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immunity. Th e structure of article derives from the argumentation presented by Germany and Italy in current dispute before the International Court of Justice. Author focuses his attention on delimitation of existing international legal framework and particularly on assessment of friction areas in German and Italian submissions. Th ree separate issues are analyzed: temporal, territorial and material. Keywords: State immunity, human rights violations, ius cogens Introduction At the end of 2008 Germany initiated proceedings against Italy before the International

References BARTKÓ, Róbert: Changing on the Principle of Legality in the Hungarian legal Fight against the Irregular Migration. International Journal of Current Advanced Research Vol. 6. issue 8. 2017. pp. 5352-5354. BARTKÓ, Róbert: The principle of fair trial with special reference to the temporal scope of the Hunarian Act on Criminal Procedure. In. Daniela Cickanová, Ivana Hapcová, Vladislav Micatek (edit.): BRATISLAVA LEGAL FORUM 2015. Collection of Papers from the International Academic Conference Bratislava Legal Forum 2015 organised by the Comenius

regime. The author explains the general issues, including the law applicable to the succession cases, thus, referring to exclusion of cer- tain matters, i.e. the areas which have not been covered by the provisions of the Regulation. In that scope, on the background of the solution assumed in Article 1.2, in reference to Article 23 of the Regulation, there may appear some doubts. Therefore the approach of the Spanish doctrine may seem interesting. Similar assessment may refer to transition and inter-temporal provisions, the practi- cal importance of which is of no

level of protection needed to make the European producers competitive. So, a high level of protection was decided on, with high taxes, quantity restrictions, and temporal restrictions. Th e taxes were focused on prices, forcing international producers to pay high taxes for accessing the European market. It made its products more expensive than the Europeans’, artifi cially increasing the competitiveness of the Euro- pean farmers in the European market. Quantity restrictions were important for restricting access of international production to the European market

preserved) in favour of general benefi t from the single market within the European economic space. Even though world-wide exhaustion of those rights does not exist,16 we may come across with it in some non-European bilateral trade agreements.17 In essence, there is nothing in it but a result of balancing the confl ict of territorial subjective private rights (including temporal trade monopolies in industrial property) with 15 For an overview see the author’s lecturing slides concerning Intellectual property rights in information society, presented in the

situation. Because these norms originate in different (independent) legal sys- tems, none of the traditional imperative relationships of supremacy (lex superior derogat legi inferiori), temporality (lex posterior derogat legi priori), or special- ity (lex specialis derogat legi generali) apply. The resolution of the relationship between these norms under such circumstances depends on the extent and will of national authorities to apply or rather accept the principle of primacy of EU law over national law (as the Court of Justice perceives it).2 The second type covers

permit, but all members agree with this transfer. Th e authoress states the restrictions on the transferability of the busi- ness shares resulting from the act, memorandum of association or from deci- sion-making practice of courts. She defi nes the restrictions determined by the memorandum of association those relating to the characteristics of the acquirer or temporal restrictions. She emphasizes that is needed to respect the principle of equal treatment with members. She also focuses on the grant of consent of the general meeting with the transfer of business

about functioning of an Islamic bank but one thing is sure – its services are not based on depositing or temporal provision of funds. An Islamic bank actually does off er temporary interest-free loans (qard hasan) out of charitable reasons but that is not repre- sentative at all for its business model. Th e bank rather acts as a businessman and is trading with goods (not money) that is sold or leased and from which the bank generates profi t (in the form of a „provision“, „fee“, or „rent“) or in the position of a business partner participates on real investments