDURAL DECISIONS MADE BY THE INVESTIGATOR IN CRIMINAL PROCEEDING." Administrative and Criminal Justice 2, no. 71 (June 30, 2015): 28. http://dx.doi.org/10.17770/acj.v2i71.4331.
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One of participants of criminal trial – the persons directing process, according to the Criminal procedure law (CPL) existing now in Latvia is the investigator. According to point 1 of part 2 of article 29 CPL, it has rights in the order established by the law to make any procedural decision and to make any procedural action or to charge its production to participants of an investigation team or the performer of procedural instructions. In article the author investigates conceptual essence of criminal procedure decisions, the legal characteristic of the resolution of the investigator, decision-making in the form of resolutions on the beginning of criminal trial, refusal to begin criminal trial, and also the resolutions directed on collecting and fixing of proofs in criminal trial and other resolutions. Making procedural decisions is a guarantee of high-quality investigation of criminal trials and observance of the rights of its participants.
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Johansson, Patrik. "The Humdrum Use of Ultimate Authority: Defining and Analysing Chapter VII Resolutions." Nordic Journal of International Law 78, no. 3 (2009): 309–42. http://dx.doi.org/10.1163/090273509x12448190941129.
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AbstractUnder Chapter VII of the Charter of the United Nations, the Security Council has the unique authority to make decisions that are binding on member states. However, the lack of a standard definition of what makes a Security Council resolution "a Chapter VII resolution" has caused disagreement regarding the status of several resolutions. This is unfortunate as the international community should never have to doubt whether a Security Council resolution is in fact adopted under Chapter VII or not. It is also unnecessary. This article addresses this problem by proposing a definition of Chapter VII resolutions, based on two criteria referred to as "Article 39 determinations" and "Chapter VII decisions". On the basis of the proposed definition, the article describes and analyses a dramatic increase in the use of Chapter VII during the post-Cold War era. It concludes that as Chapter VII has come to constitute the majority of Security Council resolutions in recent years, the resort to Chapter VII no longer signifies exceptional determination and resolve, which it did during the Cold War; instead Chapter VII today implies business as usual. An appendix lists all Chapter VII resolutions from 1946–2008.
3
Galbraith, Jean. "Ending Security Council Resolutions." American Journal of International Law 109, no. 4 (October 2015): 806–21. http://dx.doi.org/10.5305/amerjintelaw.109.4.0806.
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Criticism of the Security Council tends to take one of two forms: first, that it does not act enough; and second, that it acts unwisely. Although these concerns are quite different, they both have partial causal roots in the Council’s voting process. Article 27 of the United Nations Charter provides that Council decisions on nonprocedural matters require “an affirmative vote of nine members including the concurring votes of the permanent members.” The ability of any of the five permanent member stove to a Council resolution makes it difficult for the Council both to act in the first place and to pass corrective resolutions when existing resolutions are criticized as problematic. Indeed, the difficulty of undoing resolutions can make Council members wary about allowing the passage of resolutions at the very outset.
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Behfar, Malihe, and Hassan Savari. "Determination of United Nations Security Council Resolutions by States." Journal of Politics and Law 9, no. 10 (November 30, 2016): 156. http://dx.doi.org/10.5539/jpl.v9n10p156.
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In United Nations history, the legality of Security Council Resolutions, in many cases, is challenged. Generally these challenges take by states that affected Security Councils decisions. With notice that states are the representative for implementation of Security Council Resolutions, they intervene their determination and interpretation in the way that implement Security Council Decisions. In some cases, domestic and regional courts determine the state action in implementation Security Council Resolutions. Although this cases couldn’t provide direct review on Resolutions but affected by way of implementation. Determination by states is probable and arises some concerns about decrease effectiveness of Security Council in maintenance of international peace and security.
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Stafiichuk, Kateryna Volodymyrivna. "Судові рішення суду касаційної інстанції в адміністративному судочинстві України." Copernicus Political and Legal Studies 1, no. 3 (2022): 30–38. http://dx.doi.org/10.15804/cpls.20223.04.
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The article analyzes the legal nature of court decisions of the Supreme Court as a court of cassation in the administrative proceedings of Ukraine. The concept and role played by court decisions of the court of cassation in administrative proceedings are defined. The types of court decisions of the Supreme Court as a court of cassation in the administrative proceedings of Ukraine are systematized. It is emphasized that the Supreme Court as a court of cassation within the limits set by the Code of Administrative Procedure of Ukraine, adopts rulings and rules. The decision on the cassation appeal is essentially made in the decision, which is final and not subject to further appeal. At the same time, the Code of Administrative Procedure of Ukraine provides for the possibility of adopting an additional resolution. It is emphasized that additional court decisions are made when all procedural issues have not been resolved by a ruling, in particular the issue of court costs. Such an additional decision is made by the court of cassation, which issued the main decision in the case. The content and structure of resolutions and rulings of the court of cassation in the administrative proceedings of Ukraine are studied. It is noted that although the procedural law distinguishes four components of court decisions: introductory, descriptive, motivational and operative parts, the Supreme Court in its rulings proposes a broader structure of court decisions. Many decisions of the Supreme Court reflect the following elements: introduction; the essence of the dispute; the factual circumstances of the case established by the courts; decisions of courts of first and appellate instances and motives for their adoption; cassation appeal; relevant sources of law and acts of their application; the position of the Supreme Court; court costs; operative part. It is emphasized that important in terms of resolving the case in fact play resolutions, which formalize the completion of the case, address the main issues and requirements of the cassation appeal, as well as the response to the cassation appeal. It is noted that the decisions are made on various procedural issues related to the progress of the case, motions and applications of the parties, the issue of adjournment of the case, adjournment, suspension of proceedings, etc. The type of judicial acts of the Supreme Court is singled out as a separate ruling by which the court can respond to violations of the law, in particular for abuse of procedural rights, violation of procedural duties, improper performance of professional duties by lawyers or prosecutors. which may bring the relevant persons to disciplinary responsibility.
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Proto, Massimo. "Legal Certainty in the Extrajudicial Dispute Resolutions." European Business Law Review 29, Issue 3 (June 1, 2018): 417–23. http://dx.doi.org/10.54648/eulr2018016.
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This essay explores the consequences of the existence of common principles in ADR proceedings, particularly in adjudicative ADR, which can supplement any limits of sectoral laws and regulations. In such cases, the role played by the individual called to settle the dispute may be extremely relevant: if, instead of applying the legal provisions laid down by the lawmaker, he evaluates the interests of the parties and ponders on their conduct, it may be possible to identify principles that are able to drive the decision-making process. Such principles would also apply to very different areas. However, the consequential and ambiguous concentration of the power to make the rule and the power to apply the rule under the same person may lead to unpredictable decisions.
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Glennon, Michael J. "The Constitution and Chapter VII of the United Nations Charter." American Journal of International Law 85, no. 1 (January 1991): 74–88. http://dx.doi.org/10.2307/2203559.
