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Volume 18 (2018): Edizione 1 (June 2018)

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Volume 12 (2012): Edizione 1 (June 2012)

Volume 11 (2011): Edizione 2 (December 2011)

Volume 11 (2011): Edizione 1 (June 2011)

Dettagli della rivista
Formato
Rivista
eISSN
2464-6601
Pubblicato per la prima volta
08 Jun 2011
Periodo di pubblicazione
2 volte all'anno
Lingue
Inglese

Cerca

Volume 11 (2011): Edizione 2 (December 2011)

Dettagli della rivista
Formato
Rivista
eISSN
2464-6601
Pubblicato per la prima volta
08 Jun 2011
Periodo di pubblicazione
2 volte all'anno
Lingue
Inglese

Cerca

5 Articoli
access type Accesso libero

The EU Air Transport Liberalization and Re-Regulation

Pubblicato online: 24 Jan 2018
Pagine: 7 - 42

Astratto

Abstract

Over the last decades, international air transport liberalization has steadily evolved. As a consequence, many initiatives all over the world have paved the way to enhance international air transport liberalization, and numerous models have been hypothesized for a new multilateral aviation regime to supplant bilateralism, which however, remains the primary vehicle for liberalizing international air transport services for most States. Th e present study aims at investigating the EU experience in the field of liberalization and re-regulation of air transport, taking into account the other approaches developed internationally, where relevant. Th e paper is divided into four sections. Aft er having introduced, in the first section, the different forms and venues of liberalization and regulation of international air transport, the process of Community liberalizations is analyzed, taking into account, on one side, the most recent air transport agreements in this field between the EU and third countries and, on the other side, the actual and potential benefits and drawbacks stemming from the implementation of these liberalization policies, which are still ongoing. In the last part of the paper, a new legal order in international air transport - stemming from the recent liberalization and re-regulation policies in the "Old Continent" - will be identified. In order to overcome the political and legal issues brought about by the liberalization and re-regulation of air transport worldwide, the paper concludes that stronger cooperation between international and regional actors must be implemented, and a global approach within a specialized international organization should be enhanced.

Parole chiave

  • EU Law
  • national courts
  • national procedural rules
  • interim measures
access type Accesso libero

The Rules and Practice of the Investiture Vote in the Czech Republic

Pubblicato online: 24 Jan 2018
Pagine: 43 - 62

Astratto

Abstract

Text analyzes in detail legal situation dealing with the Czech government investiture vote. Constitutional foundations are tested against political practice, which is oft en quite different. The Results confirms the construction of investiture vote is less important that notorious weakness of the government majority in the Chamber of Deputies.

Parole chiave

  • investiture vote
  • Czech government
  • political practice
  • Czech Chamber of Deputies
access type Accesso libero

Serious Human Rights Violations – Eclipse or Mere Twilight of State Immunity?

Pubblicato online: 24 Jan 2018
Pagine: 63 - 78

Astratto

Abstract

Presented article contributes to the extensive discussion over the mutual relationship between serious human rights violations (violation of ius cogens) and the law of state immunity. Th e structure of article derives from the argumentation presented by Germany and Italy in current dispute before the International Court of Justice. Author focuses his attention on delimitation of existing international legal framework and particularly on assessment of friction areas in German and Italian submissions. Three separate issues are analyzed: temporal, territorial and material.

Parole chiave

  • State immunity
  • human rights violations
  • ius cogens
access type Accesso libero

Die Us-Amerikanische Class Action: Struktur und Rechtsökonomischer Hintergrund

Pubblicato online: 24 Jan 2018
Pagine: 79 - 92

Astratto

Abstract

The article is dealing with the new German legal regulation concerning so called securities class actions. Th e author sees the new possibilites to bind together claims which arose from false information in capital market as a followor of the US class actions, therefore the article explains with the aim to simplify the intepretation of the new German legal rules the current American legal regulation of class actions. Th is means it analyses mainly the article 23 of the Federal Rules of Civil Prodecure and brings opinions of the author whether its particularities may function in Germany or not.

Parole chiave

  • Germany
  • USA
  • class actions
  • capital markets
  • securitiess
access type Accesso libero

Consumer Bankruptcy in Poland

Pubblicato online: 24 Jan 2018
Pagine: 93 - 107

Astratto

Abstract

Th e article analysis the legal aspects of the problem of consumer bankruptcy within the Polish legal system. It covers the substantive and also procedural aspects of this legal instrument. Author describes the requirements and conditions for the consumer bankruptcy, scope and effects of this form of bankruptcy. Moreover he deals with the procedural aspects of the declaration of the personal consumer bankruptcy and discusses the practice of use of this institution in Poland.

