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The article highlights norms and provisions of international legal documents within such international organization as the League of Nations, the United Nations Organization, the Organization for Security and Co-operation in Europe, the Council of Europe, the Organization of American States and the Organization of African Unity (African Union) in terms of means and procedures for the peaceful settlement of disputes. Conventions, declarations, resolutions, protocols, statutes, charters, treaties and other acts can be found among these international legal documents from all continents all over the world. In the process of studying the international legal acts, there are analysed provisions stipulating the use of means and procedures for the peaceful settlement of international disputes. There are also described characteristic features of applying these tools and mechanisms. Besides, it is conducted an analysis of their peculiarities and perspectives for use in practice. Despite a wide range of instruments and mechanisms available for the peaceful settlement of disputes, number of conflicts all over the world is increasing. It may say about their ineffectiveness or about a necessity to develop new concepts, new ideas, new approaches to understanding of conflict and ways of its solution. All peaceful instruments include application of negotiations. Along with that, negotiations as a method to resolve a dispute are not fully discovered and updated. There are no strict and generally recognised rules of conducting negotiations, what participants of negotiations should comply with and what is allowed or not allowed to do while convincing. Researchers of the peaceful settlement of disputes agree on effectiveness and reasonableness of engaging the third, neutral party for dispute resolution. It can be an objective remedy in terms of impartiality and fairness. One more aspect which is taken into account more and more often is prevention. That is to take corresponding measures in advance. When the situation is at the ...
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In: Bibliothek des Wirtschaftsrechts 1
In: Springer eBook Collection
Grundlagen des Immaterialgüterrechts: Das italienische, europäische und internationale Markenrecht und Markenprozessrecht von Christoph Perathoner -- Introduzione al diritto brevettuale italiano von Niccolò Ferretti und Alessandro Zito -- Introduzione al design in Italia: uno sguardo d'insieme von Niccolò Ferretti und Alessandro Zito -- Die Grundzüge des Designrechts in Deutschland von Philipp Steichele -- Aktuelle Rechtsprechung zum österreichischen und europäischen Urheberrecht von Manfred Büchele -- Die geographischen Angaben im CETA-Abkommen: Keine neuen Schläuche für alten Wein von Georg Miribung -- Schwerpunkt: Schadensersatz wegen Verletzung von Immaterialgüterrechten: Der europäische Deliktsgerichtsstand und die gewerblichen Schutzrechte - Art. 7 Nr. 2 Brüssel Ia-VO im Lichte der aktuellen Rechtsprechung von Peter Kindler -- Das Schutzlandprinzip als Grundlage für die Behandlung von grenzüberschreitenden Schadensersatzansprüchen aus der Verletzung geistigen Eigentums von Simon Laimer -- Schadensersatz und Gewinnherausgabe bei Immaterialgüterrechtsverletzungen nach italienischem Recht von Gregor Christandl -- Weiterführende Fragen und Ausblick: I profili costituzionali della tutela dei diritti sui beni immateriali von Carola Pagliarin -- Immaterialgüter und europäisches Wettbewerbsrecht von Thomas Müller.-Der strafrechtliche Schutz vor industrieller Produktpiraterie im Lichte nationaler, europäischer und internationaler Vorgaben von Lukas Staffler -- Ausblick auf die zukünftige Entwicklung des Internationalen Immaterialgüterrechts in der Europäischen Union von Andreas Schwartze.
At head of title: 1911- Institut international d'agriculture; Organisation des nations unies pour l'alimentation et l'agriculture. ; Mode of access: Internet.
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The aim of the research is to analyze the role of the consumer in a detailed way. Firstly I defined the concepts of "consumption" and "consumer", giving relief to the socio-economic theories that have characterized the subject during recent years,and taking in consideration the process of consumption and the behavioral and decisional theories proper of the consumer. Moreover, I have deeply analyzed the consumer under the juridical aspect, from the mere legal recognition to the trial and the efforts sustained by the European Legislator during the last years with the purpose of creating a system of common rules with the final goal of guaranteeing a high-level of protection to the consumer in international contracts and assuring the correct operation of the Single Internal Market founding the discipline on a competitive model. Great relief is given to the "Rome I Regulation" on the choice of the law aplicable to contracts and to the "Bruxelles Convention" on the competent court.
