Interest Clauses Research Articles

The general clause "interest of service" as one of the grounds for optional dismissal from service on the example of a police officer - selected theoretical and case law aspects

The principles of employing Police officers are regulated by the Act of April 6, 1990 on the Police, professional pragmatics of an autonomous nature. In the discussed pragmatics, the legislator divided the exhaustive catalog of reasons for dismissal from service into two reasons - obligatory and optional. The impetus for undertaking the research issues covered in this article was the construction of one of the reasons for optional dismissal from service. Namely, in accordance with Art. 41 section 2 point 5 of the Police Act, a police officer may be dismissed from service when an important interest of the service requires it. The construction of the service's interest is nothing more than the normative construction of a general clause, which by its nature is unspecified. Therefore, the closed catalog of grounds for dismissal from service remains open in this respect. The legislator deliberately and consciously uses this construction to make the generally closed catalog of reasons for dismissal from service more flexible. It should be stated, however, that although the Police authority is provided with a large area of freedom in the process of applying the law, the clause in question is not the basis for the authority to make arbitrary and instrumental assessments. The service interest clause, despite its undefined nature, refers to extra-legal criteria with a semantic context defined by the name of the criterion.

Conflict of interest prevention clause in the constitution: The study of the Indonesian Constitution

This study starts from the fact that Indonesia has adopted the separation of powers after reforming the state administration system. However, the separation of powers after twenty years was only formally against state power. Meanwhile, absolute power is not separate. The question is about the influence and involvement of economic power in state administrators. For example, the Indonesian law-making process for the Mining Law of 2020 and the Job Creation Law of 2020 was hijacked by political-business interests, which were biased between business and public interests. Many state administrators are affiliated with entrepreneurs, resulting in conflicts of interest in law-making and decision-making. This study assumes that a clause on preventing conflicts of interest must be formulated in the Constitution as the highest law of the land and state ethics. Therefore, this study aims to answer why the Constitution must include the conflict of interest clause. Also, how the substance of the prevention conflict of interest clause. The normative research method is used in this study by conducting a historical and comparative analysis of clauses to prevent conflicts of interest. This study also formulated ideal clauses to determine what actions are considered to create conflicts of interest that potentially impact law-making and decision-making.

Limitations of Public Interest Clause in Land Acquisition So That Land Rights Holders Can Retain Their Rights

This research aims to see and analyze legal protection for land rights holders who lost their land rights due to public interest clause, whether for the benefit of the state or the private sector. Based on the 1945 Constitution, it can be seen that the use of the earth (land), water, and natural resources contained therein by the state is required to be used for the greatest prosperity of the people, and not for certain elites from government agencies who need land. Limitations must be applied to this clause so that the use is not arbitrary because even though the land rights are ownership rights, it can lose since the Government carries it out. The public interest clause is always the way and the Government answer for those who refuse their land to be acquired. Research results are that public interests, which are the needs of many people or broad goals, must pay attention to social, political, psychological, vindication and security aspects based on the National development principle.Keywords: Land, Public Interest, Acquisition

Essential Security Interests of States - Some Observations on the Emerging Practice under International Law

This paper tackles the notion of the essential security interest of a State as an exception enshrined in numerous treaties since the beginning of the 20th century. The purpose of the analysis is to establish whether the practice of international courts, tribunals, and other bodies competent to settle the disputes under international law has created any guidelines for interpretation of sometimes vague and discretionary terms used in the wording of essential security interest clauses included in different international treaties. The method is based on the exegetical analysis of jurisprudenceof international courts, tribunals and dispute settlement bodies in cases concerning interpretation of essential security interest clauses. The protection of vital interests of the State, designed as an exception to treaty-based international obligations,has been well established in treaty practice. The wordings of particular essential security interest clauses differ depending on the objects and purposes of the particular treaties, but the core stipulations of the essential security interest clauses remain very similar. The analysis of the judgments, awards and decisions allows to formulate some general conclusions as to the application of essential security interest clauses. Measures allowed under essential security interest exception must be intended toprotect ‘essential security interests’ of the invoking State. Although States remain discretion to define their essential security interests, it must be done in good faith, consistent with the ordinary meaning of the stipulation and treaties’ object and purpose.

Significance of the Constitutional Public Interest Clause for the Process of Amending the Constitution of Republic of Poland

Significance of the Constitutional Public Interest Clause for the Process of Amending the Constitution of Republic of Poland

Unter welchen Voraussetzungen sind Mindestzinsklauseln in Unternehmerkredit- oder -leasingverträgen zulässig?

Many banks and leasing companies have reacted to the current period of low interest rates, among other things, by including minimum interest clauses in their loan and leasing agreements. While there is already established supreme court jurisdiction for consumer credits, which can be used as a guide in legal practice, numerous questions are still unanswered in the context of mutual business-related legal transactions.

