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In 2021, the UN Human Rights Committee (HRC) held Spain responsible for violations of Articles 14(1), 14(5) and 15 (1) of the ICCPR in the Garzón v Spain case. The purposes of this article are three-fold. Firstly, it provides an analysis of the 'Francoism' case and the 'Gürtel' case, the two trials held by the Spanish Supreme Court (SSC) against Judge Garzón, which the HRC declared were 'arbitrary and did not comply with the principles of judicial independence and impartiality', and an assessment of their political and legal aftermaths. Secondly, it assesses the dim prospects for Spain complying with the HRC's views on the Garzón case by providing an updated and comprehensive statistical account of Spain's extremely low record of compliance with previous HRC's decisions. Thirdly, it provides an analysis of the new opportunities for judicial enforceability in cases of non-compliance by Spain with the views of the HRC in the wake of the SSC's landmark judgement on the González Carreño v. Spain case and subsequent case law. The conclusion considers the enhanced potential role of domestic courts in fostering the enforceability of decisions by quasi-adjudicatory human rights bodies both in Spain and in the light of the Spanish experience. [ABSTRACT FROM AUTHOR]

Death and taxes are not only life's two guarantees but also lucrative industries. The former has historically been dominated by morticians and funeral directors but now 'coffin confessors' have entered the market. These professionals are engaged to divulge specified information at the client's funerary service, normally in an abrasive or humorous manner, for a fee. This article queries whether contracts for such services are unenforceable on the basis of illegality or public policy. It surmises that the only way 'coffin confessions' contracts could seemingly be enforceable is if they are performed in a manner that is likely contrary to the client's instructions. [ABSTRACT FROM AUTHOR]

Copyright of Pravnik is the property of Czech Academy of Sciences, Institute of State & Law and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Ekonomia XXI Wieku is the property of Uniwersytet Ekonomiczny we Wroclawiu and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Pravnik is the property of Czech Academy of Sciences, Institute of State & Law and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Journal of Soochow University Law Edition is the property of Soochow University and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Journal of Psychology (UNLP) / Revista de Psicología (UNLP) is the property of Facultad de Psicologia Universidad Nacional de La Plata and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Propiedad Inmaterial is the property of Universidad Externado de Colombia, Centro de Estudios de la Propriedad Intelectual and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

All children have the right to education without discrimination, but half of refugee children are out of school, far worse than global averages. Obstacles to education for refugee and migrant children include poverty and overstretched resources in host countries, and humanitarian donors and agencies have important roles and should ensure the right to education. However, policy barriers to education are key drivers of the education crisis facing displaced children. These policy barriers are internationally unlawful, but the children affected often lack standing under domestic law to demand a remedy. Countries with laws enshrining migrant, asylum-seeking, and refugee children's rights to education and the European Union's response to Ukrainian refugee learners provide examples that advocates can use to help raise the global floor for displaced children's right to education. Advocates should press all countries to grant all children, including migrants and refugees, the enforceable right to education in domestic law. [ABSTRACT FROM AUTHOR]

Copyright of College of Law Journal for Legal & Political Sciences / Magallat Kulliyyat Al-Qanun Li-L-ulum Al-Qanuniyyat Wa-Al-Siyasiyyat is the property of Republic of Iraq Ministry of Higher Education & Scientific Research (MOHESR) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista de Direitos Fundamentais & Democracia is the property of Revista de Direitos Fundamentais & Democracia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

New York precedent has mischaracterized Islamic marriage contracts, or nikah agreements, as premarital agreements. Nikah agreements are not premarital agreements; they are contracts. This mischaracterization has subjected nikah agreements to the acknowledgement requirement codified in N.Y. DRL § 236(B)(3) which has incorrectly been used to strike down valid contracts which Islamic litigants rely on. To prevent the effects of this mischaracterization, this Note suggests to New York appellate courts that a recharacterization of these agreements as contracts would prevent further confusion amongst the lower courts and allow for clearer, more uniform decisions. Key points for the family court community: Islam is a major world religion with 1.9 billion followers globally.N.Y. DRL § 236(B)(3) contains an acknowledgement requirement for all marital agreements but acknowledgment is not required in the Islamic marriage tradition for the creation of a valid marriage.Matisoff v. Dobi and Galetta v. Galetta have established that marital agreements must strictly comply with N.Y. DRL § 236(B)(3)'s acknowledgment requirement without exception.New York courts have misidentified Islamic marriage contracts as premarital agreements subject to the acknowledgment requirement of N.Y. DRL § 236(B)(3).The secular terms of an Islamic marriage contract may be enforced under the neutral principles of law approach, approved in Jones v. Wolf, without having to satisfy DRL § 236(B)(3)'s acknowledgment requirement if they are reclassified as contracts. [ABSTRACT FROM AUTHOR]

