International arbitration has enjoyed remarkable success. However, in recent years repeated concerns relating to the efficiency of the proceedings have emerged. These concerns have led to the ...introduction of provisions for expedited arbitral procedures. Through analysing various arbitration rules, this book will examine the require-ments under which expedited procedures are admissible, what the central char-acteristics of such procedures are, and how such procedures can be classified and described in comparison to a conventional arbitral procedure. A significant part will examine the tension between procedural efficiency on the one hand and on quality of the procedure and award on the other. In an excursus, early determination procedures will be examined to complete the tool box to increase procedural efficiency.
The ESCP is featured as a written procedure, wherein the oral hearing is granted limited space. The reason stems from the fact that oral hearing in cross-border litigations takes significantly longer ...time and its worth seems to be – notably in civil matters such as those included in the ESCP scope – inversely related with the case value (the smaller the value, the lesser the worth). Such a discipline gives rise to a number of significant issues, concerning its consistency with the procedural fundamental «right to be heard»; the correlative margin of discretion the court may rely on in deciding whether a hearing shall be scheduled or not; not least the role played by the modern communication technologies in this respect. The Author deals with such issues in their multiple features and connections, trying thence to offer proper answers thereto. The overall Author’s view is that the ESCP Regulation’s restrictive approach to oral hearing is reconciliable with the right to be heard and that the broad discretion conferred to the court in this respect is justified as well.
The UN Convention on the Rights of the Child gives children the right to be heard and to participate in judicial and administrative proceedings. Children are seen as bearers and subjects of rights, ...instead of passive recipients of protection rights. Refugee children, however, are often depicted as vulnerable human beings who require protection. This article conceptualises refugee children’s right to be heard in asylum procedures from a children’s rights perspective, in order to gain a deeper understanding of the development and increased prominence in law and practice of the concept of child participation. Through interviews with professionals working in asylum procedures in the Netherlands, it is analysed how the concept of participation is implemented in practice. It is shown that as a consequence of the specific dynamic of the asylum procedure, placing the burden of proof on the child, according significant weight to the child’s story and credibility and the power imbalance between the child and the immigration authorities, meaningful participation is difficult to achieve. Especially the position of children accompanied by their parents is pressing in this regard, because they are not granted the same legal safeguards compared to unaccompanied children.
The paper deals with specific problem regarding required joinder of parties in litigation, namely legal consequences of rendering the judgment despite the failure to join a necessary party, but with ...court's failure to detect the issue, i.e. is the lacking necessary party bound by judgement? Dominant opinion, both in domestic and foreign representative legal theory and case law, decline res judicata effect, while some Serbian scholars accept it. Research based on constitutional and dogmatic scale shows that extension of res judicata effect could not be deemed as Serbian lex lata. The concept of required joinder of parties is based on protection of right to be heard of all necessary parties, so the contrary standpoint would diminish, or moreover infringe such basic human right. In addition, there is no legal ground for such extension of res judicata effect, bearing in mind provisions of Serbian Code of Civil Procedure. Lastly, if lacking necessary party would be bound by judgement, the very concept of required joinder of parties would be reduced ad absurdum.
IntroductionThe UN Convention on the Rights of the Child (CRC) accords children the right to give their views on all important decisions in their life (art.12 CRC). In the past decades increased ...awareness has risen among professionals who work with children in judicial and administrative proceedings, to hear their voices. The key question guiding this research was whether refugee children have the possibility to meaningfully participate in asylum proceedings, as required by international children's rights law and standards? Asylum application procedures are highly complex administrative procedures, that are often not adapted to the capacities and level of maturity of children. Recent studies suggest that the right to participation and information is insufficiently safeguarded for children involved in asylum procedures. Unaccompanied children seeking asylum as young as 6 years of age have to go through the asylum procedure in the Netherlands. Efforts have been put in making this procedure more child-friendly, by designing a child-friendly interview room and training immigration officers. The aim of this study was to explore to what extent the immigration authority takes into account children's voice, age and development, in line with international children's rights.MethodsObservations have been conducted of first instance asylum application interviews with children held by immigration officers. In total 13 interviews with children aged 7–11 have been observed, that were held between 2012 and 2019.ResultsThe results show that child-friendly conversation techniques and tools are used to some extent, however, immigration officers should be trained more extensively in order to enhance the effective participation of young children.DiscussionIt is concluded that interviews with children could be improved by giving children more information and using techniques to communicate with young children. In order to truly hear the child's voice the interviews should be better adapted to the age and level of development of unaccompanied children.
The Rights of the Child Adami, Rebecca; Kaldal, Anna; Aspán, Margareta
04/2023, Letnik:
7
eBook, Book
Odprti dostop
How can human rights for children born outside their national jurisdiction with parents deemed as terrorists be safeguarded? In what ways do children risk being discriminated in their welfare rights ...in Sweden when treated as invisible part of a family? How can we do research on children’s rights in not just ethically sensitive ways but also with respect for children as rights subjects? And what could be a theory on social justice for children? These are questions discussed in studies from different disciplines concerning children’s international human rights, with a special focus on the realization of the CRC in Sweden.
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