Rivista e Edizione

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Volume 20 (2020): Edizione 1 (June 2020)

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Volume 19 (2019): Edizione 1 (June 2019)

Volume 18 (2018): Edizione 2 (December 2018)

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

Volume 17 (2017): Edizione 2 (December 2017)

Volume 17 (2017): Edizione 1 (June 2017)

Volume 16 (2016): Edizione 2 (December 2016)

Volume 16 (2016): Edizione 1 (June 2016)

Volume 15 (2015): Edizione 2 (December 2015)

Volume 15 (2015): Edizione 1 (June 2015)

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Volume 14 (2014): Edizione 1 (June 2014)

Volume 13 (2013): Edizione 2 (December 2013)

Volume 13 (2013): Edizione 1 (June 2013)

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

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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 15 (2015): Edizione 1 (June 2015)

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

6 Articoli
Open Access

The Process of International Law— Making: The Relationship Between the International Court of Justice and the International Law Commission

Pubblicato online: 24 Jan 2018
Pagine: 7 - 57

Astratto

Abstract

Article 38, para.1, of the Statute of the International Court of Justice (ICJ) defines customary international law as evidence of general practice accepted as law, understood as State practice and opinio juris. However, by identifying certain norms as an international custom without referring to the traditional evidence of State practice and opinio juris, international courts and tribunals are contributing to the formation of customary international law. This paper presents an analysis of how the International Court of Justice contributes to the formation of customary international law by relying on the draft articles of the International Law Commission (ILC). Th e International Court of Justice, in “deciding in accordance with international law”, also authoritatively declares what the current international law is, while the International Law Commission, although constituted of highly qualified publicists from various States, is drafting only non-binding international instruments. By relying on the ILC draft articles and declaring them to be reflecting customary international law-although the draft articles may not be necessary the expression of the States’ practice and their opinio juris, the ICJ creates and generates the creation of customary international law. Interestingly, the ICJ tends to rely mostly on ILC draft articles that refer to the jurisprudence of either the Permanent Court of International Justice (“PCIJ”) or the ICJ itself. Th e paper presents research of approximately 70 ICJ decisions and individual opinions that cite to the work of the ILC. The author notes the evolution of the relationship between the ICJ and the ILC through three different time periods, and presents the findings on how, when and why the ICJ relies on the ILC draft articles. In addition, the author gives examples in which the ICJ rejected the reliance on the ILC’s work, mainly due to the divergent interpretation on the specific area of international law. The ICJ, by relying on the ILC draft articles that in turn refer to the jurisprudence of the ICJ or PCIJ, is not only generating norms of customary international law, but is also reaffirming the importance of its (and PCIJ’s) jurisprudence for the future of international law. Although ICJ decisions are binding only between the parties to the dispute (Art.59 ICJ Statute), the clarification of whether a norm is customary or not, affects the international community of States. Noting the present reluctance of States to adopt treaties, and- hence their potentially decreasing role in international law-making, this research offers an insight into an alternative venue of international law-making. As the international community, and the ILC itself, is regaining interest in the sources of international law, this paper aims to identify the mechanisms of international law-making, the understanding of which will contribute to international law’s needed predictability and a more uniform and reliable interpretation of international law.

Parole chiave

  • International Court of Justice
  • International Law Commission
  • international law-making
  • judicial law-making
  • customary international law
  • Draft articles
  • relationship between the International Court of Justice and the International Law Commission
Open Access

The Constitutional Court of Romania and European Union Law

Pubblicato online: 24 Jan 2018
Pagine: 59 - 85

Astratto

Abstract

The Constitutional Court of Romania has subjected the introduction of a norm of European Union law into the constitutionality control, as an interposed norm to the standard norm. On the one hand, the norm should be sufficiently clear, precise and unequivocal in itself, or its meaning should have been clearly, precisely and unequivocally established by the Court of Justice of the European Union, and on the other hand it should be circumscribed by a certain level of constitutional relevance, so that its normative content could support the possible breach of the Constitution - the only direct standard norm within the constitutionality control - by national law. However, the experience of the Constitutional Court of Romania over the eight years (2007-2014) since the EU accession, does not seem to be very convincing, irrespective of the way in which European Union law, including the case law of the CJUE has been used: as justifying or circumstantial argument, as a mere reference or in an inadequate context.

