首页 > 最新文献

The Journal of the National Institute of Justice最新文献

英文 中文
Legal construction of the superficies until the modernization of the civil code of the Republic of Moldova and the background which lead to the amendment of the civil code 摩尔多瓦共和国民法典现代化前的地上市法律建构及导致民法典修订的背景
Pub Date : 2021-10-01 DOI: 10.52277/1857-2405.2021.3(58).02
Constanta Obada
The purpose of this paper is to highlight the issues related to the clarification of the essence and legal construction of the surface right/ superficies, as initially regulated by the Moldovan legislator (until 01.03.2019), due to the fact that in the local literature there were different opinions with reference to this subject, which, consequently, led to the equivocal interpretation of the norms of law in the same matter, and this interpretation, respectively, offered different solutions of practical application of the norms regarding the institution of superficies. Thus, in this paper was analyzed the evolution of the right of superficies over time and highlighted the premises that led to the change of several rules governing the institution of superficies, but also the concept of real estate, in general.
本文的目的是强调与澄清表面权利/表面权利的本质和法律结构相关的问题,最初由摩尔多瓦立法者(直到2019年1月3日)进行监管,因为在当地文献中,关于这一主题存在不同的意见,因此导致了对同一事项的法律规范的模棱两可的解释,而这种解释,分别是:对地表权制度规范的实际应用提出了不同的解决方案。因此,本文分析了地上权随时间的演变,并强调了导致地上权制度的若干规则发生变化的前提,以及房地产概念的变化。
{"title":"Legal construction of the superficies until the modernization of the civil code of the Republic of Moldova and the background which lead to the amendment of the civil code","authors":"Constanta Obada","doi":"10.52277/1857-2405.2021.3(58).02","DOIUrl":"https://doi.org/10.52277/1857-2405.2021.3(58).02","url":null,"abstract":"The purpose of this paper is to highlight the issues related to the clarification of the essence and legal construction of the surface right/ superficies, as initially regulated by the Moldovan legislator (until 01.03.2019), due to the fact that in the local literature there were different opinions with reference to this subject, which, consequently, led to the equivocal interpretation of the norms of law in the same matter, and this interpretation, respectively, offered different solutions of practical application of the norms regarding the institution of superficies. Thus, in this paper was analyzed the evolution of the right of superficies over time and highlighted the premises that led to the change of several rules governing the institution of superficies, but also the concept of real estate, in general.","PeriodicalId":254422,"journal":{"name":"The Journal of the National Institute of Justice","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122912035","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}
引用次数: 0
Direct effect of the constitution and its impact on case-law in the Republic of Armenia 宪法的直接效力及其对亚美尼亚共和国判例法的影响
Pub Date : 2021-10-01 DOI: 10.52277/1857-2405.2021.3(58).09
A. Manasyan
The article considers the issues with regard to the direct effect of the Constitution. The topic is presented by analyzing the techniques for proper implementation of the Constitution and ensuring the constitutionality of the law enforcement/judicial practice. Author differentiates the content of the concepts „direct effect” and “direct implementation” of the Constitution, presenting the essence of each of the notions. Techniques for proper implementation of constitutional norms are suggested by the author, analyzing also the implementation priority rules. According to the author implementing legislative provisions in conformity with their constitutionallegal content is another precondition for ensuring the proper application of the Constitution. The law enforcement/judicial practice can become a subject of consideration by the Constitutional Court of the Republic of Armenia if itis not an issue of legitimacy of the mentioned practice, but an issue of constitutionality of the latter, an issue of evaluation of the circumstance whether the legal acts are implemented in conformity with their constitutional-legal content in the frames of the mentioned practice is raised.
