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Civil Jurisdiction

Civil Jurisdiction and Judgments This section evaluates the law of civil jurisdiction and the enforcement of foreign judgments, taking into account the implications of the new Brussels I Regulation recast and the Regulation (EU) 1215/2012. This section covers: the jurisdictional rules put in place by the (recast) Brussels I Regulation the common law rules of jurisdiction the principles according to which that jurisdiction will or will not be exercised the extent to which proceedings before a foreign court may be assisted or impeded obtaining interim and interlocutory relief recognition and enforcement of foreign judgments Jurisdiction under the Brussels I Regulation Jurisdiction under the Lugano II Convention The Common Law Rules of Jurisdiction Jurisdiction Interim Remedies Provisional Measures Ancillary Orders Recognition and Enforcement of Foreign Judgments Chapter Arbitration Regulation 1215/2012; Decisions of the European Court on the Interpretation of the Brussels I Regulation and Predecessor Instruments; See Also Choice of Court Choice of Law

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Online Dispute Resolution

Online Dispute Resolution Models and Examples of Online Dispute Resolution Financial Ombudsman Service (United Kingdom) There is a main entry about the UK Financial Ombudsman Service in the English legal enciclopedia. Nominet (United Kingdom) Nominet is a domain name registry company which has run the .uk domain name since 1996 and has run the .cymru and .wales domain names since September 2014. Nominet has to register .uk domain names on a ‘first-come, first-served’ basis – without examining the merits of the application.  It therefore established a Dispute Resolution Service (DRS) to provide a means of resolving .uk domain name disputes without recourse to court. To pursue a claim through the DRS, complainants have to demonstrate that they have rights in a name that is the same or similar to the disputed domain name and that the registration has been abusive (for example, the spelling of a domain name is deliberately very similar to the complainant’s in order to confuse Internet users).  The first stage of the DRS requires a complainant to complete a form on Nominet’s website.  This includes specifying what remedy is being sought (the most common remedy is the transfer of the disputed domain name to the complainant). The material submitted by the […]

eBay

eBay Online Dispute Resolution in eBay A remarkable 60 million disagreements amongst traders on eBay are resolved every year using online dispute resolutions. There are two main processes involved. For disputes over non-payment by buyers or complaints by buyers that items delivered did not match the description, the parties are initially encouraged to resolve the matter themselves by online negotiation. They are assisted in this by clearly structured, practical advice on how to avoid misunderstandings and reach a resolution. Guidance is also given on the standards by which eBay assesses the merit of complaints. If the dispute cannot be resolved by negotiation, then eBay offers a resolution service in which, after the parties enter a discussion area to present their argument, a member of eBay’s staff determines a binding outcome under its Money Back Guarantee. This e-adjudication process is fast with strict time limits. The claim must be escalated to eBay within 30 days from the actual or latest estimated delivery date and, to encourage a full opportunity for self-resolution, no earlier than 8 days since the complaint was first raised with the seller. Disputes over feedback (reviews by buyers of sellers), which can include reviews that might otherwise lead […]

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Variety Use of Means of Peaceful Settlement

Variety Use of Means of Peaceful Settlement of International Disputes Note: this entry is based on the article, authored by Alain Pellet, “Peaceful Settlement of International Disputes” of the Max Planck Encyclopedia of Public International Law. Neither Art. 2 (3) nor Art. 33 UN Charter fixes any priority among the peaceful means to settle disputes which they list. And the Pact of Bogotá expressly states that none of the means it enumerates has ‘preference over others except as expressly provided’ (Art. 3 Pact of Bogotá). Negotiations Even recourse to negotiations has no predominance over the other means of settlement. However, concretely,‘negotiations occupy a somewhat special position’ (Tomuschat La Charte des Nations Unies [2002] 588) in that: ‘States should, without prejudice to the right of free choice of means, bear in mind that direct negotiations are a flexi bleand effective means of peaceful settlement of their disputes’ (para. I (10) Manila Declaration); they can be a necessary prerequisite to identify the existence and content of a dispute brought before a third party (Mavrommatis Palestine Concessions [Greece v Great Britain] [Jurisdiction] 24 or Right of Passage over Indian Territory[Portugal v India] [Preliminary Objections] [1957] ICJ Rep 125; (see this next term) Right […]

