The characteristics of the twentieth century cartel movement deemed it contradictory to free trade, because the measures that limited fair trade were the direct results of free trade itself, and thus the only way to oppose it and protect the consumers’ interests was to guarantee free competition, i.e. the fundamental enforcement of public well-being, public economy and public morals. In this study, I wish to describe the regulations that address the stipulations of arbitration courts by analysing archival sources. Specifically, this paper will examine the role arbitration courts played during dispute settlements between concerned parties before the first Cartel Act of Hungary came into effect in 1931. Keywords: Cartel; Arbitration process; Juries and arbitral tribunals; Hungary
{"title":"Provisions on Arbitration Proceedings Set Down in Cartel Agreements Based on the First Hungarian Cartel Act","authors":"Norbert Varga","doi":"10.30958/ajl.7-1-3","DOIUrl":"https://doi.org/10.30958/ajl.7-1-3","url":null,"abstract":"The characteristics of the twentieth century cartel movement deemed it contradictory to free trade, because the measures that limited fair trade were the direct results of free trade itself, and thus the only way to oppose it and protect the consumers’ interests was to guarantee free competition, i.e. the fundamental enforcement of public well-being, public economy and public morals. In this study, I wish to describe the regulations that address the stipulations of arbitration courts by analysing archival sources. Specifically, this paper will examine the role arbitration courts played during dispute settlements between concerned parties before the first Cartel Act of Hungary came into effect in 1931. Keywords: Cartel; Arbitration process; Juries and arbitral tribunals; Hungary","PeriodicalId":184533,"journal":{"name":"ATHENS JOURNAL OF LAW","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129443801","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Crime, criminals and criminality have always been serious concern for society, state and individuals. Individuals formed society to have protection for his life, property and liberty. Society to bear such liabilities created state which ultimately developed criminal justice system. Hereby, criminal justice system is developed for providing protection to life, liberty and property of individual but in developmental process individual for whose protection criminal justice system was developed, became neglected. Traditionally criminal justice system attempts to protect accused and his interests. Recently demands are made for justice to individual victim who is actual sufferer of crime commission. Recently some measures are created for providing justice to individual victim. Such measures are in process of development, and thereby, for effective justice measure development to provide justice to victim there is a need to make continuous review. Plea bargaining is one such measure recently included in Indian criminal justice system to provide justice to victim. This paper analyses plea bargaining in reference to providing of justice to victim in India. Keywords: Compensation; Criminal justice; Habitual criminal; Plea bargaining; Restorative justice; Sentence; Victim.
{"title":"Plea Bargaining and Criminal Justice in India","authors":"P. Singh","doi":"10.30958/ajl.7-1-2","DOIUrl":"https://doi.org/10.30958/ajl.7-1-2","url":null,"abstract":"Crime, criminals and criminality have always been serious concern for society, state and individuals. Individuals formed society to have protection for his life, property and liberty. Society to bear such liabilities created state which ultimately developed criminal justice system. Hereby, criminal justice system is developed for providing protection to life, liberty and property of individual but in developmental process individual for whose protection criminal justice system was developed, became neglected. Traditionally criminal justice system attempts to protect accused and his interests. Recently demands are made for justice to individual victim who is actual sufferer of crime commission. Recently some measures are created for providing justice to individual victim. Such measures are in process of development, and thereby, for effective justice measure development to provide justice to victim there is a need to make continuous review. Plea bargaining is one such measure recently included in Indian criminal justice system to provide justice to victim. This paper analyses plea bargaining in reference to providing of justice to victim in India. Keywords: Compensation; Criminal justice; Habitual criminal; Plea bargaining; Restorative justice; Sentence; Victim.","PeriodicalId":184533,"journal":{"name":"ATHENS JOURNAL OF LAW","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126104803","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Bail in Socio-Economic Crimes and Criminal Justice in India","authors":"Pradeep Kumar Singh","doi":"10.30958/ajl.6-3-1","DOIUrl":"https://doi.org/10.30958/ajl.6-3-1","url":null,"abstract":"","PeriodicalId":184533,"journal":{"name":"ATHENS JOURNAL OF LAW","volume":"95 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132069596","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Crimes committed by professionals, business men, public servants and organised criminal gangs after well planning by use of modern gadgets in course of performance of their official, professional, business