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Strasbourg Court's case-law, point out the framework for the duty to give reasons, avoiding theoretic constructions. In this way, don't review the domestic statutes either the finds of national authorities.  相似文献   

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Conclusive evidence was obtained in this study that immunoelectrophoresis could be used in the identification of blood-stains in two particular cases: for diagnosis or approach to diagnosis of the age of a blood-stain, and for diagnosis of the human origin of a blood-stain that had been treated with petroleum products.Although many aspects should be investigated in more detail, it is certain that this method can be employed in combination with other methods.  相似文献   

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Judges rule their decisions to enforce foreign divorce judgments and therefore to achieve procedural justice. Notwithstanding of that, the enforcement couldface different challenges, not only about its coercive enforcement —lacking of voluntarily compliance of the original decision— but also ju-risdictional/territorial limitations. These limitations are related with the existence of different locations among the place of the original subject matter, the place of its effects and, the place where the enforcement decision will be ruled. However, geographical boundaries should not affect vested rights. Therefore, it is crucial to grant mechanisms that will ensure the enforcement of foreign decisions. Based on two Venezuelan Supreme Court decisions, this document analyses issues related with the enforcement in Venezuela of Mexican divorce judgments, considering both the Inter-American Convention on Extraterritorial Validity of Foreign Judgments and Arbitral Awards and Venezuelan domestic rules.  相似文献   

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The paper shows a comparative analysis of the law of the united states of america (US) and the european union (EU) focusing on the principle of mutual recognition, which has served as a basis in order to achieve the enforcement of judicial decisions by the authorities of the different Member States. It illustrates the origins and evolution of this principle within the US legal system, as well as its recent implementation within the European integration system with the aim of creating a common space of freedom, security and justice. The paper lists and analizes a substancial number of legal acts adopted so far in the area of civil and criminal law. Furthermore, it highlights the influence the case-law of the US Supreme Court and the Court of Justice of the EU has had on the development of this principle. Moreover, it elaborates on the function of this principle as a nation-building element, raising the question whether this concept could be possibly transposed to a regional integration system with clear federal traits such as the EU.  相似文献   

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According to the famous economist and Nobel prize winner Amartya Sen women have a significant biological advantage over men. Despite this fact women do not always live longer. In today's third world, but also in some areas in Europe at the end of the 19th and the beginning of the 20th century we find so-called excess female mortality. In this paper we examine child mortality in The Netherlands in general and gendered patterns of child mortality in particular. The focus is on differential mortality patterns by gender for infants, older children, and young adults up to age 20 in the second half of the 19th century. The analysis takes place at three levels. We start off with an exploration of sex differentials in mortality at the national level, based on the existing literature. We next examine gender differentials in mortality at the level of several Dutch communities, in the region called Twente, focussing on the differences between the city and the countryside. The final part of the analysis focuses on the micro level of the individual and his or her family in the rural community of Lonneker located in the Twente region. In this part of our study we make use of longitudinal individual level data which are analysed with event history methodologies. Our analysis clearly demonstrates that young women and girls in The Netherlands were not always in a position to fully capitalise upon their greater biological advantage and suffered instead considerable excess mortality. Especially in the rural parts of the country girls had lower survival chances. The individual level analysis confirms the importance of sex in explaining child and adolescent mortality. These gendered mortality risks can however not be attributed to social and economic household characteristics. The analysis also shows that, when death came, it literally affected the entire family. This phenomenon, better known under the label ‘death clustering’, may have been an effect of parental incompetence.  相似文献   

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This article shows the current state of protection of genetic resources of indigenous peoples in the context of international human rights. The analysis is justified because international law, regional and international on access to genetic resources of indigenous peoples is insufficient, poor and in some cases, nonexistent. The protection of genetic resources in relation to indigenous peoples has special connotations according to its own system of human rights of these peoples, so that it seeks to investigate whether international law of human rights takes into account these ethnic particularities. In this sense, a characterization of universal and inter-American system related to genetic resources in order to identify gaps and challenges of these systems.  相似文献   

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反义词共现构式"X的Y的"是现代汉语中比较独特的一种语言现象。基于语料库对该构式的组构成分、句法特征及语义进行详细描写和分析,可以发现进入该构式的可变量"X"和"Y"主要是反义形容词、动词、名词和代词;该构式在句中主要充当主语、定语、宾语等句法成分;该构式有加合义、周遍义和选择义三种语义。加合义是该构式的基本义,周遍义是"部分代整体"转喻作用的结果,选择义则受句法环境压制使然。  相似文献   

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