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Artículos de revistas sobre el tema "Netherlands Jurisprudence"

Autor: Grafiati

Publicado: 27 de julio de 2024

Última modificación: 31 de julio de 2025

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1

Nindyatami, Pawestri, Rachmadinsa Dwininditha, and Fadhel Azzahran Razzak Salim. "IMPLIKASI YURISPRUDENSI TERHADAP KEPASTIAN HUKUM: STUDI KOMPARASI SISTEM HUKUM BELANDA DAN HUKUM INDONESIA." TANJUNGPURA LAW JOURNAL 8, no. 2 (2024): 135–63. https://doi.org/10.26418/tlj.v8i2.72176.

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AbstractBoth Indonesia and the Netherlands have a civil law system, with Dutch law serving as the foundation for Indonesian law. However, the role of jurisprudence differs significantly between the two countries, which impacts legal certainty. The author employs a normative juridical method and a comparative law perspective to examine the role of jurisprudence in Indonesia and the Netherlands, as well as its usage and influence on court decisions. This study aims to understand and analyze the role of jurisprudence in Indonesia and the Netherlands, the quality and quantity of the use of jurispr

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2

Van Schaik, F. "Vrijheid van meningsuiting en godsdienst versus het nondiscriminatiebeginsel." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 3, no. 2 (2017): 64. http://dx.doi.org/10.17159/1727-3781/2000/v3i2a2888.

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A certain tension between freedom of expression and the proscription of discrimination is present in post World War II international law. This tension is dealt with differently in different jurisdictions. This contribution addresses the manner in which the lawgiver and courts of the Netherlands have approached the matter.With reference to the relevant legal sources, the manner in which the law dealt with insult (especially of Jews and Roman Catholics) in the first half of the twentieth century is described, followed by a description of the reaction of some countries to the Convention on the Er

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3

Kerikmäe, Tanel, and Aleksi Kajander. "Gig economy workers in the European Union: towards changing their legal classification." Revista CIDOB d'Afers Internacionals, no. 131 (September 22, 2022): 117–36. http://dx.doi.org/10.24241/rcai.2022.131.2.117/en.

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While the classification of gig economy workers under European labour law has been controversial for many years, the COVID-19 pandemic made it a priority. The role of the gig economy has changed: from being an employment option that provides supplementary income, it has become many people’s main income source, which is why the European Union (EU) announced its intention to address this issue. In 2021, there was intense activity around gig economy jurisprudence across Europe, with supreme courts in several member states making judgements and new laws classifying the participants in this sector

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Barritt, Emily. "Consciously transnational: Urgenda and the shape of climate change litigation: The State of the Netherlands (Ministry of Economic Affairs and Climate Policy) v Urgenda Foundation." Environmental Law Review 22, no. 4 (2020): 296–305. http://dx.doi.org/10.1177/1461452920974493.

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Moving the focus of climate change litigation from a largely US arena to a global one, Urgenda has helped to foster a burgeoning transnational climate justice jurisprudence. In the first place, it demonstrates how domestic courts are increasingly being used as sites to solidify international commitments. Secondly, it shows that these domestic endeavours are helping to shape the jurisprudence of other states whose courts are increasingly asked to adjudicate on climate change commitments. What is more, courts are conscious of this effect, thus this emerging jurisprudence is not simply an uninten

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5

Harlianto, Netanja I., and Zaneta N. Harlianto. "Alleged Malpractice in Orthopedic Surgery in The Netherlands: Lessons Learned from Medical Disciplinary Jurisprudence." Healthcare 11, no. 24 (2023): 3111. http://dx.doi.org/10.3390/healthcare11243111.

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Background: Orthopedic surgery is a specialty at risk for medical malpractice claims. We aimed to assess the frequency of alleged malpractice cases related to orthopedic surgery in the Netherlands from the last 15 years. Methods: We systematically searched the database of the Dutch Medical Disciplinary Court for verdicts related to orthopedic surgery between January 2009 and July 2023 and extracted case data and data on allegations and outcomes. Results: We identified 158 verdicts (mean of 10.5 per year), of which 151 (96%) were filed against specialists and 7 (4%) against residents. Cases wer

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6

Quigley, Conor. "Direct Taxation and State Aid: Recent Developments Concerning the Notion of Selectivity." Intertax 40, Issue 2 (2012): 112–19. http://dx.doi.org/10.54648/taxi2012012.

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The interaction of state aid and taxation continues to give rise to conceptual difficulties, despite or, perhaps in some cases, because of the developing jurisprudence of the European Court of Justice and the General Court. Three recent cases attempt to bring a greater degree of coherence to the subject: Cases 78/08 to C-80/08, Paint Graphos, judgment of 8 September 2011; Case C-279/08 P, Commission v. Netherlands, judgment of 8 September 2011; and Cases C-106/09 P and C-107/09 P, Commission v. Government of Gibraltar and United Kingdom, judgment of 15 November 2011.

