Suchergebnisse

In this article we try to come back to reflections circulating through the group that is part of the University Extension Programme "The Right to have Rights" (UNLP). For these days, we are asking us about the possibilities for action by popular organisations to advance the fight for the law of the city. That question inevitably leads us to adopt a broad definition of that concept and put it in context or, rather, to place it in different contexts, namely: the theoretical discussion on human rights and the definition of the right to the city itself; reflections on the ways in which these rights are required, as opportunities in popular struggles, and how to exercise them; and the context of analysing the forms of production and ownership of the city today and historically, in order to enrich possible ways of fighting. We start this article by looking at how metropolitan urban area1 in our country, which has been released to market forces, has been built up, and we wonder whether the recovery of the economy that Argentina has experienced since the exit from convertibility has led to more and better possibilities of access to the city. We look at the mechanisms of collective production and differential ownership of the city, to see whether this has contributed some further elements to the understanding of the problem and the content of the popular demands. In the process of giving consensual content to the concept of the law of the City, we have found ourselves in discussions about the potential of fighting by means of requiring compliance with the obligations assumed by the State following the signing of international agreements and their inclusion in the National Constitution. We believe that something can be taken forward in this direction, provided that not all hopes are met there alone: the city's production and ownership is in line with the logic of the capital and attempts to enforce rights will never go beyond it if there is no impact on it. The debate on the law of the city necessarily involves rethinking ...

Activities of the Study Days on "Implementation of the département in Mayotte", Colloquium of the General Council of Mayotte and the Institute of Overseas Law, Mamoudzou, 9-11 December 2009 ; International audience ; Activities of the Study Days on "Implementation of the département in Mayotte", Colloquium of the General Council of Mayotte and the Institute of Overseas Law, Mamoudzou, 9-11 December 2009 ; Actes des journées d'étude sur le thème « La mise en oeuvre de la départementalisation à Mayotte », colloque du Conseil général de Mayotte et de l'Institut de droit d'outre-mer, Mamoudzou, 9-11 décembre 2009

The article is devoted to the study of the law-terminating properties of legal facts, that is, the possibility to lead to an effect in the form of termination of rights, obligations or legal relations. The author considers all forms of actions and events from the point of view of this property and formulates proposals on the legislative fixation of the legal property in the normative legal acts of Ukraine. In the article, each form of actions and events is considered for the possibility of performing the right-term function. The peculiarities of lawful and unlawful actions, which have a legal termination character, are defined. The results of the scientific research conducted in the article are the basis for further improvement of views on the properties of legal facts in civil law. ; Статья посвящена исследованию правопрекращающего свойства юридических фактов, то есть возможности привести к последствию в виде прекращения прав, обязанностей или правоотношений. Автор рассматривает все формы действий и событий с точки зрения этого свойства и формулирует предложения по поводу законодательной фиксации правопрекращающего свойства в нормативно-правовых актах Украины. В статье каждая форма действий и событий рассмотрена на предмет возможности исполнения правопрекращающей функции. Определены особенности правомерных и неправомерных действий, которые имеют правопрекращающий характер. Результаты научного исследования, проведенного в статье, являются почвой для дальнейшего усовершенствования взглядов на свойства юридических фактов в гражданском праве. ; The article is devoted to the study of the law-terminating properties of legal facts, that is, the possibility to lead to an effect in the form of termination of rights, obligations or legal relations. The author considers all forms of actions and events from the point of view of this property and formulates proposals on the legislative fixation of the legal property in the normative legal acts of Ukraine. In the article, each form of actions and events is considered for the ...

19758 19774 19 20 ; Senia ; This paper was published in OPTICS EXPRESS and is made available as an electronic reprint with the permission of OSA. The paper can be found at the following URL on the OSA website: http://dx.doi.org/10.1364/OE.19.019758. Systematic or multiple reproduction or distribution to multiple locations via electronic or other means is prohibited and is subject to penalties under law The concept of filtered Microwave Photonic Links is proposed in order to provide the most general and versatile description of complex analog photonic systems. We develop a field propagation model where a global optical filter, characterized by its optical transfer function, embraces all the intermediate optical components in a linear link. We assume a non-monochromatic light source characterized by an arbitrary spectral distribution which has a finite linewidth spectrum and consider both intensity modulation and phase modulation with balanced and single detection. Expressions leading to the computation of the main figures of merit concerning the link gain, noise and intermodulation distortion are provided which, to our knowledge, are not available in the literature. The usefulness of this derivation resides in the capability to directly provide performance criteria results for complex links just by substituting in the overall closed-form formulas the numerical or measured optical transfer function characterizing the link. This theory is presented thus as a potential tool for a wide range of relevant microwave photonic application cases which is extendable to multiport radio over fiber systems. © 2011 Optical Society of America. The authors wish to acknowledge the financial support given by the Research Excellency Award Program GVA PROMETEO 2008/092. Gasulla Mestre, I.; Capmany Francoy, J. (2011). Analytical model and figures of merit for filtered Microwave photonic links. Optics Express. 19(20):19758-19774. doi:10.1364/OE.19.019758

