The Role of Conference of Parties and Legal Character of its Decisions in Multilateral Environmental Agreement

This article describes the legal character and status of the Arctic Council, focusing on the Council’s structure and powers in regional cooperation in the Arctic and elaborating on the decision-making process and the role of the indigenous peoples, both currently and from the point of view of suggested new legislation. The Arctic Council is also presented as a body in the tangible world, where other states and organisations may have a certain extent of inﬂuence over the Council’s capabilities. China and the European Union are good examples of such external agents. The aim of this article is to analyse the role of the indigenous peoples and their organisations in the Arctic Council. Te presence of representative bodies of the indigenous peoples within the frameworkof the Arctic Council is considered significant. I hold the view that an extensive range of powers should be granted to the organisations representing the indigenous peoples within the Arctic Council. My article elaborates on the details of these powers and their significance.

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ROLA ORZECZNICTWA SĄDU NAJWYŻSZEGO W ZAKRESIE PROBLEMÓW PRAKTYCZNYCH ZWIĄZANYCH Z URLOPEM NA ŻĄDANIE

Zeszyty Prawnicze ◽

10.21697/zp.2016.16.3.03 ◽

2016 ◽

Vol 16 (3) ◽

pp. 57

Author(s):

Mateusz Gajda

Keyword(s):

Supreme Court ◽

Case Law ◽

Labour Law ◽

Legal Provisions ◽

The Supreme Court ◽

Legal Character

The Jurisdiction of the Polish Supreme Court in the Scope of Practical Problems Connected with Leave on RequestSummary The article discusses the role of the jurisdiction of the Polish Supreme Court in the scope of practical problems connected with leave on request. Ever since its introduction in the Polish Labour Code, this institution has been generating misgivings and reservations both as regards the case law and the doctrine. The role of the Supreme Court in connection with this regulation is significant due to the legislator’s lack of precision. Verdicts handed down by the Supreme Court on these issues have in general been changing the legal character of the institution by emphasising the organisational function of labour law. The interpretation of these legal provisions proposed by the Supreme Court has clarified some of the rights and duties of parties in matters connected with leave on request. Despite this, there are still situations where the current wording of the provisions may lead to disputes between employee and employer. Therefore, the current provisions of the Labour Code within this scope require amendment.

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The Chronicle of the Monk of Sazava and the Kievan Chronicle: A Comparison of the Historigraphical Method

Slovene ◽

10.31168/2305-6754.2017.6.1.9 ◽

2017 ◽

Vol 6 (1) ◽

pp. 256-272

Author(s):

Jitka Komendová

Keyword(s):

Narrative Structure ◽

Old Russian ◽

Individual Author ◽

Structural Principle ◽

Narrative Perspective ◽

Narrative Frame ◽

Characteristic Features ◽

Legal Character ◽

The Way

The article defines the main characteristic features of the Chronicle of the Monk of Sazava,one of a number of Bohemian Latin historiographic works that belong to the group of so-called continuations of Cosmas’s chronicles (Continuationes Cosmae); the article compares the method of the Monk of Sazava with the method used in Old Russian historiography of the same period, namely in the Kievan Chronicle. It focuses on the role of the chronological line in the narrative structure of both texts, and reveals their tendency to break the chronological narrative frame. This tendency, however, is not consistent, and the chronological line is not replaced by another structural principle (as happens, for example, in the Galician-Volhynian Chronicle). Such an approach is defined as hybridization of annalistic structure. The tendency to break the year-by-year structure is related to the insertion of independent literary works into the chronologically organized historical narration, which is particularly evident in the way in which the Monk of Sazava incorporated the text entitled De exordio Zazavensis monasterii into the chronological narration of Cosmas. The typological similarity of the Chronicle of the Monk of Sazava and the Kievan Chronicle is also evident in their ability to incorporate the texts of a non-literary (legal) character. In both chronicles under consideration, the role of the author is more important than in annals, however, the importance of the author is still lower (particularly in the case of the Kievan Chronicle) than in such Latin medieval works by an individual author, as in the Chronicle of Bohemians by Cosmas of Prague. In this respect, the texts analysed here are defined as texts that exceeded the frame of the genre of annals, but did not become chronicles, since their authors could not overcome the diverse character of the sources they used; they were not able to provide the text with a unified narrative perspective and thus to act as an authority defining the method of narration and guaranteeing the credibility of judgment.

