scholarly journals The Law and Policy of Annexation--With Special Reference to the Philippines, together with Observations on the Status of Cuba

1901 ◽  
Vol 1 (5) ◽  
pp. 335
Author(s):  
Carman F. Randolph
Keyword(s):  
Special Reference ◽  
The Philippines ◽  
Law And Policy ◽  
The Status ◽  
The Law

scholarly journals Introductory Remarks

2018 ◽  
Vol 112 ◽  
pp. 3-4
Keyword(s):  
Continental Shelf ◽  
High Tide ◽  
The Philippines ◽  
Economic Life ◽  
Exclusive Economic Zone ◽  
Law Of The Sea ◽  
The Status ◽  
Important Exception ◽  
Economic Zone ◽  
The Law

In July 2016, an Arbitral Tribunal constituted pursuant to Annex VII of the Law of the Sea Convention issued an award on the merits in the South China Sea Arbitration between the Philippines and China. Among other issues to be decided was the status of several insular features under the law of the sea regime of islands codified in Article 121 of the UN Law of the Sea Convention (UNCLOS). Article 121, paragraph 1, defines an island as “a naturally formed area of land, surrounded by water, which is above water at high tide.” Like all coastal land territory, islands, with one important exception, generate a full suite of maritime zones: territorial sea, contiguous zone, exclusive economic zone, and continental shelf (Article 121(2)). The important exception is found in the third paragraph of Article 121: “Rocks which cannot sustain human habitation or economic life of their own shall have no exclusive economic zone or continental shelf.”

TINJAUAN HUKUM FIKIH TERHADAP HADIAH TABUNGAN DAN GIRO DARI BANK SYARI'AH

ALQALAM ◽  
2013 ◽  
Vol 30 (1) ◽  
pp. 1
Author(s):  
Muhammad Nadratuzzaman Hosen ◽  
Deden Misbahudin Muayyad
Keyword(s):  
Islamic Law ◽  
Islamic Banks ◽  
Islamic Bank ◽  
Literature Reviews ◽  
The Gift ◽  
The Status ◽  
The Law

This article explains about the Islamic law of gift from Bank to customers related to saving and gyro accounts of Islamic Bank. The Islamic Banks give gift directly  and  indirectly  to  new  ettstomers  and  old  customers  through drawing  (qur'ah) or lottery and non-drawing. There are disputes (ikhtilaf) among Islamic Law  Experts (Fuqaha’) about the status of law when Islamic Banks give the gift. Hanafi and  Syafi'i  Schools  of thought  opined  that  the gift  can  be given  to  the customers as long as there is no agreement between bank and costomers meanwhile the banks still have a debt to consumers, this is permissible. Maliki and Hanbali schools opined that the gift is not permissible during the time of borrowing and lending. Majority Islamic Exsperts allow to give gift after banks have already paid­ back the debt to consumers as long as there is no agreement between bank and cusiomers, but Maliki School do not allow lo give gift at that condition. Also, for giving gift should free from gambling or elements of gambling (muqamarah).  The method of this article is using literature reviews from classical Islamic Law's books and contemporary Islamic law's books related to drawing or lottery and gambling, meanwhile the aims if this mticle are to investigate the law status if gift from bank to new customers and old customers with direct and indirect ways.   Keywords : gift, saving and gyro accounts, disputes, drawing and elements of gambling

Systematics of Hymenophyllum subgenus Mecodium (Hymenophyllaceae) in Taiwan

2019 ◽  
Vol 44 (4) ◽  
pp. 753-767
Author(s):  
Tian-Chuan Hsu ◽  
Yu-Fang Huang ◽  
Yi-Shan Chao
Keyword(s):  
Phylogenetic Relationships ◽  
The Philippines ◽  
Common Element ◽  
Morphological Investigation ◽  
Eastern Asia ◽  
Type Specimens ◽  
The Status ◽  
Molecular Phylogenetic ◽  
A New Species ◽  
Independent Species

Abstract—Hymenophyllum subg. Mecodium, composed of the taxonomically notorious H. polyanthos and approximately 15 other closely related taxa, is a common element of filmy fern communities in the tropical and subtropical moist forests. In Taiwan, although only H. polyanthos and one or two closely related taxa were recognized in recent studies, considerable morphological variation has been observed among populations throughout the island. Thus, we conducted an extensive morphological investigation, as well as a molecular phylogenetic analysis, to clarify the specific diversity and phylogenetic relationships within Hymenophyllum subg. Mecodium in Taiwan. Field and herbaria surveys helped in recognizing five morphs in Taiwan, mainly differentiated by the combination of certain traits, viz., the presence or absence of stipe wings, general frond size and shape, degree of laminar crispation, sori position, and involucre shape. The different morphs had diverse ecological preferences. The phylogenetic tree, inferred from the sequences of the plastid loci rbcL and rps4-trnS, demonstrated that Hymenophyllum subg. Mecodium materials in Taiwan comprise several well-supported lineages, mostly corresponding to the classification based on morphology. Comparing with the protologues and type specimens of 34 related scientific names, the five morphs are herein recognized as five independent species. A new species, Hymenophyllum exquisitum, is described here. Also, the status of H. paniculiflorum is reconfirmed and that of H. fujisanense, H. parallelocarpum, and H. punctisorum reinstated. Only H. exquisitum and H. parallelocarpum are endemic to Taiwan among all the species studied. In addition, the names Hymenophyllum blumeanum, H. integrum, H. microsorum, H. polyanthos, H. tenellum, and H. wrightii are now excluded from the regional flora, and several related taxa from China, Taiwan, and the Philippines are treated as synonyms. This study unravels the deep phylogenetic relationships within Hymenophyllum subg. Mecodium in Taiwan and Eastern Asia.

