Relevant bibliographies by topics / Unilaterale Bindung

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  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters
  5. Conference papers

Academic literature on the topic 'Unilaterale Bindung'

Author: Grafiati
Published: 4 June 2021
Last updated: 18 February 2022

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Journal articles on the topic "Unilaterale Bindung"

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Poduzova, E. B. "Unilateral organizing transactions (transactions concerning organization of relations between the parties): problems of definition and interpretation in the context of joint use of goods and services (sharing economy)." Actual Problems of Russian Law, no. 3 (May 4, 2019): 88–98. http://dx.doi.org/10.17803/1994-1471.2019.100.3.088-098.

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A modern social and economic context of joint consumption (sharing economy) raises new questions about the use of structures of organizing contractual relations, in particular unilateral organizing transactions. The article presents the main doctrinal problems of unilateral transactions, as well as unilateral organizing transactions. The author examines approaches to the classification and classification groups of unilateral transactions, and highlights the constitutive features of unilateral organizing transactions. The paper considers the legal nature of a unilaterally binding and unilaterally enabling transactions, sets out the legal relationship between these groups of transactions. Constitutive features of unilateral organizing transactions form the basis for qualification of transactions that are most often considered in the doctrine as unilateral organizing transactions. Thus, the author defines the legal nature of issuing powers of attorney, testamentary refusal, offer, acceptance, registration applications for improvement of living conditions, etc. Methodologically, the article is based on the main results of the reform of contract law of the Russian Federation, new trends in the science of civil law. Also, the author scrutinizes the classical civil law doctrine on unilateral transactions, organizing contracts and organizational relations.
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Semenova, Ekaterina V. "Application and Consent as Unilateral Transactions in the Housing Law." Family and housing law 6 (December 10, 2020): 40–43. http://dx.doi.org/10.18572/1999-477x-2020-6-40-43.

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The article discusses the features of various kinds of statements and consents in housing law, which can be attributed to unilateral transactions. An assessment of judicial practice is made, which develops on the issue of qualification of applications and consents. Species division of transactions-statements and transactions-consents was made taking into account the classification proposed by B.B. Cherepakhin (the division of unilateral transactions into unilaterally binding and unilaterally enabling transactions). It is noted that a feature of the unilateral transactions under consideration is that they come or are directed to public authorities, which makes it difficult to qualify them as civil law facts, however, certain signs can be highlighted that allow this. But at the same time, attention is focused on the fact that not all applications and transactions in housing law have a civil law nature, which means that not all can be qualified as unilateral transactions.
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Kilbourn, Michael R., Avgui Charalambous, Kirk A. Frey, Phillip Sherman, Donald S. Higgins, and J. Timothy Greenamyre. "Intrastriatal Neurotoxin Injections Reduce in Vitro and in Vivo Binding of Radiolabeled Rotenoids to Mitochondrial Complex I." Journal of Cerebral Blood Flow & Metabolism 17, no. 3 (1997): 265–72. http://dx.doi.org/10.1097/00004647-199703000-00003.

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The in vivo and in vitro bindings of radiolabeled rotenoids to mitochondrial complex I of rat striatum were examined after unilateral intrastriatal injections of quinolinic acid or 1-methyl-4-phenylpyridinium salt (MPP+). Quinolinic acid produced significant, similar losses of in vivo binding of [11C]dihydrorotenol ([11C]DHROL: 40%) and in vitro binding of [3H]dihydrorotenone ([3H]DHR: 53%) in the injected striata at 13 days after the injection of neurotoxin. MPP+ reduced in vivo binding of [11C]DHROL (up to −55%) as measured 1.5 to 6 h after its administration. Reductions of in vivo [11C]DHROL binding after either quinolinic acid or MPP+ injections did not correlate with changes in striatal blood flow as measured with [14C]iodoantipyrine. These results are consistent with losses of complex I binding sites for radiolabeled rotenoids, produced using cell death (quinolinic acid) or direct competition for the binding site (MPP+). Appropriately radiolabeled rotenoids may be useful for in vivo imaging studies of changes of complex I in neurodegenerative diseases.
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Worster, William Thomas. "Unilateral Diplomatic Assurances as an Alternative to Provisional Measures." Law & Practice of International Courts and Tribunals 15, no. 3 (2017): 445–71. http://dx.doi.org/10.1163/15718034-12341333.

