Suchergebnisse

The fight against corruption has become one of the priorities of the international world. Most national states and international organisations are supporting the fight against different forms of corruption, among which bribing foreign officials in order to secure an economic advantage on a particular market. European countries, including EU members, are facing this challenge, as well, taking attitude under the impulse of OECD and EU. However, the results are not remarkable due to the lack of political will, the lack of initiative and constancy while facing this huge task.

The development of international online commerce has led to the shift of disputes arising mainly from electronic contracts in the online environment (Online Dispute Resolution, ODR).International commercial arbitration could not be an exception to this development.The digital foreign arbitral award rendered following an online arbitration (e-arbitration) may be enforced in case of voluntary non-enforcement on the territory of a foreign state, following the recognition and enforcement procedure. One of the reasons that the party opposed to the digital arbitral award may invoke to block this procedure is the lack of formal validity of the arbitration agreement concluded by electronic means. This article aims to examine the regulatory framework within which a state court will examine the formal validity of the digital arbitration agreement and the extent to which this ground for refusal of recognition can be found to be well-founded.

Grigore N. Filipescu, engineer and lawyer, was a controversial and inconstant politician in Interwar Romania. He had passed through many political parties until 1929, when he founded his
own political organization. He was also involved in other areas, being the president of the Romanian Telephone Company, conducting the construction of the Câmpina-Constanţa oil
pipeline and organizing the first international fencing contests in Romania.

This study depicts the biography of a young communist (Ion Călin) who volunteered for the International Brigades in Spain, and thus it features - within the historiography of the topic -
the destinies of the antifascist Romanian combatants. Since the vast majority of these combatants was composed of members and supporters of PCdR, the regime of popular democracy honored
and glorified them after March 6, 1945, in the same vein as those Communist inlanders who were
repressed by the "bourgeois regime". The Romanian Communists who fought in the French Resistance received a similar follow-up. After 1989, the names of the Romanian volunteers who had joined the Spanish Republicans' cause went in the shadow due to their political affiliation to a party utterly compromised in the eye of the public.
This study also deals with a broader context, including international politics, the reasons
behind such an enthusiasm binding young people to go abroad to a front at over 2.000 km, the social
strata they derived from, PCdR's efforts to organize and send combatants across the borders, Ion Călin's clandestine journey to the Iberian peninsula (via Czechoslovakia, Austria, Switzerland, or France), as well as aspects and details of the fights of which he was a part of during the war.

This study depicts the biography of a young communist (Ion Călin) who volunteered for the International Brigades in Spain, and thus it features – within the historiography of the topic – the destinies of the antifascist Romanian combatants. Since the vast majority of these combatants was composed of members and supporters of PCdR, the regime of popular democracy honored and glorified them after March 6, 1945, in the same vein as those Communist inlanders who were repressed by the "bourgeois regime". The Romanian Communists who fought in the French Resistance received a similar treatment. After 1989, the names of the Romanian volunteers who had joined the cause of the Spanish Republicans went in the shadow due to their political affiliation to a party utterly compromised in the eye of the public. This study also deals with a broader context, including international politics, the reasons behind such an enthusiasm binding young people to go abroad to a front at over 2.000 km, the social strata they derived from, PCdR's efforts to organize and send combatants across the borders, Ion Călin's clandestine journey to the Iberian peninsula (via Czechoslovakia, Austria, Switzerland and France), as well as details of the fights of which he was a part of during the war.

The criminal treatment of juveniles in the European Union was regulated in earlier times and has evolved by national legislation of Member States, international treaties, documents of the Council of Europe, as well as by European Union Treaties, European Parliament Resolutions and Press Releases of the European Commission. The regulatory divergence of criminal treatment of juveniles in EU countries implies the need to elaborate certain minimum rules to prevent and to combat juvenile delinquency, oriented to education of minors and their punishment.

