Chapter 10. Elements of the Future International Legal Regime

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JURIST ◽  
2021 ◽  
Vol 4 ◽  
pp. 11-16
Author(s):  
Oleg V. Makarov ◽  

Taking into account the historical and legal aspects, the article examines the current problems of improving the system of contractual relations of construction activities. The doctrine’s lack of attention to the study of contractual relations on construction, taking into account the combination of socio-economic factors and trends in the development of civil and legal regulation, has been revealed. The theoretical development of the problems of unification and differentiation of contractual relations on construction taking into account the specifics of construction and installation works was noted. The improvement of the civil-legal regime of contractual construction activities is seen in the adoption of the consolidation act.


2010 ◽  
Vol 1 (1) ◽  
Author(s):  
Francesco Sindico

This paper analyses the environmental integrity, the nature and the political relevance of the Copenhagen Accord. According to the first two parameters, the Copenhagen Accord is not satisfactory. From a political point of view the conclusion is slightly different, albeit not positive. This paper concludes arguing that after the Copenhagen Conference the future of the international climate change legal regime is likely to be more fragmented, the Accord being one further piece of the global carbon puzzle.


Author(s):  
Andreone Gemma

The role of the Economic Exclusive Zone (EEZ) in the international law of the sea remains a controversial issue two decades after the 1982 United Nations Convention on the Law of the Sea (LOSC) came into force. This chapter examines the evolution of the concept and its juridical nature, and the legal regime applicable to the EEZ. It considers the future development of the EEZ legal regime, exploring the principal controversial features that may influence its course.


2019 ◽  
Vol 11 (1) ◽  
pp. 243-270
Author(s):  
Mélanie Clément-Fontaine

Purpose – The article brings an examination of the legal regime of civil liability of the content and stockage Internet providers (technical intermediaries) under the European and French law in order to evaluate the possibilities of a new regulatory design, which may provide a better balance between the rights and obligations of those technical intermediaries. Methodology/approach/design – The research uses legal articles and rulings to provide an analysis of the European and French regarding the civil liability of the technical intermediaries to assess the limits of the current legal regulatory regime. Findings – Extracting data from rulings, technical reports and academic legal texts, the article shows the possibility of legal construction of new regulatory means that may provide a better balance between rights and obligations of the technical intermediaries.


Author(s):  
Nataliia Kvit

The article deals with the problem of determining the legal regime of unimplanted embryo in vitro, which due to the significantdevelopment of the field of assisted reproductive technologies, is increasingly at risk of its illegal use, or even illegal creation for commercialor other non-infertility treatment. The author analyzes different doctrinal approaches in the civil law of Ukraine and Germany,through the prism of the current legal regulation and practice of the European Court of Human Rights. The paper supports the positionon the right to the embryo as a personal immaterial right and expands it in the sense that such a component of reproductive rights asthe right to determine the future fate of embryos in vitro will also belong to persons to whom assisted reproductive technologies havebeen applied and as a result these embryos where created. Resulting from this analysis, the position on the inadmissibility of the interpretationof the unimplanted embryo as an object of property law is expressed. To support this point of view, the author cites the judgmentof the European Court of Human Rights in Parrillo v. Italy, in which the court emphasized the inadmissibility of the assessmentof embryos as an object of property rights. In particular, the paper proposes to define the regime of unimplanted embryo in vitro as anobject that has a personal immaterial connection to persons for whose treatment of infertility (parents-customers) it was created. Andit is these individuals who will have the right to determine its future. In this regard, it is proposed to reflect this concept in the cuurentregulation in partricular Procedure for the use of assisted reproductive technologies. From the proposed wording, first, it will followthat in vitro embryos created as a result of the partial or full use of donor biological material at the request of persons to whom assistedreproductive technologies are applied will have this personal connection only with the future parents and there will not be an ethicaldilemma regarding who will have the right to determine their future fate (biological parents (reproductive cell donors) or future parents).Secondly, it will also mean that embryos can only be created for reproductive purposes, and an institution providing reproductive ser -vices will not have the right to create or dispose of embryos in vitro at its own discretion without the proper consent of its future parent.And, thirdly, it will exclude the possibility of interpreting such embryos as objects of property rights.


