Interim Measures

2021 ◽  
pp. 141-175
Author(s):  
Iain Scobbie
Keyword(s):  
Interim Measures

Features of Copyright and Related Rights Defense on the Internet: Scientific Discussion at a Seminar in the First Court of Appeal

2020 ◽  
Vol 7 ◽  
pp. 94-100
Author(s):  
N. V. Buzova ◽  
◽  
M. M. Karelina ◽  
Keyword(s):  
Copyright Protection ◽  
The Internet ◽  
Judicial Reform ◽  
Scientific Discussion ◽  
Rights Protection ◽  
Moscow City ◽  
Interim Measures ◽  
Judicial Protection ◽  
Appeal Courts ◽  
Court Of Appeal

The final stage of the judicial reform was the creation of new cassation and appeal courts in the system of courts of general jurisdiction that provide additional guarantees for the effective judicial protection of citizens. Russian legislation establishes a mechanism for the protection of infringed copyright and related rights on the Internet. Such a mechanism provides for the imposition of interim measures by the Moscow City Court and the termination by Roskomnadzor of access to the site or page of the site on the Internet, on which information is posted in violation of copyright and related rights. In the case of interim measures, the case decision belongs to competence of the Moscow City Court. As a result of changes in the legislation on the judicial system, the courts of appeal and cassation of general jurisdiction began to work. Consideration of complaints against judicial acts of the Moscow City Court, rendered by them at first instance, are referred to the competence of the new courts. The article notes the stages of development of legislation on copyright protection on the Internet, as well as some problematic aspects of copyright and related rights protection on the Internet.

RESTRICTIVE NATURE AS A SIGN OF INTERIM MEASURES IN THE ARBITRATION PROCESS

2020 ◽  
Author(s):  
Полина Игоревна Калинина
Keyword(s):  
Procedural Law ◽  
Arbitration Process ◽  
Definition Of ◽  
Interim Measures

Данная статья посвящается ограничительному характеру обеспечительных мер в Арбитражном суде. В работе даётся законодательное определение институту обеспечительных мер, а также указываются основные признаки, закреплённые в процессуальном законе. Поскольку уделяется внимание ограничительному характеру, как признаку мер, в работе приводятся виды обеспечительных мер, через которые проводится анализ и исследование данного признака, характеризующего данные меры. This article is devoted to the restrictive nature of interim measures in Arbitration. The paper provides a legislative definition of the institution of interim measures, as well as specifies the main features enshrined in the procedural law. Since attention is paid to the restrictive nature as a feature of measures, the paper presents the types of interim measures through which the analysis and research of this feature that characterizes these measures is carried out.

Interim Measures?

BMJ ◽  
1964 ◽  
Vol 2 (5420) ◽  
pp. 1334-1334
Author(s):  
J. K. Hartwell
Keyword(s):  
Interim Measures

Evolution of Arbitration System under the China FTZ Template

2018 ◽  
Vol 01 (03) ◽  
pp. 1850018
Author(s):  
Liu Huichun
Keyword(s):  
Free Trade ◽  
Ad Hoc ◽  
Third Parties ◽  
International Arbitration ◽  
Republic Of China ◽  
Free Trade Zones ◽  
Judicial Practice ◽  
New Concepts ◽  
Interim Measures ◽  
Made In

The construction of China’s free trade zones (FTZs) has levered the evolution of the arbitration regime in the People’s Republic of China (PRC). Under the FTZ template, breakthroughs in arbitration have been made in regulations, FTZ arbitration rules, arbitral proceedings and judicial practice. The development of FTZ arbitration mechanism is highlighted with the introduction of new concepts, such as ad hoc arbitration consolidation of arbitration joinder of third parties and model cases, and with the updated or expanded interpretation of the existing concepts, such as permission for the offshore arbitration for WFOEs and FIEs interim measures arbitration in combination with mediation, and the open panel of arbitrators. Regardless of the progress, many issues related to the FTZ arbitration need to be clarified, among which is the amendment of the PRC Arbitration Law and keeping it in line with the mainstream international arbitration, constitute probably the most effective way to promote and guarantee the arbitration evolution.

scholarly journals Interim measures as human rights protection instruments: to the problem statement

2021 ◽  
pp. 539-544
Author(s):  
Siuzanna Mnatsakanian
Keyword(s):  
Human Rights ◽  
National Level ◽  
Human Rights Violations ◽  
Human Rights Protection ◽  
Rights Protection ◽  
European Court ◽  
Core Issue ◽  
Great Practice ◽  
Interim Measures ◽  
Human Rights Violation

Conceptual approaches to defining the nature and the scope of interim measures implementation as an instrument of human rights protection at international and national level are analyzed. The widespread use of interim measures as international standard of urgent respond to alleged violations of human rights has not led to the implementation of the legal institute concerned at the national level. Accordingly, this analysis aimed at defining the grounds of interim measures as human rights protection instrument application to be used by the state as an immediate response to human rights violations and possible violations. European Court of Human Rights has a great practice of interim measures granting. Interim measures are granted by the Court only in clearly defined conditions, namely where there is a risk that serious violations of the Convention might occur. A high proportion of requests for interim measures are inappropriate and are therefore refused. Besides, interim measures are applied upon request of the applicant claiming about alleged violations of his or her human rights. At the national level interim measures should/may be granted upon request of the applicant or by the duty-bearer’s initiative to prevent possible human rights violations. The grounds of interim measures granting should also be defined – the best international practice should be used taking into account the Ukrainian context. Another core issue analyzed is defining duty-bearers – subjects enforced to grant interim to prevent abuse in the sphere concerned. It is obvious that court shall be the only authority to resolve the substantive case of alleged human rights violation. However, public and local authorities shall be enabled to grant interim measures to prevent the possible violations. With this, the scope and the sphere of its application at the national level shall be broader in comparison with the case law of the European Court of Human Rights.

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