Search results for "National Law"
showing 10 items of 223 documents
Comparative study of the North American Free Trade Agreement and the United States – Mexico – Canada Agreement: the compromised deal of the free trade
2019
The main objective is to analyze two treaties – the old North American Free Trade Agreement (NAFTA) and the new United States-Mexico-Canada Agreement (USMCA), to evidence the similarities and differences between two drafted agreements, and it aims to establish, what new issues shall be considered in drafting the Free Trade Agreements to establish mutually beneficial trade relationships with their trade nations. This thesis presents qualitative research, which to a major extent is based on the comparative historical analysis approach towards analyzing trade issues of NAFTA and the USMCA.
Las recientes reformas europeas en materia de libertad sindical y negociación colectiva: ¿Tiene algo que decir el Tribunal Europeo de Derechos Humano…
2019
In June 2012, the European Union (EU) disbursed 41.3 billion Euros to the Spanish government to cover the banking liquidity needs. This "rescue" not only involved reforms related to the regulation of the financial sector. They also brought the labor reforms of 2010-2012. Such reforms involved a radical change in the model of Union Law in our country, and were originated in the context of a UE procedure for excessive deficit. Within the framework of this procedure, Spain had to address the reform of the labor relations system. Law 3/2012, of July 6, of urgent measures for the reform of the labor market, complied with the conditions imposed by the European Council to that effect. The internat…
Guerre juste et droit de la guerre dans l’"Encyclopédie"
2010
In the vast reform program sketched by the chevalier de Jaucourt in the Encyclopédie for the modernization of justice, one point is particularly close to his heart: humanizing the rules of war. Drawing from the philosophies of Grotius and Montesquieu, his articles devoted to the question of a just war (CONQUEST, DAMAGE, DESERTER, ENEMY, PRISONNER OF WAR, RETALIATION, WAR, etc.) argue for the subordination of the political to moral reason and work towards the advent of international humanitarian law.
Vicarious liability for the carrier by river ?
2007
AbstractA case-study of a litigation during the years 1566–1574 between merchants from Oudenaarde and the Corporation of Free Shippers in Ghent shows that the corporation's liability for damage caused by one of its members was controversial. Although art. 20 of the ordinance of 14 February 1541 appeared to phrase the corporation's vicarious or subsidiary liability in general terms, the corporation's counsel, assisted by consultancies from a.o. E. Leoninus and J. Wamesius, successfully argued that in the light of the ordinance's rationale, which limited the free shippers' privileges in the aftermath of Charles V's punishment of Ghent in 1540, the corporation's liability had correspondingly t…
Dutch litigation before the Great Council of Mechlin : An additional calendar of the 'Appeals from Holland'
2009
AbstractM. Oosterbosch's additional calendar of documents belonging to the series 'Appeals from Holland' (Brussels, General Archives of the Realm, Collection Great Council of Mechlin) refers to hitherto unknown documents which may encourage fresh thematic research and case-studies on conflicts and litigation which originated mostly from Holland and Zeeland (from the 1460s until the 1580s), and to a lesser extent from Utrecht and (also during later periods) from Gelderland.
The barratry of the shipmaster in early modern law: polysemy and mos Italicus
2019
Summary ‘Barratry’ is a polysemic term: it means deceit, bribe, simony, and fraud of the shipmaster. This article seeks to trace the origins of the word and to explore its different meanings, focusing especially on the influence that older meanings had on the development of more recent ones. This operation is of particular importance to understand the meaning of barratry that would appear for last – that of fraud of the shipmaster. By the time civil lawyers started dealing with maritime barratry, they were already well familiar with the other meanings of the term. This probably favoured the adaptation process, but it also left a deep mark on its outcome: the weight of those other meanings o…
The Barratry of the Shipmaster in Early Modern Law: The Approach of Italian and English Law Courts
2019
Summary For a long time, the concept of barratry (at least in its maritime meaning) was one and the same on both sides of the Channel. The barratry of the shipmaster was part of the mercantile usages, and it identified the intentionally blameworthy conduct of the master. When law courts began to decide on insurance litigation they were confronted with a notion quite alien to them. Broadly speaking, the shipmaster’s barratry could well be considered a fraud of sort. But in order to decide on its occurrence in a specific case, law courts had to analyse it in legal terms, and so according to the specific legal categories of their own system. The point ceases to be trivially obvious if we think…
The European Courts and the Security Council: Between Dédoublement Fonctionnel and Balancing of Values: a Rejoinder to Grainne de Burca, André Nollka…
2009
* Professor of International Law, University of Naples ‘ Federico II ’ . Email: padesena@tin.it ; Associate Professor of International Law, University of Palermo. Email: chiara.vitucci@unipa.it 1 Nollkaemper, ‘ The European Courts and the Security Council: Between Dedoublement Fonctionnel and Balancing of Values: A Reply to De Sena and Vitucci ’ , 20 EJIL (2009) 862. Andre Nollkaemper, Grainne de Burca and Iris Canor have made a number of critical observations which are – in part at least – interesting and useful. A full examination of them would probably demand more time and more space than we have been given here. Nevertheless, we will try to reply to some of their remarks and to clear up…
Human dignity as a foundational value of peremptory norms in international law
2020
The appeal of the idea of a morally structured, systemized international legal system implied by the jus cogens regime has resulted in an abundance of literature covering different aspects of this normative category. This article discusses a comparatively under-explored issue in this field, that is, the foundational values of peremptory norms and, in particular, invites the reader to consider the value of human dignity as one such underlying value. An in-depth analysis of the definition of jus cogens as included in the Vienna Convention on the Law of Treaties reveals that the values that peremptory norms are believed to represent are intertwined with such notions as the international commun…
Così in mare come in terra: cosa resta del diritto d’asilo e dell’orizzonte dei diritti umani
2021
Dopo avere illustrato brevemente i principi che sostanziano il diritto d'asilo, e la loro centralità all'interno del sistema dei diritti umani, il saggio analizza le politiche migratorie contemporanee per come agiscono ai confini dell'Unione europea, in special modo nel Mare Mediterraneo, e, in Italia, dopo l'ingresso sul territorio dei e delle richiedenti asilo. Queste politiche si dimostrano incompatibili con il rispetto dei principi dell'asilo, ed anzi strutturalmente improntate alla loro violazione, mettendo a rischio la tutela e l'esercizio delle libertà e dei diritti non solo per le persone migranti.