Suchergebnisse

Groene herfst geeft de tegenstelling aan tussen, aan de ene kant, de vooruitgang die de milieubescherming onmiskenbaar heeft geboekt en aan de andere kant de constatering dat er allerlei kwaliteiten van de aarde verloren zijn gegaan. Tellegen beschrijft hoe het hedendaagse milieubesef en het gebruik van de term 'milieu' in de huidige betekenis pas in de jaren zestig van de vorige eeuw zijn ontstaan. Hij behandelt de uitzonderlijke toename van menselijke milieubelasting in de laatste eeuwen, schetst het succes en falen van het milieubeleid en de veranderingen in het denken over milieuvraagstukk

"Finance and human rights may be an unusual combination for a book theme, considering the apparent distance between both worlds. But appearances are deceiving: human rights law does impact the financial world, albeit in an indirect way. Just think about governmental measures such as financial embargoes, the regulation of the vulture funds or the many privacy rules with which financial institutions have to cope in their daily activities. Financial institutions are also confronted with the societal changes and new priorities which drive them to undertake their business in a more human rights-compliant way. This book attempts to provide a synthesis of the growing impact of human rights law on the financial world."--Editors

The arbitration agreement constitutes the main element of private arbitration. Arbitration Convention creates essentially a double effect, a main direct negative (one to evade certain disputes under the jurisdiction of state power) and a positive one, complementary (to give judges the power to decide the dispute in question). The main effect called negative effect of the arbitration agreement (arbitration compromise clause), is to remove, to dispute subject to its jurisdiction courts that would have had in the absence of the arbitration clause jurisdiction to resolve the dispute between the parties. Once removed jurisdiction of the courts, the dispute shall be resolved by the arbitral tribunal constituted in accordance with the arbitration agreement. The arbitration agreement grants the arbitral tribunal with the power to judge a dispute, checking by its own court jurisdiction on that issue. Literature called the verification principle Kompetenz-Kompetenz. Kompetenz-Kompetenz principle empowers the arbitral court to decide on its own jurisdiction. For arbitration agreement to be effective, it must result from genuine consent of the parties, also to correspond to legal national rules. In examining objectives' arbitrability of international disputes, a court must apply its own conception of international public policy. Article 6 of the European Convention on Human Rights is applied in the same way both for litigation through the courts as well as arbitration. As a result, the European Court of Human Rights determined that the requirements of Article 6 must be applied by arbitral tribunals.

This study seeks to shed light on the prohibition of abuse of rights in Article 17 ECHR in order to contribute to a more coherent interpretation of this provision. To that aim it studies the abuse clause from different perspectives. First, it looks at the historical background of the provision to examine what motivated the drafters to include this prohibition. Then it moves on to the case law of the European Commission of Human Rights and the European Court of Human Rights and to legal doctrine, revealing the difficulties and inconsistencies in the current interpretation of the abuse clause. Next, it analyses the interpretation of prohibitions of abuse in other human rights documents to see whether parallels can be drawn with the interpretation of Article 17 ECHR. Subsequently, it addresses the concepts of "abuse of rights" and "militant democracy" and examines the extent to which they offer a framework for understanding the abuse clause. Based on the insights obtained from these different perspectives, this study puts forward a proposal as to how Article 17 ECHR can best be applied in the future

This article is based on three hypotheses. First, the legal requirements for
establishing political parties in Romania are among the most restrictive in Europe.
Second, electoral participation decreased globaly during the last two decades;
however, when a party succeeded in registering and endorsed a non-ideological
position, the electoral participation slightly increased; so, if the legal requirements
will be relaxed, new parties might emerge and a greater participation to the
elections might be taken into consideration. Third, the current legal procedure
for registering political parties contradicts the constitutional provisions on the
freedom of association and the right to be elected. In the light of this findings, the
article suggest a revision of the current legislation.