SOCIAL RESPONSIBILITY OF THE COURT AS A PREREQUISITE FOR THE LEGAL RESPONSIBILITY OF A JUDGE

2017 ◽  
Author(s):  
Yaroslav Skoromnyy ◽  
Keyword(s):  
Social Responsibility ◽  
Legal Responsibility ◽  
Court Cases ◽  
Council Of Europe ◽  
The Public ◽  
The Social ◽  
Modern System ◽  
The Status ◽  
The Law ◽  
Conceptual Foundations

The article reveals the conceptual foundations of the social responsibility of the court as an important prerequisite for the legal responsibility of a judge. It has been established that the problem of court and judge liability is regulated by the following international and Ukrainian documents, such as: 1) European Charter on the Law «On the Status of Judges» adopted by the Council of Europe; 2) The Law of Ukraine «On the Judicial System and the Status of Judges»; 3) the Constitution of Ukraine; 4) The Code of Judicial Ethics, approved by the Decision of the XI (regular) Congress of Judges of Ukraine; 5) Recommendation CM/Rec (2010) 12 of the Cabinet of Ministers of the Council of Europe to member states regarding judges: independence, efficiency and responsibilities; 6) Bangalore Principles of Judicial Conduct. The results of a survey conducted by the Democratic Initiatives Foundation and the Razumkov Center, the Council of Judges of Ukraine and the Center for Judicial Studios with the support of the Swiss Agency for Development and Cooperation based on the «Monitoring of the State of Independence of Judges in Ukraine – 2012» as part of the study of the level of trust in the modern system were considered and analyzed, justice, judges and courts. It is determined that a judge has both a legal and a moral duty to impartially, independently, in a timely manner and comprehensively consider court cases and make fair judicial decisions, administering justice on the basis of legislative norms. Based on the study of the practice of litigation, it has been proven that judges must skillfully operate with various instruments of protection from public influence. It has been established that in order to ensure the protection of judges from the public, it is necessary to create special units that will function as part of judicial self-government bodies. It was proposed that the Council of Judges of Ukraine, which acts as the highest body of judicial self- government in our state (in Ukraine), legislate the provision on ensuring the protection of the procedural independence of judges.

CIVIL AND LEGAL LIABILITY OF JUDGES

2017 ◽  
Author(s):  
Yaroslav Skoromnyy ◽  
Keyword(s):  
Human Rights ◽  
Pension System ◽  
Legal Liability ◽  
Judicial System ◽  
Constitutional Court ◽  
Model Code ◽  
European Court ◽  
The Status ◽  
The Law ◽  
The Right

The article presents the conceptual foundations of bringing judges to civil and legal liability. It was found that the civil and legal liability of judges is one of the types of legal liability of judges. It is determined that the legislation of Ukraine provides for a clearly delineated list of the main cases (grounds) for which the state is liable for damages for damage caused to a legal entity and an individual by illegal actions of a judge as a result of the administration of justice. It has been proved that bringing judges to civil and legal liability, in particular on the basis of the right of recourse, provides for the payment of just compensation in accordance with the decision of the European Court of Human Rights. It was established that the bringing of judges to civil and legal liability in Ukraine is regulated by such legislative documents as the Constitution of Ukraine, the Civil Code of Ukraine, the Explanatory Note to the European Charter on the Status of Judges (Model Code), the Law of Ukraine «On the Judicial System and the Status of Judges», the Law of Ukraine «On the procedure for compensation for harm caused to a citizen by illegal actions of bodies carrying out operational-search activities, pre-trial investigation bodies, prosecutors and courts», Decision of the Constitutional Court of Ukraine in the case on the constitutional submission of the Supreme Court of Ukraine regarding the compliance of the Constitution of Ukraine (constitutionality) of certain provisions of Article 2, paragraph two of clause II «Final and transitional provisions» of the Law of Ukraine «On measures to legislatively ensure the reform of the pension system», Article 138 of the Law of Ukraine «On the judicial system and the status of judges» (the case on changes in the conditions for the payment of pensions and monthly living known salaries of judges lagging behind in these), the Law of Ukraine «On the implementation of decisions and the application of the practice of the European Court of Human Rights».

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