This project is a historical study of the process of generalising the judicial investigation in the Duchy of Burgundy during the 14th and 18th centuries. On the basis of an analysis of the acts of practice and of ducal and papal documentation, it will be studied how secular and ecclesiastical legal courses have adapted to legal and procedural changes and innovations from the 18th century onwards, especially in the 18th century. This research is based on two perspectives, which should not be considered separately. These are, on the one hand, an analysis of the proceedings and their links with the law and, on the other hand, the reports of judicial investigations with the construction of ducal power during that period. ; Ce projet est une étude historique du processus de généralisation de l'enquête judiciaire dans le duché de Bourgogne pendant les xiie et xiiie siècles. À partir de l'analyse des actes de la pratique et de la documentation ducale et papale, on étudiera comment les cours juridiques laïques et ecclésiastiques se sont adaptées aux transformations et innovations juridiques et procédurales à partir du xiie siècle, et surtout au xiiie siècle. Cette recherche s'articule autour de deux perspectives, que l'on ne doit pas considérer séparément. Il s'agit, d'une part, de l'analyse des procédures et leurs liens avec le droit savant, et, d'autre part, des rapports des enquêtes judiciaires avec la construction du pouvoir ducal pendant cette période.

The text explores the relationship between public space, methods of security control and democracy, establishing the direct link between these relations and the issue of space justice. In doing so, he relies very briefly on contemporary examples of the occupation of urban public spaces by contemporary movements. ; International audience ; The text explores the relationship between public space, methods of security control and democracy, establishing the direct link between these relations and the issue of space justice. In doing so, he relies very briefly on contemporary examples of the occupation of urban public spaces by contemporary movements. ; Le texte explore la relation entre espace public, méthodes de contrôle sécuritaire et démocratie, établissant le lien direct entre ces relations et la question de la justice spatiale. Pour ce faire il s'appuie très brièvement sur les exemples contemporains d'occupation des espaces publics urbains par des mouvements contestataires.

Rather than evolving as a platform for renegotiation and debt discharge, as in France, English bankruptcy law emerged as a liquidation-only institution after majority arrangements among creditors were prohibited, in 1621. However, after 1705, good faith debtors could be offered a discharge, i.e. a form of limited liability. Later, private practices also developed into a little-known body of consistent, court-enforced, "quasi-bankruptcy rules" based however on voluntary adhesion. A key element was the convergence between the old, Law Merchant "composition agreement" and the English trust, to which creditors could jointly convey assets. By the 1780s, therefore, merchants were offered rigidity under the statutes or large, though voluntary negotiability in their shadow. Conversely, the French traders' courts consistently helped the merchants overcome undue defaults, i.e. market failures. But majority vote limited the capacity to restructure rights and to design arrangements that may have better preserved their collective interest over time.

International audience The derivation of thresholds for lethal effects for inhaled chemicals is a key issue in accidental risk management because they largely determine the outcome of land use planning, among which localization of habitations in the vicinity of a factory. This derivation is generally performed on the basis of rodent lethality data analyzed by statistical models able to extrapolate effects for different times and concentrations of exposure. A model commonly used in France is the standard probit model. In this model, effects is related to exposure concentration and duration according to the Haber's law and considers that individual thresholds, corresponding to the maximum tolerated effects before dying, are log-normally distributed among the population. This approach has been criticized for its lack of biological parameters and its inability to treat data characterized by only one time of exposure. In order to improve the current state of modeling, we proposed three alternative models. Two of them (DEBtox and Haber-TKTD models) incorporate the kinetics of the chemicals. The third one (Loguniform model) is a linearization of the standard probit model. We evaluated their performance by analyzing real data and simulated data generated with each model. For data characterized by several times of exposure, the standard probit model outperformed all other models in terms of goodness of fits and estimation of parameters. For data characterized by only one time of exposure, only DEBtox model was able to fit the data and estimate parameters, provided we dispose of several observation times, typically just after exposure and a long period afterwards.