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Does Security Council Resolution 678, read in conjunction with the United Nations Charter, confer authority on the President under United States domestic law to introduce the United States Armed Forces into hostilities? The operative part of the resolution provides that the Security Council:1.Demands that Iraq comply fully with resolution 660(1990) and all subsequent relevant resolutions, and decides, while maintaining all its decisions, to allow Iraq one final opportunity, as a pause of goodwill, to do so;2.Authorizes Member States co-operating with the Government of Kuwait, unless Iraq on or before 15 January 1991 fully implements, as set forth in paragraph 1 above, the foregoing resolutions, to use all necessary means to uphold and implement resolution 660 (1990) and all subsequent relevant resolutions and to restore international peace and security in the area;3.Requests all States to provide appropriate support for the actions undertaken in pursuance of paragraph 2 of the present resolution;4.Requests the States concerned to keep the Security Council regularly informed on the progress of actions undertaken pursuant to paragraphs 2 and 3 of the present resolution;5.Decides to remain seized of the matter.
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ŚCIBIOREK, Zbigniew. "CONDITIONS OF THE DECISION - MAKING PROCESS." Journal of Science of the Gen. Tadeusz Kosciuszko Military Academy of Land Forces 186, no. 4 (October 2, 2017): 249–71. http://dx.doi.org/10.5604/01.3001.0010.7232.
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In the article it has been emphasized, without analyzing the problematic situation, that making decision is becoming an increasingly complex process. This is influenced by many factors, mainly the dynamism of changes taking place and the significant impact of the environment. Information is essential to take correct and effective decisions. It is not always certain (reliable). Uncertainty and risk accompany decision makers and the point is that the decisions are adequate to the ensuing situation and create realistic determinants for achieving objectives – the implementation of the planned tasks. Interdisciplinary knowledge and high competences of persons making resolutions of complex decision problems are indispensable.
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Recalde-Castells, Andrés, and Antonio Roncero-Sánchez. "The Judicial Control of a Cross-Border Merger approved by means of an abusive resolution." European Company and Financial Law Review 18, no. 5 (December 1, 2021): 773–93. http://dx.doi.org/10.1515/ecfr-2021-0030.
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The fight for the control of the Mediaset group has given rise to several judicial decisions issued in various national jurisdictions and even by the European Court of Justice. Three orders of Spanish Courts have been of particular interest. Two of them were issued by a Commercial Court in Madrid and the third one was issued on appeal by the Provincial Appeal Court Madrid. They instructed the suspension of the shareholders meeting resolutions of the Spanish Mediaset company approving a cross-border merger. The content of this resolution was to approve the acquisition of the Spanish company by another company domiciled in the Netherlands thus changing the applicable law. The resolution approving the merger was presumed (provisionally) to be abusive and, eventually, null and void. The decisions of the Spanish Court were grounded on the fact that the articles of association of the resulting Dutch company would be detrimental to the minority in the Spanish company. This limits the freedom of establishment (Art. 49 TFEU) and is based on a multilevel scrutiny, resulting from the national laws applicable to each company that participates in the merger. Those judicial decisions handled with other issues of interest in company law, such as the conclusive effect of the registration of a cross-border merger, the legitimation of the minority to challenge shareholders resolutions, or the effects of a shareholders meeting resolution replacing a previous merger resolution that has been challenged before the courts.
10
Wagner, William E. "Beyond Dollars and Cents: Using Civic Capital to Fashion Urban Improvements." City & Community 3, no. 2 (June 1, 2003): 157–73. http://dx.doi.org/10.1111/j.1535-6841.2004.00074.x.
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I propose a new way for thinking about the decisions that cities make to improve the quality of life for their citizens. I argue that cities differ in the amount of civic capital they possess. Cities with more civic capital are better able to make quality‐of‐life decisions than cities with less civic capital. I test this argument by providing measures of civic capital and quality‐of‐life resolutions, alike, and by analyzing the differences among five major cities. The final test, which assesses the impact of civic capital on quality‐of‐life resolutions over a long span of years, uncovers a strong and decisive relationship between civic capital and quality‐of‐life resolutions: where there is an increase in civic capital there is a somewhat later increase as well in the number of quality‐of‐life resolutions made by cities.
11
Bakurova, N. N. "Features of management decisions in enforcement agencies." Courier of Kutafin Moscow State Law University (MSAL)), no. 5 (July 15, 2024): 54–63. http://dx.doi.org/10.17803/2311-5998.2024.117.5.054-063.
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The article examines the features of managerial decision-making in such public authorities as enforcement agencies. The author considers management decisions in enforcement agencies from the point of view of the phonomena of their legal status, in particular, as a tool for ensuring the enforcement of an authoritative decision of a judge, judicial authority, other public authority, official in relation to a single legal entity: a citizen, an organization, a public authority. This proves the importance of the role of management decisions in ensuring human and civil rights as the highest value, authoritative publicly significant decisions on the scale of the entire state. Adhering to a broad interpretation of the definitions of the concepts of “public administration”, “act”, the author comes to the conclusion that the management decision — this is a process that requires formalization, and which permeates the entire activity of the enforcement authority, in particular and mainly, illustrating the process of enforcement proceedings, asserts that a management decision accompanies it from the moment of receipt of the enforcement document to its completion, says that as long as the state exists, it will need tools for the enforcement of authority decisions, and therefore in a management decision. According to the author, a legally significant managerial decision of the enforcement body, its official, is based on a triad of conditions on the basis of which it is made: legislative, jurisdictional, competent; it takes the form of a legal act of management, the main of which is a resolution. In addition to resolutions, the author names such forms of management decisions as a request, a bilateral act and others, arguing his position from the point of view of a broad understanding of the term “act”. The author comes to the conclusion that the adoption of a managerial decision in enforcement proceedings is a vivid example of a combination of administrative procedure and specific administrative and jurisdictional proceedings, characteristic only of a bailiff conducting enforcement proceedings, in the unity of conditionally allocated types of administrative procedural activities.
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Cook, Christopher J. "Commitment Decisions: The Law and Practice under Article 9." World Competition 29, Issue 2 (June 1, 2006): 209–28. http://dx.doi.org/10.54648/woco2006015.
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Article 9 of Regulation 1/2003 introduced a new kind of settlement decision, by which companies’ commitments to the Commission are made legally binding. The commitment decision is a welcome addition to the range of possible resolutions of Article 81 and 82 EC investigations: in principle, settlement represents a cheaper and faster way of addressing the harmful effects of anticompetitive conduct. Notwithstanding its attractions for companies and regulators, however, in the nearly two years since Regulation 1/2003 has been in force the Commission has issued only two final commitment decisions. The process thus remains novel, and significant questions have not been addressed. This article summarises the procedural and substantive rules governing Article 9 commitment decisions and offers some reflections on practical issues that have arisen or seem likely to arise in connection with the new settlement process. On the procedural side, it relates practical experience with the main steps of the Article 9 process and highlights the process’s relative lack of procedural safeguards for companies. On the substantive side, it explains the legal effects of a commitment decision on the decision’s addressees, on third parties, and on national competition authorities and courts. In particular: it outlines the extent to which commitment decisions may be appealed; details how far an EC commitment decision will protect the addressees against future challenge of related conduct by third parties or national authorities; and explains why commitment decisions must be treated with caution since they may tend to create a false impression of setting forth definitive legal rules, which they cannot do.
13
Crook, John R. "The Fiftieth Session of the UN Commission on Human Rights." American Journal of International Law 88, no. 4 (October 1994): 806–21. http://dx.doi.org/10.2307/2204145.
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The fiftieth session of the UN Human Rights Commission took place in Geneva between January 31 and March 11, 1994, under the chairmanship of Peter P. van Wulfften Palthe of the Netherlands. During its annual six weeks of rhetoric and resolutions, the Commission adopted 109 resolutions and decisions, most by consensus. It adopted resolutions or took other actions addressing human rights violations in thirty countries.