The article deals with the International Business Mediation and Singapore Mediation Convention on enforcing cross-border mediated settlement agreements. Mediation, as an alternative dispute resolution method, is widely preferred by parties with disputes in many countries. For this reason, in relation to ADR methods including mediation, both in Anglo-American Law and in Continental European Law, various technical and legal arrangements have been made. Mediation Laws in the EU have become one of the regulations bringing out rules that are in conformity with the new developments reflected also in the Singapore Convention on Mediation. Harmonisation initiatives in the EU and in the global world are not confined to intergovernmental activities. The same is also currently ongoing in the field of unification. Also, the private business sector, less restricted by jurisdictional boundaries, is increasingly driving harmonisation in mediation practice and law. As applicable national mediation law is often the same for cross-border and domestic applications, the Singapore convention introduces a contemporary definition of mediation procedural law and offers positive factors that shape it globally. Relevant national and international aspects are presented throughout the first part of this study, with specific sections on international business mediation and international instruments of private international law. [ABSTRACT FROM AUTHOR]

The Self-Enforcement Challenge Regarding ILO Standards Even if the United States were to ratify more ILO conventions, there is the ongoing dilemma of the ILO normative regime lacking enforcement. No Place to Hide - The Limits to American Exceptionalism in the ILO Normative System The United States has ratified only 14 of the 190 ILO conventions, and of those, only 10 are currently in force.[21] The United States has one of the lowest ratification rates of any member state in the ILO. Keywords: ILO; conventions; enforceability; unions; employers; governments; standards; working class; international labor; globalization; global unions EN ILO conventions enforceability unions employers governments standards working class international labor globalization global unions 52 60 9 09/20/22 20220901 NES 220901 Graph: Aaron Lenchner Joe Biden promised to be the most pro-union U.S. president in history,[4] and he certainly has made pro-worker and union-friendly appointments to many critical federal agencies, including the National Labor Relations Board (NLRB). It also can decide on ILO normative disputes, including, for example, actions brought against state-members for their non-compliance with ratified ILO Conventions according to Articles 24 and 26 of the ILO Constitution. [Extracted from the article]

Copyright of Revista de Derecho Politico is the property of Editorial UNED and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista Română de Drept al Afacerilor is the property of Wolters Kluwer Romania and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Apart from the constitutional documents of the company namely the Articles of Association (A.O.A.) and the Memorandum of Association (M.O.A.); the Shareholders' Agreement (S.H.A.) is another document that plays a vital role in establishing the relationship among the shareholders themselves and also between the shareholders and the company. S.H.A. is a reassertion of 'contractualism' in corporate law. However, even after being a valid contract, the terms of S.H.A. can only apply on the company if they are in consonance with the terms of A.O.A. This paper will focus on understanding the intricacies attached with Shareholders' Agreement and why does entering into such an agreement has become a usual business practiseeven when there is no proper legislation or guideline governing the same. It will also focus on the impact of 2018 amendment in Specific Relief Act 1963 on the enforceability of S.H.A. upon companies. This paper has tried to discuss the important judicial pronouncements relating to the Shareholders' Agreement in India and how the concept has developed over the period of time in our country. [ABSTRACT FROM AUTHOR]

