Subjects -> LAW (Total: 1523 journals)
    - CIVIL LAW (36 journals)
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    - CORPORATE LAW (90 journals)
    - CRIMINAL LAW (27 journals)
    - CRIMINOLOGY AND LAW ENFORCEMENT (152 journals)
    - FAMILY AND MATRIMONIAL LAW (23 journals)
    - INTERNATIONAL LAW (190 journals)
    - JUDICIAL SYSTEMS (22 journals)
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    - LAW: GENERAL (9 journals)

INTERNATIONAL LAW (190 journals)                     

Showing 1 - 190 of 190 Journals sorted alphabetically
Acta Juridica Hungarica     Full-text available via subscription   (Followers: 6)
African Journal of International and Comparative Law     Hybrid Journal   (Followers: 19)
African Yearbook of International Law Online : Annuaire Africain de droit international Online     Hybrid Journal   (Followers: 10)
Afrilex     Open Access   (Followers: 6)
Agora International Journal of Juridical Sciences     Open Access   (Followers: 3)
AJIL Unbound     Open Access  
American Business Law Journal     Hybrid Journal   (Followers: 24)
American Journal of International Law     Hybrid Journal   (Followers: 64)
American University International Law Review     Open Access   (Followers: 11)
Annuaire Français de Droit International     Full-text available via subscription   (Followers: 2)
Annual Review of Law and Social Science     Full-text available via subscription   (Followers: 14)
Annual Survey of International & Comparative Law     Open Access   (Followers: 15)
Antitrust Chronicle - Competition Policy International     Full-text available via subscription   (Followers: 6)
Anuario Colombiano de Derecho Internacional     Open Access  
Anuario de Derechos Humanos     Open Access  
Anuario Español de Derecho Internacional     Full-text available via subscription   (Followers: 1)
Anuario español de derecho internacional privado     Partially Free  
Anuario Iberoamericano de Derecho Internacional Penal     Open Access   (Followers: 1)
Anuario Mexicano de Derecho Internacional     Open Access   (Followers: 1)
Arbitration International     Full-text available via subscription   (Followers: 22)
ASA Bulletin     Full-text available via subscription   (Followers: 5)
Asia-Pacific Journal of Ocean Law and Policy     Hybrid Journal  
Asian International Arbitration Journal     Full-text available via subscription   (Followers: 4)
Asian Journal of Comparative Law     Hybrid Journal   (Followers: 11)
Asian Journal of International Law     Hybrid Journal   (Followers: 18)
Australasian Policing     Full-text available via subscription   (Followers: 6)
Australian International Law Journal     Full-text available via subscription   (Followers: 22)
Australian Journal of Asian Law     Full-text available via subscription   (Followers: 4)
Austrian Review of International and European Law Online     Hybrid Journal   (Followers: 6)
Baltic Yearbook of International Law Online     Hybrid Journal   (Followers: 4)
Berkeley Journal of International Law     Open Access   (Followers: 23)
Boletin Mexicano de Derecho Comparado     Open Access   (Followers: 2)
Boston College International & Comparative Law Review     Open Access   (Followers: 13)
Brigham Young University International Law and Management Review     Open Access   (Followers: 2)
British Yearbook of International Law     Hybrid Journal   (Followers: 35)
Brooklyn Journal of International Law     Open Access   (Followers: 5)
California Western International Law Journal     Open Access   (Followers: 5)
Canadian Yearbook of International Law / Annuaire canadien de droit international     Full-text available via subscription   (Followers: 3)
Cape Town Convention Journal     Open Access  
Case Western Reserve Journal of International Law     Full-text available via subscription   (Followers: 5)
Chicago Journal of International Law     Full-text available via subscription   (Followers: 8)
Chinese Journal of Environmental Law     Hybrid Journal  
Chinese Journal of Global Governance     Open Access   (Followers: 3)
Chinese Journal of International Law     Hybrid Journal   (Followers: 24)
Climate law     Hybrid Journal   (Followers: 5)
Columbia Journal of Transnational Law     Open Access   (Followers: 9)
Common Law World Review     Full-text available via subscription   (Followers: 18)
Commonwealth Law Bulletin     Hybrid Journal   (Followers: 13)
Comparative and International Law Journal of Southern Africa     Full-text available via subscription   (Followers: 4)
Comparative Strategy     Hybrid Journal   (Followers: 10)
Computer Law Review International     Hybrid Journal   (Followers: 1)
Contemporary Security Policy     Hybrid Journal   (Followers: 19)
Cornell International Law Journal     Open Access   (Followers: 5)
Corporate Governance An International Review     Hybrid Journal   (Followers: 18)
Criterios     Open Access  
Denver Journal of International Law and Policy     Full-text available via subscription   (Followers: 5)
Deusto Journal of Human Rights     Open Access  
Duke Journal of Comparative & International Law     Open Access   (Followers: 17)
European Business Law Review     Full-text available via subscription   (Followers: 16)
European Company Law     Full-text available via subscription   (Followers: 12)
European Foreign Affairs Review     Full-text available via subscription   (Followers: 34)
European Journal for Security Research     Hybrid Journal   (Followers: 1)
European Journal of International Law     Hybrid Journal   (Followers: 230)
European Journal of Migration and Law     Hybrid Journal   (Followers: 39)
European Labour Law Journal     Full-text available via subscription   (Followers: 17)
European Political Science     Hybrid Journal   (Followers: 40)
European Property Law Journal     Hybrid Journal   (Followers: 6)
Fordham International Law Journal     Full-text available via subscription   (Followers: 21)
Foreign Policy Bulletin     Hybrid Journal   (Followers: 6)
Frontiers of Law in China     Hybrid Journal   (Followers: 2)
Georgetown Journal of International Law     Full-text available via subscription   (Followers: 12)
Georgia Journal of International and Comparative Law     Open Access   (Followers: 4)
Global Jurist     Hybrid Journal   (Followers: 7)
Global Justice : Theory Practice Rhetoric     Open Access   (Followers: 1)
Harvard International Law Journal     Free   (Followers: 51)
Houston Journal of International Law     Full-text available via subscription   (Followers: 5)
ICSID Review : Foreign Investment Law Journal     Hybrid Journal   (Followers: 12)
Indian Journal of International Law     Hybrid Journal  
Inter: Revista de Direito Internacional e Direitos Humanos da UFRJ     Open Access   (Followers: 1)
Intergenerational Justice Review     Open Access  
International & Comparative Law Quarterly     Full-text available via subscription   (Followers: 262)
International Area Studies Review     Hybrid Journal   (Followers: 3)
International Commentary on Evidence     Hybrid Journal   (Followers: 1)
International Community Law Review     Hybrid Journal   (Followers: 10)
International Comparative Jurisprudence     Open Access   (Followers: 2)
International Human Rights Law Review     Hybrid Journal   (Followers: 26)
International Journal for Court Administration     Open Access   (Followers: 1)
International Journal for the Semiotics of Law     Hybrid Journal   (Followers: 6)
International Journal of Comparative and Applied Criminal Justice     Hybrid Journal   (Followers: 4)
International Journal of Comparative Labour Law and Industrial Relations     Full-text available via subscription   (Followers: 25)
International Journal of Discrimination and the Law     Hybrid Journal   (Followers: 8)
International Journal of Evidence and Proof     Full-text available via subscription   (Followers: 12)
International Journal of Information Privacy, Security and Integrity     Hybrid Journal   (Followers: 27)
