Results 21 to 30 of about 450,877 (187)

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

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

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

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 Concept of Criminal Res Judicata and Its Distinction from Civil Res Judicata [PDF]

Faṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī
Res judicata is recognized as one of the foundational principles of modern judicial systems. In civil law, its primary aim is to prevent the re-litigation of disputes and to avoid conflicting judgments. Accordingly, invoking this principle in civil cases
Mohammad Ashoori, Mohammad Hadi Javaherkalam, Hossein Ommati   +2 more
doaj   +1 more source

The difference between the power of res judicata and the authority of res judicata

The Journal of the National Institute of Justice, 2021
The court’s decision is a final product of the judicial activity, aimed to ensure the protection of the persons contested rights, freedoms or legitimate interests. However, in order to establish an effective protection, it is important that the court decision is final has the authority of res judicata. In specialized literature, configured two concepts
openaire   +1 more source

‘Transnationalising’ Ne Bis In Idem: How the Rule of Ne Bis In Idem Reveals the Principle of Personal Legal Certainty

Utrecht Law Review, 2013
Since Article 54 of the Convention implementing the Schengen Agreement gave the rule of ne bis in idem a transnational dimension, talk of the ‘transnational ne bis in idem principle’ has been commonplace.
Juliette Lelieur
doaj   +1 more source

THE CONDITIONS OF ACTION IN THE CIVIL PROCEDURE CODE

Revista Eletrônica de Direito Processual, 2021
The present paper analyzes the situation of the conditions of action in the Civil Procedure Code of 2015. It relates to its maintenance and the moment of verification, due to repercussions of practical-theoretical order that rise mostly from creating or ...
Paulo Afonso Brum Vaz, Gabriela Grock
doaj   +1 more source

Arbitration and res judicata

, 2020
Arbitragem e coisa julgada são institutos muito amplos que envolvem uma gama de conceitos correlatos. Nesse sentido, revelar-se-ia inadequado o desenvolvimento de uma dissertação que tratasse de apenas um deles, não somente pela extensão temática, mas ...
Almeida, Cássio Drummond Mendes de
core   +1 more source