Kingdom Of Spain Research Articles

Infrastructure Services Luxembourg Sàrl and Energia Termosolar BV v Kingdom of Spain: Spain Fails to Secure Set Aside of Registration of Intra-EU ICSID Award in the English Commercial Court

<i>Infrastructure Services Luxembourg Sàrl and Energia Termosolar BV v Kingdom of Spain:</i> Spain Fails to Secure Set Aside of Registration of Intra-EU ICSID Award in the English Commercial Court

Article: Spain Fails to Set Aside Registration of intra-EU ECT ICSID Award in the English Commercial Court

In Infrastructure Services Luxembourg and another v. Kingdom of Spain [2023] EWHC 1226 (Comm), the English Commercial Court handed down a significant judgment in high profile proceedings seeking the enforcement of an ICSID award issued in a renewable energy sector dispute pursuant to the Energy Charter Treaty (ECT). The same parties have been engaged in multiple proceedings around the world, including in Australia, where the High Court recently rendered an important decision with regard to the waiver of a state’s enforcement immunity. The English Commercial Court provides a detailed assessment (and rejection) of Spain’s ‘intra-EU’ objection to the viability of investment treaty arbitration of its disputes with investors domiciled in EU Member States. The Infrastructure judgment has been heralded as a statement of the English courts’ readiness to straightforwardly enforce intra-EU awards in circumstances when enforcement through the courts of EU Member States may no longer be such an attractive prospect for intra- EU award creditors.

Features of pre-judicial investigation in criminal proceedings in foreign countries

The scientific article is devoted to the definition of certain features of the procedure for conducting a pre-trial investigation in criminal proceedings of foreign countries. The origins of the separation of the «preliminary investigation» as a separate stage of the criminal process are established, as well as the relationship of national legal traditions and types of legal systems with the corresponding standards inherent in the criminal process is traced.&#x0D; The analysis of the criminal procedural legislation of the Federal Republic of Germany, the Kingdom of Spain, Great Britain and the French Republic was carried out. The main aspects of the pre-trial investigation and inquiry of the Federal Republic of Germany have been studied. It has been established where criminal proceedings begin, how the interaction between prosecutors and police officers is configured, which is free evidence. Attention is focused on the types of suspicions depending on the degree of probability and functional purpose.&#x0D; It was determined that the pre-trial investigation as an independent stage of criminal proceedings, according to the Criminal Procedure Law of Spain, is always the first in the criminal process. However, at the same time, the inquiry is in no way formally separated from the pre-trial investigation. The prosecutor and the investigating judge are united with the common goal of identifying the person who committed the crime and collecting the necessary evidence. The specifics of this stage depending on the type of proceedings are also indicated.&#x0D; The characteristic features of criminal proceedings in Great Britain, which do not include the stage of pre-trial investigation at all, are considered. Despite the possibility of the defense party to collect evidence independently, the police's activities are considered extra-procedural, and therefore all the factual data collected by them need to be presented to the magistrate and their further confirmation.&#x0D; The position and procedure for starting an investigation under French law is outlined. Her criminal process considers inquiry and preliminary investigation as separate independent stages. First of all, an inquiry is conducted, then a criminal prosecution is initiated, after which a preliminary investigation begins.&#x0D; The conclusion of the article emphasizes the need for coordinated work of law enforcement agencies based on the principles of the rule of law, legality and justice. The necessity of applying the experience of foreign countries in improving the pre-trial investigation of Ukraine is argued.

The Living Books of Juan Bautista Monegro: Printed Texts, Readings, Comments

Libraries belonging to private readers and artists in the kingdom of Spain around 1600 have been specially important; those belonging to architects have a privileged place, and among these the one owned by sculptor andarchitect Juan Bautista de Monegro deserves a minute study, not only because we have its inventory but because around 25 of his books have been preserved until today, filled with his annotations and sketched drawings.

