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The European Union has developed its security competence since 1992, thus putting pressure on its Member States to provide troops for the increasing number of EU peace operations being deployed to different areas of the globe. But with national militaries being rationalized and contracted the EU will inevitably follow the lead of the US, the UK, and the UN and start to use Private Military Contractors to undertake some of the functions of peace operations. This article explores the consequences of this trend from the perspective of the accountability and responsibility of both the corporation and the institution when the employees of PMCs commit violations of human rights law and, if applicable, international humanitarian law. ; The 'Regulating Privatisation of "War": The Role of the EU in Assuring the Compliance with International Humanitarian Law and Human Rights" (PRIV-WAR) project is funded by the European Community's 7th Framework Programme under grant agreement no. 217405.

Referat wygłoszony na Międzynarodowym Sympozjum "Europejski sokół wędrowny Falco peregrinus peregrinus - jego status i przyszłość" ; P. [21]-22 ; 24 cm ; Abstract in English ; Referat wygłoszony na Międzynarodowym Sympozjum "Europejski sokół wędrowny Falco peregrinus peregrinus - jego status i przyszłość" ; S. [21]-22 ; 24 cm ; Streszcz. ang.

"America is increasingly polarized around elections, but as James R. Copland explains, the unelected control much of the government apparatus that affects our lives. Congress has largely abdicated its authority. "Independent" administrative agencies churn out thousands of new regulations a year. Courts have enabled these agencies to expand their powers beyond those authorized by law-and limited executive efforts to rein in the bureaucratic behemoth. No ordinary citizen today can know what is legal and what is not. Some 300,000 federal crimes exist, 98 percent of which were created by administrative action rather than Congressional lawmaking. The proliferation of rules and the severity of sanctions give enormous discretion to unelected enforcement agents-upending the rule of law. Private attorneys regulate vast swathes of conduct through lawsuits, based upon legal theories never voted upon by the people's elected representatives. A combination of historical accident, decisions by judges and law professors, and self-interested advocacy by the plaintiffs' bar have left the United States with the world's most-expensive litigation system. Finally, state and local officials have increasingly pursued agendas to dictate the terms of national commerce. In reaching beyond their borders, these "new antifederalists" have been subjecting the citizens of Wyoming and Mississippi to the whims of the electorates of New York and San Francisco-inverting the constitutional design. In this timely new book, Manhattan Institute legal scholar Copland discusses how unelected actors have assumed control of the American republic-and where we need to go to chart a corrective course"--

Introduction -- Defining legal culture -- The political and cultural history of International arbitration in various legal traditions -- The theories and theoreticians of international arbitration -- The evolving justifications of international arbitration -- Culture and the legal infrastructure of commercial arbitration -- Culture and the legal infrastructure of investment arbitration -- Diversity in the epistemology of judicial fact-finding in the major legal traditions of the world : indicators for conduct in international arbitration -- Fact-finding and cultural diversity in international arbitration -- The typical process for selection and challenge of arbitrators -- The mythology of specialized knowledge -- Conversations on the role of culture in international arbitration -- Summary of conclusions

The national education system implement in Indonesia in the frame of legal positive. The quality of education out put must be measured legally with giving an academic degree. The academic degree earned by fresh graduate of Sharia Business and Economic Law (Muamalah) Department changed from Doctorandus/ Doctoranda (Drs/Dra), Sarjana Agama (S.Ag.), Sarjana Hukum Islam (SHI), Sarjana Syariah (S.Sy), and Sarjana Hukum (SH). The changes of degree from SHI/S.Sy to SH is contains a meaning of legal politic. This paper focus on two problems (a) what about legal politic of the degree of SH, (b) what the degree of SH can be ideal solution for fresh gradute of Sharia Business and Economic Law (Muamalah) Department. By using normative law studies, there are two findings. First, legal politic of the degree of SH consist of (a) the politic of legal formulation, namely the formulation of degree of SH be done in top down and buttom up, (b) the politic of legal substance, empowering spirit of knowledge integration and institution, and (c) the politic of legal enactment show that there are contra-justisia and miss-undertanding under perspevtive of magister program of law management and steakholders. Second, the admissibility of fresh graduate of Sharia Business Law (Muamalah) Department to law sector should not automatically in tandem with degree of SH.

Nicht nur Politik und Gesetzgebung, sondern auch Gerichte greifen in die Spielregeln der Wirtschaft ein und definieren damit die Rahmenbedingungen der Marktakteure mit. Durch ihre Entscheidungen können sie die Erwartungen und damit das Handeln der Akteure signifikant beeinflussen und einerseits Handlungsräume eröffnen, andererseits aber auch gewohnte institutionelle settings in Frage stellen oder aufgeben. Diese Prozesse laufen auch unabhängig von Veränderungen des gesetzlichen Regelungsrahmens ab und sie sind keineswegs auf bestimmte Rechtsordnungen beschränkt. Gerichte können bestehendes Recht von tradierten Deutungen lösen und an sich ändernde ökonomische Rahmenbedingungen anpassen. Anhand dreier Fallstudien der deutschen und europäischen Zivilgerichtsbarkeit geht der Beitrag der Frage nach, wie Gerichte wirtschaftliche Erwartungs(un)sicherheit generiert und welche Methoden sie dafür genutzt haben. ; The rules of the game are not only influenced by politics and legislation, but also by the courts, which help define the framework conditions for market players. Through their decisions, they can significantly influence the expectations and thus the actions of the actors and on the one hand open up scope for action, but on the other hand also question or abandon familiar institutional settings. These processes also occur independently of changes in the legal regulatory framework and are by no means restricted to specific legal systems. Courts can detach existing law from traditional interpretations and adapt it to changing economic conditions. On the basis of three case studies of German and European civil jurisdiction, this article examines how courts generate economic expectation (in)security and which methods they have used to do so.

