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Strategic Climate Litigation before National Courts: Can European Union Law be used as a Shield?
Published 2024-08-01“…In 2023 and 2024, national judges have in several cases allowed defendant states to use EU law as a shield against the litigants’ demands to declare national climate targets and policies insufficient. …”
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G.F. Dormidontov's report on A.A. Simolin's doctoral dissertation 'Influence of the Moment of Gratuitousness in Civil Law'
Published 2017-04-01“…The year 2016 marks 100 years since Aleksandr Aleksandrovich Simolin (1879–1920), the last prerevolutionary head of the Department of Civil Law and Civil Procedure of Kazan University, defended his doctoral dissertation “Influence of the Moment of Gratuitousness in Civil Law”. …”
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Problems of legal guarantees of workers’ rights in the field of working time, rest time and wages in the conditions of martial law
Published 2023-09-01“…This is, firstly, the application of disciplinary and material responsibility to persons who have violated the rights of employees, secondly, the announcement and conduct of a strike by employees to protect their rights in the resolution of a collective labor dispute, thirdly, the protection of the rights of employees by specific defenders – trade unions. It has been noted that the Law of Ukraine “On the Organization of Labor Relations in the Conditions of Martial Law” significantly reduced the legal guarantees of the rights of employees in the field of working time, rest time, and wages provided for by the Code of Labor Laws of Ukraine and other acts of national legislation. …”
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STRATEGIC LAWSUITS AGAINST JOURNALISTS - AN UNCONVENTIONAL WAY TO ENACT CIVIL LIABILITY
Published 2024-05-01“…In the last decade, a new way of bringing journalists to civil liability has gained momentum, which is also a form of intimidation in carrying out their activity, namely SLAPP (strategic law-suit against public participation) trials. …”
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Unlocking evidence /
Published 2016Table of Contents: “…An introduction to the substantive law of evidence -- The law of evidence : the burdens and standards of proof -- Testimony of witnesses -- The disclosure of evidence and protection from disclosure : privilege and pblic interest immunity -- Silence : the effect on an accusation -- Course of trial -- Hearsay : the exclusionary rule -- Hearsay : admissibility in criminal cases -- Hearsay : civil cases -- Confessions and evidence obtained unlawfully -- Evidence of bad character in criminal proceedings -- Admissibility of bad character evidence of witnesses and defendants -- Corroboration, lies, care warnings and identification evidence -- Opinion, documentary and real evidence.…”
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SANKSI PIDANA BAGI PELAKU TERORISME DALAM PERSPEKTIF HUKUM PIDANA ISLAM
Published 2024-12-01“…Based on the results of the research, it was concluded that Decision Number: 5/Pid.Sus/2022/PT DKI according to the Islamic Criminal Law is a sentence of exile for the defendant Taufiq Bulaga, including in the act of hirabah where the defendant received a sentence of 19 years. …”
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Accorder des droits à la nature : des retours d’expérience qui invitent à la prudence
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ECONOMIC ASPECT OF CRIMINAL LAW COUNTERACTION TO JUSTIFICATION OF ARMED AGGRESSION AGAINST UKRAINE: RISKS FOR THE STATE BUDGET IN THE LIGHT OF THE PRACTICE OF THE EUROPEAN COURT OF...
Published 2024-12-01“…The empirical basis of the study was as follows: (1) statistical data on Ukraine's participation as a defendant in the ECHR and the expenses incurred by it for the compensation of damages in 2019-2023; (2) approximately 900 verdicts of Ukrainian courts under Article 4362 of the Criminal Code; (3) the survey results of 4015 law enforcement officers of Ukraine on countering the glorification of the Russian armed aggression in Ukraine; (4) the survey results of 16 Ukrainian judges on countering the glorification of the Russian armed aggression in Ukraine; (5) 46 ECHR judgments. …”
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‘Yoga is Not a Sport’: Mobilisation of Self-Employed Yoga Teachers Against Fitness Platforms
Published 2024-12-01“…I argue that new worker organizations can spotlight the rights of specific professional groups and contribute to the development of laws that better protect their interests.…”
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I segni della colpa: il giurista e la lettura del corpo a Venezia nella prima età moderna
“…This article shows how physiognomy, construed as a science in the West since the 13th century, constituted an interpretative grid through which jurists paid increasing attention to reading the signs of guilt on the defendant’s body. Already present in medieval legal practice, however, it was in the sixteenth century, and especially in Venetian and Paduan intellectual circles, that the interweaving of law and physiognomy became more prominent. …”
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Why Rights are Wrong in ASEAN and Beyond: A Critique of the Foundations of Universal Human Rights
Published 2020-05-01“…Part Three contends that aspects of the public trust doctrine, i.e., the natural use principle and the precautionary principle, are analogous to natural law principles and, because ‘the book of nature is one”, these environmental law principles may help jurists to recognise a theory of natural law liability in order to promote and defend authentic human rights. …”
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La naissance des maisons de justice sous la Révolution française
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Kenneth Himma’s metaphysical conceptualism as inclusive legal positivism
Published 2021-12-01“…His theory can be conditionally called as Metaphysical Conceptualism, this fully corresponds to both his methodological approach (conceptual analysis and metaphysics of the properties of legal concepts) and the claims he defends. The analysis proposed by Himma made a great theoretical contribution to the discussion of the intersection of morality and law and brought the discussion between inclusive and exclusive legal positivism to a new qualitative level. …”
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Crime and misdeeds amongst certain members of Ragusan communities in medieval Serbia (1400-1459)
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Human Rights and Investment Arbitration – Fields of Interaction
Published 2022-07-01“…At first glance, these two branches of public international law remain completely unrelated and do not have any significant features in common. …”
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Research of court evidence of the time of Kievan Rus accomplished by professor O. I. Paliumbetskyi (1811-1897)
Published 2018-11-01“…The scholar pointed out that the fight between the parties, according to the Russian law, was used in the absence of evidence of a plaintiff and, moreover, served as evidence for a defendant, who could replace it with other means of defense, except for the oath. …”
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Intelligence obtained by applying data mining to a database of French theses on the subject of Brazil
Published 2001-01-01“…The objective was to identify indicators concerning: occurrence of thesis by subject areas; thesis supervisors identified with certain subject areas; geographical distribution of cities hosting institutions where the theses were defended; frequency by subject area in the period when the theses were defended. …”
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Do human rights really protect us? The evolution of the concept of human rights influenced by the work of the Inter-American Court of Human Rights
Published 2023-12-01“… This text explores the growing influence of International Human Rights Law, focusing on the Inter-American System. It argues that human rights have attained a status akin to a "secular religion," shaping the legitimacy of states globally. …”
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