CEEOL - Browse Subjects Result

We kindly inform you that, as long as the subject affiliation of our 300.000+ articles is in progress, you might get unsufficient or no results on your third level or second level search. In this case, please broaden your search criteria.

THE LAW APPLICABLE TO CROSS-BORDER TRAFFIC ACCIDENTS

Author(s): Maria Carolina Niţă / Language(s): English Issue: IX/2015

A cross-border traffic accident occurs in the EU has the may to attract the application of two legal regimes in matters of conflict rules. The regimes are included in the Rome II Regulation and the 1971 Hague Convention on the law applicable to traffic accidents. Regulatory differences between the two normative laws make their simultaneous application in Europe to create a system, in which road accidents with cross-border element are subject to different laws, depending on the state court seised with the settlement of the dispute. Regulation leads to enforcement of the legislation from the place the damage occurred (lex loci damni) or from the place of habitual common residence of parties involved in the action and exceptionally to the enforcement of the law of Member State, which is manifestly more closely connected with non-contractual obligation assumed than the Member State where the accident occurred, or the state of common, habitual residence. Instead, the Hague Convention leads to the application of the principle of lex loci delicti and, in some cases, of the law of the country where the vehicle in question is registered, or the law of the place where it is normally based. Even though most of the times, the solutions offered by the two regulations, lead to the same applicable law, however fragmentation, at Member State level, of the law of conflict on road accidents, is far from improving the predictability of the outcome of litigation, certainty on the applicable law and free movement of decisions in the EU countries.

More...

VARIOUS ASPECTS REGARDING THE SCOPE OF APPLICATION OF THE CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARDS ADOPTED IN NEW YORK ON 10 JUNE 1958

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

International arbitration has become nowadays a frequent practice of international dispute resolution. Taking this aspect into account, the states adapted their national legislations in compliance with the international law requirements and concluded international treaties, and on their base conferred a more liberal regime to the effects produced by an arbitral award rendered in one of the contracting states on the territory of other contracting states. The most important multilateral convention in this field is the United Nations Organization on the Recognition and Enforcement of Foreign Arbitral Awards adopted at New York, on 10 June 1958 to which Romania adhered through the Decree no 186 on 24 July 1961. The Convention is applied as concerns the recognition and enforcement of foreign arbitral awards on the territory of the other contracting states. As concerns the awards from the non-contracting states, the Convention applies only on the basis of reciprocity established through the agreement between parties.

More...

CONSIDERATIONS ON SOVEREIGNTY IN CYBERSPACE

Author(s): Daniela Panc (Dancă) / Language(s): English Issue: IX/2015

Nowadays, cyberspace plays an important role in everyday life, addressing nearly every human endeavour. For the international community, the cyber threat represents a challenge that has determined a constant evolution of the nature and instruments used in international relations. The paper analyses the different dimensions of cyberspace, focusing on the latest factual and conceptual developments, including the concept of cyberwarfare. In the uncertain current context, the paper focuses moreover on the importance sovereignty and boundaries have in the legal discourse over cyberspace.

More...

LEGAL ASPECTS REGARDING ASSISTED REPRODUCTIVE TECHNOLOGY

Author(s): Nicoleta-Ramona Predescu / Language(s): English Issue: IX/2015

The increasing use of assisted reproductive technologies, such as intrauterine insemination (IUI) or in vitro fertilization (IVF) led to the creation of an unlimited number of consequences produced in the social sphere, that need to be studied in terms of ethics, morals, psychology, medicine and not lastly, in terms of legal matters. The purpose of this paper is to disclose the main ART elated aspects and to emphasize the need to regulate an appropriate national legal framework designed to create legal stability for both people who use these techniques, and the children born from them. In this paper there are considerations with regard to the specific medical technology, presenting the consequences of misunderstanding or misinterpretation of the assisted reproductive procedures, and the legal cases arising from the use of ART.In conclusion, the scientific progress in the medical field has opened new perspectives to the mankind, that led to the development and improvement of the lives of infertile people everywhere, and currently, the state is the liable one for providing protection to the participants in such technologies by establishing a well-defined legal framework, in compliance with the inherent rights of human beings.

More...

