Due to the increase in the number of cross-border disputes in arbitration in recent years, the process of ADR and ODR has become international. International commercial arbitration has become a system of private transnational dispute resolution, consisting of multilateral conventions, bilateral agreements, national arbitration rules and principles and rules for resolving private informal disputes. In the 1920s, new legislation regulating international commercial arbitration emerged, and in 1958, the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, known as the New York Convention, was adopted. This was followed by the United Nations Commission on International Trade Law of 1976 on Arbitration Rules and the United Nations Commission on International Trade Law on International Commercial Arbitration of 1985 on International Trade Arbitration. The arbitration process was harmonized on the basis of the Model Law.
At the beginning of the twenty-first century, debates about international law and the use of force have gained new momentum. This is due to the armed conflicts in Kosovo, Afghanistan, and Iraq as well as the publication of two recent security strategies by the U.S. government. These strategies consider the possibility of preemptive use of force and have received considerable criticism from international law scholars. Professor Laursen asks whether the necessity excuse in international law allows for preemptive strikes of the sort envisioned by the U.S. security strategies. Following an examination of the status of the necessity excuse in international law, which finds that necessity is a legitimate part of current international law and under certain circumstances provides an excuse for a state's breach of its obligations, Professor Laursen analyzes whether the necessity excuse may be invoked in the context of the use of force. He concludes that the necessity excuse is not normally available in the case of use of force against "traditional" terrorism. With regard to "new" terrorism, the excuse may be appropriate, but the central issue of "imminence" will remain problematic when considering preemptive strikes.
I wanted to show that there is a strong empirical evidence that obedience to the law is based rather on procedural justice than on substantive justice, because the assessment of substantive justice of the law requires a very sophisticated normative reasoning. Procedural justice is comprehensible by a common sense based on practical experience of citizens who deal with the law executing institutions such as the police and the courts. The intermediary variable is the legitimacy of the law executing institutions such as the police and the courts. Due to a low level of trust and approval of the law-making institutions such as parliaments and governments their legitimacy is questionable, and thus the law makers cannot foster the moral duty to obey the law among subjects to the law. ; Chciałem pokazać mocne racje empiryczne, dowodzące, że posłuszeństwo wobec prawa jest oparte bardziej na sprawiedliwości proceduralnej niż na sprawiedliwości materialnej, ponieważ ocena tej drugiej wymaga bardzo wyrafinowanego rozumowania. Natomiast sprawiedliwość proceduralna jest zrozumiała na podstawie zdrowego rozsądku i praktycznego doświadczenia obywateli stykających się z działaniami instytucji egzekwujących prawo, a zwłaszcza policji i sądów. Zmienną pośredniczącą jest legitymizacja instytucji egzekwujących prawo, takich jak policja i sądy. Z powodu niskiego zaufania i aprobaty dla instytucji stanowiących prawo, jak parlamenty i rządy, ich legitymizacja jest wątpliwa. Dlatego instytucje prawotwórcze nie są zdolne do wzmacniania poczucia moralnego obowiązku posłuszeństwa wobec prawa wśród podmiotów prawa.
Chciałem pokazać mocne racje empiryczne, dowodzące, że posłuszeństwo wobec prawa jest oparte bardziej na sprawiedliwości proceduralnej niż na sprawiedliwości materialnej, ponieważ ocena tej drugiej wymaga bardzo wyrafinowanego rozumowania. Natomiast sprawiedliwość proceduralna jest zrozumiała na podstawie zdrowego rozsądku i praktycznego doświadczenia obywateli stykających się z działaniami instytucji egzekwujących prawo, a zwłaszcza policji i sądów. Zmienną pośredniczącą jest legitymizacja instytucji egzekwujących prawo, takich jak policja i sądy. Z powodu niskiego zaufania i aprobaty dla instytucji stanowiących prawo, jak parlamenty i rządy, ich legitymizacja jest wątpliwa. Dlatego instytucje prawotwórcze nie są zdolne do wzmacniania poczucia moralnego obowiązku posłuszeństwa wobec prawa wśród podmiotów prawa. ; I wanted to show that there is a strong empirical evidence that obedience to the law is based rather on procedural justice than on substantive justice, because the assessment of substantive justice of the law requires a very sophisticated normative reasoning. Procedural justice is comprehensible by a common sense based on practical experience of citizens who deal with the law executing institutions such as the police and the courts. The intermediary variable is the legitimacy of the law executing institutions such as the police and the courts. Due to a low level of trust and approval of the law-making institutions such as parliaments and governments their legitimacy is questionable, and thus the law makers cannot foster the moral duty to obey the law among subjects to the law.
