THE BASIS OF A LEGAL SYSTEM IN THE GERMAN COLONIES

2018 ◽  
Vol 1 (XVIII) ◽  
pp. 171-183
Author(s):  
Grzegorz Kuźnik
Keyword(s):  
Detailed Analysis ◽  
Legal System ◽  
Legal Status ◽  
Legal Order ◽  
Legal Issues ◽  
Legal Basis ◽  
German Empire ◽  
The Third ◽  
States Of Emergency ◽  
Fourth Part

The aim of this article is to present the basis of the legal order in force in the Ger¬man Empire colonial areas. The first two parts of the article outline the international conditions for the development of German colonies, and the legal basis of their establishment. The third part discusses the legal status they had in the German legal order. Here the author thoroughly analyses the legal solutions employed for the states of emergency. The fourth part presents the legal issues concerning the loss of colonies. The article includes the analysis of the provisions of the German Empire Constitution of 1871, which were applied when the colonial areas were formed. The paper also discusses other legal acts. Furthermore, the emperor’s orders for declaring the states of emergency were part of the detailed analysis. The paper also explored the attainment of German doctrine, which studied the particular legal issues in depth.

scholarly journals INFLUENCE OF GLOBALIZATION ON THE LAW SYSTEMS

2014 ◽  
Vol 8 (1) ◽  
pp. 24-30
Author(s):  
Emilian Ciongaru
Keyword(s):  
Legal System ◽  
Legal Order ◽  
Legal Issues ◽  
Partial Replacement ◽  
Legal Systems ◽  
The Law ◽  
Globalization Of Law

The legal issues compared by litigants to the phenomenon of globalization include thepenetration of global juridical values into the national law systems to which they do nottraditionally belong and thus, we may speak of the globalization of law. Globalization, aphenomenon that practically extends the communication bridges among states also results inthe fact that the internal legal order expands towards a new legal order, namely a globallegal order. In this context, the modernization and compatibility of the legal systems throughthe transfer of law is inevitable, a fact that might mean the total or partial replacement of alaw system which proves to be out of date or obsolete by a system or parts of it assumed to besomehow superior and healthier and aiming at enriching or treating such system so as toensure the compatibility of an internal legal system to the regional and inevitably theinternational one. In these conditions, the science of law exceeds the borders and the internalorganization rules of a certain state may be useful in other state and vice-versa.

scholarly journals Determining Diasporic Chinese Identities from a Legal Perspective in China

2019 ◽  
Vol 15 (2) ◽  
pp. 258-285
Author(s):  
Guofu Liu (刘国福) ◽  
Qian Zhu (朱倩)
Keyword(s):  
Empirical Research ◽  
Legal System ◽  
Legal Status ◽  
Legal Issues ◽  
Chinese Diaspora ◽  
Chinese Government ◽  
Overseas Chinese ◽  
Ethnic Chinese ◽  
Legal Perspective ◽  
Rights And Interests

Abstract The Chinese diaspora broadly includes the groups of huaren (华人, ethnic Chinese of different nationalities), huaqiao (华侨, overseas Chinese who are Chinese citizens overseas), guiqiao (归侨, returned overseas Chinese), and qiaojuan (侨眷, relatives in China of overseas Chinese). In the Chinese legal system, the determining of Chinese diasporic status is an important issue in the Chinese diaspora law, as it pertains to the protection of diaspora rights and interests by governmental authorities. The diaspora law in China identifies Chinese diasporic status and grants rights and duties according to nationality and residential qualifications but does not consider the actual contact between the Chinese diaspora and China. This has caused substantive legal procedural issues regarding the confirmation of the legal identity of Chinese diaspora and the issuing of relevant certifications both in China and abroad. These legal issues have presented significant challenges for the Chinese government in its efforts to engage with and manage the Chinese diaspora and it has created a bureaucratic barrier to the protection of their rights and interests. This paper aims to explore the current issues in determining the legal status of the Chinese diaspora, to critically review relevant laws, policies, and empirical research, and to suggest possible solutions for improving diaspora law in the legal system.

scholarly journals LEGAL STATUS OF PARTICIPANTS OF INTERNATIONAL SYNDICATED LOAN TRANSACTIONS

