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Journal articles on the topic 'Transnational proceedings'

Author: Grafiati

Published: 10 March 2023

Last updated: 31 July 2025

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1

Wade, Marianne L. "Securing Defence Rights in Transnational Proceedings." European Journal of Crime, Criminal Law and Criminal Justice 23, no. 2 (2015): 145–69. http://dx.doi.org/10.1163/15718174-23022065.

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This paper identifies and analyses problems and weaknesses standing in the way of the provision of an effective defence in transnational criminal proceedings. Drawing upon some key findings of the Euroneeds study, it extrapolates results from that examination of eu criminal justice as valid for all transnational justice settings. It is argued that the failure to recognise legally the difference between national and transnational proceedings leads to a lacuna. Transnational criminal law and justice mechanisms are recognised as developed, above all, as tools of repressive criminal procedure leav

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2

Fursa, S. Ya, and E. I. Fursa. "The theory of the executive process and its conceptual apparatus." Uzhhorod National University Herald. Series: Law, no. 64 (August 14, 2021): 346–51. http://dx.doi.org/10.24144/2307-3322.2021.64.63.

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The article reveals the essence of the science of executive process as one of the branches of general science of law, which is a theoretical views, opinions, ideas, theories, concepts, concepts in the field of executive procedural relations, based on Ukrainian legislation, international law, achievements other countries in this field, which studies the patterns of origin, history of development and functioning of enforcement proceedings and executive procedural legal relations, their essence, place in the legal system, the role of social functions and the principles of their regu-lation and an

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3

Ho, Look Chan. "Anti-Suit Injunctions in Cross-Border Insolvency: A Restatement." International and Comparative Law Quarterly 52, no. 3 (2003): 697–736. http://dx.doi.org/10.1093/iclq/52.3.697.

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In its simplest form, a transnational insolvency involves an insolvency1 proceeding in one country, with creditors located in at least one additional country.2 In the most complex case, it involves multiple proceedings, subsidiaries, affiliated entities, assets, operations, and creditors in dozens of nations. Complex international insolvencies continue to proliferate alongside a burgeoning world-wide free market economy that entails the globalisation of commercial and financial markets.3

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4

Brotherton, David. "Proceedings from the transnational street gang/organization seminar." Crime, Media, Culture: An International Journal 3, no. 3 (2007): 372–81. http://dx.doi.org/10.1177/1741659007082472.

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5

Dulskyi, Oleksandr, Tetiana Leliuk, Viktor Luhovyi, Vadym Melnyk, and Igor Morgun. "International cooperation when collecting evidence in the investigation of transnational organized crime: challenges and opportunities." Revista Amazonia Investiga 12, no. 70 (2023): 88–101. http://dx.doi.org/10.34069/ai/2023.70.10.8.

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The purpose of the article is to highlight the organizational aspects of international cooperation during the collection of evidence in criminal proceedings related to the investigation of transnational organized crime. The results of the study indicated that international cooperation to collect evidence in criminal proceedings related to transnational organized crime involves a variety of actors, including international organizations, intergovernmental institutions, state and local authorities, judicial and law enforcement agencies, public associations and organizations and individual citizen

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Asgarova, Matanat Pasha. "Issues of international cooperation in criminal proceedings: Some problems of reform." Revista Amazonia Investiga 11, no. 52 (2022): 186–94. http://dx.doi.org/10.34069/ai/2022.52.04.20.

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It is studied reforming’s problems of the teamwork between countries in the field of criminal justice. The fundamental principles on which the teamwork of countries in the struggle with transnational crime is built, both generally accepted and enshrined in the lawmaking of the Republic of Azerbaijan, as well as the principles that were studied in the works of foreign scientists, were analyzed. After analyzing these principles, the authors identified problematic aspects of the existing teamwork between the efforts of countries in the area of resisting transnational crime, suggested possible way

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7

Chartrand, Rupert. "Canadian stay of proceedings in transnational insolvencies (part I)." International Insolvency Review 3, no. 2 (1994): 168–81. http://dx.doi.org/10.1002/iir.3940030206.