CITIZEN’S FREE ACCESS TO JUSTICE. CONTROVERSIES SURROUNDING THE RESTRICTION OF FREE ACCESS TO JUSTICE

Author(s): Diana Gabriela Preoteasa Oancea / Language(s): English Issue: IX/2015

The field covered by this paper’s theme has an undoubtedly special importance for any citizen, as it portrays one of their fundamental rights, i.e. free access to justice, enshrined in numerous normative acts. Whereas access to justice, within the meaning of defense, has always been a necessity, a significant contribution to the safeguarding and observance of social values, this study is intended to bring to its readers’ attention the limits, but also the manner of exercising this elementary right.This paper also aims to urge the citizen toward having his right observed and accomplished in the letter and spirit of the law, so that any person may have free and non-discriminatory access to justice, without being unlawfully deprived of this option. The subject, which has a particular impact on the contemporary society, requires to be taken seriously, and in order to reach this objective its promotion contributes effectively in that regard. Judging by the principle according to which “a well-informed man is a powerful one”, letting people know about their fundamental right of access to justice is a first step toward the proper carry out of life and social order.To achieve the purpose set, this paper comprises both substantial information with regard to the theme chosen, and examples of cases come across in the judicial practice, having as subject matter the differences arisen in respect of the restriction of free access to justice, protected by the law itself. Moreover, the study is based upon the outcome of careful and thorough research, and its structure has been selected with the idea to attract the readers’ interest with regard to defense and the possibility for seising the courts.

More...

BIO-CHEM THREATS IN THE CONTEMPORARY WORLD AND THE MEDICINE RESPONSE

Author(s): Viorel Ordeanu,Ludmila Otilia Cinteză / Language(s): English Issue: IX/2015

In the multipolar world after the Cold War, most serious threats to which all nations are vulnerable, are committed or potential chemical and biological attacks (bio-chem).Bio-chem attack may be military (openly or concealed), terrorist, criminal or accidental, and are many well known examples.Civil medical response must be swift, appropriate and cooperative with military medicine, which has the forces, resources and expertise, but is usually limited in quantity to the army forces.According to NATO principles, the civil-military cooperation (CIMIC) for crisis management must be implemented in order to prevent, reduce the effects and restoring normalcy in contributing to public health in the case of the bio-chem attack.

More...

THE STRATEGIC NATIONAL RISK ASSESSMENT

Author(s): Viorica Ionela Trîncu / Language(s): English Issue: IX/2015

In this article are presented the main threats and the unpredictable conditions in which they take place, depending on their significance. In order to reach the objectives, certain thresholds of consequence are imposed to create a national-level event. In addition, conducting a Strategic National Risk Assessment will support the National Preparedness System by providing a consolidated list of national level events.

More...

COMPARISON BETWEEN FIDUCIAS AND TRUSTS

Author(s): Roxana Chirieac / Language(s): English Issue: X/2016

The following paper proposes an analysis between the fiduciary institution as it is defined by the continental European law and the trust institution as it is defined in the common law system. It is not to be neglected that trusts have been widely regulated since the 1900s and have gained a number of different employments throughout the common law system (as we shall see in the present study the United Kingdom, the United States of America and the British Virgin Islands), whereas the fiduciary institution is still young as it was introduced for the first time in 1985 by the Hague Convention in an effort to standardize the and recognize trusts in Europe. Thus it does not come as a shock that trusts are used worldwide to optimize taxation, hide fortunes, avoid long and costly debates on inheritance, whereas fiducias have yet to find a concrete place in the legal systems.

More...

ASPECTS REGARDING THE STATUS OF THE HUMAN EMBRYO AND THE ISSUES ASSOCIATED WITH THIS MATTER AT INTERNATIONAL LEVEL

Author(s): Nicoleta-Ramona Predescu / Language(s): English Issue: X/2016

The purpose of this article is to bring to the fore the complex issue of using assisted reproductive technology (ART) by people who want to become parents, especially with regard to the production and use of embryos through the procedure of in vitro fertilisation (IVF). A significant aspect engendering controversy in the area of protection of human rights is the legal status of the human embryo, due to its feature of a potential human being. Technological progress in contemporary society has opened and will continue to open new dimensions in the area of biotechnology research in the medical field. Human life can be created in vitro by the fertilisation of an ovum by a spermatozoon, and the embryo created in this way will be implanted in the uterus of the future mother where it can continue its evolution. However, not all embryos created for a reproductive purpose will be implanted in a woman’s uterus, and they can remain cryopreserved in the laboratories where they were created, or they can be donated to another couple, or used for research purposes or they can be even destroyed. For this consideration, it is necessary from a legal point of view to adopt a consistent legislative framework at European and international level in order to ensure the appropriate legal protection for the human embryo, both with regard to its use for procreation purposes, and for carrying out scientific research.

More...