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Behfar, Malihe, and Hassan Savari. "Evaluation of United Nations Security Council Resolutions by States." Journal of Politics and Law 10, no. 1 (December 29, 2016): 204. http://dx.doi.org/10.5539/jpl.v10n1p204.
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In UNs history, the Legality of Security Council Resolutions, in many cases, is challenged. Generally, these challenges are taken by States that affected Security Council decisions. With notice that States are the representative for implementation of SCR, they intervene their determination and interpretation in the way that implement SC Decisions. In some cases, domestic and regional courts evaluate the state action in implementation SCRs. Although these cases couldn’t provide direct review on Resolutions, but affected in the way of implementation. Evaluation by States is probable and arises some concerns about decreased effectiveness of SC in the maintenance of international peace and security.
15
Makarawung, Julio Franco Jehovah, Richard Marsilio Waas, and Dyah Ridhul Airin Daties. "Kedudukan Resolusi Dewan Keamanan PBB Menurut Pasal 25 Piagam PBB." Balobe Law Journal 4, no. 1 (April 30, 2024): 42. http://dx.doi.org/10.47268/balobe.v4i1.2051.
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Introductioan: UN Security Council Resolutions in the form of decisions of the UN Security Council relating to the preservation and/or restoration of global peace and security which can be implemented legally, are essentially a valid statement of international law mandated by the goals and principles of the UN as outlined in the UN charter.Purposes of the Research: To analyze and find out about the Position of UN Security Council Resolutions according to Article 25 of the UN Charter. Methods of the Research: Normative legal research or library legal research is a process of finding legal rules, legal principles, and legal doctors to answer legal issues faced.Results of the Research: The decisions of the UN Security Council are based on Article 25 of the Charter, which is truly legally binding, even more so that it can conflict with the principles of international treaty law, namely the principle of Pacta Tertiis Nec Nocent Nec Prosunt because all these decisions can be binding on countries. Countries that are not members of the UN as stated in Article 2 paragraph (6) and Article 49 of the Charter. The position of the UN Security Council Resolution is binding not only on UN member states but also on non-UN member states as stated in Article 2 paragraph (6).
16
Leuciuc, Gabriela. "Decisions of the General Meeting of Shareholders in a Limited Liability Company, Legislative and Doctrinal Aspects." European Journal of Law and Public Administration 10, no. 2 (December 20, 2023): 83–94. http://dx.doi.org/10.18662/eljpa/10.2/211.
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The decisions of general meetings embody the social will, which is forged in the course of debates through the joint, collegial effort of the participating members, driven by a unitary interest of the limited liability company. The resolutions of general meetings have therefore been described as collective legal acts, the manifestation of a collective will, which incorporates the individual wills of the members who participate together in its conclusion and which is formed on the basis of the majority principle, according to which the majority signifies the will of society, governed by a general interest, which justifies the sacrifice of the minority of members. This is also the reason why resolutions are binding on members who did not attend the general meeting or who voted against the majority decision and asked for it to be included in the minutes of the meeting, provided that they were validly adopted.
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Morel, François. "Les fondements institutionnels du processus décisionnel de la Cour supérieure et de la Commission des affaires sociales." Les Cahiers de droit 27, no. 3 (April 12, 2005): 647–483. http://dx.doi.org/10.7202/042764ar.
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Administrative justice implies a speedy resolution of a large number of cases, employing methods that are more informal, more accessible, and less costly than those which are inherent in the functioning of the traditional court system. Given these fundamental differences, the jurist can ask whether administrative tribunals, on the one hand, and traditional courts, on the other, arrive at similar judicial resolutions to similar legal problems. More pointedly, « Is administrative justice comparable in quality to that rendered by the traditional civil courts ? » This problem is addressed here through a methodical examination of the decision-making process, as employed by the Superior court of Quebec, and the Commission des affaires sociales, to give effect over the medium term (1976-1984) to two legal rules. A corpus of pertinent judgements and decisions is studied, with a view to discover how these rulings reflect the institutional and procedural differences underlying the decision-making process of the Superior court and of the Commission des affaires sociales. It is assumed that this process is the same for both institutions, and can be artificially fragmented and examined, in the light of the selected judgements and decisions. The result is a step-by-step, comparative commentary on the quality of justice as rendered by a traditional civil court and an administrative tribunal.
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Stelmasiak, Jerzy. "Selected Issues of Animal Protection in the Light of the Judicial Decisions of the Supreme Administrative Court." Studia Iuridica Lublinensia 30, no. 3 (September 16, 2021): 195–206. http://dx.doi.org/10.17951/sil.2021.30.3.195-206.
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The article analyses and assesses the line of judicial decisions of the Supreme Administrative Court regarding a temporary seizure of an animal from its owner or guardian following a breach of the obligation to treat it humanely. The article also analyses the legal status that social organisations, the statutory aim of which is the protection of animals, has in administrative proceedings. Next, the author presents the characteristics of resolutions of municipal councils on the municipal programme of care for homeless animals and prevention of animal homelessness, which in the court judicial decisions are classified as local legal enactment. Finally, the article presents the line of judicial decisions concerning the relation between a resolution introducing a by-law on maintaining cleanliness and order in a municipality and the requirements of animal protection set out in the Act of 21 August 1997 on the protection of animals.
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Orakhelashvili, Alexander. "un Security Council Resolutions before uk Courts." Max Planck Yearbook of United Nations Law Online 19, no. 1 (May 30, 2016): 39–64. http://dx.doi.org/10.1163/18757413-00190003.
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Over the past decade, the effective performance by the UN Security Council of its primary responsibility in the area of peace and security has increasingly become contingent on the implementation of its decisions within the national legal systems of the UN Member States. An examination of this issue in the context of the British legal system could offer a useful case-study of the ways to enhance the effectiveness of the UN collective security mechanism, to enforce the limits on the legitimacy of that mechanism, and also to highlight the practical difficulties that may accompany the attempts to apply Security Council resolutions domestically. This contribution exposes all these issues, focusing on the practice of the uk courts over the past decade. It examines the mediation of the effect of Security Council resolutions into English law through the 1946 United Nations Act, the royal prerogative and other common law techniques. After that, the contribution moves on to examine the English courts’ handling of the normative conflict between a Security Council resolution and other sources of international law.
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Adnan Rahman, Sania Muneer, and Muhammad Mumtaz Ali Khan. "Impact of Shimla Agreement on the Application of UN Resolutions on Jammu and Kashmir: A Critical Analysis under International Law." PERENNIAL JOURNAL OF HISTORY 2, no. 2 (December 26, 2021): 285–302. http://dx.doi.org/10.52700/pjh.v2i2.75.