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Chartrand, Rupert. "Canadian stay of proceedings in transnational insolvencies (part II)." International Insolvency Review 4, no. 1 (1995): 1–24. http://dx.doi.org/10.1002/iir.3940040102.

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9

Zavydnyak, Iryna. "THE CURRENT STAGE OF LEGAL REGULATION OF INTERNATIONAL COOPERATION IN THE INVESTIGATION OF TRANSNATIONAL ECONOMIC CRIMES." Slovo of the National School of Judges of Ukraine, no. 4(37) (July 7, 2022): 153–62. http://dx.doi.org/10.37566/2707-6849-2021-4(37)-12.

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The article is devoted to the analysis of the current stage of legal regulation of international cooperation in the investigation of transnational economic crimes and the identification of shortcomings in international legal acts to determine the forms and directions of cooperation in the investigation of crimes of this category. On the example of international conventions in the field of international cooperation in criminal proceedings, bilateral agreements of Ukraine on international cooperation in the investigation of transnational economic crimes and multilateral regional conventions in t

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Lindt, Angela. "Transnational Human Rights Litigation." Journal of Legal Anthropology 4, no. 2 (2020): 57–77. http://dx.doi.org/10.3167/jla.2020.040204.

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In recent years, various transnational corporations (TNCs) have faced legal proceedings in their home states for human rights violations and environmental damage committed abroad. These transnational lawsuits are an attempt to overcome corporate impunity and establish transnational chains of responsibility. At the same time, the individual legal cases are marked by procedural and legal hurdles and may entail the risk of social costs for claimants. In this article, I explore what such transnational lawsuits can contribute from the perspective of social movements in the Global South. Taking the

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Benedetti, Lorenzo. "Information Flows in the Insolvency of Enterprise Groups." European Business Law Review 30, Issue 3 (2019): 417–38. http://dx.doi.org/10.54648/eulr2019019.

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The article deals with the information flows within restructuring proceedings of the companies groups, as the most important instrument for the coordination of the proceedings of the single members of them. The problem is analysed from a comparative perspective – considering Uncitral legislative Guide, EU Regulation (recast) about transnational insolvency, German insolvency law – as a premise to overview the possible solutions for the problem in Italian regulation.

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Boczek, Kamil. "Odpowiedzialność osób zarządzających w transnarodowych korporacjach w prawie karnym – aspekty międzynarodowe i transnarodowe." Problemy Prawa Karnego 30, no. 4 (2020): 75–96. http://dx.doi.org/10.31261/ppk.2020.04.03.

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Owing to increasing globalisation, transnational corporations play an important role in international trade. Those wealthy and very complex entities have a major impact on reality and often engage in activities which involve illegal practices such as the environmental pollution, forced labour and other serious infringement of employees’ right or even crimes against humanity. Carrying on business which is primarily profit-oriented may result in violations of fundamental human rights, if this is required for a corporation to financially exploit a business opportunity. It is difficult in practice

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13

Uhre, Andreas Nordang. "On the volatility of transnational actor populations: What has access got to do with it?" International Political Science Review 41, no. 5 (2019): 695–710. http://dx.doi.org/10.1177/0192512119883442.

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Over the past few decades, international organizations have increasingly granted transnational actors access to monitor and participate in their proceedings. Some observers have argued that stronger involvement of civil society may be a cure for the perceived democratic deficit in international political institutions. However, simply measuring levels of formal access tells us nothing about the degree to which access translates into participation. This article therefore examines the stability, or volatility, of two populations of transnational actors over a period of three decades. It finds sig

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Tang, Zheng Sophia. "Validity in patent infringement proceedings – a new approach to transnational jurisdiction." Queen Mary Journal of Intellectual Property 11, no. 1 (2021): 47–68. http://dx.doi.org/10.4337/qmjip.2021.01.03.

