Suchergebnisse

Nach einer Periode der Selbstzweifel ist die Rechtsvergleichung als Disziplin in den vergangenen fünf Jahre zu neuem Leben erwacht. Zwar ist der überwiegende Teil der vergleichenden Arbeiten nach wie vor auf das "black-letter law" – also das geschriebene, akademische Recht – fokussiert, aber selbst diese Art der Rechtsvergleichung gewinnt an Bedeutung für diejenigen, die Regelungspolitik gestalten. Einige Rechtsvergleicher haben aber auch bereits begonnen, verfeinerte theoretische und empirische Ansätze zu entwickeln. Diese neue Entwicklung bildet eine wachsende Herausforderung für den "asienbezogenen" Zweig der Rechtswissenschaft ("Asian law scholarship"), der bislang von den Schwierigkeiten der tradierten Rechtsvergleichung profitiert hatte. Inzwischen erscheint insbesondere für Untersuchungen zum japanischen Recht eine umfassendere Betrachtungsweise vielversprechender zu sein, die Japan in einen Kontext zur globalen wie auch zur europäischen Rechtsentwicklung stellt und das Land damit in gewisser Weise aus der "asiatischen" Einbindung herauslöst.(Die Redaktion) ; Nach einer Periode der Selbstzweifel ist die Rechtsvergleichung als Disziplin in den vergangenen fünf Jahre zu neuem Leben erwacht. Zwar ist der überwiegende Teil der vergleichenden Arbeiten nach wie vor auf das "black-letter law" – also das geschriebene, akademische Recht – fokussiert, aber selbst diese Art der Rechtsvergleichung gewinnt an Bedeutung für diejenigen, die Regelungspolitik gestalten. Einige Rechtsvergleicher haben aber auch bereits begonnen, verfeinerte theoretische und empirische Ansätze zu entwickeln. Diese neue Entwicklung bildet eine wachsende Herausforderung für den "asienbezogenen" Zweig der Rechtswissenschaft ("Asian law scholarship"), der bislang von den Schwierigkeiten der tradierten Rechtsvergleichung profitiert hatte. Inzwischen erscheint insbesondere für Untersuchungen zum japanischen Recht eine umfassendere Betrachtungsweise vielversprechender zu sein, die Japan in einen Kontext zur globalen wie auch zur europäischen Rechtsentwicklung stellt und das Land damit in gewisser Weise aus der "asiatischen" Einbindung herauslöst.(Die Redaktion)

Two individuals formed a company. Both held half the share capital and served as the company's only two directors. The Plaintiff was one of these shareholder-directors, and he submitted an application to the court requesting it to make such orders as it may think fit in terms of section 402 of the Companies Act 1995. Briefly, this section seeks to provide a remedy to a shareholder who complains that the affairs of a company are being conducted in a manner that was 'oppressive, unfairly discriminatory against, or unfairly prejudicial to a member or members'. ; peer-reviewed

The standard concept of law, consisting of legislation and case law, provides authority and legitimacy to law, as well as a methodology. Transnationalisation of law has necessitated the recognition of non-state influences. Although this should lead to an updated concept of law, authority and legitimacy are not actually problematic as these are in practice derived from the authority and legitimacy of national courts which decide most cases, albeit using new sources of law. The main problem of global law is methodology.

International law principles enable a rationalisation of the values to which the Union order aspires as a collective political and legal commitment amongst the Member States. The doctrine of Union law supremacy, which parallels that of international law supremacy, emphasises the overriding character of Union legal demands as a set of values and objectives over those of purely domestic origin. A common view that the Union legal order is sui generis or municipal in character fails to explain the directing character of the values underlying the Union project including its legal order. In this article I therefore explore and defend the view that the Union legal order is essentially one of international law. A central contention in this regard is that the supremacy of Union law obligations within the Member States is based on the principle of the supremacy of international law obligations over those originating in the domestic arena. The intensive rationalisation of this principle by the Court of Justice within its case law manages the intrusive domestic legal effects of the values and ideals found in the Union Treaties and illustrates the evolutionary character of the Union project.

