Suchergebnisse

There is a clear normative tension between the immunities of international organizations and the human rights to a court and to a remedy. Most national jurisdictions around the world have so far failed to recognize such a normative conflict and applied immunities irrespective of their consequences on individual claimants. However, following the Waite and Kennedy jurisprudence of the European Court of Human Rights, a number of European national jurisdictions have accepted the idea that applying international organizations' immunities may lead to breach the right to a court in case the claimants do not have access to an alternative remedy. This contribution focuses on the latter approach, which will be called 'alternative-remedy approach'. Drawing upon Gunther Teubner conceptualization of fundamental rights, it stresses the violence of the today's prevalent approach toward immunities, and maintains that, by refocusing the decision-making process on the situation of individual claimants, the alternative-remedy approach 'humanizes' a decision-making process otherwise blind to the fate of human beings in flesh and blood. The ambiguity of the European Court of Human Rights' jurisprudence as to the relevance of the alternative-remedy standard is also discussed, together with the consequences it had on the case-law of European national courts.

Socialistic brands are signs with unique characteristics acquired through their use in particular historical circumstances. It is considered whether, decades after the fall of the iron curtain, the shared historical pedigree justifies different treatment of these signs. The author attempts to answer the question of what would constitute as unfair appropriation of these brands and discusses the availability of legal remedies in such cases. The analysis of issues relating to socialistic brands is conducted on the basis of European and Polish law and jurisprudence. Trademark law and other fields of intellectual property law form the core of this consideration. The author additionally employs findings from branches of social sciences such as anthropology, sociology and semiotics, in order to shed light on the complex nature of the attractiveness of signs and how cultural connotations affect it.

The International Bank for Reconstruction and Development announced on April 8, 1959, a loan equivalent to $25 million to India for the Koyna hydro-electric power project inthe State of Bombay. This loan was expected to cover most of the foreign exchange requirements of the total cost of the first stage of the project, estimated at the equivalentof $118 million. It was for a term of 25 years and bore interest of 5¾ percent, including the I percent commission allocated to the Bank's Special Reserve. Amortization was to begin in May 1965.

The International Bank for Reconstruction and Development on March 1, 1958, announced a loan equivalent to $75 million to the Cassa per il Mezzogiorno, a governmental agency for industry, agriculture, and electric power development in southern Italy. The loan, in which more than twenty financial institutions in the Federal Republic of Germany, the United States, and Canada participated, was for a term of twenty years and bore interest of 5½ percent, including the 1 percent commission allocated to the Bank's Special Reserve. Amortization on the loan, which was guaranteed by the Republic of Italy, was to begin on February 15, 1961.

The International Bank for Reconstruction and Development made twelve loans to seven countries during the period under review. On June 26, 1957, it loaned an equivalent of $4.8 million to the trust territory of Ruanda-Urundi for improvement of transport. The loan, guaranteed by Belgium, was for a term of twenty years and bore interest of 5⅝ percent, including the 1 percent commission allocated to the Bank's Special Reserve. Amortization payments were to begin January 15, 1961. The Belgian-American Banking Corporation, without the Bank's guarantee, participated in the loan to the extent of $359,000.