SHORT LIMITATION PERIODS IN CROSS-BORDER LIABILITY CASES NO SOLUTION YET (DE LEGE LATA) BUT FIVE OPTIONS FOR ACTION (DE LEGE FERENDA)

2021 ◽  
pp. 405-434
Author(s):  
Thomas Kadner Graziano
Keyword(s):  
Cross Border ◽  
Limitation Periods

scholarly journals Legal Limitation Periods for Compensation of Damage from Motor Third Party Liability Insurance

2021 ◽  
Vol 20 (2) ◽  
pp. 33-40
Author(s):  
Jasmina Djokic
Keyword(s):  
Traffic Accidents ◽  
Road Traffic ◽  
Third Party ◽  
Liability Insurance ◽  
Criminal Offense ◽  
Eu Member States ◽  
Cross Border ◽  
National Courts ◽  
Limitation Periods

The commencement of calculation of the period of legal limitation for compensation of damage from motor third party liability insurance is a problem for which the consensus either on scientific or practical level has not been achieved. This is mostly significant in cases where the damage was caused by a criminal offense. Recent decisions of national courts and Court of Justice of European Union leads to non-appliance of the privileged limitation period towards the motor third party liability insurer. It seems to be justified having in mind that longer period of legal limitation is prescribed as some kind of punishment against its offender. Appliying of the same period towards the insurer, infriges the fair balance between the parties, and lets the insurer mandatory to make the objections and prove the facts that are difficult to be proven due to passing of the time. The another doubtful question is determination of legal limitation for subrogation claims. Since the source of obligation in those cases is compensation of damage, and not the payment for another person, the only fair solution is the appliance of the same legal limitation period for both the insurer and the policyholder, or the claimant, to the third party liability insurer. National legislations of EU member states contain completely different legal limitation periods so it causes the legal uncertainity, especially in cross-border cases. That was the reason why the EU legislator started with procedure of harmonization of the rules on linitation, with intention of enacting of a new Directive on common limitation periods for cross-border road traffic accidents. By taking of the legislation initiative on EU level, the higher level of protection of the cross-border accident victims would be achieved. However, only if national legislators would, Legal Limitation Periods for Compensation of Damage from Motor Third Party Liability Insurance by implementation of the Directive and its proposed term for limitation of 4 years, prescribe the same term for domestic traffic accidents victims, the desired consensus would finally be achieved. At the same time, the costs occured due to the lack of harmonization would be avoided.

SATISFACTION LEVEL OF THE FIRST THAI-LAOS FRIENDSHIP BRIDGE AND CROSS-BORDER TRANSPORTATION CHECKPOINT SYSTEM

2013 ◽  
Author(s):  
Sethapong Jarusombathi ◽  
◽  
Pimnapa Pongsayaporn ◽  
Veeris Amalapala
Keyword(s):  
Satisfaction Level ◽  
Cross Border

Cross-border Migration and Gender Boundaries in Central Eastern Europe – Female Perspectives

2020 ◽  
Vol 17 (4) ◽  
pp. 499-509
Author(s):  
Ágnes Erőss ◽  
Monika Mária Váradi ◽  
Doris Wastl-Walter
Keyword(s):  
Gender Roles ◽  
Eastern Europe ◽  
Labour Migration ◽  
Structured Interviews ◽  
Livelihood Strategy ◽  
Central Eastern Europe ◽  
Cross Border ◽  
Dual Earner ◽  
And Gender ◽  
Gender Boundaries

In post-Socialist countries, cross-border labour migration has become a common individual and family livelihood strategy. The paper is based on the analysis of semi-structured interviews conducted with two ethnic Hungarian women whose lives have been significantly reshaped by cross-border migration. Focusing on the interplay of gender and cross-border migration, our aim is to reveal how gender roles and boundaries are reinforced and repositioned by labour migration in the post-socialist context where both the socialist dual-earner model and conventional ideas of family and gender roles simultaneously prevail. We found that cross-border migration challenged these women to pursue diverse strategies to balance their roles of breadwinner, wife, and mother responsible for reproductive work. Nevertheless, the boundaries between female and male work or status were neither discursively nor in practice transgressed. Thus, the effect of cross-border migration on altering gender boundaries in post-socialist peripheries is limited.

