scholarly journals The Concept of Recovery of Credit Institutions in the Bank Recovery and Resolution Directive

2019 ◽  
Vol 28 ◽  
pp. 103-111
Author(s):  
Märt Maarand
Keyword(s):  
Early Intervention ◽  
Direct Connection ◽  
Credit Institution ◽  
Legal Rules ◽  
Recovery Planning ◽  
Intervention Measures ◽  
Rules And Principles ◽  
Two Measures ◽  
State Liability ◽  
Credit Institutions

New regulations, obligations for credit institutions, and powers for authorities were created by the Bank Recovery and Resolution Directive (BRRD). While resolution of a credit institution is clearly defined, it is less clear whether recovery of a credit institution could and should be treated as a separate concept under the BRRD; which elements it encompasses; and how these elements enhance and are linked with the pre-existing prudential regulation, processes, and tools. The problem is that if recovery is to be deemed a differentiable concept, specific legal rules and principles could be applicable that are separate from the prudential or the resolution framework – whether existing ones or other, easily developed rules and principles. This is particularly crucial when authorities exercise powers related to recovery, because following appropriate rules and principles has a direct connection with state liability. In consideration of these issues, the article presents several important conclusions: Firstly, recovery in the sense applied in the BRRD can be distinguished from both the prudential framework and the concept of resolution, on the basis of function; the concept of recovery can be considered to consist of recovery planning, early intervention measures, and two measures of further intervention that can be employed. Some early intervention measures are recovery-specific and broaden the supervisory powers significantly, while others do not and show overlap with supervisory powers derived from the prudential framework. Recovery planning and exercising early intervention measures can take place in parallel with processes connected with the prudential framework while nonetheless maintaining recovery as a usefully separate concept.

Retour sur la cohabitation entre le droit CEMAC et le droit OHADA dans la liquidation des établissements de crédit en Afrique centrale

2021 ◽  
Author(s):  
Tchotchou Petche Kamga Camille
Keyword(s):  
Credit Institution ◽  
The Real ◽  
Banking Regulations ◽  
Banking Activity ◽  
Afrique Centrale ◽  
Credit Institutions

Abstract La liquidation des compartiments bancaire et non bancaire des établissements de crédit se caractérise par un dualisme juridique. Au premier compartiment est appliqué le droit CEMAC, tandis que le second compartiment est soumis au droit OHADA. Ce dualisme juridique est marqué par la prééminence de la réglementation bancaire CEMAC en raison de la spécificité de l’activité bancaire. Toutefois, cette prééminence n’est pas sans ambages. La réglementation bancaire CEMAC s’entremêle dans le processus de liquidation du compartiment non bancaire, pourtant dédié au droit OHADA, et de ce fait, relègue celui-ci à une position subsidiaire dans son « propre empire ». Cet imbroglio juridique crée une situation d’inconfort juridique pour toute personne qui sera chargée d’assurer la liquidation d’un établissement de crédit. Elle devra faire preuve de subtilité et de sagacité pour démêler et identifier, à chaque étape de la procédure, la véritable règle applicable. Mots-clésdroit CEMAC, droit OHADA, liquidation, procédures collectives, établissements de crédit Summary The liquidation of the banking and non-banking compartments of credit institutions is characterized by legal dualism. CEMAC law is applied to the first compartment and the second compartment is subject to OHADA law. This legal dualism is marked by the pre-eminence of the CEMAC banking regulations due to the specificity of the banking activity. However, this pre-eminence is not without ambiguity. The CEMAC banking regulations are interwoven in the process of liquidating the non-banking compartment, which is nevertheless dedicated to OHADA law, and therefore relegates it to a subsidiary position in its “own empire”. This legal imbroglio creates a situation of legal discomfort for anyone who will be responsible for liquidating a credit institution. He will have to show subtlety and sagacity to disentangle and identify, at each stage of the procedure, the real applicable rule.

scholarly journals LEGAL RIGHTS OF INTERNATIONAL WATER RESOURCES: A CASE OF TIGRIS AND EUPHRATES RIVERS

2021 ◽  
Vol 6 (22) ◽  
pp. 130-137
Author(s):  
Omar Ahmed Hussein ◽  
Khadijah Mohamed
Keyword(s):  
Water Resources ◽  
International Law ◽  
Legal Rights ◽  
Research Approach ◽  
Legal Research ◽  
Legal Rules ◽  
Rules And Principles ◽  
International Water ◽  
Substantive Law ◽  
International Conventions

This paper aims to examine Iraq’s rights, being the downstream country, towards the use of Tigris and Euphrates Rivers and the extent to which international water resources are protected under international law. Being the downstream country, projects constructed on the banks of Tigris and Euphrates Rivers had significantly impacted Iraq as less water flows into the country. The discussion in this paper outlines principles of the existing international conventions and protocols in this area by adopting a doctrinal legal research approach which has great significance to understand the relevant substantive law through the analysis of legal rules, court judgments, and statutes. The paper concludes that historically, Iraq had an acquired right, a right confirmed by the international rules and principles, to share the usage of water from the Tigris and Euphrates Rivers with the upstream countries comprising of Turkey, Syria, and Iran. This paper suggests that all riparian countries of the Tigris and the Euphrates should abide by the rules of international law and recognize Iraq’s historical water ratios of these rivers based on the principle of the acquired right under international law.