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Validity is frequently raised as an issue in patent infringement proceedings, either as a defence or as a preliminary question. Where a court may hear a dispute in relation to infringement of foreign patents, whether the court could and should adjudicate their validity is controversial. This article examines five approaches to this matter. It concludes that none of these approaches is perfect and that there is a lack of evidence-based assessment as to their efficiency. It then moves on to discuss the similar jurisdictional segregation which occurs between validity and infringement at the domes

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Zerbes, Ingeborg. "Legal Issues of Transnational Exchange of Electronic Evidence in Criminal Proceedings." European Criminal Law Review 5, no. 3 (2015): 304–11. http://dx.doi.org/10.5771/2193-5505-2015-3-304.

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Ambos, Kai. "The Transnational Use of Torture Evidence." Israel Law Review 42, no. 2 (2009): 362–97. http://dx.doi.org/10.1017/s0021223700000601.

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The Article examines the “transnational” use of torture evidence, i.e., the use of evidence obtained by torture by third states or parties in national criminal trials. The analysis of the law of the international criminal tribunals shows that supranational torture evidence must be excluded since such evidence is unreliable and damages the integrity of the proceedings. The same applies to the admission of transnational torture evidence before national tribunals. The strict exclusionary rule of Article 15 Convention Against Torture (CAT) confirms this view. The rationale for this rule is found i

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Satzger, Helmut. "The European Arrest Warrant in German-Italian Practice – Not a Success Story Without Problems." European Criminal Law Review 9, no. 3 (2019): 285–99. http://dx.doi.org/10.5771/2193-5505-2019-3-285.

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The European Arrest Warrant is often considered a success story among practitioners. Taking the German-Italian relationship as an example, it becomes apparent that this European instrument replacing to a great extent the classic extradition procedure is far from being a perfect tool to be used in transnational proceedings that can really be called “fair”.

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Jemielniak, Joanna, and Kun Fan. "Ethnographic Methods in the Study of Hybrid Processes in Arbitration: the Chinese and Western Perspectives." European Business Law Review 27, Issue 4 (2016): 555–85. http://dx.doi.org/10.54648/eulr2016025.

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The paper seeks to explore what tools can help in capturing regional particularities in the hybrid proceedings (a departure from the strictly adversarial model, opposing the well-established trend of judicialization of arbitration), as well as the scope and character of this trend in the context of theory of growing autonomization of international commercial arbitration as a ‘transnational legal order’. The authors argue that unfolding all the aspects of the observable, growing interest in hybrid proceedings calls for a systematic, ethnographic study. The ethnographic approach combined with a

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19

SEILKHANOVA, Saida, Aigerim SHEGEBAYEVA, Azina OTARBAYEVA, and Yestay ABILEZOV. "Criminal Procedure Aspects of the International Cooperation of States in the Field of Combating Transnational Organized Crime." Journal of Advanced Research in Law and Economics 10, no. 3 (2019): 904. http://dx.doi.org/10.14505//jarle.v10.3(41).27.

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The research dwells on criminal and legal aspects of international cooperation in the field of combating transnational organized crime. The issues of fighting against transnational organized crime affect all states without exception.Therefore the formation of national legislation in this area should consider the international experience in combating this phenomenon and utilize international legal acts that serve as the basis for creating not only specific norms but also a national policy to counteract transnational organized crime. This article aims at studying different forms of interaction b

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Bachmaier Winter, Lorena. "Transnational Criminal Proceedings, Witness Evidence and Confrontation: Lessons from the ECtHR’s Case Law." Utrecht Law Review 9, no. 4 (2013): 127. http://dx.doi.org/10.18352/ulr.246.

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Schloenhardt, Andreas. "International Cooperation under the United Nations Convention against Transnational Organized Crime." Brill Research Perspectives in Transnational Crime 3, no. 4 (2021): 3–25. http://dx.doi.org/10.1163/24680931-12340020.

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Abstract This article examines the international cooperation provisions under the United Nations Convention against Transnational Organized Crime and their practical application in reported cases. It explores the circumstances in which States Parties have used or attempted to use the Convention as a legal basis for extradition, mutual legal assistance, transfer of sentenced persons, transfer of criminal proceedings, joint investigations, or other forms of international cooperation. The article seeks to provide a better understanding of the opportunities offered by the international cooperation

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22

Septin Puspoayu, Elisabeth, and Peni Jati Setyowati. "Illegal, Unreported, and Unregulated Fishing as Transnational Organized Crimes." SHS Web of Conferences 54 (2018): 05003. http://dx.doi.org/10.1051/shsconf/20185405003.