Criminal legal protection of pharmaceutical activity on the circulation of medicinal products in acts of foreign criminal legislation

The article examines the issue of the specifics of the criminal law protection of pharmaceutical activity in the circulation of medicinal products in acts of foreign criminal legislation.&#x0D; The author proposes to single out the most typical types of criminal offenses that encroach on pharmaceutical activity depending on the typical types of "impact” of pharmaceutical activity, namely when ensuring various stages of trade and other circulation (turnover) of medicinal products and other items of pharmaceutical activity.&#x0D; The author conducts a thorough review of the criminal legislation of such countries as the Federal Republic of Germany, the Republic of Austria, the Swiss Confederation, the Kingdom of Spain, the Republic of Estonia, the Republic of Poland, Turkey, Romania, the Republic of Kazakhstan, the Kyrgyz Republic, the Republic of Uzbekistan, the Republic of Moldova, the Republic of Tajikistan and the Republic of Azerbaijan . Such acts of criminal legislation are analyzed from the point of view of the scope of criminal legal protection of the sphere of circulation of medicinal products and in relation to the norms defined in the criminal legislation of Ukraine.&#x0D; The article notes that the provisions of acts of foreign criminal legislation establish typical and atypical types of criminal offenses that encroach on pharmaceutical activity as an independent object of criminal law protection.&#x0D; The author's attention is drawn to the fact that acts of foreign legislation define both a more "broad" and a smaller ("narrow") scope of criminal offenses of a specific type. And in separate acts of foreign criminal legislation, the concept of illegal medicinal products trafficking as an independent type of criminal offense is defined in different ways.&#x0D; It is noted that the conducted comparative legal research demonstrated that the most complete scope of criminal legal protection of circulation of medicinal products and circulation of medical devices as elements of pharmaceutical activity is presented in the German and Swiss "models" of criminal legal protection. These models of criminal law protection received a detailed review and analysis, due to the detailed provisions of the criminal legislation of the Federal Republic of Germany and the Swiss Confederation.

Laws of Succession Ordinances by the Religious Leadership of Sephardi and Moroccan Jewish Communities and Their Economic, Social and Gender Implications

This paper discusses the innovativeness of the Inheritance Ordinance introduced in Toledo during the 12th century and later reintroduced in Fez in Morocco following the expulsion of Jewish communities from Spain and Portugal. Community leaders in Toledo, and after the expulsion also in Fes, transformed the laws of succession established in biblical times by granting women equal rights on matters of inheritance by marriage. The ordinance also granted unmarried daughters the right to inherit alongside their brothers despite the fact that, according to biblical law, daughters do not inherit when there are sons. Inheritance ordinances had significant social, financial and gendered implications on Jewish lives in many communities. The study will show that leaders of Sephardi Jewish communities were nothing less than advanced in their innovative and unprecedented ordinances related to women’s inheritance. Their innovativeness followed a number of preliminary conditions which enabled it. First and foremost was the authority vested in these Jewish leaders by the monarchy in various parts of Spain and Portugal. The laws of the kingdom in these countries granted women equal rights in succession laws. So as to avoid significant differences and reduce legislative gaps, ordinances were issued to correspond with national realities. Spain had been the world’s center of Jewish Halacha following the period of the Geonim—the heads of the ancient Talmudic academies of Babylonia and its sages—, and the Sephardic sages felt that their position allowed them to make bold decisions. The most innovative Jewish ordinance issued in this regard back in the 12th century was the Tulitula ordinance, originating from the city of Toledo, home to one of the largest and most affluent Jewish communities of the time. The regulation granted wives rights over their husbands’ inheritance regarding property established during their joint lives, as well as property which she had brought with her to the marriage. Following the Expulsion of Jews from Spain, the expelled sages, arriving in Morocco, reinstated the Tulitula ordinance in the newly established community of the city of Fez, further improving women’s position beyond the provisions of the original regulation. The new circumstances following the expulsion resulted in many Jewish communities in Morocco adopting the new version of the regulation. As they had been forced to wander from place to place, the expelled communities encountered severe problems involving family law. The ordinances spread throughout nearly all Jewish communities in Morocco. In the 19th century, a number of changes were introduced to the Fez ordinances, which in practice diminished women’s inheritance rights. However, the essence of the original ordinance was ultimately assimilated into Rabbinical and Supreme Court rulings of the State of Israel, due to its suitability to Israel’s modern inheritance laws and to the legislation of the Women’s Equal Rights Law in 1951. The leadership of Spanish sages and community leaders in various countries and of rabbinical judges in Fez, Morocco, had been both charismatic and rational and included modern components for coping with social change and new realities under the Kingdoms of Spain as well as following the expulsion.