这篇文章考虑了有关宪法直接效力的问题。本课题通过分析正确实施宪法和确保执法/司法实践合宪性的技巧来提出。本文对宪法的“直接生效”和“直接实施”这两个概念的内涵进行了辨析,揭示了这两个概念的本质。对宪法规范的实施优先原则进行了分析,并提出了适当实施宪法规范的技巧。根据宪法法律内容实施立法规定是保证宪法正确适用的另一个先决条件。执法/司法实践可以成为亚美尼亚共和国宪法法院审议的主题,如果它不是上述实践的合法性问题,而是后者的合宪性问题,即在上述实践的框架内对法律行为的执行是否符合其宪法法律内容的情况进行评估的问题。
{"title":"Direct effect of the constitution and its impact on case-law in the Republic of Armenia","authors":"A. Manasyan","doi":"10.52277/1857-2405.2021.3(58).09","DOIUrl":"https://doi.org/10.52277/1857-2405.2021.3(58).09","url":null,"abstract":"The article considers the issues with regard to the direct effect of the Constitution. The topic is presented by analyzing the techniques for proper implementation of the Constitution and ensuring the constitutionality of the law enforcement/judicial practice. Author differentiates the content of the concepts „direct effect” and “direct implementation” of the Constitution, presenting the essence of each of the notions. Techniques for proper implementation of constitutional norms are suggested by the author, analyzing also the implementation priority rules. According to the author implementing legislative provisions in conformity with their constitutionallegal content is another precondition for ensuring the proper application of the Constitution. The law enforcement/judicial practice can become a subject of consideration by the Constitutional Court of the Republic of Armenia if itis not an issue of legitimacy of the mentioned practice, but an issue of constitutionality of the latter, an issue of evaluation of the circumstance whether the legal acts are implemented in conformity with their constitutional-legal content in the frames of the mentioned practice is raised.","PeriodicalId":254422,"journal":{"name":"The Journal of the National Institute of Justice","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133453009","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}
引用次数: 0
A historical and judicial approach on the transformation of the European Communities, the predecessors of the European Union, into an institutional model across the region 欧洲共同体(欧盟的前身)转变为整个地区的制度模式的历史和司法方法
Pub Date : 2021-10-01 DOI: 10.52277/1857-2405.2021.3(58).03
Mihail Poalelungi, Mihail Poalelungi
The process of European integration has never followed a clear path and the current EU predecessors had never been by far the only efforts of the regional integration in Europe. Created in the 1950s, the European Communities as today’s EU predecessors, have overdue emerged in a very broad area populated by international organizations and various cooperation institutions. This organization, only by matching economic and political challenges, succeeded in becoming the most important cooperation forum between European states. Although in the early 1950s the Western European states could often choose between various forms of regional cooperation, today the EU is frequently seen as the only available at the European level option and the only model of institutional governance.
欧洲一体化的进程从来就没有一条明确的道路,目前的欧盟前身也从来就不是欧洲区域一体化的唯一努力。欧洲共同体作为今天欧盟的前身,创建于20世纪50年代,在一个由国际组织和各种合作机构组成的非常广泛的领域中姗姗来迟。该组织正是通过经济和政治挑战的匹配,才成功地成为欧洲国家之间最重要的合作论坛。尽管在20世纪50年代初,西欧国家经常可以在各种形式的区域合作中做出选择,但今天,欧盟经常被视为欧洲层面上唯一可行的选择,也是唯一的机构治理模式。
{"title":"A historical and judicial approach on the transformation of the European Communities, the predecessors of the European Union, into an institutional model across the region","authors":"Mihail Poalelungi, Mihail Poalelungi","doi":"10.52277/1857-2405.2021.3(58).03","DOIUrl":"https://doi.org/10.52277/1857-2405.2021.3(58).03","url":null,"abstract":"The process of European integration has never followed a clear path and the current EU predecessors had never been by far the only efforts of the regional integration in Europe. Created in the 1950s, the European Communities as today’s EU predecessors, have overdue emerged in a very broad area populated by international organizations and various cooperation institutions. This organization, only by matching economic and political challenges, succeeded in becoming the most important cooperation forum between European states. Although in the early 1950s the Western European states could often choose between various forms of regional cooperation, today the EU is frequently seen as the only available at the European level option and the only model of institutional governance.","PeriodicalId":254422,"journal":{"name":"The Journal of the National Institute of Justice","volume":"65 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122281027","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}
