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Migration – an Overview on Terminology, Causes and Effects

Author(s): Georgiana Florentina Tataru / Language(s): English Issue: 2/2019

Given the fact that migration is a frequent debated worldwide issue, it is of great importance to have a well-defined and clear representation of what this phenomenon means for the individuals, for state-nations and for society as a whole. In order to achieve that, the present paper aims to differentiate between the types of migration, its subjects (asylum seekers, refugees, migrant workers, etc.), as well as to emphasize what are the triggering factors and the effects of this mass movement that has been present in our global society since the very beginning.

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Rezervele şi declaraţiile interpretative la tratate

Author(s): Felicia Maxim / Language(s): Romanian Issue: II/2014

There are situations in which a state agrees with most of the provisions of the treaty, but with some provisions it disagrees refusing to accept them. Therefore, it is admitted under certain conditions that the states express their agreement to be bound by the treaty with certain reservations. At the same time, the lack of provisions on interpretative declarations has led to difficulties in distinguishing between them, on the one hand, and the reservations to the treaties, on the other. Therefore, considering the reservations and interpretative statements as matters of major interest to international theory and practice, the UN General Assembly has brought this matter to the UN International Law Commission. Thus, at the 1993 session, the International Law Commission decided to include on its agenda the topic of the theoretical and practical aspects of the reservations to the treaties, and also to clarify the status of the reservation or of interpretative declaration and implicitly the legal regime applicable to them. After a long and complex analysis, the International Law Commission has completed in 2011 a project that is considered to be a Guide to Practice on Reservations to Treaties.

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NATO - organizaţie politico-militară, euro-atlantică şi rolul său în asigurarea păcii şi securităţii omenirii

Author(s): MIHAIL NIEMESCH / Language(s): Romanian Issue: II/2014

Since the date of its foundation, NATO has been encouraging the respect for human rights and the consolidation of the rule of law. NATO is a dynamic and expanding organization. While in the beginning it aimed at the freedom and the security of its own members, after the end of the cold war it opened towards the new European democracies, and in 1999, NATO decided to transform from a defender of its own members into an administrator of the conflicts in the Euro-Atlantic area. We should emphasize the fact that through the new strategic concept approached at Rome in 1991, NATO had already launched the global strategy of ensuring the security because of the terrorist attacks and of the various regional crises.

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Rolul jurisprudenţei internaţionale în determinarea normelor de drept

Author(s): Irina Grigore-Rădulescu,Corina Florența Popescu / Language(s): Romanian Issue: II/2014

For the purpose of resolving the conflicts in the field of international law, the international community has created a number of courts of law of various legal type, which have scope of competence and binding effect of their jurisprudence determined by the constitutive documents underlying the creation, organization and functioning thereof.

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Normele conflictuale privind obligaţiile necontractuale potrivit Regulamentului (CE) nr. 864/2007 (Roma II) în dreptul internaţional privat român

Author(s): Remus Daniel Berlingher / Language(s): Romanian Issue: II/2014

In Romanian private international law, under the provisions of the Romanian Civil Code, the law applicable to non-contractual obligations is determined according to the rules of European Union law. Regulation (EC) no. 864/2007 (Rome II) applies to non-contractual obligations in civil and commercial matters, in situations involving a conflict of laws. In this study we analyzed the main provisions contained in Regulation (EC) no. 864/2007 (Rome II) with respect to: the law applicable to non-contractual obligations arising from tort, the law applicable to unjust enrichment, the law applicable to business administration and culpa in contrahendo.

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Recunoaşterea și executarea hotărârilor judecătoreşti străine în baza Regulamentului (CE) nr. 44/2001

Author(s): Maria Carolina Niţă / Language(s): Romanian Issue: II/2014

Recognition and enforcement of judgements in civil and commercial matters in the European Union are covered by (EC) Regulation no. 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgements in civil and commercial matters ("Brussels I" ) . The requirements are based on mutual trust in the administration of justice in the Community, and justifies the need for recognition of right judgements given in a Member State without the need of another procedure, excepting litigations. Under the same principle of mutual trust, the procedure under which a judgement given in a Member State is enforceable in another Member State, must be efficient and rapid. In this respect, the declaration of enforceability of a judgement must be issued automatically after simply formal checks of the documents supplied, and the court should not invoke ex officio one of the grounds for non-enforcement provisioned in the Regulation.

