International Parental Abduction, A Study of Foreign & Domestic Laws with Judicial Decisions on Cross Border Child Disputes.

2021 ◽  
Author(s):  
Ninad Shah
Keyword(s):  
Judicial Decisions ◽  
Cross Border ◽  
Parental Abduction

Dochodzenie roszczeń ze sprzedaży towarów w obrocie międzynarodowym na obszarze UE. Zagadnienie jurysdykcji

2016 ◽  
pp. 107-122
Author(s):  
Agata Michalska-Olek
Keyword(s):  
European Union ◽  
European Parliament ◽  
The European Union ◽  
Community Law ◽  
Judicial Decisions ◽  
Cross Border ◽  
National Jurisdiction ◽  
Recognition And Enforcement ◽  
The Way

The article aims to show the possible ways of judicial redress for claims resulting from sales of goods especially including the issue of jurisdiction and application of the provisions of national law or the provisions of Community law. In the article the provisions of the Convention of 30 October 2007 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters as well as the provisions of regulations of the European Parliament and of the Council were widely discussed. The author discusses in particular the issue related to cross-border contracts for the sales-of-goods within the European Union. Part of the deliberations concerns judicial rulings, in particular judicial decisions issued in cases in which the court shall consider the issue of jurisdiction of its own motion. In the conclusion of the article it is stated that the choice between the national jurisdiction and the jurisdiction of other states will depend on the terms of agreement between the parties as well as the documents related to the transaction, in particular consignment notes (CMR), and the EXW clauses – such a formulation means that the parties agreed to the way of delivery of goods according to the commercial (Incoterms) clauses, determining in such a way the issue of jurisdiction.

The Judicial Control of a Cross-Border Merger approved by means of an abusive resolution

2021 ◽  
Vol 18 (5) ◽  
pp. 773-793
Author(s):  
Andrés Recalde-Castells ◽  
Antonio Roncero-Sánchez
Keyword(s):  
Company Law ◽  
European Court Of Justice ◽  
Freedom Of Establishment ◽  
Judicial Control ◽  
Applicable Law ◽  
Appeal Court ◽  
Judicial Decisions ◽  
Cross Border ◽  
Court Of Justice ◽  
European Court

The fight for the control of the Mediaset group has given rise to several judicial decisions issued in various national jurisdictions and even by the European Court of Justice. Three orders of Spanish Courts have been of particular interest. Two of them were issued by a Commercial Court in Madrid and the third one was issued on appeal by the Provincial Appeal Court Madrid. They instructed the suspension of the shareholders meeting resolutions of the Spanish Mediaset company approving a cross-border merger. The content of this resolution was to approve the acquisition of the Spanish company by another company domiciled in the Netherlands thus changing the applicable law. The resolution approving the merger was presumed (provisionally) to be abusive and, eventually, null and void. The decisions of the Spanish Court were grounded on the fact that the articles of association of the resulting Dutch company would be detrimental to the minority in the Spanish company. This limits the freedom of establishment (Art. 49 TFEU) and is based on a multilevel scrutiny, resulting from the national laws applicable to each company that participates in the merger. Those judicial decisions handled with other issues of interest in company law, such as the conclusive effect of the registration of a cross-border merger, the legitimation of the minority to challenge shareholders resolutions, or the effects of a shareholders meeting resolution replacing a previous merger resolution that has been challenged before the courts.

SATISFACTION LEVEL OF THE FIRST THAI-LAOS FRIENDSHIP BRIDGE AND CROSS-BORDER TRANSPORTATION CHECKPOINT SYSTEM

2013 ◽  
Author(s):  
Sethapong Jarusombathi ◽  
◽  
Pimnapa Pongsayaporn ◽  
Veeris Amalapala
Keyword(s):  
Satisfaction Level ◽  
Cross Border

Cross-border Migration and Gender Boundaries in Central Eastern Europe – Female Perspectives

2020 ◽  
Vol 17 (4) ◽  
pp. 499-509
Author(s):  
Ágnes Erőss ◽  
Monika Mária Váradi ◽  
Doris Wastl-Walter
Keyword(s):  
Gender Roles ◽  
Eastern Europe ◽  
Labour Migration ◽  
Structured Interviews ◽  
Livelihood Strategy ◽  
Central Eastern Europe ◽  
Cross Border ◽  
Dual Earner ◽  
And Gender ◽  
Gender Boundaries

In post-Socialist countries, cross-border labour migration has become a common individual and family livelihood strategy. The paper is based on the analysis of semi-structured interviews conducted with two ethnic Hungarian women whose lives have been significantly reshaped by cross-border migration. Focusing on the interplay of gender and cross-border migration, our aim is to reveal how gender roles and boundaries are reinforced and repositioned by labour migration in the post-socialist context where both the socialist dual-earner model and conventional ideas of family and gender roles simultaneously prevail. We found that cross-border migration challenged these women to pursue diverse strategies to balance their roles of breadwinner, wife, and mother responsible for reproductive work. Nevertheless, the boundaries between female and male work or status were neither discursively nor in practice transgressed. Thus, the effect of cross-border migration on altering gender boundaries in post-socialist peripheries is limited.

Emerging Transnational Practices and Capabilities of Syrian Refugees in Turkey

2020 ◽  
Vol 17 (1) ◽  
pp. 125-138
Author(s):  
Zeynep Sahin Mencütek
Keyword(s):  
Legal Status ◽  
Country Of Origin ◽  
Economic Security ◽  
Economic Capital ◽  
Diaspora Studies ◽  
Cross Border ◽  
Global North ◽  
Displaced People ◽  
The Stability ◽  
Transnational Activities

Transnational activities of refugees in the Global North have been long studied, while those of the Global South, which host the majority of displaced people, have not yet received adequate scholarly attention. Drawing from refugee studies, transnationalism and diaspora studies, the article focuses on the emerging transnational practices and capabilities of displaced Syrians in Turkey. Relying on qualitative data drawn from interviews in Şanlıurfa – a border province in south-eastern Turkey that hosts half a million Syrians - the paper demonstrates the variations in the types and intensity of Syrians’ transnational activities and capabilities. It describes the low level of individual engagement of Syrians in terms of communicating with relatives and paying short visits to the hometowns as well as the intentional disassociation of young refugees from homeland politics. At the level of Syrian grassroots organisations, there have been mixed engagement initiatives emerging out of sustained cross-border processes. Syrians with higher economic capital and secured legal status have formed some economic, political, and cultural institutional channels, focusing more on empowerment and solidarity in the receiving country than on plans for advancement in the country of origin. Institutional attempts are not mature enough and can be classified as transnational capabilities, rather than actual activities that allow for applying pressure on the host and home governments. This situation can be attributed to the lack of political and economic security in the receiving country as well as no prospects for the stability in the country of origin. The study also concerns questions about the conceptual debates on the issue of refugee diaspora. Whilst there are clear signs of diaspora formation of the Syrian refugee communities, perhaps it is still premature to term Syrians in Turkey as refugee diaspora.

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