Full-text resources of CEJSH and other databases are now available in the new Library of Science.
Visit https://bibliotekanauki.pl

Results found: 5

first rewind previous Page / 1 next fast forward last

Search results

help Sort By:

help Limit search:
first rewind previous Page / 1 next fast forward last
1
Publication available in full text mode
Content available

Komparatívna analýza opozičných legislatívnych stratégií strán Smer-SD a ČSSD v rokoch 2010–2012, resp. 2010–2013

100%
Chovancová K.
Politologická revue (Czech Political Science Review)
|
2017
|
issue 2
85-113
EN
One of the essential functions of a parliament in a parliamentary democracy is the creation of legislation. And since governmental majorities prevail in most parliamentary democracies, the opposition confronts the government in the process of creating the legislation. This article concentrates on a comparison of oppositional strategies of two specific political parties when proposing legislation. The first is Smer-SD, a social-democratic party in Slovakia, while the second is ČSSD, a social-democratic party in the Czech Republic. Both are relevant parties with experience of being in government. The analysed period covers one electoral term when these parties were in opposition: the period of 2010–2012 in the case of the former and the period of 2010–2013 in the case of the latter. The analysis is conducted in five aspects: 1) the number of their legislative proposals; 2) the content of these proposals; 3) strategies used when proposing legislation (whether proposers create the legislation in cooperation with MPs from other parliamentary party groups or with the government); 4) the timing of proposing the legislation (whether any increase or decrease in the legislative activity may be observed during the electoral term) and 5) success of the legislation proposed by these parties (as a complementary factor to these four aspects).
2

IMUNITA ŠTÁTU V MEDZINÁRODNEJ ARBITRÁŽNEJ A OBCHODNEJ PRAXI. II. ČASŤ. – POLITICKÉ A ÚSTAVNOPRÁVNE ASPEKTY

100%
Chovancová K.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2017
|
vol. 100
|
issue 5
459 – 475
EN
Theory of restrictive sovereign immunity substantiated itself as wishful, but still not a complete replacement of its older sibling, being obsolete absolute immunity from both jurisdiction and enforcement of arbitral award. Actually, it is widely known that a right of the party to the international arbitration to properly enforce an arbitral award, rendered in its favour against the state, stays a controversial issue. It may be submitted that the aforementioned situation is a courtesy of a residual application of the theory of absolute sovereign immunity – a pain in the neck of traders with its quite disappointing effect, when considering the contemporary modern business world, that both respects and enjoys the doctrine of restricted immunity, and its division between transactions jure imperii and transactions jure gestionis. In particular, this concept secured access to justice for private actors when trading with states. It may be submitted that both the international commercial and investment arbitration are vivid examples of all the possible doctrinal tensions, exposed by the international law of immunity. The most recent accounts of relevant cases disclose a general shift toward the doctrine of restrictive sovereign immunity and simply put, the restrictive sovereign immunity ought to have a universal scope of applicability across the globe. Except for introducing the issue of the state immunity in international arbitration, this two part long study presents a brief account of the reasons why the doctrine of restrictive immunity should dominate the ground of international commerce. As the story develops, it will make three intertwined observations in this respect.
3

