International and Comparative Law Review最新文献_第6页

Istanbul Convention, Honour Killings and Turkey’s Experience 伊斯坦布尔公约，荣誉杀人和土耳其的经验

International and Comparative Law Review Pub Date : 2021-06-01 DOI: 10.2478/iclr-2021-0003

U. Mammadova, Kristi Joamets

引用次数: 1

Reforming the International Criminal Court (ICC): Progress, Perils and Pitfalls Post the ICC Review Process 国际刑事法院改革：国际刑事法院审查进程后的进展、危险和陷阱

International and Comparative Law Review Pub Date : 2021-06-01 DOI: 10.2478/iclr-2021-0001

J. Sarkin

引用次数: 1

Binding or Non-Binding: Analysing the Nature of the Asean Agreements 约束性或非约束性:东盟协定的性质分析

International and Comparative Law Review Pub Date : 2021-06-01 DOI: 10.2478/iclr-2021-0004

Harsh Mahaseth, Karthik Subramaniam

引用次数: 2

The Concept of Child and its Legal Synonyms In Polish Criminal Law 波兰刑法中的儿童概念及其法律同义词

International and Comparative Law Review Pub Date : 2021-06-01 DOI: 10.2478/iclr-2021-0008

O. Sitarz, Anna Jaworska-Wieloch

引用次数: 1

Caractéristiques Et Conséquences Des Dispositions Constitutionnelles Relatives à La Responsabilité Budgétaire En Slovaquie 斯洛伐克关于预算责任的宪法规定的特点和后果

International and Comparative Law Review Pub Date : 2021-06-01 DOI: 10.2478/iclr-2021-0009

Marián Giba, Vincent Bujňák, Frédéric Delaneuville

引用次数: 0

Conflict of Laws, Choice of the Forum Court in the us, and the Due Process in Family Law Disputes 法律冲突、美国法院的选择与家庭法纠纷的正当程序

International and Comparative Law Review Pub Date : 2021-06-01 DOI: 10.2478/iclr-2021-0007

Zia Akhtar

{"title":"Conflict of Laws, Choice of the Forum Court in the us, and the Due Process in Family Law Disputes","authors":"Zia Akhtar","doi":"10.2478/iclr-2021-0007","DOIUrl":"https://doi.org/10.2478/iclr-2021-0007","url":null,"abstract":"Summary In the United States (US) the family law litigant will have to consider the implications of laws that are federally recognised and those which the state embodies in its own family law statutes. The function of the equal protection clause and due process clause of the Fourteenth Amendment of the Constitution protects the parties in family disputes that reach the court. The operation of the Full Faith and Credit Clause is an important consideration and is central to the question if the court can apply the law of the forum court (lex fori) or that of the state where the dispute emanated. The federal constitution allows the state courts to apply marriage laws of another state. If the issue is procedural, then the law of the state will be applied where the dispute that gave rise to the litigation (lex loci). This paper examines the interstate in family law by considering marriages, child custody, and adoption rules and it enquires whether the courts have been sufficiently consistent in interpreting family law of the state in accordance with Article IV, Section 1. There is also a section that compares the law in the US with the application of the lex fori rules in family cases in the Scottish jurisdiction and how that influences parties in family law disputes.","PeriodicalId":36722,"journal":{"name":"International and Comparative Law Review","volume":"21 1","pages":"184 - 210"},"PeriodicalIF":0.0,"publicationDate":"2021-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45801752","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

About John Austin’s Analytical Jurisprudence: The Empirical-Rationalist Legal Positivism 论约翰·奥斯汀的分析法学:经验-理性主义的法律实证主义

International and Comparative Law Review Pub Date : 2021-03-02 DOI: 10.2139/SSRN.3858338

Damir Banović

{"title":"About John Austin’s Analytical Jurisprudence: The Empirical-Rationalist Legal Positivism","authors":"Damir Banović","doi":"10.2139/SSRN.3858338","DOIUrl":"https://doi.org/10.2139/SSRN.3858338","url":null,"abstract":"Summary This article deals with analytical jurisprudence topics presented in John Austin’s work, his predecessors, and its influence on the contemporary theory of law. The article analyses his analytical method, understanding of what the method implies, and its application in understanding law as a social phenomenon. Not only does the article analyse the law phenomenon, but it also presents his views on similar phenomena in law, such as international and constitutional law, the phenomenon of sovereignty and a sovereign, and the principle of general utility as one of the moral principles. His theory of law was one of the most significant theoretical approaches in England of the 19th century, and also constituted the baseline for new conceptions and the basis of critical analyses of later positive law theories. Moreover, his work provides a solid ground for explanations of individual branches of law, especially criminal law. Finally, the article also presents a critical analysis of his approach, useful and important findings, and the perspectives for further development of the theory of law, especially in the domain of his analytical, empirically oriented and descriptive method.","PeriodicalId":36722,"journal":{"name":"International and Comparative Law Review","volume":"21 1","pages":"242 - 261"},"PeriodicalIF":0.0,"publicationDate":"2021-03-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45549943","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

Autonomy or Sovereignty: the Case of the European Union 自治还是主权:以欧盟为例

International and Comparative Law Review Pub Date : 2020-12-01 DOI: 10.2478/iclr-2020-0018

