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METHODS OF INTERNATIONAL LEGAL CONVERGENCE

Author(s): Yury Bezborodov / Language(s): English Issue: 01/2017

This article analyzes the processes of universalization of international legal regulation and international legal convergence of national legal systems. The stages and methods of convergence - harmonization, unification and integration, which until now have not been subjected to any serious complex science investigations in the framework of international law. Article represents theoretical understanding of the convergence processes and their methods on the international legal level. The author suggests his own understanding of the terms harmonization, unification, integration and convergence.

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REPORT ON THE DIVERSITY ROUNDTABLE AT VIENNA ARBITRATION DAYS 2018

Author(s): Cristina Ioana Florescu / Language(s): English Issue: 01/2018

On the occasion of Vienna Arbitration Days 2018 which took place on 19-20 January 2018, I was invited to be a Roundtable moderator for the second day, organized as a World Café of several tables with trendy topics that are much debated and considered nowadays actual and of interest for the arbitration community. I proposed that my Roundtables’ topic to be about diversity in arbitration as the international arbitration community has to adapt to serve users in new fields of arbitration and is facing an increasing influence of new technologies. These developments have made it even more decisive for arbitral tribunals to be diverse, as this will allow them to dare into these new fields and take advantage of the new tools and technologies, increase the productivity and ensures high quality decisions. This paper presents the report of the discussions made by the participants to the Roundtable in the three sessions allocated and tries to summarize the current perception of diversity in order to be able to propose better solutions to respond to the call for diversity in arbitration. We all have a responsibility to prioritize diversity, and we all have something to gain from increasing diversity in international arbitration.

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HINDSIGHT VIEW ON ARBITRATION FROM THE PERSPECTIVE OF THE VISIONS, INSTITUTIONS AND THE PERSONALITIES WHICH HAVE ADDED AND CONTRIBUTED TO THE EVOLUTION OF THIS FIELD IN THE LAST CENTURY FROM A TO Z

Author(s): Alina Mioara Cobuz Bagnaru / Language(s): English Issue: 02/2018

The paper aims to present the field of arbitration from the perspective of the evolution of both the notions and the institutions, as a synthesis of the concepts, legal terms and terms specific to the arbitration. We could talk about a kaleidoscope only from the perspective of the images that are going on in time. The paper is also a retrospective with reference to past and present facts and situations, all of which have a legal connotation and have had and continue to have an impact in the field of arbitration. This is a progressive legal process that has developed in the field of litigation and through the arbitration institution.

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DRŽAVNI OBLICI I PITANJE SUVERENITETA

Author(s): Slađan Ajvaz / Language(s): Bosnian,Croatian,Serbian Issue: 1/2010

Analyzing the forms of state and the issue of sovereignty, the author pays special attention to the problem of sovereignty from the aspect of monarchy and republic, democratic and autocratic political regime, the form of state governance and the governmental system. Similarly to the general regularities that exist in emerging and changing of the forms of state, there are, also, general regularities affecting sovereignty and, consequently, the author observes them within that context.

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Podstawowe zasady międzynarodowej ochrony środowiska morskiego. Wybrane aspekty prawa, doktryny i praktyki

Author(s): Leonard Łukaszuk / Language(s): Polish Issue: 1/2006

The author of this article presents the notion and meaning of international protection of the marine environment and offers a solid legal and philosophical background to this issue. He points at and systematically analyzes a kind of compendium of selected main legal and philosophical principles as environmental values, included in the United Nations Convention on the law of the sea (1982). The author discusses both environmental management at seas as a global system and topical issues in the light of international legal instruments, doctrine, and some practical experiences. He also shows the environmental law as an increasingly important area of new interdisciplinary study and addresses how this law and science may best able to address the key issues facing the marine environment in the 21st century.

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Polityka ochrony środowiska w podstawach traktatowych UE

Author(s): Dominika Molak / Language(s): Polish Issue: 1/2006

The article contains a presentation of the main documents of the European Union and analyses ecological policy and the problems of environmental protection in this regard.

