Suchergebnisse

State responsibility — Nature and kinds of — For taking of, or interference with, property — Algeria — Expropriation of French property — Whether contrary to ordre public — Whether contrary to Evian Agreements — The law of France.Treaties — Interpretation of — Agencies of — Courts — Government — Evian Agreements — Whether courts competent to interpret treaties — Whether competent when interpretation raises problem of international law — The law of France.Jurisdiction — In general — Territorial — Over territory in general and persons and property situated therein — Territorial limits of jurisdiction — Expropriation of alien property — Algeria — Nationalization of French property — Whether contrary to ordre public — Whether contrary to Evian Agreements — Whether nationalization decrees to be applied by French courts — Effect of nationalization decrees — Whether effecting transfer to Algerian national corporations of liabilities as well as assets — The law of France.

Fraud against the federal government can be extremely costly, as the Department of Health and Human Services estimated it made $70 billion in improper payments in 2010 under Medicare and Medicaid. Combating fraud is a similarly costly affair, and the federal government has revitalized a Civil War statute to help in the fight. Under the False Claims Act, the government pays private enforcers a bounty to file cases against defendants committing fraud. These private enforcers, typically whistleblowers, have helped the government recover over $18 billion as of 2010.Private enforcement has a long history under the common law tradition, but its role in a the modern, public enforcement state is less certain. The False Claims Act's private enforcement system, known as its qui tam provisions, specifies government review of private actions in an attempt to curtail past abuses.In the first part of this dissertation, I evaluate the role of private enforcers and their attorneys in this qui tam system. The government review process allows a standardized reference point for comparing private performance. I argue that it also provides private actors the opportunity to slack by pursuing a "filing mill" strategy. From the data available, however, I do not find law firms aggressively submitting cases under such a high volume, low effort strategy. Rather, law firms and the government appear to be cooperating as intended under the statutory design.In the second piece of this dissertation, I address the question of the optimal bounty percentage for a finder's fee in the False Claims Act. The statute current specifies a minimum 15% bounty for information leading to a successful prosecution of fraud. I consider the responsiveness of private enforcers to variation in the bounty percentage. Using variation from a 2004 change in the tax code, I find evidence that private enforcers are more willing to bring new cases valued under $440,000 given an approximate 23% increase in bounty.For the final piece of this dissertation, I consider the bounty percentage for private litigation in the qui tam process. Unlike the finder's fee bounty, I suggest that a 100% litigation bounty may be useful for both compensatory and deterrence purposes. Although a government agency concerned about compensation for fraud losses might initially be concerned about granting a 100% litigation bounty, I argue that the threat of such a litigation bounty may result in additional compensation. The Department of Justice should have the discretionary power to grant high litigation bounties.

The article is devoted to the transformation of law-making and law-enforcement practice in the conditions of consumer society. The perception of a thing as an indicator of status, unjustified overestimation of the value of intellectual rights, property stratification, changes in the trade and financial spheres pose a threat to social, consumer and environmental security. The purpose of the article is to study the actual problems of legal regulation of such new manifestations of the era of consumerism as affluence, astroturfing, planned obsolescence, brand cult, etc. The analysis of the current situation makes it possible to state the need for wider application of public law methods of human rights protection. The author offers a study of the holistic concept of legal regulation in order to achieve an balance of private, public and public interests.

The digital transformation of the public sector in Denmark has been going on steadily for almost twenty years and has changed the Danish public authorities' working processes, organization and interaction with citizens. In this article, it is briefly described how national administrative law developed as a response to comparable changes in the Danish public sector in the 1950s to the 1980s. It is assumed that this past development primarily was driven by the need to protect fundamental values embedded in the Danish legal culture. Further, it is examined whether there is any trace of a similar development related to the present digital transformation. Finally, as such a development in Danish case law can be observed, it is assessed whether a legislative reform within administrative law is likely to be initiated and adopted within the next decade.