Parole chiave

  • European Union Law
  • constitutional courts
  • constitutional control
  • interposed norm
  • transposition of directives: Court of Justice of the European Union
Open Access

Sources of Occupational Pressure Among Lawyers and Legal Professionals

Pubblicato online: 24 Jan 2018
Pagine: 87 - 107

Astratto

Abstract

Current paper focuses the occupational stress in legal industry. Two similar empirical studies were carried out in 2006 and 20012. A web-based survey of occupational stress was conducted by employing an international questionnaire Occupational Stress Inventory (OSI-2). Some important trends in the Estonian lawyers’ occupational stress were found. The basic sources of occupational pressure in lawyers and legal professionals were identified. Most relevant sources of occupational pressure among lawyers and legal professional were home and work imbalance, managerial roles, and insufficient recognition, managerial roles, and hassles. We found that the relationship between job satisfaction and sources of occupational pressure was negative and significantly valid among five pressures of lawyers and legal professionals. Majority of lawyers and legal professional were adapted problem solving oriented coping strategy. Therefore, the social support from peer, friend, family member etc. was also widely used coping strategy by lawyers and legal professionals. Our findings well demonstrate that awareness of occupational stress in law industry has been raised

Parole chiave

  • Lawyer’s occupational stress
  • job satisfaction
  • sources of pressure
  • work locus of control
  • coping with stress
Open Access

Judicial Activism in Nigeria: Delineating the Extend of Legislative-Judicial Engagement in Law Making

Pubblicato online: 24 Jan 2018
Pagine: 109 - 127

Astratto

Abstract

Authoritarian governments are by their very nature unconstitutional. Such government thinks of themselves as above the law, and therefore sees no necessity for separation of powers or representative governance. Constitutional democracy on the other hand, is however based on the notion of people’s sovereignty, which is to be exercised in limited manner by a representative government. Accordingly, judicial activism in this paper is employed to establish the theory of popular participation of courts in the decision making processes through settlement of disputes, interpretation or construction of laws, determination of propriety of legislations, legislative and execution actions within the doctrine of separation of powers for the purpose of enforcement of the limitations in government on constitutional ground. This paper thus examines the concept of judicial activism, its legitimacy and as a mechanism for providing checks and balances in the Nigerian government. The paper demonstrates a game theory of judicial legislative interaction within their function and contends that the notion of judicial supremacy does not hold water because the legislature always has the second chance of invalidating the judgment of courts exercising the legitimate powers. The paper concludes that judicial activism in these countries is a veritable tool in advancing the compliance with the rule of laws on the ground of the Constitution.

Parole chiave

  • Judiciary
  • Interpretation
  • Activism
  • Legislature
  • Constitution
  • Democracy
  • Intervention Adjudication
  • Separation
  • power
Open Access

View at the Partner’s Transfer of the Stake and its Restrictions

Pubblicato online: 24 Jan 2018
Pagine: 129 - 140

Astratto

Abstract

This article deals with the transfer of stake in a general commercial company and the transfer of business share in a limited liability company especially according to Slovak legislation and also according to older and current Czech legislation. The attention is focused on the regulation of these transfers and the relations that are generated on the basis of author´s point of view and case law. The question of the admissibility and prohibition of the transfer of stake is presented in general commercial company. Analysis of the issue focuses mainly on the formal and material conditions of transfer of business share in limited liability company with differentiation on another member and on third party. Special attention is paid to the consent to that transfer granted by the general meeting or by other body of limited liability company and also is paid to the legal consequences that arise in the case of withholding of consent. The authoress seeks to point at the shortcomings of assessed legal arrangement and provides possible legislative solutions of transfer of stake or business share within the dispositive provisions of the Slovak Commercial Code.

Parole chiave

  • stake
  • business share
  • transfer
  • general commercial company
  • limited liability company
  • member
  • partner
  • third party
  • restrictions of transfer
  • conditions for transfer
  • consent of general meeting
  • free transferability of business share
  • common certificate
Open Access

The Equilibrium on Money Market and the Central Bank Issuing Policy

Pubblicato online: 24 Jan 2018
Pagine: 141 - 152

Astratto

Abstract

The issue of money and establishing interest rates are the main activities of central banks. Th rough this, the banks immediately influence the behaviour of households, companies, financial markets and the state with the impact on real outcome, employment and prices. When monitoring the issue of money, it is necessary to focus not only on its volume, but also on the attributes and functions carried by money. Among the first economists who considered the quality monetary aspect were J. Locke, D. Hume, D. Ricardo and others. The founders of modern monetarism of the 20th century were I. Fisher and M. Friedman. Fisher was the first to define the equation of monetary equilibrium in the present-day form. The objective of the paper is to point out different approaches to the equation and its modifications and different meanings of its variables. As regards the monetary aggregate M - Money - the paper also deals with the denomination of the aggregate to its various elements, which is significant for fulfilling monetary policy targets. This approach is very important especially at present in the time of crisis when central banks are performing their policy considering contradictory targets of price stability and economic growth.

