The burden of proof is a central feature of all systems of adjudication, yet one that has been subject to little normative analysis in this area. This article examines how strong evidence should have to be in order to assign liability when the objective is to maximize social welfare. In basic settings, there is a tradeoff between deterrence benefits and chilling costs, and the optimal proof requirement is determined by factors that are almost entirely distinct from those underlying the preponderance of the evidence rule and other traditional standards. As a consequence, these familiar burden of proof rules have some surprising properties, as do alternative criteria that have been advanced.
Müəllif :
Shamsiyya Adilova Baku State University, II year LLM degree student in Maritime and Energy law
Nəşr tarixi : 2019
This article deals with the criminal liability for environmental offences in the European Union. Also this article looks trough notion of the criminal offences against environment, importance of Directive 2008/99/ EC on the protection of the environment through criminal law and today’s circumstance of protection of European environment through criminal law.
Müəllif :
Rashida Karimli Baku State University, LLM in European Law
Nəşr tarixi : 2019
The Article speaks of ensuring of free movement right of union citizenship as one of the primary goals of the creation of European Union, succession relations in cross-border issues within free movement and in this case, solution of jurisdiction and applicable law issues
Müəllif :
Gurban Bayramli Baku State University, LLM student in European Union law
Nəşr tarixi : 2019
"Armed conflict" is an umbrella term for a variety of scenarios that can directly or indirectly harm children. Children have played various roles in battle throughout history. Denial of humanitarian access to children in conflict zones is often a source of great concern. Children, even as young as 15, girls and boys are recruited and used in war as cheap and profitable means of warfare, and many are sexually exploited in the context of armed groups.
Müəllif :
Farida Hacihasanli Master student of UNESCO Department of Human Rights and Information Law, BSU
Nəşr tarixi : 2019
The purpose of this article is to determine the value and advantage of e-government, which is also considered, embedded in the X-Road system. The article analyzes the concept, characteristics, regulatory framework, content, structure, types, and legal value of e-government. For writing the article author used legal literature, international, European, national regulations on e-government and X-Road.
Müəllif :
Dilshad Salimova Bachelor degree, student of the Law Faculty, Baltic International Academy
Nəşr tarixi : 2019
This article reviews legal criteria for patenting human genes on account of the evolution in biotechnology. It is utterly essential to highlight innovations in healthcare sector that have noteworthy effect not only to the scientific progress but also to the economy of the states. Special attention is paid to the analysis of eligibility criteria in the light of DNA sequences under the EU and US approaches.
Müəllif :
Aynur Huseynova Master degree student of Baku State University, Department of UNESCO on Human Rights and Information Law
Nəşr tarixi : 2019
Owing to the nature of human rights everyone is entitled to equal and inalienable human rights as human being. Human rights are centred, indeed built, on the granting of rights to the individual. Main human rights, their implementation mechanism and the obligations of state parties in this regard are enshrined in different international human rights instruments. The main duties of states are to respect, to fulfill and to protect human rights. In compliance with the principle of pacta sunt servanda states parties to these documents undertake to ensure and secure human rights of all within its jurisdiction without discrimination on the basis of sex, race, color, language, religion, political or other opinion, national or social origin, property, birth or other status. States are required to strictly follow their obligations and they are held responsible for violation of human rights even where they were unintentional.
Müəllif :
Ayisha Afandiyeva Master student of UNESCO Department Of Human Rights and Information Law, BSU
Nəşr tarixi : 2019
The most commonly used way for cargo transportation is by sea. The main reason for this is the fact that vessels with marine vehicles are able to ship a large amount of cargo and transport costs are fewer than those of other vehicles. The manner of implementation of this process depends on the parties’ consent. Adjustment of freight issue has great importance in any legislative act related to carriage of goods by sea. I think that this issue must be kept in the center of attention from the point of resolving of possible disputes.
Müəllif :
Aygun Ganbarova Baku State University, II year LLM degree student in Maritime and Energy law
Nəşr tarixi : 2019
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