Includes a facsimile of the original t.p. of The necessity of atheism. ; Cover title. ; "This is a limited edition of 500 copies." ; Mode of access: Internet. ; VIVA Repository Copy 2014. ; 2 10
The article is devoted to exploring theoretical considerations about the need to abolish life imprisonment as such which does not meet the primary purpose of punishment. The criminal legislation and the criminal enforcement characteristics of punishment in the form of life imprisonment as the main punishment in accordance with the Criminal Code of Ukraine are presented; and; analyzes the criminal and criminal law of Ukraine, which regulates the execution of sentences in the form of life imprisonment; determine sentence and life imprisonment. The article deals with the comparative analysis of the life imprisonment procedure in Austria, England, Denmark, Spain, Latvia, Norway, Poland, Germany, Switzerland. In Ukraine, a life sentence may be released from serving this sentence only after serving a 20-year term on the basis of a Presidential Decree. It is established that in foreign law, in view of national peculiarities, the issue of early release of prisoners from life imprisonment is resolved in another way and with certain peculiarities. A study of the provisions of criminal law in these countries shows that their parole mechanism is aimed at balancing the protection of the rights and freedoms of the convicted person and the protection of the rights and legitimate interests of others, society and the state. The laws of these countries do not, as a rule, refuse to use life imprisonment, but they do have certain mechanisms in place to control prisoners who monitor their behavior in society. That is, a prisoner has a real chance to be released. This is the main purpose of the punishment - the correction of the convicted person. That is why the Declaration adopted at the Sixth United Nations Congress in 1981 (the "Karakak Declaration") stated that life imprisonment would not meet the desired goals if there were no adequate measures to return such prisoners to the mainstream of social life in the appropriate stage. In Ukraine, there is a problem with the achievement of the purpose of punishment, so this article is ...
In: Vitanski, Dejan (2016) The Necessity of Continuous Reforms in Public Administrative Systems. KNOWLEDGE International Journal Scientific papers, 15 (2). pp. 799-805. ISSN 1857-92
Basic motives for the implementation of administrative reforms are building a stable state institutional mechanisms that enhance organizational and functional structure of the administration and increasing its efficiency in order to successfully carry out public works and solving public problems, develop democratic sustainable society and a prosperous market economy. The primordial objective of the reform, above all, should be redesigning, "resetting and decoding" of existing institutions and their transformation into a responsive and service-oriented public entities whose officials in the focus of their overall activity need to put the client (citizens and legal persons). Successful countries with qualitatively differentiated and functionally potent public services are generally implementing permanent reforms, permanently honing and updating existing institutional arrangement. In these countries, where the systems are generally effective and efficient, if there is a certain stagnation of the processes, that stagnation like signal by her own will timely alert and initiate change. On the other hand, there are countries which reforms go whenever it face difficulties, while others even then when the current situation is extremely difficult and institutional framework will collapses entirely. In most countries that still wander through the labyrinths of the dark tunnel of transition, practice shows that reforms in administration are slippery ground and Achilles fifth of many ruling nomenclature, which, unfortunately, not manifested(s) consistent political will, a serious willingness and capacity for an essential and rational transformation of the administration. Public administration reform in the conditions of market economy and parliamentary democracy is imperative not only for its survival and prosperity, but also to effectively function as a political and legal system and the economic system. The administration is infiltrated in all spheres of the society, or the reflexes of its activities feel and pulsate in the functioning of law system, as well as economic and political system. Therefore, its reform must be understand and treat it as a necessity, as a prerequisite for reviving the objectives of the purposes of the state of law, not as a fad, because without modern administration can not be modern state. Keywords: reform, public administration, efficiency, effectiveness, service orientation.