International Journal of Language & Law     Open Access   (Followers: 3)
International Journal of Law in Context     Hybrid Journal   (Followers: 17)
International Journal of Law, Crime and Justice     Hybrid Journal   (Followers: 61)
International Journal of Law, Policy and the Family     Hybrid Journal   (Followers: 25)
International Journal of Nuclear Law     Hybrid Journal   (Followers: 4)
International Journal of Political Economy     Full-text available via subscription   (Followers: 17)
International Journal of Private Law     Hybrid Journal   (Followers: 10)
International Journal of Public Law and Policy     Hybrid Journal   (Followers: 11)
International Journal of Refugee Law     Hybrid Journal   (Followers: 40)
International Journal of Transitional Justice     Hybrid Journal   (Followers: 14)
International Law: Revista Colombiana de Derecho Internacional     Open Access   (Followers: 3)
International Negotiation     Hybrid Journal   (Followers: 15)
International Organizations Law Review     Hybrid Journal   (Followers: 21)
International Planning Studies     Hybrid Journal   (Followers: 6)
International Review of Law     Open Access   (Followers: 6)
International Review of the Red Cross     Full-text available via subscription   (Followers: 12)
International Security     Hybrid Journal   (Followers: 76)
Israel Law Review     Hybrid Journal   (Followers: 2)
Italian Yearbook of International Law Online     Hybrid Journal   (Followers: 4)
Ius Gentium     Open Access   (Followers: 4)
Jerusalem Review of Legal Studies     Hybrid Journal  
Journal of Biosecurity Biosafety and Biodefense Law     Hybrid Journal   (Followers: 3)
Journal of European Competition Law & Practice     Hybrid Journal   (Followers: 22)
Journal of Genocide Research     Hybrid Journal   (Followers: 14)
Journal of International Commercial Law and Technology     Open Access   (Followers: 3)
Journal of International Dispute Settlement     Hybrid Journal   (Followers: 16)
Journal of International Economic Law     Hybrid Journal   (Followers: 33)
Journal of International Humanitarian Legal Studies     Hybrid Journal   (Followers: 8)
Journal of International Political Theory     Hybrid Journal   (Followers: 18)
Journal of Law, Policy and Globalization     Open Access   (Followers: 18)
Journal of Liberty and International Affairs     Open Access   (Followers: 4)
Journal of Migration and Refugee Issues, The     Full-text available via subscription   (Followers: 34)
Journal of Private International Law     Hybrid Journal   (Followers: 11)
Journal of the History of International Law     Hybrid Journal   (Followers: 16)
Journal on the Use of Force and International Law     Full-text available via subscription   (Followers: 16)
Korean Journal of International and Comparative Law     Hybrid Journal   (Followers: 2)
Law and Practice of International Courts and Tribunals     Hybrid Journal   (Followers: 21)
Legal Issues of Economic Integration     Full-text available via subscription   (Followers: 13)
Leiden Journal of International Law     Hybrid Journal   (Followers: 38)
LEX     Open Access   (Followers: 1)
London Review of International Law     Hybrid Journal   (Followers: 8)
Loyola of Los Angeles International and Comparative Law Review     Open Access   (Followers: 9)
Loyola University Chicago International Law Review     Open Access   (Followers: 4)
Maastricht Journal of European and Comparative Law     Full-text available via subscription   (Followers: 25)
Maryland Journal of International Law     Open Access   (Followers: 3)
Max Planck Yearbook of United Nations Law Online     Hybrid Journal   (Followers: 10)
Melbourne Journal of International Law     Full-text available via subscription   (Followers: 17)
Michigan State International Law Review     Open Access   (Followers: 6)
Netherlands International Law Review     Full-text available via subscription   (Followers: 20)
Netherlands Yearbook of International Law     Full-text available via subscription   (Followers: 15)
New Zealand Journal of Public and International Law     Full-text available via subscription   (Followers: 13)
New Zealand Yearbook of International Law, The     Full-text available via subscription   (Followers: 9)
Nordic Journal of International Law     Hybrid Journal   (Followers: 18)
Northwestern Journal of International Human Rights     Open Access   (Followers: 5)
Northwestern Journal of International Law & Business     Open Access   (Followers: 5)
Notre Dame Journal of International & Comparative Law     Open Access   (Followers: 5)
Oromia Law Journal     Open Access   (Followers: 1)
Pace International Law Review     Open Access   (Followers: 8)
Palestine Yearbook of International Law Online     Hybrid Journal   (Followers: 7)
Penn State Journal of Law & International Affairs     Open Access   (Followers: 4)
Polar Journal     Hybrid Journal   (Followers: 5)
Public and Private International Law Bulletin     Open Access   (Followers: 2)
Recht der Werkelijkheid     Full-text available via subscription   (Followers: 2)
Review of European Community & International Environmental Law     Hybrid Journal   (Followers: 7)
Review of European, Comparative & International Environmental Law     Hybrid Journal   (Followers: 7)
Revista de Derecho de la Unión Europea     Open Access   (Followers: 4)
Revista de Direito Brasileira     Open Access   (Followers: 1)
Revista de la Secretaría del Tribunal Permanente de Revisión     Open Access  
Revista Tribuna Internacional     Open Access   (Followers: 1)
Revista Videre     Open Access   (Followers: 1)
Revue québécoise de droit international / Quebec Journal of International Law / Revista quebequense de derecho internacional     Open Access   (Followers: 2)
Santa Clara Journal of International Law     Open Access   (Followers: 2)
South African Yearbook of International Law     Full-text available via subscription   (Followers: 2)
South Carolina Journal of International Law and Business     Open Access   (Followers: 4)
Stanford Journal of International Law     Full-text available via subscription   (Followers: 11)
Syracuse Journal of International Law and Commerce     Open Access   (Followers: 3)
TDM Transnational Dispute Management Journal     Full-text available via subscription   (Followers: 6)
Texas International Law Journal     Full-text available via subscription   (Followers: 5)
Tilburg Law Review     Open Access   (Followers: 5)
Transnational Environmental Law     Hybrid Journal   (Followers: 5)
Uniform Law Review     Hybrid Journal   (Followers: 3)
University of Miami Inter-American Law Review     Open Access   (Followers: 1)
Utrecht Journal of International and European Law     Open Access   (Followers: 17)
Vanderbilt Journal of Transnational Law     Free   (Followers: 5)
Virginia Journal of International Law     Free   (Followers: 4)
Washington University Global Studies Law Review     Open Access   (Followers: 11)
Wisconsin International Law Journal     Free   (Followers: 4)
World Journal of VAT/GST Law     Full-text available via subscription   (Followers: 1)
World Trade and Arbitration Materials     Full-text available via subscription   (Followers: 7)
Yale Journal of International Law     Free   (Followers: 18)
Yearbook of International Environmental Law     Hybrid Journal   (Followers: 12)
Yearbook of International Humanitarian Law     Full-text available via subscription   (Followers: 7)
Yearbook of Polar Law Online     Hybrid Journal  
Zeitschrift für Außen- und Sicherheitspolitik     Hybrid Journal   (Followers: 12)
Zeitschrift für das Privatrecht der Europäischen Union - European Union Private Law Review / Revue de droit privé de l'Union européenne     Hybrid Journal   (Followers: 1)
Zeitschrift für öffentliches Recht     Hybrid Journal   (Followers: 17)
Zeitschrift für Zivilprozess International     Hybrid Journal  