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7

van Nifterik, Gustaaf. "Observations on the Legal Observations." Grotiana 40, no. 1 (2019): 1–6. http://dx.doi.org/10.1163/18760759-04000007.

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In the years 1777–1778 four volumes were published under the title Legal Observations on Several Dark and Until Now Unverified Sections of the Introduction. The volumes were composed by a society of young legal practitioners from The Hague (Netherlands), the most famous among them being Joannes van der Linden. By then Grotius’s Introduction to the Jurisprudence of Holland was still the cornerstone of the law of Holland and around the year 1800 it would become the fundament for attempts to codify this law. Today the Legal Observations can function as entrance to the historical sources of the la

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8

Paramita Brata, Desak. "COMPARISON OF SETTINGS REGARDING THE DEAD INJECTION APPLICATION IN THE NETHERLANDS AND INDONESIAN COUNTRIES." Ganesha Law Review 2, no. 1 (2020): 44–53. http://dx.doi.org/10.23887/glr.v2i1.119.

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   Countries around the world have different legal systems. But the most commonly known are the Continental European legal system and the Anglo Saxon legal system. Continental European legal system is a legal system based on various legal provisions that have been codified and the example of the State that has this system is the State of Indonesia. Whereas Anglo Saxon is a legal system based on jurisprudence and the example of the State which has this system is the Netherlands. Each country has a different legal system, as well as in medicine. In the medical world known as Eu

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9

Amiruddin, Muh. "PERBANDINGAN PELAKSANAAN EUTHANASIA DI NEGARA YANG MENGANUT SISTEM HUKUM EROPA KONTINENTAL DAN SISTEM HUKUM ANGLO SAXON." Jurisprudentie : Jurusan Ilmu Hukum Fakultas Syariah dan Hukum 4, no. 1 (2017): 83. http://dx.doi.org/10.24252/jurisprudentie.v4i1.3666.

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The country that adheres to the continental european legal system of Indonesia that regulate euthanasia is contained in the provisions of Article 344 of the Criminal Code while Netherlands The provisions are contained in the code penal section 40 and Article 293 of the Dutch Criminal. Code anglo saxon like USA hardness of euthanasia. this is based on a court decision in USA that rejects the application of euthanasia as a jurisprudence. Indonesia does not Regulate clearly about the enactment of euthanasia. Netherlands legalize Euthanasia, while State with Anglo Saxon Law system, does not legali

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10

Vos, Bram. "State Aid, Taxation & Transfer Pricing: Illegal Fiscal State Aid Granted to Starbucks?" EC Tax Review 27, Issue 2 (2018): 113–20. http://dx.doi.org/10.54648/ecta2018012.

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On 21 October 2015 the European Commission alleged the Netherlands of granting illegal fiscal State aid to Starbucks by misapplying the so-called ‘EU arm’s length principle’ through an Advance Pricing Agreement concluded between the Dutch tax administration and Starbucks. Accordingly, no market based (read: too high) transfer prices would have been adopted by Starbucks, resulting in an assumed reduction of taxable income and thereby also in a reduction of imposed corporate income tax. The Netherlands and Starbucks however disagree with the European Commission’s finding of State aid and applied

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11

Gerritse, Frank L., and Robbert J. Duvivier. "Disciplinary complaints concerning transgressive behaviour by healthcare professionals: an analysis of 5 years jurisprudence in the Netherlands." BMJ Open 11, no. 10 (2021): e053401. http://dx.doi.org/10.1136/bmjopen-2021-053401.

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ObjectivesTo study the frequency of observed cases of disciplinary law complaints concerning transgressive behaviour in Dutch healthcare by analysing disciplinary cases handled in Dutch disciplinary law.DesignRetrospective review of complaints in the Dutch disciplinary law tribunals from the period 1 January 2015 to 1 January 2020.SettingDutch healthcare.MethodDescriptive retrospective study. All judgements at regional disciplinary tribunals in the first instance from the period 1 January 2015 to 1 January 2020 concerning transgressive behaviour were investigated. The following was studied: ye

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12

Soule, Cedric. "The ICSID Convention and nationals of another contracting State that are owned by nationals of the respondent State: back to basics." Revista Brasileira de Arbitragem 12, Issue 48 (2015): 39–58. http://dx.doi.org/10.54648/rba2015064.

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ABSTRACT: The ICSID tribunal in Venoklim Holding B.V. v. the Bolivarian Republic of Venezuela held in its award that the claimant, though incorporated in The Netherlands, did not qualify as a foreign investor under the ICSID Convention because it was owned by Venezuelan nationals. However, this holding is contrary to the plain meaning of the ICSID Convention and runs counter to established case law on the issue. Thus, the purpose of this article is to review the ICSID Convention and relevant ICSID jurisprudence to show that Venoklim Holding B.V. and all foreign juridical persons that are owned

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13

Mossop, Joanna. "Protests against Oil Exploration at Sea: Lessons from the Arctic Sunrise Arbitration." International Journal of Marine and Coastal Law 31, no. 1 (2016): 60–87. http://dx.doi.org/10.1163/15718085-12341383.

