International and Comparative Law Review最新文献_第2页

Legal and Procedural Issues arising from the Expulsion of the Russian Federation from the Council of Europe 俄罗斯联邦被驱逐出欧洲委员会所引起的法律和程序问题

International and Comparative Law Review Pub Date : 2023-08-01 DOI: 10.2478/iclr-2023-0005

Konstantinos D. Magliveras

{"title":"Legal and Procedural Issues arising from the Expulsion of the Russian Federation from the Council of Europe","authors":"Konstantinos D. Magliveras","doi":"10.2478/iclr-2023-0005","DOIUrl":"https://doi.org/10.2478/iclr-2023-0005","url":null,"abstract":"Summary On 16 March 2022, the Russian Federation’s membership in the Council of Europe was terminated with immediate effect on account of its aggression against Ukraine. The purpose of this article is twofold. First, to analyze the content of the suspension and expulsion clause in the Council of Europe Statute (Article 8), to put it into context with three other relevant provisions, namely the clause on Member States’ obligations (Article 3), the withdrawal clause (Article 7) and the clause on suspension due to the non-payment of compulsory contributions (Article 9). Second, to argue that the way the Russian Federation was expelled as well as the consequences of its expulsion, raise several legal and procedural issues. Among them, whether it should have been given the opportunity to justify the use of force against Ukraine; whether, as stipulated in Article 8, it should have been requested to voluntarily withdraw before having its membership terminated; which were the effects of the Russian Federation’s announcement that it will withdraw, which was made before it was expelled; and whether the decision that it remains a party to the European Convention on Human Rights until mid-September 2022 was legally sound. The article will also argue that the rule of law, one of the Council of Europe’s cornerstones, has a wider application than a principle to be respected by Member States and forms part of its internal legal order.","PeriodicalId":36722,"journal":{"name":"International and Comparative Law Review","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135053046","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

Economic Abuse and Criminal Responsibility: Lithuanian Case Law on Domestic Violence 经济虐待和刑事责任:立陶宛关于家庭暴力的判例法

International and Comparative Law Review Pub Date : 2022-12-01 DOI: 10.2478/iclr-2022-0023

Ramunė Jakštienė

引用次数: 0

The increasing role of the Charter when establishing the ‘genuine enjoyment’ test for static EU citizens – A result of the ECHR’s shortcomings? 在为欧盟公民建立“真正享受”测试时，宪章的作用越来越大——这是《欧洲人权公约》缺陷的结果?

International and Comparative Law Review Pub Date : 2022-12-01 DOI: 10.2478/iclr-2022-0018

Jennie Edlund, V. Stehlík

引用次数: 0

The Gaps in the Regulation of Prohibition of Reformatio in Peius in Slovak Administrative Law in Central European Perspective 中欧视角下斯洛伐克行政法Peius禁止改革规定的空白

International and Comparative Law Review Pub Date : 2022-12-01 DOI: 10.2478/iclr-2022-0024

Zuzana Hamuľáková

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Institutions Strengthening the Position of the Injured Party of the Offence of Failure to Pay Alimony under Section 196 of the Czech Criminal Code and in Selected European Legal Regulations 加强捷克刑法第196条和某些欧洲法律条例规定的不支付赡养费罪行受害方地位的制度

International and Comparative Law Review Pub Date : 2022-12-01 DOI: 10.2478/iclr-2022-0025

Ivana Rabinská

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The Significance of the Ultimatum in International Law: The Responsibility of the Head of the USSR for the Events of January 1991 in Lithuania 最后通牒在国际法中的意义:苏联元首对1991年1月立陶宛事件的责任

International and Comparative Law Review Pub Date : 2022-12-01 DOI: 10.2478/iclr-2022-0014