Award date: 28 November 2014 ; Supervisor: Prof. Giorgio Monti, European University Institute ; First made available online in Open Access on 30 October 2019 ; The introduction of the instrument of Commitment Decisions (CDs) by Regulation 1/2003 initiated what has been called a trend towards 'consensual competition law'. While 'consensual' elements are no novelty – neither in public enforcement regimes in general, nor in public competition law in particular – it has only been within the last 10 years that 'consensual tools' in form of CDs became a prime instrument for public competition law enforcement. This trend reflects not only in the practice of the EU Commission (Commission) but also of National Competition Authorities (NCAs). The year of the 10th anniversary of Regulation 1/2003 (applicable since 1st of May 2004) is a good occasion to analyse the merits, dangers, and limits of this trend.

Рассмотрены проблемы организации и осуществления прокурорской деятельности в сфере защиты трудовых прав граждан. Определены правовая природа и основные составляющие этой деятельности. Раскрыта методика прокурорской деятельности на каждом отдельном направлении защиты трудовых прав граждан. Оценены перспективы защиты трудовых прав граждан средствами прокурорской деятельности в контексте реформирования законодательства о прокуратуре. ; Problems of the organization and implementation of public prosecutor's activity in the sphere of protection of the labor law of citizens are considered. The legal nature and the main components of this activity is defined. The technique of public prosecutor's activity on each separate direction of protection of the labor law of citizens reveals. Prospects of protection of the labor law of citizens by means of public prosecutor's activity in a context of reforming of the legislation on prosecutor's office are estimated.

Since Pakistan's inception, Gilgit-Baltistan, a sprawling region in Northern Pakistan, has not been granted provincial status due to its colonial association with the disputed region of Kashmir. Gilgit-Baltistan refutes its forceful integration with Kashmir, an unfortunate remnant of British divide-and-rule strategy, and demands provincial recognition and constitutional rights. Pakistan unfairly claims that it awaits the UN-sanctioned plebiscite in Kashmir to determine the region's status. However, the likelihood of a plebiscite is little to none, since the Indian government officially annexed Indian-held Kashmir in August 2019, breaching the UN resolution on the plebiscite. A region that has been at the mercy of draconian empires for centuries, is now exploited by an independent country it fought to join. Numerous self-empowerment reforms have created a façade of devolution, while the federal government holds direct control over the region's activities. China holds unconstrained access to the region, without the permission of the local government. State-sponsored sectarian violence undermines unity and stability. The people protest the region's ambiguous status that disenfranchises its tax-paying and law-abiding population. In this senior honors thesis, I argue that the government of Pakistan intends to concretize Gilgit-Baltistan's liminal status. Employing an urban definition of liminal space, I describe Gilgit-Baltistan's history of uncertainty and disillusionment, in the context of its regional neighbors claiming parts of it. I emphasize that boundary-making politics of South Asia and Pakistan's absolute control over its deprived population maintain the territorial and political ambiguity of the region. It is to be seen if Gilgit-Baltistan initiates a nation-wide revolt against the colonial-like rule of Pakistan and has its valid demands for long-awaited recognition met.