Using a unique setting of exogenous variations in non‐compete agreement (NCA) enforceability in the United States, we investigate whether companies strategically engage in corporate social responsibility (CSR) practices to retain employees. Using a difference‐in‐differences design, we find that an increase in the enforceability of NCAs deteriorates CSR performance. Cross‐sectional tests indicate that peer pressure affects CSR performance interactively with enforceability of NCAs. These findings demonstrate the unintended consequences of regulation and are consistent with the notion that firms strategically engage in CSR practices to retain employees, thereby reducing knowledge spillover associated with employee mobility. [ABSTRACT FROM AUTHOR]

Background: The recently passed and repealed farming agreement legislation in India was designed to empower the farmers to enter into contracts with the agri-business firms, exporters, wholesalers, retailers to directly trade their farm produce outside the designated APMC market. An exploration of the studies relevant to farming agreements/contract farming indicates that it has promising benefits in terms of security, increased income and quality production only if the parties engage in fair contractual practices. Methods: In this context the present paper critically examines the text of the repealed farming agreement legislation in India by largely focussing upon the provisions that are connected with the enforceability of farming contracts. Result: As the contractual relationship between the parties is the vital element in the successful implementation of the farming agreements, this paper has spelt out the statutory provisions that safeguard the interest of both the parties and also those ambiguous provisions that were likely to give scope for exploitation of small farmers. In conclusion, the responsibility of the government and other stakeholders is discussed to boost the enforceability of farming agreements in India and concrete suggestions are given to secure and protect the rights of both the parties involved in it. [ABSTRACT FROM AUTHOR]

This article adopts a political theoretical perspective to address the problem of AI regulation. By disregarding the political problem of enforceability, it is argued that the applied ethics approach dominant in the discussions on AI regulation is incomplete. Applying realist political theory, the article demonstrates how prescriptive accounts of the development, use, and functioning of AI are necessarily political. First, the political nature of the problem is investigated by focusing on the use of AI in politics on the one hand and the political nature of the AI regulation problem on the other. Second, the article claims that by revisiting some of the oldest political and theoretical questions, the discourse on guidelines and regulation can be enriched through the adoption of AGI and superintelligence as tools for political theoretical inquiry. [ABSTRACT FROM AUTHOR]

This paper examines the enforceability of collective agreements in Nigerian law. It argues that the common law position that held collective agreements not binding unless incorporated into the individual worker's contract of employment should no longer remain because it causes hardship to workers. It suggests a possible way of circumventing the position of the common law and enforcing such agreements. Section 254C (1) and (2) of the Constitution has conferred exclusive jurisdiction on labour matters on the National Industrial Court of Nigeria (NICN). Since Nigeria has ratified International Labour Organisation's (ILO) Convention 98 (concerning Right to Organise and Collective Bargaining) and the Constitution allows application of labour treaties that have been ratified, this becomes a possible way through which the NICN can enforce collective agreements in Nigeria. [ABSTRACT FROM AUTHOR]

Copyright of Revista del ICDT is the property of Instituto Colombiano de Derecho Tributario and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Direito da Cidade is the property of Editora da Universidade do Estado do Rio de Janeiro (EdUERJ) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Díkaion is the property of Universidad de la Sabana and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista Jurídica (0103-3506) is the property of Revista Juridica and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Themis: Revista de Derecho is the property of Themis Asociacion and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

We argue that even if an agent's initial responsibilities are not very demanding, it can become permissible to burden her with significant costs if she culpably fails to discharge those responsibilities. In particular, we defend the claim that even if our responsibilities to assist others are not initially very demanding, our failure to live up to them can make us liable to possibly burdensome enforcement costs. Christian Barry and Gerhard Øverland (2016) disagree. They claim that other things equal, fewer costs may be imposed on an agent if she culpably fails to live up to her assistance-based responsibilities as opposed to her responsibilities not to contribute towards harm. Their thought is that our responsibilities to assist others are less demanding than our responsibilities not to contribute towards harm, and they assume that this asymmetry is matched by an asymmetry in the enforceability of the two types of responsibility. We agree with Barry and Øverland (2016) that our assistance-based responsibilities are less demanding than our contribution-based responsibilities. We argue that autonomy-based reasons support this asymmetry. Pace Barry and Øverland (2016), we claim that there is no reason to think that the two types of responsibility differ in their enforceability. [ABSTRACT FROM AUTHOR]

