Search results for " private law"

Interpretation of manifest excess of powers with regard to jurisdictional and applicable law matters in the ICSID annulment proceedings within the me…

2019

There are a limited number of post-award remedies available, the annulment mechanism being the only plausible way to challenge the award. The annulment provision, Article 52, allows challenging the award with regard to the procedural matters only. The most frequently ground for annulment is “manifest excess of powers” as listed in the said provision. However it is not identified what errors of a Tribunal fall within this ground, as well as there is nothing about applicable law and jurisdictional matters in the provision. The thesis aims to analyze how the “manifest excess of powers” is interpreted and applied with regard to jurisdictional and applicable law matters. While some of the errors…

One House for €1: Case Studies on the Governance of Abandoned Properties in Small Villages

2021

Abstract This proposal aims at analyzing the Italian initiative “Case a 1 €” launched in 2009 for the preservation of abandoned goods, in Gangi, a small village near Palermo. The Municipality has put for sale the ruined houses for the symbolic prize of 1 €. As this initiative has been imitated by other municipalities in Italy and thus become a model, my intention is to explore how it works based on two different levels of investigation, in terms of: 1) contractual schemes (parties and respective rights and obligations) and 2) policy choices, comparing proposed and achieved goals by the administrations and the parties. Some relevant issues arise after 12 years: is the initiative an appropria…

Legal Science: Functions, Significance and Futurein Legal Systems II: Collection of Research Papers in Conjunction with the 7th International Scienti…

2020

The path to privatization of EU antitrust enforcement: a critical estimate

2011

The right to claim for damages if one of the party located on the vessels: Jurisdiction and applicable law

2017

The Masters thesis will resolve some important thesis for parties’ rights to claim for damages if other party breach the contract or agreement. This work is divided into four main sections: first part International contracts sales of goods and its relation to contracts for the carriage of goods by sea; the second part the biggest emphasis will be to draw on the contracts for the carriage of goods by sea; and the third part will be concentrated to applicable law in disputes arising from loss or damage of cargo or delay; and the fourth applicable jurisdiction in disputes arising from international contracts for the carriage of goods by sea.

Le siège de l'arbitrage international

2021

In international matters, the arbitral tribunal has no choice but to settle in the territory of a State in order to render its award. The choice of this "host State" would then determine the seat of international arbitration. But what choice do we make? How? By whom ? What to do in case of uncertainty of this choice? What effects will this determination then have in creating the tribunal, in rendering and enforcing its award, or in choosing the applicable laws? There is no single answer to these simple questions. Indeed, international arbitration law attaches varying importance to the notion of seat, in the sense that it will depend primarily on one's vision of the place and source of arbit…

Cultural Heritage as a Legal Hybrid. Between Public and Private Law

2022

Presents the legal concept of cultural heritage in the context of international public and private law Adopts a broad perspective on cultural heritage while presenting current challenges and emerging trends Provides recent legal challenges in the area of cultural heritage that have to be considered by policymakers

Legal questions on financial market abuse

2015

Purpose – The purpose of this study is to underline the impact that globalization of financial markets has on national punishment policies. The US financial crisis has strongly affected consumers’ lives, but the focus of this research is on the national provisions against the illegal and unfair behaviour of economic actors, with special regard to a phenomenon that took place abroad, but whose effects came to light in many different countries. Design/methodology/approach – Different methodological approaches, both deductive and inductive, are combined in the present paper, together with comparative and philosophical insights on national Court decisions and scholar writings. Findings – As Eu…

“Sicherungsverwahrung” (preventive detention) in Germany under the scrutiny of the ECHR

2020

The societal challenge how to deal with offenders deemed habitually dangerous, requires to balance needs for security of the general public with the human rights of the potential extreme dangerous offender. The prediction of future heavy crimes can never be precise. Hence, all measures infringing the rights of individuals deemed dangerous are very problematic from a human rights perspective. Germany uses “Sicherungsverwahrung” (preventive detention) to handle this challenge. The concept basically meant that after their prison-sentence, offenders deemed dangerous were kept in prison like conditions until they were not deemed dangerous anymore. The European Court of Human Rights (ECtHR) inter…

L’INTRODUZIONE ALLA PROBLEMATICA DELLA «PROPRIETÀ» NEL QUADRO DELLE RILETTURE COSTITUZIONALI DEL DIRITTO PROPRIETÀ

2021

Pietro Perlingieri's book "Introduction to the problematic of property", published in 1970, is re-read in the light of the Italian debate on the constitutional interpretation of property law