Return of the Inconsistent Application of the ‘Essential Security Interest’ Clause in Investment Treaty Arbitration: CC/Devas v India and Deutsche Telekom v India

Abstract Investment treaty arbitration is currently undergoing a backlash, precipitated in large measure by the problem of inconsistency in investment awards. Inconsistent reasoning and decisions have proved particularly problematic when different shareholders of an affected company pursue claims for reflective loss before different tribunals concerning the same dispute. This article examines two recent investment treaty cases—CC/Devas v India and Deutsche Telekom v India—that are a critical example of this very real problem. The first part of this article assesses the inconsistent interpretation and application of essential security interest clauses in those cases. As this article shows, the disagreement between the tribunals is explained by contradictory assessments of the same facts. The second part critically evaluates the impact of the two cases on the development of the precise criteria for successfully invoking an essential security interest clause. Such clauses comprise two elements: (i) the existence of such an interest; and (ii) the nexus between the interest and the measure adopted. These elements have hitherto been subject to inconsistent interpretations, leaving the exact contours of such clauses unclear. This article uncovers which security interests can qualify as ‘essential’ interests, focusing particularly on the question whether such an interest encompasses protection of strategic resources for military and non-military use. It also examines the meaning of the nexus requirement of ‘necessary’, and explores the difference(s) between the nexus requirements of ‘directed to’ and ‘necessary’.

شرط المصلحةفي عقود التأمين دراسة في القانون الأردني والقانون المصري

ملخص البحث يتناول هذا البحث مسألة تکمن أن المشرع الأردني لم ينص على اشتراط المصلحة في عقود التأمين وإنما أخضعها للمبادئ العامة التي تحکم العقود المدنية بشکل عام. وتضمن البحث دراسة نظرية المصلحة في عقود التأمين بالشکل العام ومن ثم البحث في شرط المصلحة في عقود التأمين على الأشخاص وذلک من حيث وقت المصلحة وصورها وطبيعتها وثم البحث في شرط المصلحة بعقود التأمين من الأضرار من حيث طبيعتها وشخص المؤمن له ووقت اشتراطها وذلک في القانون المدني الأردني ومقارنة ذلک بالقانون المصري وللوصول إلى النتائج والتوصيات. Summary Interest Clause in Insurance Contracts A study in the Jordanian Law This research deals with a question that the Jordanian legislator did not provide the requirement of interest in insurance contacts, which it is subject to the general principles governing civil contracts in general. This study deals with interest theory in insurance contracts in general, then it deals with the interest clause in insurance contracts for persons, in terms of time and nature of the interest clause, then it deals with the interest in contracts insurance for damages required. All these matters will be discussed in the Jordanian Civil Code and comparing it with Egyptian law. In order to reach to best results and recommendations.

Enforcement of Security Rights in Residential Immovable Property and Consumer Protection: An Assessment of Estonian and Norwegian Law

This article concentrates on certain consumer protection issues in Estonian and Norwegian law in proceedings for the enforcement of security rights in residential immovable property. These issues are discussed in the context of European Union (EU) law as the recent Aziz case of the Court of Justice of the European Union (CJEU)and the new Mortgage Credit Directive (MCD) have begun to set new standards for enforcement proceedings which Member States must follow. The authors conclude that no legislative amendments are currently required in either of the two countries: the Estonian and Norwegian rules on acceleration and default interest clauses, as well as on enforcement proceedings, seem to be well in line with the requirements set by Azizand by the MCD. Some of the national provisions allow for rather wide discretion, however, and it is possible that the future case law of the CJEU regarding the Unfair Terms Directive, the MCD and the Charter of Fundamental Rights will continue to create new standards for the effective protection of consumers in the enforcement of security rights. The current wave of developments seems to include a growing fundamental rights aspect as the individual’s right to housing is being increasingly promoted through consumer protection norms.

Interest Clause in the Constitutional Lawsuit in Accordance to the Constitutional Court in Jordan

This study aimed to shed light on one of the most important conditions of interest for lifting the constitutional validity of the case before the constitutional court. Through this statement, the concept of interest as a condition for accepting the constitutional lawsuit, as well as the right protected by the constitutional lawsuit is a right guaranteed by the Constitution. Also, the assault which is basically the work of public authorities may take the form of the Act of Parliament, regulations, or an administrative decision issued by the executive authority. This is together with various characteristics that must be met for the interest clause in the constitutional case. The existence of a link between the interest on the constitutional lawsuit; the interests of the substantive suit; legal, personal and direct interest; the interest of the list established by law; and the interest clause in the lawsuit should be made available throughout the stages of the proceedings. This should be made available when required at the time filed. Also, it should continue to exist based on the verdict. This occurs especially if the interest is still available before the court reaches a verdict for any reason consequent upon expiration of the constitutional case.

