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Full-Text Articles in Law
Chile, The Biobio, And The Future Of The Columbia River Basin, Jerrold A. Long
Chile, The Biobio, And The Future Of The Columbia River Basin, Jerrold A. Long
Articles
No abstract provided.
Super Strong Clear Statement Rules Down Under, Linda Jellum
Super Strong Clear Statement Rules Down Under, Linda Jellum
Articles
No abstract provided.
Balancing Judicial Independence And Accountability In A Transitional State: The Case Of Thailand, David Pimentel
Balancing Judicial Independence And Accountability In A Transitional State: The Case Of Thailand, David Pimentel
Articles
Balancing judicial independence against judicial accountability is a classic problem, but the debate has often taken place without reference to specific legal cultures and traditions, and there is compelling reason to believe that the “right” balance may be different in different societies. Thailand is in transition, so the models of established Western democracies may be ill-suited to the problems and issues of the Thai judiciary. Moreover, independence and accountability are not ends in themselves, but means to the same end: that of fair, impartial, and effective justice. Independence can help, primarily by bolstering the “judicial courage” exercised by judges called …
Water Law Reform In The Face Of Climate Change: Learning From Drought In Australia And The Western United States, Barbara Cosens
Water Law Reform In The Face Of Climate Change: Learning From Drought In Australia And The Western United States, Barbara Cosens
Articles
Western societies have developed three approaches to governance of common pool resources such as water: 1) The division of the resource into private property; (2) government regulation; and 3) local self-organization. This article asserts that all three are needed in varying combinations to rise to the challenge presented by the impact of climate change on water supply and demand. Drought presents a preview of potential future climate scenarios and Australia and the western United States are both responding to its harshness through innovation in water governance. These experiments present an opportunity to compare the approaches of Australia and the western …
Rule Of Law Reform In Transitional States: Bringing Method To The Madness - A Review Of Advancing The Rule Of Law Abroad: Next Generation Reform By Rachel Kleinfeld, David Pimentel
Articles
No abstract provided.
Prospects For The Rule Of Law In South Sudan, David Pimentel
Prospects For The Rule Of Law In South Sudan, David Pimentel
Articles
No abstract provided.
Judicial Independence In Postconflict Iraq: Establishing The Rule Of Law In An Islamic Constitutional Democracy, David Pimentel
Judicial Independence In Postconflict Iraq: Establishing The Rule Of Law In An Islamic Constitutional Democracy, David Pimentel
Articles
No abstract provided.
Judicial Independence At The Crossroads: Grappling With Ideology And History In The New Nepali Constitution, David Pimentel
Judicial Independence At The Crossroads: Grappling With Ideology And History In The New Nepali Constitution, David Pimentel
Articles
No abstract provided.
Constitutional Concepts For The Rule Of Law: A Vision For The Post-Monarchy Judiciary In Nepal, David Pimentel
Constitutional Concepts For The Rule Of Law: A Vision For The Post-Monarchy Judiciary In Nepal, David Pimentel
Articles
A new government has taken power in Nepal. Intent on replacing the monarchical Hindu state with a secular democracy, it has promised a new constitution. Although the Nepali government is currently operating under an Interim Constitution, it remains to be seen what the post-monarchy judiciary will look like. Those involved in the drafting should pay careful attention to how specific provisions for court governance will impact both institutional and decisional judicial independence. The Interim Constitution calls for a judicial council but not a sufficiently independent one. The Interim Constitution also allows broad exercise of emergency powers, depriving the courts of …
Restructuring The Courts: In Search Of Basic Principles For The Judiciary Of Post-War Bosnia And Herzegovina, David Pimentel
Restructuring The Courts: In Search Of Basic Principles For The Judiciary Of Post-War Bosnia And Herzegovina, David Pimentel
Articles
No abstract provided.