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Slavomír Halla

Abstract

Consent, the final frontier. International commercial arbitration is a dis­pute resolution mechanism embedded in consent of the parties involved. Presentation of such a mutual understanding is done through an arbitration agreement. However, the aim of this paper is to analyse whether its contractual, indeed consensual, nature is the only element which the courts use to identify the subjects who may compel or must be compelled to arbitrate disputes, or whether they employ other considerations as well. The paper will focus on extension doctrines which might be less known even to a professional audience: piercing of the corporate veil, estoppel & group of companies. A review of selected case law leads to a conclusion that consent-finding analysis is defi­nitely a starting point of any analysis. However, at the same time courts and arbitrators do indeed use tools of contract interpretation and the ones based on equity or good faith considerations to establish, and exceptionally force, the implication of consent far beyond what is obvious.

Open access

María Mar Delgado-Serrano and José Ángel Hurtado-Martos

Abstract

Land is an essential resource and plays a vital role in providing food and food security, water, ecosystem services and territorial resilience. However, the past few decades have generated enormous and increasingly unsustainable pressures on land use. The objective of this research is to analyse the main land use changes in Spain between 1987 and 2011 using data provided by the Corine Land Cover (CLC) project. The general trends in land use change at CLC level 1 in this period, and more specifically the changes occurring at CLC level 3 in land destined for agricultural use are analysed. The main reasons that explain these changes, including policy influences, are then identified. The results show that the area occupied by buildings and infrastructure has doubled, agricultural land has decreased and irrigated land has increased; forested areas have also increased, but their ecological quality has been degraded. These trends question the future sustainability of that land use in the analysed period.

Open access

Jarmila Lazíková and Zuzana Lazíková

Abstract

Land consolidation in the Slovak Republic is an important legal institute for fragmented agricultural land, which makes it difficult not only for the agricultural land market but also for the rational and efficient use of agricultural land. The necessity of land consolidation was already realized by the peasants in Slovakia at the beginning of the 20th century, when they voluntarily began to exchange the land. The law maker in Slovakia, however, did not realize the need for the arrangement of land relations until the year 1989, when the Law No. 229/1991 Coll. on the regulation of ownership relations to land and other agricultural property and Law No. 330/1991 Coll. on land arrangements, settlement of land ownership rights, district land offices, the Land Fund and land associations as amended were adopted. Moreover, land consolidation also addresses the development of the countryside and, last but not least, increases rural attractiveness for the inhabitants themselves. Rural development also belongs to the priorities of the EU. Thus, the implementation of the land consolidation projects is not only a wish of the owners or private investors, but also one of the ways to realize the goals of Slovakia and even of the European Union.

Open access

Jessica McKenney

Abstract

This Paper addresses the right to informed consent regarding euthanasia using international conventions and, to a lesser extent, national laws and policies. Spe­cifically, The United States, Belgium and the Netherlands will be examined. The Paper specifically discusses legal capacity, the right to consent and the right to information. Three stories are used to argue the importance of implementing effective safeguards for these rights and notes that these safeguards are necessary regardless of whether or not euthanasia is legalized in a state. This Paper also argues that patients should not be offered euthanasia for mental illnesses. The ethical debate surrounding whether euthanasia should be permitted generally is not discussed.

Open access

Andrea Circolo and Ondrej Hamuľák

Abstract

The paper focuses on the very topical issue of conclusion of the membership of the State, namely the United Kingdom, in European integration structures. The ques­tion of termination of membership in European Communities and European Union has not been tackled for a long time in the sources of European law. With the adop­tion of the Treaty of Lisbon (2009), the institute of 'unilateral' withdrawal was intro­duced. It´s worth to say that exit clause was intended as symbolic in its nature, in fact underlining the status of Member States as sovereign entities. That is why this institute is very general and the legal regulation of the exercise of withdrawal contains many gaps. One of them is a question of absolute or relative nature of exiting from integration structures. Today’s “exit clause” (Art. 50 of Treaty on European Union) regulates only the termination of membership in the European Union and is silent on the impact of such a step on membership in the European Atomic Energy Community. The presented paper offers an analysis of different variations of the interpretation and solution of the problem. It´s based on the independent solution thesis and therefore rejects an automa­tism approach. The paper and topic is important and original especially because in the multitude of scholarly writings devoted to Brexit questions, vast majority of them deals with institutional questions, the interpretation of Art. 50 of Treaty on European Union; the constitutional matters at national UK level; future relation between EU and UK and political bargaining behind such as all that. The question of impact on withdrawal on Euratom membership is somehow underrepresented. Present paper attempts to fill this gap and accelerate the scholarly debate on this matter globally, because all consequences of Brexit already have and will definitely give rise to more world-wide effects.