           

Similar Journals
Journal Cover
International Comparative Jurisprudence
Number of Followers: 2  

  This is an Open Access Journal Open Access journal
ISSN (Online) 2351-6674
Published by Elsevier Homepage  [3206 journals]
  • Civil actions for damages caused by war crimes vs. State immunity from
           jurisdiction and the political act doctrine: ECtHR, ICJ and Italian courts
           

    • Authors: Francesco De Santis di Nicola
      Abstract: Publication date: Available online 28 February 2017
      Source:International Comparative Jurisprudence
      Author(s): Francesco De Santis di Nicola
      Civil actions for war crimes serve the purposes of obtaining a public acknowledgment of the tort and that of reaffirming the legal binding force of the rules protecting fundamental human rights. However, two main obstacles arise before such actions since the defendant is a State: immunity from jurisdiction and the political act doctrine. The interaction between the Italian Supreme Courts (Corte di Cassazione and Corte Costituzionale), the European Court of Human Rights and the International Court of Justice provides clear examples of the achievements and the remaining challenges in this field, where the right of access to a court and the right to an effective remedy should not be excluded in the name of an absolute sovereignty or of an unaccountable raison d’État.

      PubDate: 2017-03-04T23:32:14Z
      DOI: 10.1016/j.icj.2017.02.002
       
  • Cumulation of Offences and Purposes of Sentencing in International
           Criminal Law: A Troublesome Inheritance of the Second World War

    • Authors: Fulvio Maria Palombino
      Abstract: Publication date: Available online 13 February 2017
      Source:International Comparative Jurisprudence
      Author(s): Fulvio Maria Palombino
      In international criminal law, as well as in national penal systems, a defendant may be found guilty of more than one crime as a result of the same act. In that case, the question arises as to whether this act, while breaching several criminal provisions, in reality violates only one. The approach followed in case law is so formal as to provide no limiting effects to cumulative convictions. Plausibly, this is a consequence of a line of thought that emerged in the aftermath of the Second World War and advances a primarily ‘retributive’ idea of punishment for serious international crimes, i.e. a kind of idea where there is no room for the perpetrator's rehabilitation. In this author's view, bearing in mind the dramatic development of human rights’ protection over the years, such an idea should be revised. And this in order to favor a more substantive approach to the matter of cumulation.

      PubDate: 2017-02-13T12:00:25Z
      DOI: 10.1016/j.icj.2017.02.003
       
  • Arguments for or Against An (Emerging) Eclectic Theory of Law

    • Authors: Eric Datu Agustin
      Abstract: Publication date: Available online 7 February 2017
      Source:International Comparative Jurisprudence
      Author(s): Eric Datu Agustin
      Law, as an interdisciplinary concept, has a multidimensional character. It does not simply consist of a set of rules of conduct inherent in human nature and binding upon human society. More than a litany of legal principles and related concepts (e.g., rights, justice, liberty, punishment), laws also consist of a combination of historical, critical, postmodern, socio-political, inter alia dimensions. As such, in various legal systems, they can do any or a few, but not limited to the following: confer powers, define relations, explain or clarify, determine sanctions, permit or forbid human activities, etc. In this paper, using an eclectic theoretical approach to jurisprudence, 1 1 Eclecticism, as used in this argumentative paper, is unlike its variants (e.g., Eclectic Theory of Bush II) (Menendez, 2008) I argue that no legal theory is ever complete without an adequate consideration of the multifacetedness of human laws, specifically when it comes to legality and morality, which may or may not be influenced by each other, but also by individuals, society, and the world. For one, law and morality have similar root in philosophy. They share some similarities and differences as their detailed treatment of what is or ought to be legal and moral sometimes overlap or clashes. Nevertheless, in various philosophical contexts, everything is related to everything else. Morality and law may be systematically and conceptually related or not despite their similarities and distinctiveness. As such, my argumentative research, or more aptly stated, discussion paper starts with a detailed discussion of the various legal theories’ focal points until a comprehensive analysis, interpretation, application, and synthesis of what law is, should be and ought to be is reached. Hence, the delimitation of my article is around various major legal theories and how an evolving conception of law and morality, not to mention other legal aspects, is presented for an implicit understanding of the present world and imminent future.

      PubDate: 2017-02-13T12:00:25Z
      DOI: 10.1016/j.icj.2017.02.001
       
  • Lessons from the past for weapons of the future

    • Authors: Neringa
      Abstract: Publication date: Available online 18 January 2017
      Source:International Comparative Jurisprudence
      Author(s): Neringa Mickevičiūtė
      One of the key postulates of modern law of armed conflict or international humanitarian law (IHL) is that the choice of weapons by fighting parties is not unlimited. Thus, in order to ensure excessive harm is not inflicted, certain weapons are prohibited or their use is restricted. Although every case is quite unique, limitations related to weapons attest to the fact that effects of ordinary use of those weapons were deemed incompatible with the requirements of IHL. This article examines the potential for regulation of lethal autonomous weapons, while at the same time drawing upon lessons from the past. The analysis covers various ways how IHL restricts the choice of means of warfare – formal regulation, application of customary rules and principles to a weapon, and legal weapons review – all of which offer valuable insights on how to accommodate rising legal uncertainty over autonomous weapons. In this respect, the ‘headliner’ of World War II, the nuclear weapon, serves as an exceptional example that some weapons bring about unparalleled regulatory challenges. Like atom bomb, lethal autonomous weapons mark revolutionary changes in warfare. Yet, this article is to confirm applicability and adaptability of IHL to any new weapon, including an autonomous one.

      PubDate: 2017-01-22T11:21:13Z
       
  • EU in the Face of Migrant Crisis: Reasons for Ineffective Human Rights
           Protection

    • Authors: Simas Grigonis
      Abstract: Publication date: Available online 18 January 2017
      Source:International Comparative Jurisprudence
      Author(s): Simas Grigonis
      Despite the fact that EU was acknowledged to ensure human rights protection level equivalent to the one ensured under European Convention on Human Rights (ECHR), it is doubtful if the EU was able to ensure human rights in time of recent migrant crisis. It is argued in the Article that, absence of comprehensive EU-level migrant policy restricted EU's ability to prevent the crisis and to mitigate its consequences as well as human rights violations. In addition, being oriented to ex post rights defense, EU's system was also practically unsuitable to defend the rights of the asylum seekers after the violations actually occurred. It is proposed that EU should address migration issues immediately by introducing major migration policy reform.