activities in which they have expertise create serious challenge for finance, health and life of members of society and society. In criminal acts committed by professionals, businessmen and public servants, it is very difficult to identify whether sober and civilised activity was committed or criminal act was committed. Economic offenders are only concerned with their personal gain even at the cost of irreparable and serious loss to society which provided socialization and made him a human being, provided status and position, provided respect and reputation, provided stature and means. Money has become marker of power, position, status and reputation and for achieving money persons have no problem even to cause loses to the whole society. In this kind of crime generally evidences are readily not available, and further, fear of abscondance, obstruction in investigation, tampering with evidences appear more probable because of status, position and means of the accused. In such situation need of criminal justice and betterment of society requires special measures to deal with serious problem of socio-economic offences. One such measure is to keep the accused in custody for longer period and for it bail should not be granted in the same manner as granted in case of traditional offences. This paper will deal with and analyse issue relating to grant of bail in case of socio-economic offences.
{"title":"Bail in Socio-Economic Crimes and Criminal Justice in India","authors":"P. Singh","doi":"10.30958/AJL.6-2-1","DOIUrl":"https://doi.org/10.30958/AJL.6-2-1","url":null,"abstract":"Crimes committed by professionals, business men, public servants and organised criminal gangs after well planning by use of modern gadgets in course of performance of their official, professional, business activities in which they have expertise create serious challenge for finance, health and life of members of society and society. In criminal acts committed by professionals, businessmen and public servants, it is very difficult to identify whether sober and civilised activity was committed or criminal act was committed. Economic offenders are only concerned with their personal gain even at the cost of irreparable and serious loss to society which provided socialization and made him a human being, provided status and position, provided respect and reputation, provided stature and means. Money has become marker of power, position, status and reputation and for achieving money persons have no problem even to cause loses to the whole society. In this kind of crime generally evidences are readily not available, and further, fear of abscondance, obstruction in investigation, tampering with evidences appear more probable because of status, position and means of the accused. In such situation need of criminal justice and betterment of society requires special measures to deal with serious problem of socio-economic offences. One such measure is to keep the accused in custody for longer period and for it bail should not be granted in the same manner as granted in case of traditional offences. This paper will deal with and analyse issue relating to grant of bail in case of socio-economic offences.","PeriodicalId":184533,"journal":{"name":"ATHENS JOURNAL OF LAW","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123759849","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"“Fake News” Legislation in Thailand: The Good, the Bad and the Ugly","authors":"Robert Smith, Mark Perry","doi":"10.30958/AJL.6-3-3","DOIUrl":"https://doi.org/10.30958/AJL.6-3-3","url":null,"abstract":"","PeriodicalId":184533,"journal":{"name":"ATHENS JOURNAL OF LAW","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134236936","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"A Right to Access to Medical Records in the Case Law of the Portuguese Courts: Possible Guidelines for future European Court of Human Rights Case Law","authors":"Anatoliy A. Lytvynenko","doi":"10.30958/ajl.6-3-4","DOIUrl":"https://doi.org/10.30958/ajl.6-3-4","url":null,"abstract":"","PeriodicalId":184533,"journal":{"name":"ATHENS JOURNAL OF LAW","volume":"94 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122722606","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Current Trends in the Right of Assembly under the European Convention on Human Rights","authors":"P. Černý","doi":"10.30958/AJL.6-2-2","DOIUrl":"https://doi.org/10.30958/AJL.6-2-2","url":null,"abstract":"","PeriodicalId":184533,"journal":{"name":"ATHENS JOURNAL OF LAW","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126775171","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Why do we assign ethical intentions or mechanisms to certain businesses, which by design do not possess intentionality in the same way as actual businesspeople do? Are these merely opportunistic shortcuts from the judges or the law, in search of sizeable assets to implement reparation or levy a fine? On the contrary, the article will attempt to describe how the unethical aspect of some decisions could not be satisfactorily explained in terms of the intentions of individuals, but rather as being the products of the value system, or corporate culture, proper to the legal entity itself notably because the sense of individual responsibility is diluted and scruples assuaged. Therefore, not only can businesses in themselves can be assessed in terms of ethics, but the reality of a literally faceless business is congruent to institutionalised wrongdoing.
