Juridical Tribune-Tribuna Juridica最新文献_第5页

The legal nature of the public administrator’s management contractin Romania.Aspects of comparative law 罗马尼亚公共行政管理合同的法律性质。比较法方面

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Juridical Tribune-Tribuna Juridica Pub Date : 2022-11-14 DOI: 10.24818/tbj/2022/12/3.08

M. Hrestic, I. Ivanoff

引用次数: 0

The philosophy of international law of Modern Scholasticism:the theory of just war 现代经院哲学的国际法哲学:正义战争理论

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Juridical Tribune-Tribuna Juridica Pub Date : 2022-11-14 DOI: 10.24818/tbj/2022/12/3.01

Vytis Valatka, Vaida Asakavičiūtė

{"title":"The philosophy of international law of Modern Scholasticism:\u0000the theory of just war","authors":"Vytis Valatka, Vaida Asakavičiūtė","doi":"10.24818/tbj/2022/12/3.01","DOIUrl":"https://doi.org/10.24818/tbj/2022/12/3.01","url":null,"abstract":"This article analyzes the philosophy of international law of the Second, or Modern\u0000Scholasticism. The author of the article concentrates on the just war theory mainly developed\u0000by Francisco de Vitoria and Francisco Suarez. The objectives of the article are to clarify and\u0000classify the main principles of the above-mentioned theory as well as to grasp its relevance\u0000nowadays. In order to achieve these objectives doxographical, analytical as well as\u0000hermeneutical methods are applied. Based on them, the principles and rules of just war are\u0000divided into two fundamental types. The article comes to conclusion that these types\u0000correspond to the parts of contemporary just war theory entitled as jus ad bellum and jus in\u0000bello. Another significant conclusion is that the vast majority of the principles of just war\u0000presented in Modern Scholasticism (e.g. just cause of the war, adversary’s warning of\u0000intended offensive actions, the inviolability of ambassadors and peaceful population,\u0000prohibition on killing prisoners of war and hostages, the compliance of reparations with the\u0000damage caused before and during the war, the illegality of religious and confessional wars)\u0000are also relevant nowadays.","PeriodicalId":41903,"journal":{"name":"Juridical Tribune-Tribuna Juridica","volume":"1 1","pages":""},"PeriodicalIF":0.4,"publicationDate":"2022-11-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42178613","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 principle of mutual recognition: from the internal marketto the European area of freedom, security and justice 相互承认的原则:从内部市场到欧洲自由、安全和正义领域

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Juridical Tribune-Tribuna Juridica Pub Date : 2022-04-11 DOI: 10.24818/tbj/2022/12/1.07

A. Groza

{"title":"The principle of mutual recognition: from the internal market\u0000to the European area of freedom, security and justice","authors":"A. Groza","doi":"10.24818/tbj/2022/12/1.07","DOIUrl":"https://doi.org/10.24818/tbj/2022/12/1.07","url":null,"abstract":"The principle of mutual recognition represents one of the brilliant creations of the\u0000Court of Justice of the European Union, which has significantly contributed to the\u0000achievement of the free movement of goods, in the absence of the approximation of national\u0000laws, and which is impressive even today by its depth and vocation to extend to new fields of\u0000European integration. Mutual recognition is one of the efficient solutions in order to have\u0000unity in diversity and also common objectives to reach. We find the principle of mutual\u0000recognition in the sphere of the fundamental freedoms of the internal market and in very\u0000different domains of the internal market too. Judicial cooperation in civil and criminal\u0000matters uses this principle in order to ensure the free movement of judgements and the\u0000effectiveness of criminal proceedings. The application of the principle in very different fields\u0000has illustrated its utility, as well as the particularities of each area. By observing these\u0000particularities, we can better understand the European integration specificity in various\u0000fields and its challenges. Our research is descriptive, explanatory and comparative, being\u0000accompanied by the relevant case law of the Court of Justice of the European Union.","PeriodicalId":41903,"journal":{"name":"Juridical Tribune-Tribuna Juridica","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2022-04-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45124139","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 need for a harmonious interpretation of the rules applicableto international contracts 对适用于国际合同的规则进行和谐解释的必要性

