scholarly journals The Status of Soft Law in Interpreting the Lithuanian Constitution

Teisė ◽  
2021 ◽  
Vol 121 ◽  
pp. 98-114
Author(s):  
Donatas Murauskas

In this paper, I examine the status of soft law in the official interpretation of the Lithuanian Constitution. The “living constitution” doctrine dominates the Lithuanian constitutional scholarship. I question this dominance by providing insights on the essence and application potential of the alternative methodology – the doctrine of originalism. Based on originalistic approach, I doubt the normative claim made in Lithuanian constitutional scholarship that soft law could be considered as a mandatory source of interpretation of the Lithuanian Constitution.

Author(s):  
Chris Armstrong

The status quo within international politics is that individual nation-states enjoy extensive and for the most part exclusive rights over the resources falling within their borders. Egalitarians have often assumed that such a situation cannot be defended, but perhaps some sophisticated defences of state or national rights over natural resources which have been made in recent years prove otherwise. This chapter critically assesses these various arguments, and shows that they are not sufficient to justify the institution of ‘permanent sovereignty’ over resources. Even insofar as those arguments have some weight, they are compatible with a significant dispersal of resource rights away from individual nation-states, both downwards towards local communities, and upwards towards transnational and global agencies.


2021 ◽  
pp. 1-4
Author(s):  
Anders Björklund

In two recent postmortem studies, Jeffrey Kordower and colleagues report new findings that open up for an interesting discussion on the status of GDNF/NRTN signaling in patients with Parkinson’s disease (PD), adding an interesting perspective on the, admittedly very limited, signs of restorative effects previously seen in GDNF/NRTN-treated patients. Their new findings show that the level of the GDNF signaling receptor Ret is overall reduced by about 65% relative to non-PD controls, and most severely, up to 80%, in nigral neurons containing α-synuclein inclusions, accompanied by impaired signaling downstream of the Ret receptor. Notably, however, the vast majority of the remaining nigral neurons retained a low level of Ret expression, and hence a threshold level of signaling. Further observations made in two patients who had received AAV-NRTN gene therapy 8–10 years earlier suggest the intriguing possibility that NRTN is able to restore Ret expression and upregulate its own signaling pathway. This “wind-up” mechanism, which is likely to depend on an interaction with dopaminergic transcription factor Nurr1, has therapeutic potential and should encourage renewed efforts to turn GDNF/NRTN therapy into success, once the recurring problem of under-dosing is resolved.


2021 ◽  
pp. 1-17
Author(s):  
Matthias Knauff

In combating the coronavirus pandemic in Germany, soft law has played an important, albeit not a central, role. Its use basically corresponds to that of under “normal circumstances”. In accordance with the German constitutional order, almost all substantial decisions are made in a legally binding form. However, these are often prepared through or supplemented by soft law. This article shows that soft law has played an important role in fighting the pandemic and its effects in Germany, although there cannot be any doubt that legally binding forms of regulation have prevailed. At the same time, the current pandemic has shed light on the advantages and effects of soft law in the context of the German legal order.


2014 ◽  
Vol 31 (4) ◽  
pp. 10-13 ◽  
Author(s):  
Sharon Q. Yang

Purpose – This study aims to ascertain the trends and changes of how academic libraries market and deliver information literacy (IL) on the web. Design/methodology/approach – The author compares the findings from two separate studies that scanned the Web sites for IL-related activities in 2009 and 2012, respectively. Findings – Academic libraries intensified their efforts to promote and deliver IL on the web between 2009 and 2012. There was a significant increase in IL-related activities on the web in the three-year period. Practical implications – The findings describe the status quo and changes in IL-related activities on the libraries’ Web sites. This information may help librarians to know what they have been doing and if there is space for improvement. Originality/value – This is the only study that spans three years in measuring the progress librarians made in marketing and delivering IL on the Web.


1993 ◽  
Vol 02 (03) ◽  
pp. 507-546 ◽  
Author(s):  
M.K. MOE

Substantial progress has been made in double beta decay experiments in the past few years, including the beginning of sensitive new searches for neutrinoless double beta decay, and several additional positive detections of the two-neutrino mode by geochemical, radiochemical, and direct-counting techniques. This review discusses the recent experimental activity.