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The decision of the Arbitral Tribunal in the Arctic Sunrise case between the Netherlands and Russia offers considerable guidance to coastal States on how to deal with protesters who violate the safety zone of installations under the Law of the Sea Convention. This article considers these lessons and applies them to another recent type of protest: against vessels conducting seismic surveys above the continental shelf. Some countries provide for a non-interference zone around these vessels to prevent protesters from getting close to the survey vessels. Although this was not directly at issue in

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14

Ferreira, Patrícia Galvão. "‘Common But Differentiated Responsibilities’ in the National Courts: Lessons fromUrgendav.The Netherlands." Transnational Environmental Law 5, no. 2 (2016): 329–51. http://dx.doi.org/10.1017/s2047102516000248.

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AbstractThe landmark 2015 decision by the Hague District Court inUrgendav.The Netherlandsrepresents the first time a national court has expressly used the international environmental law (IEL) principle of common but differentiated responsibilities and capabilities (CBDRs) of the climate regime as a complementary tool to interpret the scope of a state’s climate obligations under domestic law. This article highlights that despite the marked engagement of national courts with IEL in recent decades (including engaging with principles such as sustainable development, polluter pays, intergeneration

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15

Starke, Jan R., and Helena F. M. W. Van Rijswick. "Exemptions of the EU Water Framework Directive Deterioration Ban: Comparing Implementation Approaches in Lower Saxony and The Netherlands." Sustainability 13, no. 2 (2021): 930. http://dx.doi.org/10.3390/su13020930.

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The sustainable use of precious water resources requires effective water management. In the European Union, water management is mainly regulated by the Water Framework Directive (2000/60/EC), introducing an integrated river basin management approach. As a European Union (EU) directive, the legislation needs to be implemented in the Member States, entailing not only legal transposition but also application and enforcement. One major instrument introduced by the Water Framework Directive is the environmental goal achievement obligation of article 4 WFD, containing also a deterioration ban with s

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16

Staikouras, Panagiotis. "Four Years of MADness? – The New Market Abuse Prohibition Revisited: Integrated Implementation Through the Lens of a Critical, Comparative Analysis." European Business Law Review 19, Issue 4 (2008): 775–809. http://dx.doi.org/10.54648/eulr2008039.

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The 2003 Market Abuse Directive (MAD) aims at streamlining the legal framework on insider dealing and market manipulation on a Community–wide basis, with a view to promote market transparency and integration. Nonetheless, the accomplishment of the aforementioned objectives depends upon the quality of the relevant legal rules and the consistency of national transposition. The present paper intends to provide o comprehensive analysis of the new market abuse prohibition also detecting and critically reviewing potential points of ambiguity and inconsistency. Moreover, by attempting a comparative a

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17

Dannenbaum, Tom. "Dual attribution in the context of military operations." International Organizations Law Review 12, no. 2 (2015): 401–26. http://dx.doi.org/10.1163/15723747-01202007.

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This article considers the state of the doctrine on dual attribution in military operations. The rapidly expanding jurisprudence on cooperative military ventures has yet to coalesce around a single normative framework. The role of the ario and ars in that realm has been decidedly mixed, perhaps predictably given the inconsistency between the two codes. The most hopeful developments have come in the Netherlands, with the elaboration of a bifocal, preventive interpretation of Article 7 of the ario. However, whether that framework will resonate elsewhere is uncertain. Thus far, the concept of dua

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18

Intzipeoglou, Ifigeneia. "The European Court of Human Rights and austerity measures in the Eurozone: an ally against human rights violations or merely a bystander?" LSE Law Review 4 (June 1, 2019): 1–28. http://dx.doi.org/10.61315/lselr.28.

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The 2008 financial crisis created a domino effect that affected national economies around the globe, forcing many to adopt severe austerity measures. This paper, using four Eurozone countries (Greece, Ireland, Portugal, the Netherlands) as examples, will attempt to evaluate the mediocre response of ECtHR to violations of the right to property and due process caused by austerity, and subsequently try to explain the ECtHR’s stance on the matter by analysing the doctrines of margin of appreciation, subsidiarity and legitimacy. A brief comparison of the responses of the other regional institutions

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19

Karjoko, Lego, Iswantoro, and Makhabbat Ramazanova. "‘Good Faith’ in Land Transaction: A Comparative Analysis of the USA and Netherlands Law." Journal of Sustainable Development and Regulatory Issues (JSDERI) 2, no. 3 (2024): 185–208. http://dx.doi.org/10.53955/jsderi.v2i3.49.

