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The purpose of the research is to provide an overview of the legality and enforceability of smart contracts. The research aims to examine the legal implications of the use of smart contracts in agreements. The study used qualitative research. The type of this study is normative. The second primary legal are from journals, books, and news. The recognition of the validity of smart contracts can be achieved through the setting of special clauses in contracts that recognize their validity, especially in cross-border transactions that require the addition of choice of law and choice of jurisdiction clauses. Smart contracts offer a great opportunity to revolutionize business transactions and contract law with greater efficiency and autonomy. However, for this technology to be well integrated in the legal framework, it requires the development of regulations that address the challenges of legal validity, enforceability, jurisdiction, and data security. In Indonesia, although smart contracts are permitted, legal uncertainties in various jurisdictions indicate the need for more dynamic legal adaptation to support the development of this technology.

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.)

The subject of the study. The legislator does not establish a list of requirements that the rulings of the court of first instance must meet. The article analyzes the requirements for the rulings of the court of first instance in civil proceedings, in comparison with the requirements for court decisions based on domestic procedural legislation and scientific literature. The purpose of the article is to confirm that the main requirements for court rulings are legality, validity, motivation, and enforceability.The research methodology includes the formal-logical method, analysis, synthesis, logicallegal method.Main results. An analysis of domestic legislation and scientific literature led to the conclusion that, based on the requirements that court rulings must meet, the legislator has not correctly defined a list of definitions that must be substantiated, motivated and subject to appeal separately from the final judicial act. The category of protocol definitions should be rather exclusive. Such determinations must be made if it is not required to state the motives for the decision and if it does not affect the essence of the final judicial act.Conclusions. Court rulings must meet the above requirements by analogy with court decisions. The issues raised in this article have not only theoretical, but also practical meaning in relation to civil procedural law in the Russian Federation. The practical problem is that at the moment the legislator has not correctly defined the list of definitions that must be substantiated, motivated and subject to appeal separately from the final judicial act. Court rulings in civil proceedings subject to appeal must meet the requirements of legality, validity, motivation, and enforceability. Contrary to this, in practice the opposite situation often occurs. The category of protocol definitions should be rather exclusive. Such determinations must be made if it is not required to state the motives for the decision and if it does not affect the essence of the final judicial act. Otherwise, this will lead to a violation of the fundamental right to a fair trial and a restriction of a person's access to justice.

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.)

This paper studies which law is applicable to the analysis of enforceability and interpretation of forum selection agreements in Brazil. First, it demonstrates how the applicable law can directly affect the result of the assessment of forum selection clauses, both during the analysis of validity conducted by the judiciary and during its interpretation. Next, the theme is studied from the discussions held in the United States of America, conducting an examination of the doctrinal debates and local case law. The inductive method is applied, starting from the analysis of 62 (sixty-two) decisions collected in the online portals of the Superior Court of Justice, of the largest state courts of law and in the Court of Justice of Santa Catarina to establish conclusions about the applicable law to the analysis of validity and interpretation of choice of court agreements in Brazil. The hypothesis that Brazil applies the lex fori for determining the enforceability of forum selection agreements is confirmed. Regarding interpretation, the three cases found applied the lex fori, and it is believed that this will be the trend for the upcoming years, given the difficulty in legitimizing party autonomy in international contracts in Brazil. [ABSTRACT FROM AUTHOR]

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.)

Starting with the general provisions of the Civil Procedure Code regarding the effects of the court decisions, as well as the special provisions of the Civil Code regarding the role of co-ownership in taking the legal actions, the aim of this study is to identify and analyse the arguments that both the doctrine and the jurisprudence are using in order to describe the connection between these norms. The study is also bringing into discussion the Decision no. 18/17th of February 2020 of the High Court of Cassation and Justice as it has significant implications on the matter. By highlighting the line between the third party effect and enforceability of the court decisions, the study is also analysing the involvement of the parties and third parties. Moreover, the study is looking to identify the particular situation of the third party co-owner when facing an unfavourable court decision regarding animmovable property claimed in a real estate matter. Considering all these work hypotheses, the study's final purpose is to lead to the conclusions regarding the legal matter chosen to be analysed and debated.