      PubDate: 2017-01-22T11:21:13Z
      DOI: 10.1016/j.icj.2017.01.003
       
  • International Criminal Court Facing the Peace vs. Justice Dilemma

    • Authors: Krzan
      Abstract: Publication date: Available online 9 January 2017
      Source:International Comparative Jurisprudence
      Author(s): Bartłomiej Krzan
      The ‘Peace versus justice’ debate has been a central theme when analyzing the politics of international criminal justice. The role of the permanent International Criminal Court may be portrayed as an obstacle to peace processes but it may as well facilitate those processes. The present paper, by juxtaposing sometimes diverging views, argues that a more nuanced approach is needed for properly assessing the impact of the ICC. In fact, the Court may play neither role exclusively. Instead, there are different mechanisms enshrined in the Rome Statute, for accommodating the demands of peace and justice. They are addressed within the present study.

      PubDate: 2017-01-15T04:52:45Z
       
  • Violated or protected. Women's rights in armed conflicts after the Second
           World War

    • Authors: Natalia Buchowska
      Abstract: Publication date: Available online 28 December 2016
      Source:International Comparative Jurisprudence
      Author(s): Natalia Buchowska


      PubDate: 2017-01-06T12:04:47Z
      DOI: 10.1016/j.icj.2016.12.002
       
  • Compensation of non-pecuniary damage to persons close to the deceased or
           to the aggrieved person

    • Authors: Janno Lahe; Irene Kull
      Pages: 1 - 7
      Abstract: Publication date: Available online 10 March 2016
      Source:International Comparative Jurisprudence
      Author(s): Janno Lahe, Irene Kull
      In the field of compensation of non-pecuniary damage, one of the most widely discussed issues is whether and based on which prerequisites those close to a person killed or injured ought to be able to claim compensation for non-pecuniary damage. This article attempts to find answers to these questions by comparing Estonian, German and English law as well as relevant European model laws. The article thoroughly examines Estonian case-law and investigates whether Estonian courts have reasonably substantiated the precondition for a claim for compensation of non-pecuniary damage of a close person under Estonian law, i.e. the occurrence of exceptional circumstances. The article shows the actual possibilities of a person close to the deceased or to an aggrieved person to obtain compensation for non-pecuniary damage under Estonian law.

      PubDate: 2016-05-16T16:14:43Z
      DOI: 10.1016/j.icj.2016.03.001
      Issue No: Vol. 2, No. 1 (2016)
       
  • Different Regulatory Models of Transfer of Industrial Property Rights in
           the Baltic States: A Plea for Harmonized Approach

    • Authors: Aleksei Kelli; Age Värv; Tõnis Mets; Vadim Mantrov; Ramūnas Birštonas; Carri Ginter
      Pages: 8 - 17
      Abstract: Publication date: Available online 4 May 2016
      Source:International Comparative Jurisprudence
      Author(s): Aleksei Kelli, Age Värv, Tõnis Mets, Vadim Mantrov, Ramūnas Birštonas, Carri Ginter
      The authors explore different models of transfer of industrial property on a comparative basis. The article demonstrates that these models differ on a country level and several models may be in use in one legal system. The authors analyze strengths and weaknesses and legal implications of these models in the three Baltic States both at the regulatory level and at the practical level through case studies. The authors conclude that would be preferable to use the model under which the register is vested with negative publicity and the transfer of ownership of industrial property is not made dependent on its recordation.

      PubDate: 2016-05-16T16:14:43Z
      DOI: 10.1016/j.icj.2016.05.001
      Issue No: Vol. 2, No. 1 (2016)
       
  • Misleading Actions vs. Misleading Omissions under Unfair Commercial
           Practices Directive. National Approach in Context

    • Authors: Saulius Katuoka; Ieva Navickaitė-Sakalauskienė
      Pages: 18 - 24
      Abstract: Publication date: Available online 21 July 2016
      Source:International Comparative Jurisprudence
      Author(s): Saulius Katuoka, Ieva Navickaitė-Sakalauskienė
      Unfair Commercial Practices Directive remains one of the most ambitious acts of secondary legislation adopted in the field of consumer protection over the past decade. This legal instrument seeks to establish a common European understanding of “unfairness” in business-to-consumer legal relations. Hereby Directive introduced a comprehensive regulatory regime applied to all types of commercial activities that can influence the economic behaviour of consumers, covering any business-to-consumer commercial practice before, during and after a transaction, thus including marketing, negotiation, sales practices and after-sales conduct. Unfair Commercial Practices Directive into Lithuanian legal system was transposed by adopting a completely new legal act – Law on Prohibition of Unfair Business-to-Consumer Commercial Practices of the Republic of Lithuania. The implementation of the Unfair Commercial Practices Directive in Lithuania led to a split-up between misleading business-to-consumer commercial practices and misleading business-to-business advertising regulation regimes. Implementing act among other rules introduced into the national legal system provisions on the prohibition of misleading commercial practices, ensuring that consumers are not misled, thus enabling them to make informed and reasonable choices. The purpose of this article is to examine the norms of national act, implementing the prohibition of misleading commercial practices into the national legal system in the context of implementing provisions of the other Member States and to reveal core national regulation and application problems. Also, having in mind that in the text of the Directive a distinction between misleading actions and misleading omissions is made, it is analyzed whether the clear line between the application of these rules is made in legal practice. In conclusion authors formulate key recommendations for consumer protection institutions and courts, applying the rules on misleading commercial practices.

      PubDate: 2016-07-26T15:32:48Z
      DOI: 10.1016/j.icj.2016.07.002
      Issue No: Vol. 2, No. 1 (2016)
       
  • Government Formation and Cabinet Types in New Democracies: Armenia and
           Georgia in Comparative European Perspective

    • Authors: Malkhaz Nakashidze
      Pages: 25 - 35
      Abstract: Publication date: Available online 7 July 2016
      Source:International Comparative Jurisprudence
      Author(s): Malkhaz Nakashidze
      This article is an interdisciplinary comparative research in constitutional law and political science on government formation. The article analyses the possibility of application of European model of government formation to models in the post-soviet countries based on the analyses of the constitutional frameworks and key political, contextual factors that influence the formation of different types of governments. The research looks at the processes of government formation in Armenia and Georgia and defines the extent to which the government formation processes correspond to the broader European experience. The article provides an empirical basis for further comparative research on coalition formation in Central and Eastern European as well as newly democratic post-Soviet countries. Article is based on constitutional system and political practice of Armenia and Georgia in 2003-2012.