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During litigation on the international plane, states sometimes will issue assurances either to the other litigant or to the international court directly. This article explores how those assurances interact with applications for provisional measures. The practice of courts varies with regard to how to react to these assurances, though the usual approach is that assurances issued to another state or individual are generally non-binding, while assurances issued to the court directly are binding. At the same time, litigants can apply to the court for provisional measures to prevent actions that would disturb the dispute. When the assurances are considered non-binding, they are treated as questions of fact and can be assessed for credibility and reliability, as a part of the provisional measures analysis. But when the assurances are considered binding, they are treated as questions of law, and the undertaken legal obligation disposes of the request for a provisional measures order. This article will examine the practices of the International Court of Justice and the European Court of Human Rights on this issue, identifying where their practices diverge and converge, and recommending that the dual nature of assurances, as both factual and legal, be considered in assessing their value.
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Kassoti, Eva, and Mihail Vatsov. "A Missed Opportunity? Unilateral Declarations by the European Union and the European Court of Justice’s Venezuelan Fisheries Judgment." International Journal of Marine and Coastal Law 35, no. 1 (2019): 55–81. http://dx.doi.org/10.1163/15718085-23343071.

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Abstract The EU has entered into many binding undertakings (international agreements) with third States on access to fisheries resources. In the Venezuelan Fisheries case, the ECJ was, for the first time, confronted with an EU unilateral declaration granting fishing opportunities in EU waters to Venezuela-flagged vessels. We argue, contrary to ECJ’s conclusion, that the declaration is a binding unilateral act and not an international agreement. This case is important for the burgeoning debate on the ECJ’s approach to international law. It represents a missed opportunity for the ECJ to clarify its previous case-law on the broad concept of ‘international agreement’ and align it with relevant international jurisprudence and doctrine. More fundamentally, it is a missed opportunity for the ECJ to truly develop and shape international law practice and doctrine on unilateral acts by international organisations – an omission that does not comport with the EU’s self-projection as an internationally engaged polity.
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HAWKINS, DARREN, and CAROLYN SHAW. "Legalising norms of democracy in the Americas." Review of International Studies 34, no. 3 (2008): 459–80. http://dx.doi.org/10.1017/s0260210508008127.

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AbstractWhy have states legalised international norms promoting domestic democracy in some regions of the world? This issue poses a difficult puzzle because standard assumptions about state preferences for sovereignty make the creation of strong, binding international rules on democracy unlikely. We identify four possible answers: the interests of powerful states, common government interests in domestic policy lock-in, the absence of fears that powerful states will use the rules to intervene unilaterally in domestic affairs, and the robustness of pre-existing norms. We explore our argument by applying it to the Organization of American States (OAS), a fairly unlikely organisation for the strong legalisation of international rules. Our findings suggest that legalisation of democracy is quite difficult to achieve. State interests in locking in democratic benefits and state power – even hegemonic power – are necessary but insufficient. An important set of new democracies attempted legalisation in the 1950s, yet failed. The United States, as strong a regional hegemon as ever, attempted further legalisation in 2005, yet failed. Motives and power must be accompanied by low fears of unilateral intervention and high levels of norm robustness in order to produce results.
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KESSELS, ROY P. C., MARC P. H. HENDRIKS, JACOB SCHOUTEN, MARIEKE VAN ASSELEN, and ALBERT POSTMA. "Spatial memory deficits in patients after unilateral selective amygdalohippocampectomy." Journal of the International Neuropsychological Society 10, no. 6 (2004): 907–12. http://dx.doi.org/10.1017/s1355617704106140.