引用次数: 0
Official document: material/immaterial object or product of offenses of forged public acts. PART I. 官方文件:犯罪或伪造公共行为的实物/非实物或产物。我一部分。
Pub Date : 2021-10-01 DOI: 10.52277/1857-2405.2021.3(58).07
Cristina Pirtac
In this scientific approaches is defined the “document”, in general, and the „official document”, in particular, as an entity that appears in the position of material/immaterial object or product of the offenses of forged public acts. It is shown that the notion „document” has the following features (characteristics and to official document): a) implies the presence of a support; b) consists of information; c) possesses attributes based on which it is identified. Correspondingly, the official document (species of the document) consists of: a) information (with the particularity that it is of an official nature) and b) informational support (materialized or electronic). The criminal law of the Republic of Moldova does not include a definition of the notion „official document”. Nor in other national normative acts the notion in question is not explained. The meaning of the notion „official document” transpire from the text of some legal provisions with a non-legal-criminal character. Also, the content of this term is reproduced in the text of some international legal instruments, among which: the Convention of the Council of Europe on access to official documents, signed in Tromsø on 18.06.2009, in force for the Republic of Moldova from December 2020.
在这一科学方法中,一般将“文件”,特别是“官方文件”定义为以物质/非物质对象或伪造公共行为犯罪产物的地位出现的实体。本文表明,“文件”这一概念具有以下特征(特征和正式文件):a)意味着存在一种支持;B)包含信息;C)具有被识别的属性。相应地,官方文件(文件的种类)包括:a)信息(具有官方性质的特殊性)和b)信息支持(物化或电子)。摩尔多瓦共和国的刑法没有包括“正式文件”概念的定义。在其他国家规范性行为中,也没有对所讨论的概念进行解释。“正式文件”概念的含义来自一些具有非法律-刑事性质的法律规定的案文。此外,这一术语的内容在一些国际法律文书的案文中得到了转载,其中包括:2009年6月18日在特罗姆瑟签署的《欧洲委员会关于获取官方文件的公约》,自2020年12月起对摩尔多瓦共和国生效。
{"title":"Official document: material/immaterial object or product of offenses of forged public acts. PART I.","authors":"Cristina Pirtac","doi":"10.52277/1857-2405.2021.3(58).07","DOIUrl":"https://doi.org/10.52277/1857-2405.2021.3(58).07","url":null,"abstract":"In this scientific approaches is defined the “document”, in general, and the „official document”, in particular, as an entity that appears in the position of material/immaterial object or product of the offenses of forged public acts. It is shown that the notion „document” has the following features (characteristics and to official document): a) implies the presence of a support; b) consists of information; c) possesses attributes based on which it is identified. Correspondingly, the official document (species of the document) consists of: a) information (with the particularity that it is of an official nature) and b) informational support (materialized or electronic). The criminal law of the Republic of Moldova does not include a definition of the notion „official document”. Nor in other national normative acts the notion in question is not explained. The meaning of the notion „official document” transpire from the text of some legal provisions with a non-legal-criminal character. Also, the content of this term is reproduced in the text of some international legal instruments, among which: the Convention of the Council of Europe on access to official documents, signed in Tromsø on 18.06.2009, in force for the Republic of Moldova from December 2020.","PeriodicalId":254422,"journal":{"name":"The Journal of the National Institute of Justice","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125529537","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}
引用次数: 0
The difference between the power of res judicata and the authority of res judicata 既判力与既判力的区别
Pub Date : 2021-10-01 DOI: 10.52277/1857-2405.2021.3(58).01
Ion Caraman
The court’s decision is a final product of the judicial activity, aimed to ensure the protection of the persons contested rights, freedoms or legitimate interests. However, in order to establish an effective protection, it is important that the court decision is final has the authority of res judicata. In specialized literature, configured two concepts regarding res judicata. In this article, are highlighted the criteria that delimit this two concepts and the practical and theoretical necessity of such delimitation.