2016 ◽  
Vol 2 (127) ◽  
pp. 65-72
Author(s):  
O. Vygovskyy
Keyword(s):  
Legal Status ◽  
Legal Issues ◽  
Legal Basis ◽  
The Status ◽  
Preparatory Stage ◽  
Syndicated Loan ◽  
Contractual Obligations

The article reveals legal issues related to the status of participants of international syndicated loan transactions – the arranging bank (lead manager), the agent bank, the banks participating in the international syndicate, the borrower. In particular, the author of the article makes comparison of the legal status of the arranging bank and the agent bank taking into consideration their functions and powers, specifics of relations with other banks and the borrower. Special attention is paid to the liability of the lead manager for the contents of the information memorandum sent to the potential participants of the international syndicate at the preparatory stage. The article also covers specific issues related to use of the international syndicated loan agreement as a single agreement defining the legal basis of interaction of all participants of this transaction, their rights and obligations, liability for violation of the contractual obligations incurred by the participants.

scholarly journals Postanowienia ustawy z dnia 10 czerwca 2016 r. o działaniach antyterrorystycznych ze szczególnym uwzględnieniem kwestii praw i wolności cudzoziemców

Poliarchia ◽  
2019 ◽  
Vol 5 (9) ◽  
pp. 29-49
Author(s):  
Janusz Małysiak
Keyword(s):  
Legal System ◽  
Legal Status ◽  
The Third

The Provisions of the Polish Anti‑Terrorist Act of 2016 with Emphasis on the Rights and Freedoms of Foreigners The aim of this article is to analyse the provisions of the Polish anti‑terrorist act of 2016. Particular emphasis is put on the issue of rights and freedoms of foreigners. The article is divided into three thematic sections. The first part is devoted to the drawing up of the act, the second focuses on legal status of foreigners in Poland, whereas the third discusses the consequences of the adoption of the act. The author analyses how the position of foreigners in the Polish legal system has been affected by the passing of the anti‑terrorist act.

The Spanish Translation of Les Leçons de chimie élémentaire: On the Legal Status of Translation and its Various Values

2019 ◽  
Vol 16 (2-3) ◽  
pp. 201-215
Author(s):  
Tania P. Hernández-Hernández
Keyword(s):  
Complex Network ◽  
Latin American ◽  
Legal System ◽  
Legal Status ◽  
Spanish Translation ◽  
Cultural Economic ◽  
Translation Rights ◽  
International Legal System ◽  
Latin American Countries ◽  
Legal Battle

Throughout the nineteenth century, European booksellers and publishers, mostly from France, England, Germany and Spain, produced textual materials in Europe and introduced them into Mexico and other Latin American countries. These transatlantic interchanges unfolded against the backdrop of the emergence of the international legal system to protect translation rights and required the involvement of a complex network of agents who carried with them publishing, translating and negotiating practices, in addition to books, pamphlets, prints and other goods. Tracing the trajectories of translated books and the socio-cultural, economic and legal forces shaping them, this article examines the legal battle over the translation and publishing rights of Les Leçons de chimie élémentaire, a chemistry book authored by Jean Girardin and translated and published in Spanish by Jean-Frédéric Rosa. Drawing on a socio-historical approach to translation, I argue that the arguments presented by both parties are indicative of the uncertainty surrounding the legal status of translated texts and of the different values then attributed to translation.

Adab Konstitusi; Upaya Meluruskan Kesesatan Pikir Konstitusi

2017 ◽  
Vol 1 (1) ◽  
Author(s):  
Yogi Prasetyo
Keyword(s):  
Legal System ◽  
The Political ◽  
Legal Basis ◽  
Political Interests ◽  
The World

The Constitution as the legal basis for formation of legislation in the system of Indonesia. The misuse of the constitution (UUD 1945) by the political interests of goverment caused mislead and made the situation of the nation getting worse. Liberal capitalistic value wrapped in modern positivistic legal system that puts the ratio had diverge from culture constitution. needs to be clarified with the balance of conscience through culture constitution. Culture constitution is a constitutional concept who saw citizen of Indonesia as creatures of God by virtue of intelligence and unseen. So with that constitution is formed, conceived and executed to be qualified and to bring the benefit of the world and the hereafter.

