I.2 LEGAL MAXIMS: SUMMARIES AND EXTRACTS FROM SELECTED CASE LAW

2020 ◽  
pp. 387-398
Keyword(s):  
Costa Rica ◽  
Case Law ◽  
Historical Background ◽  
Border Area ◽  
Legal Principles ◽  
The Republic

Certain Activities Carried Out by Nicaragua in the Border Area (Costa Rica v. Nicaragua), Compensation Owed by the Republic of Nicaragua to the Republic of Costa Rica, Judgment, 2 February 2018 Contents ** I. HISTORICAL BACKGROUND II. LEGAL PRINCIPLES APPLICABLE TO DETERMINATION OF COMPENSATION OBLIGATION TO MAKE FULL REPARATION...

Legal Maxims: Summaries and Extracts from Selected Case Law

2017 ◽  
Author(s):  
Giuliana Ziccardi Capaldo
Keyword(s):  
Costa Rica ◽  
Case Law ◽  
San Juan ◽  
Border Area ◽  
San Juan River

Certain Activities Carried out by Nicaragua in the Border Area (Costa Rica v. Nicaragua) Proceedings joined with Construction of a Road in Costa Rica Along the San Juan River (Nicaragua v. Costa Rica), Judgment, 16 December 2015Contents**I. JURISDICTION OF THE COURTII....

scholarly journals Matrimonial Finance Consequent on Divorce: The English Structure

1969 ◽  
pp. 229
Author(s):  
Joseph Jackson
Keyword(s):  
Case Law ◽  
Historical Background ◽  
Relevant Case ◽  
Recent Developments ◽  
Financial Consequences ◽  
English Law

The Matrimonial Proceedings and Property Act 1970 (U.K.) made considerable changes to the English law of matrimonial finance. Joseph Jackson reviews the historical background and recent developments with respect to the Act and discusses the effect of this legislation on the courts 'determination of the financial consequences of divorce. The relevant case law is examined and comments of the English Law Commis sion are summarized.

A critical analysis of the competition authorities’ treatment of the element of causation in exclusionary abuse cases

2020 ◽  
Vol 6 (2) ◽  
pp. 49-81
Author(s):  
Sibusiso Radebe
Keyword(s):  
Critical Analysis ◽  
Common Law ◽  
Competition Law ◽  
Case Law ◽  
Competitive Effect ◽  
Central Importance ◽  
Legal Principles ◽  
Abuse Case ◽  
The Common

It is trite law that in order for an impugned act to be condemned in terms of the exclusionary abuse prohibition, entrenched under the Competition Act 89 of 1998, there must be evidence evincing that the said act caused some anti-competitive effect and that the anti-competitive effect caused by the said act outweighs any procompetitive effect caused by it. This position makes the element of causation of central importance in the determination of whether or not to condemn an impugned act in terms of the exclusionary abuse prohibition. However, despite the pivotal role played by causation in the resolution of exclusionary abuse cases, the competition authorities have repeatedly neglected to, inter alia, expound the framework of causation envisaged under the exclusionary abuse prohibition and state the legal principles upon which their conclusions of causation are based. This neglect has caused some competition law commentators to argue that the competition authorities have failed to assess the element of causation in exclusionary abuse cases. This paper examines exclusionary abuse case law through the lens of the common-law framework and tests for assessing causation and demonstrates that, despite the criticism levelled against the competition authorities, first, the authorities do in fact have a framework of causation and tests for assessing causation; secondly, the authorities have been employing the framework referred to above consistently since its first appearance in the case law; and thirdly, the said framework is consistent with the framework of causation envisaged, or apparently envisaged, under the exclusionary abuse prohibition entrenched in the Competition Act 89 of 1998.

scholarly journals The new possibility of methodology of sentencing in Croatia de lege ferenda – the new improved formula

2020 ◽  
Vol 57 (2) ◽  
pp. 585-603
Author(s):  
Marta Dragičević Prtenjača
Keyword(s):  
Rule Of Law ◽  
Case Law ◽  
The United States ◽  
Sentencing Guidelines ◽  
Legal Certainty ◽  
The Rule Of Law ◽  
Law System ◽  
The Republic ◽  
Similar Solutions

The inconsistent case law seems to be a relatively big problem because it affects confidence in justice and legal certainty. The background of this problem is process of sentencing. In Croatia there is no methodology for determining the punishment. Of course, the Croatian Penal Code has the norms which regulate the purpose of punishment and it, in some generic form, stipulates the circumstances which can be relevant for determining the punishment. However, it does not say anything about the process itself nor does it define the methodology to carry it out. During this process the court has to bear in mind the purpose of sentencing and the perpetrators guilt, in order for punishment to be proper and would correspond to the severity of the committed offense. Hence, as here is no methodology no one can be sure whether or not this process was lege artis. In that regard author give their proposition of possible solution to this matter. They are suggesting the introduction of non-mandatory ‘formula’ for sentencing into the Croatian criminal law system. The formula would now be improved And more appropriate than the previous one. Author believe ‘the formula’ should contribute to the harmonization of case-law in Croatia and to the preservation of the principle of legal certainty and finally the rule of law. Similar solutions already exist in some countries. The Republic of North Macedonia, which incorporates the civil or continental law system, introduced the special Law for the Determination of the Type and Duration of Sentence in 2015, while the United States have been applying the Sentencing Guidelines since 1987.

scholarly journals Geographic maps as evidence in practice of the international court of justice

