Global ETD Search
Search theses and dissertations gathered from participating repositories worldwide. Every result links back to the library that holds it. No account is needed.
Results
Showing 1 to 20 of 31 for “"National courts"”.
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A perspective of the role of Tanzanian national courts in commercial arbitration
Includes bibliographical references.
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The principle of effective judicial protection in actions for breach of community law before the national courts
… to enforce their Community rights before the national courts through the application of this principle. It analyses and evaluates the development of the principle of effective judicial protection from the Court's judgment in Humblet to the present, exploring, in particular, its origin, legal …
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An analysis of the legal regime governing transfer of cases from the International Criminal Tribunal for Rwanda (ICTR) to the Rwandan domestic justice system
The International Criminal Tribunal for Rwanda (ICTR), established by the United Nations Security Council was originally set to wind up its affairs in 2010. However, by Resolution 1901 of the Security Council, ICTR's mandate has been extended to 2012.This will necessitate the transfer of residual …
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Interactions between courts and administrative authorities in EU competition law enforcement
… enforcement from the European Commission to national competition authorities and national courts, while the European Commission remains central to the system. This thesis responds to a need for research into how institutions interact in this system of concurrent competences to effectively …
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Verslo perdavimo samprata pagal Direktyvą 2001/23/EB /
… law of the European Union Court of Justice and national courts are not absolute, they also vary according to the specifics of business activity. In addition, in the abundance of court decisions it is difficult to select which of the criteria describing business transfers are relevant in a …
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Causation in private enforcement of competition law: a comparative analysis of divergent national approaches
… of the causal connection. By consequence, national courts apply domestic principles of causations, which are deeply rooted in their legal traditions. This thesis first addresses the concept of causation in competition law damages actions, discussing the main and more relevant approaches in …
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Ukraine’s Quest for Justice: Accountability for Atrocities Committed in the Russia-Ukraine War
… and humanitarian law violations merit international prosecution. It also assesses the suitability and feasibility of various mechanisms, such as establishing national courts, "internationalized" or "hybrid" tribunals, or resorting to the International Criminal Court (ICC), drawing insights …
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Preserving patent policy space and securing access to medicines in developing countries: the role of states and pharmaceutical corporations
… interpretation, and enforcement of their national patent laws. The thesis provides a systematic analysis of court decisions from four key developing countries (Brazil, India, Kenya, and South Africa) and it assesses how the national courts in these countries resolve the tension between …
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The disapplication of national laws by administrative bodies
… administrative decision makers are to disapply national laws which are incompatible with EU law. This principle has comparatively recently received the attention of the Court of Justice in the case of Minister for Justice and Equality v Workplace Relations Commission (hereafter referred to as …
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Private enforcement of European Union Law in the Irish Superior Courts
… breaches of EU law became actionable before the national courts of the Member States. This is referred to as the “private enforcement” of EU law. However, in order to make its vision of the EU legal order a reality, the Court of Justice relies on the willingness of national courts to share and …
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The locus of power in the European Union: determining whether judicial power will remain at the nation state level or if the European Union will merge into a federal institution
… for the European Union ("EU") and other supra-national systems has predominantly focused on an understanding of post-Civil War American federalism. It remains, on that account, extremely superficial.' Backer notes that there are important lessons to learn from Calhoun's marginalized …
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At the intersection of court proceedings and arbitration in Europe: the exclusion of arbitration in the Brussels Ia Regulation
… chronologically all possible involvements of national courts in arbitral proceedings in order to give an overview of the (in-) applicability of the Brussels Ia Regulation to them. For this purpose, the relevant case law of the CJEU and the related legal developments beginning with the adoption …
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Hybrid and Internationalized Criminal Tribunals: Jurisdictional Issues
… accused of serious violations of international humanitarian law and international human rights. These tribunals have been described as 'hybrid' or 'internationalised' tribunals as their structure and applicable law consist of both international and national elements. Six such tribunals …
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Atsakomybė už viešojo administravimo subjektų asmenims padarytą žalą Lietuvoje /
… attention is paid to the “grey areas” where the national courts have not formed the clear and unanimous criteria of public liability. In this approach the relation between illegality of administrative acts and unlawfulness as a condition of civil liability, the results of unlawful regulatory act, …
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Giurisprudenza della Corte di Giustizia e Amministrazione nazionale: poteri, doveri e spunti per un’analisi comparata
… Court of Justice is very different from other courts, both domestic and international. Her original main role focused on uniform intepretation of European law. This function may be related just to intepretation of rules. But, sometimes, the Court also create rules and principles, that became …
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Fallahin on Trial in Colonial Egypt: Apprehending the Peasantry through Orality, Writing, and Performance
… tried for murder by newly created "native" or "national" courts between 1884 and 1914. Through the study of 2,000 pages of criminal files, I deconstruct how the colonial state used the modern techniques of judicial orality, writing, and performance, both to justify a series of reforms that …
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EU advancement to the detriment of the ‘best interests’ of the child? The rules on jurisdiction, recognition and enforcement in Brussels II bis and in two Hague Conventions
… Abduction, with its well-established set of international rules and the related definitions based on a considerable body of case law. The interrelation has given rise to difficulties of application and issues of interpretation despite the existence of a set of rules supposed to regulate the …
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The right to sexual orientation and LGBTIQ+ rights: a case study of Zimbabwe and Nigeria
… Constitutions, this study argues that international human rights law is evolving to include sexual orientation as a prohibited ground of discrimination. To support this conclusion, relevant findings of international human rights treaty bodies, such as the Human Rights Committee, and regional …
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The relationship between national and international jurisdiction for ‘core crimes’ under international law-a critical analysis
… crimes against humanity and war crimes at both national and international level, a number of pertinent issues come up concerning the Court which should have primacy to deal with a particular case. States have had a variety of options at their disposal, such as complementarity, exclusivity, …
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