IMUNITA ŠTÁTU V MEDZINÁRODNEJ ARBITRÁŽNEJ A OBCHODNEJ PRAXI. I. ČASŤ. HISTORICKÝ VÝVOJ, ZMLUVNÉ VZDANIE SA IMUNITY

100%
Chovancová K.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2017
|
vol. 100
|
issue 4
372 – 390
EN
Theory of restrictive sovereign immunity substantiated itself as wishful, but still not a complete replacement of its older sibling, being obsolete absolute immunity from both jurisdiction and enforcement of arbitral award. Actually, it is widely known that a right of the party to the international arbitration to properly enforce an arbitral award, rendered in its favour against the state, stays a controversial issue. It may be submitted that the aforementioned situation is a courtesy of a residual application of the theory of absolute sovereign immunity - a pain in the neck of traders with its quite disappointing effect, when considering the contemporary modern business world, that both respects and enjoys the doctrine of restricted immunity, and its division between transactions jure imperii and transactions jure gestionis. In particular, this concept secured access to justice for private actors when trading with states. It may be submitted that both the international commercial and investment arbitration are vivid examples of all the possible doctrinal tensions, exposed by the international law of immunity. The most recent accounts of relevant cases disclose a general shift toward the doctrine of restrictive sovereign immunity and simply put, the restrictive sovereign immunity ought to have a universal scope of applicability across the globe. Except for introducing the issue of the state immunity in international arbitration, this two part long study presents a brief account of the reasons why the doctrine of restrictive immunity should dominate the ground of international commerce. As the story develops, it will make three intertwined observations in this respect.
4

UPLATNENIE FORCE MAJEURE V MEDZINÁRODNOM INVESTIČNOM PRÁVE V SÚVISLOSTI S PANDÉMIOU COVID 19

100%
Chovancová K.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2022
|
vol. 105
|
issue 6
522 – 535
EN
Force majeure is today accepted as a fairly classical topic and the circumstance, excluding wrongfulness of the state doing in majority of the world legal systems and the level of its use increased considerably in the last decade. The coronavirus pandemic has enlivened the concept of force majeure in many areas of law, including international investment law. It also proved to be a good source of an ongoing debate on importance of force majeure for international investment and commercial community. This article is an attempt to inform this debate. Except for a general introduction to the use of force majeure exception in relation to the COVID 19 pandemic, this study presents an expansion of its applicability in international investments area within the frame of the CIL, as well as an increase of use of the contractual force majeure clause in the energy sector. Equally, it is going to indicate the reasons of its practicability together with three inferences with regard to the application of force majeure under Article 23 of the ILC Articles, as well as the application of the contractual force majeure clause both in common law and civil law. First, it is no hearing on the grapevine, but the use of contractual force majeure has been heavily recommended in order to secure foreseeability, prudence and a legal certainty. Second, while the force majeure exception is being applied under the CIL mainly in II As, wise foreign investors may apply also the contractual force majeure clause in their investment contracts, concluded directly with their host states, while being propped up conveniently also with the supporting governing law of the contract. Besides, there is no reason to induce the civil law contractual parties to apply the common law force majeure clause with always available common law exceptions of impossibility, frustration and impracticability, as they are unknown to the civil law system.
5

FORCE MAJEURE AKO OKOLNOSŤ VYLUČUJÚCA PROTIPRÁVNOSŤ V MEDZINÁRODNOM INVESTIČNOM PRÁVE

100%
Chovancová K.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2022
|
vol. 105
|
issue 3
191 – 204
EN
Force majeure is today accepted as a fairly classical topic and the circumstance, excluding wrongfulness of the state doing in majority of the world legal systems. Within the realm of the international investment law, it belongs to the most frequently applied circumstances excluding wrongfulness with the level of its use, increased considerably in the last decade. The coronavirus pandemic has enlivened the concept of force majeure in many areas of law, including international investment law. It also proved to be a good source of an ongoing debate on importance of force majeure for international investment and commercial community. This article is an attempt to inform this debate. Except for introducing force majeure in international law and its purpose, this study presents a brief account of international disputes, in which the force majeure clause is applied very often. It examines the historical development of force majeure in international law and introduces its codified version. As the story develops, it makes three intertwined observations. The universal, one size fits all force majeure is an illusion. Today we may distinguish three its variations already in international law. First, when applied as a circumstance, excluding the wrongfulness under the ILC Articles, it excuses an internationally illegal and involuntary act of the state. Second, it may be applied as a circumstance, claimed in connection with reviewing due diligence, and finally as the force majeure clause in international agreements, tailored according to its common law perception. Without hesitation, it is exactly the second permutation of force majeure, which has a strong potential to be the most reliable for the host states, defending themselves against foreign investors, especially when force majeure is applied in the event of armed conflict.
first rewind previous Page / 1 next fast forward last
JavaScript is turned off in your web browser. Turn it on to take full advantage of this site, then refresh the page.