The presentation explores whether housing law and anti-discrimination law can be reflected upon jointly in order to address socioeconomic inequalities, understood as major constraints to the access to adequate housing. The first section analyses the prohibition of discrimination on the grounds of socioeconomic status as contained in selected international human rights instruments and in European Union law, in light of the guidance of the bodies tasked with their interpretation and application. The second section focuses specifically on housing, examining how the aforementioned prohibition applies in this field and which specific mechanisms ought to be put in place to effectively secure the right to housing of low-income groups.

The article examines the issues of Internet legal relations and conflicts of jurisdiction between the states when resolving disputes. The interrelation of Internet legislation and private international law is investigated. The application of Russian legislation in Russian Federation in the regulation of human rights activities is analyzed. Judicial practice of the countries of the Anglo-Saxon legal system is considered.

The Virginia Law Review is a scholarly journal devoted to legal and law-related issues of interest to judges, practitioners, teachers, legislators, students, and others interested in the law. The Review also publishes articles on interrelated subjects of more general concern, ranging from economics and finance to sociology and psychology. ; The Virginia Law Review is a scholarly journal devoted to legal and law-related issues of interest to judges, practitioners, teachers, legislators, students, and others interested in the law. The Review also publishes articles on interrelated subjects of more general concern, ranging from economics and finance to sociology and psychology. ; Mode of access: Internet. ; Vols. 1 (1913)-8 (1922) in v. 8; vols. 1 (1913)-20 (1934). 1 v.

ÖZET'Havayolu ile Taşıyanın Uluslarası Hukukta, Avrupa Hukukunda, ve Türk Hukukunda Sorumluluğu' başlığı altındaki bu tezi yazmaktaki amacım hava taşıyanın sorumluluğunu Uluslarası hukuk, Türk hukuku ve Avrupa Birliği hukuku açısından karşılaştırmalı olarak incelemektir. Yedi bölümde ele alınan bu tez, hava taşımacılığı geniş bir çalışma alanını kapsadığından, esas olarak hava yük taşıyanının sorumluluğunu incelemektedir. Bu nedenle çalışmanın amacı öncelikle 1929 Varşova Konvansiyonu ile düzenlenen uluslararası havayolu ile yük taşımacılığıdır. Çalışmanın birinci bölümünde uluslararası sivil havacılıkta havayolu ile taşıyanın sorumluluğunun gelişimini, La Haye 1955 Protokolünden başlayarak 1999 Montreal Konvansiyonuna kadar olan Varşova Konvansiyonun tarihi gelişimini temel kaynaklarını, yapılan değişikleri incelenmektedir. Ayrıca bu bölümde Intercarrier Agreements (Taşıyanlar arası anlaşmalar) ve Avrupa Birliği tüzükleri incelenmektedir. İkinci bölümde Türk Sivil Havacılık Kanunu ele alınmaktadır. Üçüncü bölümde, havayolu ile yük taşıma sözleşmesi ve hava yük senedi incelenmaktedir. Dördüncü bölümde, taşıyanın borçları ve hakları ele alınmaktadır. Beşinci bölümde, taşıtanın hak ve borçları ele alınmaktadır. Altıncı bölümde, gönderilenin hak ve borçları ele alınmaktadır. Yedinci ve son bölümde, taşıyanın sorumluluğu, sorumluluk halleri ve şartları, sorumluluğun sınırlandırılması, sınırsız sorumluluk ve sorumluluk davası incelenmektedir. ABSTRACTWith this research under the title "Air Carrier Liability in International Law, European Law and in Turkish Law' my purpose is to analyze liability of the carrier by air by comparing and contrasting the International and Turkish law and the European Union Legislation.The thesis, which is organized in seven parts, examines mainly the liability of the air cargo carrier, since the air transport covers a large concept of study. Therefore, the object of this study is the uniform law governing international carriage by air during international transportation of cargo which is primarily regulated by the Warsaw Convention, 1929. The first part of the thesis looks the evolution of the concept of air carrier liability in international law of civil aviation, the history of the Warsaw Convention including basic sources and subsequent amendments to the Warsaw Convention beginning from the Hague Protocol 1955 to the Montreal Convention 1999. It is also dealing with the Intercarrier Agreements and European Regulations. The second part deals with Turkish Civil Aviation Act. The third part deals with the contract for the carriage of cargo by air, and the air waybill. The fourth part deals with the rights and obligations of the carrier. The fifth part deals with rights and obligations of the consignor. The sixth part deals with the rights and obligations of the consignee. The seventh and last part deals with the liability of the carrier, liability grounds and conditions, principles of limitation of liability, unlimited liability and liability suit.

