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Development of Superior Responsibility at the ECCC

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.

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Appraising the Role of African Union: the New Partnership for Africa’s Development in Conflict prevention and Management in Africa

Abstract

The New Partnership for Africa’s Development is the latest in a long line of initiatives or framework intended by African leaders to place African continent on a path of growth and sustainable development. The development challenges that face Africa are enormous and varied. Th e crisis of political instability, bad governance, lack of peace and security, poverty and diseases like HIV/AIDs. NEPAD recognized peace and security as condition for good governance and sustainable development. Therefore, in absence of peace and security, democracy and good governance cannot strive and where there is no good governance, we cannot witness sustainable development. This paper argues that peace and security has been elusive in much of Africa. The failure of the Organisation of African Unity to ensure peace and security in Africa and to address Africa’s post-cold war legion of challenges, the successor organisation, the African Union and its attendant development programme, the NEPAD were established. The first issue which is critical to NEPAD is, solving armed conflict and civil unrest on the continent. Currently, twenty percent of the people of Africa are living in condition of conflict. These conditions cause terrible suffering and hold back economic development in the affected countries. The extent of conflict is so great that the whole continent is affected and this creates a major barrier to inward investment. On the resolution, NEPAD is in a position to make considerable progress. It was learnt in Sierra Lone that with concentrated international eff ort, conflict can be successfully ended and institutions of a properly functioning state can begin to be rebuilt. The paper therefore examines the origin of the NEPAD, NEPAD and challenges of peace and security in Africa and involvement of AU/NEPAD in Darfur and Cote D’Ivoire crises. It further discusses the AU/NEPAD conflict mechanisms for conflict prevention, management and resolution and draw conclusion.

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Using Patent Development, Education Policy and Research and Development Expenditure Policy to Understand Differences Between Countries – The Case of Estonia and Germany

, vol. 111(2), pp. 793–828. DUBNER, Stephen. What Are the Secrets of the German Economy — and Should We Steal Them? [online]. Available at: http://freakonomics.com/podcast/secrets-german-economy-steal/ Accessed: 14.06.2019 DUTT, Pawan, FERRARO, Simona, CHOCHIA, Archil, MULJAR, Ramona. Using Patent Development, Education Policy and Research and Development Expenditure Policy to Understand Differences between Countries: The Case of Estonia and Finland. Baltic Journal of European Studies , 2018, 8 (1), pp. 123–153. Estonian Patent Office

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Post-Brexit. The Politics of Resentment and EU Reintegration: Creating A New Legal Constitution for Capitalism

York: The Lawbook Exchange, 2004. JONES, Franklin D. Historical Development of the Law of Business Competition, 36 Yale L.J. 42, 1926. KANTER, James. Far Right Leaders Hate EU Institutions But Like Their Paychecks . [online]. Available at < https://www.nytimes.com/2017/04/27/world/europe/ > 27 April 2017 [Accessed 31 March 2019]. KIRKA, Danica. UK Central Bank Tried to Soften BREXIT Shock in Economy, ABC News/Associated Press [online]. Available at https

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Particularity of Recognition and Enforcement of Foreign Arbitral Awards in the Russian Federation: Public Policy

Summary

This article elaborates on the issue of recognition and enforcement of foreign arbitral awards in the Russian Federation. It is common knowledge that foreign companies seeking R&E in Russia suffered damage because of the broad interpretation of Russian public policy in the past decades. However, it is uncertain how the present judicial development appears like and where it will lead in the future. The article specifically considers two basic ideas on the issue at hand: one is slightly critical (Karabelnikov) while the second is rather optimistic in regard with the recent development (Zykov). The main goal is to introduce the issue to the respective readers and to try to inflame a discussion.

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From Judicial Transplants to Judicial Translations: Constitutional Courts in Southern Africa – A Comparative Review

Summary

The contemporary legal landscape in Southern Africa and its responsiveness to the challenges in the region can be explained in many ways. Part of the explanation has been the idea of legal transplants—which entails borrowing and adapting legal norms, and structures from different legal systems in order to resolve legal problems in the region. The end of apartheid and other rapid changes in the region—political, racial, economic and social—has directly placed the courts on the frontlines of human rights protection especially on socio-economic rights and other overarching concerns of law reform. The adoption of constitutional courts in some of the countries, and consequent judicial activist turn in the jurisprudence of courts in the region generally; has inserted the courts into the mainstream of policy deliberations. Thus, this paper claims that legal transplant per se does not explain the full reality of what is going on in the region—in terms of nomativization, transmission, adoption, and adaptation of legal ideas within the respective systems in the region. It further claims that a mesh of different understandings and approaches to legal comparison and development is more suitable as a method of studying pluralist complex systems as we see in the region. Hence, the notion of judicial translation—the judiciary forming the membrane, purveyor and capillary of legal transmission—as an essential lens through which we can better view and understand the legal evolution in the region. Taking the institution of courts – particularly constitutional courts—and examining their jurisprudence as epitomized in some of their decisions of finality—the work seeks to begin a meaningful deliberation about the role of courts in law, social change, and policy in the region. It is divided into three major parts for ease of discourse. It is hoped that this would be a fitting exordium into the more significant meaning of legal transplant through judicial intervention in otherwise predominantly policy questions in the Southern African region.

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Circumventing Obligations Through Multinational Military Operations: Legal Consequences for Troop Contributing States

, David. ECOMOG: A New Security Agenda in World Politics. In BAKUT, Bakut Tswah, DUTT, Sagarika (eds.) Africa at the Millennium: An Agenda for Mature Development . Palgrave, 2000, pp. 177–202 Hague District Court, Mothers of Srebrenica vs The Netherlands, C/09/295247 / HA ZA 07-2973 International Law Commission. Draft Articles on the Responsibility of International Organizations and the accompanying Commentaries , 2011 ILC 63rd session, UN Doc. A/RES/66/10 MÖLDNER, Mirka. Responsibility of International Organizations – Introducing the ILC’s DARIO

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The Bits in the Age of Globalization

: Elgar, 2016. Moran, Theodore H. Foreign Direct Investment And Development: The New Policy Agen­da For Developing Countries And Economies In Transition. Washington: Peterson Insti­tute For International Economics, 2011. Moses, Margaret L. The Principles And Practice Of International Commercial Arbitration. Usa: Cambridge University Press, 2012. Osnos, Evan. Age Of Ambition: Chasing Fortune, Truth, And Faith In The New China. Usa: Farrar, Straus And Giroux, 2014. Paulsson, Jan, Douglas, Zachary. Indirect

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The Use of Internal Audit in Economic Development

Abstract

The functioning of modern public administration must necessarily be related to the audit of its activities. The Polish legal system stands out because of the following criteria, which are made in the supervisory system, namely: the legality, economy, reliability and usefulness.

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Migration – The Threat or the Chance of Development for the City?

Abstract

The article deals with the phenomena of human migration, especially migration from the rural surroundings to the city structures and legal approach to it. Author describes the acknowledgment and legal regulation of the migration into the city structures in ancient world (e.g. in Roman law), deals with the contemporary legal concepts related to this sort of migration in Polish law and evaluate the impact of EU law approach to this question. Finally author pleads against the protective and closing regulations and call for the open approach to the in-city migration flows.

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