CEEOL - Browse Subjects Result

We kindly inform you that, as long as the subject affiliation of our 300.000+ articles is in progress, you might get unsufficient or no results on your third level or second level search. In this case, please broaden your search criteria.

DREPTURILE MINORILOR STRĂINI NEÎNSOȚIȚI, RECUNOSCUTE ÎN SFERA INTERNAȚIONALĂ ȘI ÎN UNIUNEA EUROPEANĂ

Author(s): Simion Belea / Language(s): Romanian Issue: 2/2022

The protection of unaccompanied foreign minors has been an issue of major concern for the European Union in recent years. The need for special protection of unaccompanied minors has gradually been felt by the main international organizations and has led to the adoption of numerous legal instruments among the member states, including in the fight against human trafficking. This study analyses the status of unaccompanied foreign minors in the light of existing international and European legal regulations, as well as the role of guardianship services in European states where the migration flows of this category are increasingly frequent.

More...

International Aspects of Pollution

Author(s): Ovidiu Horia Maican / Language(s): English Issue: 4/2022

The transboundary effects of industrial accidents must be analyzed in the context of Romania’s position as European Union member. During the Baia Mare accident in 2000, Romania was not member of European Union. Key principles of international environment law are included in multilateral conventions and other international legal instruments. The issue of transboundary effects of indstrial accidents is an important problem in north America too, mainly in United States of America. Finally, the liability regime is very important in order to cover the damages produced by such dangerous activities.

More...

Exploring Algeria’s International Commercial Arbitration Legislation in Light of the UNCITRAL Model Law on International Commercial Arbitration. A National View on International Investments

Author(s): Mejd Aures Benlala / Language(s): English Issue: 1/2023

This paper attempts to examine Algeria’s international commercial arbitration legislation in light of the UNCITRAL Model Law on international commercial arbitration. This is crucial and pertinent to the overall business and trade activity in Algeria, particularly with regards to potential disputes related to the increasing presence of foreign companies and investors (FDI). The research method is mainly based on the analytical approach with the aim to analyze Algeria’s legislation that deals with international commercial arbitration, nevertheless, it tends to be descriptive and comparative at times (when necessary). After analysis and comparison of Algeria’s Code of Civil and Administrative procedure; namely the part, which is concerned with international commercial arbitration, this paper concludes that this existing international commercial arbitration legal framework can be described as adequate and functional in harmony with the UNCITRAL Model Law on international commercial arbitration.

More...

Types of International Commercial Agreements and Their Legal Regulation

Author(s): Olga Tatar / Language(s): English Issue: 1/2023

The purpose of writing this article is to classify international commercial contracts on various grounds. First, depending on the subject of the international contract: 1) specific contracts for international investments; 2) international contracts for the sale of goods; 3) international lease agreements; 4) international financial leasing agreements; 5) international factoring agreements; and 6) international contracts, etc. Secondly, we can distinguish simple international agreements (for example, an international sale and purchase agreement), as well as complex (mixed and unnamed). The latter are becoming more widespread in international trade. European countries carry out legal regulation of this kind of contracts both within the framework of civil law, trade law, tax law, as well as special legislation. So, among the most common in practice mixed (complex) foreign economic agreements are international leasing, franchising, distribution, factoring agreements, investment agreements, etc. Depending on the nature of the delivery and the specifics of the relationship between counterparties: 1) an international (cross-border) contract with a one-time delivery of goods, after the execution of which legal relations between the parties to the transaction terminate; 2) an international (crossborder) contract with a periodic regular supply of goods from the seller to the buyer within a certain period. The methods used in this article were: comparative legal, logical, historical, didactic, imperial.

More...

