Search results for "Convent"
showing 10 items of 828 documents
Human Rights in Romanian Courts: A European Perspective?
2016
The perception and application of the European Convention on Human Rights by various national jurisdictions depends fundamentally on the way in which the Convention has been introduced into national law, as well as, in some countries, by how constitutional jurisdictions shaped this relationship. The article examines the reception of the Convention by a few European states, with a special regard on the case of Romania. Romanian courts, including the Constitutional Court and the supreme court, had a hesitant approach of the principle established by 1991 Constitution of the priority of international law of human rights over domestic law. In the context of the diversity of sources of the Europe…
I respingimenti in mare di migranti alla luce della Convenzione europea dei diritti umani
2009
Forcible return of migrants and the European Convention on human rights - Italian authorities have recently undertaken a new policy to face migration flows from north african coasts. Since May, 6th 2009 Italian coastguard and financial police vessels have intercepted a large number of boats carrying migrants and returned them to Libya, in force of a readmission agreement between Italy and Libya. These operations, even if they take place on the high seas, have to comply with the European Convention for Human Rights, considering that the migrants fall under jurisdiction of Italian authorities within the meaning of art. 1 of the Convention. In particular, on the basis of the European Court of …
Sustracción internacional de menores. Asunto vinculado con Suiza y España. Comentario de la sentencia de la Audiencia Provincial de Pontevedra (Secci…
2019
Resumen: Sustracción internacional a España de menor residente en Suiza en aplicación del Convenio de La Haya de 1980 sobre los aspectos civiles de la sustracción internacional de menores. Discrepancia sobre la residencia habitual del menor. No se aprecian motivos de no retorno.Palabras clave: sustracción internacional de menores, Convenio de La Haya sobre sustracción, Convenio de La Haya sobre responsabilidad parental y protección de menores, residencia habitualAbstract: International abduction to Spain of a minor residing in Switzerland under the Hague Convention on the Civil Aspects of International Child Abduction of 1980. Discrepancy about the habitual residence of the minor. No gro…
Sustracción internacional de menores y Convenio de la Haya de 1980. Comentario de la sentencia de la Audiencia Provincial de Las Palmas (Sección 3ª) …
2018
Resumen: Sustracción internacional a España de menor residente en Argentina en aplicación del Convenio de La Haya de 1980 sobre los aspectos civiles de la sustracción internacional de menores.Palabras clave: sustracción internacional de menores, Convenio de La Haya sobre sustracción, derecho de custodia, filiación.Abstract: International abduction to Spain of a minor residing in Argentina under the Hague Convention on the Civil Aspects of International Child Abduction of 1980.Keywords: International child abduction, Hague Convention on Child Abduction, rights of custody, filiation.
The Migration Crisis: An Introduction
2020
In 2015, the EU and its member states struggled to coordinate, communicate, and cooperate on the migration crisis as the chapters in this section show. Schilde and Wallace Goodman point out that while border security contains examples of deeper integration, asylum management policy has followed the scenarios of breaking down and muddling through. All the authors highlight the Dublin convention as particularly ill-devised and thus paving the way for the refugee crisis. Bosilca finds evidence for breaking down in addition to minimal reforms of border security policy that constitute muddling through. Crawford argues that the migration crisis provides evidence both of muddling through and headi…
The Convention For Choosing The Applicable Law – A Construction Specific For The Relationships Of Private Law With Foreign Element
2017
The legal relationships with foreign element generate the need to designate the law applicable in the conflict of laws. The national conflictual right and the European regulations govern the two complementary mechanisms for determining the law of the cause. Choosing the law by the parties gives expression to the subjective determination that, for some matters, is the rule, and for others, is the subsidiary solution. The recourse to the localization criteria of the applicable law signifies the objective determination of the law and contains variants that always lead to the identification of the lex causae. The method of concretizing the will of the parties is the choice convention of the app…
Recent Developments in International Investment Law
2016
International investment law remains a fast evolving and vibrant field of law with ongoing and recently-concluded investment treaty negotiations continually altering the status quo. It is a system at a crossroads of reform, generally focused on safeguarding the right of the host state to regulate and on improving the investor-state dispute settlement (ISDS) mechanism. But reform may also come into play in more far-reaching ways and significant changes are likely to see the day in the near future. One such change concerns the institutional architecture of the resolution of investment disputes, with the possible establishment of a permanent investment court and/or the introduction of an appel…
Addressing informality, gender and ethnicity in domestic labour
2014
The legal framework concerning household employment has undergone a number of changes worldwide. The 100th International Labour Conference in June 2011 was highly significant as it adopted the first international labour standards specifically for domestic workers: Convention No. 189 and the supplementing Recommendation No. 201. This article analyses recent Spanish reforms (2011–2013) in order to assess the effects of these changes, taking into account the characteristics of domestic work: feminized, informal, ethnicized and vulnerable. Although aimed at improving employment and working conditions, the new Spanish legislation has resulted in a number of setbacks as well as some progress. The…
Implementing Cultural Diversity Within and Outside the European Union: A Test for the Delineation of Competences in Cultural Matters?
1970
The purpose of this paper is to evaluate the European Union’s (EU) involvement in the protection of cultural diversity, both within and outside the EU, after the entering into force of the Lisbon Treaty, in 2009, and the adoption of the UNESCO Convention of 2005. The author examines whether this involvement can be depicted in concrete measures aiming at the effective internal and external implementation of the provisions of the UNESCO Convention of 2005. The author further seeks to analyse whether the entailed consequences of EU’s actions, including the erosion of the Member State's competences in the cultural field, was translated in concrete measures or if it still remains at the politica…
Convencionalismo ético en deporte D’Agostino y Morgan en torno a las reglas y convenciones en deporte
2015
In this paper we propose a comparison of the position of D’Agostino with other representatives of convention: William Morgan. We refer to D’Agostino’s position in the first section and in the second section to Morgan’s. We ask whether Morgan, moreover of register his thesis within the Conventionalism, participates also of the internalist conception of sport. Although both authors are conventionalists, there are many different shades that fit between their positions be