Suchergebnisse

Legislation plays an important role in the economic development of a nation, but that the law can play a role in providing legal certainty for economic operators, the government as policy makers in the field of law. Determination of investment legislation in an effort to create a climate of investment, beginning with the presence of the Capital Market Law normatively accommodates the various interests of foreign investors. For example, there is the provision and maintenance of non-discrimination given to local entrepreneurs or the arena of domestic market share, investment protection and guarantees against nationalization and export risk threats, as well as the guarantee of the right to transfer profits or dividends. And the right to carry out legal settlement through international arbitration. Law in economic development, there are five elements that must be developed in the economic development of the nation, namely stability, prediction, justice, education, and in particular the development of law graduates (special development ability of the prosecutor) and the law should also have the ability to give an exact picture in situations or a future relationship conducted in the present. Both have procedural capability. Legislation that directly or indirectly impact on the economy and the legal system must provide a balance in awareness efforts to implement economic development. This is where the law becomes a very important factor in relation to the legal protection afforded by a country for investment activities. As revealed by Erman Rajagukguk that the main factor for the law can play a role in economic development is whether the law is able to create "stability", "predictability" and "fairness". The first two are the prerequisites for any economic system functioning. Included in the stability function (stability) is a potential law to balance and accommodate competing interests. The legal system and legal regulations to provide protection will create predictability, fairness and efficiency for investors to invest their capital. Act Investment in efforts to create an investment climate begins with Act Capital Markets normatively accommodate the interests of foreign investors and the legal concept as the basis for economic development, namely predictability, the ability procedural codification goals, education, the balance, the definition and clarity of status and accommodation

Proceedings of the seminar on the social and economic effects of earthquake prediction, 12 October, 1977.

No branch of international law has been so badly misunderstood and needlessly confused as that of the recognition of new states and new governments. Recognition has been the football of diplomats who have made it mean anything that suited their purpose. It has certainly been grossly abused as a weapon of diplomatic pressure and intervention. It has in many cases proved to be an insoluble puzzle to the courts whose decisions have been sometimes conflicting and confusing. It has been a plaything for the political scientists who have taken delight in posing abstract problems of a theoretical nature.

This is the first comprehensive analysis of the legal effects of EU agreements explored in both comparative perspective and in terms of the ramifications for the legal orders of the member states. The book provides a thorough analysis of the case-law in this increasingly important area of EU law, valuable to academics and practitioners alike.

Examining the legal effects of EU concluded treaties, this book provides an analysis of this increasingly important and rapidly growing area of EU law. The EU has concluded more than 1,000 treaties including recently its first human rights treaty (the UN Rights of Persons with Disability Convention). These agreements are regularly invoked in litigation in the Courts of the member states and before the EU courts in Luxembourg but their ramifications for the EU legal order and that of the member states remains underexplored. Through analysis of over 300 cases, the book finds evidence of a twin-track approach whereby the Court of Justice of the European Union (CJEU) adopts a maximalist approach to Treaty enforcement, where EU agreements are invoked in challenges to member state level action whilst largely insulating EU action from meaningful review vis-à-vis agreements. The book also reveals novel findings regarding the use of EU agreements in EU level litigation including: the types and which specific EU agreements (including the types of provisions) have arisen in litigation; the nature of the proceedings (preliminary rulings or direct actions) and the number of occasions in which they have been addressed in challenges to member state or EU action and the outcomes; who has been litigating (individuals, institutions, or member states) and which domestic courts have been referring questions to the CJEU. The significance of the judicial developments in this area are situated within the context of the domestic constitutional ramifications for member state legal orders thus revealing a neglected dimension in the constitutionalization debates, which traditionally emphasized the ramifications of internal EU law for the domestic constitutional order without expressly accommodating the constitutional significance of this external category of EU law nor the different challenges that this poses domestically.

Examining the legal effects of EU concluded treaties, this book provides an analysis of this increasingly important and rapidly growing area of EU law. The EU has concluded more than 1,000 treaties including recently its first human rights treaty (the UN Rights of Persons with Disability Convention). These agreements are regularly invoked in litigation in the Courts of the member states and before the EU courts in Luxembourg but their ramifications for the EU legal order and that of the member states remains underexplored. Through analysis of over 300 cases, the book finds evidence of a twin-track approach whereby the Court of Justice of the European Union (CJEU) adopts a maximalist approach to Treaty enforcement, where EU agreements are invoked in challenges to member state level action whilst largely insulating EU action from meaningful review vis-à-vis agreements. The book also reveals novel findings regarding the use of EU agreements in EU level litigation including: the types and which specific EU agreements (including the types of provisions) have arisen in litigation; the nature of the proceedings (preliminary rulings or direct actions) and the number of occasions in which they have been addressed in challenges to member state or EU action and the outcomes; who has been litigating (individuals, institutions, or member states) and which domestic courts have been referring questions to the CJEU. The significance of the judicial developments in this area are situated within the context of the domestic constitutional ramifications for member state legal orders thus revealing a neglected dimension in the constitutionalization debates, which traditionally emphasized the ramifications of internal EU law for the domestic constitutional order without expressly accommodating the constitutional significance of this external category of EU law nor the different challenges that this poses domestically.