"Published by direction of the Government of the Federated Malay States." ; pt. 1. Wilkinson, R.J. Introductory sketch.-pt. 2. Rigby, J. The ninety-nine laws of Perak. ; Mode of access: Internet.

The 1951 Convention Relating to the Status of Refugees (&ldquo ; Refugee Convention&rdquo ; ) defines &lsquo ; persecution&rsquo ; based on five enumerated grounds: race, religion, nationality, membership of a particular social group, and political opinion. This list of protected groups has not changed in the nearly 70 years since its inception, although the political and social context that gave rise to the Refugee Convention has changed. This article examines how &lsquo ; membership in a particular social group&rsquo ; (&ldquo ; MPSG&rdquo ; ) has been interpreted, then surveys international human rights law, transnational criminal law, international humanitarian law, and international criminal law instruments to determine whether MPSG can encompass the broader protections afforded under other international law regimes. It concludes that the enumerated grounds are largely consistent with other instruments and protects, or at least has the potential to protect, many of the other categories through MPSG. However, as this ground is subject to domestic judicial interpretation and various analytical approaches taken in different countries, protection could be enhanced by amending the Refugee Convention to explicitly include additional protected groups from these other areas of international law, specifically international human rights law and international criminal law.

This article explores the understanding and use of the concept of vulnerability in European Union (EU) law, with a particular focus on the fields of criminal law and consumer protection law. It draws on Fineman's understanding of vulnerability as a universal phenomenon, and considers the scope for, and policy implications of, incorporating (further) such an approach within these fields of law. The article reveals that there is no common understanding of the concept of vulnerability in the fields of EU criminal law and consumer protection law, and there is a lack of overall coherence across these two fields of law. In fact, a common understanding is not even necessarily found within single fields. The purposes served by highlighting"vulnerable"groups and individuals in legislation differs, and references to"vulnerability" result in a stronger focus on the need for individualised assessments, and tailored measures, in EU criminal law than is the case for EU consumer protection law. Indeed, the provisions addressing "vulnerable" consumers are particularly brief and provide very little extra protection. However, both fields of EU law also reveal evidence of a universal approach to vulnerability being taken with regard to communication and information provision, which should be tailored to individual needs and abilities.

The objective of this article is to present the most significant recent case law of the Court of Justice of the European Union (CJEU) related to the competition law. Firstly, focus is given to some recent CJEU case law in the antitrust area, i.e. the judgments dealing with the application of Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU). A special attention is paid to the most recent CJEU case law analyzing the distinction between the object and effect of the prevention, restriction or distortion of competition. Secondly, some significant State aid cases are dealt with, i.e. the cases related to the application of Article 107 TFEU. Although the CJEU case law has not recently undergone major changes in the competition law field, the article reflects the main trends towards the current jurisprudence and what challenges may be expected in the future.

Goldsmiths'-Kress no. 30666.20. ; "With woodcuts." ; Imprint on cover: London, P. Richardson. ; Attributed to J. Watts Peppercorne by NUC pre-1956. ; Cover title: The Judaic-law, as opposed to the English poor law. ; Mode of access: Internet.

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.

To what extent is English Private Law being affected by the United Kingdom's membership of the European Union? I think we can try to answer this at three levels: (i) The United Kingdom's compliance with EU legislation; (ii) the influence of European ideas on English Private Law; (iii) the attitude in England towards greater harmonisation or possible unification of European Private Law