It is evident that the translation of legal documents falls within two disciplines, that of language and linguistics on one hand, and that of a juridical nature on the other. This allows us to speak of this process as a 'multidisciplinary operation'. In this respect, it is generally accepted that the translator of a legal text should have the ability to comprehend the intention and message of the ST as fully as possible and have general knowledge of law. International law needs to be translated accurately in order to fit every country's national political and cultural mentality. In order to reduce the number of international disputes, especially in the field of legal documents, there should be some sort of standard form of legal concepts' equivalents, which is not based on the mechanical choice of the meaning but involves a comprehensive and contextual choice. This study aims to analyze the discrepancies identified during the editing process of the translated version into Albanian of the International Convention on Cluster Munitions and raise the need for standardization of legal concepts in order to minimize the misinterpretation and of the law which, in turn, results in a better law enforcement.
Existing e-commerce regulations constitute a premature and unnecessary interference in the natural evolution of commercial practices and technologies. I question not just their quality, mainly attributable to the technological ignorance of the regulator, but their very necessity. I observe the practical futility of drafting effective regulatory instruments in areas subject to continuous and unpredictable technological change. I criticize the overly homogenous approach to "everything Internet" (i.e. everything involving the Internet requires new law) as well as the creation of new regulatory spheres and legal categories. Some might claim that it is too early for a critical retrospective of this subject. Despite its relative "youth," however, the "law of e-commerce" has developed a set of orthodox approaches. It is therefore not too early to present some heterodox views, especially given the largely unsuccessful regulatory activity in the European Union. Not just technologies but also theories about the Internet can become obsolete within a short period of time and should therefore be subject to constant revision.
Privacy is a concept that has evolved a lot in the past century: from the original right to seclusion and to one's own self-determination without external invasion of private spaces, the technological changes occurred in society have transformed it into a complex set of rights to provide individuals with some degree of control over the processing and the flow of their own personal data. After a long delay in adopting data protection laws when compared to other countries, Italy put up a steep pace and introduced a novelty in the law currently in force, d.lgs. 196/03: the principle of necessity. This provision, significantly located among the three "top principles" in data protection, imposes on data controllers a limitation on the use of personal data, requiring the processing of anonymous data whenever possible. The principle has been in force since 2003, and the Italian authority for the protection of personal data is firm in its enforcement, invoking it in many decisions. The present work slowly zooms in on the principle of necessity: it starts from a broad history of the concept of privacy up to the current times; then it surveys the various approaches to a privacy law in the international scene, with a major attention to the European context; a timeline of the Italian legislation, with a summary of the current discipline, follows. Finally, the focus is centered on art. 3 of the law, containing the principle of necessity: from a general explanation to theoretical literature on the subject, not forgetting the application performed so far by the Guarantor with a number of examples in several fields. The conclusive analysis tries to highlight the strengths and weaknesses of the provision by putting it in the perspective of its natural application field: a society where information, and even more the Internet, have dramatically changed the business models and favored the birth of new, opposing interests.
When government takes private property for a public purpose, the Fifth Amendment to the U.S. Constitution requires just compensation. Courts, however, have long recognized an exception to takings law for the destruction of private property when necessary to prevent a public disaster. In those circumstances, unless the state accepts an obligation to pay damages, individuals must bear their own losses. This Article contends that the public necessity defense should be rejected. First, the tight time frame and limited options typical in a disaster response threaten to obscure the crucial role of government in planning for disasters and mitigating vulnerability. Second, and more fundamentally, the deliberate infliction of harm remains wrongful, even if all available alternatives are worse and the situation could not have been averted or ameliorated through proper advance planning. A just compensation rule—whether instituted via statute or judicial reinterpretation of the Fifth Amendment's Takings Clause—would preserve the government's emergency powers while reaffirming the rule of law and advancing the interests of social justice.