Temida ◽  
2007 ◽  
Vol 10 (3) ◽  
pp. 11-24
Author(s):  
Zoran Radivojevic ◽  
Nebojsa Raicevic

In International law, the status of persons with mental disabilities is regulated within the framework on the protection of persons with disabilities. Their rights are protected not only by international treaties comprising legal provisions of binding character for the parties but also by means of the so-called "soft law" comprising international documents which are not legally binding. Most of the general and subject specific treaties on human rights do not explicitly deal with the status of persons with disabilities. Only recently have some treaties been made containing legal provisions on special protection of persons with disabilities. The most important treaty of this kind is the UN Convention on the Rights of Persons with Disabilities, adopted in the year 2006. The protection of such persons is regulated in much more detail by "soft law" which includes a number of documents adopted by the UN, the Council of Europe and the European Union. Although most of these documents primarily pertain to the rights and the status of persons with disabilities, there are a few that exclusively deal with the protection of persons with mental disorder.


2017 ◽  
Vol 3 (1) ◽  
pp. 1
Author(s):  
LESTARI NINGRUM

Aviation business is a capital intensive and high risk in terms of safety. Legislation in force in Indonesia requires enterprises should cost in the form of a limited liability company that is obliged to deposit the basic capital of 500 billion rupiah. The capital cannot be made in working capital which is useful for the collateral to a third party. The regulations for a limited liability company are to be established by at least 2 people. The purpose of this research is to analyze the linkage of the board directors and the status of aviation industry licensing law. The position of the legal status of business entities where shareholder is only one person is to be studied in this descriptive study. The result shows that the airlines company should provide the capital risk and high insurance of the third party. UUPT also has given the authority of the shareholders (who owns 20 % of the share) to be decision makers in the company. However, without independent surveillance, it is possible that the shareholders do some mistakes in making decisions. Some mistakes are related to the policy, the using of authorized capital, and others. Aviation business is a capital intensive and high risk in terms of safety. Legislation in force in Indonesia requires enterprises should cost in the form of a limited liability company that is obliged to deposit the basic capital of 500 billion rupiah. The capital cannot be made in working capital which is useful for the collateral to a third party. The regulations for a limited liability company are to be established by at least 2 people. The position of the legal status of business entities where shareholder is only one person is to be studied in this descriptive study.


2020 ◽  
Vol 3 (1) ◽  
pp. 85-105
Author(s):  
Indah Parmitasari

This article seeks to discuss the authentication of financing contracts in Islamic banking in the use of lafadz basmallah. The problem discussed is how to authenticate the financing contract deed in Islamic banking in the use of lafadz basmallah. Every financing activity in Islamic banking is made in a contract, to get certainty and strength of perfect proof, the bank wants the contract to be made in an authentic deed. An authentic deed is a deed made by or in the presence of an authorized official for that purpose is made according to the provisions of the law. Notary as the official in charge of making the deed is guided by Article 38 of the Notary Position Law. A deed must fulfill the provisions of Article 1868 of the Civil Code, which is made by and or before an authorized official, and made a public official who has the authority. The notary is authorized as long as the certificate, person, place and time of the deed are made. This article concludes that the financing contract deed in Islamic banking that contains lafadz basmallah at the beginning of the deed does not meet the requirements of Article 1868 of the Civil Code, because it violates the provisions of Article 38 of the Notary Position Law so that the status of the act is degraded into a deed under the hand. Abstrak Artikel ini membahas tentang autentikasi akad pembiayaan pada perbankan syariah dalam penggunaan lafadz basmallah. Permasalahan yang dibahas adalah bagaimana keautentikan akta akad pembiayaan pada perbankan syariah dalam penggunaan lafadz basmallah. Setiap kegiatan pembiayaan dalam perbankan syariah dibuat dalam suatu akad, guna mendapatkan kepastian dan kekuatan pembuktian yang kuat, bank menghendaki akad dibuat dalam bentuk akta autentik. Akta autentik adalah akta yang dibuat oleh atau di hadapan pejabat yang berwenang untuk itu sesuai dengan ketentuan undang-undang. Notaris sebagai pejabat yang berwenang dalam membuat akta berpedoman pada Pasal 38 Undang-Undang Jabatan Notaris tentang bentuk akta. Suatu akta harus memenuhi ketentuan Pasal 1868 KUH Perdata, yaitu dibuat oleh dan atau di hadapan pejabat yang berwenang, dibuat menurut ketentuan undang-undang. Notaris berwenang sepanjang mengenai aktanya, orangnya, tempat dan waktunya akta dibuat. Artikel ini menyimpulkan bahwa akta akad pembiayaan pada perbankan syariah yang memuat lafadz basmallah pada awal akta kedudukannya bukan lagi sebagai akta autentik tetapi terdegradasi menjadi akta di bawah tangan, karena syarat otentisitas Pasal 1868 KUH Perdata tidak terpenuhi, yaitu syarat formalitas sesuai Pasal 38 Undang-Undang Jabatan Notaris Perubahan.


