scholarly journals The Common Interest Doctrine and Disclosures during Negotiations for Substantial Transactions

2007 ◽  
Vol 74 (4) ◽  
pp. 1411
Author(s):  
Anne King
Keyword(s):  
Common Interest ◽  
The Common

scholarly journals Using lex Rhodia in the case of a pirate attack

2019 ◽  
pp. 81-90
Author(s):  
Anna Tarwacka
Keyword(s):  
Common Interest ◽  
The Common ◽  
Sea Storm

The regulations on participation in loss incurred by persons traveling by ship were very consistent. The settlement was possible only in case of acting in the common interest. A jettison was carried out in order to relieve the vessel and increase its handling and speed. The cause could be a sea storm and the risk of wrecking the ship, but also, it seems, a pirate chase. In such case a person who suffered a loss could demand reimbursement from the ship’s captain who could then sue other passengers. however, if the ransom was paid to the pirates, reimbursement was possible only if everyone benefited from it, and therefore when the entire ship was ransomed. Individual items ransomed separately and what the sea robbers had seized were not subject to the settlement.

scholarly journals International Status of Environmental Migrants

Eudaimonia ◽  
2021 ◽  
pp. 27-54
Author(s):  
Ana Zdravković
Keyword(s):  
Conceptual Analysis ◽  
Legal Framework ◽  
Common Interest ◽  
Vulnerable Group ◽  
International Protection ◽  
The Common ◽  
Migration Crisis ◽  
Definition Of ◽  
International Status ◽  
Special Protection

In the light of the current migration crisis, there is an increasing need for examining main causes of migrations. This paper contains a conceptual analysis of the notion “environmental migrants”, a newly established category of persons being in a need of specific international protection. Following the elaboration on two empirical examples supporting the fact that this is indeed an ongoing and contemporary problem at international scene, the author considers whether proposed terms are able to appropriately address the group in question, thus putting forward a definition of the concept, as these are regarded as initial steps towards creating a distinct legal framework and an adequate protection of such particularly vulnerable group. Additionally, the second part of the paper is revealing some of the present-day international legal mechanisms which might serve as a solution to this problem, as well as several proposals de lege ferenda. Ultimately, it can be concluded that there is a need for special protection of those who migrate due to environmental factors, as well as that it is the common interest of the entire international community to tackle this problem before it is too late.

Utopie und Lebenszeit in der Aufklärung

Daphnis ◽  
2021 ◽  
Vol 49 (4) ◽  
pp. 655-681
Author(s):  
Oliver Bach
Keyword(s):  
Common Sense ◽  
Common Good ◽  
Political Community ◽  
Common Interest ◽  
Main Task ◽  
General Will ◽  
Utopian Literature ◽  
Substantial Problem ◽  
The Common ◽  
Existential Dimension

Abstract The aim of this article is to outline how Hans Blumenberg’s conception of lifetime and world time (Lebenszeit und Weltzeit, 1986) can help to elucidate a substantial problem of utopian literature and its development from the 16th to the 18th century: utopias always try to illustrate the ways by which the single members of a political community harmonise with the community as a whole. The congruence of private good and common good, private interest and common interest, private will and general will is a main task of 17th and 18th century political philosophy. Blumenberg’s book, however, allows us to focus on the existential dimension of this harmonisation: under which circumstances may the single members become so wise and virtuous within their lifetimes that they always know about and comply with the common good? 18th century utopias seem to find answers to this question in theories of moral sense, common sense and aesthetic education.

Selfless Jurisdiction and the National Interest

2020 ◽  
pp. 64-91
Author(s):  
Cedric Ryngaert
Keyword(s):  
National Interest ◽  
Common Interest ◽  
Economic Regulation ◽  
National Interests ◽  
Explanatory Variables ◽  
Criminal Jurisdiction ◽  
The Common ◽  
Normative Perspective

This chapter examines the variables that may determine the exercise of jurisdiction in the common interest. It inquires what explanatory variables determine the dependent variable of the (non-)exercise of jurisdiction in the common interest, based on actual jurisdictional practice of states. However, the chapter’s approach is also normative where it seeks to justify particular interest-based practices of jurisdiction or recommends reform. The author argues that, realistically, bystander states are only likely to exercise selfless jurisdiction if this also serves their national interests. However, he submits that this limitation of cosmopolitan action need not be regrettable. Instead, it could be justified from a normative perspective. In particular, the variables determining the (non-)exercise of universal criminal jurisdiction as well as the jurisdictional extension of domestic economic regulation are discussed to support the argument.

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