States of emergency test the limits of constitutionalism and our commitment to the rule of law (Dyzenhaus 2012). They tell us something about the ultimate power in a society and the very nature of state powers. French constitutions have a long history of arising from crises, revolutions and overthrows. The current political regime was born in 1958 at the time of the Algerian war of independence. More recently, the French have lived under a sustained period of emergency regulations following the terrorist attacks in Paris in November 2015. Now that a state of health emergency has been declared and extended it is possible to reflect on how key principles relating to the rule of law, such as legality and judicial control, are being re-shaped. This helps us to reflect on how the state seeks to command compliance from its citizens and how a balance is struck between necessity and legality. Key stages can be identified: a first stage when (judicial) control is muted and a second stage when judges re-assert their role once the risks linked to the pandemic have been curbed. This differentiation both confirms the risk of normalising an executive state of emergency (at the time of the peak) and the possibility of a judicial state of emergency emerging (once the first wave is over) (Ginsburg and Versteeg 2020). This brings into question how the next steps in the health emergency can be made subject to robust scrutiny and accountability mechanisms as necessity evolves.
There are many debates about reform of electoral laws in Slovakia. The last significant (according to results) changes were made before elections of 1998, when four election districts were replaced by one district with 150 mandates for legislature elections and one year later in 1999 the first direct elections of Slovak president were presented. There were some efforts to change this status but without any results. In past few years there are debates to unify the electoral laws (for every election there is a specific law in Slovakia) and to change the current electoral system for National Council election. The aim of the paper is to find the best solution for electoral law reform in Slovakia. Is the solution in complete rebuilding of electoral system or just to change the basic setting of proportional system? ; Tomasz Wiskulski
Is an easement across federal lands implied when the United States has granted a tract of land to which the grantee would otherwise have no practical means of access? In the recent case of Bydlon v. United States, the Court of Claims implied an affirmative answer in holding that the ancient doctrine of ways of necessity applied to Government grants to create access easements by air. The purpose of this Comment is to determine the validity of that conclusion and the extent to which it may be utilized to give life to dormant easements. Particular attention will be given to the possible existence of such easements across national forest lands.
From January 1, 2019. Amendments to the Act of July 5, 2018 amending the provisions on trade unions and some other acts apply (almost in full). Amendments to the Polish act are a consequence of the Committee for the Freedom of Association, Labor Law Organizations and the judgment of the Polish Constitutional Tribunal. The main and expected effect of the amendment is the extension of coalition freedom in trade unions. This issue is important not only for the consistency of the legal system with international law, but also for social reasons. Concluding civil law contracts in the place of employee forms of employment is a common practice in Polish conditions. The main problem is that the civil law contract has a purpose other than the employment contract. Contracts of mandate and provision of services are the basis for the implementation of actual and legal activities. Besides, the legislator does not have any real actions aimed at eliminating the defective practice. The text is an attempt to synthetically summarize the motives of the amendment, as well as its effects and tests. ; Od 1 stycznia 2019 r. obowiązują (niemal w całości) zmiany wprowadzone ustawą z dnia 5 lipca 2018 r. o zmianie ustawy o związkach zawodowych oraz niektórych innych ustaw. Zmiany w Polskiej ustawie są następstwem zaleceń Committee on Freedom of Association Labour Law Organizations i wyroku Polskiego Trybunału Konstytucyjnego. Zasadniczym i oczekiwanym skutkiem nowelizacji jest poszerzenie wolności koalicji w związkach zawodowych. Kwestia ta jest istotna nie tylko ze względu na spójność krajowego systemu prawnego z prawem międzynawowym, ale także ze względów społecznych. Zawieranie umów cywilnoprawnych w miejsce pracowniczych form zatrudnienia jest częstą praktyką w polskich warunkach. Zasadniczy problem wiąże się z tym, że umowy cywilnoprawne mają inne przeznaczenie i cel niż umowa o pracę. Umowy zlecenia i świadczenia usług są podstawą realizacji czynności faktycznych i prawnych. Pomimo to, ustawodawca nie podejmuje żadnych realnych działań zmierzających do wyeliminowania wadliwej praktyki. Tekst jest próbą syntetycznego omówienia motywów nowelizacji, a także jej skutków. W prowadzonych badaniach zostanie wykorzystany dorobek literatury i orzecznictwa. Analiza obejmie projekt nowelizowanej ustawy i materiały legislacyjne, a także źródła prawa międzynarodowego.