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The purpose of this paper is to explore and analyze the impact of the Shimla Agreement on the application of the United Nations’ resolution on Jammu and Kashmir with special reference to the International law. The conflict of Jammu and Kashmir has been a longstanding conflict for right to self-determination for people of Jammu and Kashmir. There are almost twenty resolutions of the UNSC and UNCIP on Jammu and Kashmir and the issue is still pending in the United Nations Security Council. However, there has been a debate on the impact of the Shimla agreement on the applicability and validity of the resolutions of the United Nations in post 1972 scenario. This paper will critically analyze and objectively review the various legal dimensions of the Shimla Agreement in juxtaposition with the leading principles of International law as well as decisions of the ICJ on similar matters. Moreover, this paper will also analyze the nature, scope and applicability of the resolutions of the UNSC and UNCIP in the light of the International law. The findings of this research work are based upon the critical review of the existing literature on the Shimla Agreement and its impact on the UN Resolutions. This study will suggest the effective analysis and will address all the questions pertaining to the nature, scope and legal impact of the Shimla Agreement on the nature and scope of applicability of UN Resolutions on Jammu and Kashmir. This study can be very useful and relevant in future to analyze the nature of the Shimla agreement and the binding nature and applicability of the resolutions of the United Nations on Jammu and Kashmir.
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Collopy, Bart J. "The Moral Underpinning of the Proxy-Provider Relationship: Issues of Trust and Distrust." Journal of Law, Medicine & Ethics 27, no. 1 (1999): 37–45. http://dx.doi.org/10.1111/j.1748-720x.1999.tb01434.x.
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Despite clear legislative and judicial support, a well established ethical consensus, and increased efforts at information dissemination and education, proxy decision making for incapacitated patients continues to produce moral muddle and poor resolutions in end-of-life care.In her analysis of the proxy-doctor relationship, Nancy Dubler spells out the institutionalized patterns that keep the promise of proxy directives so often unrealized. Facing medically complex care of an incapacitated patient, health care teams are apt to view the proxy as a potentially indecisive or unrealistically demanding decision-maker, less a stand-in for the patient than an interloper whose improper, misguided, or self-interested decisions will work against the patient's best interests. So perceived, proxies are routinely relegated to the edges of care planning discussions, left relatively uninformed and unconsulted, and then suddenly thrust center stage to face decisions they find overwhelming. Confronting such decisions, proxies need support and compassion. What they often find is isolation and distrust, a web of professional and institutional practices that trammel their efforts to understand and execute their role.
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Helmersen, Sondre Torp. "The Methodology of Formal Interpretations of Judicial Decisions by the International Court of Justice." Nordic Journal of International Law 90, no. 3 (October 12, 2021): 312–42. http://dx.doi.org/10.1163/15718107-bja10015.
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Abstract This article examines the International Court of Justice’s methodology in cases where it interprets its own decisions under the procedure in Article 60 of the Statute. The Court is constrained by respect for the res judicata of the previous decision. When interpreting the decision the Court and its judges strive to find the intention behind a decision, and emphasise elements that include wording, context, and object and purpose. A comparison with how the Court interprets treaties, resolutions from the United Nations Security Council, and unilateral declarations by States show that the instruments have important different but that their interpretation nonetheless have some basic similarities. On this basis it may be possible to formulate general principles of interpretation in international law.
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Field, Sarah M. "UN Security Council Resolutions Concerning Children Affected by Armed Conflict: In Whose ‘Best Interest’?" International Journal of Children’s Rights 21, no. 1 (2013): 127–61. http://dx.doi.org/10.1163/15718182-5680023.
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The agreement by the Security Council to adopt thematic resolutions on children is a powerful expression of our collective commitment to children and their rights: specifically to ensuring children’s right to protection from serious violations of international law. Still history is replete with examples of protectionism by powerful decision-makers; not all follow a rights-based approach as entrenched within international human rights law. The objective of this paper is to investigate the decision-making processes and related outcomes of the Security Council from the perspective of international law. At the core of this investigation is an analysis of two interconnected dynamics: first the extent to which the Council is bound – under the Charter of the United Nations – by the Convention on the Rights of the Child (CRC); and second the extent to which the Council is in compliance with these obligations. This includes de-constructing the resolutions from the perspective of the procedural right of the best interests of the child and also assessing the outcomes with reference to the Council’s primary responsibility – the maintenance of peace and security. Attentive to the normative power of the Security Council’s decisions and recommendations, the paper cuts deeper to investigate: (i) the legal effects of the resolutions for the development international law relating to children and (ii) the consequences for children’s right to protection from serious violations of international law – present and future.
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Amalia, Yeni, Amin Purnawan, and Djunaedi Djunaedi. "Position & Responsibilities of Notaries in Implementing Circular Resolutions of Foreign-Owned Branch Companies." Sultan Agung Notary Law Review 3, no. 3 (August 21, 2021): 1099. http://dx.doi.org/10.30659/sanlar.3.3.1099-1107.
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This study aims to determine the position and responsibilities of a notary in the organs of a Limited Liability Company. There are two types of Limited Liability Company, namely Public Company and Private Company. In a closed company, it is very possible to make circular decisions because the number of shareholders is not as many as a public company. The approach method used in this study is an empirical juridical approach, which is an approach that examines secondary data first and then proceeds with conducting primary data research in the field. Circular decisions are made when it is not possible for a Limited Liability Company to hold a General Meeting of Shareholders or an Extraordinary General Meeting of Shareholders whose provisions can be seen in Article 91 of the UUUP. In Indonesia and even around the world, we are facing a pandemic due to Corona Virus Disease or COVID-19. For a Limited Liability Company whose shareholders are foreigners, a Foreign Investment Limited Company (PMA), of course, cannot come to the position of a Limited Liability Company in Indonesia. So that it is done through video conference whose provisions can be found in Article 77 of the Company Law. Notaries are responsible for making Circular Deeds that do not violate the provisions of the Company Law. The position of the Notary appointed to make the deed of the Circular Decree of the Company can be selected from all over Indonesia. As long as the parties are facing the Notary. However, if a Notary is appointed to follow the process of implementing the Circular Decision, it must be a Notary who has the same position as the Limited Liability Company or may also have a different position but is still in the same province from the position of the Notary appointed to follow the Circular Decision of the Shareholders.
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Boyashov, Anatoly. "Commonwealth Proposals for the Depoliticization of Human Rights in the UN System." Eurasia. Expert, no. 3 (2021): 55. http://dx.doi.org/10.18254/s271332140017051-3.
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"Violation of human rights" appears over and over again in the statements of Western countries accompanying the latest sanctions against the "regime" in Minsk. On 13 July, the UN HRC adopted another resolution on the human rights situation in Belarus, but the Belarusian Foreign Ministry stressed that if decisions were made objectively, "almost all Western countries should have received separate resolutions. Minsk suggests taking measures against the politicization of this topic at the UN. The purpose of this article is to show some proposals for depoliticizing human rights in the UN system.
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Fennych, V. "The legal force of decisions of the court of first instance in civil proceedings." Uzhhorod National University Herald. Series: Law 1, no. 76 (June 14, 2023): 189–93. http://dx.doi.org/10.24144/2307-3322.2022.76.1.29.
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The scientific article is devoted to the characteristics and analysis of the legal force of the decisions of the court of first instance in the civil process and the legal consequences that arise. The author notes various issues that can be resolved by the decisions of the court of first instance during the consideration and resolution of a civil case, what significance this has for the participants in the process in general and the participants in the case in particular, as a result of which the problem of the legality of the decisions of the first instance court is actualized.