League of Arab States

League of Arab States League of Arab States and the Peaceful Settlement of Disputes in dispute settlement Based on the Handbook on Peaceful Settlement of Disputes between States (1992, United Nations): Article 5 of the League Pact provides for an arbitral role for the Council of the League, which is composed of representatives of all member States. If a dispute between two contending members of the League does not involve the independence, sovereignty or territorial integrity of a State and those members apply to the League Council for the settlement of their dispute, the decisions of the League Council shall be effective and obligatory. The exercise of the Council’s functions as an organ of arbitration is therefore subject to two conditions: party submission, and subject-matter limitations. When the Council acts in its arbitral capacity, the States among which the dispute has arisen shall not participate in the deliberations and decisions of the Council.  The League Pact also provides that the Council shall mediate, in a dispute which may lead to war between two member States or between a member State and another State, in order to conciliate them. The exercise of these functions of good offices, mediation and conciliation does not depend upon the submission of the dispute by the parties. […]

List of Peaceful Settlement of International Disputes Documents

List of Peaceful Settlement of International Disputes Documents Abyei Arbitration (Government of Sudan v Sudan People’s Liberation Movement/Army) (Award) Permanent Court of Arbitration (22 July 2009) <pca-cpa.org/upload/files/Abyei%20Final%20Award.pdf> (31 May 2010). Aerial Incident of 10 August 1999 (Pakistan v India) (Jurisdiction of the Court) [2000] ICJ Rep 12. African Union ‘Protocol relating to the Establishment of the Peace and Security Council of the African Union’ (adopted 9 July 2002, entered into force 26 December 2003) <http://www.unhcr.org/refworld/docid/3f4b1d374.html> (31 May 2010). American Treaty on Pacific Settlement (signed 30 April 1948, entered into force 6 May 1949) 30 UNTS 55 (BogotáPact). Armed Activities on the Territory of the Congo (New Application: 2002) (Democratic Republic of the Congo v. Rwanda) (Jurisdiction and Admissibility) [2006] ICJ Rep 40. Cairo Declaration Approving a Mechanism for Conflict Prevention, Management and Resolution in Africa (done 29July 1993) Doc AHG/Decl.1 (XXIX). Certain Property Case (Liechtenstein v Germany) (Preliminary Objections) [2005] ICJ Rep 6. Charter of the United Nations (adopted 26 June 1945, entered into force 24 October 1945) 145 BSP 805. COE ‘European Convention for the Peaceful Settlement of Disputes’ (done 29 April 1957, entered into force 30April 1958) 320 UNTS 243. Conference for Security and Co-operation in Europe ‘Final […]

Abandonment

In domestic transportation, the termination of service by a common carrier over a given route; (2) the refusal, by a consignee, to accept delivery of a lot of cargo tendered for delivery; (3) in marine insurance, the act by which the owner of a vessel claims constructive total loss arising from […]

List of International Criminal Law Documents

List of International Criminal Law Documents Charter of the United Nations Statute of the International Court of Justice Declaration on Principles of International Law Concerning Friendly Relations and Co-Operation Among States in Accordance with the Charter of the United Nations North Atlantic Treaty Resolution on the Definition of Aggression Resolutions Regarding Afghanistan and Iraq U.N. Security Council Resolution 1373 Public Law 107-40 (Sept. 18, 2001) Authorization for Use of Military Force U.N. Security Council Resolution 678 U.N. Security Resolution 1441 Convention Against the Recruitment, Use, Financing and Training of Mercenaries Universal Declaration of Human Rights International Covenant on Civil and Political Rights (ICCPR) Second Optional Protocol, Aiming at the Abolition of the Death Penalty American Declaration of the Rights and Duties of Man American Convention on Human Rights Protocol to the American Convention on Human Rights to Abolish the Death Penalty Statute of the Inter-American Commission on Human Rights African [Banjul] Charter on Human and Peoples’ Rights Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights Arab Charter on Human Rights European Convention for the Protection of Human Rights and Fundamental Freedoms Protocol No. 6 to the […]