INTERNATIONAL LEASE CONTRACT

Author(s): Raluca Antoanetta Tomescu / Language(s): English Issue: X/2016

The role that the circuit of material and spiritual values between countries of the world has had on economic progress and development of civil society has been and will remain undeniably acknowledged.Under this aspect, capital investments have emerged as strategically important because only in this way was it possible to create new better structures, in line with the strategic options of a market economy which continues to grow, which has led to the emergence of new forms of classical contracts. Among the legal realities of international trade, leasing proved to be the most important means of financing of investment in goods and services.International trade analysts have pointed out that leasing is an expression of modern contracting techniques in this field. The pragmatism and effectiveness of this operation have led to the attempt of creating a uniform legal framework at international level, while the harmonization and supplementation of our current legislation, in compliance with these rules no longer represent an option, but a necessity.By means of the present study we did not want to solve an already solved equation, but only to succeed in consolidating the "status" of the lease contract through a balanced harmonization between national and international rule in terms of incidental international rules in the matter.

More...

ASYLUM PROCEDURE IN ROMANIA. SCOPE, PROCEDURAL PRINCIPLES AND GUARANTEES

Author(s): Diana Boroi / Language(s): English Issue: XI/2017

Statistics show that we are witnessing a growth in asylum applications in Romania, which determines the enactment legislative measures that must keep pace with the evolution of the European society.

More...

THE ESTABLISHMENT OF FILIATION IN THE CASE OF ASSISTED REPRODUCTIVE TECHNOLOGY

Author(s): Nicoleta-Ramona Predescu / Language(s): English Issue: XI/2017

Technological and scientific progress in the field of assisted reproductive technology manages to overturn the concepts and principles underpinning the foundation of legal relationships between people, especially those about the way of establishing filiation.This article analyzes a series of legal and ethical issues regarding the filiation of children born using medical assisted reproduction techniques and the way in which maternity or paternity can be established in the context of current Romanian regulations.

More...

CONSIDERATIONS REGARDING THE CONTRIBUTION OF ROMANIA TO THE FIELD OF CYBER SECURITY

Author(s): Valentin Corneliu Pau,LUMINIŢA COPACI / Language(s): English Issue: XII/2018

Cyber space generates both opportunities for developing an informational society and risks regarding its functionality. The existence of vulnerabilities in information systems, which can be exploited by organized groups, makes the ensuring of cyber space security a major preoccupation for all involved entities.The present paper provides a general view of the present challenges in the cyber field and identifies the threats, vulnerabilities and the risks regarding cyber security. Romania’s ability to react to threats in cyber space is also presented here.

More...

ADMINISTRATION LINE, DO NOT CROSS. TRESPASSING THE LEGALITY/DISCRETION DIVIDE IN JUDICIAL REVIEW

Author(s): Tudor-Alexandru Chiuariu / Language(s): English Issue: XII/2018

The aim of the article is to bring clarifications on the judicial review of administrative action (or, in French ”contentieux administratif”). When leaving behind the different terminology and analysing closer the legal anatomy of the institutions in the common law respective the civil law system, the similarities are easily discovered. In both systems I identify a major difficulty for judges not passing the line between legality (which they should guard and enforce) respective opportunity/discretion (which is seen as the exclusive power of the administration, as delegated by the legislative, and they should not assess) under the grounds of appreciation of the facts, reasonableness or proportionality.

More...

Legal Implications of Outer Space Warfare (Part I)

Author(s): Andreea Zalomir / Language(s): English Issue: 23/2020

Beginning with 1966, under the aegis of the United Nations, five international treaties covering various aspects of states’activities in outer space came into existence, the most important being the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies or “the Outer Space Treaty” (OST). However, as technological development progressed and states incurred new vulnerabilities from their dependence on space-located assets, the danger of conflict in this new realm also increased, thus transforming outer space into an area of confrontation. Currently, there is no clarity as to the interpretation of international legal norms in the particular context of outer space warfare. The international legal community has promoted two initiatives, with the aim of drafting a manual on the applicability of international law in the context of space military operations. Both the Manual on International Law Applicable to Military Uses of Outer Space (MILAMOS) and the Woomera Manual on the International Law of Military Space Operations attempt to draw from other relevant manuals, such as the San Remo Manual or the Tallinn Manual which contain soft law rules on armed conflicts at sea and, respectively, on cyberspace conflicts. The purpose of the present paper is to analyse the five UN treaties pertaining to outer space and to clarify certain issues related to the legal regime of this environment, such as the definition of outer space, the demarcation of outer space from airspace and the legal status of the geostationary orbit.