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Cauza Zambrano c. Franţei

Author(s): / Language(s): Romanian Issue: 4/2021

Case of Zambrano v. France

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Jurisprudența Curții Europene a Drepturilor Omului – octombrie 2021 – noiembrie 2021

Author(s): Iulia Golgojan-Pătrulescu / Language(s): Romanian Issue: 4/2021

European Court of Human Rights Jurisprudence – October 2021 – November 2021

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L’inconventionalité formelle de l’exclusion de la Russie du Conseil de l’Europe

Author(s): Corneliu Liviu Popescu / Language(s): Romanian Issue: 1/2022

Consiliul Europei dispune de o gamă largă de sancțiuni juridice internaționale contra Statelor sale Membre: sancțiunile convenționale statutare, celelalte sancțiuni convenționale și sancțiunile regulamentare. Excluderea unui Stat Membru din Consiliul Europei este sancțiunea cea mai severă, pentru violarea gravă a principiilor fundamentale ale acestei organizații internaționale. Ea are caracter subsidiar față de retragerea din Consiliul Europei a unui Stat Membru în executarea de bună-voie a invitației (cu natură de sancțiune juridică internațională) care i-a fost făcută de a se retrage, precum și față de retragerea voluntară a unui Stat Membru din Consiliul Europei. Pe fond, excluderea Rusiei din Consiliul Europei a fost pe deplin justificată, întrucât a comis un act de agresiune contra Ucrainei, cu violarea gravă a Cartei Națiunilor Unite, așa cum s-a constatat printr-o rezoluție a Adunării Generale a ONU. Totuși, strict din punct de vedere formal, decizia de excludere este neconvențională și nestatutară, întrucât a fost luată atât fără ca înainte să i se aplice Rusiei sancțiunea invitării de a se retrage din Consiliul Europei, cât și după ce Rusia notificase retragerea voluntară din Consiliul Europei. Diferența vizează nu numai natura juridică a încetării calității Rusiei de Stat Membru al Consiliului Europei (retragere voluntară în temeiul suveranității naționale sau excludere ca sancțiune pentru violarea gravă a principiilor Consiliului Europei), ci ea se referă și la diferențe importante privind data efectelor juridice (o diferență de peste 9 luni), prin raportare la calculul contribuției financiare datorate de Rusia pentru bugetul Consiliului Europei, la încetarea calității de Stat Parte la tratatele internaționale adoptate în cadrul Consiliului Europei, la terminarea jurisdicției ratione temporis a Curții Europene a Drepturilor Omului și la încetarea funcțiilor funcționarilor Consiliului Europei având cetățenie rusă.

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Jurisprudenţa Curţii Europene a Drepturilor Omului: decembrie 2021 – februarie 2022

Author(s): Tatiana-Lăcrămioara Șoldănescu / Language(s): Romanian Issue: 1/2022

Standard Verlagsgesellschaft mbH împotriva Austriei (nr. 3), cererea nr. 39378/15/ Karuyev împotriva Rusiei, cererea nr. 4161/13/ Advance Pharma sp. z.o.o împotriva Poloniei, cererea nr. 1469/20/

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Consequences of Illegal Migration across the European Union: Voluntary Return and Reintegration

Author(s): Mihaela-Adina Apostolache / Language(s): English Issue: 14/2021

The European Union has an important role in the problems generated by illegal migration inside and outside its territory. With regard to the return, readmission and reintegration of citizens, a number of tools need to be used to strengthen the capacity of the countries of origin. The European Union legislation and practices significantly influence the development of mechanisms to protect migrants in many other countries. At European level, it aims to eliminate existing difficulties by increasing the effectiveness of the legal and operational framework, effective coordination between stakeholders, and also support the voluntary return and reintegration of migrants from third countries and between third countries. The Union institutions – the European Council, the European Commission, the European Parliament and the European Court of Justice – have legislative, executive and judicial powers in areas directly relevant to the protection of the fundamental rights.