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The present study investigated the differential involvement of the right and left hippocampus in various forms of spatial memory: spatial search, positional memory versus object–location binding, and coordinate versus categorical processing. Twenty-five epilepsy patients with selective amygdalohippocampectomy were examined using a sensitive computer paradigm to measure these spatial memory aspects. The patients' performance was compared to a group of thirty healthy controls. The results show that the left amygdalohippocampectomy group performed poorly on the ability to bind together object information to coordinate spatial locations. In turn, the right amygdalohippocampectomy group was impaired in coordinate positional memory. Both patient groups were unimpaired on the spatial search task. These findings are discussed focusing on the “binding device” hypothesis in combination with the cognitive map theory. (JINS, 2004, 10, 907–912.)
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Sen, Partha. "Unilateral Policies, Competitiveness and the ‘Green Paradox’ in a Dynamic North–South Model." Arthaniti: Journal of Economic Theory and Practice 17, no. 2 (2018): 113–39. http://dx.doi.org/10.1177/0976747918796878.

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The effects of a unilateral cut in emissions (e.g., by Annexure 1 countries in Kyoto) are analysed in a dynamic two-country two-commodity model. If the fossil fuel is priced at marginal cost, then a unilateral cut reduces total emissions (the carbon leakage is less than 100%). But if the fuel is priced above marginal cost, then a ‘green paradox’ appears, that is, the price of the fuel will fall until its use (over time) exhausts the entire stock. Here, a unilateral policy is self-defeating and it is necessary to get binding commitments on fossil fuel use from all the countries. The production and trade implications for the participant and non-participant countries are analysed. JEL: Q4, Q50, Q54, Q56
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Burdette, D. E., S. Y. Sakurai, T. R. Henry, et al. "Temporal lobe central benzodiazepine binding in unilateral mesial temporal lobe epilepsy." Neurology 45, no. 5 (1995): 934–41. http://dx.doi.org/10.1212/wnl.45.5.934.

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Schliebs, Reinhard, and Michael G. Stewart. "Unilateral decortication affects muscarinic cholinergic receptor binding in rat basal forebrain." Neurochemistry International 16, no. 1 (1990): 81–87. http://dx.doi.org/10.1016/0197-0186(90)90126-e.

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Dissertations / Theses on the topic "Unilaterale Bindung"

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Enge, Olaf. "Analyse und Synthese elektromechanischer Systeme." Doctoral thesis, Aachen : Shaker, 2005. http://www.ulb.tu-darmstadt.de/tocs/13559748X.pdf.

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Cassiède, Marc. "Les pouvoirs contractuels : étude de droit privé." Thesis, Bordeaux, 2018. http://www.theses.fr/2018BORD0278/document.

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L’évolution contemporaine du droit privé des contrats est marquée par la multiplication des hypothèses dans lesquelles l’une ou l’autre des parties dispose de la possibilité d’agir seule sur le contenu ou le sort d’un contrat définitivement formé. Par exemple, depuis 1995, il est admis que l’une des parties à un contrat-cadre puisse seule fixer le prix. De même, en cas de manquement grave de l’une des parties, l’autre peut, à ses risques et périls, procéder à la résolution du contrat. Ces deux types de prérogatives contractuelles appartiennent à une catégorie plus large que la doctrine désigne couramment sous le nom de « pouvoirs contractuels ». Or, les pouvoirs contractuels viennent perturber les règles traditionnelles du droit privé des contrats à deux égards. D’une part, les pouvoirs contractuels introduisent une logique unilatéraliste, synonyme d’inégalité, dans le contrat qui répond traditionnellement à une logique consensualiste synonyme d’égalité. D’autre part, le mécanisme des pouvoirs contractuels implique une redéfinition de la place du juge dans le contentieux contractuel puisque ce dernier ne devra plus nécessairement être saisi pour trancher les litiges entre les parties relatifs à l’exécution du contrat. Celui-ci sera saisi postérieurement à la modification des effets du contrat décidée unilatéralement, et ce, par la partie qui entend en contester la régularité. Consacrer une étude aux pouvoirs contractuels suppose donc de chercher à identifier plus précisément ce mécanisme qui vient introduire dans le contrat une logique de pouvoir qui n’est pas la sienne, puis, de tenter de définir les contours de l’intervention du juge<br>The contemporary evolution of the private law of contracts is marked by the multiplication of the hypotheses in which one or other of the parties has the possibility of acting alone on the content or fate of a definitively formed contract. For example, since 1995, it has been accepted that one of the parties to a framework contract can only fix the price. Similarly, in the event of a serious breach by one of the parties, the other party may, at his own risk, proceed to the termination of the contract. These two types of contractual prerogatives belong to a broader category that the doctrine commonly refers to as "contractual powers". However, contractual powers disrupt the traditional rules of private contract law in two respects. On one hand, contractual powers introduce a unilateralist logic, synonymous with inequality, in the contract that traditionally responds to a consensualist logic synonymous with equality. On the other hand, the mechanism of contractual powers implies a redefinition of the judge's place in contractual disputes since the latter will no longer necessarily be seized to settle disputes between the parties relating to the performance of the contract. It will be seized after the modification of the effects of the contract decided unilaterally, and this, by the party who intends to contest the regularity. To devote a study to the contractual powers therefore presupposes seeking to identify more precisely this mechanism that introduces into the contract a logic of power that is not its own, and then attempts to define the contours of the judge's intervention
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Books on the topic "Unilaterale Bindung"

