Zbornik Radova Pravni Fakultet u Novom Sadu最新文献_第3页

System of exceptions to the application of the poisonous tree doctrine 适用毒树学说的例外制度

Zbornik Radova Pravni Fakultet u Novom Sadu Pub Date : 2015-01-01 DOI: 10.5937/ZRPFNS49-9142

I. Ištvan

引用次数: 0

Security for costs in ICC and ICSID arbitration 国际商会和ICSID仲裁费用担保

Zbornik Radova Pravni Fakultet u Novom Sadu Pub Date : 2015-01-01 DOI: 10.5937/ZRPFNS49-9014

D. Maja

{"title":"Security for costs in ICC and ICSID arbitration","authors":"D. Maja","doi":"10.5937/ZRPFNS49-9014","DOIUrl":"https://doi.org/10.5937/ZRPFNS49-9014","url":null,"abstract":"The Article is about security for costs in international arbitration under the ICC and ICSID Rules. It explains who is entitled to submit such a request, what kind of costs are secured, whether the tribunal has authority to order such measure, and the basis of such authority. This is followed by the discussion of the conditions for ordering the measure and the reasons that speak against it. Among various exceptional circumstances justifying the measure that are mentioned in arbitral case law, the following are discussed in more detail: manifest insolvency or bankruptcy of the claimant, SPV as claimant, third party financing of the claim, change of circumstances, respondent is not a signatory to the arbitration agreement, and probability that respondent will be awarded costs. Reasons speaking against the measure mentioned in the cases are the following: consent to the risk of insolvent claimant, access to arbitral justice, equity, respondent's bad faith, and untimeliness of the request. Finally, certain questions of procedure are discussed such as burden of proof and consequences of claimant's non-compliance with the order to pay security. The author concludes that in ICC and ICSID arbitration arbitrators are reluctant to order security for costs although such requests by respondents have become more frequent in recent times. The threshold respondent must pass to convince the tribunal that there are exceptional circumstances justifying the measure is high. The fact that claimant is insolvent alone does not suffice for the success of such request.","PeriodicalId":31571,"journal":{"name":"Zbornik Radova Pravni Fakultet u Novom Sadu","volume":"49 1","pages":"499-520"},"PeriodicalIF":0.0,"publicationDate":"2015-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71227039","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

Requirements for detection of environmental crime 环境犯罪侦查要求

Zbornik Radova Pravni Fakultet u Novom Sadu Pub Date : 2015-01-01 DOI: 10.5937/zrpfns49-9082

M. Pisarić

引用次数: 0

The principle of equal consideration and laesio enormis in the law of contracts 合同法中的同等对价原则和巨大罪原则

Zbornik Radova Pravni Fakultet u Novom Sadu Pub Date : 2015-01-01 DOI: 10.5937/zrpfns49-8383

Z. M. Darija

引用次数: 1

Riparian water rights 河岸水权

Zbornik Radova Pravni Fakultet u Novom Sadu Pub Date : 2015-01-01 DOI: 10.5937/ZRPFNS49-9556

M. Salma

{"title":"Riparian water rights","authors":"M. Salma","doi":"10.5937/ZRPFNS49-9556","DOIUrl":"https://doi.org/10.5937/ZRPFNS49-9556","url":null,"abstract":"The paper offers analysis of a right to existential use of water resources (public waterways and water recipients) by owners of agricultural law located immediately next to these types of water resources. This right covers the right to drinkable water, livestock drinking water and basic irrigation without a use of special irrigation equipment. The right-holder of the listed types of the use of water resources is different from the right-holder of the general use of water resources. In the earlier case the right-holder is the owner of the riparian agricultural land. The holder of the general right of use may be any person, under equal terms, regardless of whether he owns agricultural or other type of land next to the waterway. The right of the riparian land owners differs from the general right of use because they enjoy priority over the right of use by other persons holding general rights of use over waterways. The water rights of riparian land owners overlaps with the general right of use in that it covers the use of water for existential needs. The rights of the riparian land owner are different from the so called special or commercial use of water resources (use of water and water power for commercial purposes, such as production of electrical power, etc.). The difference is that the rights of the riparian land owners is derived directly from the law, without the need for any action by the state organs (water resource permits) and is free of charge. On the other hand, the right to commercial use of public water resources is always based on water use permits or approvals and concession agreements and is associated with a fee payable to the owners of the public water resource.","PeriodicalId":31571,"journal":{"name":"Zbornik Radova Pravni Fakultet u Novom Sadu","volume":"49 1","pages":"1571-1582"},"PeriodicalIF":0.0,"publicationDate":"2015-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71227752","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