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The lack of uniformity among judges in interpreting the criteria for buyers' good faith in land sale and purchase cases results in less favorable outcomes for buyers. This study aims to compare the regulations and implementations of the principle of good faith in land transactions in the United States, the Netherlands and Indonesia. Utilizing a statutory and conceptual approach, supplemented by comparative analysis, this research examines the relevant laws and concepts, including contractual rules and regulations governing sales and purchases. The findings indicate that the legal system signif

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20

Vaaranmaa, Oskari. "The Energy Charter Treaty, Frivolous Claims and the Looming Threat of Investor-state Dispute Settlement: Any Hope from the EU’s Modernisation Proposal?" Groningen Journal of International Law 8, no. 2 (2021): 270–87. http://dx.doi.org/10.21827/grojil.8.2.270-287.

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The system of investor-state dispute settlement (‘ISDS’) is being increasingly perceived as a hindrance to States’ efforts to regulate against climate change. A potential scenario for this concern is that, as more robust environmental regulation is made, investors who have been adversely impacted in the fossil fuel sector, will threaten to sue States under international investment agreements (‘IIAs’). This is not just a hypothetical concern. Recently, German energy company Uniper has threatened to take legal action against Netherlands for its coal phase out plan. Against this backdrop, contrac

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21

Dörrenbächer, Nora. "Frontline uses of European Union (EU) law: a parallel legal order? How structural discretion conditions uses of EU law in Dutch and German migration offices." Journal of Public Policy 38, no. 4 (2017): 455–79. http://dx.doi.org/10.1017/s0143814x17000095.

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AbstractThis article tackles the question of how bureaucratic structures condition frontline implementers’ use of European Union (EU) migration law. Adopting an organisational perspective, the study expects that only under discretion do implementers draw independently on original EU law. Empirically, the article draws on qualitative interviews with migration law implementers in the Netherlands and the German Bundesland of North Rhine-Westphalia. The analysis reveals that in the nondiscretionary Dutch structure, frontline implementers only rely on EU law when receiving instructions from higher

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van Kappen, O. Moorman. "Een negentiende-eeuws Gents collegedictaat over het ius publicum Belgicum." Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review 75, no. 3 (2007): 295–305. http://dx.doi.org/10.1163/157181907783054905.

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AbstractThis contribution deals with a manuscript, containing lecture notes made in 1827–1828 by a Ghent student named Callenfels and relating to the lectures on ius publicum universale et Belgicum, given by Jacob Joseph Haus (1796–1881), professor of jurisprudence at Ghent University and native of Würzburg. As the course programme of the law faculties in the southern provinces required courses in natural law as well as in ius publicum and ius gentium, the assumption has been put forward these lectures would be restricted to the ius publicum universale such as lectured in many German law facul

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Noupal, Muhammad. "Menelusuri karya intelektual Sayyid Usmanbin Yahya dalam bidang fikih." Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan 11, no. 1 (2011): 61. http://dx.doi.org/10.18326/ijtihad.v11i1.61-80.

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Sayyid Usman, a Hadrami scholar in the 19th and early 20th century was very controversial. He was themufty of Batavia as well as advisor to the Netherlands East Indies. Especially as a mufty, Sayyid Usmanwas becoming a reference to the people who requested for a ruling of law. Supported by his ownprinting litographyc, Sayyid Usman was able to convey his views dan ideas widely through the publica-tion of books and treatises. The books produced by Sayyid Usman specialized in the field of Islamic lawor fiqh which refers to social jurisprudence. While related to the fiqh of worship, more concise a

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Stevanović, Balša. "International commercial courts as new actors in adjudication business: Collaborators or competitors?" Pravo i privreda 59, no. 1 (2021): 52–71. http://dx.doi.org/10.5937/pip2101052s.

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International commercial courts are a relatively new phenomenon that changes the configuration of the international adjudication business. As novel players on the dispute resolution scene, these courts challenge the notion of competition between the existing actors in the business. From the perspective of arbitration, international commercial courts tend to be perceived as both collaborators and competitors. Furthermore, various driving forces influenced the creation of these courts, which gave them a hybrid structure and a quite unique institutional appearance. This article examines three pro

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Yanev, Lachezar. "Dutch Criminal Justice for Ethiopian War Crimes." Journal of International Criminal Justice 17, no. 3 (2019): 633–59. http://dx.doi.org/10.1093/jicj/mqz023.

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Abstract The past few years have witnessed a proliferation of universal jurisdiction proceedings in Europe, many of which concern asylum seekers suspected of committing international crimes in Syria and the wider region. Alongside the known practical challenges of such trials, these trials also raise a range of normative questions regarding inter alia the scope of universal jurisdiction and the applicable legal standards in such proceedings. This article unpacks several such questions through the lens of a recent Dutch case in which a former refugee, who was granted asylum in The Netherlands a

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Remač, Milan. "Coordinating Ombudsmen and the Judiciary?" Central European Public Administration Review 12, no. 2-3 (2014): 11–29. http://dx.doi.org/10.17573/ipar.2014.2-3.a01.