<p>O presente trabalho objetiva analisar a atuação, legalidade e eficiência das organizações sociais. Uma vez que, esta tem sido motivo de intensos questionamentos, por parte daqueles que não enxergam benefícios na criação de um terceiro setor econômico. Há quem defenda que, é dever exclusivo do poder público, executar e fiscalizar os serviços sociais. A contrário senso há quem defenda uma publicização dos serviços que não são executados apenas pelo poder estatal, mas também pelo setor privado. Sendo assim, porque contrariar uma parceria publico-privada que só objetiva trazer benefícios para a população brasileira?</p><p>No decorrer deste estudo, será respondido tal questionamento, por meio de reflexões acerca das discussões e alegações de inconstitucionalidade da lei 9.637/98, de parte da lei de licitações ─ 8.666/93. Bem como, da suposta violação dos seguintes preceitos constitucionais: artigo 5ª, XVII e XVIII; artigo 22, XXVII; artigo 23; artigo 37, II, X e XXI; artigo 40, caput e § 4º; artigos 70, 71 e 74; artigo 129; artigo 169; artigo 175; artigo 196; artigo 197; artigo 199, § 1º; artigo 205; artigo 206; artigo 208; artigo 209; artigo 215; artigo 216, § 1º; artigo 218 e artigo 225. Onde será comprovado por meio de dados percentuais a eficiência e os benefícios advindos da sua criação.</p><p> </p><p> </p><p> </p><p>This paper aims to analyze the performance, legality and efficiency of social organizations. Since this has been the subject of intense questions from those who do not see benefits in the creation of a third economic sector. There are those who argue that it is the exclusive responsibility of the public authorities to execute and supervise social services. On the contrary, there are those who advocate an advertisement of services that are not only carried out by state power, but also by the private sector. So, why oppose a public-private partnership that only aims to bring benefits to the Brazilian population?</p><p>In the course of this study, this question will be answered, through reflections on the discussions and allegations of unconstitutionality of Law 9.637 / 98, part of the law of bidding - 8.666 / 93. As well as the alleged violation of the following constitutional precepts: Article 5, XVII and XVIII; article 22, XXVII; Article 23; Article 37, II, X and XXI; article 40, caput and paragraph 4; Articles 70, 71 and 74; article 129; Article 169; article 175; Article 196; article 197; article 199, paragraph 1; Article 205; Article 206; article 208; Article 209; Article 215; article 216, paragraph 1; article 218 and article 225. Where will be proven by means of percentage data the efficiency and the benefits coming from its creation.mptions that justify the use of them with greater efficiency in the achievement of the public interest.</p>

"This book expands our understanding of a growing, yet largely unstudied phenomenon: the flow of children across borders through intercountry adoption. What explains the spread of intercountry adoption through the international system over time? McBride investigates the interconnected networks of states, individuals, and adoption agencies that have collaborated to develop the practice of intercountry adoption we see today. This book tells the story of how adoption agencies mediate between individuals and states in two ways: first by teaching states about intercountry adoption as a policy, and second by helping states implement intercountry adoption as a practice. McBride argues that this process of states learning about intercountry adoption from adoption agencies has facilitated the global development of the practice in the past seventy years"--

Modern environmental regulation and its complex intersection with international law has led many jurisdictions to develop environmental courts or tribunals. Strikingly, the list of jurisdictions that have chosen to do this include numerous developing countries, including Bangladesh, Kenya and Malawi. Indeed, it seems that developing nations have taken the task of capacity-building in environmental law more seriously than many developed nations. Environmental Justice in India explores the genesis, operation and effectiveness of the Indian National Green Tribunal (NGT). The book has four key objectives. First, to examine the importance of access to justice in environmental matters promoting sustainability and good governance Second, to provide an analytical and critical account of the judicial structures that offer access to environmental justice in India. Third, to analyse the establishment, working practice and effectiveness of the NGT in advancing a distinctively Indian green jurisprudence. Finally, to present and review the success and external challenges faced and overcome by the NGT resulting in growing usage and public respect for the NGT's commitment to environmental protection and the welfare of the most affected people. Providing an informative analysis of a growing judicial development in India, this book will be of great interest to students and scholars of environmental justice, environmental law, development studies and sustainable development.

"This volume examines the lives of twenty-one central figures in Polish law with a focus on how their Christian faith was a factor in molding the evolution of law in their country and the region. The individuals selected for study exhibit wide-ranging areas of expertise, from private law and codification, through national public law and constitutional law, to international developments that left their mark on Poland and the world. The chapters discuss the jurists within their historical, intellectual, and political context"--

This volume brings together a fascinating collection of essays on air law, approached from national, European and international perspectives. These perspectives often interact, always interestingly, but not necessarily harmoniously, a theme which forms a Leitmotiv in the writings, reports and pleadings of John Balfour, to whom the volume is dedicated. Written by a diverse group of experts in the field of air law, the collection is divided into three parts: Public Air Law, EU Air Law and Private Air Law

The goal of this book is to minimize the misunderstandings and conflicts between International law and Islamic law. The objective is to bring peace into justice and justice into peace for the prevention of violations of human rights law, humanitarian law, international criminal law, and impunity. Readership: This book offers a peaceful resolution into international justice for researchers, students, practicing lawyers, military personnel, governmental officials, diplomats, judges, and prosecutors. It constitutes a prized addition to university and public library.