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Consideraţii referitoare la procedura adopţiei internaţionale în lumina actualelor reglementări în domeniu

Author(s): Daniela Cristina Cret / Language(s): Romanian Issue: II/2014

One of the fundamental rights recognized for children by national and international regulations is the right to adoption. It is based on the child's right to alternative protection and is regulated by the provisions of Law no. 273/2004 on the legal regime of adoption. Adoption can be either national or international. International adoption is a widely debated topic, both because of the negative effects on children so adopted, due to insufficient post-adoption monitoring, and because of the numerous legislative changes that occur in the field. The current regulation of international adoption is the consequence of the adaptation of the national legislation to the international conventions to which Romania is a party, aiming at the careful supervision of the evolution of Romanian children adopted abroad. In the following, we will analyze the procedure of the international adoption in view of the application of the new Civil Code and of the methodological norms for the application of Law no. 273/2004 on the legal regime of adoption, in force since April 2012.

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Legea model UNCITRAL și ghidul de aplicare - conosamentul electronic

Author(s): Tudor Marin / Language(s): Romanian Issue: II/2014

There have been numerous efforts for creating an electronic bill of lading, for introducing the electronic bill of lading as an instrument with all the functions of such a document, in an acceptable format for the traders, bankers and documentary loaners, carriers and shippers of cargo “without succeeding yet to eliminate all risks of fraud”. The characteristic of bills of lading, negotiability, allows merchants to trade and loaners to use them as a guarantee. The bill of lading fulfils three functions: it is a contract for carriage, a proof of receipt for goods and a title. All three functions must be represented electronically for the electronic bill of lading to be accepted as a substitute of the paper document. Functions for receipt confirmation and proving act of a contract for carriage may be easily attained by electronic means because these are essentially information transfer. The title function of the bill of lading is the essential one which needs to be presented in an electronic format representing three usages of the bill of lading. First of all, holding the bill of lading represents constructive possession and control over the goods and, finally, the bill of lading is used to provide guarantees for the goods it represents. Little attention was given to the last element of the bill of lading, although one of the most difficult obstacles in introducing the electronic bill of lading is offering sufficient guarantees for the goods it represents. Laws concerning transport may regulate the first two functions, but the last one falls into the field of laws referring to guaranteed transactions.

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Convenția Națiunilor Unite privind contractele pentru transportul internațional de mărfuri în întregime sau parțial pe mare – Regulile de la Rotterdam

Author(s): Tudor Marin / Language(s): Romanian Issue: II/2014

The most interesting and controversial evolution in Rotterdam Rules, is the formula adopted for approaching the basic issue of carrier’s liability. The solution they came up with is a combination between the approaches in Hague and Hamburg Rules. The definition of the carrier’s liability is included in a modified version of art. 5.1 in Hamburg Rules, based on the fault with the diligence of proof reversed. Therefore, if the claimant can establish that the loss, damage or delay took place within the liability period of the carrier, the carrier will be liable if he is not able to prove that neither his fault nor the fault of any other “acting party” din not cause or contribute to the loss, damage or delay . The carrier may prove that the loss, damage or delay was due to a list of events acting as a presumption of lack of fault on his part. The Convention reiterates the obligations of the Hague and Visby Rules for due diligence in order to make the ship seaworthy along with the duty to carefully and properly care for the cargo during the carrier’s period of responsibility. In the case of the request for a seaworthy ship, this is for the first time mentioned as a continuous obligation during the voyage. According to the Convention, a claimant must be able to reject the assumption of lack of fault resulted from the carrier’s claim of an exception, establishing that, the operational cause for the loss was either that the ship was unseaworthy or lack of due diligence from the carrier. According to the provisions of this Convention, carriage of cargo on deck is allowed „only if such carriage is requested by law”, and „deck carriage is performed according to the carriage contract, of custom, usage or practices in that field”.

