‘Un Somaro Piumato’--Rethinking the Scope and Nature of State Liability for Acts of their Commercial Instrumentalities: State Owned Enterprises and State-Owner Liability in the Post-Global

2021 ◽  
Author(s):  
Larry Catá Backer
Keyword(s):  
State Liability

Dyskusja na temat odpowiedzialności odszkodowawczej państwa za szkody wyrządzone przez bezprawne działania urzędników na Kongresie Prawników Niemieckich w Kilonii w 1906 roku

2017 ◽  
Vol 15 (2) ◽  
pp. 131-146
Author(s):  
Andrzej Adamczyk
Keyword(s):  
19Th Century ◽  
Legal Regulations ◽  
Legal Problems ◽  
Legal Questions ◽  
German States ◽  
Illegal Acts ◽  
State Liability ◽  
German Reich ◽  
The 19Th Century ◽  
German Association

One of the most important legal problems discussed in the 19th century by German lawyers was that of state liability due to damages resulting from illegal acts of its officials. An influential forum of exchange of ideas was the German Association of German Jurists which organized all-German congresses to solve legal questions in order to promote German unity. Although the problem of state responsibility was discussed at some of the Association congresses in the 19th century, the most interesting was that held in Kiel in 1905. It was due to the fact that many German states had at that time legal regulations concerning state liability, but they were quite different. That generated many complications, making realization of a legal unity within the German Reich difficult. Two proposals for solving this situation were presented at the Congress in Kiel by Otto von Gierke and Rudolf von Herrnritt. Their ideas constituted bases for the discussion which followed. The paper presents the discussion on the state liability, which took place at the Congress in Kiel.

Is the Infringement of a Treaty a Fault?

2020 ◽  
Vol 11 (1) ◽  
pp. 37-56
Author(s):  
Françoise Auvray
Keyword(s):  
Direct Effect ◽  
Legal System ◽  
Legal Order ◽  
International Treaties ◽  
Public Authorities ◽  
International Treaty ◽  
National Legal System ◽  
Tort System ◽  
State Liability

AbstractThis contribution deals with the wrongful behaviour of public authorities, in this case in particular the Belgian State, and delves into a challenge that the multi-levelled legal order poses for the national tort system. It inquires how the violation of an international treaty relates to liability in the national legal system. More specifically, the author examines if it is necessary, when dealing with state liability, to limit the concept of fault to the infringements of international treaties with direct effect, excluding the violation of those without such effect.

Staatsklimahaftung

2021 ◽  
Author(s):  
Isabell Böhm
Keyword(s):  
Climate Change ◽  
European Union ◽  
Greenhouse Gas ◽  
The European Union ◽  
Eu Member States ◽  
Basic Law ◽  
State Liability ◽  
Liability Claims ◽  
The Eu ◽  
Made In

Climate change litigation is becoming increasingly important. This thesis deals with the question whether state liability claims against Germany or the EU can be justified, if commitments to reduce greenhouse gas emissions are not met. For this purpose, the claim under public liability according to § 839 German Civil Code in connection with Art. 34 German Basic Law, the liability of the EU-Member States and the liability of the European Union according to Art. 340 II TFEU are discussed. At the end of the thesis, considerations on the practical perspectives of state liability are made in order to improve their prospects of success.

scholarly journals Neurodevelopment of small-for-gestational age infants: behavioral aspects in first year

2014 ◽  
Vol 72 (7) ◽  
pp. 517-523 ◽  
Author(s):  
Bernadete Mello ◽  
Heloisa Gagliardo ◽  
Vanda Gonçalves
Keyword(s):  
Gestational Age ◽  
Small For Gestational Age ◽  
Infant Development ◽  
Rating Scale ◽  
Full Term ◽  
First Year ◽  
Behavior Rating Scale ◽  
Appropriate For Gestational Age ◽  
Test Materials ◽  
State Liability

The purpose of this study was to compare the behavior of full-term small-for-gestational age (SGA) with full-term appropriate-for gestational age (AGA) infants in the first year of life. We prospectively evaluated 68 infants in the 2nd month, 67 in the 6th month and 69 in the 12th month. The Bayley Scales of Infant Development-II were used, with emphasis on the Behavior Rating Scale (BRS). The groups were similar concerning the item “interest in test materials and stimuli”; there was a trend toward differences in the items “negative affect”, “hypersensitivity to test materials” and “adaptation to change in test materials”. The mean of Raw Score was significantly lower for the SGA group in the items “predominant state”, “liability of state of arousal”, “positive affect”, “soothability when upset”, “energy”, “exploration of objects and surroundings”, “orientation toward examiner”. A lower BRS score was associated with the SGA group in the 2nd month.

scholarly journals INTERNATIONAL ENVIRONMENT PROTECTION DURING ARMED CONFLICT CASE STUDY: ISRAEL-LEBANON CONFLICT

2008 ◽  
Vol 38 (1) ◽  
pp. 35
Author(s):  
Arie Afriansyah
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Armed Conflicts ◽  
Environment Protection ◽  
International Environment ◽  
State Liability