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THE ESTABLISHMENT OF THE COURT OF ASTANA INTERNATIONAL FINANCIAL CENTER (AIFC) IN THE WAKE OF ITS PRECURSORS

Author(s): Alina Baimoldayeva,Malik Zia-Ud-Din / Language(s): English Issue: 43/2022

The Astana International Financial Center's Court is a novel conflict determination effort aimed at attracting investors in the same way similar financial centers in the Persian Gulf have done with their courts and arbitration processes. This article contrasts and compares various approaches, focusing on aspects of private international law like jurisdiction, relevant law, and the admission and execution of judgments and arbitral awards. This research finds that the initiative's success, particularly for junior courts, will be determined by its ability to create amicable relationships with the host country's local courts.

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PROBLEMS OF LEGAL REGULATION OF COMBATING TORTURE IN UKRAINE

Author(s): Dariia Melnykova / Language(s): English Issue: 43/2022

The relevance of this study is due to the lack of an effective mechanism to combat torture in Ukraine and an insufficiently effective system of prevention and protection against torture, which creates an atmosphere of impunity and leads to the spread of this phenomenon in Ukraine. The purpose of the article is to explore the problematic aspects of legal counteraction to torture in Ukraine and to suggest ways to improve the mechanism of legal counteraction to torture in Ukraine in the context of international standards. Thus, first of all, the article reveals the composition of the crime of torture and the specifics of responsibility for it in Ukraine. Then the paper characterizes the mechanism for ensuring legal counteraction to torture in Ukraine. The article also analyzes the main problems of legal counteraction to torture in Ukraine suggests ways to improve certain problems of legal counteraction to torture in Ukraine in the context of international standards.

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A REVIEW OF DEFENCE PRETRIAL DISCLOSURES WITHIN THE CASE MANAGEMENT THEORY OF CRIMINAL PROCEEDINGS IN GHANA

Author(s): Isidore Kwadwo Tufuor / Language(s): English Issue: 43/2022

This article examines the concept of defense disclosures within the theory of managerialism in criminal proceedings in Ghana. Through a doctrinal and comparative legal analysis with the English jurisdiction, it finds that in substance, the requirement of defense disclosure seeks to move the criminal process from its core protectionist ideology that insulates the accused from matters of proof toward a managerial process informed by objectives of truth-finding, trial efficiency and case management. Ironically, this new direction in the criminal trial process is in practice denounced as being at odds with the procedural due process values that shield the accused from matters of proof and pretrial disclosures. The problem is that unlike in England where the move towards defense disclosures is informed by a clear policy change, the managerial policy introduced by the Judiciary in Ghana is not grounded in any articulated theory or policy direction. While pursuing a path of ensuring effective criminal adjudication through mutual disclosures by the parties, it is important to find a proper balance between the denounced but yet adopted procedural concept of defense disclosures and the highly valued protectionist rights of the accused.

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Problemy wykładnicze wybranych znamion zbrodni przeciwko ludzkości

Author(s): Marlena Paszko / Language(s): Polish Issue: 1/2022

Frequently, on the basis of regulating crimes against humanity, justified interpretational doubts arise as to the meaning of the expressions used by the legislator. The first of these involves parallel application of acts of international law. The second one can be reduced to numerous allegations concerning the legislator’s failure to comply with the principles of correct legislative technique. This creates or increases interpretational confusion of the law. This article presents the most important problems related to the structure of the elements of the crimes against humanity.

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ACCOUNTING POLICIES AND PROFESSIONAL JUDGMENT APPLICATION OF IFRS 16 "LEASING CONTRACTS"