The issue of determining the enforceability of the letter of bank guarantee has recently been raised in judicial practice. The classification of the bank guarantee letter as a credit instrument belonging to the family of the bank credit by signature leads to the conclusion that the credit operation by issuing the letter of bank guarantee is governed by the rules of the special law of the bank credit agreement, respectively by the legal provisions governing the conclusion and effects of this contract, as well as the consequences of non compliance with contractual obligations, including those regarding the forced execution of the contract in case of non repayment by the client of the loan. The basic principle governing bank guarantees is the separation of the obligation of the bank issuing the letter of guarantee from the fundamental contract. The limits of the bank's commitment autonomy are established by law: the bank cannot be held liable in case of abuse or obvious fraud. The opinion we formulate following the research undertaken is in the sense of retaining the enforceable nature of the letters of bank guarantee.

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.)

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]

Copyright of Palobra is the property of Universidad de Cartagena 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 Romanian Review of Private Law / Revista Română de Drept Privat is the property of Universul Juridic Publishing House 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.)

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 requests of civil servants before the courts of administrative litigation, with a view to suspending the execution of an order or provision of imputation until the resolution of the action on the merits, have generated a non-unitary judicial practice. From the analysis of the case law of the authorities, it appears that the legal problem generated by the application of the provisions of art. 500 par. (3) of the Administrative Code [former art. 85 par. (21) of Law no. 188/1999] is not very recent. However, it should be noted that the practice according to the Administrative Code admits, expressly or implicitly, that art. 500 par. (3) of the Administrative Code is equivalent to a legal suspension of the act of imputation as an effect of its contestation. The subject of reflection of this article is represented by the effect produced by the contestation of the order or the provision of imputation, respectively if, in the conception of art. 500 of the Administrative Code, by exception, the formulation of the preliminary complaint and the request for cancellation of the act of imputation lead to the suspension of the execution of the act until the final settlement of the dispute. The charge order or provision made by the head of an authority or a public institution shall have the legal nature of a budgetary debt instrument, and on the date on which they remain final by not attacking it or rejecting appeals for annulment, they become enforceable titles which can be enforced in accordance with the provisions of the Code of Tax Procedure, such is the meaning of the notion of enforceable title referred to in art. 500 par. (3) of the Administrative Code. Only apparently art. 500 par. (3) of the Administrative Code establishes an exception to the enforceability of the administrative act, so that the interpretation of this text as meaning that, with the introduction of the action for annulment of the order or provision charge, the legal suspension of the execution of the administrative act is not correct. It is noted that there is confusion as to the existence of a legal suspension of the order or of the imputation provision challenged in court, confusion between the enforceability of the administrative act and its enforceability, in the sense forced execution. Contrary to the meaning of the expression „ex officio enforceability", the expression „executory title" of the content of the text of art. 500 par. (3) of the Administrative Code has the meaning of enforceable title in the sense of execution. The circumstance that the enforceability is of the essence of the administrative act represents an additional argument according to which the suppression of this character must be expressly provided for and one cannot speak of a suspension ope legis in the absence of a express regulations. [ABSTRACT FROM AUTHOR]

The scope of the study is to analyse the Regulation on the organisation and conduct of specific activities of the Court of Accounts, as well as the use of documents resulting from these activities (RODAS)I from the perspective of the relationship between the audit authority and the auditee, in relation to the offence provided for in Art. 64 of Law no. 94/1992II . We want to analyse the relationship between the Court of Auditors and the auditee, considering the fact that although the audit institution orders measures to recover alleged damages, the exclusive power to choose such measures pertains to the management of the entity. However, the Court of Auditors may decide to refer the matter to the criminal investigation bodies if the damage is not recovered.

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.)

International law or treaty binds a state where such state signed, ratified acceded or domesticated same. In a monist State, ratification alone suffices for the international law or treaty to become binding whereas, in a dualist State, domestication as a condition must have complied. It is because of the peculiarities within various nations' legal systems (Monist or Dualist system). In 1989, The United Nations Convention on the Rights of the Child (UNCRC), an international human rights instrument came into force. Since its domestication as the Child Rights Act (CRA 2003) in Nigeria by the National Assembly, only about 24 States have enacted the law for onward enforcement. Nigeria is a nation which became independent in the year 1960 comprising now of 36 states and Abuja as its Federal Capital Territory all under the Federal Government. Since its domestication as the Child Rights Act (CRA 2003) in Nigeria by the National Assembly, many States have enacted the law for onward enforcement. However, few states are yet to comply and raise a question as to whether the said CRC has a binding force in all the States of the Federation. This study aims to examine the extent of how the UNCRC and CRA are being enforced in Nigeria. This study's research methodology is purely doctrinal, where library materials such as books, articles from journals, and online articles have been carefully selected and analyzed for this research. This paper recommends establishing a global agency or organ that should be saddled with the responsibility of ensuring full compliance and enforcement of international laws or treaties.