Brief Considerations on the “Behaviour” of Professional Traders and Consumers in the Context of the Shift from Brick-And-Mortar to E-commerce. Union and Transposition Regulations

Author(s): Elise-Nicoleta Vâlcu / Language(s): English Issue: 1/2023

The way in which goods and services are marketed in the European Union is in a continuous process of change and this fact has different implications in all investment levels. Given that citizens, as consumers as well as professional traders from the European Union, are increasingly active on markets outside their country of origin (acting as international investors), the possibility of resorting to electronic payments greatly simplifies their current activity. That is why this article deals with the specific problems that appear closely interconnected by the most modern aspects with an impact on the cross-border investment environment. As a result, the Green Paper of the European Commission entitled "Towards an integrated European market forcard, internet and mobile payments" notes the increasing proportion of online or internet payments (electronic payments) and payments from the mobile phone. The present scientific study aims to highlight the main advantages conferred by the presence of electronic payments on the markets of the member states among which we mention: many possibilities for consumers and professional traders to choose those tools and those providers that best meet their needs; it gives more innovation, thus generating an integrated market in this respect and last but not least the increased security of payments and more trust from customers. The scientific material also notes that this innovative payment system has also disadvantages, among which we mention the activities included in the scope of crimes, committed in the case of non-cash payment transactions carried out with any kind of payment instrument, whether physical, such as bank cards, whether virtual, such as payments through a mobile payment application. So, for a good understanding of the criminal phenomenon, the study approaches the union and transposition legislation in the matter.

More...

Klaipėdos krašto statuto aiškinimo byla M. RÖmerio dienoraščiuose. II dalis: nuolatiniame tarptautinio teisingumo teisme

Author(s): Ieva Deviatnikovaitė / Language(s): Lithuanian Issue: 112/2022

M. Römeris became an ad hoc judge of the Permanent Court of International Justice in the case of interpretation of the Statute of the Memel Territory. He devoted a lot of pages to this case in his diaries. In them, the lawyer reveals the details of the trial. Due to the abundance of material, this study consists of a cycle of four articles: "The Origin of the Case and Preparation for the Court"; “In the Permanent Court of International Justice"; "In the Permanent Court of International Justice: Judgment"; "Court, Judges, after Returning to Lithuania". The title of entire series of articles is "The Case of Interpretation of the Statute of the Memel Territory in the Diaries of M. Römeris". In this article, we present the preliminary opinions of the judges regarding the main and essential question – whether the governor of the Memel Territory had the right to remove the chairman of the Directorate from his position.

More...

Nuteistųjų už tarptautinius nusikaltimus reabilitacija – mitas ar tikrovė? Tarptautinio baudžiamojo tribunolo buvusiai Jugoslavijai atvejo studija

Author(s): Lina Strupinskienė,Indrė Jankauskaitė-Činčė / Language(s): Lithuanian Issue: 4 (108)/2022

Of the 92 persons convicted at the International Criminal Tribunal for Former Yugoslavia (ICTY), 60 have already served their sentences and were released. Even though perpetrators’ rehabilitation and their public behaviour in post-conflict environments are essential for countering denial, establishing an authoritative version of the truth, and sustainable reconciliation, we still know little about what happens after they return to their communities. This article attempts to examine ICTY convicts’ rehabilitation by assessing the quality and the result of existing rehabilitation programs (e.g., how much the public behaviour of those released matches the expectations of the victim’s community, what their relationship is with their guilt and crimes committed). Aside from secondary sources, it draws on 23 semi-structured interviews with victims of war, representatives from victims’ associations, and human rights advocates from the region. It finds that in the context of the absence of specialized rehabilitation programs and lack of oversight of the post-conviction stage at the ICTY, the convicted perpetrators return to communities that support and enable them. Hailed by specific enthusiastic audiences back home, ICTY convicts often fulfill their expectations, closing a vicious circle that dramatically curbs the individual or collective transformative potential of their punishment regarding reckoning with the past and moving towards reconciliation.

More...

SPECIAL CONTRACTS OF INTERNATIONAL TRADE

Author(s): Elena Doina Ghica / Language(s): English Issue: 23/2018

The international trade contract represents one of the most important institutions of the international trade law, having the role of a law instrument of realizing international economical and trade changes. This domain has achieved a major importance in the dynamic relations amongst the law subjects from different states whose law instrument to present various forms of contracts of international trade. This article has in view to realize an analysis of certain international trade contracts having in view essential elements from the legislations and doctrine both internal and international

More...

