scholarly journals The Principle of a Single Estate and Its Role in Delimiting the Applicable Laws

Author(s):  
Krzysztof Pacuła

This paper argues that the principle of unity of succession is one of the key concepts of the Succession Regulation. By operation of this principle on the jurisdictional level, the Regulation tends to favor a perspective of a single Member State when it comes to all issues related to succession. The principle of unity of succession does not of course eliminate the need to proceed to the characterization and to delimitate the scopes of conflict of laws rules at stake. However, this principle — aiming to promote a unitary vision of a single estate in all the Member States bound by the Regulation — sets a tone for some interpretative techniques that tend to favor succession-related characterization of the issues having some importance in the context of succession with cross-border implications. According to the Author, effet utile-driven characterization, on the one hand, and succession-friendly characterization of the issues falling within ‘gray areas’ created by the operation of Article 1(2) of the Succession Regulation, on the other hand, are among them.

Author(s):  
Reinhard Bork ◽  
Renato Mangano

This chapter deals with European cross-border issues concerning groups of companies. This chapter, after outlining the difficulties encountered throughout the world in defining and regulating the group, focuses on the specific policy choices endorsed by the EIR, which clearly does not lay down any form of substantive consolidation. Instead, the EIR, on the one hand, seems to permit the ‘one group—one COMI’ rule, even to a limited extent, and, on the other hand, provides for two different regulatory devices of procedural consolidation, one based on the duties of ‘cooperation and communication’ and the other on a system of ‘coordination’ to be set up between the many proceedings affecting companies belonging to the same group.


Author(s):  
Paul Torremans

This chapter first discusses the two roots of copyright. On the one hand, copyright began as an exclusive right to make copies—that is, to reproduce the work of an author. This entrepreneurial side of copyright is linked in with the invention of the printing press, which made it much easier to copy a literary work and, for the first time, permitted the entrepreneur to make multiple identical copies. On the other hand, it became vital to protect the author now that his or her work could be copied much more easily and in much higher numbers. The chapter then outlines the key concepts on which copyright is based.


1982 ◽  
Vol 25 (4) ◽  
pp. 487-490
Author(s):  
Gerd Rodé

AbstractThis paper gives a new characterization of the dimension of a normal Hausdorff space, which joins together the Eilenberg-Otto characterization and the characterization by finite coverings. The link is furnished by the notion of a system of faces of a certain type (N1,..., NK), where N1,..., NK, K are natural numbers. It is shown that a space X contains a system of faces of type (N1,..., NK) if and only if dim(X) ≥ N1 + … + NK. The two limit cases of the theorem, namely Nk = 1 for 1 ≤ k ≤ K on the one hand, and K = 1 on the other hand, give the two known results mentioned above.


2007 ◽  
Vol 09 (04) ◽  
pp. 473-513 ◽  
Author(s):  
DAVID CHIRON

The purpose of this paper is to relate two notions of Sobolev and BV spaces into metric spaces, due to Korevaar and Schoen on the one hand, and Jost on the other hand. We prove that these two notions coincide and define the same p-energies. We review also other definitions, due to Ambrosio (for BV maps into metric spaces), Reshetnyak and finally to the notion of Newtonian–Sobolev spaces. These last approaches define the same Sobolev (or BV) spaces, but with a different energy, which does not extend the standard Dirichlet energy. We also prove a characterization of Sobolev spaces in the spirit of Bourgain, Brezis and Mironescu in terms of "limit" of the space Ws,p as s → 1, 0 < s < 1, and finally following the approach proposed by Nguyen. We also establish the [Formula: see text] regularity of traces of maps in Ws,p (0 < s ≤ 1 < sp).


2011 ◽  
Vol 18 (2) ◽  
pp. 29-45 ◽  
Author(s):  
Milan Bufon

The article is discussing both challenges and problems that emerge from an intensified cross-border integration, particularly in Europe, which is creating a sort of ‘cross-border regionalism’ that might be sought as a new constituent part of a complex, multi-level system of governance incorporating not only national, but also local/regional agents. Cross-border regionalism is thus not only a system of government, but also a system of ‘grass-rooted’ social and spatial (re)integration of borderlands. This process is closely related to the question of changing territoriality, preserving on the one hand the regional control and on the other hand re-acting societal and territorial co-dependence.