African Charter on Human and Peoples’ Rights

African Charter on Human and Peoples’ Right African Charter on Human and Peoples’Right and the Peaceful Settlement of Disputes Based on the Handbook on Peaceful Settlement of Disputes between States (1992, United Nations): Adopted under the aegis of the Organization of African Unity, the African Charter adopted at Banjul created the African Commission on Human and Peoples’ Rights which may receive communications from States parties to the Charter alleging that another State party to the Charter has violated the Charter’s provisions. (1981 African Charter on Human and Peoples’ Rights, articles 47 to 49. The African Commission consists of II members serving in a personal capacity, who are elected by the Assembly of Heads of State and Government of the Organization of African Unity (Banjul Charter, articles 31-33). These communications may be made either after the failure of a period of direct negotiations between the States concerned on the possible settlement of the human rights dispute or directly to the Commission. The Commission may seek all relevant information from the States concerned and also has mediatory and conciliatory functions, trying all appropriate means to reach an amicable solution. In cases of a series of serious or massive violations of human and peoples’ rights, the Commission may also consider communications from States other than parties […]

History of the Peaceful Means of Settlement

Peaceful Settlement of International Disputes Note: this entry is based on the article, authored by Alain Pellet, “Peaceful Settlement of International Disputes” of the Max Planck Encyclopedia of Public International Law. The League of Nations It is only with the League of Nations that the intervention of international organizations in international disputes has become usual: the League Covenant includes five articles relating to peaceful settlement (Arts 12–15 and 17 League Covenant—the latter concerning disputes involving States which were not members of the League). The League Covenant not only imposed a limited obligation to peacefully settle international disputes, but also envisaged the establishment of a permanent judicial organ, the PCIJ. The Court, ‘competent to hear and determine any dispute of an international character which the parties thereto submit to it’ or to ‘give an advisory opinion upon any dispute or question referred to it by the Council or by the Assembly’ of the League of Nations, was eventually created outside the organization, by a Statute of the Permanent Court of International Justice (6 LNTS 389). Moreover, Art.15 League Covenant organized the compulsory intervention of the Council in ‘any dispute likely to lead to a rupture, which is not submitted to arbitration […]

Easement

Introduction to EasementEasement, in law, a privilege of advantage without profit that the owner of a parcel of land may have in the lands of another. Among the various forms of easement are the right of access, the right to maintain a line of telephone poles, rights of light and air, and d…

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Peaceful Resolution of Disputes Obligation

The Obligation of Peaceful Settlement of Disputes Peaceful Resolution of Disputes Obligation This entry includes: History of Peaceful Settlement of Disputes Obligation Peaceful Settlement of Disputes Obligation Nature Obligation of Peaceful Settlement Scope Obligation of Peaceful Settlement Content References See Also Further Reading Ch Rousseau Ch Rousseau La compétence de la Société des Nations dans le règlement des conflitsinternationaux (Pedone Paris 1927). M Habicht Post-War Treaties for the Pacific Settlement of International Disputes (Harvard University PressCambridge 1931). H Morgenthau La notion du ‘politique’ et la théorie des différends internationaux (Sirey Paris 1933). H Kelsen ‘The Settlement of Disputes by the Security Council’ (1948) 2 ICLQ 173–213. E Jiménez de Aréchaga ‘Le traitement des différends internationaux par le Conseil de sécurité’ (1954) 85 RdC 5–103. O Schachter ‘The Quasi-Judicial Role of the Security Council and the General Assembly’ (1964) 58 AJIL 960–66. H BlixH Blix ‘The Principle of Peaceful Settlement of Disputes’ in MK Nawas and ors (eds) The Legal Principles Governing Friendly Relations and Co-operation among States (Sijthoff Leiden 1966) 45–68. J Azud The Peaceful Settlement of Disputes and the United Nations (Slovak Academy of Sciences Bratislava1970). R Higgins ‘The Place of International Law in the Settlement of Disputes by […]

