scholarly journals Kilka uwag na temat literackich przedstawień bitwy chocimskiej 1673 roku

2020 ◽  
Vol 20 ◽  
pp. 123-134
Author(s):  
Marcin Piątek
Keyword(s):  
Primary Rule

The author of the paper indicates several aspects which connect the texts describing the battle of Khotyn in 1673. Epical attempts at showing those events complied with the epical model known as ‘native heroicum’, which was popular on Polish lands in those days. According to this model, the primary rule of verismo was combined with attempts at making narration more attractive. Some of them have been described in this paper. Moreover, the author discussed the method of depicting Tatar‑Turkish armies in the works, paying attention to their abundance. The exemplary material was derived, above all, from voluminous poems by Jan Ślizień, Mateusz Kuligowski, Samuel Leszczyński and Zbigniew Morsztyn.  

Piercing the Corporate Veil: The Responsibility of Member states of an International Organization

2011 ◽  
Vol 8 (2) ◽  
pp. 291-347 ◽  
Author(s):  
Odette Murray
Keyword(s):  
Decision Making ◽  
Member State ◽  
International Law ◽  
International Organizations ◽  
Good Faith ◽  
International Organization ◽  
Member States ◽  
Draft Article ◽  
Legal Limit ◽  
Primary Rule

AbstractThis paper applies two manifestations of the principle of good faith – pacta sunt servanda and the doctrine of abuse of rights – to the complex relationship between member states and international organizations. The paper argues that these existing doctrines operate as a legal limit on the conduct of states when creating, controlling and functioning within international organizations. The paper begins by exploring an innovative provision in the International Law Commission's recently finalised Draft Articles on the Responsibility of International Organisations – Draft Article 61 – according to which a member state will bear international responsibility for the act of an international organization where the member state uses the organization to circumvent its own international obligations. Examining the development of Draft Article 61 and the jurisprudence upon which it is based, this paper argues that the principle which the Commission in fact seeks to articulate in Draft Article 61 is that of good faith in the performance of treaties. As such, being based on a primary rule of international law, this paper queries whether Draft Article 61 belongs in a set of secondary rules. The paper then considers the role of states in the decision-making organs of international organizations and argues that the widely held presumption against member state responsibility for participation in decision-making organs can and should be displaced in certain cases, in recognition of the various voting mechanisms in international organizations and the varied power which certain states may wield. The paper argues that the doctrine of abuse of rights operates as a fundamental legal limit on the exercise of a member state's voting discretion, and thereby forms a complementary primary obligation placed on states in the context of their participation in international organizations.

scholarly journals A fixed axis coiling model for the living planktonic foraminifer Globigerinella siphonifera

1992 ◽  
Vol 6 ◽  
pp. 29-29
Author(s):  
Jelle Bijma ◽  
Brian T. Huber ◽  
Christoph Hemleben
Keyword(s):  
Volume Ratio ◽  
Shell Morphology ◽  
Type I ◽  
Type Ii ◽  
Shell Size ◽  
Translation Rate ◽  
Ecological Requirements ◽  
Primary Rule ◽  
Fixed Axis ◽  
Chamber Size

Two morphotypes of Globigerinella siphonifera (Types I and II) can be clearly distinguished in their natural environment based on differences in symbiont distribution, which is dependent on the structure of the pseudopodial network. Laboratory experiments have demonstrated that the life cycle and ecological requirements of Types I and II differ considerably as well. However, qualitative observation of the empty shells reveals no significant differences between these two morphotypes. Therefore, a “fixed-axis” coiling model has been developed to simulate foraminiferal shell morphology with a computer. The model is based on the assumption that isometry is the primary rule implemented in planktonic foraminiferal development. Four parameters (rate of radius increase, number of chambers per whorl, translation rate, and relative distance from the center of any chamber to the coiling axis) and two scaling factors (initial chamber size and number of chambers) suffice to generate geometric models of the shells of these planispirally coiled organisms.Values for the four parameters extracted from digitized SEM microphotographs of dissected specimens of G. siphonifera demonstrate significant differences between the Types I and II. These are primarily due to a different rate of radius increase and a different number of chambers per whorl. Type I has a higher rate, which in combination with its lower number of chambers per whorl results in a more lobate test and a 22% smaller adult shell size than Type II. We suggest that the smaller surface area-to-volume ratio in the Type I population can be explained by increased respiration due to higher oxygen production during symbiotic photosynthesis; TEM has demonstrated that Type II contains twice as many symbionts than Type I and each symbiont contains a higher concentration of chloroplasts.The fixed axis model was also used to describe the ontogeny of G. siphonifera. The model shows that early chambers in log-spirally coiled structures must deviate from a strict isometric arrangement. To maintain exponential growth, the juvenile stage of Types I and II is more planispiral, more umbilicated, and contains more chambers per whorl than the adult stage. Future investigations will focus on the transformation of the shape parameters during later ontogenetic development and during cladogenesis.