1985 ◽  
Vol 1 (1) ◽  
pp. 69-81 ◽  
Author(s):  
Robert J. van der Veen ◽  
Philippe Van Parijs

In Anarchy, State, and Utopia, Robert Nozick contrasts entitlement theories of justice and “traditional” theories such as Rawls', utilitarianism or egalitarianism, and advocates the former against the latter. What exactly is an entitlement theory (or conception or principle) of justice? Nozick's book offers two distinct characterizations. On the one hand, he explicitly describes “the general outlines of the entitlement theory” as maintaining “that the holdings of a person are just if he is entitled to them by the principles of justice in acquisition and transfer, or by the principle of rectification of injustice (as specified by the first two principles of just acquisition and transfer)” (Nozick, 1974, p. 153). On the other hand, his famous “Wilt Chamberlain” argument against alternative theories is first said to apply to (all) “non-entitlement conceptions” (p. 160), and later to any “end-state principle or distributional patterned principle of justice” (p. 163) — which amounts to an implicit characterization of an entitlement conception (theory, principle) as a conception of justice which is neither end-state nor patterned.


Author(s):  
Zohreh Ramin ◽  
Alireza Shafinasab

When writing Macbeth, Shakespeare faced a moral and aesthetic challenge. On the one hand, he had drawn the story of Macbeth from Holinshed's Chronicles, in which Banquo is depicted as an accomplice in the murder of King Duncan. On the other hand Banquo was believed to be the ancestor of King James, Shakespeare’s patron. Shakespeare had to write a play that at once pleased King James, remained true to the spirit of history, and could be a popular hit in the commercial world of Jacobean theatre, all seemingly contradictory ends because of the problem with the character of Banquo. So Shakespeare characterizes him in a different manner from his sources. The new characterization served a number of purposes. The most important reason for the alternation was to please King James, the alleged descendant of Banquo. Other than that, there is the dramatic purpose of creating a foil character for Macbeth, who can highlight Macbeth's characteristics. The presence of a noble Banquo also shows that human being can resist evil, as does Banquo. These points have been emphasized in many writings on Macbeth, which mean that Shakespeare's Banquo is an innocent man, a seemingly deviation from history. The present paper, however, tries to examine Shakespeare's complex characterization of Banquo which must meet those seemingly contradicting ends, a characterization far more ambivalent and artful than simple political affiliations might suggest. It will be shown that Shakespeare's Banquo not only is not simply an innocent man he seems to be at the first reading, but he could be as murderous as Macbeth himself. The only difference between the two is that one acts sooner than the other.


2019 ◽  
pp. 39-66
Author(s):  
Yossi Harpaz

This chapter explores the case of Hungarian dual citizenship in Serbia as a representative case of compensatory citizenship that is created on the basis of coethnic ties. Since 2011, Hungary has offered dual citizenship to cross-border Hungarians living in neighboring countries. However, coethnic dual citizenship has complicated and contradictory effects on Serbia's Hungarian minority. On the one hand, they enjoy access to Europe, as well as elevated social status in Serbia. On the other hand, the proliferation of EU passports makes it easier for young Hungarians to emigrate, shrinking this beleaguered population even further. Meanwhile, thousands of ethnic Serbs have also begun to study the Hungarian language. They hope to take advantage of Hungary's generosity toward Hungarian speakers in order to thereby gain access to the EU.


Author(s):  
Ángel J. Gallego

This introduction offers a summary of the antecedents, goals, and prospects of the present volume. On the one hand, it emphasizes the important role of this collection of papers. It’s the first attempt to provide a global characterization of the syntactic variation of Spanish dialects. This is a very rich, but largely unexplored, area of inquiry, a situation that is probably due to a combination of various factors: lack of theoretical tools, interest in more easily observable (lexical, phonetic, or morphological) differences, etc. On the other hand, it introduces chapters that show varying and complementary formal approaches to the study of the syntactic phenomena of both American Spanish and European Spanish dialects.


2021 ◽  
pp. 073527512110548
Author(s):  
Thomas Olesen

Democracy has been characterized from its outset by an autonomy dilemma. On the one hand, we think it vital that organizations work according to their own codes and logics. On the other hand, we insist that autonomy must never be complete, that citizens have a right to transgress boundaries to expose wrongdoing. With their insider position in the organizations where wrongdoing occurs, whistleblowers hold a unique place within this democratic politics of disclosure, which has so far not been sociologically theorized. This article takes four steps to address this lacuna: First, I situate whistleblowing within the democratic landslides that took place during the 1960s and 1970s; second, I disentangle it from practices such as journalism and activism; third, I argue that whistleblowers are particularly well positioned to detect normalized wrongdoing within organizations; and fourth, I discuss how whistleblowers’ most pronounced effect is the disclosure of gray areas that have gone under the democratic radar.


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