法院的裁决是司法活动的最终产物,其目的是确保保护被争议者的权利、自由或合法利益。然而,为了建立有效的保护,重要的是法院的最终判决具有既判力的权威。在专业文献中,配置了关于既判力的两个概念。在本文中,强调了划分这两个概念的标准以及这种划分的实践和理论必要性。
{"title":"The difference between the power of res judicata and the authority of res judicata","authors":"Ion Caraman","doi":"10.52277/1857-2405.2021.3(58).01","DOIUrl":"https://doi.org/10.52277/1857-2405.2021.3(58).01","url":null,"abstract":"The court’s decision is a final product of the judicial activity, aimed to ensure the protection of the persons contested rights, freedoms or legitimate interests. However, in order to establish an effective protection, it is important that the court decision is final has the authority of res judicata. In specialized literature, configured two concepts regarding res judicata. In this article, are highlighted the criteria that delimit this two concepts and the practical and theoretical necessity of such delimitation.","PeriodicalId":254422,"journal":{"name":"The Journal of the National Institute of Justice","volume":"77 4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134050627","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}
引用次数: 0
Application of universal jurisdiction for war crimes in national legislations of states: comparative analysis 战争罪普遍管辖权在各国国内立法中的适用:比较分析
Pub Date : 2021-10-01 DOI: 10.52277/1857-2405.2021.3(58).04
Alovsat Vilayet Allahverdiyev
The present article is dedicated to the meaning, nature and scope of the universal jurisdiction over war crimes as well as the use of universal jurisdiction in the practice of various states. The universal jurisdiction on war crimes can be considered as one of the cornerstones of the current international law areas, particularly international criminal law and international humanitarian law. In this regard, not only international courts, but also national judiciary applies the concept of universal jurisdiction while overviewing the criminal cases of world-wide importance. The article deals with war crimes and the application of universal jurisdiction, which pose a serious threat to international peace and security. First of all, the essence of universal jurisdiction, the disagreement over its application and, consequently, its importance are touched upon. It has become the responsibility of states to prosecute or to extradite those convicted of war crimes, crimes against humanity, aggression and genocide, regardless of their nationality or home country. Of course, the goal here is to ensure that those convicted of international crimes that are dangerous to humanity go unpunished with no exception. There are many case examples from the national jurisdiction of different states and the article refers to specific court judgements in this regard. Finally, the author considers recommendations regarding the establishment of national legislation what allows more efficient application of universal jurisdiction in connection with war crimes.