Scopul acestui studiu este de a identifica argumentele realismului stiintific, formulate de catre Alexander Wendt, pe baza carora statul se defineste ca persoana sau ca actor in sistemul de state. Voi vorbi despre aceste argumente si motivele pentru care acestea pot explica comportamentul statelorca actori rationali. In prima parte mi-am propus sa identific componentele teoretice din cadrul realismului stiintific, conform carora statele sunt autoorganizate, seamana cu organismele biologice, adica au o structura interna cu elemente constituente functionale care actioneaza in sens colectiv in virtutea reproducerii si supravietuirii sistemului, iar spre exterior acestea isi stabilesc limite/granite pentru a se defini ca o identitate. Pe baza componentelor biologice ale sistemului voi identifica si componenta cognitiva a unui stat, ceea ce il defineste ca o persoana psihologica cu interese, constiinta si memorie, astfel elementele constituente actioneaza in sensul supravietuirii identitatii colective. Fiind date functiile cognitive ale statului acesta isi va putea proiecta si strategii de relationare cu ceilalti actori statali. In a doua sectiune a lucrarii voi vorbi despre paradigma realismului ofensiv, din cadrul relatiilor internationale. Astfel pe baza structurii teoretice din realismul stiintific voi extrage conceptele cheie si le voi operationaliza, sau cel putin le voi asocia cu asumptiile mai aplicate din realismul ofensiv formulate de John J. Mearsheimer care susþine ca principalul factor motivant pentru state in sistemul international il reprezinta dorinta de putere astfel voi testa asumptia principala a lucrarii conform careia statele sunt persoane supradimensionate.

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.

Development perspectives of the European Law of Contracts arise from the Press Releases of the European Parliament, the Union Council and the European Commission. The necessity to develop the European Law of Contracts is determined by the objectives of the Common Market, by the amplification of the commercial relations inside the EU, by the abstract and selective regulation of the contracts in the Treaty on European Union, in the EU Regulations and Directives, as well as by the divergences of contracts in national legislations of Member States.

Secessionism is one of the important challenges in many contemporary societies. Sovereignty, International and domestic law, and human rights are only three concepts that could be affected by the emergence of secessionist dynamics. This article investigates the evolution of Catalan secessionist movement after the 2017 independence referendum. It uses process tracing to analyze the events that coincide with the evolution of the Catalan secessionist movement. The main findings reveal that while the EU does not encourage these kinds of movements, it does not agree with the solutions adopted by the Spanish's Central Government to solve the Catalan situation, and condemns the violation of human rights. Also, the Catalan independence movement can stimulate similar dynamics across other countries, which are not favourable to the EU cohesion.

In the article, the cooperation between the Republic of Moldova and the European Union in the field of green entrepreneurship is considered as mutually beneficial in the light of strengthening the competitiveness of both economies. The author reveals such main domains of the cooperation as ecoagrofood, bio- and renewable energy. There are also highlighted the key programmes and projects as outcomes of governmental, communitarian, international and corporate efforts related to cooperation. A special attention is paid to the identification of some problems regarding the development of green entrepreneurship in the Republic of Moldova. For solving them as well as making the cooperation in the field more systematic and synergetically positive, the author suggests the elaboration of a joint RM-EU Strategy for the Development of Green economy and entrepreneurship.

The article surveys the various stances taken in interwar Romania towards the contemporary international - particularly French - trends of legal and political theory meant at counteracting the shortcomings manifested by the legislative patterns of Napoleonic provenance when confronted with the exigencies of expanding associational life and the need of growing state intervention in the sphere of the relations between economic factors. The crisscrossing visions of federalist syndicalism and, respectively, juridical socialism - exposed most conspicuously by the legal philosophers Léon Duguit and Emmanuel Lévy - are shown to receive various evaluations in the local milieu, from the part of authors connected with the leading journal of the Romanian Social Institute and otherwise (and always by reference to the predicament of social reform in the national space). It is highlighted that the impact of the ideas involved in the debate was broader and more diffuse than one could assume when taking into consideration only the outspoken - and partly obsolete - objectives and premises of the argumentations in question.