The International Court of Justice as the main judicial body of the United Nations has had several occasions to rule on human rights aspects. It did so in an advisory manner, but also in legal proceedings. Thus, in its numerous decisions, it had the opportunity to point out that respect for human rights is an international obligation binding on all States. In the context of the Court's interventions in the field of human rights, a number of assessments can be made as to their impact both on States, on international organisations and institutions or on the international community in general. Therefore, what assessment can we make of the role of the International Court of Justice in protecting human rights? I shall therefore first reflect on the effectiveness of its action in the light of international law and then consider the limits of its intervention in the field of human rights. ; International audience ; The International Court of Justice as the main judicial body of the United Nations has had several occasions to rule on human rights aspects. It did so in an advisory manner, but also in legal proceedings. Thus, in its numerous decisions, it had the opportunity to point out that respect for human rights is an international obligation binding on all States. In the context of the Court's interventions in the field of human rights, a number of assessments can be made as to their impact both on States, on international organisations and institutions or on the international community in general. Therefore, what assessment can we make of the role of the International Court of Justice in protecting human rights? I shall therefore first reflect on the effectiveness of its action in the light of international law and then consider the limits of its intervention in the field of human rights. ; La Cour internationale de justice en qualité d'organe judiciaire principal des Nations Unies a eu l'occasion à plusieurs reprises de se prononcer sur des aspects touchant aux droits de l'homme. Elle l'a fait par voie ...

Judges, all judges — national and European, ordinary and constitutional — shape countries' daily relations with integration through the economy (European Union) and human rights (European Convention). They are those who, on a daily basis, in the fringes of the legal systems, must succeed in keeping the Cape Town of coherence. Consistency of their competences as defined by their reference system; consistency of their case-law, which can no longer ignore those of other courts. The judges show quite well in the end — with variations in time specific to each judicial culture — that the dual European commitment of States (1) is not a challenge, let alone a renunciation of their traditional office, it is merely a new formulation of the latter. (2) ; International audience ; Judges, all judges — national and European, ordinary and constitutional — shape countries' daily relations with integration through the economy (European Union) and human rights (European Convention). They are those who, on a daily basis, in the fringes of the legal systems, must succeed in keeping the Cape Town of coherence. Consistency of their competences as defined by their reference system; consistency of their case-law, which can no longer ignore those of other courts. The judges show quite well in the end — with variations in time specific to each judicial culture — that the dual European commitment of States (1) is not a challenge, let alone a renunciation of their traditional office, it is merely a new formulation of the latter. (2) ; Les juges, tous les juges — nationaux et européens, ordinaires et constitutionnels — façonnent jour après jour les relations des États à l'intégration par l'économie (Union européenne) et par les droits de l'homme (Convention européenne). Ils sont ceux qui, au quotidien, dans l'enlacement des ordres juridiques, doivent arriver à garder le Cap de la cohérence. Cohérence de leurs compétences telles que définies par leur système de référence ; cohérence de leurs jurisprudences qui ne peut (plus) ignorer celles ...

International audience Relationships between international, EU, domestic law \textendash Different legal orders \textendash Different jurisdictions \textendash Validity, rank, effects of international law in EU legal order \textendash Kadi \textendash Court of First Instance in Kadi \textendash Advocate-General in Kadi \textendash European Court of Justice in Kadi \textendash Pluralism concept of AG Maduro \textendash European legal pluralism reconsidered

After reporting on conflict prevention procedures, this chronology continues to present the measures taken to implement the Law of 21 August 2007 on social dialogue and continuity of public service in land and regular passenger transport. It should be borne in mind that, with a view to a possible collective conflict and, more broadly, to a foreseeable disruption of traffic, the law requires the transport organising authorities (AOT) to determine the priority services to be provided and the levels of service implemented according to the scale of the disruption (Article 4 (I)). On the basis of these indications, transport undertakings must in turn draw up an adapted transport plan and an information plan for users (Article 4 II). These two documents are then submitted for approval by the AOT (Article 4 II) and then incorporated — before 1 January 2008 — into the operating agreements concluded between those authorities and the transport undertakings (Article 4 III). As transport undertakings may be prevented from fulfilling their obligations by any failure on the part of the AOT, the law authorises the prefects to take the place of the latter in order to determine the priority services and approve the appropriate transport plans (Article 4 IV). The drawing up of these various documents is at the heart of the achievement of the objective of continuity of public service laid down by law. It is by determining the priority services and service levels provided in the event of a strike that the 'minimum level of service' laid down by law can be ensured. ; Après avoir rendu compte des procédures de prévention des conflits, la présente chronique poursuit la présentation des mesures prises pour la mise en œuvre de la loi du 21 août 2007 sur le dialogue social et la continuité du service public dans les transports terrestres et réguliers de voyageurs. Rappelons que, dans la perspective d'un éventuel conflit collectif, et plus largement encore d'une perturbation prévisible du trafic, la loi impose aux autorités organisatrices ...

