scholarly journals The Development Standard Agreement Influences on National and International Business Practices

2016 ◽  
Vol 2 (3) ◽  
pp. 362
Author(s):  
Cindawati Cindawati
Keyword(s):  
International Trade ◽  
International Business ◽  
Rule Of Law ◽  
High Speed ◽  
Qualitative Method ◽  
Bulletin Board ◽  
Business Practices ◽  
The Rule Of Law ◽  
Contract Signing ◽  
The Right

The rapidly growing business traffic either nationally or internationally forces the business practices to establish a standard agreement to secure the products and to protect the buyer from any risks. The standard agreement successfully meets the demand of international trade which urgently need the high speed and the accuracy. The objective of this research is to find out how does the development of agreement affect to the commerce practices and what are the requirements of standard agreement in accordance with the right and obligation. A qualitative method is applied in searching data of business practices. This study uses a normative research which guides the rule of law or determines some business standards and norms. The finding of this study show that the development of agreement strongly affects to the commerce practices, and standar agreement is urgently needed by business practices as a guideline to perform business traffic as smooth as buyer and seller expect, then both seller and buyer should know the three alternative way used as the procedures of standard agreement, namely; contract signing, notification document agreement, and notification by bulletin board. At last, a standard agreement could be accepted as legal agreement corresponding to willingness and trustworthy.

PRINCIPLES OF STATE REGULATION OF THE ACTIVITIES OF BODIES OF THE STATE EXECUTIVE SERVICE AND PRIVATE EXECUTORS

2018 ◽  
Vol 1 (13) ◽  
pp. 69-77
Author(s):  
Mariіa Konstantinovna Kulava
Keyword(s):  
Public Administration ◽  
Rule Of Law ◽  
Social Relations ◽  
State Regulation ◽  
Court Decisions ◽  
Regulatory Requirements ◽  
The Rule Of Law ◽  
State Administration ◽  
Executive System ◽  
The Right

Within the presented article, taking into account already existing achievements of scientists, the concept, the main features of the principles of state administration of the executive system of Ukraine are defined. The principles of activity of executive bodies bodies according to the current legislation of Ukraine are determined. A brief description of the principles is presented, namely: the rule of law, legality, compulsory, independence, justice, impartiality and objectivity, discretion, transparency and openness of executive proceedings and its fixation by technical means, the reasonableness of the time limits for enforcement proceedings, the proportionality of enforcement measures and the amount of claims for decisions, the right to appeal decisions, actions or omissions of state executives, private performers. It is established that in general the principles of executive proceedings in the investigated normative acts are duplicated, in addition to the principles of independence and the right to appeal decisions, actions or inaction of state executives, private performers. The actual vision of the principles of public administration of the executive system of Ukraine is determined. The opinion on the need to supplement the list of principles with the following: the principle of equal competition between state and private performers through the balance between them; the principle of responsibility of the executive system bodies, their officials and private executors for damage caused as a result of violations of regulatory requirements; the principle of introducing effective incentives for voluntary implementation of decisions; the principle of professionalism and competence. Also, within the submitted article, it is stated that the use of the terms “principles” and “principles” in the Laws of Ukraine “On Bodies and Officials Performing Enforcement of Court Decisions and Decisions of Other Bodies”, “On Enforcement Proceedings”, which are adopted simultaneously and regulated, are unjustified, identical social relations.

An exposition of trade policy formulation through the issuing of "Trade Policy Directives" by the Minister of Trade, Industry and Competition under the International Trade Administration Act 71 of 2002

2021 ◽  
Vol 25 ◽  
Author(s):  
Clive Vinti
Keyword(s):  
International Trade ◽  
Trade Policy ◽  
Rule Of Law ◽  
Policy Formulation ◽  
Procedural Rationality ◽  
Abstract Section ◽  
The Rule Of Law ◽  
The Public ◽  
The Republic ◽  
A Charge

ABSTRACT Section 5 of the International Trade Administration Act 71 of 2002 (ITAA) provides that the Minister of Trade, Industry and Competition has the power to issue "Trade Policy Directives" subject to the procedures and requirements of the Constitution of the Republic of South Africa, 1996 (Constitution) and other laws. However, there is uncertainty as to how trade policy is formulated under section 5 of the ITAA and the rights of affected parties in this regard. Thus, this article offers an exposition of the process of trade policy formulation under section 5 of the ITAA. To this end, it is my view that trade policy formulation under section 5 must be guided by section 195 of the Constitution, which requires that the public must be "encouraged" to participate in policy formulation and that this must occur in a climate of openness, transparency and accountability. In the narrower sense, it is also my view that interested parties must be given an opportunity to participate in trade policy formulation on the ground of procedural rationality and to avoid a charge of arbitrariness as twin components of the rule of law. Keywords: Trade policy; International Trade Administration Act; rule of law; legality; rationality; arbitrariness; transparency; accountability; governance.

