COLABORAÇÃO PREMIADA SEGUNDO A TEORIA GERAL DA PROVA NACIONAL E ESTRANGEIRADEFENDANT´S COOPERATION AGREEMENT FROM THE PERSPECTIVE OF NACIONAL AND FOREIGN EVI-DENCE THEORY

2017 ◽  
Vol 7 (13) ◽  
Author(s):  
Fábio Ramazzini Bechara (Mackenzie/SP) ◽  
Gianpaolo Poggio Smanio (Mackenzie/SP)
Keyword(s):  
Cooperation Agreement

O objetivo do artigo é analisar o instituto da colaboração premiada segundo a teoria geral da prova, de modo a delimitar a sua natureza como meio de obtenção e meio de prova. A colaboração premiada insere-se no contexto da justiça negocial como uma alternativa procedimental simplificadora, que estabelece um novo marco na relação entre prova e verdade. A lógica dialética de construção da verdade é atenuada pela lógica formal na formação da culpa do colaborador, mas não na formação da culpa de terceiros.

Intellectual Property and Mega-Regional Trade Agreements

2017 ◽  
Author(s):  
Thomas Cottier
Keyword(s):  
Intellectual Property ◽  
Dispute Settlement ◽  
Trade Agreements ◽  
Cooperation Agreement ◽  
Transatlantic Trade ◽  
Wto Dispute Settlement ◽  
Innovation And Technology ◽  
Recent Developments ◽  
Partnership Agreement ◽  
Trade And Investment

The chapter assesses recent developments in intellectual property protection in the EU–Canadian Comprehensive Economic Cooperation Agreement and the Trans-Pacific Partnership Agreement, and extrapolates results of these negotiations to the pending EU–US negotiations on the Transatlantic Trade and Investment Partnership (TTIP). It discusses the likely implications of ever-increasing protection of IPRs on international trade, innovation, and technology transfer. Given the complex interaction of TRIPs and WIPO Agreements with the newly emerging agreements, the chapter finally examines the structure and operation of dispute settlement and how existing fragmentation could be overcome. Intellectual property, it is submitted, offers an important case to extend the jurisdiction of WTO dispute settlement to preferential trade agreements.

Data protection and passenger name record in judicial criminal matters under the EU–UK Trade and Cooperation Agreement

2021 ◽  
pp. 203228442199492
Author(s):  
Catherine Van de Heyning
Keyword(s):  
United Kingdom ◽  
Data Protection ◽  
Personal Data ◽  
Cooperation Agreement ◽  
Judicial Cooperation ◽  
The United Kingdom ◽  
Record Data ◽  
Criminal Matters ◽  
The Impact ◽  
The Eu

The submission discusses the provisions in the EU–UK Trade and Cooperation Agreement on data protection as well as the consequences for the exchange of passenger name record data in the field of criminal and judicial cooperation. The author concludes that the impact of the Agreement will depend on the resolvement of the United Kingdom to uphold the standards of protection of personal data equivalent to the EU’s in order to reach an adequacy decision.

Human rights and the rule of law in judicial cooperation in criminal matters under the EU–UK Trade and Cooperation Agreement

2021 ◽  
pp. 203228442199593
Author(s):  
Wolfgang Schomburg ◽  
Anna Oehmichen ◽  
Katrin Kayß
Keyword(s):  
European Union ◽  
Human Rights ◽  
Fundamental Rights ◽  
European Convention ◽  
The European Union ◽  
Cooperation Agreement ◽  
Judicial Cooperation ◽  
Human Rights Protection ◽  
Criminal Matters ◽  
The Eu

As human rights have increasingly gained importance at the European Union level, this article examines the remaining scope of human rights protection under the EU–UK Trade and Cooperation Agreement. While some international human rights instruments remain applicable, the Charter of Fundamental Rights of the European Union did not become part of the Trade and Cooperation Agreement (TCA). The consequences, especially the inapplicability of the internationalised ne bis in idem principle, are analysed. Furthermore, the conditionality of the TCA in general as well as the specific conditionality for judicial cooperation in criminal matters are discussed. In this context, the risk that cooperation may cease at any moment if any Member State or the UK leave the European Convention of Human Rights is highlighted. Lastly, the authors raise the problem of the lack of judicial review, as the Court of Justice of the European Union is no longer competent.