2016 ◽  
Vol 61 (1) ◽  
pp. 1-29 ◽  
Author(s):  
Anita Anand

The rules regarding shareholder rights plans, also known as “poison pills”, ensure that boards of directors facing a hostile takeover bid can retain a poison pill for a period of time in order to search for other potential offers. Over the years, the period of time has grown in length from twenty to thirty-five days and the Canadian Securities Administrators (CSA) have recently proposed a 120-day period during which takeover bids would remain open. In light of the historical rationale of takeover bid law to protect the interests of target shareholders, this article argues that the legal regime should not allow an extensive bid period of 120 days. While other aspects of the CSA proposal are sound, a lengthy bid period disadvantages both target shareholders and bidders and will ultimately deter bids from occurring.


This chapter focuses on protection and conservation of one of the most important sources of freshwater in India—the groundwater. The existing legal framework on groundwater consists of instruments at the Union and state levels. The first section of the chapter covers instruments that are the basis of the most important regulatory institution at the Union level, the Central Groundwater Authority. Given the fact that a number of states have enacted a separate law to govern groundwater, the second section reproduces instruments to demonstrate different models adopted by different states. Over the last few years, a few initiatives have been taken by the central government to propose Model Groundwater Bills to encourage state governments to reform groundwater laws. The third section reproduces the latest draft of the Model Groundwater Bill that indicates the future direction of the groundwater legal regime in India.


2010 ◽  
Vol 59 (3) ◽  
pp. 824-843 ◽  
Author(s):  
Lavanya Rajamani

The last two years have witnessed a flurry of diplomatic activity on climate change. In addition to the 16 weeks of scheduled inter-governmental negotiations under the auspices of the UN Framework Convention on Climate Change (FCCC), meetings, many at a Ministerial level, were convened by the G-8, the Major Economies Forum, the UN Secretary General, and Denmark, the host of the 15th Conference of Parties (COP-15) to the FCCC. Notwithstanding regular and intense engagement at the highest-level many fundamental disagreements remained in the lead up to COP-15, including on the future (or lack thereof) of the Kyoto Protocol, the legal form and architecture of the future legal regime, and the nature and extent of differential treatment between developed and developing countries.


2021 ◽  
pp. 1-12
Author(s):  
Sharefah A. Almuhana

Abstract This article intends to explain the legal regime of the Kuwaiti–Saudi Divided Zone, also called the Neutral Zone, in accordance with the Kuwait–Saudi Arabia Agreement to Partition the Neutral Zone signed in 1965, the Treaty Between Kuwait and Saudi Arabia Concerning the Submerged Area Adjacent to the Divided Zone signed in 2000, the Treaty Supplements to the Agreement to Partition and Treaty Concerning the Submerged Area signed in 2019, and the 2019 Memo of Understanding. Additionally, this article addresses the concerns raised by many Kuwaiti scholars, writers, and policymakers regarding the legitimacy and constitutionality of the divided zone system. Moreover, this article emphasizes the importance of the agreed-upon regime based on the principles of sovereignty and cooperation for advancing the interests of both parties at present and in the future. Finally, this article aims to shed light on some potential issues of conflict.


2018 ◽  
Vol 16 (2) ◽  
pp. 183-202 ◽  
Author(s):  
Samuël Kruizinga

Struggling to Fit In. The Dutch in a Transnational Army, 1936-1939 The Spanish Civil War (1936–1939) possessed a transnational resonance that echoed far beyond the borders of the country in which it was fought. It drew thousands of foreign fighters to Spain where, as many believed, the future of Europe would be decided. Most of them fought on the side of the embattled Republican government against an uprising supported by international Fascism. Given the foreign fighters’ similar socio-economic backgrounds and shared anti-Fascist sentiment, historians have suggested that the «International Brigades», formed out of these foreign fighters, constitute a true transnational army. This article suggests, however, that many of these foreign fighters had real trouble forging a transnational connection with their fellow fighters. Focusing on Dutch Interbrigadiers, it further highlights how the specificities of Dutch political culture and the legal regime created in the Netherlands combined to create a unique set of circumstances that impeded Dutch foreign fighters’ abilities to effectively work together with their German colleagues in Spain and their post-Spanish Civil War efforts to resist the Nazi occupation of the Netherlands. This article suggests, therefore, that the International Brigades do not possess a single, distinctive and collectively transnational identity. Rather, they are made up of different identity layers that can, but need not, be mutually exclusive, and are linked to elements of different national and/or military cultures.


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