Zugl.: Trier, Univ., Diss., 2008 / Includes bibliographical references (p. [306]-328) and index.

Thesis (LL.M.)--George Washington University, 2003. / Title from title screen (viewed Sept. 9, 2005). "August 31, 2003." "ADA417077"--URL. Includes bibliographical references. System requirements: Adobe Acrobat Reader. Also issued in paper format.

Universiẗat, Diss., 2005--Kassel. / Includes bibliographical references (p. 289-307).

Submitted by Rosina Valeria Lanzellotti Mattiussi Teixeira (rosina.teixeira@unisantos.br) on 2015-05-20T11:53:45Z No. of bitstreams: 1 Carlos Alberto Carmello Junior.pdf: 587038 bytes, checksum: a1ee4e890a62c55db7ce7976354b7344 (MD5) / Made available in DSpace on 2015-05-20T11:53:46Z (GMT). No. of bitstreams: 1 Carlos Alberto Carmello Junior.pdf: 587038 bytes, checksum: a1ee4e890a62c55db7ce7976354b7344 (MD5) Previous issue date: 2013-10-09 / The purpose of this study is to estabilish the relationship between environmental policies and the civil public action, wich is the tool to take this kind of subject to the Brazilian Judiciary System. To achieve this gol it was needed to overlook how the environment and the public policies are brought into Brazilian legal system. Also, it was studies how the Judiciary branch deals with those kind of subjects and in what ways the judicial regulation can or should rule about political decisions. Finally, some issues concerned to civil public actions were studied, such as the adequacy of representation, specific injunctions and the right to prove. The focus of the study was to reveal that the issues concerned the civil public actions should be read with the eyes of the environmental protection brought in public environemental policies. / O objetivo do presente trabalho é estabelecer a relação existente entre as políticas públicas ambientais e a ação civil pública, que é a ferramenta para que se leve este tipo de assunto para apreciação do Poder Judiciário. Para alcançar este objetivo, foi necessário verificar como a proteção ambiental e as políticas públicas se inserem no ordenamento jurídico brasileiro. Ainda, foi abordada a maneira pela qual o Poder Judiciário lida com tais matérias e de que maneiras o Poder Judiciário pode ou deve decidir questões de natureza política. Finalmente, alguns institutos relacionados à ação civil pública foram estudados, tais quais a representação adequada, a tutela específica e o direito à prova. O foco do trabalho foi o de revelar que os institutos da ação civil pública devem ser interpretados e aplicados sob a influência do direito à proteção ambiental consagrado nas políticas públicas.

Qatar is among the fastest growing developing countries in all fields. Since the State of Qatar gained independence from the United Kingdom, the Qatari government has been focusing on the formation of state institutions to keep pace with global development. In 1971, Qatar released the first civil and commercial law. The country established the first step towards the separation of civil and commercial transactions of Islamic law. However, the ever-changing nature of business and global economy requires significant economic and societal changes. With the increase of foreign investors in Qatar, there had to be a law governing arbitration in contracts. Therefore, the government promulgated the arbitration clause in commercial contracts; the first code of civil and commercial procedure contains a chapter of the arbitration. However, the provisions of arbitration included in this law are not compatible with the UNCITRAL Model Law. Although there is a shortage in literature regarding arbitration in Qatar, several studies discussed issues related to arbitration in Qatar and called for the adoption of a new separate arbitration law in Qatar compatible with the UNCITRAL one. This prompted Qatar to work on a new draft law of arbitration, especially after the ratification of the New York Convention 1985 by Qatar. However, these studies did not cover other factors which affect arbitration; such as cultural attitude towards arbitration and issues affecting the practice of arbitration in Qatar. Unlike previous studies regarding arbitration in Qatar, this thesis uses multi-methods to get an answer of the main question of the research, which is: “Will the new Arbitration Draft Law solve all the issues related to arbitration in Qatar, thereby attracting international companies to Qatar and its law for their arbitration?” The thesis reviews the related literature in the first stage. Then it analyses interviews which were held with a number of arbitration stakeholders, the recent Qatari draft law of arbitration, the GCC unified arbitration draft law and the Qatar Financial Centre (QFC) draft law. After that it conducts a comparison between the current provisions of arbitration, the Qatari arbitration draft law and the GCC unified arbitration draft law in light of the UNCITRAL Model Law and the Egyptian Arbitration Law. This multi-methods study results in recommendations which are listed in its conclusion. It is worth mentioning that both the Qatari arbitration draft law and the QFC draft law are considered for the first time in a research study. Also, the interviews which were held for the purpose of this research enrich the outcome as the participants were chosen from various categories of arbitration stakeholder, where some of them represent official entities; such as the Legislation Department of the Ministries Council and some of them are high ranking officials of these entities; such as the Minister of Justice.