Whenever one person's conferral of a benefit on another is subject to a condition that the conferee not be married to a particular person or to a member of a specified class of persons, the question of whether the condition is enforceable is said to be a question of 'public policy'. This 'policy' question is fundamentally a question of whether enforcing the condition contradicts or undermines any of the norms concerning the conduct of married persons to which the law is committed. It is not a question of whether enforcing or not enforcing the condition in the particular case would advance a more general social goal of encouraging marriage and discouraging divorce. A principle of preserving the coherence of the law—that the law 'refuses to give by its right hand what it takes away by its left hand'—is the animating principle of both the marriage condition cases and the illegality cases. [ABSTRACT FROM AUTHOR]

Copyright of Revista Latinoamericana de Estudios Educativos is the property of Centro de Estudios Educativos, A.C. and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Collected Papers of the Law Faculty of the University of Rijeka / Zbornik Pravnog Fakulteta Sveučilišta u Rijeci is the property of Pravni fakultet Sveucilista u Rijeci and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Modern information communication technologies, especially the Internet, have been extensively used in contracts. Yet laws which govern contractual relationships were passed at a time when Internet was unknown. Due to this fact, conventional contract laws empirically face significant challenges to address legal controversies arising from electronic contracts. In the same fashion, Ethiopian General Contract Law is unfit to accommodate legal controversies resulting from the occurrence of electronic contracts. The main legal challenges due to the development of electronic contracts are uncertainty regarding legal recognition of data messages, issues associated with consummation of consent, attribution of communications, input errors, time of contract formation, formality requirements, variation, notice of nonperformance, privity of contract, admissibility and parole evidence rule of electronic records. The above-underlined issues, which stem from the emergence of electronic contracts, are hardly addressed by our civil code. Therefore, this work is mainly meant to make a humble attempt to examine the appropriateness of the Ethiopian General Contract Law to accommodate technologically driven electronic contracts. [ABSTRACT FROM AUTHOR]

Copyright of African Journal of Democracy & Governance is the property of Institute for Democracy, Governance, Peace & Development in Africa (IDGPA) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The Advisory Opinion of the Inter-American (IA) Court of Human Rights on Environment and Human Rights , released in February 2018, has the potential to usher in a new era for the relationship between climate law and international human rights law. This article begins with the Inuit Petition submitted to the IA Commission on Human Rights in 2005 to identify three legal challenges which it brought to light on the application of the international human rights framework to climate change: enforceability, causality, and extraterritoriality. By relying on examples from the Human Rights Council and the Paris Agreement negotiations, we show that these three issues continue to have an impact on the relationship between climate law and human rights. We then draw attention to the groundbreaking character of the IA Court's Advisory Opinion, and in particular to the finding that the American Convention on Human Rights gives rise to an autonomous right to a healthy environment and to state duties that are both preventive and extraterritorial in nature. We suggest that the IA Court's revisiting of the three legal hurdles provides an opportunity to close the gap between the disciplines of international human rights and climate law. [ABSTRACT FROM AUTHOR]

The current paper was prepared for the International Accounting Standards Board (IASB) Research Forum 2017 and evaluates the effects of introducing more principles of disclosure as part of the IASB Disclosure Initiative. We perform a literature review of academic research on how entities have complied with disclosure requirements in the past. The review shows high levels of non-compliance and high volatility across entities, including poor disclosers being far below the average. We find no clear pattern of higher compliance for International Financial Reporting Standards (IFRS) with more reliance on disclosure principles as compared to specific requirements (i.e. IFRS 7, IFRS 8), but note the methodological problem of measuring compliance with disclosure principles. Academic research suggests that the degree of compliance depends on entities’ incentives for providing or withholding information in combination with local conditions for primary users, auditors and regulators. Based on our review, we argue that increased reliance on entities to act in ‘good faith’ when complying with disclosure requirements, in capital-market contexts where entities may be in high-incentive situations and have low costs of non-compliance, is potentially risky in terms of how well the Standards protect primary users from poor disclosers. More emphasis is needed on ensuring that the disclosure requirements are enforceable and auditable in order to secure a certain minimum level of disclosure. [ABSTRACT FROM AUTHOR]

