Consider the following problem that scholars have long debated : Are judicial decisions of the court just the result of executing the law, or are they creating the law itself? Through my experience ...as a Supreme Court Justice, I now understand that judges are guided primarily by their responsibility to decide each case individually - and thereby render each decision in a way that best addresses the specific merits of the case before them - and secondarily by their concern for upholding the general principles of the law including the constitutional law. It is important not only for scholars but also for medical practitioners to keep this primary judicial responsibility in mind, particularly when attempting to accurately understand, the significance of Supreme Court precedents.
This presentation is twofold. The first part shows that the Nicaragua case played a significant role in reconciling the Third World with the International Court of Justice and, more generally, in ...revitalizing the Court. In the second part, the author, who was counsel for Nicaragua in that case, casts an eye as external analyst on the judgments of 1984, about which he has some reluctance, and 1986, which he largely approves of, even though Nicaragua did not win 100 per cent and some points may be debatable.
The paper analyzes the existing legislative base, governing civil relations with consumers. The applied system-structural method of research helped to reveal the legal nature of the consultancy ...service and specifics of consumers' rights' protection on its provision and the existing problems in this sphere. The study found that by the general rule the means of civil rights and legal interest's protection are pre-trial order (claim filing) and judicial (lawsuit) procedure for settlement of disputes. It was found also that the existing legal base does not guarantee quality and effectiveness of consumers' rights protection in consultancy services. During the research, some civil legal problems in civilistic science have been revealed, along with the gaps in Act On protection of consumers' rights, which sufficiently influence the level of citizens' rights protection. The restoration of the financial situation of a customer of a consultancy service is also the way of protection and the consequence of civil liability. The performer could avoid such measures resorting to voluntary pre-trial settlement of the dispute.