      PubDate: 2016-07-08T14:45:36Z
      DOI: 10.1016/j.icj.2016.06.001
      Issue No: Vol. 2, No. 1 (2016)
       
  • Legal Aid for intervenors in proceedings before the European Court of
           Human Rights

    • Authors: Edita Gruodytė; Stefan Kirchner
      Pages: 36 - 44
      Abstract: Publication date: Available online 27 April 2016
      Source:International Comparative Jurisprudence
      Author(s): Edita Gruodytė, Stefan Kirchner
      Article 36 of the European Convention on Human Rights (ECHR) enables third parties to intervene in cases before the European Court of Human Rights (ECtHR). Access to justice is a very important principle which has been developed both in international law and in the context of the ECHR. There is, however, no clear answer regarding the question of how legal aid is accessible for third persons who are affected by proceedings without being a party to them. Taking the example of German law introducing Legal Aid for affected third parties, the authors ask if such a national act is necessary from the perspective of the access to justice. The law described here adds an additional national layer to internationalized proceedings and the authors seek to answer the question how helpful the enacted law could be in practice. In light of recent controversies concerning permits for major infrastructure projects in Germany the question of legal aid is also of importance for corporate applicants before the European Court of Human Rights because affected third persons who may be eligible for legal aid under the new law can also be those who had, in Administrative Law courts, challenged permits issued to the person who then is the applicant in proceedings before the European Court of Human Rights. The authors also look at the right to legal aid for affected third parties under the European Union’s Charter of Fundamental Rights and the potential divergence between the Charter and the European Convention of Human Rights against the backdrop of the potential accession of the European Union to the Convention and conclude that, notwithstanding some small shortcomings, the new law is necessary and should be sufficiently effective in assistance of third persons intervening before the ECHR.

      PubDate: 2016-05-16T16:14:43Z
      DOI: 10.1016/j.icj.2016.04.001
      Issue No: Vol. 2, No. 1 (2016)
       
  • Procedure before the European Union Civil Service Tribunal: Specific
           aspects

    • Authors: Inga Jablonskaitė-Martinaitienė; Natalija Točickienė
      Pages: 45 - 54
      Abstract: Publication date: Available online 17 May 2016
      Source:International Comparative Jurisprudence
      Author(s): Inga Jablonskaitė-Martinaitienė, Natalija Točickienė
      The distinct character of the Civil Service Tribunal as well as its case-law has led to a number of procedural particularities and innovations. The Civil Service Tribunal encourages the parties to a case to favour an amicable settlement of the dispute. In the staff cases the amicable settlement procedure is of very significant value as it allows achieving a balanced and for both parties to a case acceptable solution. The particular attention needs to be paid to the allocation of costs according to the rules governing the procedure before the Civil Service Tribunal. It is to be noted that a special rule previously had applied to the staff cases, according to which the applicant did not pay the institution's costs even if he lost the case. The special rule was abolished as from the 1st November 2007 and today a general rule stating that the unsuccessful party shall be ordered to pay the costs has to be applied. However, as it is apparent from the case-law of the Civil Service Tribunal, the general rule is not applied automatically. Attention must be also drawn to the provisions granting the Tribunal the possibility of ordering any claimant bringing a manifestly abusive action to reimburse the costs occasioned by that action. The Tribunal is faced with an increasing number of actions from claimants who misuse that judicature, the cases brought by those applicants often take up a disproportionate amount of the Tribunal's time and impedes its functioning. Thus, this article analyses the abovementioned specific aspects of the procedure before the Civil Service Tribunal. These procedural aspects are compared to the aspects of procedure before the Court of Justice and the General Court.

      PubDate: 2016-06-15T09:41:21Z
      DOI: 10.1016/j.icj.2016.05.002
      Issue No: Vol. 2, No. 1 (2016)
       
  • IMPORTANCE OF Emotional Intelligence in NEGOTIATION AND MEDIATION

    • Authors: Edward J. Kelly; Natalija Kaminskienė
      Pages: 55 - 60
      Abstract: Publication date: Available online 5 July 2016
      Source:International Comparative Jurisprudence
      Author(s): Edward J. Kelly, Natalija Kaminskienė
      Emotions play a very important role in the search for dispute resolution, but very often are neither understood nor effectively addressed by the parties to the dispute, also not properly controlled and managed by the professionals that are helping the parties to reach peaceful dispute resolution. The effective negotiator or mediator must take into account not only the economic, political and physical aspects of the process, but also the emotional tenor of themselves as well as that of all of the parties. This paper has three objectives: to define emotions and their role in solving legal disputes by the means of negotiation and mediation processes; to outline main elements of the process of developing emotional intelligence as they play out in the mediation and negotiation processes; and to explore some of the mechanisms for addressing and optimizing the emotional climate in negotiation and mediation processes. The object of the research – emotions in the processes of legal dispute resolution – negotiation and mediation. The research is composed of introduction, three parts and conclusions. Introduction provides a brief overview of the object of that research and its goals, part one describes emotions and their roles in negotiation and mediation processes, in part two four elements to develop emotional intelligence are overviewed and in the third part analysis of mechanisms for addressing and optimizing the emotional climate of negotiations and mediation are presented. The conclusion gives main ideas of the assignment of that work in brief.

      PubDate: 2016-07-08T14:45:36Z
      DOI: 10.1016/j.icj.2016.07.001
      Issue No: Vol. 2, No. 1 (2016)
       
  • Combating corruption: The development of whistleblowing laws in the United
           States, Europe, and Armenia

    • Authors: David Schultz; Khachik Harutyunyan
      Pages: 87 - 97
      Abstract: Publication date: December 2015
      Source:International Comparative Jurisprudence, Volume 1, Issue 2
      Author(s): David Schultz, Khachik Harutyunyan
      Corruption is a persistent problem that plagues the world. It knows no borders. It is a problem facing post-communist countries as they transition to democracies and market economies, as well as established democracies and other regimes. While the causes of corruption are varied, the tools often suggested to combat corruption include expanded use of whistleblowing in terms of incentives to encourage it and laws to protect whistleblowers. This article examines the role of whistleblowing as a tool to combat corruption. It describes the law and role of whistleblowing in a comparative context, focusing on the United States, the European Union, and Armenia. The article then concludes with recommendations regarding how whistleblowing could be strengthened, especially in Armenia, as an example of a post-communist state, to be an effective tool for addressing corruption.

      PubDate: 2016-05-16T16:14:43Z
      DOI: 10.1016/j.icj.2015.12.005
      Issue No: Vol. 1, No. 2 (2016)
       
  • Accession of the EU to the ECHR: Issues of the co-respondent mechanism

    • Authors: Inga Daukšienė; Simas Grigonis
      Pages: 98 - 105
      Abstract: Publication date: December 2015
      Source:International Comparative Jurisprudence, Volume 1, Issue 2
      Author(s): Inga Daukšienė, Simas Grigonis
      On December 2014, the Court of Justice of the European Union adopted one of the most controversial decisions in recent decades—the famous Opinion 2/13 that precluded the European Union from acceding to the European Convention on Human Rights. This article engages in the analysis of the co-respondent mechanism—one of the most significant features of the Draft Agreement for the accession of the European Union to the Convention. The co-respondent mechanism was intentionally designed to preserve the specific characteristics of the European Union law by precluding the European Court of Human Rights from solving the complex questions of the internal competence division of the European Union. However, notwithstanding that the European Commission and most of the Member States had not seen any significant threats caused by the mechanism, the Luxembourg court rejected the mechanism due to the European Union’s motives for the protection of autonomy. This article analyzes and assesses the objections presented by the Court.

