Jurnalul de Studii Juridice最新文献

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Legal Analysis Regarding the Potentiality of Considering Environmental Damage a War Crime 关于将环境损害认定为战争罪可能性的法律分析
Jurnalul de Studii Juridice Pub Date : 2022-03-28 DOI: 10.18662/jls/16.3-4/88
Blerton Sinani, Stefani Stojchevska
{"title":"Legal Analysis Regarding the Potentiality of Considering Environmental Damage a War Crime","authors":"Blerton Sinani, Stefani Stojchevska","doi":"10.18662/jls/16.3-4/88","DOIUrl":"https://doi.org/10.18662/jls/16.3-4/88","url":null,"abstract":"Triggered by the open letter from 24 scientists which calls on governments to draft a fifth Geneva Convention related toward a more explicit protection of the environment during an armed conflict between engaged states, this paper tends to analyze the legal potentiality of environmental damages being properly considered as war crimes. Simultaneously, this contemporary occurrence has certain influences upon international environmental law by critically reviewing the existing legislation concerning environmental damage and military activities, comparing the fundamental elements of both war crimes and crimes against humanity in order to determine potential conflicts of international norms, as well as objectively perceiving the legal benefits that could be obtained by the consideration of drafting newly developed principles, regulations and guidelines which should also include animals and non-human species to wildlife affected by war and military operations.","PeriodicalId":106812,"journal":{"name":"Jurnalul de Studii Juridice","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130060800","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Informed Consent - as a Protective Tool of the Right to Autonomy and Dignity of Human Subjects Participating in Biomedical Research, in the Context of the International Law of Human Rights 知情同意——在国际人权法范围内作为参与生物医学研究的人类受试者的自主和尊严权的保护工具
Jurnalul de Studii Juridice Pub Date : 2022-03-28 DOI: 10.18662/jls/16.3-4/90
A. Sandu
{"title":"Informed Consent - as a Protective Tool of the Right to Autonomy and Dignity of Human Subjects Participating in Biomedical Research, in the Context of the International Law of Human Rights","authors":"A. Sandu","doi":"10.18662/jls/16.3-4/90","DOIUrl":"https://doi.org/10.18662/jls/16.3-4/90","url":null,"abstract":"Informed consent is an instrument aimed at protecting the right to autonomy and dignity of human subjects participating in biomedical research. In this article, a series of forms of consent are presented, which together with informed consent, ensure the observance of these rights in accordance with the international law of human rights: delegated consent, broad consent and consent assent (in the case of minors). A series of normative acts issued by the United Nations, aplicable at a global level, or as part of the normative system of the Council of Europe and of the European Union, aplicable at an European level, are analyzed, as well as their reflection in the normative acts enforced, at a national level, in Romania.","PeriodicalId":106812,"journal":{"name":"Jurnalul de Studii Juridice","volume":"2022 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115680001","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The Right to Individual or Collective Self-Defense. Preventive Attack According to the Provisions of the UN Charter 个人或集体自卫权。根据《联合国宪章》的规定进行预防性攻击
Jurnalul de Studii Juridice Pub Date : 2022-03-28 DOI: 10.18662/jls/16.3-4/89
Dumitrița Florea
{"title":"The Right to Individual or Collective Self-Defense. Preventive Attack According to the Provisions of the UN Charter","authors":"Dumitrița Florea","doi":"10.18662/jls/16.3-4/89","DOIUrl":"https://doi.org/10.18662/jls/16.3-4/89","url":null,"abstract":"Geo-political interests have always played a significant role in the ongoing struggle for power, supremacy and leadership, especially among the leading states such as the US, China, Russia, etc. Since the creation of the first social communities and, to this day, with progress, only the method of struggle has changed, not the purpose. As long as money, prosperity and the desire to dominate rule this world, as long as there is tension and competition between states. Therefore, in order not to go beyond the extremes of this confrontation, which can lead to disastrous consequences for humanity, it is necessary to have a proper organization of nations, where under the control of diplomacy and security, the interests of the state are protected. Thus, in compliance with the provisions based on the peaceful conduct of international relations, it is ensured the dignity and protection of the State, which in the event of an act of aggression on the part of another State, which is the guilty state. The collective union of states, in compliance with these provisions, is a guarantor of international security and peace. We try to discuss in this study the correct method of conducting the right of self-defense according to the provisions of the UN Charter, in case of an armed conflict, frequently encountered at present, taking into account the emphasis on the misinterpretation of the without the authorization of the United Nations, which appeared after the terrorist act of September 11, 2001, in the USA.","PeriodicalId":106812,"journal":{"name":"Jurnalul de Studii Juridice","volume":"221 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123618116","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Invitation to Read. Review 邀请阅读。审查
