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Full-Text Articles in Comparative and Foreign Law

Some Recent Cases Delaying The Direct Effect Of International Treaties In Dutch Law, Henry G. Schermers Jan 1989

Some Recent Cases Delaying The Direct Effect Of International Treaties In Dutch Law, Henry G. Schermers

Michigan Journal of International Law

This article is meant as a comment on some recent Dutch cases concerning the effect within the domestic law of the Netherlands of the prohibition of discrimination laid down in Article 7a(i) of the International Covenant on Economic, Social and Cultural Rights and of Article 26 of the International Covenant on Civil and Political Rights. The cases were decided by the Centrale Raad van Beroep, which is the Dutch supreme court in some fields of administrative law, such as the law on civil servants and several laws on social security. The cases are particularly interesting with respect to the …


Equal Protection- The Social Dimension Of European Community Law, T. Koopmans Jan 1989

Equal Protection- The Social Dimension Of European Community Law, T. Koopmans

Michigan Journal of International Law

There are two reasons for drawing attention to the social dimension of European Community law. First, the EEC treaty comprises different provisions on social policy whose importance is consistently underestimated: the treaty is often considered as merely establishing a "common market" and as only concerning economic problems. This approach is prominent in the United States, where the business world is primarily interested in trade with, and within, the common market, and where much literature is devoted to this subject. Second, the social provisions of the EEC treaty have given rise to an interesting evolution in the case law of the …


The Beginning Of The Constitutional Era: A Bicentennial Comparative Study Of The American And French Constitutions, Rett R. Ludwikowski Jan 1989

The Beginning Of The Constitutional Era: A Bicentennial Comparative Study Of The American And French Constitutions, Rett R. Ludwikowski

Michigan Journal of International Law

This article is intended only to be introductory. The author is quite aware that the period surrounding the creation of the American Constitution has been profoundly studied; thorough analysis has been provided concerning both the origin and historical development of the American Constitution, as well as the intellectual background of the "founding generation." Characteristically, these studies have focused on the "American constitutional tradition," which means that they have been limited to little more than two centuries of colonial experience. This essay follows a different vein of inquiry. The author's purpose is not to add another article to the numerous works …