It is argued that the rulings of the court of first instance in civil proceedings, as well as the court's decision, act as an act of justice. As a result, the analysis of the features of the legal force of the decisions of the court of first instance, compared to the decisions of the court of first instance, is carried out. It is noted that the legal force of the decisions of the court of first instance is their legal effect, which generates such legal consequences as immutability, exclusivity, obligation and prejudice. The specified legal consequences are analyzed, but in the context of the decisions of the court of first instance. It is argued that such a legal consequence as binding is most obviously manifested, since the decisions of the court of first instance must be implemented immediately from the moment they are announced or signed. For this, it is not even necessary to apply to the court for an executive document, as in the case of a court decision, since the decision of the court of first instance simultaneously acts as an executive document. On the other hand, such properties of the legal force of the court's decision as immutability, exclusivity and prejudiciality with respect to the decisions of the court of first instance in civil proceedings are manifested quite peculiarly. If for a court decision that has entered into legal force, immutability means the impossibility of appealing them, then, as a general rule, court decisions after their announcement or from the moment they are signed, that is, from the moment they entered into legal force, can be appealed to the courts of higher instances, and the last to cancel and change them or issue new ones. Exclusivity as a property of legal force is characteristic for some court decisions (for example, decisions closing proceedings in a case), but not for others. In most cases, failure to satisfy applications or petitions based on which resolutions were issued does not prevent a person from submitting identical petitions or applications again. As a rule, this is not characteristic of court decisions. If the prejudicial nature of court decisions clearly follows from the current Code of Criminal Procedure of Ukraine, then such a property according to the decisions of the court of first instance, according to the position of the highest judicial body of Ukraine, is preserved only for those who decide the case on the merits.
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قاسم, انمار نايف. "Impact of the Supervisory Role of the international Court of Justice on Security Council Resolutions." Al-Kitab Journal for Human Sciences 4, no. 6 (July 19, 2023): 25–38. http://dx.doi.org/10.32441/kjhs.4.6.2.
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It was previously mentioned that in issuing its decisions, the Security Council is governed by legal controls that it must observe in order for its decisions to be legitimate and receive acceptance by the countries concerned with their mplementation. These controls were embodied in two objective and procedural ategories so that its work is consistent with the provisions of the United Nations Charter and the rules of international law in general, and to ensure This commitment included an aspect of the proposals and projects presented in connection with the reform of the Security Council, the necessity of its decisions being subject to a type of oversight that puts an end to the direction it takes in some of these decisions outside the circle of legitimacy, and supervision ensures that the Security Council does not exceed the powers and powers vested in for him . However, there is a juristic disagreement about determining who is responsible for oversight, some of whom made it the prerogative of the General Assembly, and some of them demanded that the decisions of the Council be subject to Sharia preventive oversight exercised by the International Court of Justice through an advisory opinion, as well as the possibility of the decisions being subject to subsequent control of the Council from Also accepted by the International Court of Justice, in accordance with its jurisdiction.
Since the International Court of Justice is the main judicial organ of the United Nations, the hopes of many countries have been directed towards them, in order to have a role in overseeing the legitimacy of Security Council resolutions, especially countries that are in urgent need of the protection provided by the presence of this oversight.
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Boychuk, Den, Colin B. McFayden, Jordan Evens, Jerry Shields, Aaron Stacey, Douglas G. Woolford, Mike Wotton, Dan Johnston, Dan Leonard, and Darren McLarty. "Assembling and Customizing Multiple Fire Weather Forecasts for Burn Probability and Other Fire Management Applications in Ontario, Canada." Fire 3, no. 2 (May 29, 2020): 16. http://dx.doi.org/10.3390/fire3020016.
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Weather forecasts are needed in fire management to support risk-based decision-making that considers both the probability of an outcome and its potential impact. These decisions are complicated by the large amount of uncertainty surrounding many aspects of the decision, such as weather forecasts. Wildland fires in Ontario, Canada can burn and actively spread for days, weeks, or even months, or be naturally limited or extinguished by rain. Conventional fire weather forecasts have typically been a single scenario for a period of one to five days. These forecasts have two limitations: they are not long enough to inform some fire management decisions, and they do not convey any uncertainty to inform risk-based decision-making. We present an overview of a method for the assembly and customization of forecasts that (1) combines short-, medium-, and long-term forecasts of different types, (2) calculates Fire Weather Indices and Fire Behaviour Predictions, including modelling seasonal weather station start-up and shutdown, (3) resolves differing spatial resolutions, and (4) communicates forecasts. It is used for burn probability modelling and other fire management applications.
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Zhao, Qiuhong. "Do managers manipulate earnings to influence credit rating agencies’ decisions?" Review of Accounting and Finance 16, no. 3 (August 14, 2017): 366–84. http://dx.doi.org/10.1108/raf-05-2016-0078.
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Purpose This study aims to investigate whether firms engage in earnings management behavior that attempts to manipulate Credit Rating Agency (CRA) perceptions during the Watchlist process and, if so, whether earnings management behavior appears to influence CRAs’ decisions. Design/methodology/approach To measure earnings management activities, this paper computes accrual-based and real earnings management measures in the year or in the quarter immediately before the Watchlist resolutions for all negative and positive Watchlist firms. To examine the association between the levels of earnings management and Watchlist resolutions, a logit model is applied to the data obtained from a sample of Watchlist firms. Findings Some evidence suggests that managers in Watchlist firms manage earnings in attempts to gain favorable Watchlist treatment. The findings are consistent with the Graham et al.’s (2005) survey evidence, which shows that one of the primary reasons for earnings management is to gain (or preserve) a desirable rating. In addition, CRAs appear to be misled by these attempts during the negative Watchlist process period. Research limitations/implications The findings support SEC’s (2011, 2013a, 2013b) rules to reduce its reliance on credit ratings and the recent regulation reforms concerning the competition in the rating industry [the Credit Rating Agency Reform Act (2006)], and concerning conflicts of interest of CRAs among others [Dodd–Frank Wall Street Reform and Consumer Protection Act (2010)]. Originality/value While many studies examine whether managers use discretionary accruals as a tool to manage earnings to obtain favorable ratings, those studies do not consider manipulation of real operating activities to manage earnings and CRA perceptions.
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الغريري, أحمد, and ثامر البديري. "John Adams and his federal government in the face of Republican opposition led by Thomas Jefferson and the Kentucky and Virginia Resolutions of 1798-1799." Kufa Journal of Arts 1, no. 18 (April 21, 2014): 219–42. http://dx.doi.org/10.36317/kaj/2013/v1.i18.6431.
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The Kentucky and Virginia resolutions are the political statements that were drafted in 1798. They are legislative laws adopted by the Republicans as a position opposing the direction of the federal laws regarding foreign aliens, the press law, and unconstitutional sedition, according to the Republican legislator who argued through these decisions the right and duty of these states to declare null and unconstitutional (1). These federal laws, in reference to the rights and strong legitimacy of these states derived from the spirit of the Constitution of the Union of the United States. The Kentucky and Virginia resolutions were written in the period between (1798-1799) secretly by Vice President Thomas Jefferson and James Madison, respectively, as both of them referred to the resolutions as the “98 Principles” (2).
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Gómez-Vadillo, Mónica, Mario Mingarro, Guim Ursul, and Robert J. Wilson. "Assessing Climate Change Exposure for the Adaptation of Conservation Management: The Importance of Scale in Mountain Landscapes." Land 11, no. 11 (November 16, 2022): 2052. http://dx.doi.org/10.3390/land11112052.
