The Energy Charter Treaty (the “ECT”) is a multilateral agreement aiming to promote energy cooperation and security. This paper focuses on the provisions of the ECT governing the protection of foreign investments and the settlement of disputes between investors and host states. In particular, this paper analyses the recent developments and challenges in the field of dispute settlement under the ECT, such as the increase in arbitrations, the withdrawal of Italy from the ECT, as well as the interplay between EU law and the ECT.
Keywords: the Energy Charter Treaty, foreign investment protection, dispute settlement, investment arbitration, European Union law
JEL Classification: K33, K41

The matrimonial regimes in Cameroonian’s law is known nowadays as the venue
of unexpected solutions in matters concerning divorce, corps’ separation and widowage
because of severe confusions made by the Jurisprudence every time It’s sued to liquidate or
share a matrimonial patrimony. Though, it has been long times stated that throughout a
marriage’s agreement signed before the marriage celebration, spouses could organize their
patrimonial relationship by themselves, choosing clearly and precisely their matrimonial
regime. Such old and viable solution shows the place of contract in the Law of matrimonial
regimes. It appears as one of the remedies against the incertitude of the jurisprudence in
family’s patrimonial cases in Cameroon, where the customs are so heavy that even judges
in charge of modern law, couldn’t resist in applying its solutions as they did in the
KOUM’s case. To correct those incertitude in the “contractualization” of the patrimonial
relationships in marriage remain the best solution. It can be possible according to the civil
code by or without spouses will. Any way, it’s a means to modernize the Law of
matrimonial regimes and reduce matrimonial unsolved cases.
Keywords: “contractualization”, patrimonial relationship, matrimonial regime;
community of goods; separation of goods; contract; marriage agreement, spouses
JEL Classification: K11, K12, K36

In the current context of reinventing the trading company law, at the end of a lengthy and extremely difficult economic crisis, when every participant in the economic life tried to find their own way to adapt and make their activity survive the new social and commercial realities, not few were the cases when some of the Shareholders were excluded and their liability was drawn onto the legal person itself. Nevertheless, there is a type of legal liability of the former Shareholders, excluded from the Company, that still is quite deficiently regulated and, despite the sound argumentation and comprehensive regulation of Law no. 31/1990, it fails to provide a clear and detailed explanation of the consequences, namely, of the consequences the exclusion of a Shareholder has over the Third Parties of good-faith that the legal person (the Company) had or continues to have legal relations with. This paper thus aims at analysing one of the main effects of excluding Shareholders from the company, namely the extent of their liability towards the Third Parties, and it is structured in five parts, as follows: 1) Introduction, 2) About the Shareholders’ exclusion, 3) The effects of excluding a Shareholder from the Limited Liability Company, 4) The excluded Shareholder’s liability towards the Third Parties and 5) Conclusions.
Keywords: exclusion, affectio societatis, case studies, true and just causes, liability
JEL Classification: K22

The last reform of the Uniform Act on General Commercial Law OHADA reconsidered several pieces of commercial law. The concept of leasing has not been spared. She, who was accompanied by the "commercial" substantive, has been transformed into "commercial lease". Question of style or simple semantics? Certainly not, because the legislature in 1997, had not previously dared revise the designation commercial lease that no longer fit with the extension of the beneficiaries he had devoted himself. With the reform of December 2010, the institution of the lease has just renamed. Parliament also confirmed the extension of the scope of economic actors involved in the protection of the lease. The regime of former Uniform Act was therefore not fully extended, particularly since we noted another significant change in the new text. Contrary to former Articolul 69 which devoted two cumulative criteria necessary for the implementation of the lease of the regime, including the situation in a populated city of more than 5,000 people and membership of local under lease to a designated class2, the new text retains a single criterion, that of belonging to a local specific category. This mutation disrupts some basics of goodwill theory. Indeed, with the increasing scope of lessees, there is a sliding protection to professional trader. This causes result in a substitution of the lease of the foundation that passes from customer to the profession. The loss of the privileged place of business customers coupled with doctrinal and jurisprudential developments in the theory of civil customers, argue for an assimilation of the different customer categories.
Keywords: business lease, OHADA, business assets, Commercial Law
JEL Classification: K11, K22, K33