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IUU Fishing (Illegal, Unreported, and Unregulated Fishing) is a fishing activity conducted in territorial waters or EEZ of a country that is unlawfully or unlicensed, and it is not reported or incorrectly reported either on its operations or the data of the vessels and its catch to the authorized fisheries institution. IUU fishing criminals are often a group of foreign organized crime that may cause the implementation of legal proceedings against IUU fishing perpetrators will be more difficult due to the limitations of coastal state jurisdiction. IUU fishing has become a global threat because

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Davis, Kevin E., Guillermo Jorge, and Maíra R. Machado. "Transnational Anticorruption Law in Action: Cases from Argentina and Brazil." Law & Social Inquiry 40, no. 03 (2015): 664–99. http://dx.doi.org/10.1111/lsi.12102.

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Debates over whether transnational and international legal institutions are fair, effective, or legitimate responses to corruption of local public officials have an important empirical dimension. We use case studies to examine whether foreign legal institutions serve as fair, effective, and legitimate complements to local anticorruption institutions. We refer to this set of claims as the “institutional complementarity theory.” The first case study centers on proceedings concerning bribes paid by subsidiaries of Siemens AG, a German company, to obtain and retain a contract to provide national i

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Bantekas, Ilias. "Civil Limitation Statutes and International Arbitration in Central Asia: not Business as Usual." Review of Central and East European Law 47, no. 3-4 (2022): 381–97. http://dx.doi.org/10.1163/15730352-bja10073.

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Abstract It is generally agreed that statutory limitations applicable to civil proceedings have no place in international arbitration proceedings, unless these have been specifically accepted by the parties; are imposed by mandatory laws, or; otherwise compelled by public policy. In equal measure, the process and recognition of enforcement awards should not be subjected to any statutory limitations, as such limitations are absent in the New York Convention and generally excluded by reference to transnational legal instruments, such as the uncitral Model Law. Investor and commercial actors oper

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Shang, Carrie Shu. "Remarks by Carrie Shu Shang." Proceedings of the ASIL Annual Meeting 116 (2022): 179–82. http://dx.doi.org/10.1017/amp.2023.2.

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Increasingly, issues are arising regarding transnational access to evidence in electronic formats in dispute resolution proceedings. Currently, there is not a comprehensive solution to cross-border gathering of electronic stored information and regulations in the area remain a patchwork of divergent instruments. Over the past few years, private practitioners and in-house counsel have had to familiarize themselves with various discovery rules, data privacy laws, and data localization laws to ensure that they transfer data in ways that are compliant with strict cross-border data transfer require

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Berger, Klaus Peter. "Common Law v. Civil Law in International Arbitration: The Beginning or the End?" Journal of International Arbitration 36, Issue 3 (2019): 295–313. http://dx.doi.org/10.54648/joia2019014.

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The presentation of the Prague Rules on the Efficient Conduct of Proceedings in International Arbitration on 14 December 2018 has revived the age-old debate about the existence of a common law-civil law divide in international arbitration. This article examines the impact of the Prague Rules on the transnational paradigm of international arbitral procedure, clarifies their nature as an alternative repository of state-of-the-art techniques to save time and costs in the conduct of international arbitrations, and suggests to give up the traditional distinctions, which are rooted in domestic legal

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27

Bixler-Márquez, Dennis. "La Preparatoria Bowie versus la Patrulla Fronteriza." Aztlán: A Journal of Chicano Studies 30, no. 2 (2005): 157–68. http://dx.doi.org/10.1525/azt.2005.30.2.157.

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Chicano and immigrant students at a school in El Paso, Texas, with support from community members, educators, civic organizations, and MEChA, successfully confronted the U.S. Border Patrol in a federal court of law. The 1992 legal case and federal interdiction policy on the border frame the analysis of the subaltern position of the plaintiffs and their ability to generate a border transformative pedagogy applicable to a transnational entity. Their journey to emancipation is examined using interviews, analysis of documentary footage, news reports, direct trial observations, and analysis of the

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Banach-Gutierrez, Joanna Beata. "Crime victims’ rights in the European area of justice and Polish legislation." Nowa Kodyfikacja Prawa Karnego 52 (December 13, 2019): 9–36. http://dx.doi.org/10.19195/2084-5065.52.2.