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Andreas, Maurer. Part IV The Role of Arbitrators in the Development of Shipping Law, 14 Transnational Shipping Law: The Role of Private Legal Actors in International Shipping. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198757948.003.0014.

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This chapter develops a threefold argument. First, using empirical data it shows the maritime industry’s move away from litigation and towards arbitration. Second, it argues that private actors play a major role in the development of substantial rules of international shipping by the means of standard contracts. Since these contracts do not only result from a unilateral imposition of the terms by one party on the other but from participative procedures that involve many stakeholders, these rules are not only general terms and conditions, they can claim normativity for themselves and thus are a first step in the emergence of a transnational maritime law. Finally, the chapter argues that arbitrators should view themselves as participants in the development of an emerging transnational maritime law. Preconditions for this development are the publication of arbitral awards and mutual observation of arbitrators, allowing a factually binding persuasive precedent to emerge.
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Frank, Berman, and Bentley David. Book VII Treaties and Treaty-Making, 33 Treaties and other International Instruments—III Pact, Act, Modus Vivendi , Declaration, Exchange of Notes, Memorandum of Understanding. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198739104.003.0033.

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This chapter continues the typology of treaties begun in the previous chapter. ‘Pacts’ in an international context refer to formal agreements between States. ‘Act’ meanwhile constitutes a piece of international law-making and may embody the decisive terms of the treaty complex. ‘Modus vivendi’ is used for a temporary or provisional agreement. ‘Declarations’ may be defined under the general heading of ‘unilateral acts’. The treaty concluded in the form of an Exchange of Notes or letters is the most frequently used device for formally recording the agreement of two governments upon all kinds of transactions. An MOU records international ‘commitments’, but in a form and with wording which expresses an intention that it is not to be legally binding. Finally, the term ‘Final Act’ is normally used to designate a document recording the formal summary of the proceedings and outcome of an international conference.
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Heber, Caroline. Enhanced Cooperation and European Tax Law. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780192898272.001.0001.

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The enhanced cooperation mechanism allows at least nine Member States to introduce secondary EU law which is only binding among these Member States. From an internal market perspective, enhanced cooperation laws are unique as they lie somewhere between unilateral Member State laws and uniform EU law. The law creates harmonisation and coordination between the participating Member States, but it may introduce trade obstacles in relation to non-participating Member States. This book reveals that the enhanced cooperation mechanism allows Member States to protect their harmonised values and coordination endeavours against market efficiency. Values which may not be able to justify single Member State’s trade obstacles may outweigh pure internal market needs if an entire group of Member States finds these value worthy of protection. However, protection of the harmonised values can never go as far as shielding participating Member States from the negative effects of enhanced cooperation laws. The hybrid nature of enhanced cooperation laws—their nexus between the law of a single Member State and secondary EU law—also demands that these laws comply with state aid law. This book shows how the European state aid law provisions should be applied to enhanced cooperation laws. Furthermore, the book also develops a sophisticated approach to the limits non-participating Member States face in ensuring that their actions do not impede the implementation of enhanced cooperation between the participating Member States.
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Book chapters on the topic "Unilaterale Bindung"

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Dashwood, M. R., D. S. McQueen, M. de Burgh Daly, K. M. Spyer, and Y. Evrard. "Autoradiographic Studies on the Effects of Chronic Unilateral Sectioning of a Carotid Sinus Nerve on 5-HT and SP Binding Sites in the Carotid Body and NTS." In Chemoreceptors and Chemoreceptor Reflexes. Springer US, 1990. http://dx.doi.org/10.1007/978-1-4684-8938-5_44.