本文专门讨论战争罪普遍管辖权的含义、性质和范围,以及各国在实践中对普遍管辖权的运用。对战争罪的普遍管辖权可以被认为是当前国际法领域,特别是国际刑法和国际人道主义法的基石之一。在这方面,不仅国际法院,而且国家司法机构在审查具有世界范围重要性的刑事案件时也适用普遍管辖权的概念。该条涉及对国际和平与安全构成严重威胁的战争罪行和普遍管辖权的适用。首先,讨论了普遍管辖权的本质、对其适用的分歧以及因此而对其重要性的讨论。起诉或引渡犯有战争罪、危害人类罪、侵略罪和种族灭绝罪的人已成为各国的责任,不论其国籍或原籍国。当然,这里的目标是确保那些被判犯有危害人类的国际罪行的人毫无例外地不受惩罚。在不同国家的国家管辖权中有许多案例,本文引用了这方面的具体法院判决。最后,作者审议了关于建立国家立法的建议,以便更有效地适用与战争罪有关的普遍管辖权。
{"title":"Application of universal jurisdiction for war crimes in national legislations of states: comparative analysis","authors":"Alovsat Vilayet Allahverdiyev","doi":"10.52277/1857-2405.2021.3(58).04","DOIUrl":"https://doi.org/10.52277/1857-2405.2021.3(58).04","url":null,"abstract":"The present article is dedicated to the meaning, nature and scope of the universal jurisdiction over war crimes as well as the use of universal jurisdiction in the practice of various states. The universal jurisdiction on war crimes can be considered as one of the cornerstones of the current international law areas, particularly international criminal law and international humanitarian law. In this regard, not only international courts, but also national judiciary applies the concept of universal jurisdiction while overviewing the criminal cases of world-wide importance. The article deals with war crimes and the application of universal jurisdiction, which pose a serious threat to international peace and security. First of all, the essence of universal jurisdiction, the disagreement over its application and, consequently, its importance are touched upon. It has become the responsibility of states to prosecute or to extradite those convicted of war crimes, crimes against humanity, aggression and genocide, regardless of their nationality or home country. Of course, the goal here is to ensure that those convicted of international crimes that are dangerous to humanity go unpunished with no exception. There are many case examples from the national jurisdiction of different states and the article refers to specific court judgements in this regard. Finally, the author considers recommendations regarding the establishment of national legislation what allows more efficient application of universal jurisdiction in connection with war crimes.","PeriodicalId":254422,"journal":{"name":"The Journal of the National Institute of Justice","volume":"82 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131877844","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}
引用次数: 0
The concept and features to the coded act (code) 编码行为(代码)的概念和特征
Pub Date : 2021-07-01 DOI: 10.52277/1857-2405.2021.2(57).08
Elena Tentiuc
This paper contains a classification of the main features of the codified act, which differentiates it from uncoded normative legal acts. One of the key features discussed in the article relates to the dominant position of the code in relation to other normative acts, of the same level, so that the author comes up with a de lege ferenda proposal to enshrine this position. Systematizing the various doctrinal opinions, the author finally comes up with his own doctrinal enumeration of the features that represent, in her opinion, the most relevant characteristics of the codified act.
本文对法典化行为的主要特征进行了分类,以区别于非法典化的规范性法律行为。本文讨论的一个关键特征涉及到法典相对于同级别的其他规范性行为的主导地位,因此作者提出了一个法律上的建议,以确立这一地位。在对各种理论观点进行梳理后,作者最后提出了自己的理论列举,在她看来,这些特征代表了法典化行为最相关的特征。
{"title":"The concept and features to the coded act (code)","authors":"Elena Tentiuc","doi":"10.52277/1857-2405.2021.2(57).08","DOIUrl":"https://doi.org/10.52277/1857-2405.2021.2(57).08","url":null,"abstract":"This paper contains a classification of the main features of the codified act, which differentiates it from uncoded normative legal acts. One of the key features discussed in the article relates to the dominant position of the code in relation to other normative acts, of the same level, so that the author comes up with a de lege ferenda proposal to enshrine this position. Systematizing the various doctrinal opinions, the author finally comes up with his own doctrinal enumeration of the features that represent, in her opinion, the most relevant characteristics of the codified act.","PeriodicalId":254422,"journal":{"name":"The Journal of the National Institute of Justice","volume":"56 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116441992","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}
引用次数: 0
Recent evolution of jurisdiction in criminal review 刑事审查管辖权的新演变
Pub Date : 2021-07-01 DOI: 10.52277/1857-2405.2021.2(57).07
Tudor Osoianu, Ion Chirtoaca
A final and irrevocable court decision enjoys the authority of the res judicata. Thus, a settled dispute can no longer, in principle, be the subject of a new trial, with the same object, the same cause and between the same parties. However, judicial errors crept into final court decisions as a result of several omissions may lead to the resumption of the trial in order to find out the truth. Such a mechanism is governed by the extraordinary remedy of review which is a retraction and at the same time a procedural means by which final judgments are challenged and has as its primary purpose the correction of serious errors.