Суб’єктний склад процедури примирення сторін в адміністративному судочинстві україни та держав-членів ЄС

he article discloses the subject composition of the procedure of conciliation of the parties in the administrative proceedings of Ukraine and EU member states. It is noted that the main subjects of the procedure of conciliation of the parties in administrative proceedings are the parties to the dispute themselves, who wished to reconcile, and the legislation should influence these subjects only with the aim of facilitating their achievement of peace. It is indicated that today the judge appears in the conciliation procedure as: 1) "relatively active conciliator"; 2) the subject of judicial control over compliance with legality in the reconciliation procedure; 3) the legalizer of the terms of reconciliation. In practical reality, this role of the judge is manifested in the fact that the terms of reconciliation of the parties to a public-law dispute, which they set out in the application for reconciliation, acquire legal significance for them (create real legal obligations for the parties, which they must comply with) only after , as the judge approves them. It was established that in Ukraine there is a simple model of the subject composition of the parties' reconciliation in administrative proceedings, which is characterized by certain elements of a relatively complicated model of the corresponding subject composition (the judge encourages the parties to try to reconcile, however, does not provide them with certain options for reconciliation, which they should be considered). It is noted that, unlike in Ukraine, a judge in the French Republic can not only suggest that the parties to the dispute resort to the conciliation procedure, but also oblige them to try to reconcile when he sees this as a real possibility. It was concluded that in some EU member states (for example, in the Kingdom of Spain), in which public-law disputes can be resolved through judicial conciliation (conciliation in administrative proceedings), a judge can act as a "relatively active conciliator", who, having convinced himself of the possibility to reconcile the parties to the dispute, can form for them an option (options) of reconciliation that can be accepted (modified, rejected). In addition, in some EU member states (French Republic and Kingdom of Spain), the activity of conciliators, who are certified lawyers (as a rule, lawyers), is provided for.

EUROPEAN JUSTICE RULES THAT SPANISH TAX REGULATION VIA “FORM 720” VIOLATES THE EUROPEAN FREE MOVEMENT OF CAPITAL

This study analyses the Judgement of the Court of Justice of the European Union (CJEU) of 27 January 2022, case C-788/19, resolving the appeal presented by the European Commission against the Kingdom of Spain which considers that the regulations governing the obligation of residents in Spain to declare assets and rights located abroad via “Form 720”, and the general rules on penalties for non-compliance with that obligation, represent a restriction of the free movement of capital, and consequently violate European law. The European Court upholds the appeal and annuls the contested rulings. Based on this judgement, the study also analyses its effects on Spanish national law and on the taxpayers affected.

A Return to Monuments: Overcoming the “Forensic Turn” in Contemporary Spain

In the year 2000 thirteen people were exhumed from a mass grave in Priaranza del Bierzo. This event has been established as the founding act of the movement called “Historical Memory” in the Kingdom of Spain. A movement which, despite claiming the recovery of the past within the framework of Human Rights rhetoric, has been marked by the exhumations of mass graves as its primary and most visible activity. These exhumations have always been portrayed positively by the media. This is framed within the so-called “forensic turn,” as a process in which scientists have been incorporated into the investigation of mass violence.However, this account has not addressed a number of issues, one of which is fundamental and relates to the fate of the bodies after exhumation. Another omission is the question of what to do when the graves are not found where they were believed to be. In this sense, the subject has been approached from an interdisciplinary perspective, starting from the history of art, making use of ethnographic techniques and taking samples from a qualitative-quantitative study which has been carried out over the last 4 years throughout the country. Therefore, the materials used to address the problem are organized into the following three parts. Firstly, the limitations of the forensic model and exhumations are discussed in detail. Secondly, monuments built after the exhumation of mass graves are examined. Thirdly, monuments constructed when the grave remained undiscovered, and the bodies could not be exhumed are also considered.In this regard, the experiences analysed have firstly clarified the limitations and dissatisfactions that have arisen around the “forensic turn.” The low rate of identifications, the lack of symbolic mediators and the lack of social recognition, lead to the fact that exhumations in themselves do not offer answers and that, on the contrary, they do not necessarily modify the meaning of the graves as tools of terror. Therefore, in the second section, some initiatives have been employed to illustrate the need to bury the bodies after exhumations, both for pragmatic and symbolic reasons. These monuments could also be the solution for those unable to locate the mass graves, as explained in the third section. The conclusion focuses on the origins of these “memorial monument solutions,” which have transcended the “forensic” model. Therefore, it is suggested that it would be relevant to continue researching these practices in the future, and not to see them as mere solutions to a technical problem, but as a new stage of memorial practices.

