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Form of Arbitration Agreement in a Comparative Perspective 比较视角下的仲裁协议形式
International and Comparative Law Review Pub Date : 2020-12-01 DOI: 10.2478/iclr-2020-0017
Lukáš Ryšavý
{"title":"Form of Arbitration Agreement in a Comparative Perspective","authors":"Lukáš Ryšavý","doi":"10.2478/iclr-2020-0017","DOIUrl":"https://doi.org/10.2478/iclr-2020-0017","url":null,"abstract":"Summary The arbitration agreement is one of the basic pillars and conditions of arbitration, without which arbitration cannot take place. In addition to the content requirements, it must be concluded in the required form in accordance with the relevant regulations. This article deals with the form of an arbitration agreement and on the example of various legal orders it shows the possibilities that can be encountered in the issue of formal requirements on an arbitration agreement. The comparative approach is intended to underline the importance of arbitration in international context and the importance of uniform, or at least similar, regulation from the point of view of legal certainty, for example. Despite the partial differences, it can be positively stated that the legal systems strive for a balance between informality and excessive formalism, and respect (also for practice) important principles important such as potius valeat actus quam pereat or the autonomy of the parties.","PeriodicalId":36722,"journal":{"name":"International and Comparative Law Review","volume":"20 1","pages":"38 - 72"},"PeriodicalIF":0.0,"publicationDate":"2020-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43564706","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
New Social and Legal Challenges Resulting from the Presence of Islam in 21st Century European Societies 伊斯兰教在21世纪欧洲社会的存在所带来的新的社会和法律挑战
International and Comparative Law Review Pub Date : 2020-12-01 DOI: 10.2478/iclr-2020-0020
Zoila Combalía
{"title":"New Social and Legal Challenges Resulting from the Presence of Islam in 21st Century European Societies","authors":"Zoila Combalía","doi":"10.2478/iclr-2020-0020","DOIUrl":"https://doi.org/10.2478/iclr-2020-0020","url":null,"abstract":"Summary One of the greatest challenges facing the European societies and legal systems arises from the rapid changes that have taken place in recent decades, from a certain level of cultural and religious uniformity towards a landscape of diversity in which Islam has made its presence felt. The viability of coexistence between the Islamic and Western cultures should rest on two foundations: firstly, the acceptance of a common minimum defined by respect for a person´s dignity, that is, an agreement on the question of human rights. Along with this consensus there is also a need for respect and the integration of diversity. This study sets out to analyse the challenges that both issues raise..","PeriodicalId":36722,"journal":{"name":"International and Comparative Law Review","volume":"20 1","pages":"113 - 128"},"PeriodicalIF":0.0,"publicationDate":"2020-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41965320","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
Use of Force in Cyberspace 在网络空间使用武力
International and Comparative Law Review Pub Date : 2020-12-01 DOI: 10.2478/iclr-2020-0023
J. Valuch, Ondrej Hamuľák
{"title":"Use of Force in Cyberspace","authors":"J. Valuch, Ondrej Hamuľák","doi":"10.2478/iclr-2020-0023","DOIUrl":"https://doi.org/10.2478/iclr-2020-0023","url":null,"abstract":"Summary The ban on the use of force in current international law is of mandatory character. The only exceptions are actions under the auspices of the UN Security Council and self-defence. The article addresses the issue of the use of force, with particular emphasis on cyberspace. As the nature of the conflicts has changed in recent years as well as the space where the individual operations have been moving, a number of fundamental questions arise in this context, which the authors will try to answer.","PeriodicalId":36722,"journal":{"name":"International and Comparative Law Review","volume":"20 1","pages":"174 - 191"},"PeriodicalIF":0.0,"publicationDate":"2020-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42640900","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: 4
The Conflict between the Principles of the National Identity of Member States and Values of European Union Such as Rule of Law, Respect for Human Rights and Liberal Democracy – Case Study of Hungary 成员国民族认同原则与法治、尊重人权、自由民主等欧盟价值观的冲突——以匈牙利为例
International and Comparative Law Review Pub Date : 2020-12-01 DOI: 10.2478/iclr-2020-0022
Kumush Suyunova