This study sets out to introduce the concept of soft accountability as a new approach to understanding mutual accountability in unlikely settings of development cooperation through South-South cooperation. In doing so, this study analyzes three defining components of accountability (responsibility, answerability, and enforceability) and identifies the actors and modalities of mutual accountability in four different situations of South-South cooperation mechanisms. The main finding in this conceptual analysis contains establishing an institutional and sustainable development platform for the mutual accountability of South-South cooperation by not only reflecting the distinctive nature of South-South cooperation, but also focusing on responsibility first to reduce buck-passing among actors and to sustain its continuous management. [ABSTRACT FROM AUTHOR]

Copyright of Revista Jurídica de Castilla y León is the property of Junta de Castilla y Leon, Direccion de Servicios Juridicos and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista Criterio Jurídico Garantista is the property of Revista Criterio Juridico Garantista and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Collected Papers of the Law Faculty of the University of Rijeka / Zbornik Pravnog Fakulteta Sveučilišta u Rijeci is the property of Pravni fakultet Sveucilista u Rijeci and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Pravnik is the property of Czech Academy of Sciences, Institute of State & Law and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

I argue that a theory of distributive justice is sensitive to desert if and only if it (1) does not require an institutional scheme thatpreventsindividuals from treating one another as they deserve, and (2) requires a desertethos. A desertethosis a set of principles that, though not embodied in a society’s basic coercive structure, nevertheless governs interpersonal relations between citizens. These two necessary conditions are jointly sufficient for ‘giving desert its due’ in a theory of justice. I therefore reject the received view that a desert-sensitive theory must endeavor to guarantee distributions patterned according to desert. [ABSTRACT FROM PUBLISHER]

With this paper an effort is made to show how much the concept of the administrative judiciary protection in the Republic of Macedonia ensures true and quality protection of the rights and interests of the parties. Inarguable is the fact that the administrative judiciary has a great meaning not just for ensuring an objective lawfulness through appraisal of the lawfulness of certain administrative acts, but also by ensuring a subjective lawfulness, in the regards of attaining the subjective rights and interests of the parties. Namely, the parties look for an administrative judiciary protection when it is about attaining their rights in multiple areas such as denationalization, pension rights, the right of retirement and disablement insurance, the rights of customs and tax procedures, property rights (for example privatization of building land, transformation of building land, the right of using a building land) and other rights posited by law. From this kind of legal protection for the parties depends whether they will attain a certain right, which they think they are deprived from with the contested act, or it will be confirmed the lawfulness of the made decision by the administration. From here, we think that for the parties the point of having the administrative dispute is for finally attaining their right. However starting from the fact that the basic condition for starting an administrative dispute is the existence of a final administrative act, which is made as a result of having an administrative dispute, the road to protection and attaining of a certain right for the party is long and complicated. Namely, according to the new legal decisions in our country, the administrative legal protection can be obtained in front of four institutions or specifically: in front of a first degree institution in an administrative procedure, in front of a second degree institution after a motion in the administrative procedure, in front of the Administrative Court and in front of the Higher Administrative Court. However going through these four institutions does not mean de facto realization of the legal right of the party. By rule, to be more precise, always after finalizing the administrative dispute, the parties whole "won" case is returned in front of the authorities. And the administrative procedure starts again. Taking into consideration the previously mentioned, we will try and answer the following questions: Whether the ruling of the administrative court is a guarantee for attaining a certain right for the party? In what way is the principle of mandatory court ruling is implemented? How to achieve balance between the speed of making the decisions and the effectiveness in the execution of the decisions. [ABSTRACT FROM AUTHOR]

Copyright of Bajo Palabra: Journal of Philosophy is the property of Bajo Palabra: Journal of Philosophy and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Pravnik is the property of Czech Academy of Sciences, Institute of State & Law and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This article presents a case study of a school located in the Quilombola area in the north-east of Brazil. Quilombolas are African descendants and one of the most food and nutritionally insecure groups in Brazil. The main objective is to describe the importance of availability and accessibility of information in protecting rights within the School Feeding Program. Findings reveal that a violation of the right to food was made by the judiciary leading to a lack of food in the school; duty bearers and operators of recourse mechanisms dealt with the violation inadequately. In conclusion, dissemination of information and duty bearers' related obligations are critical for the enforceability of the right to food. [ABSTRACT FROM AUTHOR]