One goal of this article is to help EU Member States' policy-makers and citizens understand the broad-brush nature of the EU Initiative and remember that it was a call for further investigation by EU Member States. This article provides a detailed case study of the EU Initiative so that as many individuals as possible in the European Union can understand the issues at stake and participate in rigorous discussions about the justifications for, and costs and benefits of, particular lawyer regulation rules in particular countries. Although one goal of this article is to empower European stakeholders and policy-makers, it is not this article's only goal. The EU Initiative is certainly important because of the profound effect it has had and will continue to have on the regulation of the legal profession in Europe. There is an additional reason, however, why it is important. In a globalized world, regulatory changes that happen in one country are increasingly likely to be reproduced in some fashion in other countries.5 Thus, the European Union's legal profession antitrust initiatives are important because they have the potential to migrate and change the nature of the lawyer regulation debate in the United States. Other countries, including Canada, have launched similar inquiries. For this reason, it is useful for U.S. lawyers to be familiar with the EU Initiative. In my view, there is an important role to be served by a detailed case study that shows how and when the EU Initiative evolved so that U.S. lawyers can be better prepared to respond should a similar development "jump the pond" to the United States. This is particularly important in light of the EU Initiative's "tidal wave" momentum, which has been cited in OECD and EU studies and by countries such as Canada.

In Indonesia, in an effort to maintain the actualization of family law, two major efforts have been carried out. Each social structure should develop its own legal system that is appropriate The problem of the relationship between social structure and law in Indonesia is of sufficient importance to be discussed, among others, to meet quite practical needs, for example in the framework of making and implementing effective laws, especially in the application of Islamic family law. in Indonesia. The purpose of this study is to explain the problems of Islamic family law in Indonesia. The method in this study uses a qualitative method with the type of descriptive analytic research. The results of this study indicate that the Islamic legal system in Indonesia has the same and equal position as other legal systems that exist in Indonesia, namely customary law and western law. The application and enforcement of Islamic law in Indonesia can be incorporated into national law, either through positive Islamic law or through Islamic legal values that apply to all citizens. Both are influenced by political will that will shape the politics of legislation.

Indonesian is constitutionally as the state of Pancasila and not as a religious state, but the state is able to accommodate a number of religious norms in the formation of legislation. Indonesia, as the largest Muslim country in the world with a diversity of ethnic, religious and ethnic groups, has chosen the plural of legal system. This situation provides an opportunity to source a specific law affects the formation and preparation of the norms of national law. Islamic law has long been used in the community, even before the colonial period, has significant effect in certain customary law in society. This paper describes the existence of Islamic Law in the plurality of national law amidst the process of the tug of political struggle of national law in reform era. This discussion is focused on the following; first, the prospect legal institution of Islamic law in Indonesia; second, the resistance and constraint in course of legal institution of Islamic law in Indonesia. This paper was as a result of library research using legal normative status, historical, and sociological point of view.

Abstract: In the United States, state corporation law uniformly provides that only natural persons may serve as directors of corporations. Corporations, limited liability companies, and other entities otherwise recognized in the law as legal persons are prohibited from so serving. In contrast, the United Kingdom allowed legal entities to serve as directors of a company. In 2015, however, legislation came into force adopting a general prohibition of these so-called corporate directors, albeit while contemplating some exemptions. This article argues that there are legitimate reasons companies may wish to appoint corporate directors. It also argues that the transparency and accountability concerns that motivated the legislation are overstated. The requisite enhancement of transparency and accountability can be achieved without a sweeping ban. Accordingly, this article proposes that Parliament either repeal the ban or, at least, authorize liberal exemptions.

В статье подтверждается точка зрения о том, что привлечение к юридической ответственности в земельно­правовой сфере является неотъемлемой частью устанавливаемого в государстве земельного правопорядка. Введением норм об ответственности и неотвратимостью наложения взысканий должна достигаться основная цель - обеспечение рационального использования земель в Российской Федерации. Анализируются основные трудности привлечения к юридической ответственности, связанные как с противоречивостью положений нормативных актов, так и с правоприменением. Уделено внимание исследованию направлений совершенствования законодательства. ; Article confirms the view that legal responsibility in land relations is an integral part of law and order. The main goal of such responsibility is to ensure the rational use of land in the Russian Federation. This paper analyzes the main challenges of legal responsibility which relate to both the contradictory provisions of regulations and law enforcement. The author also pays attention to the ways to improve the legislation.