NAČELO PRILAGOĐENOSTI USLUGE I PRAVO NA SLOBODAN IZBOR

2021 ◽  
Author(s):  
Jelena Janković ◽  
Keyword(s):  
Rule Of Law ◽  
Service Sector ◽  
Free Choice ◽  
Moral Authority ◽  
Service Users ◽  
Service Economy ◽  
Moral Dimension ◽  
The Rule Of Law ◽  
Legal Relationship ◽  
The Right

The first step of a positive change in the system of service-legal relations is a change of view on the role and importance of service users. By providing opportunity to the service user to be an active and important member of the service-legal relationship, a far-reaching and universal value of humanization of the service economy sector is achieved. In such circumstances, the moral authority of the service law is realized through its justice and through voluntary obedience to the law of the subjects of the service-legal relationship. Precisely, this moral dimension of the rule of law, in the service economy sector is realized by applying the principles of service suitability and the right to free choice. In this regard, the paper analyzes the moral dimension and culture of the rule of law in the service sector, based on the principle of service suitability and the right to free choice, which are presented in the paper as guardians of justice of the service-legal norm.

Judicial independence as a precondition for mutual trust? The CJEU in Minister for Justice and Equality v. LM

2018 ◽  
Vol 9 (3) ◽  
pp. 353-365 ◽  
Author(s):  
Petra Bárd ◽  
Wouter van Ballegooij
Keyword(s):  
Member State ◽  
Rule Of Law ◽  
Mutual Recognition ◽  
Judicial Independence ◽  
Fundamental Rights ◽  
Judicial Cooperation ◽  
The Rule Of Law ◽  
State Compliance ◽  
The Right ◽  
The Eu

This article discusses the relationship between judicial independence and intra-European Union (EU) cooperation in criminal matters based on the principle of mutual recognition. It focuses on the recent judgment by the Court of Justice of the EU in Case C-216/18 PPU Minister for Justice and Equality v. LM. In our view, a lack of judicial independence needs to be addressed primarily as a rule of law problem. This implies that executing judicial authorities should freeze judicial cooperation in the event should doubts arise as to respect for the rule of law in the issuing Member State. Such a measure should stay in place until the matter is resolved in accordance with the procedure provided for in Article 7 TEU or a permanent mechanism for monitoring and addressing Member State compliance with democracy, the rule of law and fundamental rights. The Court, however, constructed the case as a possible violation of the right to a fair trial, the essence of which includes the requirement that tribunals are independent and impartial. This latter aspect could be seen as a positive step forward in the sense that the judicial test developed in the Aranyosi case now includes rule of law considerations with regard to judicial independence. However, the practical hurdles imposed by the Court on the defence in terms of proving such violations and on judicial authorities to accept them in individual cases might amount to two steps back in upholding the rule of law within the EU.

scholarly journals The Language Features and Translation of Business Contracts

2021 ◽  
Vol 2 (2) ◽  
pp. p42
Author(s):  
Li Chunying
Keyword(s):  
International Trade ◽  
International Business ◽  
Foreign Relations ◽  
High Speed ◽  
Negative Impact ◽  
Chinese Economy ◽  
Business Contract ◽  
Reform And Opening Up ◽  
Opening Up

Since the reform and opening up policy was adopted, Chinese economy has been keeping on developing with high speed, so as to its international trade. Therefore, English business contracts are widely used in the foreign economic and trade activities. However, we also find that there are still many foreign-related economic disputes which mainly caused by the ambiguity of translation happening in these trades. Due to the unclear rules of the parties’ obligations and rights, the improper translation of the contract, the meaning vague and the loose broad, the parties are tracked in this situation where any part of them could intentionally or unintentionally exploited a contractual loophole to avoid responsibility and obligation, which would lead to a dispute. The distortion of translation can lead to the fuzziness and uncertainty of contract which can be easily exploited by commercial fraud to evade responsibility; this situation is happened in reality and practice which has negative impact on foreign relations and trade. In order to make the business activities carried out more effectively, this article will discuss it mainly from the perspective of lexical characteristics and translation principal of business contract in order to make the translation be more accurate to benefit international business trade.

scholarly journals Perspektif Gender dalam Putusan Pengadilan Pada Kasus Pelecehan Seksual

2020 ◽  
Vol 22 (2) ◽  
pp. 345-362
Author(s):  
Elisabeth Yulia Rana Sinta Dewi ◽  
Melina Gabrila Winata ◽  
Ella Yolanda Sakerebau
Keyword(s):  
Sexual Harassment ◽  
Rule Of Law ◽  
Random Sampling ◽  
Justice System ◽  
Sampling Method ◽  
Criminal Code ◽  
National Commission ◽  
Court System ◽  
The Rule Of Law ◽  
The Right