Klauzula interesu publicznego w działaniach administracji publicznej

<p>Klauzula interesu publicznego jest współcześnie traktowana jako nierozerwalnie związana z administracją publiczną i jej działaniami. Wykorzystuje się ją między innymi podczas prób określenia, czym jest sama administracja publiczna i na czym polega jej istota. Interes publiczny jest pojęciem kluczowym na gruncie prawa administracyjnego, lecz nadal – mimo podejmowanych nawet przez ustawodawcę prób zdefiniowania tego pojęcia – nie jest ono rozumiane jednoznacznie. Klauzula interesu publicznego jest konstrukcją normatywną, o charakterze generalnej klauzuli odsyłającej. Najogólniej rzecz ujmując, jest ona dyrektywą kierowaną do organów administracji publicznej, które swoje zadania powinny wykonywać w interesie publicznym. Klauzula interesu publicznego jest zaliczana do klauzul zasadniczych dla prawa administracyjnego (meta-klauzul), co nie oznacza przyznania absolutnego prymatu interesowi publicznemu w działaniach administracji publicznej. Należy pamiętać o odpowiednim ważeniu interesu publicznego interesem obywatela (interesem jednostki, interesem indywidualnym), istnieją bowiem określone, zasadnicze prawa człowieka, a nawet można spotkać poglądy, iż pojęcie interesu publicznego nabiera pełnej treści dopiero wtedy, gdy zostanie on zestawiony z prawem poszczególnej jednostki.</p>

Public Interest Clauses in Developing Countries

Many jurisdictions around the world embrace non-competition-related goals as part of the country competition law policy and include public interest provisions (‘public interest clauses’ or ‘public interest considerations’) in their competition laws. This article discusses public interest clauses that establish non-economic criteria for the assessment of competition enforcement cases, and it takes a particular look at public interest considerations in merger control cases.1 Recent cases2 suggest that public interest considerations play a particularly important role in the merger control assessment of developing countries. Public interest clauses exist in the merger regimes of a number of Organisation for Economic Co-operation and Development (OECD) countries3 where they have occasionally been used to prevent foreign companies from acquire important assets or assets with a national strategic interest.4 However, the focus of this article will be on public interest clauses in non-OECD countries and how these countries reconcile efficiency-related goals with public interest considerations.

The Case for a Public Interest Clause as a General Exception in Trade Agreements

There has been a steady accumulation of disputes occurring at the interface between international trade law and a variety of other areas of international law, particularly environmental law and human rights law. These disputes have taken place before WTO panels and the Appellate Body and have increasingly been the subject of discussion within academic, legal and policy communities. Pressure has been building on WTO Members to reconcile the requirements of free trade with the need to safeguard non-trade related aims, particularly those relating to public health, social and labour standards, human rights, food security, culture, cultural diversity and environmental protection. These are frequently referred to as the trade ‘linkage’ issues.In order to not compromise the credibility and legitimacy of WTO law, such reconciliation requires more concerted efforts than have hitherto occurred, at both the dispute settlement and negotiating levels. Within this context, this paper presents the case for a public interest clause as a general exception in trade agreements.

Food Security, Foreign Direct Investment and Multilevel Governance in Weak States

Attracting agro-investment is important in food deficit countries that experience low relative yields for their agricultural production. Foreign direct investment (FDI) can play a crucial role because it means that the right quantities reach food deficit areas at the right moment. However, FDI is not always the answer to food security problems. In reality it can be very much a two-edge sword, especially for weak states. This paper will argue that agro-FDI is governed by overlapping international and regional treaty obligations that interact with the terms of the various bilateral investment treaties (BITs) and the national law of the host state (the state in which the investment occurs). This creates a multilevel system of governance for FDI in agriculture that creates obligations and responsibilities for the host state, the investor and the investor’s home state (the state in which the investor is incorporated). We will argue that this system of obligations and responsibilities is unevenly distributed, in such a way that it impacts adversely on the host state’s food security. We will show that this uneven distribution can be attributed to the lack of legally enforceable ‘hard rules’ in the international and regional treaties that could potentially protect the host state’s food security, and a plethora of hard rules that protect the investor. We will argue that this over protection and under regulation of agriculture FDI is particularly problematic in weak states. We propose a public interest clause for the BIT to mitigate these problems.

An Assessment of Articles on Animals in the Hittite Laws

The texts on Hittite Laws which are located in the Bogazkoy archives relay important information that help us to understand the social, political and economic structures of the Hittite State. Animal husbandry as being one of the fundamental activities of the Hittite state economy, the laws inform us with the interesting clauses about wounded animals, confiscated animals by removing their stamps, the return of farm animals (cattle, goats, sheep, etc.) to their true owners after having lost among other herds, about the animals that had a miscarriage, hired, or died outside their native land. In our study we will examine the contents of these articles on animals and try to give an idea about how various animals were classified in such codes of law. Furthermore, we will also focus on the matter of pet ownership which was particularly considered important in the Hittite laws and we’ll have a look at the punitive sanctions pertaining to the pet ownerhip.