      PubDate: 2016-06-15T09:41:21Z
      DOI: 10.1016/j.icj.2016.01.001
      Issue No: Vol. 1, No. 2 (2016)
       
  • Interaction between the doctrines of forum non conveniens, judgment
           enforcement, and the concept of the rule of law in transnational
           litigation in the United States

    • Authors: Mantas Pakamanis
      Pages: 106 - 112
      Abstract: Publication date: December 2015
      Source:International Comparative Jurisprudence, Volume 1, Issue 2
      Author(s): Mantas Pakamanis
      This article analyses the application of the forum non conveniens and the judgment enforcement doctrines in the United States courts and questions its conformity with the concept of the rule of law. The concept of the rule of law, the general principle of international law, inter alia requires accessibility of law, that questions of legal right should be decided by law not discretion, and compliance by the state with its obligations in international law. The systematic analysis by the author of this article shows that the application of the two doctrines in the same dispute firstly might deny accessibility of law and later restrict the possibility to find a solution. Such application by the United States courts can create a lacuna in access to justice. Thus, the following denial of effective access to justice, applying the two doctrines, might not obey the concept of the rule of law.

      PubDate: 2016-05-16T16:14:43Z
      DOI: 10.1016/j.icj.2015.12.003
      Issue No: Vol. 1, No. 2 (2016)
       
  • The right of publicity in the USA, the EU, and Ukraine

    • Authors: Kateryna Moskalenko
      Pages: 113 - 120
      Abstract: Publication date: December 2015
      Source:International Comparative Jurisprudence, Volume 1, Issue 2
      Author(s): Kateryna Moskalenko
      The purpose of the research is to compare the regulation of the right of publicity in the USA, the EU and Ukraine and to analyze its legal nature. Conducted examination allowed to conclude on the following. The right of publicity is one of the emerging rights belonging to celebrities who have gained publicity in certain spheres of show business (singers, actors, artists, writers, etc.), the sports industry, or politics; individuals who have become the victims of crime; and others. American legal doctrine has already developed case law and a legal framework allowing famous persons to freely license and transfer their right of publicity. The countries of the EU have not developed a unique approach regarding the right of publicity, while the Bailiwick of Guernsey has introduced a unique system of protection of the so-called image rights, creating a special register of such rights and allowing protection of moral and patrimonial rights to one׳s image, which is broadly defined. The right of publicity is distinguished from trademarks and copyright; an analysis of their legal nature shows that these objects are not identical. Current Ukrainian legislation provides for protection of one`s name and image, however the emerging market of show business in Ukraine makes it obvious that the right of publicity shall be introduced into Ukrainian Civil Code. A new right in Ukraine can be based on the example of the American model (i.e. on relevant provisions of the California Civil Code).

      PubDate: 2016-05-16T16:14:43Z
      DOI: 10.1016/j.icj.2015.12.001
      Issue No: Vol. 1, No. 2 (2016)
       
  • Equal access to publicly funded health care services: The legal
           experiences of Finland and Kazakhstan

    • Authors: Mariya Riekkinen; Pekka Riekkinen; Kanat Kozhabek; Aizhan Zhatkanbayeva; Gennady Chebotarev
      Pages: 121 - 132
      Abstract: Publication date: December 2015
      Source:International Comparative Jurisprudence, Volume 1, Issue 2
      Author(s): Mariya Riekkinen, Pekka Riekkinen, Kanat Kozhabek, Aizhan Zhatkanbayeva, Gennady Chebotarev
      This article deals with the issue of equality in access to publicly funded health care based on the example of two jurisdictions, Finland and Kazakhstan. Legislative provisions of such access differ significantly in these two states. These differences culminate in the notion of citizenship. If Finland guarantees the right to publicly funded health care to everyone who is legally residing within its territory, Kazakhstan departs from that premise in that only its citizens are entitled with such a right. These and other differences led us to enquire into the fundaments of patient rights in both jurisdictions. We find that both states are facing inequalities of disadvantage regarding access to health care by vulnerable population groups. Both jurisdictions strive towards reducing inequalities in factual distribution of health care services, experiencing the phenomenon of gradual deterioration of public health care. In Finland this deterioration is mostly due to the growth of private actors providing health care services, subsidised partly by the state. In Kazakhstan it is due to the inefficient system of funding medical institutions based on the number of citizens registered within a certain institution. In our opinion, legal solutions against inequalities in access to publicly funded health care regard, firstly, reconsideration of the status of non-citizens in situations of urgent medical interventions. Secondly, they encourage a shift in official legal doctrine towards fuller recognition of individual patient rights, and the introduction of instances dealing with these rights such as, e.g. a patient ombudsman and independent national authority supervising health care services.

      PubDate: 2016-05-16T16:14:43Z
      DOI: 10.1016/j.icj.2015.12.006
      Issue No: Vol. 1, No. 2 (2016)
       
  • The need for legal regulation of global emissions from the aviation
           industry in the context of emerging aerospace vehicles

    • Authors: Paulina E. Sikorska
      Pages: 133 - 142
      Abstract: Publication date: December 2015
      Source:International Comparative Jurisprudence, Volume 1, Issue 2
      Author(s): Paulina E. Sikorska
      Emissions of black carbon from aerospace vehicles pose a challenge to international regulators. This mode of transport is still in its infancy, but is predicted to develop rapidly. Despite the lack of comprehensive scientific research, it has been argued that black carbon is the main contributor to climate change after greenhouse gases. These emissions, which cause transboundary pollution, cannot be effectively reduced by national laws because of differences in emissions standards. The main challenge is how to regulate them – through binding or non-binding laws – and in which form – harmonisation or unification of laws. International air and space regulations are subject to the trends of politicisation and economisation. The lack of a binding international law that regulates greenhouse gas emissions from the aviation industry is primarily caused by a lack of political will and economic calculations of certain states with respect to limits on their national interests. This article proposes soft law as a solution to stagnation in creating binding international regulations for emissions in the aviation and aerospace industry.

      PubDate: 2016-05-16T16:14:43Z
      DOI: 10.1016/j.icj.2015.12.004
      Issue No: Vol. 1, No. 2 (2016)
       
  • Method of civil procedure

    • Authors: Oksana Kiriiak
      Pages: 143 - 151
      Abstract: Publication date: December 2015
      Source:International Comparative Jurisprudence, Volume 1, Issue 2
      Author(s): Oksana Kiriiak
      Investigating the civil procedure regulation as a set of interrelated tools and techniques (imperative, dispositive and determinative) providing legal impact on the behaviour of civil procedure participants, this article is to substantiate that the method of civil procedure is a set of techniques (imperative, dispositive and determinative), methods (permissions, regulations, prohibitions, sanctions) and means (the consequences of failure to comply with civil procedural rules) of regulation implemented in the administration of justice in civil cases. However, determinative method of civil procedure regulations is a kind of methodological system of weights and balances, where the dispositive will of the parties and the imperative discretion of the court dialectically transform themselves in a new quality representing a symbiosis of the ways and techniques of civil procedure regulations. Moreover, summarizing the comparative aspect of the conducted research, it is proved that there are more than enough reasonable grounds to state that despite some discrepancy in the scientific approaches of theoretical legal proceedings, the litigation in practice requires the usage of simultaneous methodological techniques for procedural regulation in different countries.