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An ombudsman institution is one of the most rapidly developing institutions in modern democratic states. Ombudsmen can be characterised as individual and impartial investigators of administration and its conduct. They act as dispute resolution mechanisms between the state and individuals and sometimes also as solvers of problems of individuals. In order to assess the quality of administrative conduct they use normative standards against which they assess this conduct. However, all these matters are primarily in the hands of the judiciary. The judiciary, notably administrative courts are the mo

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Vengkataraw, Rossan, Keshava Rao Tharma Raja, and Nabeel Mahdi Althabhawi. "COVID-19 Movement Restrictions: Individual Rights vs Collective Safety." Jurnal Undang-undang dan Masyarakat 32 (May 18, 2023): 13–23. http://dx.doi.org/10.17576/juum-2023-32-02.

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“Man is born free, but he is everywhere in chains.” This famous phrase made by Geneva-born political philosopher, Jean-Jacques Rousseau back in 1762 is one especially relevant in this COVID-19 era of today where individuals have severely been restricted in their movements since the start of the pandemic in early 2020. In Malaysia, applications such as MySejahtera further enable the government to track and limit the movements of citizens whilst simultaneously issuing them warnings in events of breaches to restrictions posed by the government. In light of mass protests of citizens from the likes

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Schoukens, Hendrik. "Common Hamsters in and Outside the City: Some Reflections on Urban Biodiversity, Species Recovery and the EU Habitats Directive." Journal for European Environmental & Planning Law 19, no. 3 (2022): 180–221. http://dx.doi.org/10.1163/18760104-19030004.

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Abstract The Wild or Common hamster (Cricetus cricetus) is found across a broad swathe of Eurasia, stretching from Belgium in the West to the Altai Mountains in Russia. Once it was considered a farmland pest. In spite of being a strictly protected species under the EU Habitats Directive since 1994, its populations have continued to plummet throughout the past decades in many Member States such as France, the Netherlands, Belgium and Germany. This paper analyses the recent case law developments regarding this enigmatic rodent, which paradoxically has featured in no less than three rulings of th

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Vaquer, Antoni. "Farewell to Windscheid? Legal Concepts Present and Absent from the Draft Common Frame of Reference (DCFR)." European Review of Private Law 17, Issue 4 (2009): 487–512. http://dx.doi.org/10.54648/erpl2009034.

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ABSTRACT: Bernhard Windscheid stood at the summit of the German pandectist school. He produced the very influential Lehrbuch des Pandektenrechts, which condensed the works of the authors belonging to the school, and took part in the commission charged with the redaction of the German Bürgerliches Gesetzbuch. The jurisprudence of concepts that developed the pandectist school created a series of legal concepts such as Rechtsgeschäft, subkektive Rechte, Anspruch, which were incorporated successfully into the German BGB – legal concepts that later spread in Italy, Spain, Portugal, Greece, and even

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HERNOKO, Agus Yudha, and Ghansam ANAND. "The application of Circumstance Abuse Doctrine (Misbruik Van Omstandigheden) on Judicial Practice in Indonesia." Journal of Advanced Research in Law and Economics 8, no. 7 (2018): 2138. http://dx.doi.org/10.14505//jarle.v8.7(29).10.

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This study analyzed the abuse of circumstances as a factor that delimits the freedom of making a contract associated with the onset of the contract, not because of the casue which is not allowed. The abuse of circumstance is not only related to the content of a contract, but rather related to what had happened at the time of the inception of the contract as one of the parties feels constrained to determine their will in a contract. It concerns on the circumstances that contribute to onset of the contract (i.e., taking benefit from other’s circumstance does not cause the content or intent of a

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HERNOKO, Agus Yudha, and Ghansam ANAND. "The Application of Circumstance Abuse Doctrine (Misbruik Van Omstandigheden) on Judicial Practice in Indonesia." Journal of Advanced Research in Law and Economics 8, no. 7 (2017): 2128. http://dx.doi.org/10.14505/jarle.v8.7(29).09.

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This study analyzed the abuse of circumstances as a factor that delimits the freedom of making a contract associated with the onset of the contract, not because of the casue which is not allowed. The abuse of circumstance is not only related to the content of a contract, but rather related to what had happened at the time of the inception of the contract as one of the parties feels constrained to determine their will in a contract. It concerns on the circumstances that contribute to onset of the contract (i.e., taking benefit from other’s circumstance does not cause the content or intent of a

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Benkunskas, Valdas. "PSICHIKOS SUTRIKIMŲ TURINČIŲ ASMENŲ PRIVERSTINIO HOSPITALIZAVIMO TEISINIO REGULIAVIMO YPATUMAI." Sveikatos mokslai 23, no. 6 (2013): 18–24. http://dx.doi.org/10.5200/sm-hs.2013.127.