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Crawford, James. "18. Unilateral acts, acquiescence, and estoppel." In Brownlie's Principles of Public International Law. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198737445.003.0018.

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This chapter discusses the concepts of unilateral acts, acquiescence, and estoppel, and the relation between the three. All three are rooted in the principle of good faith, but unilateral acts are in their essence statements or representations intended to be binding and publicly manifested as such, whereas acquiescence and estoppel are more general categories, consisting of statements or representations not intended as binding nor amounting to a promise, whose binding force depends on the circumstances.
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Gaeta, Paola, Jorge E. Viñuales, and Salvatore Zappalà. "9. Law-Making Processes." In Cassese's International Law. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780199231287.003.0009.

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Custom and treaties constitute the two most important formal sources of international law, that are also envisaged in Article 38 of the ICJ Statute. In addition, Article 38 refers to general principles of law recognized in domestic systems. This chapter examines these three formal sources of international law as well as some others, in particular unilateral acts of States and binding decisions of international organizations. In addition, it discusses equity and soft law and examines some mechanisms of identification and development of international law, such as jurisprudence, doctrine, and codification.
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Furmston, M. P. "19. Discharge by Agreement." In Cheshire, Fifoot, and Furmston's Law of Contract. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198747383.003.0019.

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This chapter discusses the law on discharge by agreement. An agreement by the parties to an existing contract to extinguish the rights and obligations which have been created is itself a binding contract, provided that it is either made under seal or supported by consideration. Consideration raises no difficulty if the contract to be extinguished is still executory, for in such a case each party agrees to release his rights under the contract in consideration of a similar release by the other. The discharge in such a case is bilateral, for each party surrenders something of value. Unilateral discharge occurs when the contract to be extinguished is wholly executed only on one side – as for instance where a seller has delivered the goods but the buyer has not paid the price. A unilateral discharge is usually ineffective unless it is made under seal or unless some valuable consideration is given by the buyer. Difficult problems arise where the agreement is designed to vary the contract.
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Cohn, Margit. "The Nature and Use of Unilateral Executive Measures." In A Theory of the Executive Branch. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198821984.003.0006.

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Constitutions and constitutional constructs offer executives a repository of fuzzy sources of power which enable unilateral action. This chapter focuses on one of these forms: executive making of (semi)-formal unilateral measures. These orders and edicts have an important edge: on their face, they are ‘lawlike’, and seemingly carry the imprimatur of binding law, even when their legal status is fuzzy. The chapter uses comparative methodology in order to show the strong similarity between such measures as they emerged and continue to be applied in the two systems compared in this book. Orders in Council, Executive Orders and the like, such as the ones brought before the courts in Bancoult and Youngstown, have been at the focus of extensive study; yet to date, such measures, issued in both systems, have never been conjointly discussed. This chapter offers the first comparative analysis. This novel comparative exercise leads to the discovery of a surprising convergence—surprising, if attention is focused on structural regime elements. The findings support two of the main themes advanced in this book: that the emergence and retention of fuzzy legality is an unavoidable feature of the state, despite the ingrained danger it poses to the proper functioning of democracies. A third theme, concerned with the need to constrain fuzziness by robust judicial oversight, is addressed in the last chapter of this book. This chapter also offers new insights on the unclear distinction between constitutional- and statute-derived fuzziness, again, a feature shared by both systems.
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Marcus, Leonard. "Effective negotiating." In Oxford Handbook of Public Health Practice, edited by Ichiro Kawachi, Iain Lang, and Walter Ricciardi. Oxford University Press, 2020. http://dx.doi.org/10.1093/med/9780198800125.003.0054.