1. Foundations and structure of international law

2019 ◽  
pp. 1-20
Author(s):  
Anders Henriksen
Keyword(s):  
International Law ◽  
Legal System ◽  
Historical Overview ◽  
Public International Law ◽  
Legal Rules ◽  
System P ◽  
Rules And Principles ◽  
The Subject ◽  
International Legal System ◽  
The Relationship

This chapter introduces the subject of public international law and provides an overview of its most important elements. It begins with a brief historical overview of international law. It then presents the international legal system consisting of different structures of legal rules and principles; discusses the basis of international legal obligation; offers a brief overview of the relationship between international law and national law; and deals with the issue of enforcement. The chapter concludes with some remarks about the alleged inadequacies of international law and the tension between notions of justice and order that is so prevalent within the international legal system.

Islam and international law

2005 ◽  
Vol 87 (858) ◽  
pp. 269-283 ◽  
Author(s):  
Sheikh Wahbeh al-Zuhili
Keyword(s):  
International Relations ◽  
International Law ◽  
Legal Rules ◽  
The World ◽  
The Status ◽  
Rules And Principles ◽  
Internal Affairs ◽  
The Relationship

AbstractThis article by an Islamic scholar describes the principles governing international law and international relations from an Islamic viewpoint. After presenting the rules and principles governing international relations in the Islamic system, the author emphasizes the principles of sovereignty and non-interference in the internal affairs of other States and the aspiration of Islam to peace and harmony. He goes on to explain the relationship between Muslims and others in peacetime or in the event of war and the classical jurisprudential division of the world into the abode of Islam (dar al-islam) and that of war (dar al-harb). Lastly he outlines the restrictions imposed upon warfare by Islamic Shari'a law which have attained the status of legal rules.

scholarly journals Droit et Semiotique: La Cohérence Narrative

2011 ◽  
Vol 42 (2) ◽  
pp. 331
Author(s):  
Sylvie André
Keyword(s):  
Social Sciences ◽  
Narrative Theory ◽  
Large Fraction ◽  
Contemporary Society ◽  
Human Race ◽  
Legal Rules ◽  
The Social ◽  
Rules And Principles ◽  
New Perspective

In this article, Professor André considers the nature of legal rules, their methods of creation and their interpretation and application. The role of modern narrative theory in answering these perennial questions is explored and two conclusions are reached: first, the classic explanations of legitimacy that underpin reasoning in the social sciences are increasingly losing ground; and, secondly, contemporary literary accounts based on the reasons for this loss of ground provide a strong challenge to narratives of coherence that are closely linked to Western culture. The existing model of knowledge does not correspond to the reality of contemporary society; the rules and principles that even today are still regarded as universal are seen by a large fraction of the human race as relative and cultural. Insights from narrative theory show that the perennial law questions must now be revisited with a new perspective.

scholarly journals Early Intervention Measures for Refractive Error

2011 ◽  
Vol 4 (8) ◽  
pp. 1-3
Author(s):  
E. NILA ETHEL ◽  
◽  
Dr. P. NAGALAKSHMI Dr. P. NAGALAKSHMI
Keyword(s):  
Early Intervention ◽  
Refractive Error ◽  
Intervention Measures

scholarly journals Destructive trends in contemporary armed conflicts and the overlooked aspect of intangible cultural heritage: A critical comparison of the protection of cultural heritage under IHL and the Islamic law of armed conflict

2021 ◽  
pp. 1-20
Author(s):  
Victoria Arnal
Keyword(s):  
Cultural Heritage ◽  
Islamic Law ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Intangible Cultural Heritage ◽  
Humanitarian Law ◽  
Legal Rules ◽  
Legal Traditions ◽  
Law Of Armed Conflict ◽  
Rules And Principles

Abstract The destruction of cultural heritage in armed conflicts has gained increasing political momentum and visibility over the last two decades. Syria, Iraq and Mali, among others, have witnessed the intentional destruction of their cultural heritage by non-State armed groups (NSAGs) that have invoked Islamic law and principles to legitimize their actions. The response of the international community has predominantly focused on the material aspect, to the detriment of the significant impact on the associated intangible manifestation of cultural heritage in local communities. This article argues that several Islamic legal rules and principles may, more adequately than international humanitarian law, safeguard the intangible dimension of cultural heritage in certain contemporary armed conflicts in Muslim contexts. It aims to demonstrate the importance of drawing from multiple legal traditions in order to enhance the protection of intangible cultural heritage in armed conflicts and to strengthen engagement with the relevant NSAGs.

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