a manifesto in favour of the French language as the single legal language of Europe was launched in 2004 by Académicien Maurice Druon. We will start from this text to raise the challenges of the linguistic standardisation of European law and to build an alternative: the adoption of the paradigm of 'misunderstanding' (languages and traditions) for the European legal construction. ; International audience In 2004, a manifesto in favor of french language as unique legal language for the European Union was launched by Maurice Druon, french Academician. We will start from this text to set the stakes of language standardisation in european law and to build an alternative : the adoption of « cross-breeding » (of languages and traditions) as a paradigm for european legal construction. ; a manifesto in favour of the French language as the single legal language of Europe was launched in 2004 by Académicien Maurice Druon. We will start from this text to raise the challenges of the linguistic standardisation of European law and to build an alternative: the adoption of the paradigm of 'misunderstanding' (languages and traditions) for the European legal construction. ; Un manifeste en faveur de la langue française comme langue juridique unique de l'Europe a été lancé en 2004 par l'Académicien Maurice Druon. Nous partirons de ce texte pour poser les enjeux de l'uniformisation linguistique du droit européen et construire une alternative : l'adoption du paradigme du « métissage » (des langues et des traditions) pour la construction juridique européenne.

This article provides a portrait of Catholic law professors, with poorly known contours and activities, whether they belong to free faculties or state faculties. Noting the lack of regular relations between these two circles, he stressed the importance of Catholic culture in building their respective scientific position in Belle France. It also shows the importance of this network not only in the development of religious law but also in the emergence of a Scientific School. ; This paper portrays the group, whose limits and activities remain poorly known, of the catholic professors of Law in public or in private faculties. The study reveals the absence of regular relations between these two environments but emphasizes the part played by the catholic culture in the construction of theses jurists' scientific stance in late nineteenth-century France. It shows also how this network of scholars contributed significantly to the development of Cult Law as well as to the rise of a Scientific School. ; This article provides a portrait of Catholic law professors, with poorly known contours and activities, whether they belong to free faculties or state faculties. Noting the lack of regular relations between these two circles, he stressed the importance of Catholic culture in building their respective scientific position in Belle France. It also shows the importance of this network not only in the development of religious law but also in the emergence of a Scientific School. ; Cet article dresse le portrait du groupe, aux contours et aux activités mal connus, des professeurs de droit catholiques, qu'ils appartiennent aux facultés libres ou aux facultés d'État. Constatant l'absence de relations régulières entre ces deux milieux, il souligne l'importance de la culture catholique dans la construction de leur position scientifique respective dans la France de la Belle époque. Il montre également l'importance de ce réseau non seulement dans le développement du droit des cultes mais également dans l'émergence d'une École ...

The aim of this research was to update the political, legal and social conditions for the organisation of general social security litigation. It was a question of showing how and why, when the French social security plan was put in place, the social security dispute was placed within the judicial system even though it could have been placed within the administrative system. The lack of access to a significant part of the sources initially envisaged has forced us to limit our ambitions: the administrative records still remain undiscovered. However, the work carried out shows how the original position of the social security organisation, made up of private-law bodies managing a public service, has led to the setting up of an original litigation organisation. Situated in principle in the judicial organisation (specific to private law), but relying on elements of administrative judicial organisation (specific to public law), its originality made it even questionable for some purposes and led to consideration being given to a third route, the creation of a social judicial order, neither judicial nor administrative. The work carried out also shows how the place thus assigned to social security disputes has subsequently evolved, significantly strengthening its judicial character, to the point of largely removing the specific features of a dispute which must control the operation of a public service. It also shows, in trouble, how the inclusion of this litigation in the judicial system led to privatist lawyers becoming specialists in social security, thus strengthening the anchoring of social security in private law. This report is presented in three parts. The first looks at the issues of sources and in particular the difficulties in accessing the administrative archives. The second attempts to produce an analysis of the choices made in 1945-1946, on the basis of the political, legal and social conditions which led to the establishment of the organisation of general social security litigation. The third, which is ...