Folyóiratok » Acta Juridica Hungarica

Acta Juridica Hungarica

Akadémiai Kiadó 45. évf. 1-2. sz. - 2004/1-2. sz.

A folyóirat a magyarországi jogtudomány eredményeinek közlésével, továbbá a magyar törvényhozás és jogi irodalom bemutatásával foglalkozik. A szerkesztőség, az egész közép- és kelet-európai jogtudomány áttekintése céljából, az utóbbi időben külföldi szerzők munkáit is publikálja.

ISSN: 1216-2574 (Print) 1588-2616 (on-line)
Megjelenés: évi 4 füzetben
Nyelve: angol
Főszerkesztő: Lamm, Vanda
Szerkesztők: Hans-Jörg Albrecht, András Bragyova, Manfred Burgstaller, Jacek Czaputowicz, Gábor Hamza, Tibor Király, Benoit Mercuzot, András Sajó, Tamás Sárközy, Jan M. Smits, Sienho Yee

Szerkesztőség címe: Acta Juridica Hungarica, 1250 Budapest Pf. 25
Tel.: (06 1) 355 7384
Fax. (06 1) 375 7858
E-mail: lamm@jog.mta.hu

Lin, Chun Hung: Developing Countries and the Practicality of Multilateral Investment Agreements on Telecommunications

http://akkrt.metapress.com/…k603310w220/?…

Absztrakt

During the past few decades, foreign investment has rapidly increased worldwide and has enhanced economic growth in developing countries. Although foreign investment brings huge economic benefits, many developing countries fear that by opening up markets to competition and foreign investment without restriction, they will lose control of their strategic industries. Among those industries, telecommunications is a sector with substantial impact and influence on national security, social stability and economic development. Therefore, the balance between economic gains from foreign investment and national telecommunications sovereignty presents a challenging task. A proposed international investment agreement has been negotiated in international community to possibly solve many of the disputes between foreign investment and national sovereignty. However, is foreign investment a necessary mechanism for developing countries to promote their economic growth? With different developmental models and a myriad of different economic difficulties, is a uniform global investment instrument suitable to meet the different demands for developing countries? This article will examine current international investment regime and their relation with telecommunications as an influence in developing countires. Assessing these crtitical issues, this article hopes to find a new poisition for telecommunications in a formingly integrated global market.

Lamm Vanda: Declarations Accepting the Compulsory Jurisdiction of the International Court of Justice

http://akkrt.metapress.com/…62387171017/?…

Absztrakt

The article offers an overview on the forms and contents of the declarations accepting the compulsory jurisdiction of the ICJ made under Article 36. para. 2. of the Statute. The author examines first the provisions of the Statutes of the two world courts, than the forms of declarations and the practice of the two International Courts on the validity and the entry into force of the declarations accepting the compulsory jurisdiction. Since the states are free to choose what form they please one can find a great variety of the forms and wording of the declarations. According to the Statute the only formality required is that a declaration should be deposited to the UN Secretary General and the intention of the state clearly results from a declaration. The ICJ dealt in several cases with the problem of the entry into force of the declarations and according to the well-established practice of the Court the data of the entry into force of these instruments corresponds to their deposit to the Secretary General.

Uitz Renáta: Lessons from the Abolition of Capital Punishment in Hungary : A Fortuitous Constellation Amidst and Beyond Democratic Transition

http://akkrt.metapress.com/…hn00601231m/?…

Absztrakt

Hungary ratified Protocol No. 13 to the European Convention for the Protection of Fundamental Rights and Freedoms concerning the abolition of the death penalty in all circumstances. This event is not a surprise since the Hungarian Constitutional Court declared capital punishment unconstitutional in 1990. Retrospectively, the development of the safeguards against capital punishment in Hungary might seem as a stretch of self-evident consequences. The present paper attempts to situate the decision of the Constitutional Court in its broader context and reflect upon the significance of symbolic founding gestures in times of democratic transition.

Tilk Péter: On the Possibility of Constitutional Court's Review of Directives on Unifying the Case Law in the Republic of Hungary

http://akkrt.metapress.com/…468287r8423/?…

Absztrakt

The present study undertakes the review of one of the essential authorities of the Hungarian Constitutional Court: the issue of abstract subsequent norm control, which is currently amongst the most significant questions. The possibility of the constitutional review of the Supreme Court's directives on unifying the case law is subject to debate in legal literature and in the intercourse between the two organs as well. This study intends to elicit the nature of the problem through the elaboration of relating regulation and by utilizing certain Constitutional Court decisions concerning the subject. It will arrive at the conclusion that the present regulation also gives scope to the Constitutional Court review of directives on unifying the case law. The paper gives a survend evaluation of the solutions involved in the draft of the new Constitutional Court Act too.


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