Edita Gruodytė, Mindaugas Rumšas

{"title":"The Significance of the Ultimatum in International Law: The Responsibility of the Head of the USSR for the Events of January 1991 in Lithuania","authors":"Edita Gruodytė, Mindaugas Rumšas","doi":"10.2478/iclr-2022-0014","DOIUrl":"https://doi.org/10.2478/iclr-2022-0014","url":null,"abstract":"Summary This article analyzed the significance of the ultimatum as a means of declaring aggression against another state in international law, and what influence it has in evaluating the actions of the head of USSR in the context of the events of January 13th 1991. The first part of the article analyzed the classical concept of ultimatum and its meaning in international law. Later, alternative forms of expression of ultimatum, which were formed in the 20th century, and practiced during international conflicts, and their assessment in international law, were analyzed. Finally, after refining the existing legal significance of the ultimatum, we analyzed the significance of the ultimatum against Lithuania issued by the head of the USSR on 10 January 1990, We also examined his further actions on 11–13 January 1991 in evaluating assumptions of his personal responsibility as head of USSR of the armed forces regarding the tragic events of January 13th 1991. As a result of the investigation, it was concluded that the ultimatum of the head of the USSR issued on January 10th, 1991, within the meaning of international law, had a direct connection in the assessment of the issue of criminal liability in relation to international crimes committed by the armed forces of the USSR. The aggressive foreign policy pursued by the head of the USSR in expressing it within a tacit ultimatum based on the try and see method, and subsequently international crimes against the Lithuanian state committed by military units, are considered the actual basis for the emergence of personal criminal liability of the head of the USSR for the events of January 13th, 1991 under international law.","PeriodicalId":36722,"journal":{"name":"International and Comparative Law Review","volume":"22 1","pages":"43 - 65"},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43672385","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 Singapore Mediation Convention and International Business Mediation 新加坡调解公约与国际商事调解

International and Comparative Law Review Pub Date : 2022-12-01 DOI: 10.2478/iclr-2022-0021

M. Malacka

{"title":"The Singapore Mediation Convention and International Business Mediation","authors":"M. Malacka","doi":"10.2478/iclr-2022-0021","DOIUrl":"https://doi.org/10.2478/iclr-2022-0021","url":null,"abstract":"Summary The article deals with the International Business Mediation and Singapore Mediation Convention on enforcing cross-border mediated settlement agreements. Mediation, as an alternative dispute resolution method, is widely preferred by parties with disputes in many countries. For this reason, in relation to ADR methods including mediation, both in Anglo-American Law and in Continental European Law, various technical and legal arrangements have been made. Mediation Laws in the EU have become one of the regulations bringing out rules that are in conformity with the new developments reflected also in the Singapore Convention on Mediation. Harmonisation initiatives in the EU and in the global world are not confined to intergovernmental activities. The same is also currently ongoing in the field of unification. Also, the private business sector, less restricted by jurisdictional boundaries, is increasingly driving harmonisation in mediation practice and law. As applicable national mediation law is often the same for cross-border and domestic applications, the Singapore convention introduces a contemporary definition of mediation procedural law and offers positive factors that shape it globally. Relevant national and international aspects are presented throughout the first part of this study, with specific sections on international business mediation and international instruments of private international law.","PeriodicalId":36722,"journal":{"name":"International and Comparative Law Review","volume":"22 1","pages":"179 - 196"},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42451243","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 Person of the Arbitrator in Comparative Perspective of Czech and German Law 捷克与德国法律比较视野中的仲裁人

International and Comparative Law Review Pub Date : 2022-12-01 DOI: 10.2478/iclr-2022-0022

Lukáš Ryšavý

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“The Right to be Remembered?”: The Contemporary Challenges of the “Streisand Effect” in the European Judicial Reality “被记住的权利?”“史翠珊效应”在欧洲司法现实中的当代挑战”

International and Comparative Law Review Pub Date : 2022-12-01 DOI: 10.2478/iclr-2022-0017

Hovsep Kocharyan, Ondrej Hamuľák, Lusine Vardanyan

引用次数: 1

Cyber Operations against Critical Financial Infrastructure: a Non-Destructive Armed Attack? 针对关键金融基础设施的网络行动：非破坏性武装攻击？

International and Comparative Law Review Pub Date : 2022-12-01 DOI: 10.2478/iclr-2022-0013

Jakub Spáčil

引用次数: 0