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Articles 1 - 26 of 26
Full-Text Articles in Law
The End Of The Ecsc, Benedetta Carla Angela Ubertazzi
The End Of The Ecsc, Benedetta Carla Angela Ubertazzi
Benedetta Carla Angela Ubertazzi
No abstract provided.
International Criminal Court & India: Some Questions & Answers, Saumya Uma
International Criminal Court & India: Some Questions & Answers, Saumya Uma
Saumya Uma
This book was an outcome of an attempt to fill the “information gap” presently faced in making the ICC meaningful to civil society in India. It is based on questions that are frequently raised during workshops that the ICC-India campaign has conducted in various parts of the country. The contents of the book are in the form of questions and answers, and the book explains complex issues in a simple language. The publication is specially intended for Indian human rights organizations, activists and legal professionals engaged in campaigns on law and policy reform issues on human rights. This publication forms …
¿Prevalecen Los Tratados Internacionales Sobre La Constitución? Propuesta De Una Doctrina No Extremista, Juan Carlos Riofrío Martínez-Villalba
¿Prevalecen Los Tratados Internacionales Sobre La Constitución? Propuesta De Una Doctrina No Extremista, Juan Carlos Riofrío Martínez-Villalba
Juan Carlos Riofrío Martínez-Villalba
No abstract provided.
The Australia-United States Free Trade Agreement 2004 And The Copyright Term Extension. A Submission To The Senate Select Committee., Matthew Rimmer
The Australia-United States Free Trade Agreement 2004 And The Copyright Term Extension. A Submission To The Senate Select Committee., Matthew Rimmer
Matthew Rimmer
Petition For The Redress Of Violations Of Human Rights Guaranteed By The American Declaration Of The Rights And Duties Of Man, Inter-American Commission On Human Rights, Jeffrey C. Tuomala
Petition For The Redress Of Violations Of Human Rights Guaranteed By The American Declaration Of The Rights And Duties Of Man, Inter-American Commission On Human Rights, Jeffrey C. Tuomala
Jeffrey C. Tuomala
No abstract provided.
The Place Of Human Rights Law In World Trade Organization Rules, Stephen Joseph Powell
The Place Of Human Rights Law In World Trade Organization Rules, Stephen Joseph Powell
Stephen Joseph Powell
WTO rules routinely are linked to the inability of nations to make meaningful progress in sharpening environmental and other human rights protections, for example, the failure of the 2002 Johannesburg World Summit on Sustainable Development to usher in any new treaties despite the bright promise of the Rio Earth Summit of the previous decade. The common brief of environmental, medical, and development interest groups is that the market principles of supply and demand, comparative advantage, and non-discrimination on which global trade rules are built have encumbered pursuit by nations of fundamental non-economic objectives that must in any reasoned legal hierarchy …
Les Services D’IntéRêT GéNéRal : Une Identité EuropéEnne Du Rapport De L’ÉTat Au Marché ?, Philippe Reyniers
Les Services D’IntéRêT GéNéRal : Une Identité EuropéEnne Du Rapport De L’ÉTat Au Marché ?, Philippe Reyniers
Philippe Reyniers
In the context of the European Constitution, this article evaluates the European law applicable to services of general interest. It also analyses the normative premises of its regime, in a comparative perspective with the structures of the national welfare state.
Parallel Imports In India, Sonia Baldia
The Application Of Customary International Law By National Courts: Introduction, André Nollkaemper
The Application Of Customary International Law By National Courts: Introduction, André Nollkaemper
André Nollkaemper
No abstract provided.
The Relationship Between Internationalized Courts And National Courts, Jann K. Kleffner, André Nollkaemper
The Relationship Between Internationalized Courts And National Courts, Jann K. Kleffner, André Nollkaemper
André Nollkaemper
No abstract provided.
The Final Balance Sheet? The International Criminal Court’S Challenges And Concessions To The Westphalian Model, Jackson N. Maogoto
The Final Balance Sheet? The International Criminal Court’S Challenges And Concessions To The Westphalian Model, Jackson N. Maogoto
Jackson Nyamuya Maogoto
This Article examines the organization and operating principles of the Court. Many aspects of the Rome Statute challenge fundamental tenets of the structure of international law existing heretofore. No analysis could address all the aspects of this new international institution and the Article seeks to focus attention on some of its major features impacting on State sovereignty--the focus of this Article. Part II of the Article explores the structure and competence of the Court and in particular the powers of the prosecutor, general principles underlying the jurisdiction of the Court, the formulation of the complementarity principle in the Court’s Statute, …
Running Backs, Wolves, And Other Fatalities: How Manipulations Of Coherence In Legal Opinions Marginalize Violent Death, Jonathan Yovel
Running Backs, Wolves, And Other Fatalities: How Manipulations Of Coherence In Legal Opinions Marginalize Violent Death, Jonathan Yovel
Jonathan Yovel
By examining legal cases that involve violent death and its marginalization by the courts, this essay looks into the relations between narrative coherence and narrative absurd in judicial opinions. Coherence, rather than a static, unequivocal characteristic of legal narratives, is studied here as a highly manipulable narrative and rhetorical performance. Giving a performative twist to reader-response approaches I do not really ask what is the meaning of this text (as construed by its reading)? but rather, working from the position of the text's discursive community, what does this text do? The reading of these cases explores how judicial narration and …
Curriculum Development At A New Law School: Dismantling The Walls Of Separation, Jeffrey C. Tuomala
Curriculum Development At A New Law School: Dismantling The Walls Of Separation, Jeffrey C. Tuomala
Jeffrey C. Tuomala
No abstract provided.
