Revisiting Legal Foundations of Crisis Standards of Care

2019 ◽  
Author(s):  
James G. Hodge
Keyword(s):  
Standards Of Care ◽  
Legal Foundations

JUDICIARY AND JUDICIARY OF UKRAINE IN THE CONTEXT OF THE NATIONAL MENTALITY

2019 ◽  
pp. 88-97
Author(s):  
Oleksandr Byrkovych
Keyword(s):  
Scientific Knowledge ◽  
Practical Importance ◽  
Constitutional Court ◽  
State Institutions ◽  
Radical Reform ◽  
Legal Studies ◽  
National Tradition ◽  
Scientific Institutions ◽  
Legal Foundations ◽  
Constitutional Right

Purpose. The purpose of the article is to identify the fundamental values of the Ukrainian people, on the basis of which not only his mentality, but also all national-state institutions, including institutions of justice and justice, as well as to identify trends of influence of these values on the further development of legal foundations of the judiciary and justice of Ukraine. Method. The methodological basis of the study was the combination of principles and methods of scientific knowledge. For the objectivity of the research, a set of general scientific, special-legal, special-historical and philosophical methods of scientific knowledge was used. Results. At the current stage of reforming the institutions of the judiciary and the judiciary, the notion of fair justice, which is formed on the basis of popular national culture, plays an important role. Given the functioning of the modern Constitutional Court of Ukraine, whose representatives are formed by delegation to the Verkhovna Rada of Ukraine, the President of Ukraine, the Cabinet of Ministers of Ukraine and the judiciary, this institution needs radical reform as it has repeatedly made political rather than constitutional decisions. Scientific novelty. Based on the analysis of the national tradition of justice, it is established that the Constitutional Court should be formed by public organizations, which are formed by legal experts. There are several higher scientific institutions in Ukraine which have departments, constitutional law research institutes. Their representatives should delegate the best experts in the constitutional right to competitive selection to fill vacancies in the constitutional court. Practical importance. The results of the study can be used in further historical and legal studies, preparation of special courses.

TRANSFORMATIONS IN THE JUDICIAL SYSTEM OF THE SMOLENSK REGION (1917–1922)

2020 ◽  
pp. 165-175
Author(s):  
Konstantin Kupchenko ◽  
Nikolay Fedoskin
Keyword(s):  
The State ◽  
Economic Consequences ◽  
Judicial System ◽  
State Archive ◽  
Red Army ◽  
History Of ◽  
Legal Foundations ◽  
Party State ◽  
State Regional ◽  
Soviet Experience

The article analyzes the results of the state policy implementation withing the formation and development of the Soviet judicial system on the example of Smolensk Governoral Court. The authors set the goal, based on the analysis of sources not introduced into a wide scientific circulation, primarily stored at the State Archive of the Smolensk Region to restore the history of the creation and operation of justice institutions in the Smolensk region in the 1918s–1923s. The source base of the study was composed of documents stored at Smolensk State Regional Archive, materials on the history of the judiciary, statistical materials of the period under the study, documents on the history of the party-state bodies of the Smolensk region. The article studies current office documentation of both the higher and regional state bodies (Workers 'and Peasants' Government, People's Commissariat of Justice, Smolensk Governoral Executive Committee) and local authorities (Smolensk Council of Working People's Deputies, Executive Committee of Smolensk Governoral Council of Workers, Peasants' and Red Army Deputies), as well as Smolensk Governoral Court. The authors analyze the Soviet experience in the formation and development of judicial bodies under specific historical conditions; they consider transformations in the judicial system of the Smolensk Governorate in the 1917s–1922s, as well as the formation of Smolensk Governoral Court. The article studies legal foundations of the Soviet judicial system formation, characterizes processes of creating a judicial apparatus in the first years of Soviet power and analyzes activities of Smolensk Governoral Court during its formation. The authors reveal the essence, degree of efficiency, concrete results, political and socio-economic consequences, positive and negative lessons from the Soviet judicial system existed in Russia. The authors assume that the development of new legislation system in the 1920s was caused by the need to reform legal sources as the main means of socialism building. The authors conclude that the transformation of the Soviet judicial system completed the transition from the principle of «revolutionary expediency» to the principle of «revolutionary legality».

The Trouble with Foreign Investor Protection

2020 ◽  
Author(s):  
Gus Van Harten
Keyword(s):  
International Law ◽  
Dispute Settlement ◽  
Foreign Investor ◽  
Foreign Investors ◽  
Global Context ◽  
Cross Border ◽  
Massive Growth ◽  
Main Effect ◽  
History Of ◽  
Legal Foundations

Governments are rightly discussing reform of investment treaties, and of the powerful system of ‘investor–state dispute settlement’ (ISDS) upon which they rest. It is therefore important to be clear about the crux of the problem. ISDS treaties are flawed fundamentally because they firmly institute wealth-based inequality under international law. That is, they use cross-border ownership of assets, mostly by multinationals and billionaires, as the gateway to extraordinary protections, while denying equivalent safeguards to those who lack the wealth required to qualify as foreign investors. The treaties thus have the main effect of safeguarding an awe-inspiring set of rights and privileges for the ultra-wealthy at the expense of countries and their populations. This book shows how ISDS came to explode in a global context of extreme concentration of wealth and of widespread poverty. The history of early ISDS treaties is highlighted to show their ties to decolonization and, sometimes, extreme violence and authoritarianism. Focusing on early ISDS lawsuits and rulings reveals how a small group of lawyers and arbitrators worked to create the legal foundations for massive growth of ISDS since 2000. ISDS-based protections are examined in detail to demonstrate how they give exceptional advantages to the wealthy. Examples are offered of how the protections have been used to reconfigure state decision making and shift sovereign minds in favour of foreign investors. Finally, the ongoing efforts of governments to reform ISDS are surveyed, with a call to go further or, even better, to withdraw from the treaties.

Fiduciary Principles in Contemporary Common Law Systems

2019 ◽  
pp. 564-582
Author(s):  
Matthew Conaglen
Keyword(s):  
United States ◽  
Common Law ◽  
The United States ◽  
Good Faith ◽  
Fiduciary Duty ◽  
Standards Of Care ◽  
Duty Of Care ◽  
Fiduciary Duties ◽  
Similarities And Differences ◽  
Fiduciary Relationships

This chapter examines the principles of fiduciary doctrine that are found in contemporary common law systems. More specifically, it considers the current similarities and differences between various jurisdictions such as England, Australia, Canada, and the United States. The similarities focus on the duties of loyalty, care and skill, and good faith, as well as when fiduciary duties arise and the kinds of interests that are protected by recognition of fiduciary relationships. The chapter also discusses the issue of differences between various jurisdictions with regard to the duty of care and skill before concluding with an analysis of differences between remedies that are made available in the various contemporary common law jurisdictions when a breach of fiduciary duty arises. It shows that the regulation of fiduciaries appears to be reasonably consistent across common law jurisdictions and across various types of actors, even as such actors are expected to meet differing standards of care. Statute plays a key role in the regulation of various kinds of fiduciary actors, especially corporate directors.

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