Results 21 to 30 of about 26,559 (183)

The Overpaid Tax Litigation: Roadblocked

The Modern Law Review, Volume 84, Issue 5, Page 1105-1121, September 2021., 2021
Abstract Over the past two decades, English courts have construed section 32(1)(c) of the Limitation Act 1980 to extend the time for pleading a cause of action in mistake of law until a decision of a final court authoritatively resolves the point of law at issue.
Samuel Beswick
wiley   +1 more source

Joseph Raz’s Service Conception and the Limits of Knowability

Ratio Juris, Volume 34, Issue 3, Page 207-223, September 2021., 2021
Abstract This essay criticizes Joseph Raz’s service conception of authority on the basis of its knowability condition. The condition states that for agents to be justified in following authoritative directives, they must be able to know (i.e., form reliable beliefs) that the authority issuing the directives is in fact legitimate.
Adriana Placani
wiley   +1 more source

Prezența militară rusească în Republica Moldova prin prisma jurisprudenței CEDO / Russian military presence in the Republic of Moldova in the light of ECHR jurisprudence [PDF]

Plural: History, Culture, Society, 2021
In the article below, I analyze the role of the Judgment of the European Court of Human Rights in the case of Ilașcu and others v. Moldova and Russia. This judgment, being pronounced by an international tribunal, benefits from the authority and power ...
Alexandru Tanase
doaj   +1 more source

Early Dismissal Mechanism in Investment Arbitration [PDF]

Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī, 2020
The unmeritorious claims, which in addition to wasting time and money, delaying reparation, is one of the challenges that arbitration tribunals have always faced. For the first time, rule 41 (5) of the ICSID arbitration rules in 2006 made it possible to,
vahid bazzar
doaj   +1 more source

Balancing opportunity: Between the presumption of innocence and res judicata [PDF]

Crimen (Beograd), 2023
The criminal-political justification of the principle of opportunity is undoubtedly of significant importance for criminal justice, with multiple and diverse objectives and functions.
Nenadić Svetlana, Miljuš Ivana
doaj   +1 more source

Res Judicata In The Precedent Of Iran - United States Claims Tribunal [PDF]

Iranian Journal of International and Comparative Law
The principle of res judicata serves as a fundamental pillar of adjudication within legal frameworks, prohibiting a judicial body from re-adjudicating a dispute that has already been resolved and for which a judicial decision has been rendered.
Seyyed Mostafa Yaseri, Seyyed Hadi Mahmoudi   +1 more
doaj   +1 more source

Aspects regarding the Divergences between the Constitutional and the Conventional Control in the Field of Human Rights

Bulletin of the Transilvania University of Braşov: Series VII: Social Sciences, Law, 2023
The integration, at national level, of the jurisprudence of the European Court of Human Rights may open the subject of a dispute in relation to a contrary jurisprudence of the Constitutional Court, regarding the ...
S.-G. Barbu, C.-M. Florescu
doaj   +1 more source

Second Circuit 1999-2000 Res Judicata Developments [PDF]

, 2000
During the 1999-2000 survey year the United States Court of Appeals for the Second Circuit has issued at least twenty-five res judicata decisions expanding the doctrines of claim preclusion and issue preclusion.
Carlisle, Jay C.
core   +2 more sources

Decision to close the Policial Investigation: an analysis of the immutability of its effects

Revista Brasileira de Direito Processual Penal, 2018
The immutability of the decision to close the police investigation and the other information is a subject that is not very much regulated by law and is problematic in Brazilian criminal procedural theory, especially in view of the edition of the ...
Antonio Eduardo Ramires Santoro
doaj   +1 more source

The contribution of EU public procurement law to corporate social responsibility

European Law Journal, Volume 26, Issue 1-2, Page 9-26, March 2020., 2020
Abstract This article argues that while EU public procurement law increasingly allows public authorities to take environmental and social considerations into account in public purchasing decisions, it does impose limits on the possibility for authorities to incentivise corporate social responsibility (CSR) policies through public procurement.
Laurens Ankersmit
wiley   +1 more source