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The nature of cooperation regularly changes under pressure from new calls and threats between the actors of international relations. By means of system analysis and comparison methods, the article discloses the basic theoretical approaches to understanding of the "new world order" phenomenon, which as a result turns into a comprehensive globalization. The article summarizes the modern trends of forming the XXI century international reality, taking into account new actors, their influence on stability and variability of the imperious systems, and analyzes in detail the concepts of modern scientists who form an international discourse on the search for a new paradigm of world order. The study identifies the main characteristics of the world order – legitimacy, the mechanism of change and balance of power. The key shortcomings of the post-war world order have been identified, which include the lack of effectiveness of international organizations at various levels in ensuring the principle of sovereignty for states, respect for borders; imbalance of economic growth between nations; lack of effective sanctions against violators of international law and ensuring the universal rights of citizens; discredited democratic political model, which was recognized as dominant in the post-bipolar era, and so on. Accordingly, there were considered modern approaches to a "new world order" formation, as a result of which it was proposed to take into account the new realities of interdependence that determine the future peaceful coexistence of nations – a balance between freedom of national actors action and international law; balance between legitimacy and power; balance between "regional order" and "international". In general, the international discourse on the search for the "new world order" boundaries is common in the construction of the XXI century multipolar world, the importance of consensus between nations and the legitimacy of new rules for all actors in international relations.
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The paper deals with the analysis of the legal nature of international courts' decisions and their impact on the international financial legal order. The author claims that decisions of international courts, creating no new international legal financial norms, act as an additional source of international financial law, having no autonomy, and in combination with other sources of international law, performs the following functions: 1) regulatory-prescriptive (via opinio juris of existing traditions in interstate practice in the financial sphere transforming them into international customary law); 2) regulatory-affirming (confirming the legal nature of the international agreement between the subjects of international financial legal relations which caused a disputable situation). The judicial practice on financial issues and specificity of functioning of such judicial institutions as the Permanent Court of International Justice, the International Court of Justice, the CIS Economic Court, the Court of Justice of the European Union, the Court of Justice of the Central African Economic and Monetary Community, etc. are examined. The features of the provisions of international agreements on financial issues regarding the procedure for resolving disputes between the parties of the agreement about its implementation are analyzed. The paper explores particularities of the origin and development of the idea of the creation of an international financial court. Amid modern processes of the rapid growth of the amount of crossborder financial flows in the context of globalization, which is the consequence of the implementation of numerous international financial agreements, the idea of creation of an international financial court, which was first suggested in 1935, due to the complexity of legal nature of interstate financial disputes, is an objective necessity. The following features intrinsic to decisions of international courts (including decisions on financial issues) have been identified: 1) locality (binding only on the ...
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In the paper, the nature of official development assistance (ODA) viewed as a component of general international aid is considered, and mechanisms for providing aid in the context of international promotion of sustainable development are described. Also, the current world trends of providing official development assistance are highlighted, and constantly increasing amount of aid is determined. The latter demonstrates that the donor countries ensure the compliance with their international obligations related to the provision of concessional financing, and technical assistance to support the efforts that are being made by countries in the field of development.The dynamics in the amount of official development assistance is analyzed, and distribution of aid by sources of financing, regions, recipients and sectors is outlined. It is found that the largest flows of ODA go mainly to countries in Africa and Asia, and the smallest go to Europe, primarily to the education and healthcare sector, social infrastructure and economic development.It is pointed out that in Ukraine, one of the largest recipient countries of ODA in Europe, there is no holistic mechanism for analyzing the receipt, distribution and control of official development assistance viewed as an instrument of general international aid.The main challenges of mobilizing foreign assistance to Ukraine are outlined and key steps in addressing these matters are proposed. In order to promote efficient use of aid offered by foreign donors in the form of international assistance for the implementation of development programs in Ukraine, the following steps should be taken: to develop a public strategy for using international aid and a system of control for monitoring over international projects; to design a sound mechanism for analyzing the receipt, distribution and control of foreign assistance; to enhance staff performance in development, support and management of international projects in accordance with the requirements of providers of international aid; to establish a single coordinating body responsible for mobilizing international assistance.Taking these steps will increase the efficiency of using aid offered by foreign donors in the form of international assistance for the implementation of development programs and provide an opportunity to pursue sustainable development goals in Ukraine.
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