2021 ◽  
Author(s):  
Heike Rauer ◽  
Isabella Pagano ◽  
Miguel Mas-Hesse ◽  
Conny Aerts ◽  
Magali Deleuil ◽  
...  

<p>PLATO is an ESA mission dedicated to the study of exoplanets and stars, with a planned launch date in 2026. By performing photometric monitoring of about 250 000 bright stars (m<sub>V</sub> < 13), PLATO will be able to discover and characterise hundreds of exoplanets, including small planets orbiting up to the habitable zone of solar-like stars. PLATO’s precision will also allow for a precise characterisation of the host stars through asteroseismology. These objectives require both a wide field of view and high sensitivity, which are achieved with a payload comprising 24 cameras with partially overlapping fields of view. They are complemented by 2 more cameras optimised for brighter stars that will also be used as fine guidance sensor. The PLATO development phase started after the mission adoption in July 2017. The Mission Preliminary Design Review (PDR) was declared successful in October 2020. The implementation and delivery to ESA of the flight model CCDs for all cameras (4 CCDs per camera) has been completed. Currently the Structural Thermal Model (STM) of the payload optical bench is being manufactured, while the STM of a single camera has already been successfully tested. In parallel, a first engineering model of a complete, fully functional camera is being integrated, to verify its performance under operational conditions, and the qualification models of the different payload units are being built.</p> <p>We will present the status of the PLATO payload implementation in the context of the satellite development. In particular, we will describe the payload manufacturing, integration, and tests that will be reviewed at the Critical Milestone in the second half of 2021. We will also summarise the progress made in the science preparation activities, as well as on the ground segment.</p>


Author(s):  
Alexey Ivanovich Nikitenko ◽  
Dmitry Vladimirovich Goryachev ◽  
Vladimir Gennadlevich Kostousov ◽  
Georgy Prokofievich Prischepov ◽  
Viktor Kazimirovich Rizevsky ◽  
...  

The study presents materials on the status of aquatic biological resources and their habitat in the Dnieper River within the territory of the Russian and the Belarus. In the recent period, there has been hardly any complex fishery research in the upper reach of the river within the boundaries of the Smolensk Region due to the lack of commercial fishing; the same can be applied to the reach of the river within the Vitebsk Region in Belarus. The collection of materials and scientific and research accounting network surveys for monitoring the state of aquatic bioresources were carried out on the Dnieper River as part of the research in 2019 according to a preplanned grid of stations. When fishing for scientific research purposes, 20 net-stops of smooth frame nets were made in the Russian section, and 9 net-stops were made in the Belarusian section. In the Russian section of the Dnieper River, the species composition was 16 species of fish, and in the Belarusian section — 22 species. The main catch in the Russian section is roach 29% and chub 20%, in the Belarusian section bream — from 3 to 46%, roach — from 19 to 63% and gustera — from 1.8 to 33%, in a slightly smaller number of river perch (on average up to 10%). The share value of roach and guster tends to decrease from the upper to the lower areas, bream-on the contrary to increase, the value of perch is approximately equal in all areas. In the size structure of the caught fish species, there is a dynamic with a good reproductive potential.


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