More...

The First Acknowledged Climate Change Refugee?

Author(s): Adrian-Nicușor Popescu / Language(s): English Issue: 23/2020

Climate change and, in particular, sea-level rise mostly affect the coasts of the low-lying island states from the Pacific Ocean, creating the premises for a future humanitarian crisis, because the affected population will have to be relocated to other territories. What should be done for the protection of the environmentally displaced persons? Could States agree to grant them the equivalent protection guaranteed to a refugee? The recent case of a national from the Republic of Kiribati, who searches refugee status in New Zealand after his homeland risks to be submerged, has brought us to the conclusion that sea-level rise could not be ignored anymore. The case was clearly a great opportunity for the acknowledgement of the “climate change refugee” status and showed that, in the future, we may witness a wave of migrants whose right to life is endangered by sea-level rise. Since complementing the legal definition of the refugee or creating new legal tools would be burdensome, we analysed the human rights perspective, which could be an appropriate alternative for enhancing the protection of the individuals affected by sea-level rise.

More...

POLITICAL CRISIS: CURRENT IMPACT OF THE '1/11' (ONE-ELEVEN) EVENT IN BANGLADESH AND ITS FUTURE

Author(s): Md Saiful Islam / Language(s): English,Polish Issue: 2/2020

Since 2009, after the December 2008 elections, the government has changed its political motives to hold power a long time and has taken a more conciliatory approach towards the political oppositions. Even the political crisis in Bangladesh is an everyday affair since the birth of this country. The fear of the blot '1/11' (one-eleven) event led to the current political crisis (such as undemocratic electoral process, violence, and conflicts, violation of human rights, blocking the freedom of speech, corruption, money laundering, and so on). The primary objective is to iden-tify how the blot '1/11' (one-eleven) event has affected Bangladesh's political process. The study also focuses on the current political crisis's challenges through the existing scenery and realities in Bangladesh. The descriptive and quantitative method was adopted, and data was collected via existing survey reports, official statistical records, and published sources. The study's result re-vealed no proper democratic process in Bangladesh, but the country is in an autocratic regime. The research suggests that all stockholders of government, opposition parties, and international communities should care about Bangladesh's current political crisis for ensuring more commit-ted, free and fair, and credible elections.

More...

REVISITING THE DOCTRINE OF STATE JURISDICTION IN INTERNATIONAL CRIMINAL LAW

Author(s): Fernanda Florentino Fernandez Jankov / Language(s): English Issue: 4/2020

This article aims at analysing the main mechanisms available, for setting limits to the exercise of State Criminal Extraterritorial Jurisdiction, mainly as it applies to International Crimes in the absence of direct links between the conduct of the accused person and the State.Initially, jurisdiction is examined as a legal concept, for later to be approached within the delimitation of the State power to exercise its jurisdictional competence horizontally (among States), as it is not in the scope of this article the vertical exercise of State Jurisdiction (State & International Courts).

More...

Climate diplomacy – a growing foreign policy challenge

Author(s): Dobrinka Chankova,Anna Hristova / Language(s): English Issue: 2/2020

This paper provides an in-depth analysis of a significant global challenge the international organizations are faced within the 21st century - climate change. Climate change has detrimental effects on international security and stability. In the past decades, humanity has faced emerging natural occurrences such as the increase in the World Ocean level, higher frequency of monsoon rainfalls, impaired conditions of the ecosystems in the rain forests. The massive population increase in Africa and South Asia also points to the fact that natural resources are not infinite, and their spare use becomes a priority of worldwide importance. Managing climate change is a global problem, the solution of which mandates the unified efforts of the entire international community. And this is where climate diplomacy comes at play. The efforts of climate diplomacy need to be focused on two primary directions. The first priority is limiting global warming under 2°C compared to the pre-industrial levels and taking actions to reduce the harmful emissions of greenhouse gases. The second priority is about taking adequate measures to handle climate change consequences, amongst which the so-called climate migration.

More...

The Work of the International Law Commission related to Environmental Issues

Author(s): Ion Gâlea / Language(s): English Issue: 22/2019

This brief study exposes in an evolutionary manner the work of the International Law Commission related to environment. It approaches the topic in a chronological manner and from a horizontal point of view, having in mind that not all topics concern directly the environment. Thus, the works related to law of the sea, international waterways, transboundary aquifers, state responsibility are covered, even if there is only an indirect link between environmental protection and these topics. Moreover, the paper analyzes the recent works related to protection of the atmosphere and protection of environment in case of armed conflict.

More...