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Different international instruments on the prevention and suppression of terrorism from the European Union and the Council of Europe task States with adopting new terrorist offences. At the same time, several provisions in these international instruments remind States of their obligation to fully adhere to their human rights obligations when implementing, interpreting and applying these new offences. Following these provisions, Belgium decided to insert a rather curious human rights clause in its Criminal Code. This article will critically examine this peculiar clause and the decision(s) made by the Belgian legislator. The key question is whether or not States should indeed also implement such human rights provisions in their criminal legislation, and if so, in what way they should best proceed. It will be argued that inserting such a specific human rights clause for one particular offence in a domestic criminal code might not only be superfluous, but could even have unforeseen, unwanted and hazardous effects.

In: European Journal of Crime, Criminal Law and Criminal Justice

The aim of this paper is to study specific clauses of certain Roman laws, namely leges rogatae and municipal statutes, written between 204 a.C. and the Augustan period and exempting one’s kindred (cognates and affins) from the prescriptions that they made (personae exceptae). The first section of this analysis reviews the epigraphic evidence, which is supposed to provide us with the most reliable phrasing of the laws; the paper then proceeds with studying texts of jurists and historians as transmitted by the manuscripts, and thus more doubtful formulations that require a thorough philological examination. On the basis of this twofold analysis, it is argued that Roman lawgivers repeatedly endeavoured to protect a nucleus consisting of a wide circle of cognates (generally going as far as the sobrinus, viz. at the 6th Roman degree) and of some close affins.

In: Tijdschrift voor Rechtsgeschiedenis / Revue d'histoire du droit / The Legal History Review

After the Lisbon Treaty, the European Union (EU) has prioritized sustainable development as a key aspect of its external trade and investment policy. This emphasis on sustainability has been reinforced through treaty- making and has received support from the Court of Justice of the European Union (cjeu). However, there are notable variations and nuances in the understanding and implementation of sustainability in the EU’s treaties. Moreover, these treaties introduce innovative dispute resolution mechanisms, such as arbitration and alternative dispute resolution methods, which can significantly impact international dispute settlement practices. Opinion 2/ 15 on the EU- Singapore Free Trade Agreement marked a crucial moment in clarifying the scope and nature of sustainable development chapters within the EU’s trade and investment policy. Different agreements concluded after the Lisbon Treaty reflect diverse approaches to sustainability. In the context of environmental protection, these agreements encompass a range of provisions, from generic to more specific clauses addressing particular aspects. This article critically analyzes the effectiveness and scope of “green conditionality” within the Sustainable Development Chapters of EU-established Trade and Investment Agreements. It examines the incorporation of environmental provisions in these agreements, evaluates their role in promoting sustainable development objectives, and explores the implications of dispute settlement and international arbitration mechanisms. This analysis aims to provide a cutting- edge perspective on the topic.

In: European Investment Law and Arbitration Review Online
Authors: and

Nowadays, the complexity of financial products makes it difficult for retail clients to identify investment risks, and there is an increasing tendency for firms, stipulated by the maximum profits, to recommend or enter into unsuitable transactions to or for retail clients while providing services of investment advice and portfolio management, which causes great losses to a significant number of investors. So, in the contemporary society, the investor suitability rules through which retail clients can purchase suitable financial products are the indispensable legal basis of investor protection. Currently, the regulations concerning investor suitability management in China have several problems, including the chaotic legal system, low effectiveness level and defective contents, which may make it difficult for suitability to be applied in justice and managed effectively. Since the UK’s investor suitability rules in the Conduct of Business Sourcebook that apply to retail clients whose contents include requirements of obtaining retail clients’ information, requirements of information to be provided to retail clients and criteria of assessing suitability are clear and comprehensive, the authors believe that the UK’s experiences can provide a great enlightenment for China to better investor suitability management rules, including integrating legal documents and optimizing effectiveness level, rationalizing application scope, adding criteria of assessing suitability and revising specific clauses.

In: Frontiers of Law in China

link the negotiations to specific clauses on the Constitution.keywordsMississippi River; Spanish-American relations; Constitution...

In: The SHAFR Guide Online

35 (April 1991) 117-71. annotation A comprehensive account of the impact of the Jay-Gardoqui negotiations on the Constitution. Merritt attempts to link the negotiations to specific clauses on the Constitution. keywords Mississippi

in The SHAFR Guide Online
Authors: and

this, specific clauses were included in treaties both by Greeks and Romans, as appears from epigraphical evidence briefly mentioned by G. on 57 and 59: IG I3 75/76; 83 (= Staatsverträge 184; 187 and 193); XII 2 35 and 510 (= Syll. .³ 693); XII 3 173. Bibliography BengtsonH.SchmittH.H.Die Staatsverträge

In: Supplementum Epigraphicum Graecum Online

specific clauses offered so far, judicious and functional comparisons of clauses of the text with relevant evidence from other sources, but not many new interpretations. Worthy of note are the reflections on the combination of καπηλεῖον (or ἐργαστήριον, for that matter) and οἰκία (LL. 7

In: Supplementum Epigraphicum Graecum Online

diver- sity through their specific clauses and effects. She uses the results of this examination to develop a system of social classification that is constructed in function of its subjects’ varying dependence on the monastery. Finally, Reyna Pastor tackles the duality of medieval social rela- tions

In: Beyond the Market