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In recent years, more and more attention has been focused on the interests of crime victims, including their enlarging role in criminal proceedings. The procedural rights of, and assistance to, victims of crime are gradually becoming essential aspects of contemporary criminal justice systems. In the transnational context at the European Union level, the Directive 2012/29/EU establishing minimum standards on the rights, support and protection of victims of crime is of significant importance as this legal instrument contains some concrete rights for victims of crime and clearer obligations impos

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Zamroni, Zamroni, and Basri Basri. "Legal Protection for Victims of Cybercrime as a Form of Transnational Crime." Jurnal Ius Constituendum 9, no. 1 (2024): 130–49. https://doi.org/10.26623/jic.v9i1.8288.

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The study aims to analyze the legal protection of legal protection for victims of cyber crime as a form of transnational crime. In addition to creating laws and regulations that safeguard victims of phishing, the goal of this research is to establish legal protection for victims of cybercrime, a form of transnational crime. This study employs a normative juridical research methodology that blends statutory and conceptual frameworks. The following are the results of the research: 1) Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Electronic Information and Transa

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Schomburg, Wolfgang. "Criminal matters: transnational ne bis in idem in Europe—conflict of jurisdictions—transfer of proceedings." ERA Forum 13, no. 3 (2012): 311–24. http://dx.doi.org/10.1007/s12027-012-0270-z.

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Romero, Eduardo Silva, and Ana Carolina Simões E. Silva. "The Declaration of the 1st Ministerial Meeting of the Latin American States Affected by transnational interests." International Legal Materials 52, no. 6 (2013): 1321–26. http://dx.doi.org/10.5305/intelegamate.52.6.1321.

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In the past decade, Latin American States have begun to voice strong criticisms of the existing system for the settlement of disputes between foreign private investors and States through international arbitration based on investment treaties. Since the end of the nineties, said system has undergone an extraordinary development due to the direct right of action granted to foreign investors by investment treaties. Indeed, the great majority of the thousands of investment treaties existing today not only grant substantive protection to investments made by investors of one State party in the terri

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Gardocka, Teresa, Dariusz Jagiełło, and Klaus Bachmann. "Transnational Aspects of Punitive Memory Laws Evidence from Germany, Poland, and Israel." Studia Iuridica Lublinensia 32, no. 3 (2023): 75–88. http://dx.doi.org/10.17951/sil.2023.32.3.75-88.

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The authors discuss the legal aspects (with specific attention to the criminal law aspects) of legal acts of remembrance in selected countries, related to the collective memory of Poles. In particular, the following issues are analysed: the effectiveness of legal interference in collective memory; the judicial practice (civil and criminal judgments) concerning the remembrance of the Holocaust in Poland; the relation of the protection of the reputation of a State (e.g., Poland), a Nation or certain individuals to the freedom of scientific research guaranteed by the international and constitutio

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Landbrecht, Johannes, and Andreas R. Wehowsky. "Transnational Coordination of Setting Aside and Enforcement of Arbitral Awards – A New Treaty and Approach to Reconciling the Choice of Remedies Concept, the Judgment Route, and the Approaches to Enforcing Awards Set Aside?" Journal of International Arbitration 37, Issue 6 (2020): 679–719. http://dx.doi.org/10.54648/joia2020034.

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The rendering of a final arbitral award can be the starting signal for a multiplicity of state court proceedings. Not all of those will be illegitimate, for instance if an award creditor needs to commence several enforcement proceedings in order to enforce the whole award. More critical, however, and more likely to invite abuse, is the relationship of setting aside and enforcement. Where an award debtor fails to request that an award be set aside, or fails to raise grounds for setting aside, or loses setting aside proceedings, should this award debtor be allowed to rely on those very same grou

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Popko, Vadym, and Yevgen Popko. "THEORETICAL AND LEGAL CHARACTERISTICS OF ECONOMIC CRIMES OF A TRANSNATIONAL NATURE." Baltic Journal of Economic Studies 7, no. 1 (2021): 93–101. http://dx.doi.org/10.30525/2256-0742/2021-7-1-93-101.