THE LAW PRINCIPLES OF THE INTERNATIONAL TRADE

Author(s): Elena Doina Ghica / Language(s): English Issue: 23/2018

A principle can be presented under different forms: axioms, deductions and especially like a general aspect of experimental facts. The basic principles of the international trade are the principle of trade freedom , the principle of loyal competition, the principle of freedom of conventions and the law equality. An important role in making trade lawful for the development and the interpretation of the law trade goes to its general principles of functioning. There is a distinction amongst the general principles of law, the general principles of civil law, that connect that trade law and the special principles of the law trad

More...

Aspects of Cooperation in Detecting and combating Tax Evasion between the Anti-Fraud Department (DLAF) and the European Anti-Fraud Office (OLAF)

Author(s): Nadia-Cerasela Aniţei,Roxana-Elena Lazăr / Language(s): Romanian Issue: 1/2022

This article is dedicated to the collaboration of the Department for the Fight against Fraud (DLAF) as a national body responsible for detecting and combating tax evasion with the European Anti-Fraud Office, known as OLAF (French acronym -Office de Lutte Anti-Fraude). The paper will present: in the first point general notions about the two institutions; in the second point we will present the provisions of art. 23-art.31 of Law no. 61/2011 on the organization and functioning of the Department for the Fight against Fraud (DLAF); in the third point we will present a series of actions related to European funds: PHARE, ISPA, SAPARD, POSDRU, EAFRD from the activity reports of the Department for the Fight against Fraud (DLAF). We will take into account the following regulations when drafting the article: Law no. 61/2011 on the organization and functioning of the Department for the Fight against Fraud (DLAF), Government Decision no. 738/2011 approving the Regulation on the organization and functioning of the Department for the Fight against Fraud and other regulations to which these regulations refer, Decision no. 1999/352 of 28 April 1999 of the European Commission establishing the European Anti-Fraud Office (OLAF).

More...

Compatibility of the Provisions Relating to the Protection of Investments Contained in the Energy Charter Treaty with EU Legislation. (Case Study Komstroy LLC v. Republic of Moldova)

Author(s): Bogdan Biriș,Rodica Deaconu / Language(s): English Issue: 27/2022

On September 21, 2021, the decision of the Court of Justice of the European Union (CJEU) rendered its verdict in Komstroy v. Moldova. In this case the Court ruled that the dispute resolution mechanism provided for by the Energy Charter Treaty (TCE) [Article 26 paragraph (2) c)] cannot be applied to intra-EU disputes, as it is incompatible with European law on the matter. On the same occasion, it also found that an assignment of a claim resulting from an electricity supply contract does not constitute an "investment" within the meaning of the provisions of article 1 para. 6 and of article 26 para. 1 of the TCE.

More...

Developments in EU Case Law as regards Sanctions on Terrorism: A New LTTE Case

Author(s): Radu-Mihai Șerbănescu / Language(s): English Issue: 27/2022

This paper presents and analyses the most recent judgment of the General Court of the European Union regarding certain international sanctions imposed in Brussels to combat terrorism. It goes through the rationale used by the judges to apply the standard established in 2017 by the CJEU on the review that needs to be undertaken by the Council in maintaining existing sanctions on terrorism and attempts to draw conclusions on the novelties that this judgment will bring to the work that EU Member States have to do in upcoming reviews.

More...

