Indigenous-Industry Agreements, Legal Uncertainty, and Risk Allocations

2020 ◽  
pp. 48-60
Author(s):  
Dwight Newman ◽  
Levi Graham
Keyword(s):  
Legal Uncertainty

Legal uncertainty correlating acts of antimonopoly authorities concerning the abuse of dominant positioning and acts of arbitral courts in consideration of civil legal disputes

2021 ◽  
pp. 40-45
Author(s):  
Ph. Ph. Kadymov
Keyword(s):  
Mutual Influence ◽  
Product Market ◽  
Dominant Position ◽  
Legal Uncertainty ◽  
Business Entities

A significant number of antitrust cases against company holding a dominant position on the product market, whose actions infringe upon both business entities, including representatives of small and medium-sized businesses, and an indefinite circle of persons, are implicated by the presence of civil disputes with applicants who have applied to the antimonopoly authority. The article analyzes the mutual influence of acts of antimonopoly authorities and acts of arbitration courts in the consideration of civil disputes and proposes a solution to the problem of legal uncertainty.

scholarly journals Handle with care: Umbrella clauses and MFN treatment in investment arbitration

2013 ◽  
pp. 978-994 ◽  
Author(s):  
Tarcisio Gazzini ◽  
Attila Tanzi
Keyword(s):  
Foreign Investors ◽  
Investment Arbitration ◽  
Legal Uncertainty

A large number of BITs concluded by France contain quite a peculiar clause (for instance Article 10 BIT with Argentina), which has been recently the object of questionable interpretations and applications in EDF International S.A. et al. v. Argentina and Mr. Franck Charles Arif v. Moldova. Both tribunals allowed the claimants to benefit, through the MNF clause, from umbrella clauses contained in BITs with third States. It is argued that neither tribunal has rigorously interpreted the relevant provisions in the basic treaty, nor ensured compliance with the ejusdem generis principle. The legal uncertainty that surrounds these provisions is detrimental for foreign investors and States alike. Concerned States should consider taking the measures necessary to clarify, jointly or individually, the content of these provisions and of the obligations stemming from them.

scholarly journals The Concept of Conspiring to Corrupt in Criminal Law as Ius Contituendum

Yuridika ◽  
2019 ◽  
Vol 35 (2) ◽  
pp. 429
Author(s):  
Yulianto Yulianto
Keyword(s):  
Criminal Law ◽  
Legal System ◽  
Constitutional Court ◽  
Legal Uncertainty

The term conspiring to commit criminal acts in Article 15 of PTPK Act cannot refer to existing norms under Article 88 of the KUHP. The criminal act which is to conspire to commit such acts within PTPK Act has been regulated within the Indonesian legal system and recognized by law enforcers. However, the lack of elaboration and clarity towards this type of criminal act in the PTPK Law has hindered law enforcers from utilizing Article 15 of the PTPK Act to combat corruption. The Constitutional Court has attempted to resolve the legal uncertainty of Article 15 of the PTPK Act, however this has been proven to become burdensome for law enforcers in applying the criminal justifications of conspiracy under the scope of Article 15 of the PTPK Act. The criminal act which is to conspire to commit such acts within PTPK Act has been regulated within the Indonesian legal system and recognized by law enforcers.

scholarly journals The positive legal uncertainty as a technical and legal method of exposition of law

2021 ◽  
Vol 21 (4) ◽  
pp. 437-444
Author(s):  
Ekaterina Yu. Arkhipova ◽  
Keyword(s):  
Social Relations ◽  
Self Regulation ◽  
Historical Analysis ◽  
Legal Regulation ◽  
Russian Society ◽  
Legal Method ◽  
Legal Uncertainty ◽  
The Law ◽  
Market Relations ◽  
Law Making

Introduction. In modern Russian society with high rates of development of market relations, digitalization of the main spheres of life, popularization of the ideas of self-organization and self-regulation, legal uncertainty acts as a bipolar phenomenon, which is not only a consequence of law-making errors, but an effective technical and legal way of presenting regulations. Theoretical analysis. The historical analysis of the formation and development of ideas of certainty and uncertainty in jurisprudence showed that these categories are considered as universal phenomena characteristic of any matter. It was established that absolute certainty is unattainable and not always in demand, while legal uncertainty is inherent in the very nature of law. Еmpirical analysis. It was revealed that the need to ensure mobility and flexibility of legal regulation imposes the task of a reasonable use of legal uncertainty as a technical and legal way of presenting law on the law-making subject, which is reflected in the current legislation. Results. Legal uncertainty is an objective and inevitable phenomenon, and the total regulation of social relations is not always justified. The law is being improved on the basis of the principle of transition from the casuistic to the abstract, which proves its universality.

scholarly journals TINJAUAN PENANGANAN KASUS MALPRAKTEK MEDIS DI PENGADILAN PIDANA DALAM PERSPEKTIF HUKUM KESEHATAN

2019 ◽  
Vol 35 (1) ◽  
Author(s):  
Albertus Soge
Keyword(s):  
Health Services ◽  
Medical Practice ◽  
Medical Malpractice ◽  
Legal Protection ◽  
Criminal Court ◽  
Health Law ◽  
Long Period ◽  
Legal Uncertainty ◽  
The Law

Legislation on Health Law is a Lex Specialist law that contains exceptional norms for legal protection for providers and receivers of health services. Law Number 36 of 2009 on Health and Law Number 29 of 2004 on Medical Practice are not used consistently in resolving medical malpractice cases in the Criminal Court, thus causing injustice and legal uncertainty. Incorrect application of the law and a long period of cases resolution in court requires reform in handling medical malpractice cases.

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