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Vulnerability of mountain ecosystems to climate change depends on the capacity of topographic variation to provide heterogeneous microclimates and rates of climatic change. Accurate methods are therefore needed to assess climate at spatial resolutions relevant to ecological responses and environmental management. Here, we evaluate a mechanistic microclimate model (30 m resolution; Microclima) and mesoclimate data (1 km; CHELSA) against in situ temperatures, finding that both capture (whilst somewhat underestimating) variation well in observed ground-level maxima along a mountain ridge in 2011-13. We apply the models to estimate ecological exposure to recent temperature changes for four mountain areas of the Iberian Peninsula, based on analogous and non-analogous monthly maxima in 1980–1989 versus 2010–2019. The microclimate model revealed fine-resolution exposure to non-analogous conditions that were concealed in mesoclimate data, although whether exposure was greater at the micro- or mesoscale (and hence the types of organisms or management decisions affected) depended on the topographic context of each mountain range. Habitat type influenced microclimatic exposure, and hence may provide opportunities for conservation adaptation. These results suggest that mechanistic models are potentially useful tools to assess exposure to climate change at spatial resolutions that permit understanding and management of biodiversity responses in mountain ecosystems.
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Sumarsono, Irwan, Suprihatien Suprihatien, Perwi Darmajanti, Chatarini Septi Ngudi Lestari, Sri Hardiningsih, and Muhammad Guruh Nuary. "Sian Heder’s CODA and the Struggle for Artistic Freedom." World Journal of English Language 14, no. 4 (March 22, 2024): 33. http://dx.doi.org/10.5430/wjel.v14n4p33.
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This study analyzed the relationship between the main character’s artistic freedom and her complex family responsibilities as reflected in Sian Heder’s CODA. The writers focused on analyzing how Ruby, a young musician from a deaf family, handles her inner conflict between gaining her creative ambition and her social expectations and familial responsibilities. The writers analyzed how Ruby resolves the tension she faces and makes decisions and resolutions to pursue her artistic ambition. This study was expected to deepen our understanding of the complexities of balancing creative expression, family, and self-discovery. The writers got the main data from Sian Heder’s CODA, while the supporting data were derived from English literature journals, e-books, and other sources on the internet. The result shows that Ruby manages to handle her inner conflict, make decisions and resolutions to pursue her dream, and make her family believe that what she decides will bring betterment for her and her family.
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GVELESIANI, REVAZ. "COMPATIBILITY PROBLEM OF BASIC PUBLIC VALUES WITH ECONOMIC POLICY GOALS AND DECISIONS FOR THEIR IMPLEMENTATION." Globalization and Business 4, no. 7 (June 25, 2019): 32–38. http://dx.doi.org/10.35945/gb.2019.07.004.
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Economic policy related decisions are very complex in their logical structure because of the multilateral interdependence of the Social-economic events. Every decision includes some kind of vagueness. It is either clear or vague whether economic-political situation and results of discussed actions are analyzed well. The logical structure of decisions is the objective of the theory of the decision making. This theory helps to assess and overcome the problems in economic policy related decision making. Economic policy is oriented on achieving the predefined goals. These goals are determined by economic situation and many normative attitudes (basic values). There is an agreement on one part of the goals among the majority of developed countries. The laws and resolutions issued by different governments often include economic indicators, including: significant economic growth, high level of employment, appreciating the currency as an indicator of stability of prices, foreign economic relations, foreign economic equilibrium or fair distribution of the income and the property. This is the partial list of the goals, but it is enough to demonstrate that goals are the only means (instruments) for realizing all-inclusive norms of basic public values.
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GVELESIANI, REVAZ. "COMPATIBILITY PROBLEM OF BASIC PUBLIC VALUES WITH ECONOMIC POLICY GOALS AND DECISIONS FOR THEIR IMPLEMENTATION." Globalization and Business 4, no. 7 (June 25, 2019): 32–38. http://dx.doi.org/10.35945/gb.2019.07.004.
Full textAbstract:
Economic policy related decisions are very complex in their logical structure because of the multilateral interdependence of the Social-economic events. Every decision includes some kind of vagueness. It is either clear or vague whether economic-political situation and results of discussed actions are analyzed well. The logical structure of decisions is the objective of the theory of the decision making. This theory helps to assess and overcome the problems in economic policy related decision making. Economic policy is oriented on achieving the predefined goals. These goals are determined by economic situation and many normative attitudes (basic values). There is an agreement on one part of the goals among the majority of developed countries. The laws and resolutions issued by different governments often include economic indicators, including: significant economic growth, high level of employment, appreciating the currency as an indicator of stability of prices, foreign economic relations, foreign economic equilibrium or fair distribution of the income and the property. This is the partial list of the goals, but it is enough to demonstrate that goals are the only means (instruments) for realizing all-inclusive norms of basic public values.
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Chłopowiec, Michał. "Pokuta w dokumentach synodalnych chrześcijańskiej starożytności." Vox Patrum 55 (July 15, 2010): 121–34. http://dx.doi.org/10.31743/vp.4329.
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Theology of penance, the deed, was shaped by theologians and legislation, which mainly, in the first epoch, led to punishment. The nature of foreseen reward was (relatively) exactly defined by the quantity and quality. Obligatory resolutions where defined to current law and community, therefore undertaken resolutions were not necessarily in the scope of defined requirements, that is why, in general, rarely obligated the church. Resolutions of two synods taken place in Elwir and Ancyr, introduced in the first part of the article, deemed to have the most severe requirements, without references from synods from other provinces. The second part of the article shows decisions, undertaken by synods in concrete uses, in chosen fields of life and individual states. Over the centuries, formulated sanctions, as an example, showed a progressive appeasement of penitential achievement, even if such process was not at a uniform rate.
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White, Nigel. "Case Analysis: To Review or Not to Review? The Lockerbie Cases Before the World Court." Leiden Journal of International Law 12, no. 2 (June 1999): 401–23. http://dx.doi.org/10.1017/s0922156599000187.
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On 27 February 1998, the International Court of Justice rejected the preliminary objections of the US and of the UK in the cases concerning Questions of Interpretation and Application of the 1971 Montreal Convention Arising From the Aerial Incident at Lockerbie. The arguments made to the Court, and its decisions on jurisdiction and admissibility, are examined with a view to ascertaining the issues facing the Court, as well as the possible outcomes, if the cases reach the merits stage. The disputes over the Montreal Convention are considered, but particular attention is paid to the legal effects and, more widely, the legality of the relevant Security Council resolutions (Resolutions 748 and 883). The underlying question to be considered is whether there are any indications in the judgments that the Court is moving towards review of those resolutions.
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SAUL, BEN. "Legislating from a Radical Hague: The United Nations Special Tribunal for Lebanon Invents an International Crime of Transnational Terrorism." Leiden Journal of International Law 24, no. 3 (May 27, 2011): 677–700. http://dx.doi.org/10.1017/s0922156511000203.
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AbstractIn 2011, the Appeals Chamber of the UN Special Tribunal for Lebanon purported to identify a customary international crime of transnational terrorism and applied it in interpreting domestic terrorism offences under Lebanese law. This article argues that the Tribunal's decision was incorrect because all the sources of custom relied upon by the Appeals Chamber – national legislation, judicial decisions, regional and international treaties, and UN resolutions – were misinterpreted, exaggerated, or erroneously applied. The Tribunal's laissez-faire attitude towards custom formation jeopardizes the freedom from retrospective criminal punishment, subjugating the human rights of potential defendants to the Tribunal's own moralizing conception of what the law ought to be. The decision is not good for international law or public confidence in its institutions and processes.