Prenuptial agreements are gaining popularity among Americans as an effective means of financial protection in the event of death or divorce. It is widely accepted that prenuptial agreements merit additional procedural and substantive fairness requirements. However, states have very different requirements for enforcement, and courts often enforce agreements despite the use of unfair bargaining tactics. Requiring the advice of independent counsel ensures that the parties to a prenuptial agreement are aware of the terms of the agreement and demonstrates to the court that it was executed voluntarily. While independent counsel is often one factor that courts consider when examining procedural fairness, it is not a dispositive factor in the majority of states. In order to promote enforceability, create more predictable outcomes, and achieve greater equality in the bargaining process, this Note proposes that states adopt California's statutory provision, or a similar standard, which requires that the party against whom enforcement is sought obtained independent legal counsel prior to the execution of the agreement. In order to preserve the freedom of contract, the statute includes a waiver provision, which allows a party to waive the right to independent counsel as long as that party is fully informed, typically by the other party's lawyer, of the basic terms and effect of the agreement and the rights and obligations he or she is giving up by signing it. Key Points for the Family Court Community Prenuptial agreements differ from ordinary commercial contracts because the parties do not deal at arm's length with each other., States have varying procedural and substantive fairness standards for prenuptial agreements, but many do not provide sufficient protection for vulnerable parties., California requires independent counsel, or waiver, to find that a prenuptial agreement has been voluntarily executed., By adopting an independent counsel requirement like California's, states can ensure informed consent and bargaining equality, while promoting enforceability and predictability. [ABSTRACT FROM AUTHOR]

It is noteworthy that the current Civil Code has got more provisions regarding concealment than the Civil Code from 1864. This is a notable thing in a more formalist legal system, based on specific mechanisms conferring rights and obligations regarding the rigorous form imposed frequently ad validitatem for various contracts. The current Civil Code lists the persons who belong to the third party category. In regards to the consequences of concealment to third parties, it is acknowledged that the enforceability is a sanction for the secret act, which leads to inefficiency for the same act between concealment parties. In the conflict of the third party, in this matter, it is noted the change of the legislature perspective in the context of giving favor to the apparent seller creditors in the detriment of the apparent acquirer creditors, is valid only if their claim was born earlier than concluding the secret act. [ABSTRACT FROM AUTHOR]

The article examines the proposal, advanced by a number of Realist authors (Mearsheimer, Kissinger, Walt) that a lasting solution to the current crisis in Ukraine can be reached by a "grand bargain" between the West (defined as comprising the EU and US) and Russia. This settlement would mean that Ukraine gains the status of "a bridge between Russia and Europe", pursuing equivalent relationships with both sides without formally becoming part of any competing arrangements (NATO, EU or Customs Union / Eurasian Economic Union). The analysis focuses on three main issues: the arrangement's sustainability, its enforceability and its possible role in a broader Eurasian security architecture. It takes into account the ongoing dynamics of the Ukrainian society, regional evolutions, as well as the wider international environment. It also factors in the interests, perceptions and strategy of the current Russian leadership. In context, a brief comparison is made with the Finnish model, which is often invoked by the proponents of the "bridge" solution. The conclusions reached are that, in the current circumstances, a "50%-50%" type of arrangement could not be sustained with reasonable political, economic and military costs. Its enforceability would also be problematic, given the parties' very different commitment to use the capabilities at their disposal. Taking into account the extremely high difficulty of reaching a mutually satisfactory settlement in Ukrainian case, which must be one of the linchpins of any Eurasian security architecture, it can be concluded that such a broad agreement is also extremely unlikely at this time. A more probable outcome for the near future would be a policy of "complex containment", where economic and political interaction continues at some levels, but is restricted in others and where Russia is no longer perceived as a genuine partner of the West. This would not be a permanent situation, but only a temporary "point of balance", highly dependent on political evolutions, especially those within Russia. [ABSTRACT FROM AUTHOR]