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Full-Text Articles in Law

Stipulations In A Muslim Marriage Contract With Special Reference To Talq Al-Tafwid Provisions In Paksitan, Muhammad Munir Dr. Dec 2005

Stipulations In A Muslim Marriage Contract With Special Reference To Talq Al-Tafwid Provisions In Paksitan, Muhammad Munir Dr.

Dr. Muhammad Munir

This work elaborates the over-technical topic of stipulations in a Muslim marriage contract; explains the various types of stipulations benefiting women and men; explains how and to what extent classical Islamic law is incorporated into statutes of many Muslim states; describes case law of Indo-Pak subcontinent on stipulations based on the doctrine of stare decisis; surveys talaq al-tafwid in Pakistan to ascertain the extent of its practical application by the masses; and explore the role of nikah registrars, who are authorized by the government of Pakistan to solemnize nikah (marriage contract) throughout the country.


The Judicial System Of The East India Company: Precursor To The Present Pakistani Legal System, Muhammad Munir Dr. Dec 2005

The Judicial System Of The East India Company: Precursor To The Present Pakistani Legal System, Muhammad Munir Dr.

Dr. Muhammad Munir

The work discusses how the British East India Company came to the subcontinent for the purpose of trade in 1604 and how it slowly and gradually started interfering in the local justice system by acquiring revenue collection of 38 villages in 1717 near Calcutta. In 1765 the Company was granted revenue collection as well as customs of three provinces. The Company also acquired the administration of justice in the areas under its control and the role of Muslim qadis and judges was over. Company’s officials, who were traders rather than trained judges, were running the court system and the Privy …


For Women, A Court Of Last Appeal, Saumya Uma Dec 2005

For Women, A Court Of Last Appeal, Saumya Uma

Dr. Saumya Uma

The article focusses on the significance of standards set and efforts made by the International Criminal Court, from the point of view of women's rights.


Transgender Theory: Reprogramming Our Automated Settings, Marybeth Herald Oct 2005

Transgender Theory: Reprogramming Our Automated Settings, Marybeth Herald

Marybeth Herald

Over the course of the last few decades, both law and society have struggled to deprogram unhelpful and downright destructive gender stereotypes that are ubiquitous in our everyday existence. It has not been an easy task, nor entirely successful on either the legal or cultural front. Laws that prohibit gender discrimination, such as Title VII, have helped end overt discrimination. The next phase involves the challenging problem of unconscious bias, which often effectively keeps us treading the same mental paths while bypassing any roads not traveled.

It is not surprising then that when the validity of even the basic categories …


United States Policy On Enforcement Of Maintenance In International Family Law Matters, Robert Spector Sep 2005

United States Policy On Enforcement Of Maintenance In International Family Law Matters, Robert Spector

Robert G. Spector

No abstract provided.


The United States Proposals For Applicable Law Rules In The Optional Part Of The New Hague Maintenance Convention, Robert Spector Jul 2005

The United States Proposals For Applicable Law Rules In The Optional Part Of The New Hague Maintenance Convention, Robert Spector

Robert G. Spector

No abstract provided.


Legal Borrowing Is A Two-Way Street, Frank Garcia Jun 2005

Legal Borrowing Is A Two-Way Street, Frank Garcia

Frank J. Garcia

No abstract provided.


Australia: Revised Guidance Note On Lock-Up Devices, Mark Mcnamara, Danielle Ireland-Piper May 2005

Australia: Revised Guidance Note On Lock-Up Devices, Mark Mcnamara, Danielle Ireland-Piper

Danielle Ireland-Piper

The Takeovers Panel in Australia has issued a final version of Guidance Note 7 on lock-up devices, says Baker & McKenzie. Essentially, GN7 states that while lock-up devices are not inappropriate per se, the panel is concerned to ensure that transactions take place in an efficient, competitive and informed market.


Machtpolitik Und Völkerrecht, Beat Habegger Apr 2005

Machtpolitik Und Völkerrecht, Beat Habegger

Beat Habegger

No abstract provided.