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The article analyzes peculiarities of legal regulation of involuntary hospitalization of people with mental disorders in the context of Lithuania and other states. The analysis is based on jurisprudence of the European Court of Human Rights and, especially, the criteria of legal involuntary hospitalization framed in the case Winterwerp v. Netherlands in 1979. Article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms anchors that no one can be deprived of freedom, unless (among other cases) in case when “mentally ill” persons are detained. The judgement in the case

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Markova, Elena. "Regulation of liability for offences committed with the use of electronic funds of payment in the legislation of the countries of Romano-Germanic of legal system." Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2020, no. 3 (2020): 98–105. http://dx.doi.org/10.35750/2071-8284-2020-3-98-105.

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The article is devoted to the study of the regulation of criminal liability for crimes committed using electronic means of payment related to cybercrime in the legislation of certain foreign countries of the Romano-Germanic legal family. The article notes that the Romano-German legal system is significantly distinguished from other families not only by the fact that it possesses, due to historical traditions, many characteristics of the law of ancient Roman jurisprudence, but also by the legal peculiarities of criminal legislation on cybercrime. The relevance of cybercrime, its differentiation

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Chigara, Ben. "On the Jurisprudential Significance of the Emergent State Practice concerning Foreign Nationals Merely Suspected of Involvement with Terrorist Offences." Maastricht Journal of European and Comparative Law 16, no. 3 (2009): 315–39. http://dx.doi.org/10.1177/1023263x0901600304.

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This article examines emergent state practice of European States concerning foreign nationals that are merely suspected but not charged with involvement with terrorist offences, including deportation to destinations where they risk torture, inhuman or degrading treatment or punishment – usually their own country of origin, contrary to the foremost rules of international human rights law. The article attempts a rule of law analysis with a view to evaluating the difficulty posed for States by the absence still of alternative mechanisms for ensuring both the national security interest on the one

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Hualde López, Ibon, and Victoria Sánchez Pos. "El arbitraje de inversión en España tras la reciente doctrina del Tribunal de Justicia de la Unión Europea = Investment arbitration in Spain in light of recent jurisprudence from the European Union Court of Justice." CUADERNOS DE DERECHO TRANSNACIONAL 10, no. 2 (2018): 866. http://dx.doi.org/10.20318/cdt.2018.4408.

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Resumen: El pasado mes de marzo el Tribunal de Justicia de la Unión Europea abrió una vía favorable para España al declarar, mediante la sentencia resolutoria de una petición de decisión prejudicial planteada por el Tribunal de casación alemán, que la cláusula de arbitraje incluida en el Tratado para el Fomento y la Protección Recíprocos de las Inversiones celebrado en 1991 entre el Reino de los Países Bajos y la República Federal Checa y Eslovaca (TBI) no es compatible con el Derecho de la Unión Europea. El presente trabajo tiene por objeto realizar un análisis de la mencionada sentencia, re

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Kumari, Pooja. "Dying with Dignity: The Legal and Ethical Dimensions of Passive Euthanasia in India." European Economic Letters (EEL) 14, no. 4 (2024): 1271–82. https://doi.org/10.52783/eel.v14i4.2256.

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In the timeless debate surrounding the complexities of life and death, euthanasia has emerged as a focal point of ethical and legal discourse. The term, originating from the Greek words “eu” (good) and “thanatos” (death), signifies a "good death" — a concept as ancient as the civilizations that first contemplated the dignity of human existence. The Roman historian Suetonius, in his seminal work De Vita Caesarum, recorded the peaceful death of Emperor Augustus in the arms of his wife, Livia, describing it as the emperor’s wish for a swift and painless end — a true “euthanasia” by his own words.

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Vale E Reis, Rafael. "The Right to Know One’s Genetic Origins: Portuguese Solutions in a Comparative Perspective." European Review of Private Law 16, Issue 5 (2008): 779–99. http://dx.doi.org/10.54648/erpl2008060.

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In Europe, the acknowledgement of the ‘fundamental right to know one’s genetic origins’ took place in the second half of the twentieth century, specifi cally due to the German doctrine and jurisprudence founded on the constitutional regulation of the ‘general personality right’ (allgemeine Personlichkeitsrecht), which was enshrined as the ‘right to the free development of personality’ (Recht auf die freie Entfaltung seiner Personlichkeit) combined with the principle of the ‘dignity of the human person’ ( Menschenwurde). This thesis infl uenced other legal systems, with clear responses, for exa

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Kuchiv, Oksana. "Freedom of movement in terms of justification in a democratic society: ECtHR approaches." Slovo of the National School of Judges of Ukraine, no. 2(35) (August 20, 2021): 27–39. http://dx.doi.org/10.37566/2707-6849-2021-2(35)-3.