Peaceful Settlement of International Disputes

Peaceful Settlement of International Disputes Note: this entry is based on the article, authored by Alain Pellet, “Peaceful Settlement of International Disputes” of the Max Planck Encyclopedia of Public International Law. According to the celebrated definition by the (see this next term) Permanent Court of International Justice (PCIJ) recited in a great many other judicial decisions (see a list of the case law of the world court in the (see this next term) International Court of Justice [ICJ] judgment of 10 February 2005 in the Certain Property Case [Liechtenstein v Germany] [Preliminary Objections] para 24; (see this next term) Certain Property Case [Liechtenstein v Germany]; see also Armed Activities on the Territory of the Congo [New Application:2002] [Democratic Republic of the Congo v Rwanda] [Jurisdiction and Admissibility] para 90; (see this next term) Armed Activities on the Territory of the Congo Cases; and Territorial and Maritime Dispute between Nicaragua and Honduras in the Caribbean Sea [Nicaragua v Honduras] para 130), contrary to a ‘situation’, which does not imply an existing difference of views between the persons concerned, ‘[a] dispute is a disagreement on a point of law or fact, a conflict of legal views or of interests between two persons’ […]

Discretion

Discretion Definition of Discretion Discretion is defined as ‘liberty of deciding as one thinks fit, absolutely or within limits’ (Concise Oxford Dictionary). Discretion and Policing Philip C. Stenning wrote in the SAGE Dictionary of Policing all the following about Discretion: “It is a central feature of every stage of the administration of criminal justice within common law jurisdictions (and in this respect may be contrasted with the ‘principle of legality’ which prevails in many European civil law systems). The legal authority of the police is a critical element of this system of discretionary justice. Most of the legislation from which police derive their most significant legal powers (of investigation, detention, arrest, surveillance, search and seizure, use of force, laying criminal charges, etc.) states that police ‘may’, rather than ‘shall’, do this or that when carrying out their duties. In exercising these powers, therefore, police are authorized to exercise discretion. Distinctive Features Because of the typical organizational arrangements of most police services, frontline officers in practice most frequently exercise power over citizens and spend most of their working hours either alone or in pairs. Because they are often out of direct communication with supervisors, effectively governing their exercise of discretion, and holding them effectively accountable for it, presents […]

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Fixture

The act whereby a contract for the charter of a vessel is fixed, or concluded….

Money

Any unit or instrument generally accepted as having value to effect the purchase of goods or services, or to settle debts. All money enjoys three characteristics: (1) it is a unit of account in which values can be measured; (2) it is a medium of exchange; and (3) it is a store of value (i.e., a […]

Control Mechanisms

Control Mechanisms in the United Nations, External and Internal Further ReadingA concise encyclopedia of the United Nations (including Control Mechanisms, H Volger, KA Annan -2010) The Oxford Handbook on the United Nations (TG Weiss – 2007) International Law: A Dictionary (including Control […]

Letter of Intent

Real Estate meaning of Letter of IntentIn the words of the Encyclopedia of Real Estate Terms about Letter of Intent: A letter, note or memorandum setting out a clear intention to take a certain course of action or to enter into a formal agreement. In particular, a letter or other form of […]

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Noscitur A Sociis

Real Estate meaning of Noscitur A SociisIn the words of the Encyclopedia of Real Estate Terms about Noscitur A Sociis: Know it from its associates'. The meaning or interpretation of a word can be gathered from the context or by reference to the meaning of the words associated with it. This […]

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Regionalization

Regionalization Further ReadingA concise encyclopedia of the United Nations (including Regionalization , H Volger, KA Annan -2010) The Oxford Handbook on the United Nations (TG Weiss – 2007) International Law: A Dictionary (including Regionalization , Boczek, Boleslaw Adam -2005)