This paper presents theoretical and practical issues of consumer rights protection in international and municipal law. Study of international civil aspects of origin and development of consumer protection institute revealed that consumer problems are global. Kazakhstan successfully employs experience of developed countries in the sphere of legal regulation of consumer rights. Study of national peculiarities of consumer protection development in Kazakhstan allowed revealing actual directions for the development of Kazakhstan consumer rights protection. ; peer-reviewed
The analysis of the relationship between law and policy is based on current legal theories, which build their models on the basis of the interaction of these two phenomena as in the process of state formation, so in the management of the state and the civil society. Legal theories correlate with the constitutional process in Ukraine, which gives reason to speak about the growing of the influence of political mechanisms on national legislation, the state, society and citizens' justice. This raises the question of the relation of the archetypes of legal culture with the direct political and legal experience of the nation-state, which over time is crystallized into theoretical doctrines and the corresponding political and legal practice of their implementation. Legal theories, as well as the positions of national scholars regarding the law and politics, also did not go beyond the definitions of the influence of national factors on the interaction of law and policy. The autonomous model (legal positivism), the insertion model (natural law theory), and the intersection model (American and Scandinavian legal realism) always had a common field from which different (in our case Ukrainian) national systems of law development ware sprouted. In this field law and politics are two (to a greater or lesser extent) different phenomena that interact with one another (with lesser or greater frequency) in the light of national interests and what the social sciences call the «spirit of the nation». In a transitional period, the positioning of the law in Ukraine is too closely linked to the political realities and interests of the political elites, which in most cases are still very far from the generally accepted principles of law. This is also the case today, in particular during the discussion and adoption of the bills on amendments to the Constitution of Ukraine proposed by the President in August 2019. It is clear that the issues of interaction of the law (law) and politics in Ukrainian realities are at the stage of their ...
The purpose of this study is to examine municipal involvement in international relations in the United States. This municipal phenomenon is occurring concurrently with both a shift away from the traditional nation-centric structure of international relations under the influence of globalism as well as a sharp decline in intergovernmental aid. The research questions were: (1) What are the indicators that define municipal involvement in international relations? and (2) What is the extent of that involvement? Extensive qualitative and research was conducted in the form of an exploratory literature survey which was set forth in narrative analysis to overcome the paucity of specific research in this area. The qualitative research developed 121 indicators of municipal international involvement. The 121 indicators were analytically grouped into economic, technological, sociocultural, political, and intergovernmental relations indicator groups. The qualitative research concluded that municipal involvement in international relations was a spreading phenomenon and that many American municipalities are substantially involved in international activities. In support of the qualitative results, 32 of the 121 indicators were validated through analysis of an independent random sample quantitative cross-sectional survey of American municipalities. The survey indicated substantial but varied involvement in international activities by municipalities. Exploratory quantitative analysis indicated that 12 of the 34 indicator variables, split between the economic, sociocultural, and political constructs, contributed significantly to municipal strength as an indicator of municipal international involvement. Exploratory quantitative analysis also indicated that the 32 indicators grouped into three composite constructs; i.e., economic, sociocultural, and political activities. Analysis of the composite constructs determined that only sociocultural activities made a significant contribution to municipal strength as an indicator of the degree of international involvement. The results of this study indicated that many municipalities in the United States are involved in international relations and assisted in the definition of variables indicating the nature and extent of that involvement. Many avenues of future research are warranted.
Monism and dualism represent two different approaches towards the relationship between public international law and municipal law. While the former views public international law and municipal law as a single legal system, the latter regards these two areas of law as separate and distinct legal systems that exist alongside each other. However, not all legal systems are clearly either monist or dualist. The dichotomy between monism and dualism no longer only concerns the relationship between public international law and municipal law, but also increasingly affects the relationship between public international law and regional law. This contribution discusses the application of the monist and dualist approaches by the South African Constitutional Court in the Glenister case and the European Court of Justice in the Kadi and Hungary cases in order to illustrate the practical application of the dichotomy between monism and dualism in a municipal system and on a regional level.
