Search results for "international private law"
showing 8 items of 8 documents
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…
Legal Science: Functions, Significance and Futurein Legal Systems II: Collection of Research Papers in Conjunction with the 7th International Scienti…
2020
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.
“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…
Mass phone surveillance programs – security vs. civil liberties?
2017
Following September 11 attacks, America has increased its intelligence and defense capabilities. In particular, a historic law named USA Patriot Act was passed by Bush administration together with President’s Surveillance Program. Though the emotional trauma and immediate strategic need to defend the homeland is understandable as it is commendable that the law was passed relatively quick, the Constitution of the United States is what makes this nation so developed and great. This inquiry will take a deep look into the law in relation to unwarranted surveillance over phone activities of the people and assess its constitutionality. To support the assessment, the development of the relevant la…
Digital age and corporate taxation. European Union on the way to create a unilateral digital taxation regime
2019
The digitalization of the economy has rapidly changed the outlook of the business models today. It is no longer necessary for an entity to be located within a country to generate enormous amounts of revenues deriving from it. At the same time, the corporate taxation principles have not changed in order to adopt to this situation- when establishing the place of taxation they do not take into the consideration where the consumers are located. Thereby, an unfair treatment towards Member States has been created as today large revenues for big tech companies can be created within their territory without having a burden to pay a tax. Answering to the global discussion the European Commission has …
Searching for a common core of family law in Europe
2018
In this Article the Author, a member of the group of European investigators involved in the searching process for a Common Core of Family Law in Europe, does not want to present the results of the project, that will be published in a forthcoming volume, but, instead, seeks to distinguish the FLCCP (Family Law Common Core Project) from similar research experiences, such as the CEFL (Commission of European Family Law) one. In order to highlight these differences, in the first part (paragraphs 1,2,3) the paper describes the goals of the Common Core Project and the methodology it employs, making references to the Cornell’s Studies, the Schlesinger’s factual approach and the Sacco’s formants the…
The variation of the law applicable to the family property regime in EU regulations n. 2016/1103 and 1104
2021
The essay examines the discipline of EU regulations n. 2016/1103 and 1104 concerning the identification of the law applicable to the family property regime. Specifically, the work reflects on problems arising after a change, during the relationship, of the substantial law applicable to the couple?s property regime.