Parole chiave

  • Finance
  • fi nancial law
  • issue of money
  • monetary policy
  • monetary equilibrium
  • monetarism
  • Irving Fisher
6 Articoli
Open Access

The Process of International Law— Making: The Relationship Between the International Court of Justice and the International Law Commission

Pubblicato online: 24 Jan 2018
Pagine: 7 - 57

Astratto

Abstract

Article 38, para.1, of the Statute of the International Court of Justice (ICJ) defines customary international law as evidence of general practice accepted as law, understood as State practice and opinio juris. However, by identifying certain norms as an international custom without referring to the traditional evidence of State practice and opinio juris, international courts and tribunals are contributing to the formation of customary international law. This paper presents an analysis of how the International Court of Justice contributes to the formation of customary international law by relying on the draft articles of the International Law Commission (ILC). Th e International Court of Justice, in “deciding in accordance with international law”, also authoritatively declares what the current international law is, while the International Law Commission, although constituted of highly qualified publicists from various States, is drafting only non-binding international instruments. By relying on the ILC draft articles and declaring them to be reflecting customary international law-although the draft articles may not be necessary the expression of the States’ practice and their opinio juris, the ICJ creates and generates the creation of customary international law. Interestingly, the ICJ tends to rely mostly on ILC draft articles that refer to the jurisprudence of either the Permanent Court of International Justice (“PCIJ”) or the ICJ itself. Th e paper presents research of approximately 70 ICJ decisions and individual opinions that cite to the work of the ILC. The author notes the evolution of the relationship between the ICJ and the ILC through three different time periods, and presents the findings on how, when and why the ICJ relies on the ILC draft articles. In addition, the author gives examples in which the ICJ rejected the reliance on the ILC’s work, mainly due to the divergent interpretation on the specific area of international law. The ICJ, by relying on the ILC draft articles that in turn refer to the jurisprudence of the ICJ or PCIJ, is not only generating norms of customary international law, but is also reaffirming the importance of its (and PCIJ’s) jurisprudence for the future of international law. Although ICJ decisions are binding only between the parties to the dispute (Art.59 ICJ Statute), the clarification of whether a norm is customary or not, affects the international community of States. Noting the present reluctance of States to adopt treaties, and- hence their potentially decreasing role in international law-making, this research offers an insight into an alternative venue of international law-making. As the international community, and the ILC itself, is regaining interest in the sources of international law, this paper aims to identify the mechanisms of international law-making, the understanding of which will contribute to international law’s needed predictability and a more uniform and reliable interpretation of international law.

Parole chiave

  • International Court of Justice
  • International Law Commission
  • international law-making
  • judicial law-making
  • customary international law
  • Draft articles
  • relationship between the International Court of Justice and the International Law Commission
Open Access

The Constitutional Court of Romania and European Union Law

Pubblicato online: 24 Jan 2018
Pagine: 59 - 85

Astratto

Abstract

The Constitutional Court of Romania has subjected the introduction of a norm of European Union law into the constitutionality control, as an interposed norm to the standard norm. On the one hand, the norm should be sufficiently clear, precise and unequivocal in itself, or its meaning should have been clearly, precisely and unequivocally established by the Court of Justice of the European Union, and on the other hand it should be circumscribed by a certain level of constitutional relevance, so that its normative content could support the possible breach of the Constitution - the only direct standard norm within the constitutionality control - by national law. However, the experience of the Constitutional Court of Romania over the eight years (2007-2014) since the EU accession, does not seem to be very convincing, irrespective of the way in which European Union law, including the case law of the CJUE has been used: as justifying or circumstantial argument, as a mere reference or in an inadequate context.