ԱՆՄԵՂՈՒԹՅԱՆ ԿԱՆԽԱՎԱՐԿԱԾԸ ԱԶԳԱՅԻՆ-ԻՐԱՎԱԿԱՆ ՀԱՄԱԿԱՐԳՈՒՄ․ ԻՐԱՎԱԿԱՆ ԱՄՐԱԳՐՄԱՆ ՄԻՋԱԶԳԱՅԻՆ ՓՈՐՁԸ/PRESUMPTION OF INNOCENCE IN THE NATIONAL LEGAL SYSTEM: INTERNATIONAL EXPERIENCE OF LEGAL FIXATION/ПРЕЗУМПЦИЯ НЕВИНОВНОСТИ В НАЦИОНАЛЬНОЙ ПРАВОВОЙ СИСТЕМЕ. МЕЖДУНАРОДНЫЙ ОПЫТ ПРАВОВОЙ ФИКСАЦИИ

This article is dedicated to stipulating the principle of presumption of innocence in the legal systems of individual states. In particular, reference is made to fixing the principle of presumption of innocence in the legislation of the Russian Federation, the Kingdom of Spain, the French Republic, a number of Muslim countries, the People's Republic of China and other countries. The purpose of the study of the topic is to highlight the operation of the principle of the presumption of innocence in the legal systems of individual states, to study the applicability of this principle in those countries, to spot the countries where the principle of the presumption of innocence does not work, to perform a comparative analysis and as a result to define the main essence of the presumption of innocence and the field of its application according to internal legal systems of certain states. The results of the study will provide a more detailed understanding of the determination of this principle in certain states, as a result of which we will be able to highlight the shortcomings and advantages of the existing regulations regarding it in individual states and localize them in the domestic legal system of the Republic of Armenia.

Green Power K/S and SCE Solar Don Benito APS v Kingdom of Spain: How EU Law Allegedly Trumps International Investment Law

The Green Power arbitral tribunal is the first tribunal ever (and so far, the only one) that accepted the EU law jurisdictional objections raised by an EU Member State. For this reason alone, this decision is historic. Instead of adopting a public international law perspective for determining the question whether it has jurisdiction, the arbitral tribunal adopted an European law perspective and therefore considered itself bound by the CJEU jurisprudence regarding Achmea and Komstroy. With its decision, which came out only a week before the Contracting Parties to the ect concluded their modernisation negotiations in which the EU and its Member States agreed to carve out the arbitration provision for intra-EU ECT disputes, the arbitral tribunal showed that it had a good sense of what was to come in any event. The consequences of all this are that European investors will be stuck with the domestic courts of the Member States and the European Court of Human Rights – with all their limitations.

The Legal Status of Jurors in the Administration of Justice in Criminal Cases

The article provides an overview of modern Russian legislation regulating the legal status of a juror. The comparative analysis of normative acts regulating the activities of judges and jurors allows us to conclude that there are inconsistent legal norms that significantly complicate modern law enforcement practice. A number of problems related to the procedural regulation of the procedure for the formation of a legal panel of jurors have been identified, namely: dual citizenship of a candidate for jurors; the procedure for identifying circumstances that prevent a citizen from participating in a criminal case; the age of a juror, etc. In addition, the article presents judicial practice in criminal cases considered in 2018–2020 by the Irkutsk Regional Court and district (city) courts of the Irkutsk region with the participation of jurors, confirming the need to edit and amend certain provisions of the federal law “On jurors of Federal courts of general jurisdiction in the Russian Federation”. New versions of these provisions of the law have been proposed. Examples of restrictions for candidates for jurors and people’s assessors (sheffen) in the legislation of other countries (the Kingdom of Spain, the Republic of Austria, Georgia), such as age, profession, official position, education, are given. At the same time, attention is drawn to the fact that for foreign practice, these circumstances are a direct ban on participation in the process, and not the basis for unconditional recusal. It is concluded that bringing the norms regulating the position of jurors to uniformity will eliminate the discrepancy between the law by law enforcers, facilitate the work of the courts on the formation of the collegium and, in general, will contribute to increasing the authority of jurors and the judiciary.