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Juridical Tribune-Tribuna Juridica Pub Date : 2022-04-11 DOI: 10.24818/tbj/2022/12/1.05

Maria João Mimoso, Liz Corrêa de Azevedo

{"title":"The need for a harmonious interpretation of the rules applicable\u0000to international contracts","authors":"Maria João Mimoso, Liz Corrêa de Azevedo","doi":"10.24818/tbj/2022/12/1.05","DOIUrl":"https://doi.org/10.24818/tbj/2022/12/1.05","url":null,"abstract":"International trade, as of result of globalization and the consequent exponential\u0000growth in the operations volume, has brought a movement of reflection on the disciplinary\u0000rules of international trade relations. In this context and considering the significant\u0000divergences between the legal regimes of the different States, the instruments of\u0000standardization and harmonization of the international contracts’ disciplinary rules assume\u0000special importance. Notwithstanding the existence of normative instruments that guide the\u0000formation and execution of the signed agreements, it is imperative that the hermeneutic\u0000activity of such texts is also harmonious, under penalty of distorting the purpose for which\u0000they were conceived. Through the analytical method, we will approach the unifying rules and\u0000principles of the process of interpreting contracts in the international scenario. Initially, we\u0000will present the principle that guides the entire process of interpreting international\u0000contracts, pointing out the fundamental principles in conducting the interpreter's activity.\u0000We will also note the importance of usages and customs in the interpretive process. Finally,\u0000we will analyze the rules on the interpretation of contracts and unilateral declarations of the\u0000parties contained in the Vienna Convention on the International Sale of Goods 1980, CISG,\u0000and in the UNIDROIT Principles applicable to international commercial contracts, version\u00002016.","PeriodicalId":41903,"journal":{"name":"Juridical Tribune-Tribuna Juridica","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2022-04-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43811871","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

International law and nationalism as two essentially related concepts 国际法和民族主义是两个本质上相关的概念

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Juridical Tribune-Tribuna Juridica Pub Date : 2022-04-11 DOI: 10.24818/tbj/2022/12/1.06

Paulo DE BRITO

引用次数: 0

New generation of investment agreements in the regimeof the European Union 欧盟地区新一代投资协议

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Juridical Tribune-Tribuna Juridica Pub Date : 2022-04-05 DOI: 10.24818//tbj/2022/12/1.02

Silvia Matúšová, P. Nováček

引用次数: 2

Administrative judiciary is looking for a balance in a crisis 行政司法在危机中寻求平衡

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Juridical Tribune-Tribuna Juridica Pub Date : 2022-04-05 DOI: 10.24818/tbj/2022/12/1.01

A. Skóra, M. Srebalová, Ingrida Papáčová

引用次数: 5

E-commerce and its limits in the context of the consumer protection:the case of the Slovak Republic 消费者保护背景下的电子商务及其局限性:斯洛伐克共和国的案例

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Juridical Tribune-Tribuna Juridica Pub Date : 2022-04-05 DOI: 10.24818/tbj/2022/12/1.03

T. Peráček

{"title":"E-commerce and its limits in the context of the consumer protection:\u0000the case of the Slovak Republic","authors":"T. Peráček","doi":"10.24818/tbj/2022/12/1.03","DOIUrl":"https://doi.org/10.24818/tbj/2022/12/1.03","url":null,"abstract":"The COVID-19 pandemic and lockdowns resulted in an unusual increase in\u0000electronic commerce not only in the conditions of the Slovak Republic. This fact also causes\u0000many unanswered questions in business practice, which bother entrepreneurs in ecommerce, especially in the context of consumer protection. The main goal of the article is\u0000to examine the current possibilities of electronic commerce in the conditions of the Slovak\u0000Republic and especially its limits in the context of consumer protection as a weaker part.\u0000Determining the goal of a scientific studye conceived in this way responds to the current\u0000practical problems in the business practice. Due to the nature of the researched topic, we\u0000have applied analysis, synthesis as well as comparison of legal regulations in the processing\u0000of this issue. However, in addition to the mentioned scientific methods of research, we also\u0000used scientific literature, case law and analogy of the law. In our scientific article, we strive\u0000for qualified answers to the needs of business practice. In conclusion, we critically point out\u0000the application problems we have identified and we proposed legislation.","PeriodicalId":41903,"journal":{"name":"Juridical Tribune-Tribuna Juridica","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2022-04-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47172127","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: 10