Cooperation with EU agencies and bodies under the EU–UK Trade and Cooperation Agreement: Eurojust, OLAF and the EPPO

2021 ◽  
pp. 203228442199605
Author(s):  
Rebecca Niblock
Keyword(s):  
Cooperation Agreement ◽  
European Public ◽  
Title Vi ◽  
Significant Change ◽  
The Uk ◽  
Practical Impact ◽  
The Eu

This article will examine the provisions of Part III, Title VI of the Trade and Cooperation Agreement (TCA) on Eurojust. While the agreement in the TCA with regard to Eurojust allows cooperation to continue, the new arrangements amount to a significant change. The article also looks at cooperation between the UK and other EU agencies, specifically the European Anti-Fraud Office and the European Public Prosecutor’s Office, concluding that the practical impact of the UK’s departure from the EU is unlikely to be significant.

Implementasi Buy Back Guarantee Dalam Perjanjian Kerjasama Antara Bank Dengan Supplier Terkait Penyaluran Pembiayaan Mesin (Studi Pada PT. BPRS XXX Bekasi)

2021 ◽  
Vol 11 (2) ◽  
pp. 55-61
Author(s):  
Adham -
Keyword(s):  
Research Method ◽  
Secondary Data ◽  
Primary Data ◽  
Legal Action ◽  
N Addition ◽  
Literature Study ◽  
Cooperation Agreement ◽  
Research Results ◽  
Legal Remedies ◽  
Buy Back

The buy back guarantee agreement in the cooperation agreement aims to protect the bank frombusiness risks in the distribution of machine ownership financing. Buy back guarantee is defined asthe ability of the supplier as a guarantor against the bank, to "buy back" the machine object afterthe debtor is declared in default to the bank. Based on the description, the writer tries to examine theimplementation of the buy back guarantee agreement related to the distribution of machine financing,and legal remedies for the bank applying the contents of the buy back guarantee if there is default onthe debtor. The research method used in this research is normative juridical with analytical descriptivespecifications.The research was carried out through literature study, then looked at the relationshipbetween one law and another and carried out an analysis related to the application of its practice.After getting a description of the research results, the writer analyzes and draws conclusions fromthe research results obtained. Primary data collection is also carried out to support secondary data,which is obtained by documentation and bank interviews related to the machine ownership agreement.The results of the study concluded that the implementation of the buy back guarantee was carriedout in several stages, namely the stage of the debtor's statement of default, the negotiation stage,and the stage of the agreement, the application of the buy back guarantee. Apart from that, the buyback guarantee that applies to PT. BPRS XXX Bekasi, there are two types of definitions: "buy backguarantee" and "help resell" by the supplier. Legal action has never been taken by the bank whenthere is default from the debtor. The bank is more concerned about the good ethics of the supplier tobuy / help sell the machine goods. The suggestions that the writer can give include, banks must applyprudential banking principles more selectively, suppliers do not only pursue sales targets but payattention to the side of the bank so that cooperation remains well established. n addition, research isneeded regarding the perspectives of the bank, supplier and debtor in addressing the problems thatexist in buy back guarantee in more depth and breadth.

SCIENTIFIC AND TECHNICAL RELATIONS OF UZBEKISTAN WITH EUROPEAN COUNTRIES

2021 ◽  
Vol 4 (2) ◽  
pp. 16-22
Author(s):  
Burxon B. Jahongirov ◽  
Keyword(s):  
International Relations ◽  
Educational Institutions ◽  
Social Significance ◽  
Education Department ◽  
World Science ◽  
Cooperation Agreement ◽  
Scientific Cooperation ◽  
The Republic ◽  
Academy Of Sciences ◽  
Department Faculty

In this article, Uzbekistan’s international relations in the field of science have literally developed during the years of independence. The higher educational institutions of the Republic of Uzbekistan and the research institutes and research centers of the Academy of Sciences have estabilishad bilateral and multilateral scientific cooperation with their European partners. The result was a scientific cillabaration that was previousiy impossible for obvious reasons. Research works on topical scientific topics of world science, economic and social significance for our region, in particular, Uzbekistan.Index Terms: science, science and technology, research, research center, Academy of Sciences, higher education, department, faculty, student, grant, international program, cooperation, agreement

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