Immunity as a Circumstance Excluding the Operation of the Obligation to Extradite or Prosecute. Part I: The Principle of aut Dedere aut Judicare

Author(s): Filip Andrei Lariu / Language(s): English Issue: 27/2022

The article is the first in a trilogy that analyses the interaction between immunities of state officials and the obligation to extradite or prosecute. It focuses on the principle of aut dedere aut judicare, defining its content and scope, identifying its sources and its relationship with state jurisdiction. The doctrinal and comparative legal research employed delineates the elements and components of the obligation to extradite or prosecute in order to better outline the exact mechanism in which immunities render it inoperable. The study first finds that the obligation to extradite or prosecute comprises of just one obligation in the alternative with two elements, rather than two distinct obligations. These elements are then comprehensively dissected. The different forms taken by the principle of aut dedere aut judicare in various sources are also being considered. Lastly, the article elaborates on the grounds for- and types of jurisdiction that are to be established when fulfilling the obligation to extradite or prosecute.

More...

A Reassessment of the Principle of Self-Determination in the Current International Legal Framework

Author(s): Bianca-Gabriela Neacșa / Language(s): English Issue: 27/2022

During the colonial context, self-determination has been regarded as a means for colonial people to achieve independence from their foreign oppressors. However, in recent decades, international law has linked the principle of self-determination to concepts such as democracy and good governance and has reaffirmed the need to respect the principles of sovereignty and territorial integrity of States. Consequently, there has been a complete disassociating between self-determination and secession. This article addresses this shift in the paradigm of self-determination, arguing that in the post-colonial context, self-determination should be exercised solely under its internal dimension, as a right of peoples to have a representative government and to participate freely in the decision-making process of their State. It also explores the possible emergence of a remedial right to secession as an answer to the breach of the fundamental rights the people by their State.

More...

An ISIS Tribunal – A Legitimate and Appropriate Instrument to Counter Terrorism within International Law?

Author(s): Raluca-Andreea Șolea / Language(s): English Issue: 27/2022

The aim of this research is to emphasize whether an ISIS Tribunal – an ad-hoc tribunal to prosecute ISIS fighters would be a legitimate and appropriate instrument to counter the terrorism phenomenon through international legal means, by also taking into consideration the other options of holding the ISIS perpetrators accountable for their acts, such as bringing them in front of national courts in their home countries, before the courts of Iraq and Syria or the prosecution of the ISIS offenders by the International Criminal Court. When analysing the feasibility of the creation of such a tribunal, also the set-up options will be taken into account, as well as the applicable law. Discussing the possibility of establishing a tribunal aimed to judge terrorism acts is relevant and will bring advantages to the international community since it might lead to the development of the international law regarding terrorism. Having a tribunal judging terrorism-related crimes might play a role in outlining a definition of terrorism, which is very much needed in the international law, taking into consideration the growth in amplitude and frequency of the terrorism phenomenon and the current international impasse regarding consensus on a common global concept of terrorism, in spite of almost 100 years of international efforts.

More...

TENDINȚELE INTERNAȚIONALE ALE ASIGURĂRILOR MUTUALE

Author(s): Iulia Caprian,Ionuț Lom / Language(s): Romanian Issue: 53/2023

Mutual insurance is a specific organizational form of insurance activity. The main source of its financing is the contributions of the participants to the mutual insurance companies. The basis of these insurances is an agreement among a group of natural and legal persons regarding the coverage of losses resulting from insurance cases from the account of the insurance fund. In mutual insurance, each insured person is simultaneously a member of the group of founders (or of the insurance company), combining his material resources with the resources of others who have a similar intention in relation to his own property interests. At present, once mutual insurance has developed in a large number of countries, a related global industry is being examined that has demonstrated its effectiveness in a number of specific branch areas. The purpose of this article is to reflect on the basic aspects and trends of the development of mutual insurance at the international level. The study of the topic was based on the examination of analytical reports of the institutions involved, articles by experts and scientific researchers. As a result of the investigation, the essence and characteristics of mutual insurance were determined, as were their global and regional trends, which are reflected in this article.

More...

European Legal Measures to Prevent and Combat Violence against Women and Domestic Violence

Author(s): Carmina-Elena Tolbaru / Language(s): English Issue: 16/2022

Within the social and political context which has put a mark on the scary present experienced at the level of all Europeancountries, and not only, it is absolutely necessary to define a policy against violence. This increasing awareness offeredthe necessary impulse in the fight for prevention and fight against family violence. Prevention is a key element having a determining part within this coordinated reaction in order to stop domestic violence, but such an action should also be supported by proper and efficient services, protection measures and criminal prosecution ones.