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Marín-Bosch, Miguel. "How nations vote in the General Assembly of the United Nations." International Organization 41, no. 4 (1987): 705–24. http://dx.doi.org/10.1017/s002081830002765x.
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For over forty years the United Nations’ General Assembly has been meeting annually to examine a broad range of international issues. At the conclusion of its debates, it adopts resolutions and decisions on each of its agenda items. While some resolutions are procedural, many can be considered important, even historic, because of the events they spawned or because they marked a turning point in international relations. These include, among others, the Universal Declaration of Human Rights, the Declaration on the Granting of Independence to Colonial Countries and Peoples, the Partition of Palestine, and the recognition of the People's Republic of China as the only legitimate representative of China in the UN.
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Dvořák, Tomáš. "Soudní ochrana člena společenství vlastníků jednotek." AUC IURIDICA 67, no. 3 (September 13, 2021): 7–36. http://dx.doi.org/10.14712/23366478.2021.22.
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This scientific study deals with the issue of judicial protection of a member of the community of unit owners after the amendment of Act No. 89/2012 Sb., The Civil Code, as amended by Act No. 163/2020 Sb. (with effect from 1 July 2020). Judicial protection of a member of a community of unit owners covers three basic issues. The first is the issue of judicial protection against invalid and void resolutions of the Assembly. The second is the issue of a substantive review of valid assembly resolutions by the court. Finally, the issue of replacing pending resolutions of the assembly by court decisions. The study deals with both substantive and procedural issues. The author formulates the conclusion that the legal regulation is very complicated from a theoretical point of view and from a practical point of view will cause considerable difficulties in application.
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Qiao, Baisen. "Research on the Status of International Soft Law in the Field of the Law of the Sea." Journal of Education, Humanities and Social Sciences 11 (April 20, 2023): 397–406. http://dx.doi.org/10.54097/ehss.v11i.7744.
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Soft law is a concept opposite to hard law. It is not legally binding in principle, but it has the same effect as hard law. The diversity of international soft law manifestations is mainly reflected in the resolutions, decisions, declarations, statements, recommendations, guidelines, standards, general rules, and action plans of international organizations and international conferences.
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Wernli, Didier, Jean-Luc Falcone, Stephan Davidshofer, Kelley Lee, Bastien Chopard, and Nicolas Levrat. "Emergent patterns in global health diplomacy: a network analysis of the resolutions adopted by the World Health Assembly from 1948 to 2022." BMJ Global Health 8, no. 4 (April 2023): e011211. http://dx.doi.org/10.1136/bmjgh-2022-011211.
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From a complexity perspective on governance, multilateral diplomacy is based on interactions between people, ideas, norms, policies and institutions. This article uses a computer-assisted methodology to better understand governance systems as a network of norms. All World Health Assembly (WHA) resolutions that were available from 1948 to 2022 were collected from the WHO Institutional Repository for Information Sharing (IRIS) database. Regular expressions were used to identify how resolutions cite other resolutions and the resulting relationships were analysed as a normative network. The findings show that WHA resolutions constitute a complex network of interconnected global health issues. This network is characterised by several community patterns. While chain-like patterns are associated with specific diseases programmes, radial patterns are characteristic of highly important procedural decisions that member states reaffirm in similar situations. Finally, densely connected communities correspond to contested topics and emergencies. While these emergeng patterns suggest the relevance of using network analysis to understand global health norms in international organisations, we reflect on how this computational approach can be extended to provide new understandings of how multilateral governance systems work, and to address some important contemporary questions about the effects of regime complexity on global health diplomacy.
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Côrtes, Lara, and Ana Côrtes. "Right to Water and Courts in Brazil: How Do Brazilian Courts Rule When They Frame Water as a Right?" Water 13, no. 23 (November 27, 2021): 3362. http://dx.doi.org/10.3390/w13233362.
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The international protection given to the right to water has increased over the last decades, with two United Nations’ resolutions establishing a freestanding right to water in 2010. Several countries have a right to water enshrined in their constitutions, while in other countries, this right has been recognised by the courts. This study aims to assess whether and how Brazilian courts are deciding water-related conflicts using the “right to water” frame, what the content given to this right is, and whose rights are protected. We created a comprehensive database of decisions issued by Brazilian courts at different levels containing the expression “right to water”. Our main findings are that the great majority of decisions are from lower courts and were issued on individual cases related to water supply. Further, we have seen that courts are frequently prohibiting the disconnection of water supply services when extreme vulnerability is argued. The same has been seen in other Latin American countries, such as Argentina, Colombia, and Costa Rica, with the one main difference that in these countries, the right to water has been carved out by the Constitutional Courts. The Brazilian Federal Supreme Court, which has the last word on the interpretation of the constitution, has not issued any decisions establishing a right to water, but there is legal mobilisation aiming for this and using UN resolutions as a key argument.
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Springer, Beata. "Konsultacje społeczne jako forma demokratycznej partycypacji mieszkańców w zarządzaniu wspólnotą lokalną." Wrocławskie Studia Politologiczne 21 (March 14, 2017): 131–45. http://dx.doi.org/10.19195/1643-0328.21.9.
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Public consultation as a form of democratic participation in managing of local communityThe article discusses the issue of public consultation, legal and formal issues, used in national and European law. It shows the genesis of the Polish regulation of consultation. It presents one of the mechanisms for social participation in the local community and the opportunities offered by the use of this toolIt discusses how important it should be to consult with the people, to communicate with the public. The subject of the study is also a critical analysis of the solutions adopted in resolutions concerning the holding of consultations. At the same time particular examples of solutions used in resolutions of local government are shown. Attention is drawn to the irregularities in constructing the resolutions and the reluctance of parts of local authorities to carry out the consultations. The whole bearing was selected decisions and case law of the administrative courts.
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Catoto, Jerson. "A Forensic Linguistic Analysis of Modality on Prosecutors’ Resolutions." International Journal of Language and Literary Studies 4, no. 2 (June 4, 2022): 112–38. http://dx.doi.org/10.36892/ijlls.v4i2.933.
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Prosecutors are individuals assigned to resolve cases filed on courts. Their abilities to make keenly decisions provided a wide spectrum on the world of forensic linguistics. This study aimed at identifying the types of modals used and their functions in the prosecutors’ resolutions of different cases. Further, this forensic linguistic analysis determined the frequency of overused and misused modals. Anchored on the premise of Palmer (2001) on the types and functions of modals, this study found that the common speculative modality is -may. Deductive modality included modals such as -shall, -must, -would, -may, and -could. As appeared, modal -could was categorized under the reported modality. Permissives were -can, -cannot, -will, -would, and -must. Modals were used to predict, give the possibility, capability, and permission, necessity, requirement, and prescription. The modal -would appeared 14 times among the prosecutors’ resolutions. Implications for legal parlance and educational milieu were presented.
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Assyauqi, Melvina Aldhia, Ramlani Lina Sinaulan, and Putra Hutomo. "Kewenangan dan Tanggung Jawab Notaris Dalam Pembuatan Akta Pernyataan Keputusan Rapat Yayasan Yang Tidak Memenuhi Kuorum." JOURNAL of LEGAL RESEARCH 4, no. 2 (March 28, 2022): 275–86. http://dx.doi.org/10.15408/jlr.v4i2.25411.