CYBER DOCTRINARY APPROACHES CASE STUDY – FRENCH REPUBLIC, FEDERAL REPUBLIC OF GERMANY AND THE KINGDOM OF SPAIN

In this paper, we aim to highlight the national efforts that representative countries of the European Union (EU) have made to harmonize national goals, with those of the NATO, in the field of cybernetics. This study also focuses exclusively on the approach of the French Republic, the Federal Republic of Germany and the Kingdom of Spain, in the field of cyber defense developments, while analyzing evolutionary concepts and phases in the field, at Allied and European levels.

Renergy S.A.R.L. and Kingdom of Spain, Case No. ARB/14/18 Award 6 May 2022

Renergy S.A.R.L. and Kingdom of Spain, Case No. ARB/14/18 Award 6 May 2022

Responsibility for forced disappearance in the criminal legislation of foreign countries (through the prism of the provisions of international agreements)

Enforced disappearance is a flagrant violation of the guaranteed and fundamental rights and freedoms that a person possesses. The practice of using enforced disappearances is not new, and therefore the need for proper and effective regulation aimed at preventing, guarding and protecting persons from enforced disappearances is socially demanded. The normative embodiment of states' desire to protect people from such encroachments is a number of international legal documents at the interstate level, while measures aimed at the implementation of relevant international legal norms are carried out at the level of a specific state.&#x0D; Therefore, the purpose of this article is to analyze the criminal legal norms of individual states in terms of responsibility for enforced disappearance, to assess the compliance of such national criminal legislation with international standards for combating enforced disappearances.&#x0D; The article examined the criminal laws of such countries as the Republic of Armenia, Georgia, the Republic of Azerbaijan, the Republic of Bosnia and Herzegovina, the Republic of Croatia, the Republic of Serbia, the Republic of Montenegro, the Republic of Turkey, the Kingdom of Spain, Romania, and the United States of America. The analysis was based on the standards defining the crime of enforced disappearance, which are set forth in the International Convention for the Protection of All Persons from Enforced Disappearance and the Rome Statute of the International Criminal Court.&#x0D; According to the results of the conducted research, it was established that most of the states do not provide protection against enforced disappearances from the criminal law. Those states that did enshrine enforced disappearance as a crime did so in the following forms: transfer into legislation with preservation of all features, enshrining the crime without disclosing its features, partial enshrining with a change in composition.

Choice of Law and Nazi-Looted Art Restitution: Cassirer v. Thyssen-Bornemisza Collection Foundation

On April 21, 2022, the Supreme Court came to an unanimous decision in Cassirer v. Thyssen-Bornemisza Collection Foundation, a case concerning the legal ownership of a valuable painting by Camille Pissarro that was appropriated by the Nazi regime during the 1930s when its Jewish owners fled to the United States. After World War II, the painting changed ownership several times, ultimately to be acquired by Baron Hans Heinrich who sold it to the Thyssen-Bornemisza Collection Foundation in the Kingdom of Spain. After sixteen years of litigation and four appeals to the Ninth Circuit, the Supreme Court vacated and remanded the case back to the Ninth Circuit. The opinion, written by Justice Kagan, contended that in a suit raising non-federal claims against a foreign state or instrumentality under the FSIA, a court should determine the substantive law by using the same voice of law rule applicable in a similar suit against a private party. This paper will introduce the facts of Cassirer, present its procedural history, and dissect its treatment before the United States Supreme Court. This analysis will conclude with a discussion of the potential implications of the Cassirer decision on future Nazi-looted art claims.

Opinion Statement ECJ-TF 2/2022 on the Decision of 27 January 2022 in European Commission v. Kingdom of Spain (Form 720) (Case C-788/19)

In this CFE Opinion Statement, the CFE ECJ Task Force comments on the decision of 27 January 2022 in European Commission v. Kingdom of Spain (Form 720) (Case C-788/19) on the lack of proportionality of the consequences derived from the failure to provide information concerning assets or rights held in other Member States of the European Union or the European Economic Area.