Intimidated Victims & Witnesses: Treated With Hostility, Saumya Uma
Intimidated Victims & Witnesses: Treated With Hostility, Saumya Uma
Saumya Uma
This article advances the need for an Indian legal regime for protecting the interests of victims and witnesses. It draws from international standards and experiences of other countries, grounding the same in the contemporary Indian context.
Some Reflexions Concerning Jurisdiction In Cases On Cross-Border Trademark Infringements Through The Internet, Ulf Maunsbach
Some Reflexions Concerning Jurisdiction In Cases On Cross-Border Trademark Infringements Through The Internet, Ulf Maunsbach
Ulf Maunsbach
No abstract provided.
Etat Des Lieux Des Droits De L’Homme, Du Droit International Humanitaire Et Du Droit International Pénal Face Aux Requêtes En «Réparation» Des Grands Crimes De L’Histoire: Bilan Prospectif (In French), Bartram Brown
Bartram Brown
No abstract provided.
Barely Borders: Issues Of International Law, Bartram Brown
Barely Borders: Issues Of International Law, Bartram Brown
Bartram Brown
No abstract provided.
Intervention, Self-Determination, Democracy And The Residual Responsibilities Of The Occupying Power In Iraq, Bartram Brown
Intervention, Self-Determination, Democracy And The Residual Responsibilities Of The Occupying Power In Iraq, Bartram Brown
Bartram Brown
No abstract provided.
America Goes Global, Daniel Kanstroom
Stories From Immigration Practice, Daniel Kanstroom
Stories From Immigration Practice, Daniel Kanstroom
Daniel Kanstroom
No abstract provided.
Direitos Humanos - Jornal O Povo, Haradja L. Torrens
Direitos Humanos - Jornal O Povo, Haradja L. Torrens
Haradja L Torrens
No abstract provided.
Preemption In The 21st Century: What Are The Legal Parameters?, Paul R. Williams, Scott Lyons, Tali Neuwirth
Preemption In The 21st Century: What Are The Legal Parameters?, Paul R. Williams, Scott Lyons, Tali Neuwirth
Paul Williams
While there has been significant political discussion as to the utility and/or risks associated with the doctrine of preemption, the legal debate has to date been fairly limited. Few if any have sought to define the legal parameters of the doctrine. The purpose of this article is to help define the appropriate legal parameters for use of the doctrine. This article will first review the strategic rationale for preemption, and a detailed definition of the modern doctrine. This will be followed by a review of the United States’ government’s legal rationale and a review of the emerging legal debate before …
Earned Sovereignty: An Emerging Conflict Resolution Approach, Paul R. Williams, Karen Heymann
Earned Sovereignty: An Emerging Conflict Resolution Approach, Paul R. Williams, Karen Heymann
Paul Williams
No abstract provided.
Establishing A Stable Democratic Constitutional Structure In Iraq: Some Basic Considerations, Paul Williams
Establishing A Stable Democratic Constitutional Structure In Iraq: Some Basic Considerations, Paul Williams
Paul Williams
As the situation in Iraq continues to stabilize, the people of Iraq will turn to the task of reconstituting an Iraqi state. One of the first steps in this process will be to design, agree upon, and implement a new constitutional structure. While drafting a new constitution is a difficult and contentious process for any country, the challenges are substantially magnified for Iraq given its complex mosaic of ethnic and religious identities, the history of repression under Saddam Hussein, the necessary presence of American forces, and Iraq’s complex relations with its neighboring states. The overriding tension faced by the drafters …
The Idea Of Equality And Affirmative Actions, Paulo Barrozo
The Idea Of Equality And Affirmative Actions, Paulo Barrozo
Paulo Barrozo
The article starts out from a concise reconstruction of the republican and the democratic ideals in the context of the modern expansion on emancipatory ideals and programs so as to produce an understanding of the principle of equality in light of them. It then seeks to develop the rudiments of a constitutional theory of equality consistent with the emancipatory ideals from which it derives its most robust meaning. In its last segment the article examines the question of "affirmative action" in the access to higher education within the scope of the proposed basis for a theory of equality.
The Political Economy Of The Production Of Customary International Law: The Role Of Non-Governmental Organizations, Donald J. Kochan
The Political Economy Of The Production Of Customary International Law: The Role Of Non-Governmental Organizations, Donald J. Kochan
Donald J. Kochan
Increasingly, United States courts are recognizing various treaties, as well as declarations, proclamations, conventions, resolutions, programmes, protocols, and similar forms of inter- or multi-national “legislation” as evidence of a body of “customary international law” enforceable in domestic courts, particularly in the area of tort liability. These “legislative” documents, which this Article refers to as customary international law outputs, are seen by some courts as evidence of jus cogens norms that bind not only nations and state actors, but also private individuals. The most obvious evidence of this trend is in the proliferation of lawsuits against corporations with ties to the …