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Notaries have jurisdiction under Article 15 of the UUJN and responsibility under Article 16 of the UUJN. A Notary's responsibilities extend beyond his own, as he is a public authority authorized to make a genuine deed. Because the Notary's negligence will have legal ramifications for the deed he made. Notaries must also follow all applicable laws and regulations while preparing the Deed of Statement of Foundation Meeting Resolutions. This study used the library research approach, which involves looking through library materials or secondary data. This project will discover, explain, and categorize library materials that provide information pertinent to the concerns presented. According to the research, a Notary's principal authority is to make a genuine document, which might be an official deed (relaas) or a party deed (partij). The UUJN controls a Notary's particular authority, which is to provide legal advice in connection with the making of a deed. The Foundation Law must be followed while drafting the Deed of Statement of Foundation Meeting Decisions based on the Trustees meeting decision. Deed of Statement of the Foundation Meeting Resolutions whose minutes do not reach the quorum are subject to sanctions such as cancellation of the deed.
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Nuraisah, Nuraisah, and Rika Erawaty. "Implikasi Hukum Ketidakpatuhan Korea Utara terhadap Resolusi Dewan Keamanan PBB dalam Uji Coba Nuklir." Uti Possidetis: Journal of International Law 2, no. 1 (June 10, 2021): 01–30. http://dx.doi.org/10.22437/up.v2i1.12108.
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Since 2006 to 2017 the Security Council has passed a resolution on North Korea's nuclear test act. Article 25 of the UN Charter states that Members of the United Nations agree to accept and implement the decisions of the Security Council in accordance with this Charter. North Korea as a UN member state that obtained the UN Security Council Resolution is obliged to implement the sanctions resolution. However, the sanctions contained in the resolution did not make North Korea stop its nuclear program and it shows North Korea's noncompliance with UN Security Council resolutions. Implications accompanying any denial by North Korea against the UN Security Council resolution which in general affects four fields, namely the fields of economy, politics, defense and international cooperation. In addition to non-military sanctions, the Security Council under chapter VII Article 42 of the UN Charter can impose military sanctions where possible, the Security Council can also impose sanctions through the UN General Assembly on its recommendation to suspend the rights of UN membership) and expulsion of a country from UN membership).
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Daniel, Paweł. "Legal status of the resolution on determining or refusing to determine the location of an investment project. Commentary on the judgement of the Supreme Administrative Court (NSA) of 14 October 2020, case file no. II OSK 3942/19." Nieruchomości@ : kwartalnik Ministerstwa Sprawiedliwości II, no. II (June 30, 2021): 123–35. http://dx.doi.org/10.5604/01.3001.0014.9271.
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1. Article 8 of the Act of 5 July 2018 on Facilitating the Organisation and Implementation of Housing Investment Projects and the Location of a Housing Investment Project shall not apply to resolutions on refusal to determine the location of a housing investment project. 2. A resolution of a municipal council (rada gminy) adopted pursuant to Article 7(4) of the abovementioned act regulating housing investment projects is discretionary in nature. 3. A resolution adopted by a municipal council pursuant to Article 7(4) of the abovementioned act regulating housing investment projects, i.e. a resolution concerning determining or refusal to determine the location of an investment project, should also be qualified as one of the forms of exercise the municipality’s spatial planning powers. Abstract The practice of administrative courts to date shows that not so many cases regarding the application of the Act on Facilitating the Organisation and Implementation of Housing Investment Projects and the Accompanying Investment Projects have appeared before the abovementioned courts. The commented judgment is an important voice in the application of the abovementioned act as it removes the so far existing concerns as to the legal status of the resolution on determining the location or refusal to determine the location of an investment project. The Supreme Administrative Court (NSA) ruled that resolutions passed by the municipal council under Article 7(4) of the Act on determining or refusing to determine the location of an investment project vest discretionary powers in the municipal council to make decisions and the act may not be interpreted as being restrictive of the administrative powers of the municipality with respect to spatial planning and development.
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Botha, A. "Creation of and first meeting of the new ISO technical committee for reference materials (ISO/TC 334)." Journal of Physics: Conference Series 2192, no. 1 (March 1, 2022): 012014. http://dx.doi.org/10.1088/1742-6596/2192/1/012014.
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Abstract On 14 December 2020, the ISO Technical Management Board (TMB) took the decision to transform ISO/REMCO, the ISO Committee for Reference Materials, and to create a new technical committee (ISO/TC 334). The main reason for this decision was to facilitate the transformation of the ISO/REMCO Guides, developed for the production and use of reference materials, into other ISO deliverables, most probably international standards. The inaugural meeting of the committee took place on 8 and 9 September 2021 and the resolutions from the first meeting was approved at a subsequent meeting on 16 November 2021. The most important decisions that were taken during this meeting included the approval of the title and scope of work of the committee and the plan of action for the transformation of the ISO/REMCO Guides into international ISO standards.
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Gomes, Eduardo Biacchi, Andréa Arruda Vaz, and Sandra Mara de Oliveira Dias. "Limites Éticos para o Uso da Inteligência Artificial no Sistema de Justiça Brasileiro, de Acordo com a Lei 13.709 de 2018 (LGPD) e Resoluções 331 e 332 do Conselho Nacional de Justiça." REVISTA INTERNACIONAL CONSINTER DE DIREITO 13, no. 13 (December 21, 2021): 107–24. http://dx.doi.org/10.19135/revista.consinter.00013.04.
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This research analyzes how artificial intelligence has been applied by the Judiciary in Brazil. What ethical limits should be established and observed in the implementation of Artificial Intelligence before the Resolutions of the CNJ, n. 331 that established the National Database of the Judiciary – DataJud, n. 332 that provides for ethics, transparency and Governance in the production and use of Artificial Intelligence in the Judiciary and Law 13,709 of 2018 that regulates data protection in Brazil. It is concluded that based on the Ethics on the use of Artificial Intelligence in Judicial Systems (CEPEJ), based on Articles 5, XXXVII and LIII, Article 93, IX of the CF/88, Article 20 of 13,709/2018 (LGPD) and Resolutions 331 and 332/2020 of the CNJ point to the need for human supervision in judicial decisions that use artificial intelligence in observance of the right of explanation and review. There are ethical limits to be observed in the production and use of Artificial Intelligence to avoid the bias and opacity of data that may contaminate judicial decisions from absolute nullity. Deductive method and bibliographic technique are used for the production of this article.
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Binet, Henri. "Juridical Consequences of the Decisions of the International Labour Conference." Relations industrielles 8, no. 1 (February 25, 2014): 109–17. http://dx.doi.org/10.7202/1022981ar.
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Summary The Author describes the International Labour Conference, as the "annual meeting of the Member States of the International Labour Office. " The I.L.O. has as purpose "to promote social justice in the interest of world peace.'' After a short analysis of the means at the disposal of this organization, the Author establishes the necessary distinctions between three types of decisions which the I.L.O. may reach: Resolutions, Recommendations and Conventions. He then emphasizes the characteristics of the obligation of the Member States towards conventions, discussing the rôle of public opinion and of the functions of boards of inquiry. The author gives considerable attention to the case of federated states such as Canada, who enjoy a privileged situation, as the legislative jurisdiction here on labour questions is not entirely confined to the central authority. The possible points of dispute are studied in conclusion as well as the eventual sanctions.