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Důvěra mezi státy a princip vzájemné důvěry v mezinárodním právu / Trust between states and the principle of mutual trust in international lawŠach, Matěj January 2017 (has links)
Trust between states and the principle of mutual trust in international law This thesis focuses on the role of trust in international law. The main objective is to assess the position and use of trust between states and in relevant areas and institutes of international law. Another key objective is to clarify the function of the principle of mutual trust. The thesis core is divided into three research areas. The first one aims to describe the use of principle of mutual trust and its application in international and European law. It addresses the question of who should carry the risk of trust. It concludes that the state which puts trust in another state should bear all the risks associated with it. The second area discusses confidence-building measures which are theoretically analyzed and further explored in the context of the current events of the ongoing Russian-Ukrainian conflict that started in the year 2014. The purpose of this section is to ascertain how trust is created between states, whether confidence-building measures are effective and what they bring into international law. The aim of this chapter is to ascertain how trust is created between states, whether confidence-building measures are effective and what they bring into international law. The author believes that trust between...
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Erkännande och verkställighet av utländska domar : Kommer det komma en tid för full implementering av principen om ömsesidigt förtroende? / Recognition and enforcement of foreign judgments : Will there be a time for full implementation of the principle of mutual trust?KARLSSON, JOSEFINE January 2013 (has links)
The economical and judicial cooperation that EU constitutes results in that there is an increasing amount of international disputes arising. These international disputes in turn result in questions concerning private international law. The principle of mutual trust is not only an important principle in the entire judicial cooperation but especially important in the area of private international law. The principle means that the member states have to trust each other and the different legal systems. The aim of the principle is to ensure a well functioning internal market that is permeated by free circulation and freedom of establishment. In order to achieve a well functioning internal market it is necessary that the member states trust each other. The development during the last years have resulted in that the recognition and enforcement have been and will be improved as well as simplified in the entire area of private international law. The question the author has in mind is if there will be a time when the EU and its member states are ready for full implementation of the principle of mutual trust. Such implementation would mean that the member states have to trust each other and the different legal systems completely and be willing to let go of the possibility to refuse to recognise and enforce judgments issued in other member states. The discussion in the paper leads to the conclusion that the author finds it unlikely that there will be such a time. This conclusion is based on the discussion of the development and the reasons behind it and also the situation of the EU today. The economical crisis within the union is also in an aspect likely to have an effect on whether or not member states are willing to trust each other’s legal systems. The result of this situation and the previous development in the area leads the author to the conclusion that it will probably be necessary to maintain some sort of safeguards in the future also, either by grounds for refusal or minimum standards.
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