International Journal of Law and Society最新文献_第9页

Earnings Management and Its Implications on Management of Quoted Manufacturing Firms in Nigeria 盈余管理及其对尼日利亚上市制造企业管理的启示

International Journal of Law and Society Pub Date : 1900-01-01 DOI: 10.11648/j.ijls.20220501.22

Ikenna Elias Asogwa, Etim Osim Etim, Yomi Besidone

引用次数: 0

The Concept of Foreign Arbitration Award in the Light of New York Convention, 1958 从1958年《纽约公约》看外国仲裁裁决的概念

International Journal of Law and Society Pub Date : 1900-01-01 DOI: 10.11648/j.ijls.20220501.11

H. Mafi, Mahshid Eshaghi

{"title":"The Concept of Foreign Arbitration Award in the Light of New York Convention, 1958","authors":"H. Mafi, Mahshid Eshaghi","doi":"10.11648/j.ijls.20220501.11","DOIUrl":"https://doi.org/10.11648/j.ijls.20220501.11","url":null,"abstract":"The Convention on the Recognition and Enforcement of Foreign Arbitral Awards, New York 1958, is a comprehensive instrument which facilitates the enforcement of arbitral decisions. The New York Convention Compared to its predecessor, the Geneva Convention 1927, on the Enforcement of Foreign Arbitral Awards has gained more flexibility and acceptance among UN member states. In accordance with Article 1, this Convention is applicable in a State other than the State where the recognition and enforcement of such awards are sought, or to arbitral awards not considered to be domestic awards. Therefore, the scope of the application of this Convention depends on what the notions of “arbitrator’s award” and “foreign arbitration award” are; because these two notions can determine which awards should be executed under the rules of the Convention and gain its benefits. However, the Convention gives no clear definition of foreign arbitral award. Under the New York Convention two types of foreign arbitral awards are recognized; arbitral awards that are not considered domestic and arbitral awards rendered in the territory of the state other than the state of the recognition and enforcement of award. In consequence it might be said the New York Convention is based on two criteria with different interpretations of which the territorial criterion is the most important one in comparison with functional criterion. So this paper aims to clarify the concept mentioned as one of Convention’s requirements in terms of executive scope.","PeriodicalId":375311,"journal":{"name":"International Journal of Law and Society","volume":"133 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117273370","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

Inter-Regional State Boundary Friction Resolution Mechanism Under Federal Constitution of Ethiopia: Principles and Institutions 埃塞俄比亚联邦宪法下的区域间国家边界摩擦解决机制:原则与制度

International Journal of Law and Society Pub Date : 1900-01-01 DOI: 10.11648/j.ijls.20210404.17

Habib Jemal

引用次数: 0

Reconsideration of the Bill of Lading as a Document of Title 重新考虑提单作为所有权文件的问题

International Journal of Law and Society Pub Date : 1900-01-01 DOI: 10.11648/j.ijls.20220501.18

Zeng Luling, Jiang Zhengxiong, Ren Lvzhen, Yang Chaoyang

引用次数: 0

Terrorism and Armed Conflict in Nigeria: A Case Study of Boko Haram 尼日利亚的恐怖主义和武装冲突:以博科圣地为例

International Journal of Law and Society Pub Date : 1900-01-01 DOI: 10.11648/j.ijls.20220501.20

Cajetan Osisioma

引用次数: 0

Reimagining Doctrinal Orientations of English Health Care Law Scholarship Since 1980 重塑1980年以来英国医疗保健法学术的理论取向

International Journal of Law and Society Pub Date : 1900-01-01 DOI: 10.11648/j.ijls.20220501.16

Ernest Owusu-Dapaa

引用次数: 0

The Principle of Distinction in an International Armed Conflict: Organized Armed Groups Not Belonging to a State Party to the Conflict 国际性武装冲突中的区别原则:不属于冲突缔约国的有组织武装团体

International Journal of Law and Society Pub Date : 1900-01-01 DOI: 10.11648/j.ijls.20210404.15

Talitha Ramphal

引用次数: 0

The Evolution of Criminal Law in Continental Western Europe 西欧大陆刑法的演变

International Journal of Law and Society Pub Date : 1900-01-01 DOI: 10.11648/j.ijls.20220501.15

Erik-Jan Broers

{"title":"The Evolution of Criminal Law in Continental Western Europe","authors":"Erik-Jan Broers","doi":"10.11648/j.ijls.20220501.15","DOIUrl":"https://doi.org/10.11648/j.ijls.20220501.15","url":null,"abstract":": Through the ages societies have been confronted with criminal behavior. Whenever an act was committed that that harmed an individual or threatened the whole community, the legal system had to be restored one way or another. In the course of history all sorts of methods and measures have been introduced to deal with persons who had infringed private interests or endangered the common safety. Studying the evolution of criminal law in Western Europe, from its early stages to its present form, some main features can be distinguished. One of these features is the gradual shift of criminal procedure from the private domain to the public domain. At first, there was not much public interference with criminal behavior whatsoever. For the greater part, it was up to the victim of the offence, or the family he belonged to, to take legal action against the offender. Only gradually the authorities began to consider criminal justice a matter of public interest. In the Middle Ages, judicial officials were appointed who had to bring each and every culprit to justice. They had to ensure that they were punished properly by the courts of law. To do so, the judges had a wide range of penalties at their disposal, including various species of the death penalty and other forms of corporal punishment. Meanwhile, the criminal liability of a person who had to stand trial changed drastically. No longer was an offender criminally liable for the sole reason that he had committed an unlawful act, like before, but also because he was to be blamed for having done so. When the Middle Ages came to their end, some new theories about punishment were introduced, aiming at the exclusion of wrongdoers from society by depriving them from their freedom. This new penal policy was gaining ground rapidly and would eventually lead to the introduction of various prison systems in the eighteenth and nineteenth centuries. In that same period, ancient sources of criminal law, such as customary law, divine law and revived Roman law, lost their legal power and made way for statute law. As a result of this rise of legislation various voluminous criminal codes were issued at the end of the eighteenth century. In the course of the twentieth century most of the penal practices in Western Europe were significantly transformed. This transformation had a lot to do with the notion that one should reform the moral standards of wrongdoers, in order to prevent them from making the same mistakes again.","PeriodicalId":375311,"journal":{"name":"International Journal of Law and Society","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130897964","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

Legal Pluralism: Opportunities for Development from a Constitutional Perspective in Latin America 法律多元化:拉丁美洲宪政视角下的发展机遇

International Journal of Law and Society Pub Date : 1900-01-01 DOI: 10.11648/j.ijls.20220501.21

Juan Jose Cantillo Pushaina

引用次数: 0