Emerging Transnational Practices and Capabilities of Syrian Refugees in Turkey

2020 ◽  
Vol 17 (1) ◽  
pp. 125-138
Author(s):  
Zeynep Sahin Mencütek
Keyword(s):  
Legal Status ◽  
Country Of Origin ◽  
Economic Security ◽  
Economic Capital ◽  
Diaspora Studies ◽  
Cross Border ◽  
Global North ◽  
Displaced People ◽  
The Stability ◽  
Transnational Activities

Transnational activities of refugees in the Global North have been long studied, while those of the Global South, which host the majority of displaced people, have not yet received adequate scholarly attention. Drawing from refugee studies, transnationalism and diaspora studies, the article focuses on the emerging transnational practices and capabilities of displaced Syrians in Turkey. Relying on qualitative data drawn from interviews in Şanlıurfa – a border province in south-eastern Turkey that hosts half a million Syrians - the paper demonstrates the variations in the types and intensity of Syrians’ transnational activities and capabilities. It describes the low level of individual engagement of Syrians in terms of communicating with relatives and paying short visits to the hometowns as well as the intentional disassociation of young refugees from homeland politics. At the level of Syrian grassroots organisations, there have been mixed engagement initiatives emerging out of sustained cross-border processes. Syrians with higher economic capital and secured legal status have formed some economic, political, and cultural institutional channels, focusing more on empowerment and solidarity in the receiving country than on plans for advancement in the country of origin. Institutional attempts are not mature enough and can be classified as transnational capabilities, rather than actual activities that allow for applying pressure on the host and home governments. This situation can be attributed to the lack of political and economic security in the receiving country as well as no prospects for the stability in the country of origin. The study also concerns questions about the conceptual debates on the issue of refugee diaspora. Whilst there are clear signs of diaspora formation of the Syrian refugee communities, perhaps it is still premature to term Syrians in Turkey as refugee diaspora.

Interacting Legal Norms and Cross-Border Divorce: Stories of Filipino Migrant Women in the Netherlands

2019 ◽  
Vol 16 (4) ◽  
pp. 521-529
Author(s):  
Asuncion Fresnoza-Flot
Keyword(s):  
The Netherlands ◽  
The Philippines ◽  
Migrant Women ◽  
Structured Interviews ◽  
Legal Norms ◽  
Global Migration ◽  
Cross Border ◽  
Filipino Women ◽  
Transnational Social Spaces ◽  
Filipino Migrants

The Philippines is one of only two states in the world in which absolute divorce remains largely impossible. Through its family laws, it regulates the marriage, family life and conjugal separation of its citizens, including its migrants abroad. To find out how these family laws interact with those in the receiving country of Filipino migrants and shape their lives, the present paper examines the case of Filipino women who experienced or are undergoing divorce in the Netherlands. Drawing from semi-structured interviews and an analysis of selected divorce stories, it unveils the intertwined institutions of marriage and of divorce, the constraints but also possibilities that interacting legal norms bring in the life of Filipino women, and the way these migrants navigate such norms within their transnational social spaces. These findings contribute interesting insights into cross-border divorces in the present age of global migration.

Editorial

2018 ◽  
Vol 6 (1) ◽  
pp. 1-2
Author(s):  
Ibrahim Sirkeci
Keyword(s):  
Qualitative Study ◽  
Cultural Dimensions ◽  
Mobile Marketing ◽  
Negative Attitudes ◽  
The Third ◽  
Cross Border ◽  
Local Characteristics ◽  
Critical Account

Transnational Marketing Journal is dedicated to disseminate scholarship on cross-border phenomena in marketing by acknowledging the importance of local and global or in other words, underlining the transnational practices marked by national and local characteristics in a fluid fashion spreading over more than one national territory. The first article by Paulette Schuster looks into “falafel” and “shwarma” in Mexico and discusses the perception of Israeli food in Mexico. The second article is a case study illustrating a critical account of cultural dimensions formulated by Schwarz using the value surveys data. The third article in the issue is a qualitative study of the negative attitudes of millennials torwards mobile marketing. 

Relationship between Cross-Border Mergers and Acquisitions and International Trade: The Case of Russian Pharmaceutical Industry

2020 ◽  
pp. 81-94
Author(s):  
Alexandra V. Chugunova ◽  
Olga A. Klochko
Keyword(s):  
International Trade ◽  
Mergers And Acquisitions ◽  
Volume Growth ◽  
Pharmaceutical Products ◽  
Pharmaceutical Companies ◽  
Cross Border ◽  
Export Volume ◽  
Relationship Of ◽  
Geographical Diversification ◽  
The Relationship

This research studies the relationship of cross-border mergers and acquisitions to international trade through the lens of Russian pharmaceutical market. To this aim, the study analyses the woks of foreign economists dedicated to evaluating the link between foreign direct investment and international trade, and the influence of mergers and acquisitions on countries’ export and import flows. The research also presents a correlation analysis between the volume of Russian pharmaceutical exports and imports and cross-border deals performed by foreign pharmaceutical companies in Russia. We characterize these deals and conduct a comparative analysis of the regional structure of Russian pharmaceutical exports and imports as well as of the countries of origin of buyers in cross-border mergers and acquisitions. The results of the analysis indicate a positive relationship between cross-border mergers and acquisitions and Russian pharmaceutical exports, which is reflected in the export volume growth and its geographical diversification. However, it is outlined that particular problems of the industry hinder the amelioration of Russian positions in international exports. Similarly, the relationship between cross-border deals and Russian imports is positive: the major pharmaceutical products supply flow occurs from the countries of origin of buyers in cross-border mergers and acquisitions conducted in the Russian pharmaceutical sector.

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