      PubDate: 2016-05-16T16:14:43Z
      DOI: 10.1016/j.icj.2015.12.002
      Issue No: Vol. 1, No. 2 (2016)
       
  • EU citizenship and the European Court of Justice׳s
           ‘stone-by-stone’ approach

    • Authors: Koen Lenaerts
      Pages: 1 - 10
      Abstract: Publication date: November 2015
      Source:International Comparative Jurisprudence, Volume 1, Issue 1
      Author(s): Koen Lenaerts
      Examining the seminal judgment of the European Court of Justice (the ‘ECJ’) in the Ruiz Zambrano case (C‑34/09, EU:C:2011:124) and its progeny, this paper is to illustrate the fact that in hard cases of constitutional importance the ECJ follows an incremental approach. This means, in essence, that the ECJ does not take ‘long jumps’ when expounding the rationale underpinning the solution given to novel questions of constitutional importance. On the contrary, the persuasiveness of its argumentative discourse is built up progressively, i.e., ‘stone-by-stone’.

      PubDate: 2016-06-15T09:41:21Z
      DOI: 10.1016/j.icj.2015.10.005
      Issue No: Vol. 1, No. 1 (2016)
       
  • Fighting social exclusion under the Europe 2020 strategy: Which legal
           nature for social inclusion recommendations'

    • Authors: Paul Schoukens; Eleni De Becker; Joris Beke Smets
      Pages: 11 - 23
      Abstract: Publication date: November 2015
      Source:International Comparative Jurisprudence, Volume 1, Issue 1
      Author(s): Paul Schoukens, Eleni De Becker, Joris Beke Smets
      In this paper, we take a closer look at the promotion of social inclusion in the framework of the Europe 2020 strategy, in particular the legal consequences of the incorporation of the social inclusion guidelines under the European Semester. Since the employment guidelines under the Europe 2020 strategy are now connected in a structural way to the economic guidelines, we first look at the monitoring procedures that accompany the implementation of these economic guidelines. Furthermore, we test the potential legal consequences of the integrated approach by unravelling (the formulation of) the social inclusion-related Country Specific Recommendations, and look at to what extent they answer to the economic, employment or social inclusion objectives. The first legal consequence relates to the question of whether and to what extent the harder sanctioning tools, which have been developed for controlling the EU’s economic-oriented Country Specific Recommendations, can be similarly applied to the guidelines relating to social inclusion (such as the application of sanctions in cases when the recommendations are not followed by states). In our opinion, there is a spillover effect only in relation to social inclusion recommendations that have sufficient economic or budgetary relevance (‘social inclusion recommendations of the negative kind’, supporting economic or budgetary goals). In other words, social inclusion recommendations that support only social objectives (or only employment objectives) do not enjoy the stronger legal effects of the integrated monitoring approach. From analysing the concrete Country Specific Recommendations, we demonstrate that the incorporation of social inclusion into the employment guidelines has two additional consequences. On the one hand, social inclusion recommendations are nowadays formulated mainly in terms of employment objectives. On the other hand, the link with social inclusion also has implications for recommendations in the field of employment and economy that should not be to the detriment of social inclusion

      PubDate: 2016-05-16T16:14:43Z
      DOI: 10.1016/j.icj.2015.10.003
      Issue No: Vol. 1, No. 1 (2016)
       
  • The importance of reforming civil law in formerly socialist legal systems

    • Authors: Murray Raff
      Pages: 24 - 32
      Abstract: Publication date: November 2015
      Source:International Comparative Jurisprudence, Volume 1, Issue 1
      Author(s): Murray Raff
      The modern civil law emerged from many centuries of development. In the 18th and 19th centuries European civil law based on Roman law foundations carried forward the concept of the individual citizen at the heart of the liberal revolutions. New conceptions of the role of the state and the development of national civil codes re-orientated this conception. The Soviet socialist legal model resonated faith in ‘top-down’ state control while at best tolerating a socialist version of the civil law. Today, internationally the philosophical characteristics and legal rights of the individual citizen are explicated in public law and the role of civil law is to provide the institutions, doctrines and transactions of civil society and commercial law. A distinguishing feature of the civil law is its enforceability horizontally in society directly against those who fail in their responsibilities and does not depend on authority acting ‘top-down’ within the public law realm. There are advantages to society and the state in fostering direct horizontal enforcement. Without pro-active reform socialist and formerly socialist legal systems have restricted capacity to gain these advantages. This is not an argument against the importance of constitutionalism, human rights protection and anti-corruption initiatives – the civil law provides an essential juristic background to public regulation and a direct method of remediating loss occasioned by unlawful action.

      PubDate: 2016-05-16T16:14:43Z
      DOI: 10.1016/j.icj.2015.10.007
      Issue No: Vol. 1, No. 1 (2016)
       
  • The conceptual bases for codifying Estonia׳s IP law and the main
           legislative changes: From the comparative approach to embedding drafted
           law into the socio-economic context

    • Authors: Aleksei Kelli
      Pages: 44 - 54
      Abstract: Publication date: November 2015
      Source:International Comparative Jurisprudence, Volume 1, Issue 1
      Author(s): Aleksei Kelli
      The aim of this article is to explore the conceptual bases and methodological issues involved in the codification process of Estonia׳s intellectual property law and outline the main results. The conceptual bases of this codification consist of evolutionary development, a comparative-law approach, stakeholder involvement and regulatory impact assessment. The reform draws on the existing regulatory framework (existing IP law), developed further by the identification and use of the best regulatory practices of other countries and model laws. Stakeholder involvement and regulatory impact assessment are used to improve the draft law and make it compatible with Estonian socio-economic conditions. This article summarises the results of the extensive work from 2012 to 2014 that resulted in the draft Copyright and Related Rights Act, the draft Industrial Property Code and the draft Act Implementing the Copyright and Related Rights Act and the Industrial Property Code with the relevant annexes. The analysis focuses on the Estonian codification project as a case study. The author relies on traditional research methods from social science and draws on comparative and dogmatic analysis conducted during the codification, using empirical socio-economic data acquired through stakeholder involvement and impact assessment. The article also reflects the author׳s personal experience, insights and intimate knowledge of the codification process gained through management and coordination of the project and in acting as a head of the expert group on the codification of IP law under the auspices of the Ministry of Justice of Estonia. The Estonian example could serve as a comparative model for countries aiming to modernise their IP laws within the EU acquis and international legal framework.