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]

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.)

Copyright of Romanian Review of Private Law / Revista Română de Drept Privat is the property of Universul Juridic Publishing House 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.)

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]

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 () 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 () 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 (), we claim that there is no reason to think that the two types of responsibility differ in their enforceability.

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]

Copyright of Romanian Review of Private Law / Revista Română de Drept Privat is the property of Universul Juridic Publishing House 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 Romanian Review of Private Law / Revista Română de Drept Privat is the property of Universul Juridic Publishing House 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.)

It is not true that the idea of the right to subsistence should not give rise to much controversy. In fact, social rights are not considered as fundamental rights by everyone. The aim of this paper is to analyze whether abstract social rights –and the right to subsistence in particular- should be put in constitutions and laws and if judges should be given powers to interpret them. The philosophical foundations and the content of the right are studied and five great challenges are presented, although the most powerful one is to focus on the social and political enforceability of the fundamental right to subsistence. Assessing the effectiveness of the right to subsistence, and the right to food particularly, is a complex issue. In the legal discourse, the question seems to be only suggested. Even when the Constitutions expressly recognize this right in some countries, its implementation faces many constraints. The progressive realization of ESC rights requires a complex interaction of policies and programs in a wide range of sectors and institutions.The scientific method used in this work is the legal-sociological method, regarding the understanding of the rules, the lack of them, their effectiveness, etc. Several methodological techniques have been used, such as social and legal analysis, legal deduction and induction, description and interdisciplinarity.

Arbitration is well established in Canada. All jurisdictions have implemented the 1958 New York Convention, the UNCITRAL Model Law on Arbitration and equivalent legislation for domestic arbitration. This generally supportive legal landscape for arbitration is often at odds with access to justice for consumers. As a result, several jurisdictions in Canada have adopted legislation to guarantee consumers’ access to local courts, including through class actions, notwithstanding the inclusion of arbitration clauses in their contracts. The constitutional division of powers in Canada entitles each province to adopt its own policy, leading to diversity across the country with regard to the enforceability of arbitration clauses in consumer contracts. In this paper, the author examines the tension between general support for arbitration and differentiated treatment of consumer arbitration in Canada. To that end, the author examines relevant legislation in several provinces (including Quebec and Ontario) as well as recent jurisprudence from the Supreme Court of Canada (Dell Computer (2007), Telus (2011) and Wellman (2019)). The 2020 decision from the Supreme Court of Canada in Uber may signal a new openness toward extending protection to other vulnerable contracting parties such as employees.

The Act 40/2015 of the legal regime of the Public Sector has introduced a new rule on the calculation of the limitation period to be applied to sanctions in cases where hierarchichal appeal filed against them had been rejected by administrative silence. Thus, within the meaning of section 30.3 of this Act, in case of implied rejection of the appeal, the calculation of the limitation period of the sanction shall begin from the day following the deadline legally established to resolve that appeal. This new rule about the limitation period has logically to have consequences over the enforceability of sanctions, since enforceability of the sanction as such is a prerequisite for the limitation period of it. This article deals with both novelties and analyzes the problem of their contradiction with the case law ¿by the Constitutional Court and the Supreme Court¿ regarding the silence within the appeal and its effects (or rather lack of effects) about the limitation period and enforceability of sanctions.

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.)

This article discusses Palestine's lawsuit against the United States before the International Court of Justice for its alleged violations of the Vienna Convention on Diplomatic Relations. The lawsuit was brought after the US president's announcement to move the embassy in Israel from Tel Aviv to Jerusalem. The case has critical diplomatic repercussions but raises various legal questions related to Palestine's access to the Court with or without its capacity as a State, the Court's jurisdiction, the enforceability of Palestine's adherence to the Convention and its Optional Protocol, and the admissibility of the lawsuit. The paper discusses whether Palestine could initiate a case before the Court, whether the secretariat of the Court should have accepted the case, and whether the Court has jurisdiction to rule on it. This analysis is based on the provisions in the Court's bylaws, regulations, and extensive case law regarding procedural matters. [ABSTRACT FROM AUTHOR]

Copyright of Romanian Review of Private Law / Revista Română de Drept Privat is the property of Universul Juridic Publishing House 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 Romanian Review of Private Law / Revista Română de Drept Privat is the property of Universul Juridic Publishing House 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.)