The Pros And Cons Of The Wto’S Sanitary And Phytosanitary Agreement: Us V. Eu Approaches, David Wirth Mar 2005

The Pros And Cons Of The Wto’S Sanitary And Phytosanitary Agreement: Us V. Eu Approaches, David Wirth

David A. Wirth

No abstract provided.


Review Of Experience To Date With Article 13 Of The North American Agreement On Environmental Cooperation, David Wirth Mar 2005

Review Of Experience To Date With Article 13 Of The North American Agreement On Environmental Cooperation, David Wirth

David A. Wirth

No abstract provided.


Globalization, Community, And The Theory Of International Law, Frank Garcia Feb 2005

Globalization, Community, And The Theory Of International Law, Frank Garcia

Frank J. Garcia

No abstract provided.


Globaler Marktplatz Der Ideen: Vorschläge Zur Reform Der Uno-Generalversammlung, Beat Habegger Feb 2005

Globaler Marktplatz Der Ideen: Vorschläge Zur Reform Der Uno-Generalversammlung, Beat Habegger

Beat Habegger

No abstract provided.


The United States Proposals For Applicable Law Rules In The Mandatory Part Of The New Maintenance Convention, Robert Spector Feb 2005

The United States Proposals For Applicable Law Rules In The Mandatory Part Of The New Maintenance Convention, Robert Spector

Robert G. Spector

No abstract provided.


Trade, Justice, And Security, Frank Garcia Jan 2005

Trade, Justice, And Security, Frank Garcia

Frank J. Garcia

No abstract provided.


The Long, Complex, And Futile Deportation Saga Of Carlos Marcello, Daniel Kanstroom Dec 2004

The Long, Complex, And Futile Deportation Saga Of Carlos Marcello, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.


Regulation And Enforcement In The Law Of The Sea: Emerging Assertions Of A Right To Non-Flag State Enforcement In The High Seas Fisheries And Disarmament Contexts, Rosemary Rayfuse Dec 2004

Regulation And Enforcement In The Law Of The Sea: Emerging Assertions Of A Right To Non-Flag State Enforcement In The High Seas Fisheries And Disarmament Contexts, Rosemary Rayfuse

Rosemary Rayfuse

No abstract provided.


International Decisions: Occidental Exploration And Production Company V. The Republic Of Ecuador, Susan Franck Dec 2004

International Decisions: Occidental Exploration And Production Company V. The Republic Of Ecuador, Susan Franck

Susan D. Franck

Occidental v. Ecuador is the first claim under a bilateral investment treaty claim involving tax issues. This case comment analyzes the tribunal's award and offers a critique of both the analysis and the conclusion. This comment suggests that the tribunal may have gone further than necessary in its analysis of arbitrary measures impairing investment, failed to engage in a sector-by-sector analysis of national treatment, and compressed the analysis of separate rights into one broad test for evaluating fair and equitable treatment. The comment concludes that Occidental may best be understood as confined to its unique facts lest there be larger …


The Future Of Compulsory Dispute Settlement Under The Law Of The Sea Convention, Rosemary Rayfuse Dec 2004

The Future Of Compulsory Dispute Settlement Under The Law Of The Sea Convention, Rosemary Rayfuse

Rosemary Rayfuse

No abstract provided.


The Nature And Enforcement Of Investor Rights Under Investment Treaties: Do Investment Treaties Have A Bright Future?, Susan Franck Dec 2004

The Nature And Enforcement Of Investor Rights Under Investment Treaties: Do Investment Treaties Have A Bright Future?, Susan Franck

Susan D. Franck

The number of bilateral and multilateral investment treaties has surged in the past decade. Investors are actively using these treaties to bring claims against sovereign states, and many of these tribunals have come to conflicting - if not diametrically opposed - results on the meaning of substantive treaty rights. This article evaluates the positive and negative attributes of such inconsistencies and the impact upon the rule of law. The article recommends building safeguards into the current dispute resolution process to minimize the negative impact of inconsistency and maximize its positive attributes.