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The article examines the theoretical and legal foundations of economic crimes of a transnational nature formed under the influence of globalisation processes in the world, the growth of international crime and other factors. The author provides a conceptual description of transnational crime as the main category of transnational criminal law, including economic crimes. Scientific views of domestic and foreign scientists on the nature of crimes of an international nature, including criminal acts in the economic sphere are analysed; the most dangerous and widespread economic crimes are character

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Rusterholz, Caroline. "English Women Doctors, Contraception and Family Planning in Transnational Perspective (1930s–70s)." Medical History 63, no. 2 (2019): 153–72. http://dx.doi.org/10.1017/mdh.2019.3.

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This paper explores the influence of English female doctors on the creation of the International Planned Parenthood Federation (IPPF) and the production and circulation of contraceptive knowledge in England and, to a lesser extent in France, between 1930 and 1970. By drawing on the writings of female doctors and proceedings of international conferences as well as the archives of the British Medical Women’s Federation (MWF) and Family Planning Association (FPA), on the one hand, andMouvement Français pour le Planning Familial(MFPF), on the other, this paper explores the agency of English female

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Hafrida, Hafrida, Helmi Helmi, and Bunga Permatasari. "The Implementation of the Strict-Liability Principle to the Perpetrators of Forest and Land Burning." PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) 07, no. 03 (2020): 314–33. http://dx.doi.org/10.22304/pjih.v7n3.a2.

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The massive forest and land fires in Indonesia have been raging and caused haze disaster. The haze disaster is not suffered only in Indonesian territory, but it has become a transnational disaster resulting in extensive economic and health quality losses. In addition, the disaster has led damage to agricultural land and disruption of diplomatic relations among affected states. The number of perpetrators of forest and land fires that increase annually shows that the enforcement of criminal law is relatively ineffective. This article covers the problem whether the principle of strict liability c

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Hafrida, Hafrida, Helmi Helmi, and Bunga Permatasari. "The Implementation of the Strict-Liability Principle to the Perpetrators of Forest and Land Burning." PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) 07, no. 03 (2020): 314–33. http://dx.doi.org/10.22304/pjih.v7n3.a2.

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The massive forest and land fires in Indonesia have been raging and caused haze disaster. The haze disaster is not suffered only in Indonesian territory, but it has become a transnational disaster resulting in extensive economic and health quality losses. In addition, the disaster has led damage to agricultural land and disruption of diplomatic relations among affected states. The number of perpetrators of forest and land fires that increase annually shows that the enforcement of criminal law is relatively ineffective. This article covers the problem whether the principle of strict liability c

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Shaposhnikov, V. A., and O. S. Nechkin. "IMPROVEMENT OF THE COMPANY ‘S CAPACITY TO PAY WITH THE PARTICIPATION OF TRANSNATIONAL CAPITAL IN INSOLVENCY PROCEEDINGS." Вестник Алтайской академии экономики и права 1, no. 7 2020 (2020): 207–16. http://dx.doi.org/10.17513/vaael.1228.

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Matiushkova, T. P. "Crimes Against the Electoral Rights of Citizens in Ukraine: The Peculiarities of Their Committing and Investigation." Law and Safety 72, no. 1 (2019): 13–27. http://dx.doi.org/10.32631/pb.2019.1.01.

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This article is concerning on researching the crimes against the elective franchise as the crimes within the transnational nature, which are committed by the usage of information technologies. Different approaches to determine crimes against electoral rights of citizens have been described. Significant differences in number of offenses recorded by the Department of Information Support and Coordination of Police, crimes detected by the National police of Ukraine, as well as in the number of initiated criminal proceedings and number of criminal proceedings referred to the court have been highlig

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Trocker, Nicolò. "U.S.-Style Discovery for Non-U.S. Proceedings: Judicial Assistance or Judicial Interference?" International Journal of Procedural Law 1, no. 2 (2011): 299–336. http://dx.doi.org/10.1163/30504856-00102006.