Research of the theory of public interest of the drafted Anti-monopoly Law of China

The concept of public interest is the core concept of anti-monopoly law, whose core position is embodied in two aspects: On one hand, the concept of public interest is the ideological basis of generating modern anti-monopoly law; on the other hand, it serves as a platform for integration of multi-value of anti-monopoly law. The function of public interest concept of anti-monopoly law is embodied by public interest clauses of the Anti-monopoly Law. More specifically, public interest is an important standard in judging whether it restrains competition and a key basis of exception in application of the anti-monopoly law, and it influences the execution procedure of anti-monopoly law. The public interest clauses in the Anti-Monopoly Law have some defects, which should be improved in two aspects: One is to keep consistent in use of concepts, the other is to be rational in grasping the connotation thereof.

Exploring the Link Between Trade and Cultural Protection in the Context of Anti–dumping

With the conclusion of the United Nations Educational, Scientific, and Cultural Organization (UNESCO) Convention on the Protection and Promotion of the Diversity of Cultural Expressions on 20 October 2005, the complex issue of culture and cultural diversity is gaining a new prominence internationally. Insofar as cultural safeguard instruments are concerned, measures available to domestic cultural industries to respond to the importation of foreign cultural imports are obviously rather limited in the World Trade Organization (WTO). In this article, the author argues that the notion that cultural products are per se unlike is unsuitable for the purpose of the anti–dumping measure. On this point, the conflict arising from the interactions between trade and culture will be particularly identified. In addition, the author also argues that the insertion of public interest clauses into anti–dumping regimes connecting trade and cultural concerns could possibly explore a useful avenue for a society to satisfy its preference for cultural diversity in the anti–dumping action. A case on an ongoing anti– dumping investigation on uncoated printing and writing paper in Taiwan is examined from a cultural perspective.

Unconscionable Contracting for Indigent Defense: Using Contract Theory to Invalidate Conflict of Interest Clauses in Fixed-Fee Contracts

Unconscionable Contracting for Indigent Defense: Using Contract Theory to Invalidate Conflict of Interest Clauses in Fixed-Fee Contracts

Secrecy in the NHS.

Seven years ago we collected 20 examples of secrecy surrounding health and the NHS in Britain.1 This month we repeated the exercise, and in three days we have discovered 30 examples. We will be pleased to hear of more. (1) Paragraph 330 of the Terms and Conditions of Service for Hospital Medical and Dental Staff says that “A practitioner shall be free, without prior consent of the employing authority, to publish books, articles, etc, and to deliver any lecture or speak, whether on matters arising out of his or her hospital service or not.” A growing number of trust hospitals have contracts which have replaced this with a gagging clause. The BMA's database records the following trusts as having at some time inserted a confidentiality or conflict of interest clause, or both, into contracts: Frimley Park Hospital; Walsgrave Hospital; St Helens and Knowsley Community Health; Mid Staffordshire General Hospitals; North Staffordshire Hospital Centre; Leicester Royal Infirmary; Royal Devon and Exeter Hospital; Ashford Hospital, Middlesex; and Heatherwood and Wexham Park Hospitals. For example, a recent confidentiality clause from a contract given to a consultant working for West Kent Health Authority reads: “In the course of your work you may have access to confidential information which should not be disclosed to any other person unless in the pursuit of your duties or with the specific permission of the employing authority.” Hansard reports that in March 1994, Dawn Primarolo (then opposition spokesperson for health) asked the secretary of state for health “what freedom NHS trusts have to vary the terms and conditions for service for hospital medical and dental staff in relation to the freedom of practitioners to publish articles or to speak on any issue without the prior consent of their employer.” The health minister, Brian Mawhinney, replied in a written …

Linear resolution for consequence finding

In this paper, we re-evaluate the consequence finding problem within first-order logic. Firstly, consequence finding is generalized to the problem in which only interesting clauses having a certain property (called characteristic clauses) should be found. The use of characteristic clauses enables characterization of various reasoning problems of interest to AI, including abduction, nonmonotonic reasoning, prime implicates and truth maintenance systems. Secondly, an extension of the Model Elimination theorem proving procedure (SOL-resolution) is presented, providing an effective mechanism complete for finding the characteristic clauses. An important feature of SOL-resolution is that it constructs such a subset of consequences directly without testing each generated clause for the required property. We also discuss efficient but incomplete variations of SOL-resolution and their properties, which address finding the most specific and the least specific abductive explanations.