Parole chiave

  • Bankruptcy
  • consumer
  • requirements
  • conditions
  • scope
  • procedures
5 Articoli
access type Accesso libero

The EU Air Transport Liberalization and Re-Regulation

Pubblicato online: 24 Jan 2018
Pagine: 7 - 42

Astratto

Abstract

Over the last decades, international air transport liberalization has steadily evolved. As a consequence, many initiatives all over the world have paved the way to enhance international air transport liberalization, and numerous models have been hypothesized for a new multilateral aviation regime to supplant bilateralism, which however, remains the primary vehicle for liberalizing international air transport services for most States. Th e present study aims at investigating the EU experience in the field of liberalization and re-regulation of air transport, taking into account the other approaches developed internationally, where relevant. Th e paper is divided into four sections. Aft er having introduced, in the first section, the different forms and venues of liberalization and regulation of international air transport, the process of Community liberalizations is analyzed, taking into account, on one side, the most recent air transport agreements in this field between the EU and third countries and, on the other side, the actual and potential benefits and drawbacks stemming from the implementation of these liberalization policies, which are still ongoing. In the last part of the paper, a new legal order in international air transport - stemming from the recent liberalization and re-regulation policies in the "Old Continent" - will be identified. In order to overcome the political and legal issues brought about by the liberalization and re-regulation of air transport worldwide, the paper concludes that stronger cooperation between international and regional actors must be implemented, and a global approach within a specialized international organization should be enhanced.

Parole chiave

  • EU Law
  • national courts
  • national procedural rules
  • interim measures
access type Accesso libero

The Rules and Practice of the Investiture Vote in the Czech Republic

Pubblicato online: 24 Jan 2018
Pagine: 43 - 62

Astratto

Abstract

Text analyzes in detail legal situation dealing with the Czech government investiture vote. Constitutional foundations are tested against political practice, which is oft en quite different. The Results confirms the construction of investiture vote is less important that notorious weakness of the government majority in the Chamber of Deputies.

Parole chiave

  • investiture vote
  • Czech government
  • political practice
  • Czech Chamber of Deputies
access type Accesso libero

Serious Human Rights Violations – Eclipse or Mere Twilight of State Immunity?

Pubblicato online: 24 Jan 2018
Pagine: 63 - 78

Astratto

Abstract

Presented article contributes to the extensive discussion over the mutual relationship between serious human rights violations (violation of ius cogens) and the law of state immunity. Th e structure of article derives from the argumentation presented by Germany and Italy in current dispute before the International Court of Justice. Author focuses his attention on delimitation of existing international legal framework and particularly on assessment of friction areas in German and Italian submissions. Three separate issues are analyzed: temporal, territorial and material.

Parole chiave

  • State immunity
  • human rights violations
  • ius cogens
access type Accesso libero

Die Us-Amerikanische Class Action: Struktur und Rechtsökonomischer Hintergrund

Pubblicato online: 24 Jan 2018
Pagine: 79 - 92

Astratto

Abstract

The article is dealing with the new German legal regulation concerning so called securities class actions. Th e author sees the new possibilites to bind together claims which arose from false information in capital market as a followor of the US class actions, therefore the article explains with the aim to simplify the intepretation of the new German legal rules the current American legal regulation of class actions. Th is means it analyses mainly the article 23 of the Federal Rules of Civil Prodecure and brings opinions of the author whether its particularities may function in Germany or not.

Parole chiave

  • Germany
  • USA
  • class actions
  • capital markets
  • securitiess
access type Accesso libero

Consumer Bankruptcy in Poland

Pubblicato online: 24 Jan 2018
Pagine: 93 - 107

Astratto

Abstract

Th e article analysis the legal aspects of the problem of consumer bankruptcy within the Polish legal system. It covers the substantive and also procedural aspects of this legal instrument. Author describes the requirements and conditions for the consumer bankruptcy, scope and effects of this form of bankruptcy. Moreover he deals with the procedural aspects of the declaration of the personal consumer bankruptcy and discusses the practice of use of this institution in Poland.

Parole chiave

  • Bankruptcy
  • consumer
  • requirements
  • conditions
  • scope
  • procedures

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