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The article is devoted to the right to freedom of movement, guaranteed by the Article 2 of the Protocol 4 to the Convention for the Protection of Human Rights and Fundamental Freedoms and compliance with the requirement of «necessity in a democratic society» while restricting freedom of movement. The article mentions the implementation of Article 2 of Protocol 4 to the Convention and the case law of the ECtHR by national courts in practice. In particular, it is stated that Article 2 of Protocol 4 to the Convention is most often applied in decisions of the courts of civil jurisdiction (507), le

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Putra Rozi, Zulfiqar Bhisma. "PANDANGAN HUKUM ISLAM MENGENAI YURISPRUDENSI TENTANG DELIK ZINA DALAM PERKEMBANGAN HUKUM PIDANA NASIONAL." Jurnal Pro Hukum : Jurnal Penelitian Bidang Hukum Universitas Gresik 8, no. 2 (2019): 352–70. http://dx.doi.org/10.55129/jph.v8i2.967.

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Latar Belakang dari Penelitian ini adalah adanya kelemahan terkait pengaturan atas Tindak Pidana zina sebagaimana yang diatur dalam pasal 284 KUHP yang mana pada pasal tersebut pemidanaannya terbatas pada ruang lingkup perkawinan dan Tidak dapat dipidana bila kedua pelakunya masing-masing masih sama-sama tidak terikat perkawinan. Hal ini mengacu kepada konsep rumusan KUHP yang merupakan adopsi dari Wetboek van Straftrecht Belanda yang menganggap persetubuhan yang dilakukan oleh kedua pelaku yang masing-masing sama-sama tidak sedang terikat perkawinan tidak dianggap sebagai delik zina karena be

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Solechan, Solechan. "Asas-Asas Umum Pemerintahan yang Baik dalam Pelayanan Publik." Administrative Law and Governance Journal 2, no. 3 (2019): 541–57. http://dx.doi.org/10.14710/alj.v2i3.541-557.

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Abstract AAUPB (Asas asas umum pemerintahan yang Baik) has a long journey from the beginning of its birth in the Netherlands to its application in Indonesia today. AAUPB at first was only in the theoretical realm and then entered into law until AAUPB got a very important position in Law No. 30 of 2014. Initially, AAUPB was intended as a means of legal protection or rechtsbescherming and was even used as an instrument to increase legal protection or rechtsbescherming for citizens from government actions. AAUPB is then used as the basis for judgments in the judiciary and administrative efforts,

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Sujatmiko, Agung, Hayyan Ul Haq, Mochamad Kevin Romadhona, and Christoph Antons. "Pierre Cardin and the Legal Battle for Well-Known Marks: Insights from Indonesia and the Netherlands." Hasanuddin Law Review 10, no. 3 (2024): 240. https://doi.org/10.20956/halrev.v10i3.5583.

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This work is aimed at reexamining the well-known mark protection, particularly in Indonesia. It is sparked by a substantive gap, covering theoretical and practical elements in protecting well-known mark. The case rooted at the Indonesian Supreme Court decision that refers to the constitutive systems in mark registration and refused the Pierre Cardin proposal to invalidate the Indonesian local that used mark Pierre Cardin for his convection products. Normatively, the court should analyze and consider the architecture of norms in protecting well-known mark by going further into the international

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Yasin, Ikhsan Fatah. "Eksistensi AAUPB di Indonesia dan Yurisprudensinya Dalam Perkara TUN." Al-Daulah: Jurnal Hukum dan Perundangan Islam 8, no. 2 (2018): 296–317. http://dx.doi.org/10.15642/ad.2018.8.2.296-317.

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This article discusses the General Principles of Good Governance (AAUPB). It has a long journey from the beginning of its coming in the Netherland to its application in Indonesia today. AAUPB, which previously was only in theoretical realm, it changes into Law No. 30 of 2014 today. The principles contained in the law are legal certainty; expediency; impartiality; accuracy; not to abuse authority; openness; public interest; and good service. In addition to these principles, we can also use other principles as far as they become the basis for the judges' judgments that have permanent legal force

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Pauknerová, Monika. "Osobní statut právnických osob v českém právu." AUC IURIDICA 44, no. 1 (2020): 31–51. https://doi.org/10.14712/23366478.2025.254.

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Private international law belongs to those few exceptional branches of the Czech law which even in the period between 1948 and 1989 preserved a standard level comparable with that in developed States of a continental legal system. The development of this branch was autonomous to a considerable extent and resistant to substantial changes in the regulation of private law in the socialist era. Nevertheless, there are domains to which was not and could not be paid such attention which they deserve. Legal regulation of personal statute of legal persons is in the opinion of the author an appropriate

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Raible, Karen, and Cristina Hoss. "First European Jurists Forum Held in Nuremberg." German Law Journal 2, no. 16 (2001). http://dx.doi.org/10.1017/s2071832200003989.