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Part VI Rights—Structure and Scope, Ch.37 Public Interest Litigation

10.1093/law/9780198704898.003.0037 ◽

2016 ◽

Author(s):

Divan Shyam

Keyword(s):

Human Rights ◽

Public Interest ◽

Constitutional Law ◽

Public Interest Litigation ◽

The Public ◽

Locus Standi ◽

Legal Standing ◽

The Supreme Court ◽

Legal Character

This chapter examines public interest litigation (PIL) and its place in Indian constitutional law. The chapter begins with an overview of PIL as an instrument for dealing with public grievances such as flagrant human rights violations by the State, or for vindicating the public policies embodied in statutes or constitutional provisions. It then discusses the evolution of PIL in India and four distinct factors that contributed to its growth. It also explores how courts efficiently deploy judicial resources and decide genuine disputes of a legal character by recognising only those persons with locus standi, or legal standing. Finally, it describes a range of procedural innovations that distinguish PIL from conventional litigation and explains how the growth of PIL affected traditional notions of justiciability. It shows how the phenomenon of PIL has shaped both the nature of rights-based claims within Indian constitutional law as well as the role of the Supreme Court within Indian democracy.

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Part IV Activities of Organizations, Ch.13 Criminal Justice

The Oxford Handbook of International Organizations ◽

10.1093/law/9780199672202.003.0013 ◽

2016 ◽

Author(s):

Scheffer David J

Keyword(s):

Criminal Justice ◽

United Nations ◽

International Criminal ◽

International Criminal Justice ◽

New Era ◽

Structural Composition ◽

International Criminal Tribunals ◽

Historical Developments ◽

Legal Character

This chapter considers the historical developments leading to the establishment of international criminal tribunals and why there exist unique provisions and capabilities, as well as some similar approaches to justice, among them. It highlights the key role of the United Nations (UN) in forging the new era of international criminal justice. The chapter is organized as follows. Part I examines the role of international organizations, particularly the UN, in the creation of the international and hybrid criminal tribunals since 1993 and each tribunal's legal character under international law. Part II compares and contrasts the structural composition of the tribunals, which is a critical base of knowledge about their history, how they function, and the law they enforce.

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The role of negotiating tools in the environmental policy mix instruments: determinants and effects of the Environmental Agreement

Journal of Cleaner Production ◽

10.1016/j.jclepro.2012.05.036 ◽

2012 ◽

Vol 35 ◽

pp. 39-49 ◽

Cited By ~ 18

Author(s):

N.M. Gusmerotti ◽

F. Testa ◽

D. Amirante ◽

M. Frey

Keyword(s):

Environmental Policy ◽

Policy Mix ◽

Environmental Agreement

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The Role of German Treaty Making in the Partition of Africa (1980)

10.1093/acprof:oso/9780198766070.003.0022 ◽

2017 ◽

Author(s):

C. H. Alexandrowicz

Keyword(s):

Nineteenth Century ◽

West Africa ◽

East Africa ◽

Natural Law ◽

South West ◽

Law Of Nations ◽

History Of ◽

South West Africa ◽

Legal Character

This chapter examines Germany’s participation in the scramble for African territory, in particular the history of treaty making. It compares pre-nineteenth-century African treaties with treaties concluded subsequently. It draws attention to the undisputed legal character of African treaties concluded under the regime of the classic law of nations which, according to its natural law premises, was a universal and non-discriminatory law operating irrespective of civilisation, religion, race, or continent. It discusses protracted co-existence in South-West Africa under German protection; a mixture of protection and sovereignty in Togo and the Cameroons; and the situation in East Africa where absorption followed soon after the conclusion of treaties.

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Struktura prawna nadzoru nad regulowaną działalnością gospodarczą

Przegląd Prawa i Administracji ◽

10.19195/0137-1134.114.28 ◽

2018 ◽

Vol 114 ◽

pp. 447-460

Author(s):

Andrzej Borkowski

Keyword(s):

The State ◽

Business Activity ◽

Legal Capacity ◽

Legal Requirements ◽

Legal Structure ◽

Role Of The State ◽

Specific Activities ◽

Administrative Body ◽

Legal Character

LEGAL STRUCTURE OF SUPERVISION OVER REGULATED BUSINESS ACTIVITYThis work contemplates the special legal character of supervision, which is as an expression of the rationing role of the state in relation to the regulated business activities. The supervision carried out by an administrative body which operates a register of regulated business activity is exercised over an entrepreneur who performs such regulated activity. The supervision is therefore of an on-going character. Any decision prohibiting the entrepreneur from performing regulated business activity should be a consequence of making an assessment that performance of such activity will breach the norms of the material law. The supervisory role is therefore particularly connected with verifying the legality of operating a business. The legal capacity to perform supervision vested with the registry bodies serves to fulfi l the purpose of supervision. That purpose is to ensure the entrepreneurs will observe legal requirements for performing a particular regulated business activity. However, that purpose is not to ration the business activity in a typical manner, in particular through creatively doling out permits for performing specific activities, and therefore its purpose is not to decide how many entities may operate on the market in a given sector.

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