终局的、不可撤销的法院判决具有既判力的效力。因此,一项已解决的争端在原则上不能再以同样的目的、同样的原因和在同样的当事方之间进行新的审判。然而,司法错误悄悄进入法院的最后判决,由于几项遗漏可能导致恢复审判,以查明真相。这种机制受审查的特别补救办法的支配,审查是一种撤销,同时也是对最后判决提出质疑的一种程序手段,其主要目的是纠正严重错误。
{"title":"Recent evolution of jurisdiction in criminal review","authors":"Tudor Osoianu, Ion Chirtoaca","doi":"10.52277/1857-2405.2021.2(57).07","DOIUrl":"https://doi.org/10.52277/1857-2405.2021.2(57).07","url":null,"abstract":"A final and irrevocable court decision enjoys the authority of the res judicata. Thus, a settled dispute can no longer, in principle, be the subject of a new trial, with the same object, the same cause and between the same parties. However, judicial errors crept into final court decisions as a result of several omissions may lead to the resumption of the trial in order to find out the truth. Such a mechanism is governed by the extraordinary remedy of review which is a retraction and at the same time a procedural means by which final judgments are challenged and has as its primary purpose the correction of serious errors.","PeriodicalId":254422,"journal":{"name":"The Journal of the National Institute of Justice","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134007264","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}
引用次数: 0
The hybrid court – an appropriate solution for the protection of human rights within the territory of the Self-proclaimed Dniester Republic 混合法庭- -在自封的德涅斯特共和国境内保护人权的适当解决办法
Pub Date : 2021-07-01 DOI: 10.52277/1857-2405.2021.2(57).06
Artur Sircu
Although the practice of hybrid courts was aimed at repressing international crimes, it also represents a reliable and effective model for examining cases on violation of fundamental human rights and freedoms within the territories with contested jurisdiction, not in the light of territorial dispute settlement but from the perspective of remediation, prevention and infringements ending rational within territories where there is no fair, constitutional and independent justice system. Such courts would represent the optimal solution for assessing any cases on human rights violations on the territory of self-proclaimed Dniester Republic in line with the lawfulness exercise, until the final settlement of the Transdniestrian conflict. The jurisdiction could include a panel composed of 7 judges, of which 3 would be appointed by the constitutional authorities of the Republic of Moldova, pursuant to different formulas, 2 – appointed by the UN and 2 – appointed by the OSCE. At least 3 judges shall be preferably from among the former judges of an international jurisdiction (e.g. the International Criminal Court, the European Court of Human Rights etc.). The European Convention on Human Rights could serve as the applicable substantive law, and the legislation of the Republic of Moldova – as the procedural law. The impact of creating such a court would be pivotal for the establishment of a human rights „coverage area” on the left bank of the Dniester. It is recommended however, for the proper functioning of this jurisdiction, especially endowed with confidence in the act of justice under the guarantee of international judges, that the origin of this jurisdiction shall be an external one, preferably a UN based one.