Jurnalul de Studii Juridice Pub Date : 2022-03-28 DOI: 10.18662/jls/16.3-4/94
N. Aniţei
{"title":"Invitation to Read. Review","authors":"N. Aniţei","doi":"10.18662/jls/16.3-4/94","DOIUrl":"https://doi.org/10.18662/jls/16.3-4/94","url":null,"abstract":"The course \"Family Law. Marriage. Marriage regimes. Filiatia,\" discusses complex issues in the field of family relations, representing the expression of the constant concern of the prestigious author for knowledge and analysis from a scientific perspective of the literature and case law both from the perspective of Romanian and foreign law.","PeriodicalId":106812,"journal":{"name":"Jurnalul de Studii Juridice","volume":"50 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130452218","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Presentation: Case No 6816/99/2015, Matter: Labour disputes, Procedural status of the Case: Merits, Subject Matter: Legal Interest, Civil Judgment no.315/2016 Delivered by Iaşi Court - Civil Division I, Complet: Civ. CM10 陈述:案件编号6816/99/2015,案件事项:劳动争议,案件程序状况:案情,案件主题:法律利益,民事判决编号:315/2016由国际刑事法院民事一庭交付,完整:民事。CM10
Jurnalul de Studii Juridice Pub Date : 2022-03-28 DOI: 10.18662/jls/16.3-4/93
N. Aniţei
{"title":"Presentation: Case No 6816/99/2015, Matter: Labour disputes, Procedural status of the Case: Merits, Subject Matter: Legal Interest, Civil Judgment no.315/2016 Delivered by Iaşi Court - Civil Division I, Complet: Civ. CM10","authors":"N. Aniţei","doi":"10.18662/jls/16.3-4/93","DOIUrl":"https://doi.org/10.18662/jls/16.3-4/93","url":null,"abstract":"By an action registered with the Court of Iasi under no. 6816/99/2015, the plaintiff ANC sued UDG, requesting that it be ordered to pay the transitional compensation (doctorate bonus) from 02.10.2012-present, with interest and penalties; with court costs. \u0000In support of her action, the applicant submits the following: \u0000\"- order the defendant to pay the transitional compensation from 2 October 2012 - present with interest and related penalties; \u0000- order the defendant to pay the costs.\"","PeriodicalId":106812,"journal":{"name":"Jurnalul de Studii Juridice","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127089180","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Memory of Romanian Law. The Beginnings of Sibiu Law and Administrative Education 罗马尼亚法律记忆。锡比乌法律与行政教育的起源
Jurnalul de Studii Juridice Pub Date : 2022-03-28 DOI: 10.18662/jls/16.3-4/91
Emanuel Tăvală
{"title":"Memory of Romanian Law. The Beginnings of Sibiu Law and Administrative Education","authors":"Emanuel Tăvală","doi":"10.18662/jls/16.3-4/91","DOIUrl":"https://doi.org/10.18662/jls/16.3-4/91","url":null,"abstract":"In 2021 the Law Faculty of the public University in Sibiu is celebrating 50 years of continuous activity starting with 1971. Actually, this institution is one of the oldest juridical teaching institutions in Romania, but not having in mind 1971, but the first institution which was inaugurated in 1844 and closed in 1887. This is why the 2021 moment of the Legal School in Sibiu is a moment of reflection and in the same time of revealing the whole history of this school which marked the legal history of Transylvania and the Romanian national history in the same time. In this study there are some of the starting information about how the Imperial legal faculty in Sibiu / Hermannstadt was opened and how it functioned under legal and administrative aspects. The information is taken from the archives in Sibiu and Vienna and from the few articles which were written in foreign languages about this institution. \u0000The 2021 moment in the history of Sibiu law school brings with it the obligation of a reflection to situate this event, beyond a simple anniversary stop (counted now beginning with 1971, from the moment of its re-establishment) on the time scale and on the broader coordinates of the place and historical moments in the destiny of the Romanian nation, as well as Transylvanian public law and administration, whose specific dimensions and evolutions have shaped and reflected at the same time.","PeriodicalId":106812,"journal":{"name":"Jurnalul de Studii Juridice","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132472931","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Man and Woman - the Dilemma of Marital Evolution 男人和女人——婚姻进化的困境
Jurnalul de Studii Juridice Pub Date : 2022-03-28 DOI: 10.18662/jls/16.3-4/92
I. Apostu