Monism and dualism represent two different approaches towards the relationship between public international law and municipal law. While the former views public international law and municipal law as a single legal system, the latter regards these two areas of law as separate and distinct legal systems that exist alongside each other. However, not all legal systems are clearly either monist or dualist. The dichotomy between monism and dualism no longer only concerns the relationship between public international law and municipal law, but also increasingly affects the relationship between public international law and regional law. This contribution discusses the application of the monist and dualist approaches by the South African Constitutional Court in the Glenister case and the European Court of Justice in the Kadi and Hungary cases in order to illustrate the practical application of the dichotomy between monism and dualism in a municipal system and on a regional level.
After generally surveying the history of municipal bankruptcy legislation in the United States and former chapter IX in particular, an in depth analysis of the new chapter IX provisions is given. The article concludes that the new act, while having several imperfections, will well serve cities overburdened with debt.
Includes bibliographical references and index. ; Where (or what) is the place of law? An introduction / Austin Sarat, Lawrence Douglas, and Martha Merrill Umphrey -- Time against territoriality : national laws and literary translations / Wai Chee Dimock -- The empty place : legal formalities and the cultural state / Annelise Riles -- The architecture of authority : the place of law in the space of science / Susan S. Silbey and Patricia Ewick -- Digital networks, state authority, and politics / Saskia Sassen -- The place of cyberlaw / Lawrence Lessig -- Against cyberspace / Richard Ford. ; Mode of access: Internet.
Organization of municipal waste management in the Polish law is most of all determined by regulations introduced in the European Union Law. The Polish legislator has implemented those regulations, but unfortunately disperse this matter in many legal acts. This article will thus attempt to analyse the respective elements of the process of municipal waste management with particular emphasis on the sources of law, and obligations of real property owners, as well as the implementation and transposition of directives.
Organization of municipal waste management in the Polish law is most of all determined by regulations introduced in the European Union Law. The Polish legislator has implemented those regulations, but unfortunately disperse this matter in many legal acts. This article will thus attempt to analyse the respective elements of the process of municipal waste management with particular emphasis on the sources of law, and obligations of real property owners, as well as the implementation and transposition of directives.
Lawyers and judges who deal with municipal law are perpetually puzzled by the distinction between "governmental" and "proprietary" powers of local governments. The distinction is murky, inconsistent between jurisdictions, inconsistent within jurisdictions, and of limited use in predicting how courts will rule. Critics have launched convincing attacks on the division of municipal powers into these two categories. Most articles have focused on problems with the distinction in specific areas of municipal law. In contrast, this article provides a comprehensive analysis of the governmental/proprietary distinction in seven specific doctrinal areas: legislative grants of municipal authority, government contracts, torts, eminent domain, adverse possession, zoning, and taxation. The article concludes that confusion with the governmental/proprietary distinction will be materially reduced if local government powers are conceptually realigned. Instead of completely jettisoning the distinction, as some have proposed, the "governmental" category should be split in two, with coercive and policymaking powers like the police power, law enforcement, and the powers of taxation, eminent domain and budgeting constituting a "governmental sovereign powers" category. General services that economists call public goods should be detached from the governmental sovereign powers and regrouped with proprietary services like municipal utilities to create a category of "governmental service activities." The article evaluates the new groupings within the context of each of seven substantive areas of law where the governmental/proprietary distinction has been used. The article concludes that realigning local government powers will reduce analytical confusion and help legislators and judges when they make key choices in both the lawmaking and litigation context.
The UN Charter and the Vienna Convention on the Law of Treaties require interpreting treaties and settling international disputes "in conformity with the principles of justice and international law." This contribution discusses procedural and substantive principles of justice which the international judge may take into account in interpreting international economic agreements. The "sovereign equality of states" underlying the "international law of coexistence" as well as the "international law of intergovernmental cooperation" must be interpreted in conformity with the universal recognition of human dignity as a source of inalienable human rights. The universal recognition of economic and social human rights further requires taking into account solidarity principles, as proposed also by the sociological approach to international law. The constitutional structures and citizen-oriented functions of the law of international economic organizations liberalizing and regulating mutually beneficial market transactions among citizens require judges to engage in a careful balancing of state-centered and citizen-oriented principles of international law, including respect for the emerging human right to democratic decision-making. This modern "international integration law" and the increasing number of "international constitutional rules" promote the reconciliation of the various state-centered approaches, human rights approaches, sociological approaches and policy-approaches to international law as a system not only of international rules and "legal pluralism" but also of constitutionally limited decision-making processes and struggles for human rights.