Open access

Zsolt Orlovits and László Kovács

Abstract

The aim of the present paper is to provide a comprehensive overview of the major regulations related to the acquisition and ownership of agricultural and forestry lands in Hungary and the effect of these regulations on the trends and changes in trade and ownership structure. The four pivotal points regarding policy–making have been the following: (1) maintaining national ownership of agricultural lands, (2) preventing the registration of ownership when the aim of the transaction is speculation, (3) maintaining the limitation and strict regulations on the possibilities for new acquisitions by corporately owned farms, (4) supporting the acquisition and usage of agricultural lands by privately and family owned farms. In order to achieve these aims, the government of Hungary decided upon a framework for agricultural land acquisition and ownership that integrates a number of rules and limitations already applied by land administration authorities in other EU member countries. However, their systematic and cumulative use raises major questions in the application of the relevant laws in real–life situations; in addition, there are serious concerns about their compatibility with EU principles on legislation and jurisdiction(1). This paper summarises typical situations to illustrate the controversies of the regulations related to agricultural land acquisition and use in Hungary.

Open access

Michala Chadimova

Abstract

This article aims to describe the development process of superior respon­sibility doctrine at the Extraordinary Chambers in the Courts of Cambodia. Superior responsibility is contained in all Statutes of ad hoc tribunals and also the Rome Statute. However, the case of ECCC is distinctive for its special structure and applicable law. As such, the ECCC is being often called ‘hybrid’, court. This Article aims to analyse travaux préparatoires to the ECCC Statute and ECCC Statute itself when it comes to superior responsibility. This analysis will be followed by the ECCC case law. In 2019, the closure of ECCC is anticipated. As such, the first complex analysis on superior responsibility and its applicability by the ECCC is appropriate and can be used as guidance for other already established or future hybrid tribunals. To some extent, the findings can also be used for the application of superior responsibility by the ICC.

Open access

Magdalena Gruber

Abstract

This paper examines the Late Payment Directive of the European Union and seeks to answer the question of whether the provisions of the Directive apply to loan contracts in corporate transactions. The paper first describes and analyses the Late Pay­ment Directive and provides a comprehensive analysis of relevant arguments and legal sources. It then evaluates the different factors required by the Late Payment Directive and finally argues that the Late Payment Directive has to be applied to loan contracts and facility agreements, even if this is not explicitly foreseen in the Directive.

Open access

Bronislava Coufalová

Abstract

The criminal responsibility and the system of sanctioning juvenile offenders is one of fundamental criminal law issues. Individuals who start a criminal career early on are usually not easy to reintegrate into normal life. That is one reason why it is neces­sary to discuss the problem of juvenile justice in depth. The legal literature in the Czech Republic is devoted to this topic on a large scale, however Hungarian legislation has not yet been analysed fo purposes of comparation. The Czech Republic and Hungary fall under the United Nations categorization to Eastern Europe and therefore certain similar features can be assumed. On the other hand any identified differences may be the basis for future changes of the legislation.

Open access

Václav Stehlík

Abstract

The article analyses the decision of the EU Court of Justice in Coman in which the Court derived residence rights for spouses in the same-sex marriages. The article outlines the basic grounds of the judgement and critically appraises them in the context of EU primary as well as secondary law and especially Directive 2004/38. The article raises concerns about the division of competences between the EU and its Mem­ber States, extended interpretation of the term “spouse” in the context of EU law, human rights considerations as well as potential effects of the decision on national family law.