Author(s): Nicoleta Pavel / Language(s): English Issue: 2/2021

IFRS 16 “Leases” is the result of the joint effort of the International Accounting Standards Board (IASB) by the US National Standards Standardizer, the Financial Accounting Standards Board (FASB), to improve financial reporting on leasing activities. The two accounting standards normators found that the reported information on operating leases was not transparent and the existence of different accounting models for operational and financial leases reduced comparability for users of financial statements. In addition, the different accounting of financial leasing from operational leasing ‘provides opportunities to structure transactions to obtain a certain accounting result’ (Basis for conclusions in IFRS 16, BC 3). In these circumstances, IAS 17 ‘Leasing’ has been replaced by IFRS 16 ‘Leases’ and applies from financial year 2019. IFRS 16 “Leases” makes significant changes to the accounting for the lessee's leases and the information to be disclosed in the notes to the financial statements. To facilitate its understanding and application, IFRS 16 “Leases” is accompanied by application guidance and illustrative examples. The Ministry of Finance also created the legal framework for the uniform application of the standard by introducing specific accounting accounts in the General Accounts Plan annex to the Accounting Regulations în accordance with International Financial Reporting Standards, approved by Order of the Minister of Public Finance no. 2844/2016, with subsequent amendments and completions. Leasing accounting has been and remains a sensitive area in which professional accountants must exercise their professional judgment in order to assure users of information that the presentation of the items in the Statement of Financial Position / Balance Sheet and the profit and loss account has been made taking into account the fund economic nature of the transaction or commitment in question and not only the legal form of the lease. In the following, we intend to highlight how the application of the provisions of IFRS 16 “Leases” affects the Statement of Financial Position and the profit and loss account for entities that have the quality of lessee in a leasing contract.

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Clauzele de post-calculare a prețului vs. clauza de revizuire a prețului în contractele de comerț internațional

Author(s): Anjie-Diana Goh / Language(s): Romanian Issue: 05/2022

The study aims to present in a comparative manner the post-calculation clauses and the escalation clauses in international trade contracts, while presenting the main clauses of both categories, including the varieties of the well-known cost+fee clause. At the same time, the study gradually analyzes the structure of each type of clause, highlighting the main advantages and disadvantages that accompany the introduction of these clauses in trade contracts, both from the perspective of the owner and from the perspective of the contractor, who tries to transfer the risks to the owner, which in some situations may, paradoxically, even benefit from such a situation.

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Responsibility for Currency in an Occupied Territory

Author(s): Krzysztof Skubiszewski / Language(s): English Issue: 10/2020

The paper is an English translation of the chapter Odpowiedzialność za pieniądz na terytorium okupowanym from Pieniądz na terytorium okupowanym. Studium prawnomiędzynarodowe ze szczególnym uwzględnieniem praktyki niemieckiej by Krzysztof Skubiszewski published originally in Polish by Instytut Zachodni Publishing House in 1960. The text is published as a part of a jubilee edition of the Adam Mickiewicz University Law Review “100th Anniversary of the Faculty of Law and Administration” devoted to the achievements of the late Professors of the Faculty of Law and Administration of the Adam Mickiewicz University, Poznań.

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The Autonomy of Treaty Terms

Author(s): Anna Michalska / Language(s): English Issue: 10/2020

The paper is an English translation of Autonomiczność pojęć traktatowych by Anna Michalska published originally in Polish in “Toruński Rocznik Praw Człowieka i Pokoju” in 1993. The text is published as a part of a jubilee edition of the “Adam Mickiewicz University Law Review. 100th Anniversary of the Faculty of Law and Administration” devoted to the achievements of the late Professors of the Faculty of Law and Administration of the Adam Mickiewicz University, Poznań.

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(Re) thinking the International Labour Law: International Labour Standards, Regulatory Strategy and Universality

Author(s): Olivia de Quintana Figueiredo Pasqualeto,Catharina Lopes Scodro / Language(s): English Issue: 1/2022

In 2020, for the first time in the history of the International Labour Organization (ILO), we sighted the universal ratification of a Convention, that is, the ratification by all 187 Member States of the Organization. The C182—Convention of Worst Forms of Child Labour (1999) is identified as a fundamental Convention because it refers to one of the fundamental labour rights identified at ILO Declaration on Fundamental Principles and Rights at Work (1998). This Declaration, despite having been immersed in intense debates on the regulatory option adopted by the ILO (soft law), spelled out a list of fundamental rights and principles at work, approaching to the grammar of human rights. In this sense, it is possible to understand that Convention No. 182, since it is fundamental, already had a prominent role. However, universal ratification presents itself as opportune and strategic, especially when it formalizes the commitment of States to the observance of the parameters presented in the respective international labour standard. Thus, using the deductive method (Lakatos, Marconi 2003) and the bibliographic and the documentary research techniques, the study is going to analyse the importance of universalizing international labour standards for International Labour Law.

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