Part IV Guide to Key Substantive Issues, 19 The Law Applicable in Investment Treaty Arbitration

2018 ◽  
Author(s):  
Banifatemi Yas
Keyword(s):  
Specific Nature ◽  
Commercial Arbitration ◽  
Party Autonomy ◽  
Applicable Law ◽  
Investment Protection ◽  
Investment Treaty ◽  
Primary Rule ◽  
The Law ◽  
Investment Treaty Arbitration

Investment treaty arbitration, being an arbitral process, in no way differs from international commercial arbitration in that the principle of party autonomy is the primary rule governing the arbitration, including as regards the law applicable to the substance of the dispute. When the applicable law has been chosen by the parties, the arbitrators have a duty to apply such law and nothing but such law. It is only in the absence of a choice by the parties that the arbitrators are entitled to exercise a degree of discretion in the determination of the applicable law. This chapter examines each of these situations in turn, before considering whether the specific nature of investment protection treaties has implications in terms of choice of law process.

Selected Research Topics of the Dondoni Group over the Last Two Decades (2000–2020)

Synlett ◽  
2020 ◽  
Vol 31 (14) ◽  
pp. 1361-1371 ◽  
Author(s):  
Alessandro Dondoni
Keyword(s):  
Amino Acids ◽  
Bioorganic Chemistry ◽  
Multicomponent Reactions ◽  
Building Blocks ◽  
Synthetic Methods ◽  
Research Topics ◽  
Main Target ◽  
Sulfur Fluoride ◽  
Primary Rule ◽  
Selection Of

From a selection of research topics carried out in our laboratory during the last twenty years it becomes apparent that our main target was the discovery of new or improved synthetic methods together with new properties. Our efforts were made with the aim of being of some utility to other fields of research, with particular emphasis to glycobiology and heterocyle-based bioorganic chemistry. We performed new chemistry mainly in the field of carbohydrate manipulations taking as a primary rule the simplicity and efficiency manners. Toward this end, modern synthetic tools and approaches were employed such as heterocyle-based transformations, multicomponent reactions, organocatalysis, click azide–alkyne cycloadditions, reactions in ionic liquids, click photoinduced thiol-ene coupling, and click sulfur–fluoride exchange chemistry. With these potent methodologies in hand, the syntheses of carbohydrate containing amino acids up to proteins glycosylation were performed.1 Heterocyclic Glycoconjugates and Amino Acids2 Triazole-Linked Oligonucleotides: Application of Click CuAAC3 Non-Natural Glycosyl Amino Acids4 Non-Natural Oligosaccharides5 Calixarene-Based Glycoclusters6 Carbohydrate-Based Building Blocks7 Homoazasugars and Aza-C-disaccharides8 Synthesis of Glycodendrimers9 Peptide and Protein Glycoconjugates10 Conclusions

Ascertaining the Statutory Lex Loci Delicti: Certain Difficulties Under the Private International Law (Miscellaneous Provisions) Act 1995

1998 ◽  
Vol 47 (1) ◽  
pp. 205-211 ◽  
Author(s):  
Barry J. Rodger
Keyword(s):  
International Law ◽  
Common Law ◽  
General Concept ◽  
Primary Role ◽  
Private International Law ◽  
Primary Rule ◽  
The Face ◽  
Degree Of Certainty ◽  
Major Reform ◽  
The Common

The Private International Law (Miscellaneous Provisions) Act 1995 introduced major reform to the common law choice of rule in delict/tort under Scots/English law respectively. To all intents and purposes, and in the face of sustained and strong criticism, the Act abandoned the common law rules based on double actionability with exceptions. The primary rule under the statute would appear to state that the applicable law is to be based on the general concept of the lex loci delicti. It is of some significance for the analysis here that the statute does not in fact utilise that Latin expression as it is indeed unclear that the expression has any technical meaning. Indeed, the provisions of the Act seek, but in the end fail, to achieve a greater degree of certainty than that rather nebulous though “right-minded” concept. Significantly, a principal objective of the reforms was to ensure that the lex fori no longer played a primary role in choice of law for delictual/tortious claims in private international law. Of course, doubts remain as to the likelihood of direct resort to the lex fori via potential escape devices provided for in the Act The two most likely stages for this arise during characterisation and later when the lex fori may be applied qua public policy.

scholarly journals Concluding Observations on Sovereignty in Cyberspace

AJIL Unbound ◽  
2017 ◽  
Vol 111 ◽  
pp. 282-283
Author(s):  
Gary P. Corn ◽  
Robert Taylor
Keyword(s):  
International Law ◽  
Critical Question ◽  
Territorial Sovereignty ◽  
State Practice ◽  
Primary Rule

In Sovereignty in Cyberspace: Lex Lata Vel Non?, Michael Schmitt and Liis Vihul argue that territorial sovereignty is a primary rule of international law that limits cyber activities. They recognize, however, that not all cyber effects constitute violations of territorial sovereignty, and like Rule 4 in the Tallinn Manual 2.0 and its commentary, they acknowledge a distinct lack of consensus among the Tallinn participants on the critical question of applicable thresholds. Problematically, they do not identify the necessary state practice and opinio juris that would be required to establish either the primary rule that they proffer or the existence and contours of the exception they would recognize.