AbstrakDuring the last decade many armed conflicts were occurred between nationsor states. From that situation initially people just have interests throughhuman who been victim more than environment destructions that had beenaffected. Furthermore since those environment defects have influencedthrough human living then triggered awareness toward worst effect of thewar. The author by this article does configure how by conflict between Israeland Lebanon (Hezbollah) have shaped bad affects not only to local but alsoregionally through the environment. Under that elaboration then willexamine how to resolve the conflict under international law and also toascertain state liability through environment destruction what was ensued

scholarly journals Legal Issues of Assisted Reproduction- the Albanian Perspective

2014 ◽  
Vol 1 (1) ◽  
pp. 179
Author(s):  
Jonada Zyberaj
Keyword(s):  
Assisted Reproduction ◽  
New Technologies ◽  
Family Law ◽  
Legal Issues ◽  
Legal Issue ◽  
Constitutional Rights ◽  
Human Right ◽  
European Court ◽  
Legislative Changes ◽  
State Liability

Assisted reproduction was provided in Albania as an alternative way of reproduction by the "Reproductive Health" law of 2002. This law is an attempt to give the possibility of access in new technologies of reproduction as surrogacy, heterologues and homologues artificial reproduction to infertile persons, but since the enter into force of this law no further provisions has been made to regulate the procedures and the consequences coming from its applicability. The issue of assisted reproduction is still a subject of debate and of legislative changes as it is still not completely regulated by law. in this important issue, constitutional rights of different individuals, different interests and family law principles are involved. Ethical, scientific and legal factors are those which should be taken into consideration by the legislator in the attempt to make further legislative provisions. This paper analyses the few provisions on the assisted reproduction in the Albanian legislation. As a concept which implicates many institutions in different fields, the paper aims to give the Albanian perspective on different legal issues related to the topic. The reproductive right as human right and the state liability to ensure it through the health care system should be analyzed according to the Albanian Constitution and the European Court of Human Rights. The consequences of the ART on the family law is another legal issue with which the Albanian legislator has to deal with as the implementation of the techniques on assisted reproduction was not accompanied by the necessary changes in the provisions of family law. The legislations of different European countries which have the best experiences on the field will be put face to face and compared in order to give the best practices.

scholarly journals STATE LIABILITY FOR NON-PECUNIARY DAMAGES IN THE JURISPRUDENCE OF THE EUROPEAN COURT OF HUMAN RIGHTS

TEME ◽  
2020 ◽  
pp. 017
Author(s):  
Nebojša Raičević ◽  
Zoran Radivojević
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
European Court ◽  
Moral Damage ◽  
State Liability

Non-pecuniary damages are a form of just satisfaction that the ECtHR may award if a violation of protected rights is found. These damages can be claimed by individuals, groups of persons, non-governmental organizations and states, whereby the awarded amount must be distributed to individual victims. However, for the Court to award compensation for non-pecuniary damage, several requirements must be met. The Court has awarded compensation for non-pecuniary damage on several grounds, such as pain, stress, anxiety, frustration, embarrassment, humiliation, and loss of reputation. Unfortunately, the criteria for determining the amounts of compensation for moral damage are still not clear and precise, so they have been determined by the Court on an equitable basis, taking into account its case-law standards.

scholarly journals The state liability for damages caused by its judicial authorities

2003 ◽  
Vol 75 (9-10) ◽  
pp. 409-422
Author(s):  
Nikola Mihailović
Keyword(s):  
Human Rights ◽  
The State ◽  
Point Of View ◽  
Council Of Europe ◽  
Member States ◽  
Legal Provisions ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
State Liability ◽  
Domestic Law

A breach of any right or freedom under the Convention for the Protection of Human Rights and Fundamental Freedoms, leads to but is not limited to liability of the State for damages. That liability is much stricter than the State liability for damage provided according to the domestic law provisions currently in force. The current provisions on State liability for the work of its judiciary do not include the damage caused by improper interpretation and application of the relevant legal provisions. In contrast, the liability of the Council of Europe Member States for the damage caused by their judicial and other authorities, through the breach of the human rights and fundamental freedoms guaranteed by the Convention includes their liability for improper interpretation and application of the relevant provisions of the Convention. That liability is so strict that it in fact comes equal to no-fault liability, from the point of view of its legal consequences. This is so, although it is regulated only as a presumed liability for which there are no grounds of limitation. As a result, two systems of liability for damage caused by judicial authorities will exist in our State Union and in its member states, after the ratification of the aforementioned Convention: liability pursuant to the domestic legal provisions and liability pursuant to the Convention. For that reason, a reform of the provisions on liability is necessary, which will lead to tightening of liability for damage caused by judiciary pursuant to the domestic rules. How to achieve this is a separate issue, which will not be discussed on this occasion.

Member State Liability in Damages

1996 ◽  
Vol 55 (3) ◽  
pp. 412-415
Author(s):  
Takis Tridimas
Keyword(s):  
Member State ◽  
State Liability
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