preliminary determination
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2021 ◽  
Vol IV (IV) ◽  
pp. 127-147
Author(s):  
Jacek Grela

The institution of acquisition of land easement by acquisitive prescription has been widely discussed in recent years both in the science of law and in judicature. The statements generally concerned the broadly understood issues of land easements with the content corresponding to the transmission easement. Despite these numerous positions, it turned out that there were still several issues related to the interpretation of Art. 292 of the Civil Code causes a lot of controversy. The article attempts to explain one of them. The point is to examine whether the premise of the use of a permanent and visible device also requires a preliminary determination of the group of people who made this device. The conducted analysis leads to the conclusion that from the point of view of the premises of usucapion of the easement, it is indifferent to who erected the permanent and visible devices.


2021 ◽  
Vol 6 (2) ◽  
pp. 217-230
Author(s):  
Tirza Gracia Shekinah Hutagaol ◽  
FX. Joko Priyono ◽  
Nanik Trihastuti

Due to the increase of import in the last 4 years, Madagascar investigated imported pastain October 2018, terminated it on July 10, 2019, and reinvestigated it on July 18, 2019. They were followed with Provisional Safeguard Measures(PSM). This study aimed to know whether Madagascar had been fulfilling the elements of Article XIX GATT in the preliminary determination of investigation and whether a safeguard reinvestigation is in accordance with the GATT/WTO. Researchers used a juridical normative approach. The result showed that serious injuries and causal links from Article XIX GATT were undetermined in the preliminary determination. Neither the GATT nor Agreement on Safeguard (SA) were not regulating safeguard reinvestigation, so it can proceed but without PSM in the second investigation, because it violated the provisions of Article 6 SA.Madagascar shall immediately completing the elements that had not been determined and revoke the PSM in the second investigation.


Archaeofauna ◽  
2020 ◽  
Vol 29 ◽  
pp. 7-22
Author(s):  
DAVID N. LEWIS ◽  
VERONICA HUNT-LEWIS

Although not as common as vertebrates or molluscs, echinoids (sea urchins) do occur in coastal archaeological sites; they were probably a source of food and the spines of some species were potentially tools. However, the necessary expertise to identify even complete specimens, let alone their disarticulated ossicles, is not generally available. Herein, we provide a suite of tools that will enable preliminary determination of echinoid remains in an archaeological context, including photographs of complete tests and disarticulated elements, discussions of them and definitions of the main terms. More or less complete specimens will be obvious and should be identifiable to genus, at least. Although disarticulated elements may be difficult to identify even to genus, the nature of all ossicles should be determinable.


2020 ◽  
Vol 19 (2) ◽  
pp. 164-181
Author(s):  
Dukgeun Ahn ◽  
Philip I. Levy

AbstractThe United States – Anti-Dumping Measures on Certain Oil Country Tubular Goods from Korea (US–OCTG (Korea)) Panel decision concerned the latest in a long line of antidumping (AD) disputes about Oil Country Tubular Goods. It was notable for a broadly permissive approach by the Panel – on all major legal issues but one, the Panel sided with the United States over Korean objections. The case itself was also notable for the US reversal of a negative preliminary determination, something that had occurred in less than 1% of prior cases. Finally, the case was notable for unusual behaviour outside of the investigative process, including both vocal political complaints and a curious decision by Korea not to appeal. We discuss the legal determinations made by the Panel and offer a new interpretation of how to think about whether AD practices are justifiable. We also describe the broader diplomatic context in which Korea and the United States interacted and consider the implications if political pressures play an increased role in determining dispute outcomes.


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