The White Primary: 1944–1948

1948 ◽  
Vol 42 (3) ◽  
pp. 500-510 ◽  
Author(s):  
O. Douglas Weeks
Keyword(s):  
South Carolina ◽  
Democratic Party ◽  
Political Action ◽  
The United States ◽  
Present Moment ◽  
The South ◽  
Circuit Court ◽  
Southern States ◽  
Or Practice ◽  
Primary Rule

The closing chapter in the history of the white primary in the South has seemed since 1944 to be in process of being written. In that year, the United States Supreme Court, by invalidating in Smith v. Allwright the white primary rule of the Texas state Democratic convention, dealt a stunning, if not immediately mortal, blow to this most significant political custom or practice of the Southern states. The refusal of this court on April 19, 1948, to review a federal circuit court decision invalidating the white primary arrangements of South Carolina, created in 1944 to circumvent the effect of the Allwright decision, seems to have administered the judicial coup de grâce. It would, however, be unsafe to predict when “finis” may be set down for all states, political areas, counties, and voting precincts where by one means or another the Negro has long been barred from participation in the all-important primaries of the Democratic party. The remaining suffrage requirements, registration restrictions, and election provisions, and the political and administrative methods of applying them which still are employed in some Southern states and in parts of others in order to render it difficult for Negroes to vote will not be immediately eliminated. Moreover, the effects of political action have not been fully tested by the Democratic leaders of the South. At the present moment, plans for united efforts on their part are under consideration; and these could have far-reaching results before the end of the current presidential election year. Whatever the abstract justice of the situation, traditional attitudes and customs cannot be uprooted easily and have a way of resisting judicial or legislative fiat, particularly when it is honestly felt by many that such fiat has been imposed from the outside and by people unaware of the difficulties and adjustments involved.

scholarly journals Self-Defence against Non-state Actors: The Interaction between Self-Defence as a Primary Rule and Self-Defence as a Secondary Rule

2016 ◽  
Vol 29 (3) ◽  
pp. 801-825 ◽  
Author(s):  
NICHOLAS TSAGOURIAS
Keyword(s):  
Legal Issues ◽  
The Self ◽  
The Other ◽  
Security Threat ◽  
Alternative Framework ◽  
Primary Rule ◽  
State Actors ◽  
The Law ◽  
Secondary Rule ◽  
Self Defence

AbstractThis article examines the law of self-defence as applied to non-state attacks in light of the coalition air strikes against ISIL in Syria. It critiques the two current interpretations of the law of self-defence – one based on attribution and the other on the ‘unable or unwilling’ test – for failing to address adequately the security threat posed by non-state actors or for not addressing convincingly the legal issues arising from the fact that the self-defence action unfolds on the territory of another state. For this reason, it proposes an alternative framework which combines the primary rule of self-defence to justify the use of defensive force against non-state actors, with the secondary rule of self-defence to excuse the incidental breach of the territorial state's sovereignty.

scholarly journals NADZÓR PAŃSTWA NAD DZIAŁALNOŚCIĄ UBEZPIECZENIOWĄ W UNII EUROPEJSKIEJ I W POLSCE

2017 ◽  
Vol 4 (2) ◽  
pp. 71
Author(s):  
Tadeusz Sangowski
Keyword(s):  
European Union ◽  
Transition Period ◽  
Financial Supervision ◽  
The European Union ◽  
Supervision System ◽  
Occupational Pensions ◽  
Insurance Supervision ◽  
The Status ◽  
Primary Rule ◽  
European Insurance

State’s Supervision over the Insurance Activity in Poland and the European UnionSummaryThe paper tries to answer a question on the status of the adaptation process regarding the state’s supervision over the insurance activity in poland in comparison w ith the solutions applied in this respect on the uniform European insurance market. The comparative analysis shows that Polish solutions in principle do not differ from those applied in the European Union. In Poland, the same as in the European Union, a regulation based on a primary rule of a financial supervision as a type of the hitherto material supervision has been chosen.Further, the Polish system of supervision may be characterised by the following:1. Consolidation o f the management of the insurance supervision system with the supervision over the pensions system, performed by one body - The Com m ittee of the Insurance Supervision and the Occupational Pensions Funds (Komisja Nadzoru Ubezpieczeniowego i Funduszy Emerytalnych);2. The supervision covers the activity of insurance agencies and the employees’ pensions programmes;3. In the transition period more severe conditions have been applied with regard to the personal issues, creation o f the insurance products and costs of the insurance protection.

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