2016 ◽  
Vol 68 (1) ◽  
pp. 95-111
Author(s):  
Marko Novakovic
Keyword(s):  
Costa Rica ◽  
Direct Evidence ◽  
Case Law ◽  
The State ◽  
International Court Of Justice ◽  
Border Area ◽  
Court Of Justice ◽  
International Court ◽  
San Juan River ◽  
The Will

The paper deals with the use of geographic maps as evidence in the practice of the International Court of Justice with a view to the latest cases in which the Court in its judgments elaborated maps as evidence: the case Certain Activities carried out by Nicaragua in the Border Area (Costa Rica v. Nicaragua) and Construction of a Road in Costa Rica along the San Juan River (Nicaragua v. Costa Rica). The analysis comprehends the evidentiary value of geographic maps throughout the International Court of Justice's jurisprudence and even in the case-law of its predecessors. The author emphasizes that the substantial element that affects whether a geographic map will be accepted as direct evidence before the International Court of Justice is the consent of the parties to the dispute, as well as the fact, that the map stands as an expression of the will of the state. The author concludes that the map properties-such as details, quality and consistency-have no impact on the acceptance of the map as direct evidence, but only on whether the geographic map is to be accepted as an indirect proof.

Time and Latitude in South Africa

1972 ◽  
Vol 1 ◽  
pp. 27-38
Author(s):  
J. Hers
Keyword(s):  
South Africa ◽  
Cape Town ◽  
Astronomical Observations ◽  
Royal Observatory ◽  
The Republic ◽  
Astronomical Determination ◽  
Limited Accuracy ◽  
Better Than

In South Africa the modern outlook towards time may be said to have started in 1948. Both the two major observatories, The Royal Observatory in Cape Town and the Union Observatory (now known as the Republic Observatory) in Johannesburg had, of course, been involved in the astronomical determination of time almost from their inception, and the Johannesburg Observatory has been responsible for the official time of South Africa since 1908. However the pendulum clocks then in use could not be relied on to provide an accuracy better than about 1/10 second, which was of the same order as that of the astronomical observations. It is doubtful if much use was made of even this limited accuracy outside the two observatories, and although there may – occasionally have been a demand for more accurate time, it was certainly not voiced.

The Legal Status of Local Government in South Africa under the New Constitutional Dispensation

2018 ◽  
Vol 33 (2) ◽  
Author(s):  
Mbuzeni Mathenjwa
Keyword(s):  
South Africa ◽  
Local Government ◽  
Legal Status ◽  
Case Law ◽  
The Status ◽  
History Of ◽  
The Republic ◽  
First Time

The history of local government in South Africa dates back to a time during the formation of the Union of South Africa in 1910. With regard to the status of local government, the Union of South Africa Act placed local government under the jurisdiction of the provinces. The status of local government was not changed by the formation of the Republic of South Africa in 1961 because local government was placed under the further jurisdiction of the provinces. Local government was enshrined in the Constitution of the Republic of South Africa arguably for the first time in 1993. Under the interim Constitution local government was rendered autonomous and empowered to regulate its affairs. Local government was further enshrined in the final Constitution of 1996, which commenced on 4 February 1997. The Constitution refers to local government together with the national and provincial governments as spheres of government which are distinctive, interdependent and interrelated. This article discusses the autonomy of local government under the 1996 Constitution. This it does by analysing case law on the evolution of the status of local government. The discussion on the powers and functions of local government explains the scheme by which government powers are allocated, where the 1996 Constitution distributes powers to the different spheres of government. Finally, a conclusion is drawn on the legal status of local government within the new constitutional dispensation.

HADIS KURAIB DALAM KONSEP RUKYATUL HILAL

1970 ◽  
Vol 13 (2) ◽  
Author(s):  
Muslih Husein
Keyword(s):  
The West ◽  
The Earth ◽  
New Moon ◽  
The Republic

Hisab dan rukyat, hakikatnya, adalah cara untuk mengetahui pergantian bulan. Kajian ini memperlihatkan beberapa temuan. Pertama, korelasi antara hadis Kuraib dan terjadinya perbedaan penetapan awal Ramadan, Syawal, dan Dzul Hijjah di Indonesia. Kementerian Agama Republik Indonesia telah menetapkan bahwa Indonesia secara keseluruhan menjadi satu wilayah hukum (wilayatul hukmi). Kedua, tentang keberhasilan rukyat al-hilal di satu kawasan yang diberlakukan bagi kawasan lain di muka bumi. Perlu diketahui bersama bahwa visibilitas pertama hilal tidak meliputi seluruh muka bumi pada hari yang sama, melainkan membelahnya menjadi dua bagian: (1) bagian sebelah Barat yang dapat melihat hilal dan (2) bagian sebelah Timur yang tidak dapat melihat hilal.Hisab and rukyat is a way to know the turn of the month. This study shows several findings. First is the correlation between Kuraib traditions and differences in the determination of the beginning of Ramadan, Shawwal, and Dhul-Hijjah in Indonesia. Ministry of Religious Affairs of the Republic of Indonesia has stated that Indonesia as a whole into a single jurisdiction (wilayatul hukmi). Second, on the success rukyat alhilal in one area that applied to other regions of earth. Important to know that the first visibility of the new moon does not cover the entire face of the earth on the same day, but splitting it into two parts: (1) part of the West to see the new moon, and (2) part of the East were not able to see the new moon.

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