{"title":"The Facelessness of Evil: Towards a Rationale for Corporate Criminal Liability","authors":"Clément Labi, Willy Tadjudje","doi":"10.30958/ajl.6-3-5","DOIUrl":"https://doi.org/10.30958/ajl.6-3-5","url":null,"abstract":"Why do we assign ethical intentions or mechanisms to certain businesses, which by design do not possess intentionality in the same way as actual businesspeople do? Are these merely opportunistic shortcuts from the judges or the law, in search of sizeable assets to implement reparation or levy a fine? On the contrary, the article will attempt to describe how the unethical aspect of some decisions could not be satisfactorily explained in terms of the intentions of individuals, but rather as being the products of the value system, or corporate culture, proper to the legal entity itself notably because the sense of individual responsibility is diluted and scruples assuaged. Therefore, not only can businesses in themselves can be assessed in terms of ethics, but the reality of a literally faceless business is congruent to institutionalised wrongdoing.","PeriodicalId":184533,"journal":{"name":"ATHENS JOURNAL OF LAW","volume":"602 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133532049","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"All that Glitters is Not Always Gold or Silver: Typical Bilateral Investments Treaties (BITs) Clauses as Peril to Third World Economic Sovereignty","authors":"George Forji Amin","doi":"10.30958/ajl.6-2-6","DOIUrl":"https://doi.org/10.30958/ajl.6-2-6","url":null,"abstract":"","PeriodicalId":184533,"journal":{"name":"ATHENS JOURNAL OF LAW","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117048923","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article is intended to highlight, on the one hand, the role played by forensic science (forensics) among criminal sciences in Romania, and, on the other hand, to present the specifics of forensic science in order to delineate it from other related sciences. Through an interdisciplinary approach, taking into account the fact that forensic technique, forensic tactics and, last but not least, forensic methodology serve the finding of truth in a criminal case, as well as the prevention and/or combating of deeds provided by criminal law, we will emphasise its autonomous nature in relation to other sciences, although the aims of sciences in the field of criminal sciences are common. The delineation of forensic activities from activities specific to other disciplines is essential for the substantiation of criminal policies, for drafting amendments of criminal legislation, putting forward proposals for best interinstitutional/intrainstitutional practices, especially when investigation is carried out by joint teams, and sometimes for transnational crimes.
{"title":"The Contribution of Forensic Science to Establishing the Truth in Criminal Proceedings","authors":"Elena-Ana Iancu","doi":"10.30958/ajl.5-4-6","DOIUrl":"https://doi.org/10.30958/ajl.5-4-6","url":null,"abstract":"This article is intended to highlight, on the one hand, the role played by forensic science (forensics) among criminal sciences in Romania, and, on the other hand, to present the specifics of forensic science in order to delineate it from other related sciences. Through an interdisciplinary approach, taking into account the fact that forensic technique, forensic tactics and, last but not least, forensic methodology serve the finding of truth in a criminal case, as well as the prevention and/or combating of deeds provided by criminal law, we will emphasise its autonomous nature in relation to other sciences, although the aims of sciences in the field of criminal sciences are common. The delineation of forensic activities from activities specific to other disciplines is essential for the substantiation of criminal policies, for drafting amendments of criminal legislation, putting forward proposals for best interinstitutional/intrainstitutional practices, especially when investigation is carried out by joint teams, and sometimes for transnational crimes.","PeriodicalId":184533,"journal":{"name":"ATHENS JOURNAL OF LAW","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125947863","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：