      PubDate: 2016-06-15T09:41:21Z
      DOI: 10.1016/j.icj.2015.10.004
      Issue No: Vol. 1, No. 1 (2016)
       
  • Available Defences in Provisional measures: Between the Enforcement
           Directive and National law

    • Authors: Vadim Mantrov
      Pages: 55 - 65
      Abstract: Publication date: November 2015
      Source:International Comparative Jurisprudence, Volume 1, Issue 1
      Author(s): Vadim Mantrov
      The EU Enforcement Directive provides a set of provisional measures to be applied upon request from a right-holder of a particular object of intellectual property. Simultaneously, the EU Enforcement Directive envisages a set of defences for an alleged infringer (defendant) in order to safeguard the balance of the parties. This article discusses available defences for an alleged infringer in the provisional measures as provided by the EU Member States when the norms of the EU Enforcement Directive are transposed. Specifically, the present article not only focuses on the threshold of evidence to be presented by a plaintiff for the application of provisional measures, but also in regard to a set of available motions that could be lodged by an alleged infringer. This article argues that though the EU Enforcement Directive should provide harmonisation of national law in relation to provisional measures (in addition to other civil remedies under that Directive), the currently existing disparities among EU Member States demonstrate that such an aim is far from being achieved. Therefore, application of provisional measures throughout EU depends on the national law and, in the result, its practical outcome varies from one EU Member State to another.

      PubDate: 2016-05-16T16:14:43Z
      DOI: 10.1016/j.icj.2015.10.001
      Issue No: Vol. 1, No. 1 (2016)
       
  • The relevance of remedial secession in the post-Soviet “frozen
           conflicts”

    • Authors: Lina Laurinavičiūtė; Laurynas Biekša
      Pages: 66 - 75
      Abstract: Publication date: November 2015
      Source:International Comparative Jurisprudence, Volume 1, Issue 1
      Author(s): Lina Laurinavičiūtė, Laurynas Biekša
      The article introduces a set of remedial conditions that might justify unilateral secession under international public law and examines whether remedial secession might be applied in the post-Soviet “frozen conflicts”: South Ossetia, Abkhazia, Nagorno-Karabakh, Transdniestria and Crimea. The article concludes that the remedial right to secession has no relevance in the “frozen conflicts” in post-Soviet region and neither of the entities cannot justify their independence on remedial secession. However, all the cases confirm the existence of the right and its conditions. Moreover, the situations of the “frozen conflicts” in the post-Soviet region add clarity to the procedural criterion for the exercise of the negotiations. Negotiations in good faith are possible merely if the conflicting parties are not influenced by the third states, which violate international law. The cases of South Ossetia, Abkhazia, Nagorno-Karabakh, Transdniestria and Crimea reveal that the right to remedial secession simply is not relevant in the cases which are related to the unlawful use of force or other egregious violations of the norms of international law. Remedial secession cannot be exercised in the cases, created in serious breach of international law norms.

      PubDate: 2016-05-16T16:14:43Z
      DOI: 10.1016/j.icj.2015.10.008
      Issue No: Vol. 1, No. 1 (2016)
       
  • Online dispute resolution: The future of justice

    • Authors: Karolina Mania
      Pages: 76 - 86
      Abstract: Publication date: November 2015
      Source:International Comparative Jurisprudence, Volume 1, Issue 1
      Author(s): Karolina Mania
      The purpose of this study is to present the main facets of online dispute resolution, including a definition of the term, the types of resolution available, and the most recent legal regulations in this area. The article is an in-depth study of this field, discussing online mediation and electronic arbitration, their uses and their relationships with e-commerce. The strengths and weaknesses of online dispute resolution are identified and used to help formulate de lege ferenda stipulations. The paper is divided into three parts. Part I looks at preliminary aspects of online dispute resolution (ODR), including a definition of the term and an examination of its phases of development, implementation examples and the relationship between ODR and technology. Part II is devoted to examining the two most frequent forms of ODR: online mediation and electronic arbitration. Part III is an analysis of consumer disputes arising from commercial transactions made using electronic communications. As an example of the implementation of ODR, the author emphasises the importance of new European regulations on that and alternative dispute resolution (ADR): Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Directive on consumer ADR), and Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR).

      PubDate: 2016-06-15T09:41:21Z
      DOI: 10.1016/j.icj.2015.10.006
      Issue No: Vol. 1, No. 1 (2016)
       
  • Vasiliauskas vs. Lithuania: Battle lost in the war to come?

    • Authors: Justinas
      Abstract: Publication date: Available online 18 December 2016
      Source:International Comparative Jurisprudence
      Author(s): Justinas Žilinskas
      The present article comments on case Vasiliauskas vs. Lithuania in which European Court of Human Rights has found Lithuania in breach of European Convention on Human Rights, Article 7. In this case Lithuania retroactively applied broadened definition of genocide embedded in the national law. Such definition was created with the aim to prosecute persons that carried out soviet repressions in Soviet Union occupied Lithuania after World War Two. However, the ECHR judgement was adopted only by minimal margin, and the dissenting opinions were numerous with criticism upon majority that it chose too formal way and failed to address the justice that soviet repression victims are still craving. Nevertheless, the majority decision could not be easily dismissed neither by Lithuania, nor by any other country that is facing the same historical trend therefore it is necessary to consider what steps Lithuania shall take and how to make it in line with Vasiliauskas decision.

      PubDate: 2016-12-26T04:33:10Z
       
  • The role of class actions in ensuring effective enforcement of competition
           law infringements in the European Union

    • Authors: Mantas Pakamanis
      Abstract: Publication date: Available online 29 November 2016
      Source:International Comparative Jurisprudence
      Author(s): Mantas Pakamanis
      This article analyses the European Union competition law enforcement system and its developments. Data shows that the current European Union competition law enforcement system is ineffective. The systematic analysis by the author of the United States competition law enforcement system shows that an opt-out class action mechanism for competition law enforcement established in the United States enables effective enforcement of competition law. Whereas, there is no uniform collective redress system across the European Union. The national regimes of European Union Member States regarding collective redress are diverse. These considerations implies the need for a uniform collective redress system across the European Union.

      PubDate: 2016-12-02T11:20:24Z
      DOI: 10.1016/j.icj.2016.11.001
       
  • Competition law and the social market economy goal of the EU

    • Abstract: Publication date: November 2015
      Source:International Comparative Jurisprudence, Volume 1, Issue 1
      Author(s): Václav Šmejkal
      The present study asks whether the enforcement of competition protection, according to Art. 101, 102 and 106 TFEU, causes conflict with measures belonging to the EU׳s social market economy model. Integration of the social market economy objective into the EU׳s goals was newly stated in Article 3 (3) TFEU and it is therefore of interest to find whether it has have so far any impact on the traditional EU׳s competition law approach towards clashes between social protection measures and free competition imperatives. The study reviews first the new wording of social provisions of the EU Treaties, then it analysis the relationship between the social market economy model and the market competition in general. A more detailed attention is then dedicated to the pre-Lisbon approach of the EU Court of Justice towards agreements between social partners and to the privileged rights of organisations providing social security services. In its final part, the study examines whether this earlier established approach corresponds to the current post-Lisbon case law of the Court. The conclusion is that even though the goal of a social market economy has been so far never mentioned by the Court and its pre-Lisbon case law precedents have not been overruled, the current standard of application of EU competition rules is largely responsive towards social schemes established at the national level.

      PubDate: 2016-05-16T16:14:43Z
       
 
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