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More than forty years ago, Congress amended Title 28, §1782 of the United States Code, in order to make American-style discovery available to proceedings in a foreign country. In its present form, §1782 authorizes a federal district court to provide assistance where the “person” (or entity) from whom discovery is sought (be it a party or non-party to the foreign proceedings) resides or simply happens to be “ found” in the United States; where the request for assistance seeks evidence, whether it be the “testimony or statement” of a person or the production of “a document or other thing”; where

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Madaus, Stephan, and Oriana Casasola. "Cross-border Insolvency Protocols: Cooperation, Coordination, and Communication Duties under the European Insolvency Regulation Recast." European Business Law Review 33, Issue 6 (2022): 839–80. http://dx.doi.org/10.54648/eulr2022036.

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Cross-border insolvency protocols are a practical phenomenon developed at the international level in the last 30 years. These protocols are agreements entered by the insolvency practitioners to facilitate cooperation and communication between insolvency practitioners and courts involved in cross-border insolvency proceedings. Protocols have been mentioned but not regulated by the European Insolvency Regulation Recast. This contribution seeks to analyse the aims, principles, and standard features of the protocols emerging in practice. Second, it aims to evaluate how this phenomenon fits with th

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Shabana, Ayman. "Custom and Modern Constructions of Sharīʿa: Transnational Juristic Discussions on the Status of ʿUrf". Journal of Islamic Ethics 3, № 1-2 (2019): 30–63. http://dx.doi.org/10.1163/24685542-12340025.

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Abstract This paper examines modern juristic discussions on the concept of custom in light of the proceedings of the fifth session of the International Islamic Fiqh Academy, which was held in 1988. It shows the extent to which these discussions not only address the role of custom in the derivation of Islamic law and its place in the Islamic legal tradition, but also reflect the impact of modern positive legislations on modern conceptualizations of Sharīʿa and how it has been constructed in the wake of the modern legal reform movement. In particular, the framing of custom in some civil codes as

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Benish, Kevin D. "Crystallex Int'l Corp. v. Bolivarian Rep. Venez. (3D Cir.)." International Legal Materials 60, no. 2 (2021): 147–67. http://dx.doi.org/10.1017/ilm.2020.67.

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On May 18, 2020, the United States Supreme Court denied a request by the Bolivarian Republic of Venezuela and its state-owned oil company, Petróleos de Venezuela, S.A. (PDVSA), to review the merits of Crystallex Int'l Corp. v. Bolivarian Republic of Venezuela, a decision by the U.S. Court of Appeals for the Third Circuit. In Crystallex, the Third Circuit affirmed a trial court's determination that PDVSA is the “alter ego” of Venezuela itself, thus permitting Crystallex to enforce a $1.4 billion judgment against Venezuela by attaching property held in PDVSA's name. Given the Supreme Court's dec

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Bose, Satyajit. "Transplanting Absolute Priority in Indian Bankruptcy Law: Part II." Business Law Review 45, Issue 6 (2024): 168–79. https://doi.org/10.54648/bula2024021.

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In 2016, India revamped its bankruptcy legislation and introduced a new framework for resolution of financially distressed businesses. The Insolvency and Bankruptcy Code (IBC) was intended to usher in a new era of efficiency and galvanize India’s ailing bankruptcy regime. The results thus far have been mixed. One of the issues that has frequently arisen under the new regime is how to distribute the resolution proceeds amongst different classes of creditors. The doctrine evolved by courts and tribunals has been to leave any question on distribution to the discretion of the Committee of Creditor

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Bose, Satyajit. "Transplanting Absolute Priority in Indian Bankruptcy Law: Part I." Business Law Review 45, Issue 5 (2024): 139–47. http://dx.doi.org/10.54648/bula2024013.

