New Branch Of Law Research Articles

The International Law of Recognition

International society in the aftermath of World War II was faced with demands about culture and identity that placed renewed strain on the principles of legal equality and cultural difference. The less-favoured states – those which felt stigmatized – together with indigenous peoples, ethnic groups, minorities, and women all aspired to secure recognition of their equal dignity and of their specific identities and rights, with some even seeking reparation for the violation of their identities and the confiscation of their land or property. To cater for these new demands, the subjects of international society have developed a new branch of law, which is referred to here as the ‘international law of recognition’. The aim of this article is to highlight these developments, to identify the legal practices arising from this new law of recognition, and to submit them to critical scrutiny.

Europos administracinės teisės samprata ir ES administracinių procedūrų rinkinio rengimo prielaidos

There are several reasons, according to which it is worth analyzing European administrative law. First, this is a rather new branch of law. Second, the European administrative law is treated in different countries from different legal traditions positions, consequently, any effort to unify the approach to it can provide a basis for a unified European administrative law model. Third, there are no works dedicated to the analysis of the phenomenon of the European administrative law in Lithuania. Therefore, this article deals with the concepts of the European administrative law. It is stated that the comprehensive image of the European administrative law reveals three European administrative law concepts. The first concept of the European administrative law characterizes it as the European Union (hereinafter – EU) administrative law, the validity of boundaries of which can be based on three aspects – functional, institutional and procedural. The second concept of the European administrative law identifies it as the law of administrative cooperation., whereas the third concept allows the European administrative law to be seen as the law common to various public administrations of European countries – ius commune. The article focuses on the analysis of the above-mentioned three approaches and the EU set of administrative procedures as an instrument to promote the development of the EU administrative law. The author comes to the conclusion that the concept of the ‘European Administrative Law’ is broader than the concept of the ‘EU Administrative Law’. The European administrative law can be perceived not only as a part of law that establishes the EU administration’s administrative legal status, its’ activity principles, forms and methods, but also as a law of administrative cooperation between states, governmental and non-governmental organizations and various corporations, based on a wide range of multilateral treaties or conventions, which cross the limits of the EU. Moreover, the European administrative law can be understood as a law with common concepts, general principles characteristic to different European countries’ public administrations as well as a science, with the help of which diverse administrative legal systems of various countries could be compared. Taking into account the content of various working documents, the author draws the conclusion that for the further development of the EU administrative law the establishment of uniform operating rules for the EU administration in its’ relations with the society is of exceptional importance. There are a number of important reasons to develop the Law on administrative procedure of the EU. First, it is generally recognized that the EU needs common binding legislation that sets out clear operating rules of the EU administration in its’ relations with legal and natural persons, and that would increase the transparency of the EU administration and its’ accessibility to citizens. Second, the drafting of the law on administrative procedure of the EU lies in the legal framework as well; the importance of the article 298 of the Treaty of the Functioning of the European Union, the articles 41 and 42 of the Charter of Fundamental Rights of the EU as well as “soft” law (i.e. codes of good administrative behavior) are obvious here.

Derecho del deporte o derecho deportivo. Su autonomía

This article has the aim of establishing my stance about the autonomy of Sports Law. I worked with Argentinian and Latin American legislation and legal doctrine, by analyzing Sports Law from its beginning until today. I also reviewed different definitions from authors specialized in the matter in order to set the sources of this new branch of law. Finally, I put special emphasis in the different doctrinaire positions regarding the autonomy of Sports Law, and conclude trying to outline the characteristics and principles of this new branch of law in order to reach a deeper approach in its study.

Constitutional Justice in Russia

AbstractThe 1993 Russian Constitution and 1994 Federal Constitutional Law “On the Constitutional Court of the Russian Federation” define the jurisdiction and activity of the Federal Constitutional Court of the Russian Federation. However, these pieces of legislation do not comprehensively address all the issues, and there has been some broadening of the Court's power through interpretation and the effect of some other legislation. This article examines the Court's jurisdiction and some of the issues that arise in the exercise thereof, as well as the relative role of the constitutional or charter courts of the subjects of the Federation, and the relationship between the Constitutional Court and the other courts in the Russian federal system. Issues of the methods of constitutional interpretation are addressed. The importance of the Constitutional Court as the federal agency of constitutional court supervision (review) in ensuring the effective application of the Russian Constitution is highlighted in the context of this growth of a comparatively new branch of law in the Russian legal system.

CONSUMER PROTECTION IN BRITAIN IN NEED OF REFORM

IN the last three decades many acts and regulations have been introduced in Britain to serve the interests of consumers and as a consequence a new branch of law has evolved: consumer protection. These acts concern many aspects of public and private law. Within private law they mainly deal with contract law and the law of restitution. For example, the Consumer Protection (Distance Selling) Regulations 2000 (henceforth CPR 1987), and the Consumer Credit Act 1974 (henceforth CCA 1974) confer a right on the consumer to cancel a contract. This right of cancellation arises in the context of consumer protection. Yet from the perspective of private law it is part of the law of contract. A cancelled contract is treated as if it had not been made and as a consequence each party has to give back what he received under the contract. The contract is unwound. Again, any questions on how to unwind a contract belong only in a contextual sense to the law of consumer protection. On our map of private law they are part of the law of restitution.

Avance para una bibliografìa de Derecho eclesiástico del Estado de Chile

The Ecclesiastical Law of the State is a new branch of Law, which, in contrast to what has happened in Europe, has not been greatly developed in Chile; nor has it been treated in the rest of the continent until recent years. One of the reasons for this has been the consideration of religion in Chile has been a non-controversial subject, at least in the way it has been handled juridically, as opposed to what happened in the 19 t h century. This lack of development has not, however, hindered the production in the country of an interesting bibliography, which deals with specific aspects of the State of Chile's regulation of religion in its various juridical declarations. It is a literature which has arisen in a disjointed way, dealing with isolated subjects which have not always been agreed in (legal) doctrine; there has not been however any attempt to work into an organic system the various Chilean norms on religion. In this article a first preview is presented of a bibliography of titles published in Chile or abroad, referring to subjects which today in general form part of the general Ecclesiastical Law of the State, and which are dealt with in the same order as they have been dealt with by Chilean Law since 1925, the year in which the new Constitution, which gave freedom of worship in the country for the first time, was approved.