59 Civil Responsibility on Skiing Slopes Abstract This diploma thesis deals with civil liability on skiing slopes. Besides gathering valid standards in the Czech Republic, it also provides insight into foreign legal systems with the greatest emphasis on the French regulation and legal system. A part of the thesis is devoted to the rules of the International Ski Federation, which are widely respected important source of rules in skiing. Examples of their application are illustrated with the case law that inferred their validity, while in other countries the rules were reflected directly in legislation. In the first chapter there is a general anchoring of responsibility in Czech civil law, followed by a brief excursion into the sports law of individual sports, in the third chapter we find a summary of legal and non-legal regulations that apply to activities on domestic skiing slopes, including a bill that in the end did not pass in the Chamber of Deputies. The FIS rules of conduct are introduced by the story of their genesis and international cooperation on their final wording, followed by an official commentary issued by the International Ski Federation for the reason of clarification and interpretation. In the fourth chapter follows the analysis of the application of FIS rules by judicial authorities using...

Transformation of Austrian and Hungarian law during the First World War (1914 - 1918) Abstract The diploma thesis deals with the analysis of changes in Austrian and Hungarian law during the First World War with a focus on the Cisleithanian part of the monarchy. At the same time, it seeks to answer the question of whether the measures taken were proportionate to the circumstances of the war. Specifically, it examines changes in constitutional, administrative, criminal and civil law. Other branches of law are also mentioned in passing. The method is a comparison of the pre-war state with important legal norms adopted in case of war or in response to war developments. All this is complemented by a contemporary context with an emphasis on the history of the Czech lands. The thesis uses both primary sources, in the form of norms of Austro-Hungarian law, and secondary literature. In general, it can be stated that the changes adopted were pervasive, in all areas examined. However, the intensity and proportionality varied according to the specific legal sector. At the level of constitutional law, there was a de facto change in the form of the state from a constitutional monarchy to a military-administrative dictatorship, and some civil rights were suspended. The change in criminal and administrative law is...

This thesis inquires into the meaning of the right to security of person. This right is found in many international, regional and domestic human rights instruments. However, academic discourse reveals disagreement about the meaning of the right. The thesis first considers case law from the European Convention on Human Rights, the South African Bill of Rights and the Canadian Charter. The analysis shows that courts too disagree about the meaning of the right to security of person. The thesis then takes a theoretical approach to understanding the meaning of the right. It is argued that the concept of ‘security’ establishes that the right imposes both positive and negative duties but that ‘security’ does not determine which interests are protected by the right. For this, we need consider the meaning of the ‘person’. The notion of personhood as understood in the ‘capabilities approach’ of Amartya Sen and Martha Nussbaum is then introduced. It is suggested that this theory could be used to identify the interests protected by the right. Next, the theoretical developments are applied to the legal context in order to illustrate the variety of interests the right to security of person would protect and the type of duties it would impose. As a result, it is argued that the idea of ‘security of person’ is too broad to form the subject matter of an individual legal right. This raises a question over the relationship between security of person and human rights law. It is proposed that instead of recognising an individual legal right to security of person, human rights law as a whole could be seen as a mechanism to secure the person, the capabilities approach determining what it takes to fulfil a right and thereby secure the person.

Litigation in person is a widespread phenomenon in common law jurisdictions. A right to litigate in person is treated as a fundamental right, regardless of whether the litigant has the financial means to hire a lawyer or the capacity to conduct litigation effectively. Due to the high numbers of litigants in person and the various burdens placed on judicial resources by their lack of legal knowledge, they pose a serious challenge to the effective and efficient administration of justice. This thesis assesses the theoretical value of a right to self-representation, and challenges the position that courts should not impose legal representation on a litigant nor require him to obtain such representation as a condition for litigation. It argues that a litigant who lacks the professional knowledge and skills to present his case effectively cannot legitimately insist upon representing himself if in doing so he is likely to inflict disproportionate costs on his opponent and on the administration of justice. This thesis advances the case for mandatory representation in civil proceedings on three main fronts: a comparison with the criminal context, an assessment of the value of self-representation in terms of outcome, and an examination of its possible intrinsic justifications.

The dissertation titled "Protection of property rights in the decision-making practice of courts in the Czech Republic" gives a holistic view of the decisions of courts of general judicial system and the Constitutional Court of the Czech Republic in matters relating to the conditions, manner, and limits of the property rights protection. The topic is understood as an interpretation of various institutes in which the courts' decisions claims the most, and as a summary of judgments reflecting every single institute. The dissertation captures the judicial decision-making practice, taking into account the state of the legislation in force until 31 December 2013. The empirical part of the dissertation which corresponds to the selected assignment is preceded by a necessary interpretation of theoretical, doctrinal and historical bases of the topic. The dissertation also reminds the in time-varying insight into the nature, meaning and object of property rights and on the level and ways of protection in the Roman law jurisprudence and civil codes that directly affected the courts application practice in the territory of the present-day Czech Republic. An interpretation of privatization and restitution process that took place in our society after 1989 is an important link between the theoretical and the...