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Meanders of upbringing and worldview neutrality

Author(s): Bogdan Stańkowski / Language(s): English Issue: II/2014

The intention of the author of this article is to indicate the complexity of issues related to upbringing in the pluralistic perspective in view of the promoted idea of upbringing neutrality. From the methodological point of view, this theoretically inclined article is an attempt to analyse the available literature. In this process, the author tries to bring closer the problems of upbringing and values in the context of ethics and Christian personalism. For the purpose of a more profound infiltration into the reality of upbringing in the pluralistic context, the author introduced three different arguments.

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UNIFICATION OF THE EUROPEAN CONTRACT LAW – INTERMEDIATION MATTER. PARTICULARITIES OF CONTRACT SIGNING, IN THE ANGLO-SAXON SYSTEM (COMMON LAW SYSTEM). JAPANESE SUCCESS IN INTERNATIONAL COMMERCE: LONG TERM CONTRACTS (KEIZOKUTEKI TORIHIKI)

Author(s): Nicolae Tănăsoiu / Language(s): English Issue: III/2015

The position of these intermediaries is in the first instance determined by the contractual arrangements under which the operate, for example a warehousing or transportation agreement in the handling of goods by third parties or letter of credit in the handling of payments by outsiders. However, these contracts might imply further powers: the warehousing or transportation agreement may give the warehouse or the carrier the right to hand over the goods to a buyer. It completes the delivery duty of the seller at the same time, which in system requiring delivery for the transfer of title passes full ownership

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INTERNATIONAL ARBITRATION. THE CONCEPT, THE CHARACTERS AND THE LEGAL NATURE. REGULATIONS OF THE ROMANIAN LAW, OF THE PROVISIONS OF THE CONVENTION OF GENEVA IN 1961 AND OF UNCITRAL MODEL LAW

Author(s): Carmen Pălăcean / Language(s): English Issue: III/2015

Arbitration has become a real and effective alternative to the state justice, the institution of arbitration being regulated by national laws and international agreements, both bilateral and multilateral. In the case of arbitration the dispute resolution is eluded from the common law jurisdictions, this being a form of private justice. Thus, the parties empower the arbitrators, private persons, to solve a legal dispute and to render an award that they have to enforce. Unlike the courts, arbitration involves the agreement of the parties expressed in a compromise or in a compromissory clause included in the main contract. Consequently, if the claimant’s right to file the action derives from the law, in the case of arbitration the arbitral claim is submitted by the will of the parties.Arbitration is a form of justice adapted especially to the disputes between traders and used mainly in the environment of business people.

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DISPUTE RESOLUTION PROCEDURE WITHIN THE FIDIC CONTRACTS. LEGAL CHARACTERISTICS OF THE DECISION OF DISPUTE ADJUDICATION BOARD

Author(s): Manuela Sirbu / Language(s): English Issue: III/2015

The alternative dispute resolution withing the FIDIC contracts through the Commission for Adjudication of Disputes has a number of features, both in terms of the procedure to be followed once the Commission is apointed, as well as in terms of the enforcement of a DAB decision.

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CONSIDERATIONS FOR INTERIM MEASURES IN THE INTERNATIONAL ARBITRATION

Author(s): Diana - Loredana HOGAŞ / Language(s): English Issue: III/2015

In this study we will discuss what interim measures may be ordered in the international arbitration, at the request of whom can be disposed and who can approve them, at national and international level, analyzing the rules of international conventions in matters of arbitration, the UNCITRAL Model Law on international Commercial Arbitration adopted in 1985, amended in 2006, and the regulations of international courts of arbitration from Romania, France, London and USA.

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CONSIDERATIONS REGARDING THE INTERACTION BETWEEN ART. 48(1) AND ART. 49(1) OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS

Author(s): Emanuela IFTIME / Language(s): English Issue: III/2015

The main rule under the United Nations Convention on contracts for the international sale of goods (1980) is that the buyer is only entitled to avoid the contract when the seller’s failure to perform his contractual obligations amounts to a fundamental breach, according to art. 49(1). The fundamental breach evaluation is made under art. 25 on a case-by-case basis. Art. 48(1) gives the seller the right to perform his obligations under the contract after the date for delivery has passed if he can do so without causing the buyer unreasonable delay, unreasonable inconvenience or uncertainty about reimbursement of the buyer’s expenses.The problems arise when more than one of these articles is applicable at the same time since they interfere in the same legal sphere. Therefore, it has been the main theme for this article to analyse how these articles interact. The interaction between art. 48(1) and art. 49(1) is not easily decided and has been one of the most debated issues in international sales law.