虽然混合法院的做法旨在压制国际犯罪,但它也代表了一种可靠和有效的模式,可以在管辖权有争议的领土内审查侵犯基本人权和自由的案件,不是从领土争端解决的角度,而是从在没有公平、宪法和独立司法制度的领土内进行补救、预防和合理结束侵权的角度。在德涅斯特冲突最后解决之前,这种法院将是根据合法程序评估在自称德涅斯特共和国领土上发生的侵犯人权案件的最佳解决办法。管辖权可以包括一个由7名法官组成的小组,其中3名将由摩尔多瓦共和国宪法当局根据不同的公式任命,2名由联合国任命,2名由欧安组织任命。最好至少有3名法官来自某一国际司法机构(例如国际刑事法院、欧洲人权法院等)的前任法官。《欧洲人权公约》可作为适用的实体法,摩尔多瓦共和国的立法可作为程序法。设立这样一个法院的影响对于在德涅斯特河左岸建立一个人权“覆盖区”将是关键的。但是,为了使这一管辖权,特别是在国际法官的保证下对司法行为具有信心,能够适当地发挥作用,建议这一管辖权的起源应是外部的,最好是以联合国为基础的。
{"title":"The hybrid court – an appropriate solution for the protection of human rights within the territory of the Self-proclaimed Dniester Republic","authors":"Artur Sircu","doi":"10.52277/1857-2405.2021.2(57).06","DOIUrl":"https://doi.org/10.52277/1857-2405.2021.2(57).06","url":null,"abstract":"Although the practice of hybrid courts was aimed at repressing international crimes, it also represents a reliable and effective model for examining cases on violation of fundamental human rights and freedoms within the territories with contested jurisdiction, not in the light of territorial dispute settlement but from the perspective of remediation, prevention and infringements ending rational within territories where there is no fair, constitutional and independent justice system. Such courts would represent the optimal solution for assessing any cases on human rights violations on the territory of self-proclaimed Dniester Republic in line with the lawfulness exercise, until the final settlement of the Transdniestrian conflict. The jurisdiction could include a panel composed of 7 judges, of which 3 would be appointed by the constitutional authorities of the Republic of Moldova, pursuant to different formulas, 2 – appointed by the UN and 2 – appointed by the OSCE. At least 3 judges shall be preferably from among the former judges of an international jurisdiction (e.g. the International Criminal Court, the European Court of Human Rights etc.). The European Convention on Human Rights could serve as the applicable substantive law, and the legislation of the Republic of Moldova – as the procedural law. The impact of creating such a court would be pivotal for the establishment of a human rights „coverage area” on the left bank of the Dniester. It is recommended however, for the proper functioning of this jurisdiction, especially endowed with confidence in the act of justice under the guarantee of international judges, that the origin of this jurisdiction shall be an external one, preferably a UN based one.","PeriodicalId":254422,"journal":{"name":"The Journal of the National Institute of Justice","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134417821","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}
引用次数: 0
Applicability of the rules of international humanitarian law to peacekeeping operations in regional crises 国际人道主义法规则适用于区域危机中的维持和平行动
Pub Date : 2021-07-01 DOI: 10.52277/1857-2405.2021.2(57).04
Alexandru Cauia, Naif Jassim Alabduljabbar
Reading the International Humanitarian Law, point of view of the status of subjects of Public International Law of the parties ist the only issue that involved in military conflicts matters so that they can be qualified as international or non-international, which depends directly on the volume of legal rules to be enforced and complied by the warring parties. Thus, members of peacekeeping operations conducted under the auspices of the UN, or with the participation of regional structures must strictly comply with the provisions of the rules of war throughout their actions in situations that may qualify as armed conflicts. Mechanisms and instruments for ensuring compliance with the rules of International Humanitarian Law by members of peacekeeping contingents shall be the subject of research in this article.