In the present study we have examined the Directive 2010/64/EU of the European Parliament and the Council, the European legal instrument governing the right to interpretation and translation within criminal proceedings in the European Union. The innovations in this paper concern the examination of the regulatory way of the mentioned two rights, the formulated critical opinions and the proposals of de lege ferenda. The value of the paper lies in the de lege ferenda proposals, which that can contribute to improving the system of European legislation in the field, which in the constant interpretation of the ECHR it also requires respecting the right to interpretation and translation in ongoing criminal proceedings. Also, the examination highlights the importance and necessity of adopting this European legal instrument regarding the harmonization of the national laws in terms of compulsoriness and the procedure for complying with the two rights to which we referred, in case where the suspect or the accused is to be judged of the territory of a Member State other than his State of origin. The work can be useful to theorists, practitioners and to the European legislator from the perspective of operating the suggested changes.
Keywords: suspect; accused; offense; criminal proceedings; the right to a fair trial.
JEL Classification: K14, K33

The article aims at procedural mechanism of application of art.147, paragraph 2 of Romanian Constitution3, in the specific case of pronouncing an unconstitutionality decision which concerns a law in draft before its promulgation, but especially focuses on the effects produced by such a normative act adopted without consideration of the Constitutional Court Decision. In other words, the Parliament, although bound to reconsider those provisions to bring them into line with the Constitutional Court decision, for failure to comply with this obligation, it brings us into the situation of prevalence inability of this Constitutional Court Decision and breach of a law in force which was, moreover, declared unconstitutional still at the planning stage. In this way, we find that the effects in question are reflected in an unfavorable way; above all the interest of local collectivities; and raises a big question mark on the achievement of both the "joint" powers of Parliament's own, and the concept of "local autonomy" by those who exercise it, knowing your rights, obligations and limits allowed.
Keywords: Romanian Constitution, Constitutional Court, Supremacy guarantor of Constitution, The Romanian Parliament, Legislative Council, President of Romania, enactment, deliberative authorities, local autonomy, community development associations..
JEL Classification: K10, K23, K40

Law No. 2014/28 of 23 December 2014 on the suppression of acts of terrorism in Cameroon was enacted in a context characterized by the resurgence of terrorism. But the caution with which it was greeted raises questions about the formal technique used by the legislator. A content analysis of this law, we come to two conclusions: First the legality principle is violated because the offense is not defined and it is formulated in vague terms. Second, the prominence it gives to mobile and indifference of the means used in the commission of the offense exalt guilt.
Keywords: criminality, terrorism, legality, guilt, mobile.
JEL Classification: K14, K33

Articolul analyzes the premises which made possible the creation of a European Administrative Space in the European Union. Are researched the criteria for belonging to the European Space, the conditions for the existence of a European Public Space and the notion of the European Administrative Space. They emphasize the factors that can determine a unified transnational public law by analyzing the administrative convergences in Europe. Today we find that although the term and concept of law of public administration differ from one national system to another, it is possible an agreement on a common definition of administrative law, as a set of principles and rules that relate to the organization and administration management public and relations between governments and citizens.
Keywords: European Administrative Space, the European Union, administrative law, the administrative convergences
JEL Classification: K23, K33

The article is dedicated to the overall presentation of contracts to which the law recognizes the power of enforcement, in a brief retrospect carried out through the Roman law and their evolution to the present day as they are found in the Civil Code or special laws that govern them. The contract is in effect, the conventional framework by which parties incur obligations and acquire rights in relation to each other, representing the materialization of the agreement of the parties and is only deemed validly concluded if the parties have expressed their consent freely and without undue influence. Contract partners are free to insert any clauses they want in the Covent signed, provided that they do not contravene to public order or morality. But the aim is to highlight both the power of the contract, and even more the importance of expressing the individual’s will on its fate. The importance of this legal act never contested, made the legislator invest it with the force of law between the contracting parties. So in cases expressly stipulated by the rules of law, this legal act has been given the benefit of enforcement, however without prejudicing in any way the principle of autonomy of will and without creating a contractual imbalance, privileges or discriminations.
Keywords: contract; enforcement; termination; forced execution
JEL Classification: K12

As its title sugested, the book edited by J.Plaza Penades and L.M.Martinez Velencoso and published by Springer this year (2015), offers a complete analysis of the Draft of Common European Sales Law2 (CESL) - as was amended3 -, from a range of European perspectives.
Taking into account that the authors belong to different Member States –Germany, Norway, Poland, Portugal, and Spain- this book „present a coherent view of the subject from the perspective of a number of scholars from different European countries, of whom will compare the text of the CESL with their own national law and other European legal texts”.4
Futhermore, the authors address very different topics from both national and comparative law perspectives, reflected the specificity of European law. On the other hand, they intend to offers to their readers „a serious comparative study of the CESL alongside other instruments, such as the CISG, and also pre-existing instruments including the Draft Common Frame of Reference (DCFR) and the Principles of European Contract Law (PECL).
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