{"title":"Man and Woman - the Dilemma of Marital Evolution","authors":"I. Apostu","doi":"10.18662/jls/16.3-4/92","DOIUrl":"https://doi.org/10.18662/jls/16.3-4/92","url":null,"abstract":"Although in the social discourse, men and women are characterized by values that are specific to modernity or postmodernity, however, the analysis of social data often shows that the process of evolution must be located rather at the intersection between tradition and modernity. Thus, the status of men and women is in the process of being reconstructed and this is not a comfortable stage, especially for men. Marital modernity requires, as a matter of priority, a re-evaluation of the role structure and gender relations in the direction of equity, and in this endeavor, the greatest challenge is felt by men, who have to relinquish the old advantages of their traditional status. In this respect, a first hypothesis would be to consider women as having the main role in stimulating this action, and men as being less motivated to give up, by their own accord, the advantages offered by the traditional marital framework. \u0000From another point of view, we rhetorically ask whether women are ready for this challenge and to what extent the social context becomes supportive in this transition of role and gender relations. \u0000The study aims to make an analysis of gender and marital role relations, in order to identify the challenges of functionality in the contemporary transitional couple.","PeriodicalId":106812,"journal":{"name":"Jurnalul de Studii Juridice","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121622683","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
COMMENTS ON THE OFFENCE OF KILLING OR INJURING A NEWBORN CHILD BY A MOTHER 对母亲杀害或伤害新生儿罪的评论
Jurnalul de Studii Juridice Pub Date : 2021-11-23 DOI: 10.18662/jls/16.1-2/82
C. Dobre
{"title":"COMMENTS ON THE OFFENCE OF KILLING OR INJURING A NEWBORN CHILD BY A MOTHER","authors":"C. Dobre","doi":"10.18662/jls/16.1-2/82","DOIUrl":"https://doi.org/10.18662/jls/16.1-2/82","url":null,"abstract":"The paper examines the problem of in vitro fertilization of the female egg and the male sperm, after which the resulting substance is inseminated into the body of the wife or of a mother engaged for this purpose, and also raises theoretical and practical problems, especially when the couple has not otherwise succeeded in giving birth to a child.","PeriodicalId":106812,"journal":{"name":"Jurnalul de Studii Juridice","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131749997","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
REVIEW - EUROPEAN PRIVATE INTERNATIONAL LAW IN INTERNATIONAL COMMERCIAL RELATIONS 回顾-国际商事关系中的欧洲国际私法
Jurnalul de Studii Juridice Pub Date : 2021-11-23 DOI: 10.18662/jls/16.1-2/86
N. Aniţei
{"title":"REVIEW - EUROPEAN PRIVATE INTERNATIONAL LAW IN INTERNATIONAL COMMERCIAL RELATIONS","authors":"N. Aniţei","doi":"10.18662/jls/16.1-2/86","DOIUrl":"https://doi.org/10.18662/jls/16.1-2/86","url":null,"abstract":"The reviewed book does not analyze all the provisions of European Private International Law, but only the relations between professionals in different fields and, tangentially, the relations of professionals with other categories of law subjects. This combination between aspects of international trade and the rules of European Private International Law is unique and very welcomed in the domestic legal landscape, especially since Carmen Tamara Ungureanu opts for issues that a lawyer faces daily, issues of current interest, particularly in the context of technological development and the European Union's choice and ambition to become a world leader in the digital economy.","PeriodicalId":106812,"journal":{"name":"Jurnalul de Studii Juridice","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121445612","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
ONCE MORE, ON POLITICIZING CIVIL SERVICE IN ROMANIA AND EUROPE 再一次,罗马尼亚和欧洲的公务员制度政治化
Jurnalul de Studii Juridice Pub Date : 2021-11-23 DOI: 10.18662/jls/16.1-2/80
Madalin Mihailescu
{"title":"ONCE MORE, ON POLITICIZING CIVIL SERVICE IN ROMANIA AND EUROPE","authors":"Madalin Mihailescu","doi":"10.18662/jls/16.1-2/80","DOIUrl":"https://doi.org/10.18662/jls/16.1-2/80","url":null,"abstract":"Obviously, the most recent tumultuous changes in the Romanian legislative area regarding the public administration or civil servants inevitably led to discussions as well as queries regarding the real / authentic reform of the administration, how deep the political interferences in the current administration have become, or to what extend the appointments in civil service are based on the value and professionalism of the nominated ones. The article herein aims to debate upon the way the status of the prefect has evolved over time in Romania, but also in other European countries, but also to what extent the political environment has brought a positive or negative influence. Moreover, we consider that it is necessary to analyze all these aspects having regard to the amendment of the Administrative Code by the Emergency Ordinance no. 4/2021.","PeriodicalId":106812,"journal":{"name":"Jurnalul de Studii Juridice","volume":"108 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122543192","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
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