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Full-Text Articles in Jurisprudence
La Protection Des Civils Dans Les Nouvelles Configurations Conflictuelles : Retour Au Droit Des Gens Ou Dépassement Du Droit International Humanitaire, Gregory Lewkowicz
La Protection Des Civils Dans Les Nouvelles Configurations Conflictuelles : Retour Au Droit Des Gens Ou Dépassement Du Droit International Humanitaire, Gregory Lewkowicz
Gregory Lewkowicz
In this paper, the development of alternative regulatory tools (codes of conduct, monitoring mechanisms, etc.) dealing with the protection of civilians during armed conflicts is scrutinized in the context of “new wars”. The paper analyses the connections between these alternative regulatory tools and classical international humanitarian law (IHL) instruments. The paper suggests that the profusion of alternative regulatory tools can help to disseminate classical IHL norms and to adapt them to contemporary warfare. The paper also envisages the possibility of a new “lex armorum” emerging from these new regulatory tools and challenging classical IHL.
El Canon Neoconstitucional, Leonardo García Jaramillo, Miguel Carbonell S
El Canon Neoconstitucional, Leonardo García Jaramillo, Miguel Carbonell S
Leonardo García Jaramillo
No abstract provided.
From Objective Right To Subjective Rights: The Franciscans And The Interest And Will Conceptions Of Rights, Siegfried Van Duffel
From Objective Right To Subjective Rights: The Franciscans And The Interest And Will Conceptions Of Rights, Siegfried Van Duffel
Siegfried Van Duffel
What are subjective rights? And what makes Will and Interest conceptions of rights into conceptions of rights? I argue that they originate in two very different natural rights theories which are, however, grounded in the same philosophical anthropology.
Law As Referent, Craig G. Bateman
Law As Referent, Craig G. Bateman
C. G. Bateman
In this article I suggest that “the Law,” (hereinafter the LAW) can be most functionally understood as a conglomeration of referent ideals which emanate from the minds of law creators, and are the source of what we regularly understand as laws. I separate from the concept of the LAW the usual suspects of constitutions, codes, acts, and charters, etc. I separate these from their inceptional ideals and suggest we ascribe a label to these familiar kinds of categories such as “lower order laws,” being careful to confine our discussions of them with the exclusive use of a small “l” (law), …