Novelties introduced by the Council of Europe Convention on preventing and combating violence against women and domestic violence 《欧洲委员会关于防止和打击暴力侵害妇女行为和家庭暴力的公约》提出的新措施

Zbornik Radova Pravni Fakultet u Novom Sadu Pub Date : 2014-01-01 DOI: 10.5937/ZRPFNS48-6730

Gordana Kovaček-Stanić, S. Samardžić

{"title":"Novelties introduced by the Council of Europe Convention on preventing and combating violence against women and domestic violence","authors":"Gordana Kovaček-Stanić, S. Samardžić","doi":"10.5937/ZRPFNS48-6730","DOIUrl":"https://doi.org/10.5937/ZRPFNS48-6730","url":null,"abstract":"Violence as a phenomenon inherent to man, from the outset, can be manifested in different forms. According to statistics, the number of women who have suffered some form of violence is disturbingly great. Domestic violence and violence against women is a serious problem on which work on an international level has recently began. Some international organizations indirectly dealt with this issue in instruments which refer to the protection of human rights. At the European level, in 2011, the Convention of the Council of Europe (so-called Istanbul Convention), was adopted which was the first legally binding instrument on the European continent, that deals with the prevention of violence against women, protection of them and punishing the perpetrators. The Convention entered into force in 2014, and Serbia is one of the countries that have ratified this Convention. This paper aims to presents novelties that will be brought to the domestic legal system by this convention, with simultaneous analysis of the situation in Montenegro, where in 2010 the Law on Protection against Domestic Violence was enacted.","PeriodicalId":31571,"journal":{"name":"Zbornik Radova Pravni Fakultet u Novom Sadu","volume":"48 1","pages":"93-115"},"PeriodicalIF":0.0,"publicationDate":"2014-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.5937/ZRPFNS48-6730","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71226692","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 specifics of suspending prison sentences and the execution of incarceration measures with regard to pregnancy and the personality of a woman 关于怀孕和妇女个性的缓刑和监禁措施执行的具体情况

Zbornik Radova Pravni Fakultet u Novom Sadu Pub Date : 2014-01-01 DOI: 10.5937/zrpfns48-6735

I. Milić

引用次数: 0

Labeling of genetically modified food and consumers' rights 转基因食品的标签与消费者的权利

Zbornik Radova Pravni Fakultet u Novom Sadu Pub Date : 2014-01-01 DOI: 10.5937/ZRPFNS48-7583

Dragan Vujisić, B. Mihajlović

引用次数: 0

Abolition of exequatur for judgments requiring the return of a child in practice: The Povse case 在实践中废除要求归还儿童的判决:波夫斯案

Zbornik Radova Pravni Fakultet u Novom Sadu Pub Date : 2014-01-01 DOI: 10.5937/ZRPFNS48-7264

Bernadet Bordaš

{"title":"Abolition of exequatur for judgments requiring the return of a child in practice: The Povse case","authors":"Bernadet Bordaš","doi":"10.5937/ZRPFNS48-7264","DOIUrl":"https://doi.org/10.5937/ZRPFNS48-7264","url":null,"abstract":"Brussels II bis Regulation is the first source of law of EU private international law that introduces abolition of exequatur for specific judgments given pursuant to Article 11(8) which require the return of the child. The goal of the abolition of exequatur is to achieve a rapid return of the child to his country of habitual residence immediately prior to her/his wrongful removal. This goal has to be reached, inter alia, by reducing the jurisdiction of the State of enforcement of certified judgments to questions of enforcement stricto sensu under the national procedural law of that State. On the other hand, the State of origin of the judgments shall be responsible for all matters relating to the merits of the judgments and to the certification of these judgments, this latter substituting the procedure of exequatur in the Member State of enforcement. The Povse case shows that complex facts of a case, proceedings before the respective national courts, the time needed for the interpretation of union law by the Court of EU, and the international law on the protection of human rights questions the goal of abolition of exequatur under this Regulation.","PeriodicalId":31571,"journal":{"name":"Zbornik Radova Pravni Fakultet u Novom Sadu","volume":"17 1","pages":"107-128"},"PeriodicalIF":0.0,"publicationDate":"2014-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.5937/ZRPFNS48-7264","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71226494","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

Territorial disputes in international arbitration practice 领土争端在国际仲裁实践中的应用

Zbornik Radova Pravni Fakultet u Novom Sadu Pub Date : 2014-01-01 DOI: 10.5937/ZRPFNS48-7491

Tubić Bojan

引用次数: 0