阅读国际人道主义法,从各方国际公法主体地位的角度出发,是军事冲突中唯一重要的问题,因此它们可以被定性为国际或非国际,这直接取决于交战各方要执行和遵守的法律规则的数量。因此,在联合国主持下或在区域机构参与下进行的维持和平行动的成员必须在可能构成武装冲突的情况下的整个行动过程中严格遵守战争规则的规定。本条应研究确保维持和平特遣队成员遵守国际人道主义法规则的机制和手段。
{"title":"Applicability of the rules of international humanitarian law to peacekeeping operations in regional crises","authors":"Alexandru Cauia, Naif Jassim Alabduljabbar","doi":"10.52277/1857-2405.2021.2(57).04","DOIUrl":"https://doi.org/10.52277/1857-2405.2021.2(57).04","url":null,"abstract":"Reading the International Humanitarian Law, point of view of the status of subjects of Public International Law of the parties ist the only issue that involved in military conflicts matters so that they can be qualified as international or non-international, which depends directly on the volume of legal rules to be enforced and complied by the warring parties. Thus, members of peacekeeping operations conducted under the auspices of the UN, or with the participation of regional structures must strictly comply with the provisions of the rules of war throughout their actions in situations that may qualify as armed conflicts. Mechanisms and instruments for ensuring compliance with the rules of International Humanitarian Law by members of peacekeeping contingents shall be the subject of research in this article.","PeriodicalId":254422,"journal":{"name":"The Journal of the National Institute of Justice","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130512942","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}
引用次数: 0
期刊
The Journal of the National Institute of Justice
全部 Acc. Chem. Res. ACS Applied Bio Materials ACS Appl. Electron. Mater. ACS Appl. Energy Mater. ACS Appl. Mater. Interfaces ACS Appl. Nano Mater. ACS Appl. Polym. Mater. ACS BIOMATER-SCI ENG ACS Catal. ACS Cent. Sci. ACS Chem. Biol. ACS Chemical Health & Safety ACS Chem. Neurosci. ACS Comb. Sci. ACS Earth Space Chem. ACS Energy Lett. ACS Infect. Dis. ACS Macro Lett. ACS Mater. Lett. ACS Med. Chem. Lett. ACS Nano ACS Omega ACS Photonics ACS Sens. ACS Sustainable Chem. Eng. ACS Synth. Biol. Anal. Chem. BIOCHEMISTRY-US Bioconjugate Chem. BIOMACROMOLECULES Chem. Res. Toxicol. Chem. Rev. Chem. Mater. CRYST GROWTH DES ENERG FUEL Environ. Sci. Technol. Environ. Sci. Technol. Lett. Eur. J. Inorg. Chem. IND ENG CHEM RES Inorg. Chem. J. Agric. Food. Chem. J. Chem. Eng. Data J. Chem. Educ. J. Chem. Inf. Model. J. Chem. Theory Comput. J. Med. Chem. J. Nat. Prod. J PROTEOME RES J. Am. Chem. Soc. LANGMUIR MACROMOLECULES Mol. Pharmaceutics Nano Lett. Org. Lett. ORG PROCESS RES DEV ORGANOMETALLICS J. Org. Chem. J. Phys. Chem. J. Phys. Chem. A J. Phys. Chem. B J. Phys. Chem. C J. Phys. Chem. Lett. Analyst Anal. Methods Biomater. Sci. Catal. Sci. Technol. Chem. Commun. Chem. Soc. Rev. CHEM EDUC RES PRACT CRYSTENGCOMM Dalton Trans. Energy Environ. Sci. ENVIRON SCI-NANO ENVIRON SCI-PROC IMP ENVIRON SCI-WAT RES Faraday Discuss. Food Funct. Green Chem. Inorg. Chem. Front. Integr. Biol. J. Anal. At. Spectrom. J. Mater. Chem. A J. Mater. Chem. B J. Mater. Chem. C Lab Chip Mater. Chem. Front. Mater. Horiz. MEDCHEMCOMM Metallomics Mol. Biosyst. Mol. Syst. Des. Eng. Nanoscale Nanoscale Horiz. Nat. Prod. Rep. New J. Chem. Org. Biomol. Chem. Org. Chem. Front. PHOTOCH PHOTOBIO SCI PCCP Polym. Chem.
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
0
微信
客服QQ
Book学术公众号 扫码关注我们
反馈
×
意见反馈
请填写您的意见或建议
请填写您的手机或邮箱
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
现在去查看 取消
×
提示
确定
Book学术官方微信
Book学术文献互助
Book学术文献互助群
群 号:481959085
Book学术
文献互助 智能选刊 最新文献 互助须知 联系我们:info@booksci.cn
Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。
Copyright © 2023 Book学术 All rights reserved.
ghs 京公网安备 11010802042870号 京ICP备2023020795号-1