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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.


Machtpolitik Und Völkerrecht, Beat Habegger Apr 2005

Machtpolitik Und Völkerrecht, Beat Habegger

Beat Habegger

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.


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 …


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.


Book Note, Measuring The Costs Of Humanitarian Efforts, Katerina Linos Dec 2004

Book Note, Measuring The Costs Of Humanitarian Efforts, Katerina Linos

Katerina Linos

No abstract provided.


Human Rights, Sovereignty And The Final Status Of Kosovo, Bartram Brown Dec 2004

Human Rights, Sovereignty And The Final Status Of Kosovo, Bartram Brown

Bartram Brown

No abstract provided.


Book Note: Are American Human Rights Groups Exceptional In Their Silence?, Katerina Linos Dec 2004

Book Note: Are American Human Rights Groups Exceptional In Their Silence?, Katerina Linos

Katerina Linos

No abstract provided.


Tribute To Frederic L. Kirgis, David A. Wirth Dec 2004

Tribute To Frederic L. Kirgis, David A. Wirth

David A. Wirth

No abstract provided.


The Ponderosa Claim: Opic Concludes That Argentina Violated International Law, Perry S. Bechky Dec 2004

The Ponderosa Claim: Opic Concludes That Argentina Violated International Law, Perry S. Bechky

Perry S. Bechky

In 2005, the U.S. Overseas Private Investment Corporation (“OPIC”) determined that the Government of Argentina (the “GOA”) violated international law in its response to the 2001 financial crisis, by abrogating key provisions of the license that it had granted to operate the major natural gas pipeline in southern Argentina. This case note situates the OPIC determination with the contemporaneous investor-state arbitral claims brought by private investors directly against the GOA pursuant to the terms of a number of Argentina’s Bilateral Investment Treaties (“BITs”), and then offers several observations about the relationship between BITs and OPIC’s political-risk-insurance (“PRI”) in the modern …


Die Mitwirkung Der Parlamentarischen Versammlung An Den Konventionen Des Europarats, Beat Habegger Dec 2004

Die Mitwirkung Der Parlamentarischen Versammlung An Den Konventionen Des Europarats, Beat Habegger

Beat Habegger

No abstract provided.


Desafios Da Constituição Europeia À Teoria Constitucional, Paulo Ferreira Da Cunha Dec 2004

Desafios Da Constituição Europeia À Teoria Constitucional, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

The project of the “Treaty that establishes a Constitution for the Europe”, beyond its political consequences, puts some challenges to the classical constitutional theory. At first sight, it seems completely heterodox towards canon constitutional tendencies, and first of all in what concerns the constituent power classical theories. However, a more rigorous analysis of the history of the modern constitutionalism and its founding texts, mainly French, can lead us to detect very revealing bridges between the liberal modern constitutionalism of the XVIIIth century and the present constitution making of a codified European Constitution. The “treaty” formula that was adopted also represents …


U.S. And International Asylum Standards, Kate Jastram Dec 2004

U.S. And International Asylum Standards, Kate Jastram

Kate Jastram

No abstract provided.


A-File And Record Of Proceeding Analysis Of Expedited Removal, Kate Jastram, Tala Hartsough Dec 2004

A-File And Record Of Proceeding Analysis Of Expedited Removal, Kate Jastram, Tala Hartsough

Kate Jastram

No abstract provided.


No Longer Little Known But Now A Door Ajar: An Overview Of The Evolving And Dangerous Role Of The Alien Tort Statute In Human Rights And International Law Jurisprudence, Donald J. Kochan Dec 2004

No Longer Little Known But Now A Door Ajar: An Overview Of The Evolving And Dangerous Role Of The Alien Tort Statute In Human Rights And International Law Jurisprudence, Donald J. Kochan

Donald J. Kochan

Human rights’ and other international law activists have long worked to add teeth to their tasks. One of the most interesting avenues for such enforcement has been the Alien Tort Statute (“ATS”). The ATS has become the primary vehicle for injecting international norms and human rights into United States courts – against nation-states, state actors, and even private individuals or corporations alleged to actually or in complicity or conspiracy been responsible for supposed violations of international law. This Symposium Article provides an overview of the ATS evolution (or revolution), discusses the most recent significant development in the evolution arising from …


Squaring The Circle? Reconciling Sovereignty And Global Governance Through Global Government Networks (Review Of Anne-Marie Slaughter, A New World Order), Kenneth Anderson Dec 2004

Squaring The Circle? Reconciling Sovereignty And Global Governance Through Global Government Networks (Review Of Anne-Marie Slaughter, A New World Order), Kenneth Anderson

Kenneth Anderson

This book review summarizes and critiques A New World Order, offering both an internal critique of the argument's consistency as well as an outside critique of the argument from the standpoint of the value of democratic sovereignty. The review locates Slaughter's argument within the debate over international relations realism and idealism, and further locates it within a continuum of seven idealized positions in the debate between global governance and sovereignty, with pure sovereignty at one extreme and world government at the other, with the most relevant positions of democratic sovereignty and liberal internationalism located in the middle. The article concludes …


The Uses Of Pacific Settlement Techniques In Malaysia-Singapore Relations, Chin Leng Lim Dec 2004

The Uses Of Pacific Settlement Techniques In Malaysia-Singapore Relations, Chin Leng Lim

Chin Leng Lim

States are compelled to seek flexibility in the design of their international law-related policies. Malaysia and Singapore are not exceptional in this respect. Both countries appeal to international law not infrequently when presenting their respective foreign policy positions. Both countries are active members of the UN; neither has submitted to the compulsory jurisdiction of the International Court of Justice but both have resorted to the Court by special agreement. However, while Malaysia’s decisions to litigate the Ligitan and Sipadan issue with Indonesia and to go to court with Singapore over Pedra Branca/Pulau Batu Puteh presented relatively little risk, a low-risk …