Penelitian ini bertujuan untuk menghapuskan pandangan diskriminatif akibat dipengaruhi oleh budaya patriarki yang menyebabkan terabaikannya nilai-nilai keadilan moral, sehingga diperlukan kesadaran akan kesetaraan gender dalam kepastian hukum dan dalam sistem peradilan. Metode dalam penelitian ini menggunakan metode yuridis empiris dengan bahan primer berupa wawancara dan putusan pengadilan yang diambil secara random sampling, serta bahan hukum sekunder berupa buku, literatur, jurnal serta peraturan perundang-undangan. Substansi Kitab Undang-Undang Hukum Pidana dalam penanganan kasus pelecehan seksual saat ini tidak lagi memadai, karena per-kembangan jenis macam pelecehan seksual menurut Komnas Perempuan. Penelitian ini menyimpulkan bahwa pertimbangan hukum yang dilakukan oleh hakim lebih memper-timbangkan faktor perbuatan daripada faktor korban. Dalam tiga kasus yang penulis teliti penjatuhan pidana jauh di bawah hukuman maksimal akibat penafsiran KUHP yang dilakukan hakim secara gramatikal yang terkurung oleh positivisme. Padahal penemuan hukum oleh hakim akan membentuk yurisprudensi dapat digunakan pada masa mendatang dengan lebih memperhatikan keadilan dan hak pemulihan bagi korban. Gender Perspective in the Court System on Sexual Harassion Cases This study aims to eradicate discriminatory views influenced by patriarchal culture which results in the neglect of moral values, so that awareness of gender equality is needed in the rule of law and in the justice system. This study uses empirical juridical methods. Primary legal materials was collected by conducting interviews and analyzing court decisions taken by random sampling method, as well as secondary legal materials was collected from books, literature, journals and statutory regulations. The substance of the Criminal Code in handling sexual harassment cases is currently no longer adequ-ate, due to the development of types of sexual harassment according to the National Commission on Women. This research concludes that the judge considers the act factor rather than the victim factor. In the three cases the author examined, criminal conviction was far below the maximum sentence due to grammatically interpretation of the Criminal Code by judges confined by positivism perspective. Though the legal finding (rechtvinding) by the judge will form jurisprudence, which can be used in the future by focusing more to justice and the right of recovery for victims.

scholarly journals The independence and impartiality of the hybrid CETA Investment Court System: Reflections in the aftermath of Opinion 1/17

2020 ◽  
Author(s):  
Maria Fanou
Keyword(s):  
Rule Of Law ◽  
Trade Agreement ◽  
Judicial Independence ◽  
Court System ◽  
Eu Law ◽  
The Rule Of Law ◽  
Court Of Justice ◽  
The Right ◽  
Right Of Access ◽  
The Eu

In its recent Opinion 1/17, the Court of Justice of the EU (CJEU) examined the compatibility of an external judicial body, the Investment Court System (ICS) under the EU–Canada Comprehensive and Economic Trade Agreement (CETA), with EU law. At a time when judicial independence has arisen as one of the main challenges for the rule of law in the EU, this article discusses the Court’s findings in relation to the compatibility of the ICS with the right of access to an independent and impartial tribunal.

scholarly journals Market Freedom as Antipower

2013 ◽  
Vol 107 (3) ◽  
pp. 593-602 ◽  
Author(s):  
ROBERT S. TAYLOR
Keyword(s):  
Market Power ◽  
Rule Of Law ◽  
Adam Smith ◽  
Economic Policies ◽  
Competitive Markets ◽  
Economic Exchange ◽  
The Rule Of Law ◽  
Philip Pettit ◽  
Gerald Gaus ◽  
The Right

Historically, republicans were of different minds about markets: some, such as Rousseau, reviled them, while others, like Adam Smith, praised them. The recent republican resurgence has revived this issue. Classical liberals such as Gerald Gaus contend that neorepublicanism is inherently hostile to markets, while neorepublicans like Richard Dagger and Philip Pettit reject this characterization—though with less enthusiasm than one might expect. I argue here that the right republican attitude toward competitive markets is celebratory rather than acquiescent and that republicanism demands such markets for the same reason it requires the rule of law: because both are essential institutions for protecting individuals from arbitrary interference. I reveal how competition restrains—and in the limit, even eradicates—market power and thereby helps us realize “market freedom,” i.e., freedom as nondomination in the context of economic exchange. Finally, I show that such freedom necessitates “Anglo-Nordic” economic policies.

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