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In the middle of the 19th century Jurists Forums were founded in several European countries, including Germany, Switzerland, the Scandinavian countries, the Netherlands, Italy and Hungary. The aim of the institution was to assemble practitioners and academics, in order to discuss contemporary legal problems with the goal of influencing jurisprudence and legislation. The activities of the Deutscher Juristentag (German Jurists' Forum) were interrupted after Hitler came to power, primarily because the German Jurists' Forum refused to exclude its Jewish members. The organization was resurrected af

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Feasby, Colin, David DeVlieger, and Matthew Huys. "Climate Change and the Right to a Healthy Environment in the Canadian Constitution." Alberta Law Review, December 10, 2020, 213. http://dx.doi.org/10.29173/alr2617.

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This article discusses the first efforts of non-governmental organizations and Indigenous communities in Canada to force governments to move more aggressively to mitigate climate change through constitutional litigation. The claimants argue the failure of the Canadian government to implement adequate climate change policies violates the constitutionally protected rights under the Canadian Charter of Rights and Freedoms, such as the section 7 right to life and security of the person, and the section 15 right to equality. By comparing the developing Canadian actions to recent international juris

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FARIDA KAPLELE, SIGID SUSENO, LIES SULISTIANI, ELIS RUSMIATI. "COUNTRIESVOORTGEZETTE HANDLING IN SOME CIVIL LAW SYSTEM COUNTRIES." Russian Law Journal 11, no. 9s (2023). http://dx.doi.org/10.52783/rlj.v11i9s.1807.

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Comparison of laws between countries will provide a broad picture of the similarities and differences of each country. However, comparing criminal law is not just looking for similarities and differences between the criminal law of other countries and the criminal law in force in Indonesia. More than that, it is to know and understand criminal law in detail in other countries. In this case, it should be used as comparative input in forming and developing national criminal law to reform federal criminal law. The institution of concurrent acts in criminal law is not recognized in countries that

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OKUMUS, Fatih. "Üçüncü Ebu Hanife Hayreddin Karaman'ın Fıkhı ve Avrupa'daki Türk Müslümanlığı Üzerindeki Etkileri." Çekmece Sosyal Bilimler Dergisi, February 5, 2024. http://dx.doi.org/10.55483/cekmece.1416812.

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Hayreddin Karaman, “the muftī of muftīs (teacher of teachers),” is one of the most revered scholars in contemporary Turkish theology. This article argues that Karaman’s authority rests on three pillars: the applicability, and accessibility of his thought, the fruits of his perception of Islam, especially his approach tocontemporary issues using Islamic jurisprudence (fiqh). Karaman’s starting point is ijtihād,i.e., the possibility and even the necessity of independent reasoning. Karamanrelies on traditional literature and methodology that is applicable in the present. His solution-oriented min

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Borgogni, Daniel. "The Doctrine of Equivalents at the Unified Patent Court: A Comparative Analysis of the Main EPC Jurisdictions and a Shot at Harmonization." GRUR International, January 13, 2025. https://doi.org/10.1093/grurint/ikae164.

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Abstract The purpose of this analysis is to offer insights on how the recently established Unified Patent Court (‘UPC’) – particularly the Court of Appeal in Luxembourg – might apply the Doctrine of Equivalents (‘DoE’). The answer to this question will affect, in a concrete manner, the scope of protection of most patents (with the exception of national patents) litigated in countries subject to the UPC and greatly influence members of the broader EPC, with evident practical consequences. Specifically, the following work seeks to address this query by looking in turn at the policy consideration

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Buszman, Zuzanna. "BEYOND THE COURTROOM: THE EVOLUTION OF RIGHTS-BASED CLIMATE LITIGATION FROM URGENDA TO HELD AND ITS POLICY IMPACT." Studia Iuridica, 2024. http://dx.doi.org/10.31338/2544-3135.si.2024-102.3.

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This paper examines the growing trend of employing international and human rights law in domestic climate change lawsuits as a strategic tool for legal action. Using a qualitative and comparative analysis of seminal case law, such as Urgenda Foundation v the Netherlands and R (Friends of the Earth and others) v Heathrow Airport Ltd and Held v State, this paper aims to explain the juridical trajectories and methodologies employed in rights-based climate litigation. The primary objective is to critically evaluate the potential regulatory impact of this emergent jurisprudential paradigm on both d

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"Not Trading With the Enemy: The Case of Computer Chips." Journal of World Trade 58, Issue 1 (2024): 61–86. http://dx.doi.org/10.54648/trad2024003.

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Drawing on the analysis of international trade law and the research on the regulation of the semiconductor industry in key players, the United States of America (US), the Netherlands, and Japan, this paper explores under which conditions export controls are compatible with the international trade law framework. To this end, it focuses on the scope of national security exceptions under the agreements of the World Trade Organization (WTO) and examines to which extent export controls on the semiconductor industry can be justified under such exceptions. It discusses the direction in which the curr

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