More...

EVROPSKA KONVENCIJA O LJUDSKIM PRAVIMA I DUŽNOSTI DRŽAVA I EVROPSKA KONVENCIJA I UNUTRAŠNJE PRAVO

Author(s): Momir Milojević / Language(s): Serbian Issue: 2-3/2008

Evropska konvencija o ljudskim pravima je prvi međunarodni ugovor i prva regionalna kodifikacija u toj oblasti. Konvencija sadrži kako osnovna ljudska prava i slobode tako i mehanizam nadzora od strane Evropskog suda za ljudska prava i Komiteta ministara Evropskog saveta. Iako su Konvencijom države prihvatile određene dužnosti one su zadržale veliku slobodu u zakonskom uređivanju uslova za uživanje prava i sloboda, uključujući znatna ovlašćenja u pogledu uvođenja ograničenja u opštem društvenom interesu kao i pravo da stavljaju rezerve na pojedine odredbe Konvencije i protokola u slučaju njihove nesaglasnosti sa zakonom, Uprkos tome Evropska konvencija doprinosi ujednačavanju standarda ljudskih prava. Ona je poslužila kao uzor Američkoj konvenciji o ljudskim pravima (1969) i Afričkoj povelji o ljudskim pravima i pravima naroda (1981).

More...

MEĐUNARODNA PRAVNA POMOĆ U EU U OBLASTI IZVOĐENJA DOKAZA U GRAĐANSKIM I TRGOVAČKIM STVARIMA

Author(s): Božidar Jeličić / Language(s): Serbian Issue: 2-3/2008

Council Regulation (EC) no. 1206/2001, from 28th May 2001, regulated the question of cooperation between the courts of the EU member states, in acquiring evidence in Civil and Commercial Matters. It represents the part of the effort of the member states, to organise the question of mutual international legal assistance, in a way that will correspond to the entire integration trend of the EU, on the economic, as well as the broader social and political level. Until the adoption of the Council Regulation 1206/2001, the issue of obtaining evidence between member states, in civil litigation with an international element, was regulated by the Hague Convention from 1970, regarding obtaining evidence in Civil and Commercial Matters, or on the basis of bilateral agreements. The method it entailed was complex and time-consuming, thus proving to be inadequate for the requests of the European Union as a community with a strong international dynamic. The direction, as well as the consequences of the integration trends, demanded more effective standards for the realisation of the mutual cooperation of member states in this area. The answer to this demand is the Council Regulation no. 1206/2001, which established faster and more efficient mechanisms in this segment of international legal assistance. Their efficiency is founded on the simplified and direct contact between the courts of member states; the standardization of the form of communication by adopting special forms that must be used; the employment of modern communication technologies, as well as the possibility of directly obtaining evidence on the territory of the other member state.

More...

RESERVATIONS TO THE COUNCIL OF EUROPE CONVENTIONS, FOCUSING THE RESERVATIONS TO THE 1951 EUROPEAN CONVENTION ON HUMAN RIGHTS

Author(s): Bojan Milisavljević / Language(s): English Issue: 1/2008

The purpose of this article is to provide a systematic review of reservations in the Council of Europe Conventions and especially reservations to the Convention of Human Rights and Fundamental Freedoms. In the first part of this article the author analyzes preparatory work of states on articles about reservations to the Convention of Human Rights and other European Conventions. The second part focuses the case law of the European Court of Human Rights and application of the Convention in some major cases and legal standards of the European order. A comparative and critical review of case law in the European Court of Human rights is presented together with its decisions in the light of major legal norms in the national and international laws. Finally, the author investigates the influence of regional practice in the Council of Europe and survival of this system on the universal level in the international law. The author especially points out the importance of reservations to treaties in the modern international law, particularly in the ratification process of main universal normative treaties.

More...