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The work of public health requires frequent decision making, problem solving, and transactions among people who have different stakes in the outcome. When authority is distributed among those people—such that no one stakeholder can make a unilateral and binding decision upon others— then that outcome is negotiated. Those negotiations involve exchanges in which the parties both contribute and glean expertise, resources, and information through the process. The tenor of the negotiation is often determined by the temperament, strategies, and desired outcomes that each of the stakeholders bring to the process. Are the negotiations collaborative or contentious? How are the parties framing the questions and issues to be resolved? What is each hoping to achieve, and might there be opportunities to reap mutual benefits?
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Jones, Lucy. "4. The Nature of the Agreement: Offer and Acceptance." In Introduction to Business Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198766261.003.0004.

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This chapter discusses the nature of contracts, the essential elements of a valid contract, and issues in contract law. A contract is a bargain, made between two or more persons, which is legally binding. The essential elements of a valid contract are the following: agreement (offer and acceptance of definite terms); consideration (a promise to give, do, or refrain from doing something in return for a similar promise); an intention to create legal relations (usually presumed in a business transaction); compliance with required formalities where applicable; and capacity to contract. This chapter discusses in detail the principal rules relating to offer and acceptance. It considers the making and termination of offers in unilateral and bilateral contracts. It explains the rules relating to communication and methods of acceptance of offers and discusses the making of contracts via the internet.
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Henriksen, Anders. "2. Sources of international law." In International Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198753018.003.0002.

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This chapter provides an overview of the legal sources in international law. Sources of law determine the rules of legal society and, like national legal societies, the international legal society has its own set of rules. The discussion begins in Section 2.2 with article 38 of the International Court of Justice Statute. Section 2.3 discusses treaties, Section 2.4 covers customary international law, and Section 2.5 turns to general principles of international law. Attention then turns to the two additional sources listed in article 38. Section 2.6 discusses judicial decisions and Section 2.7 examines academic contributions. Section 2.8 discusses the role played by unilateral statements. The chapter then turns to the issue of a hierarchy of sources in Section 2.9 and concludes in Section 2.10 with a discussion of non-binding instruments and so-called ‘soft law’.
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Jones, Lucy. "4. The Nature of the Agreement." In Introduction to Business Law. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198824886.003.0004.

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This chapter discusses the nature of contracts, the essential elements of a valid contract, and issues in contract law. A contract is a bargain, made between two or more persons, which is legally binding. The essential elements of a valid contract are the following: agreement (offer and acceptance of definite terms); consideration (a promise to give, do, or refrain from doing something in return for a similar promise); an intention to create legal relations (usually presumed in a business transaction); compliance with required formalities where applicable; and capacity to contract. This chapter discusses in detail the principal rules relating to offer and acceptance. It considers the making and termination of offers in unilateral and bilateral contracts. It explains the rules relating to communication and methods of acceptance of offers and discusses the making of contracts via the internet.
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Henriksen, Anders. "2. Sources of international law." In International Law. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198828723.003.0002.

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This chapter provides an overview of the legal sources in international law. Sources of law determine the rules of legal society and, like national legal societies, the international legal society has its own set of rules. The discussion begins in Section 2.2 with article 38 of the International Court of Justice Statute. Section 2.3 discusses treaties, Section 2.4 covers customary international law, and Section 2.5 turns to general principles of international law. Attention then turns to the two additional sources listed in article 38. Section 2.6 discusses judicial decisions and Section 2.7 examines academic contributions. Section 2.8 discusses the role played by unilateral statements. The chapter then turns to the issue of a hierarchy of sources in Section 2.9 and concludes in Section 2.10 with a discussion of non-binding instruments and so-called ‘soft law’.
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Conference papers on the topic "Unilaterale Bindung"

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Rao, Harish, Terry L. Levin, and Deepa Rastogi. "12 Year Old Female With Crohn"s Disease And Mannose-Binding Lectin Deficiency With Unilateral Bronchiectasis." In American Thoracic Society 2011 International Conference, May 13-18, 2011 • Denver Colorado. American Thoracic Society, 2011. http://dx.doi.org/10.1164/ajrccm-conference.2011.183.1_meetingabstracts.a5417.

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