{"title":"The Conflict between the Principles of the National Identity of Member States and Values of European Union Such as Rule of Law, Respect for Human Rights and Liberal Democracy – Case Study of Hungary","authors":"Kumush Suyunova","doi":"10.2478/iclr-2020-0022","DOIUrl":"https://doi.org/10.2478/iclr-2020-0022","url":null,"abstract":"Summary Human rights are indivisible. The EU holds resolute tone against the challenges of universal human rights. As an adequate method of governance the EU acknowledges the rule of law that encompasses transparent and reliable legal system, an independent judiciary, prevention of arbitrary executive power; legal egalitarianism and respect for rights and freedoms of individuals. The concept of democracy determines the values behind the governance of a country. Thus, the EU’s vision of democracy comprises several principles: political equality, representative and participative democracy, which include fair elections, separation of power, effective checks and balances. However, despite the EU’s efforts to promote human rights, rule of law and democracy, some member States are still lagging behind the overall positive achievement. Hungary, who pick up illiberal democracy over established European values, has become the focus of attention.","PeriodicalId":36722,"journal":{"name":"International and Comparative Law Review","volume":"20 1","pages":"159 - 173"},"PeriodicalIF":0.0,"publicationDate":"2020-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46543768","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
Victims of crime and harmonization of the legal regulation of their rights in the EU and the Czech Republic 欧盟和捷克共和国犯罪受害者及其权利法律法规的统一
International and Comparative Law Review Pub Date : 2020-12-01 DOI: 10.2478/iclr-2020-0021
M. Malacka
{"title":"Victims of crime and harmonization of the legal regulation of their rights in the EU and the Czech Republic","authors":"M. Malacka","doi":"10.2478/iclr-2020-0021","DOIUrl":"https://doi.org/10.2478/iclr-2020-0021","url":null,"abstract":"Summary This study reflect the international sources of law and documents relating to the protection and support of crime victims from the global and European point of view following the global and European Union concept and the importance of the Directive 2012/29/EU of the European Parliament and of the European Council of 25 October 2012. Establishing minimum rules on the rights, support and protection of victims of crime. This study will also introduce the most important sources of law and international context related to the victims of crime as an existing category of victims in general. The EU member states are obliged to reflect the views and needs of victims, to respect human dignity and the right to privacy, enable the possibility to receive fair compensation from the perpetrator or other sources, and to provide victims with material, medical, psychological and social assistance from state and non-governmental organizations. Concerning the other documents, what is also essential for victims to access their rights and influenced national Victims of Crime Acts is especially the Council Directive 2004/80/EC of 29 April 2004, relating to compensation to crime victims and Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime to be mentioned.","PeriodicalId":36722,"journal":{"name":"International and Comparative Law Review","volume":"20 1","pages":"129 - 158"},"PeriodicalIF":0.0,"publicationDate":"2020-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45209979","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
Limited Tendering – A Barrier to Get the Best Value for Money or Effective Solution for Extraordinary Situations? 有限招标——在特殊情况下获得物有所值或有效解决方案的障碍?
International and Comparative Law Review Pub Date : 2020-12-01 DOI: 10.2478/iclr-2020-0024
Hana Kováčiková, Ondrej Blažo
{"title":"Limited Tendering – A Barrier to Get the Best Value for Money or Effective Solution for Extraordinary Situations?","authors":"Hana Kováčiková, Ondrej Blažo","doi":"10.2478/iclr-2020-0024","DOIUrl":"https://doi.org/10.2478/iclr-2020-0024","url":null,"abstract":"Summary A public procurement should be an effective tool through which public authorities shall spend public finances sparingly. With modernisation of this area of law in 2014, a new concept of bids evaluation came forward – a value for money. Now it is more important than any time before to ensure fair tenders to be submitted during the procurement. It is a well-known fact, that only a true competition between the bidders decreases the prices and raises the quality of their bids. But how contracting authorities deal with these goals while procuring without competition? This article analyses limited tendering with focus on extreme urgency. Authors try to give an answer to the question, which attribute of this procedure prevails – its flexible use in extraordinary situations or its interfering effect to value for money achievement.which makes Slovakia open to severe criticism from international human rights bodies.","PeriodicalId":36722,"journal":{"name":"International and Comparative Law Review","volume":"20 1","pages":"192 - 214"},"PeriodicalIF":0.0,"publicationDate":"2020-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45441948","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
Review on SHEMSHUCHENKO, Yurii; DENYSOV, Volodymyr eds. Encyclopedia of International Law /in 3 volumes/. Kiev: Akademperiodika, 2014–2019, 2838 p. ISBN 978-966-360-273-8 (all three volumes).