SolEs Badajoz GmbH and Kingdom of Spain, Case No ARB/15/38 Decision on Annulment 16 March 2022

SolEs Badajoz GmbH and Kingdom of Spain, Case No ARB/15/38 Decision on Annulment 16 March 2022

Genomic Population Structure of the Main Historical Genetic Lines of Spanish Merino Sheep.

Simple SummaryHistorical documentation shows that the Spanish Merino sheep was selected over many centuries due to the quality of wool, following which it was used to originate all other Merino breeds around the world, mainly by crossbreeding with local breeds. Today, the historical genetic lines that originated the Spanish Merino are still preserved in several closed herds in which they have been bred for nearly 200 years, maintaining their original genetic purity. Our study demonstrates, using a genomic approach, the exceptional genetic richness and variability of these lines, which are clearly differentiated from modern Merino breeds, and must therefore be protected to safeguard the large genetic pool they represent.According to historiographical documentation, the Romans first began to select Merino sheep in the Iberian Peninsula during the first century, with the aim of obtaining a breed appreciated for the quality of its wool. This process continued locally during the Middle Ages, when Spanish sheep were protected, and their export to foreign countries was banned. It was during the 16th century when individual Merino sheep were allowed to spread around the world to be used to improve the wool quality of local breeds. However, the wool crisis of the 1960s shifted the selection criteria of the Merino breed towards meat production at the expenses of wool. Consequently, individuals that display the genetic and phenotypic characteristics of those sheep originally bred in the kingdom of Spain in the Middle Ages are extremely difficult to find in commercial herds. In this study, we characterized the genetic basis of 403 individuals from the main historical Spanish Merino genetic lines (Granda, Hidalgo, Lopez-Montenegro, Maeso, Donoso and Egea), which were bred in isolation over the last 200 years, using a genomic approach based on genotyping data from the Axiom™ Ovine 50K SNP Genotyping Array. Our analysis included measuring population structure, genomic differentiation indexes, runs of homozygosity (ROH) patterns, and an analysis of molecular variance (AMOVA). The results showed large genetic differences between the historical lines, even though they belong to the same breed. In addition, ROH analysis showed differences due to increased inbreeding among the ancient generations compared with the modern Merino lines, confirming the breed’s ancestral and closed origin. However, our results also showed a high variability and richness within the Spanish historical Merino lines from a genetic viewpoint. This fact, together with their great ability to produce high-quality wool, suggests that ancestral Merino lines from Spain should be considered a valuable genetic population to be maintained as a resource for the improvement of wool-producing sheep breeds all around the world.

Comparative perspectives and experience of conflict resolution based on separatist movements in the Kingdom of Spain

The relevance is the major feature of the European continent, which is characterised by the fact that most countries in the region have defined borders that are following national or ethnic features. However, based on the investigation of existing separatist movements in Europe, it can be stated that in states with a single national characteristic, different groups with a distinct national identity can develop. Such a situation exists in the Kingdom of Spain, particularly in the Basque Country and Catalonia. The purpose of the presented scientific research is the historical analysis, comparative characteristics and ways of resolving conflict situations that occurred during the separatist processes in the Kingdom of Spain. The main scientific method that was used in writing the presented scientific research is discourse analysis, which allowed, the use of a set of analytical methods of interpreting various texts or statements, identifying the main preconditions, basic characteristics, and distinctive and common features of separatist movements in the Kingdom of Spain. The main results of this research are: analysis of the root causes and identification of crucial features of separatist processes in Spain; generalisation of ways to resolve conflicts based on separatist movements in the state; modelling of further dynamics and options for the development of separatism in the Kingdom. The results of the presented research, and the conclusions that were obtained during this work, can be used as a foundation for future scientific research on this issue; in addition – as a foundation for scientific research in areas relevant to the subject presented in the research. Additional fields of science and areas where the presented results and conclusions can be used in the future are: diplomatic service – in the study of the history of the emergence and ways of resolving conflicts based on separatism in Europe; higher education – in the fields of history, political science, conflict studies – as a historical example of the emergence and resolution of ethnic disputes; for other researchers of the presented subjects