Regional Economic Arrangements And The Rule Of Law In The Americas: The Human Rights Face Of Free Trade Agreements, Stephen Powell Dec 2004

Regional Economic Arrangements And The Rule Of Law In The Americas: The Human Rights Face Of Free Trade Agreements, Stephen Powell

Stephen Joseph Powell

In past studies, we explored the more visible and controversial linkages between international trade law and non-trade issues that span a broad range of vital interests we may collectively describe as human rights law. We have addressed the widespread criticism that international trade rules are insensitive to basic human rights and that globalization has done little with its enormous power to preserve exhaustible natural resources and otherwise promote sustainable development, to alleviate the gap between rich and poor, to encourage states to grant their citizens basic human rights contained in U.N. treaties, to resolve the often conflicting policies underlying essential …


To Our Children’S Children’S Children: Achieving Compliance In High Seas Fisheries, Rosemary Rayfuse Dec 2004

To Our Children’S Children’S Children: Achieving Compliance In High Seas Fisheries, Rosemary Rayfuse

Rosemary Rayfuse

No abstract provided.


Maintenance In Private International Law In The United States: Harmonization Of Divergent Rules And The New Hague Maintenance Convention, Robert Spector Dec 2004

Maintenance In Private International Law In The United States: Harmonization Of Divergent Rules And The New Hague Maintenance Convention, Robert Spector

Robert G. Spector

No abstract provided.


The Globalization Of Environmental Policy, David Wirth Dec 2004

The Globalization Of Environmental Policy, David Wirth

David A. Wirth

No abstract provided.


Rättsliga Ramar För Gränsöverskridande Samarbete. Förvaltningsmyndigheters Internationella Avtalsförhållanden. [Legal Frameworks For Cross-Border Co-Operation: International Agreements Between Administrative Authorities], Vilhelm Persson Dec 2004

Rättsliga Ramar För Gränsöverskridande Samarbete. Förvaltningsmyndigheters Internationella Avtalsförhållanden. [Legal Frameworks For Cross-Border Co-Operation: International Agreements Between Administrative Authorities], Vilhelm Persson

Vilhelm Persson

When Swedish public bodies have reasons to contact and co-operate with foreign public bodies, this may give rise to legally complex situations. There are reasons to endeavour to seek solutions adapted to the needs of each individual case. This thesis investigates legal frameworks for such solutions. The investigation in particular deals with binding agreements concluded by Swedish public authorities and municipalities with corresponding types of foreign public bodies. By the conclusion of such agreements more than one legal system may be involved. This thesis deals with Swedish national law and public international law. A question of central concern for this …


International Environmental Law, Rosemary Rayfuse Dec 2004

International Environmental Law, Rosemary Rayfuse

Rosemary Rayfuse

No abstract provided.


Contributing Author, David Wirth Dec 2004

Contributing Author, David Wirth

David A. Wirth

No abstract provided.


Taking Democracy Global: Assessing The Benefits And Challenges Of A Global Parliamentary Assembly, Andrew Strauss Dec 2004

Taking Democracy Global: Assessing The Benefits And Challenges Of A Global Parliamentary Assembly, Andrew Strauss

Andrew L. Strauss

No abstract provided.


Post-Conflict Justice In Iraq: An Appraisal Of The Iraq Special Tribunal, M. Bassiouni Dec 2004

Post-Conflict Justice In Iraq: An Appraisal Of The Iraq Special Tribunal, M. Bassiouni

M. Cherif Bassiouni

No abstract provided.


Svensk Domstols Behörighet Vid Gränsöverskridande Varumärkestvister – Särskilt Om Internetrelaterade Intrång [Jurisdiction In Cases Of Cross-Border Trademark Infringements], Ulf Maunsbach Dec 2004

Svensk Domstols Behörighet Vid Gränsöverskridande Varumärkestvister – Särskilt Om Internetrelaterade Intrång [Jurisdiction In Cases Of Cross-Border Trademark Infringements], Ulf Maunsbach

Ulf Maunsbach

No abstract provided.