Danuta Kabat-Rudnicka

{"title":"Autonomy or Sovereignty: the Case of the European Union","authors":"Danuta Kabat-Rudnicka","doi":"10.2478/iclr-2020-0018","DOIUrl":"https://doi.org/10.2478/iclr-2020-0018","url":null,"abstract":"Summary Sovereignty is a key concept in international law and international relations. First defined and discussed by Jean Bodin, sovereignty is considered to be an inherent attribute of any state. However, the changes that international society has undergone since the Treaty of Westphalia, including the emergence of different state and non-state actors vying for power and authority, have called into question the position of the state as the main actor in the modern world. This in turn has given rise to the following questions: how should the very concept of sovereignty be understood today? Given the growing importance of international organizations and regional integrational arrangements can the concept of sovereignty be extended to cover entities other than states; and in case of the European Union, what makes us think in terms of sovereignty rather than autonomy? This analysis is an attempt to apply the concept of sovereignty to contemporary international organizations. The main thesis is as follows: in the case of international organizations, especially a new type of organization, it is also legitimate to consider a narrative in terms of sovereignty, not just autonomy. The example studied here is the European Union as an international organization-cum-regional integrational arrangement.","PeriodicalId":36722,"journal":{"name":"International and Comparative Law Review","volume":"20 1","pages":"73 - 92"},"PeriodicalIF":0.0,"publicationDate":"2020-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41673302","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: 2

Derogation in the Field of Human Rights: International Legal Instruments and Practice of Ukraine 人权领域的减损：乌克兰的国际法律文书和实践

International and Comparative Law Review Pub Date : 2020-12-01 DOI: 10.2478/iclr-2020-0016

Volodymyr Denysov, L. Falalieieva

{"title":"Derogation in the Field of Human Rights: International Legal Instruments and Practice of Ukraine","authors":"Volodymyr Denysov, L. Falalieieva","doi":"10.2478/iclr-2020-0016","DOIUrl":"https://doi.org/10.2478/iclr-2020-0016","url":null,"abstract":"Summary The study highlights the international legal framework for the regulation of derogation of human rights and the practice of applying the latter by Ukraine, which is exercised for the first time under conditions of armed conflict and temporary loss of control over part of its territory. The essence, factors, mechanisms, peculiarities and problems related to derogation in the field of human rights, tools for its realization are revealed. The importance of using derogation of human rights as one of the “escape mechanisms” for the state is emphasized, the state’s right which is of an exclusive nature, the possibility of which is provided for by the relevant international treaty, requiring compliance with agreed conditions and procedures. Comparative analysis of the provisions of International Covenant on Civil and Political Rights (1966), Convention for the Protection of Human Rights and Fundamental Freedoms (1950) concerning the right of the state to derogate in the field of human rights in time of a public emergency threatening the life of the nation is made. It is emphasized that the derogation in the field of human rights requires doctrinal understanding as a kind of legitimate limitation on use of restrictions on rights. It outlines the specific measures Ukraine was forced to take in order to derogate in the field of human rights under the armed conflict and temporary loss of control over part of its territory, as well as their perception by the international community. International legal acts, case law of the European Court of Human Rights and doctrinal views on issues outlined are analyzed.","PeriodicalId":36722,"journal":{"name":"International and Comparative Law Review","volume":"20 1","pages":"7 - 37"},"PeriodicalIF":0.0,"publicationDate":"2020-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47725171","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: 1

A Brief Assessment of the Main Commercial Contracts under the New Romanian Civil Code 罗马尼亚新民法典下的主要商事合同简论

International and Comparative Law Review Pub Date : 2020-12-01 DOI: 10.2478/iclr-2020-0029

D. Velicu

{"title":"A Brief Assessment of the Main Commercial Contracts under the New Romanian Civil Code","authors":"D. Velicu","doi":"10.2478/iclr-2020-0029","DOIUrl":"https://doi.org/10.2478/iclr-2020-0029","url":null,"abstract":"Summary From 2011 Romania has a new Civil Code. Although the government’s initiative was to unify the private law according to the model of the Italian Civil Code of 1942 by repealing the Commercial Code of 1887, the new Civil Code only succeeded in putting together civil rules and commercial rules, the latter being relocated from the former Commercial Code. Obviously, an exhaustive analysis of the new Civil Code is impossible in the frame of a short article. That’s why the author of this study tries to evaluate the new Civil Code regulation by focusing on the main commercial contracts. Some general civil rules that are traditionally applied for centuries in most of the European continental legal systems (e.g. ownership concept, warranty for defects, the buyer’s duty to pay the price etc) will be premeditatedly neglected or just shortly approached. The commercial contracts are very important in the field of the international commercial relations – even between the borders of the European Union –, when in many cases the parties agree that the national law will govern the contract. The goal of the study is to offer a brief commentary on the new institutions together with a comparative presentation of the general regulation of the main commercial agreements.","PeriodicalId":36722,"journal":{"name":"International and Comparative Law Review","volume":"20 1","pages":"274 - 289"},"PeriodicalIF":0.0,"publicationDate":"2020-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44582860","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