Parole chiave

  • European Union Law
  • constitutional courts
  • constitutional control
  • interposed norm
  • transposition of directives: Court of Justice of the European Union
Open Access

Sources of Occupational Pressure Among Lawyers and Legal Professionals

Pubblicato online: 24 Jan 2018
Pagine: 87 - 107

Astratto

Abstract

Current paper focuses the occupational stress in legal industry. Two similar empirical studies were carried out in 2006 and 20012. A web-based survey of occupational stress was conducted by employing an international questionnaire Occupational Stress Inventory (OSI-2). Some important trends in the Estonian lawyers’ occupational stress were found. The basic sources of occupational pressure in lawyers and legal professionals were identified. Most relevant sources of occupational pressure among lawyers and legal professional were home and work imbalance, managerial roles, and insufficient recognition, managerial roles, and hassles. We found that the relationship between job satisfaction and sources of occupational pressure was negative and significantly valid among five pressures of lawyers and legal professionals. Majority of lawyers and legal professional were adapted problem solving oriented coping strategy. Therefore, the social support from peer, friend, family member etc. was also widely used coping strategy by lawyers and legal professionals. Our findings well demonstrate that awareness of occupational stress in law industry has been raised

Parole chiave

  • Lawyer’s occupational stress
  • job satisfaction
  • sources of pressure
  • work locus of control
  • coping with stress
Open Access

Judicial Activism in Nigeria: Delineating the Extend of Legislative-Judicial Engagement in Law Making

Pubblicato online: 24 Jan 2018
Pagine: 109 - 127

Astratto

Abstract

Authoritarian governments are by their very nature unconstitutional. Such government thinks of themselves as above the law, and therefore sees no necessity for separation of powers or representative governance. Constitutional democracy on the other hand, is however based on the notion of people’s sovereignty, which is to be exercised in limited manner by a representative government. Accordingly, judicial activism in this paper is employed to establish the theory of popular participation of courts in the decision making processes through settlement of disputes, interpretation or construction of laws, determination of propriety of legislations, legislative and execution actions within the doctrine of separation of powers for the purpose of enforcement of the limitations in government on constitutional ground. This paper thus examines the concept of judicial activism, its legitimacy and as a mechanism for providing checks and balances in the Nigerian government. The paper demonstrates a game theory of judicial legislative interaction within their function and contends that the notion of judicial supremacy does not hold water because the legislature always has the second chance of invalidating the judgment of courts exercising the legitimate powers. The paper concludes that judicial activism in these countries is a veritable tool in advancing the compliance with the rule of laws on the ground of the Constitution.

Parole chiave

  • Judiciary
  • Interpretation
  • Activism
  • Legislature
  • Constitution
  • Democracy
  • Intervention Adjudication
  • Separation
  • power
Open Access

View at the Partner’s Transfer of the Stake and its Restrictions

Pubblicato online: 24 Jan 2018
Pagine: 129 - 140

Astratto

Abstract

This article deals with the transfer of stake in a general commercial company and the transfer of business share in a limited liability company especially according to Slovak legislation and also according to older and current Czech legislation. The attention is focused on the regulation of these transfers and the relations that are generated on the basis of author´s point of view and case law. The question of the admissibility and prohibition of the transfer of stake is presented in general commercial company. Analysis of the issue focuses mainly on the formal and material conditions of transfer of business share in limited liability company with differentiation on another member and on third party. Special attention is paid to the consent to that transfer granted by the general meeting or by other body of limited liability company and also is paid to the legal consequences that arise in the case of withholding of consent. The authoress seeks to point at the shortcomings of assessed legal arrangement and provides possible legislative solutions of transfer of stake or business share within the dispositive provisions of the Slovak Commercial Code.

Parole chiave

  • stake
  • business share
  • transfer
  • general commercial company
  • limited liability company
  • member
  • partner
  • third party
  • restrictions of transfer
  • conditions for transfer
  • consent of general meeting
  • free transferability of business share
  • common certificate
Open Access

The Equilibrium on Money Market and the Central Bank Issuing Policy

Pubblicato online: 24 Jan 2018
Pagine: 141 - 152

Astratto

Abstract

The issue of money and establishing interest rates are the main activities of central banks. Th rough this, the banks immediately influence the behaviour of households, companies, financial markets and the state with the impact on real outcome, employment and prices. When monitoring the issue of money, it is necessary to focus not only on its volume, but also on the attributes and functions carried by money. Among the first economists who considered the quality monetary aspect were J. Locke, D. Hume, D. Ricardo and others. The founders of modern monetarism of the 20th century were I. Fisher and M. Friedman. Fisher was the first to define the equation of monetary equilibrium in the present-day form. The objective of the paper is to point out different approaches to the equation and its modifications and different meanings of its variables. As regards the monetary aggregate M - Money - the paper also deals with the denomination of the aggregate to its various elements, which is significant for fulfilling monetary policy targets. This approach is very important especially at present in the time of crisis when central banks are performing their policy considering contradictory targets of price stability and economic growth.

Parole chiave

  • Finance
  • fi nancial law
  • issue of money
  • monetary policy
  • monetary equilibrium
  • monetarism
  • Irving Fisher

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