International and Comparative Law Review Pub Date : 2020-12-01 DOI: 10.2478/iclr-2020-0030
Naděžda Šišková
{"title":"Review on SHEMSHUCHENKO, Yurii; DENYSOV, Volodymyr eds. Encyclopedia of International Law /in 3 volumes/. Kiev: Akademperiodika, 2014–2019, 2838 p. ISBN 978-966-360-273-8 (all three volumes).","authors":"Naděžda Šišková","doi":"10.2478/iclr-2020-0030","DOIUrl":"https://doi.org/10.2478/iclr-2020-0030","url":null,"abstract":"","PeriodicalId":36722,"journal":{"name":"International and Comparative Law Review","volume":"20 1","pages":"290 - 293"},"PeriodicalIF":0.0,"publicationDate":"2020-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44510249","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 Uncertain Place of the Child’s Best Interests in ECtHR’s Immigration Case Law 儿童最大利益在ECtHR移民判例法中的不确定地位
International and Comparative Law Review Pub Date : 2020-12-01 DOI: 10.2478/iclr-2020-0019
Jennie Edlund, V. Stehlík
{"title":"The Uncertain Place of the Child’s Best Interests in ECtHR’s Immigration Case Law","authors":"Jennie Edlund, V. Stehlík","doi":"10.2478/iclr-2020-0019","DOIUrl":"https://doi.org/10.2478/iclr-2020-0019","url":null,"abstract":"Summary It has been highlighted that in the area of immigration law the protection offered by the European Convention of Human Rights (ECHR) to children and family life is arguably at its weakest. The European Court of Human Rights (ECtHR) immigration case law on Article 8 ECHR has shown an uneven and uncertain application of the child’s best interests. Little significance is attached to the child’s respect for family life when determining whether the immigration measure is compatible with the ECHR. This paper will explore how the Court is identifying the best interests of the child and analyse what weight the Court apportions to the best interests of the child when balancing the state’s and the applicant’s interests. It will also examine whether the Court priori-tize migration control over the child’s best interests in cases where both family matters and immigration matters are involved.","PeriodicalId":36722,"journal":{"name":"International and Comparative Law Review","volume":"20 1","pages":"93 - 112"},"PeriodicalIF":0.0,"publicationDate":"2020-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49334452","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 Extension of the Jurisdiction of Constitutional Court in Assessing the Constitutional Amendments – the Case of Slovakia and Kosovo 宪法法院管辖权在宪法修正案评估中的延伸——以斯洛伐克和科索沃为例
International and Comparative Law Review Pub Date : 2020-12-01 DOI: 10.2478/iclr-2020-0027
Luz Balaj, Florent Muçaj
{"title":"The Extension of the Jurisdiction of Constitutional Court in Assessing the Constitutional Amendments – the Case of Slovakia and Kosovo","authors":"Luz Balaj, Florent Muçaj","doi":"10.2478/iclr-2020-0027","DOIUrl":"https://doi.org/10.2478/iclr-2020-0027","url":null,"abstract":"Summary This paper examines the jurisprudence of the constitutional courts of Slovakia and Kosovo regarding their assessment of the constitutionality of constitutional amendments. The rationale for the selected countries stands behind the practices of their Constitutional Courts of, in terms of the jurisdiction expansion in assessing constitutional amendments. Considering the fact that these courts have been recently established, the Slovak Constitutional Court with the Constitution of 1992 and the Constitutional Court of Kosovo with the Constitution of 2008, it is the purpose of this paper to further analyze their initial work in assessing the constitutionality of constitutional amendments in the light of the impact of the German jurisprudence. Regardless the lack of experience in this regard, these courts have shown an interesting correlation between scientific doctrines and jurisprudences, which have served the judges to justify their decisions. In this direction, this paper frames its discussion in two key segments. Firstly, is the manner in which these courts have expanded their jurisdiction, an expansion that provided an assess to the constitutionality of constitutional amendments that goes beyond confronting the amendment with the explicit nature of the unamendability of the constitution. Secondly, on the impact of the German jurisprudence, especially in the case of the Slovak Constitutional court.","PeriodicalId":36722,"journal":{"name":"International and Comparative Law Review","volume":"20 1","pages":"239 - 253"},"PeriodicalIF":0.0,"publicationDate":"2020-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45040966","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
Securing Human Right to Water through Public Procurement in Slovakia 通过公共采购保障斯洛伐克的水权
International and Comparative Law Review Pub Date : 2020-12-01 DOI: 10.2478/iclr-2020-0028
Adam Máčaj
{"title":"Securing Human Right to Water through Public Procurement in Slovakia","authors":"Adam Máčaj","doi":"10.2478/iclr-2020-0028","DOIUrl":"https://doi.org/10.2478/iclr-2020-0028","url":null,"abstract":"Summary The paper aims firstly to assess the deficiencies in access to drinking water that are present in Slovakia. Recently, the country was condemned for various violations in ensuring access to drinking water for all, whether by third parties, but also national institutions and international organizations. Drawing upon the identified failures and violations, the actions undertaken to remedy the situation are analysed, especially in order to establish whether Slovakia dispenses with its obligations under the human right to water and addresses the identified problems satisfactorily. Finally, the process of public procurement in providing drinking water is considered, having regard to its role in promptness and efficiency of addressing the unsatisfactory situation which makes Slovakia open to severe criticism from international human rights bodies.","PeriodicalId":36722,"journal":{"name":"International and Comparative Law Review","volume":"20 1","pages":"254 - 273"},"PeriodicalIF":0.0,"publicationDate":"2020-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43944281","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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