Suchergebnisse

Uno dei più lunghi periodi di redditività finanziaria dell'era presente è stato interrotto nel 2008 dal fallimento delle innovative strutture di cartolarizzazione ingegnate a Wall Street per condividere il rischio finanziario. Si sono affermati così nuovi fenomeni comportamentali nel campo della moderna finanza facendo emergere l'urgenza di strumenti di governo e di gestione finanziaria. In questo contesto si inserisce la crisi di una delle più importanti Compagnie Assicurative al mondo, l'AIG. che si era spinta in operazioni economiche con strumenti finanziari derivati quali i MBS, i CDS e i CDO. ; One of the longest periods of financial profitability of the present era was interrupted by the failure of innovative securitizazion structures invented at Wall Street to share the financial risk. These innovative structures established themselves as new behavioral phenomena in the field of modern finance, bringing out the urgency of instruments of government and financial management. In 2008 the subprime mortgages allowed to make invisible " risky mortgages " by combining them in financial products paced on the market, labeling them as obligations related to the 'real estate' world and so making them safe by definition. In this context we must insert the crisis of one of the largest insurance companies in the world, the American International Group ( Aig). The AIG was saved then with the help of the US Treasury.

Arbitrajul privat voluntar nu mai este o metoda alternativa de solutionare a litigiilor. Acesta a devenit o metoda uzuala de solutionare a disputelor, o mentalitate de interpretare a textelor legale si, poate, un mod de viata. La prima vedere, lucrarea are un caracter exclusiv juridic. Resorturile scrierii acestei lucrari nu au fost numai juridice. De altfel, a scrie despre arbitrajul privat voluntar numai din perspectiva juridica echivaleaza cu neîntelegerea finalitatii acestuia. Solutionarea litigiului arbitral nu este un mestesug, ci este si devine permanent o arta. Aceasta din urma perspectiva a constituit adevaratul resort al scrierii prezentei lucrari. Elementul de noutate al lucrarii îl constituie analiza pragmatica, dar livresca si, totodata,exclusiva a textelor procesual-civile romane referitoare la arbitrajul privat voluntar.

The European Union has long pursued a full program of unification of the national rules on private international law. For the theoretical advantages of uniformity, created by "denazionalizing" the systematic of civil law, corresponds, howewer, a loss of meaning in terms of culture and legal values, at the expense of the identities and the political choices, that only in the national communities – in the absence of democratic processes at the European level – can still find ways of legitimate expression.Paper presented at the Conference "La dimension culturelle du droit international privé (Journée en l'honneur de Tito Ballarino)", held on June 13, 2014 in Losanna, at the Swiss Institute of Comparative Law.L'Unione europea persegue da tempo un nutrito programma di uniformazione delle normative nazionali di diritto internazionale privato. Ai vantaggi teorici dell'uniformità, artificialmente creata denazionalizzando la sistematica del diritto civile, corrisponde tuttavia una perdita di senso in termini di cultura e di valori giuridici, a scapito delle identità e delle scelte politiche che solo nelle comunità nazionali – in assenza di processi autenticamente democratici a livello europeo – possono ancora trovare legittima espressione.Relazione presentata al Convegno "La dimension culturelle du droit international privé (Journée en l'honneur de Tito Ballarino)", tenutosi il 13 giugno 2014 a Losanna, presso l'Istituto svizzero di diritto comparato

The internationalization of national constitutions includes an eventual unification of constitutional rules deemed necessary to intensify international relations. So, in a broader way it is invoked the impact of international law and international relations on constitutional law. The result of the internationalization of national rights is a progressive harmonization of concepts and legal rules. In the current state of international law, constitutions' internationalization corresponds a concrete impact of international law on constitutional norms. The current trend of constitutions is to regulate in a more accurate and comprehensive way the relations between the state and international law. International law does not require any particular form of the conclusion of international treaties. In intensification of international relations, international conventions and integration of states in international organizations, the Parliament carries important consequences for both on normative function and the control function. Such legislative activity is guided by international treaties concluded by the state. While the executive and the legislative are involved in the development of international law, the jurisdictional power intervenes to reconcile domestic and international legal norms. States do not devote supremacy of international law over their constitution. Because international treaties to be part of the national legal order is not enough that the procedure for concluding treaties to be respected. It is also necessary that treaties do not contravene fundamental state constitutional principles of human rights and the relationship between public authorities. The control of international treaties' constitutionality can be mandatory or optional. In the process of ratification of the treaty on EU European constitutional courts tend to create a similar design to establish the limits of European integration. In reality, the issue of constitutionality of international treaties control is a political issue and it is difficult to apply legal principles purely political matters. There are three categories of states in the aspect of national courts on constitutional regularity control concluding treaties.

Food security is one of the most complex problems that the world is facing today. This paper discusses the role of international trade in food security and analyzes whether there is a real option to promote or attract land investments, alongside domestic production and international trade for the nations touched by food insecurity. Considering food security as a common purpose for all nations, independently of their level of development or political ideologies, the research concludes that serious cooperation within international agricultural trade negotiations represents the main step towards resolving the most important world challenges such as achieving global food security alongside "Green Growth". International trade is connected with economic development: free trade brings on medium and long term economic growth. Fighting against poverty requires efficient economic policies and, due to the high degree of economic integration reached by the international economy, this is possible only if governments cooperate with each other and with international organizations, avoiding protectionism.

By examining some of the letters Romanian volunteers in the International Brigades sent home during the Spanish Civil War, this article explores their authors' experience of the front-line hardships and of the challenges associated with the military life-style. The paper first provides a concise historical account of the Spanish Civil War, with a focus on the emergence of the international military groups, consisting of foreign combatants. It subsequently investigates the reasons that determined the Romanian volunteers to leave their country to fight in Spain, by examining their motivation in the intricate political and social context of interwar Romania. Finally, the article deals with the negative outcomes these letters had for their recipients, translated into the permanent harassment their families and close ones suffered because of this correspondence.

The European Union is a rather new player in international relations. The European Union is neither a state nor international organization. With the accession to the European Union, the states transfer some attributes of sovereignty and, thus, the governing is done by the European Union mostly, taking part in its relations with third countries. At the same time, it contains some elements of the union (confederation, federation). Therefore, the European Union is more than an international organization. We find elements of the federation, confederation without being identified as such, being established on a system of organization. The European Union aims for integration of societies within a single economic, social, political, legal area. The European Union acts as a proper system based on an idea of creating strong Union bonds between the people of Europe, by establishing an internal market, an economical Union. The European Union, in its relations with the member states, keeps the ultimate goal that it has, being an international legal person, special competences, realizing common goals established with the member states. The legal basis of the European Union is represented by two treaties: the Treaty on European Union and the Treaty on the Functioning of the European Union. The well-known Lisbon Treaty represents legally an amending treaty of the previous legal instruments - a compromise between the need for reform, on the one hand, and the need to live in a united Europe, on the other hand. The member states of the EU relate to two legal systems. As a result of their participation in an international organization with supranational character, Member States of the European Union assume a number of commitments with repercussions to their state sovereignty. The Member States coexist with the European Union. The European Union has become, along with its Member States, a matter of international law; even if it shows itself as a conglomerate of states - international organization; it is a union of states established by state attributes, an entity more complex and powerful, with a higher importance with its relations with the Member States, but also with an increased influence on international arena.