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EMPLOYMENT CONTRACTS WITH FOREIGN ELEMENT

Author(s): Laurenţiu-Răzvan Lungu / Language(s): English Issue: III/2015

Law no. 156/2000 governs the protection of Romanian citizens residing in Romania but working abroad (Republished in the Official Gazette. no. 291 of 5 May 2009)[1]. The methodological rules for the application of this law shall be approved by Government Decision no. 384/2001(Published in the Official Gazette. no. 208 of 24 April, as amended and supplemented).

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THE RIGHT TO STRIKE: A CHIMERA TOO FAR?

Author(s): Nicolae Voiculescu / Language(s): English Issue: III/2015

The author presents some recent evolutions on the right to strike at the International Labour Organisation level, as well as at European Union one. In the context, are analised the implications of the decisions of the Court of Justice of the European Union the Viking and Laval cases. Likewise, the author has some comments on the Regulation Proposal on the exercise of the right to take collective action within the context of the freedom of establishment and the freedom to provide services, withdrawn by European Commission, and on the the opinion of social partners and member states.

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EVOLUTION AND UNDERSTANDING OF CRISIS IN INTERNATIONAL RELATIONS

Author(s): Diana Camelia Boroi / Language(s): English Issue: III/2015

Along the time, the approach of the “crisis” phenomenon has known numerous interpretations, in accordance with the degree of development of the system of relations and with aspirations of historical actors. This analysis captures developments and understanding of crisis as a mode of manifestation, as well as the factors affecting it. To help eliminate the use of crisis management of international life one needs a very good knowledge of their own.

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CUSTOMARY INTERNATIONAL LAW – A CURRENT CONCERN OF THE INTERNATIONAL SOCIETY

Author(s): Felicia Maxim / Language(s): English Issue: III/2015

The increase in the number of states, as well as the number of international organizations, the setting up of new entities in international realm, the multiplication and diversification of the rapports between these entities make us focus on customary law against the background of current conditions of the international society. It is a well-known fact that customary law is one of the main sources of public international law, a source ranking second, after the treaty, if we consider the appreciations of the doctrine. Still, there are also contrary opinions, according to which customary law and the treaties are equivalent and any relation between the two is obtained according to the criterion of each particular case. Recognizing the importance of customary law and noting the discrepancies existing in international practice and case law, the International Law Commission decided to include this topic in its agenda as early as 2012. The main goal is to prepare a practice guide for judges and practitioners in all fields, especially for those operating in the field of public international law. Thus, the International Law Commission has established that customary international law or the rules of the customary international law mean those rules of international law that regard the provisions of art.38, para.1(b) of the Bylaws of the International Court of Justice. The analysis of the objective element of customary law, namely the evidence of a general practice determines the identification of a considerable number of specific aspects. Thus, in order to be relevant in the process of forming a rule by means of customary law, practice needs to be general, representative, uniformly and frequently applied in a certain timeframe. The existence of the objective element is necessary but not sufficient. The evidence of the existence of a rule by appeared by means of customary law is complete if both elements, namely the objective element and also the subjective one, are identified.

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THE BLACK SEA, CENTER OF A POTENTIAL GLOBAL CONFLICT?

Author(s): Alexandru-Marius Tudor / Language(s): English Issue: III/2015

Countries in the Wider Black Sea are have shown in the recent years that there is both opportunity and willingness to achieve security and stability. The states and the NGOs were forced to seek and propose their own solutions to achieve these interests, drawing on specific and regional similarities, fostering cooperation and mutual solidarity. Of course, not all the chapters have been negociated completely, or not yet found a formula generally accepted of work, but most of them display their values.

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