The EU scheme for the state aid rules in the air transport sector duringthe Covid-19 crisis 欧盟在新冠肺炎危机期间对航空运输部门的国家援助计划

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Juridical Tribune-Tribuna Juridica Pub Date : 2022-04-05 DOI: 10.24818/tbj/2022/12/1.04

Dubravka Akšamović, Lidija Šimunović

{"title":"The EU scheme for the state aid rules in the air transport sector during\u0000the Covid-19 crisis","authors":"Dubravka Akšamović, Lidija Šimunović","doi":"10.24818/tbj/2022/12/1.04","DOIUrl":"https://doi.org/10.24818/tbj/2022/12/1.04","url":null,"abstract":"Paper provides for a systematic overview of the EU scheme for the State aid rules\u0000applicable to the air transport sector during Covid-19 crisis. The COVID-19 outbreak is\u0000having a major impact on European air transport sector. In order to help air transport\u0000undertakings in Europe to overcome the financial troubles, to preserve jobs, to secure supply\u0000of essential food, medicals or other items, etc., the EU Commission adopted set of legislative\u0000measures enabling the EU Commission and Member States to authorise hundreds of State\u0000aid measures, not only to air transport sector, but also to other economic sectors, which were\u0000mostly affected by the pandemic. Since in normal circumstances member states State aid to\u0000national undertakings are subject to extremely stringent EU competition law regime, the\u0000intention of this paper is, firstly, to analyse to what extent and under what conditions that\u0000has changed during pandemic. Secondly, the intention of the paper is to explore to what\u0000extent and for what purposes different Member States granted State aid to their airline\u0000industries with special respect to the French, Austrian, Swedish and Croatian State aid\u0000policy. Lastly, the authors will raise question whether massive capital injection to air\u0000transport companies being made only by certain, wealthier, member states are going, in long\u0000term, to cause negative impacts on the competition in the air transport sector in the internal\u0000market","PeriodicalId":41903,"journal":{"name":"Juridical Tribune-Tribuna Juridica","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2022-04-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42241436","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

Reconstructing the global human rights order in pursuit of a bindingbusiness human rights treaty in the era of decolonisation 在非殖民化时代，重建全球人权秩序，追求具有约束力的商业人权条约

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Juridical Tribune-Tribuna Juridica Pub Date : 2022-03-11 DOI: 10.24818/tbj/2022/12/1.08

Shelton Mota Makore, P. Osode, N. Lubisi

{"title":"Reconstructing the global human rights order in pursuit of a binding\u0000business human rights treaty in the era of decolonisation","authors":"Shelton Mota Makore, P. Osode, N. Lubisi","doi":"10.24818/tbj/2022/12/1.08","DOIUrl":"https://doi.org/10.24818/tbj/2022/12/1.08","url":null,"abstract":"The current global human rights order, eminently propagated in international legal\u0000instruments and statements, is to a great extent state-centric in character, bestowing\u0000obligations on states, whilst largely ignoring the conduct of non-state actors in the form of\u0000transnational corporations (TNCs) and trade governance institutions whose record of human\u0000rights adherence is scarcely convincing. This inability to aptly govern the conduct of\u0000transnational entities, even when it is evident that their power now eclipses that of states,\u0000raises the concern that the extant human rights regime is a neoliberal construct advancing\u0000market fundamentalism and widening the economic disparities between developed and\u0000developing countries. This article unsettles the doctrinal foundations underlying state\u0000centrism in international human rights law, arguing that such a version of human rights is\u0000exposing developing countries to neoliberal oligarchs, and market deficiencies, which if not\u0000reformed, may entrench underdevelopment. It calls for a decolonised human rights regime\u0000which impose human rights obligations on the conduct of transnational entities in pursuit of\u0000human dignity, equality and freedom.","PeriodicalId":41903,"journal":{"name":"Juridical Tribune-Tribuna Juridica","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2022-03-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46935706","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