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In 2016, India revamped its bankruptcy legislation and introduced a new framework for resolution of financially distressed businesses. The Insolvency and Bankruptcy Code (IBC) was intended to usher in a new era of efficiency and galvanize India’s ailing bankruptcy regime. The results thus far have been mixed. One of the issues that has frequently arisen under the new regime is how to distribute the resolution proceeds amongst different classes of creditors. The doctrine evolved by courts and tribunals has been to leave any question on distribution to the discretion of the Committee of Creditor

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Reinke, Benedikt. "When a right-wing extremist political party appeals to European integration and a constitutional court takes the national perspective…A comment on the Nationaldemokratische Partei Deutschlands judgment BVerfG, 2 BvB 1/13." Maastricht Journal of European and Comparative Law 25, no. 4 (2018): 388–409. http://dx.doi.org/10.1177/1023263x18794403.

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With Regulation 1141/2014, the EU has inaugurated a truly transnational political party system as well as a potential conflict between national and European governance – or so the Nationaldemokratische Partei Deutschlands has recently argued when faced with party ban proceedings before the German Federal Constitutional Court. The party contended that its representation in the European Parliament and membership in a political party at European level established exclusive European governance and denied the competence of the Federal Constitutional Court for national proceedings. The court, by con

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Zimring, Franklin E. "Crime, Criminal Justice, and Criminology for a Smaller Planet: Some Notes on the 21st Century." Australian & New Zealand Journal of Criminology 34, no. 3 (2001): 213–20. http://dx.doi.org/10.1177/000486580103400301.

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This analysis attempts to project changes in types of crime and criminal justice response to crime in the early decades of the 21st century by assuming continuity in the technological, economic, and political trends of the last years of the 20th century. I predict that shifts in general rates of crime will be less important than changes in particular types of offense in stable nations, and that rates of. property crime will show more transnational similarity than rates and trends in serious violence. With respect to criminal justice practices, both technology and normative standards will exert

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Paparinskis, Martins. "Immunities and Criminal Jurisdiction (Equatorial Guinea v. France): Preliminary Objections (I.C.J.)." International Legal Materials 58, no. 1 (2019): 1–70. http://dx.doi.org/10.1017/ilm.2019.1.

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On June 6, 2018, the International Court of Justice (Court) rendered a judgment on preliminary objections in the case of Immunities and Criminal Proceedings (Equatorial Guinea v. France). France had made three preliminary objections: two related to the Court's jurisdiction on the basis of, respectively, United Nations Convention Against Transnational Organized Crime (Palermo Convention) and the Optional Protocol to the Vienna Convention on Diplomatic Protection (VCDR) concerning the Compulsory Settlement of Disputes (Optional Protocol), and the third challenged admissibility for abuse of proce

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Hartley, Trevor C. "‘LIBEL TOURISM’ AND CONFLICT OF LAWS." International and Comparative Law Quarterly 59, no. 1 (2010): 25–38. http://dx.doi.org/10.1017/s0020589309990029.

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AbstractThis article considers the problem of ‘libel tourism’ (forum shopping in transnational libel cases) from the point of view of English and EU law (both relevant in certain situations). If proceedings are brought in a forum having no real connection with the case, and if the lex fori is applied, free speech in other countries could be undermined. This is particularly a problem where the case is brought in England, because of the pro-claimant slant of English libel law. The article notes when English conflicts law is applicable and when EU conflicts law is applicable, and explains the Eng

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Кубанов, В. В. "THE INFORMATION SUPPORT FOR THE INVESTIGATION OF TRANSNATIONAL CRIMES." Vestnik Samarskogo iuridicheskogo instituta, no. 1(57) (April 12, 2024): 44–48. http://dx.doi.org/10.37523/sui.2024.57.1.007.

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В статье анализируются вопросы совершенствования информационного обеспечения расследования транснациональных (трансграничных) преступлений. Рассмотрены проблемы правового и организационного характера, снижающие эффективность противодействия транснациональной преступности. Отмечается отсутствие правового регулирования уголовно-процессуальной юрисдикции РФ в «киберпространстве», так как ст. 2 уголовно-процессуального закона определяет действие закона в физическом пространстве, отсылая правоприменителя к конкретной географической территории – «месту совершения преступления» в пределах либо за пре

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