Sarakhsi’s Doctrine of Juristic Preference (Istihsan) as a Methodological Approach Toward Worldly Affairs (Ahkam al-Dunya)

1988 ◽  
Vol 5 (2) ◽  
pp. 181-203
Author(s):  
Husain Kassim
Keyword(s):  
Methodological Approach ◽  
The Third ◽  
Fourth Part

In the present investigation, we shall develop systematically Sarakhsrsdoctrine of Juristic preference from his Mabsut, Usul and Bab al-Muwada'aof Sharh al-Siyar al Kabir and demonstrate how Sarakhsi establishes itsrelevance as a methodological approach toward worldly affairs.The investigation is carried out in four parts:In the first part, we shall relate Sarakhsi’s doctrine of juristic preference(istihan) with his concept of treaties (muwada'a). According to Sarakhsimuwada'a is an autonomous discipline and its main focus is worldly affairsas relations (muamalat) of Muslims with other nations.In the second part, it is investigated how Sarakhsi strives to see thejustification for the application of the doctrine of juristic preference to itindependently of the doctrine of systematic reasoning (qiyas) by establishingthe ’illa (effective reasoning) of the doctrine of juristic preference on the basisof asl derived from the Qur’an and Hadith.In the third part, we shall discuss how Sarakhsi systematizes the doctrineof juristic preference by analyzing the ’illa employed by it in various formsand shows that it is connected with asl.Finally, in the fourth part, we shall show how Sarakhsi justifies theemployment of the doctrine of juristic preference as a methodological approachtoward muwadah and worldly affairs ...

Ethical boundaries of the legal regulation of conditions of carrying out genetic screening in prenatal diagnosis in Russia and abroad

2020 ◽  
Author(s):  
M.V. Medvedev , G.N. Suvorov , S.S. Zenin et all
Keyword(s):  
Prenatal Diagnosis ◽  
Great Britain ◽  
Legal System ◽  
Genetic Screening ◽  
Legal Status ◽  
Legal Regulation ◽  
Ethical Problems ◽  
Foreign Experience ◽  
Foreign Countries ◽  
General Scientific

Objectives. The purpose of this study is to study the essence of ethical problems that arise in the field of genetic screening for prenatal diagnosis (PND) and determine possible ways to overcome them by legal means, taking into account the existing foreign experience. Materials and methods. Normative legal acts and doctrinal sources of Great Britain, Germany, Ireland, France and Switzerland are studied. Methods used: General philosophical, General scientific, private scientific, special (structural-legal, comparative-legal, formal-legal). Results. Ways to resolve ethical problems that arise or may arise in the future as a result of genetic screening for PND, which can be applied within the Russian legal system, are proposed. Conclusions. It is stated that most of the identified ethical problems are related to the lack of normative consolidation of the legal status of the fetus. It is presumed that the beginning of ethics should serve as the guide for legislation in this area. At the same time, it is emphasized that the legal regulation of genetic screening in PND should be flexible enough to optimally ensure the interests of all participants in these relationships. In addition, in this direction, it seems appropriate to refer to the experience of a number of foreign countries, whose legislation provides for fairly strict requirements in the field of PND.

Is the Infringement of a Treaty a Fault?

2020 ◽  
Vol 11 (1) ◽  
pp. 37-56
Author(s):  
Françoise Auvray
Keyword(s):  
Direct Effect ◽  
Legal System ◽  
Legal Order ◽  
International Treaties ◽  
Public Authorities ◽  
International Treaty ◽  
National Legal System ◽  
Tort System ◽  
State Liability

AbstractThis contribution deals with the wrongful behaviour of public authorities, in this case in particular the Belgian State, and delves into a challenge that the multi-levelled legal order poses for the national tort system. It inquires how the violation of an international treaty relates to liability in the national legal system. More specifically, the author examines if it is necessary, when dealing with state liability, to limit the concept of fault to the infringements of international treaties with direct effect, excluding the violation of those without such effect.

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