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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.


Report Of The 1st National Consultation On International Criminal Court & India, Saumya Uma Dec 2005

Report Of The 1st National Consultation On International Criminal Court & India, Saumya Uma

Saumya Uma

This publication contains a detailed report of each session of the 1st National Consultation on the ICC & India, held in Delhi on 8-9 December 2005.


Morgen Nu (In: Jubileum Nummer Ier, 2005), Severin De Wit Oct 2005

Morgen Nu (In: Jubileum Nummer Ier, 2005), Severin De Wit

Severin de Wit

This article appeared in the Dutch language magazine (IER) in 2005


Petitioner's Observations On Canada's Additional Information, Jeffrey C. Tuomala Sep 2005

Petitioner's Observations On Canada's Additional Information, Jeffrey C. Tuomala

Jeffrey C. Tuomala

No abstract provided.


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.


U.S. And International Asylum Standards, Kathryn Jastram, Mark Hetfield Et Al. Jan 2005

U.S. And International Asylum Standards, Kathryn Jastram, Mark Hetfield Et Al.

Kate Jastram

No abstract provided.


The Laws Of War In The Pre-Dawn Light: Institutions And Obligations In Thucydides’ Peloponnesian War, Steve Sheppard Jan 2005

The Laws Of War In The Pre-Dawn Light: Institutions And Obligations In Thucydides’ Peloponnesian War, Steve Sheppard

Steve Sheppard

This Essay, in honor of Oscar Schachter, discusses Thucydides’ account of the Peloponnesian War, not only glimpsing into the events surrounding the conflict but also considering how the sparring greek city-states understood and manifested laws of war. This article describes numerous customs, practices, and procedures including respect for truces, ambassadors, heralds, trophies, and various forms of neutrality the ancients adhered to during times of conflict. The greek city-states and their warriors recognized and enforced obligations concerning a city-state’s right to war (jus ad bellum) and conduct in war (jus in bello). While the ancients’ laws of war were always recorded …


A Multifuncionalidade Da Agricultura E O Aproveitamento Dos Recuroso Naturais: Preocupação Legítima Ou Protecionosmo Disfarçado, Daniela Menengoti Ribeiro Jan 2005

A Multifuncionalidade Da Agricultura E O Aproveitamento Dos Recuroso Naturais: Preocupação Legítima Ou Protecionosmo Disfarçado, Daniela Menengoti Ribeiro

Daniela Menengoti Ribeiro

No abstract provided.


Reaching The Asian Tiger: A New Mexico-Japan International Framework For Investment, Alejandro Faya Rodriguez Jan 2005

Reaching The Asian Tiger: A New Mexico-Japan International Framework For Investment, Alejandro Faya Rodriguez

Alejandro Faya Rodriguez

No abstract provided.


Acuerdo Mexico-Estados Unidos De América Para El Fomento De La Inversión Con Garantía De Opic, Alejandro Faya Rodriguez Jan 2005

Acuerdo Mexico-Estados Unidos De América Para El Fomento De La Inversión Con Garantía De Opic, Alejandro Faya Rodriguez

Alejandro Faya Rodriguez

No abstract provided.


Mexico Signs Two New Bilateral Investment Treaties, Alejandro Faya Rodriguez Jan 2005

Mexico Signs Two New Bilateral Investment Treaties, Alejandro Faya Rodriguez

Alejandro Faya Rodriguez

No abstract provided.


Complying With Mexico's National Registry Of Foreign Investment, Alejandro Faya Rodriguez Jan 2005

Complying With Mexico's National Registry Of Foreign Investment, Alejandro Faya Rodriguez

Alejandro Faya Rodriguez

No abstract provided.


Conceptualizing Accountability In Public International Law, Deirdre Curtin, André Nollkaemper Jan 2005

Conceptualizing Accountability In Public International Law, Deirdre Curtin, André Nollkaemper

André Nollkaemper

This article introduces in general terms the concept of accountability and its potential to international and European legal scholarship. It argues that the scale of the shifts in governance and public authority away from the territorial state towards different forms and levels of governance, within and beyond the parameters of the traditional nation state, call for shifts in accountability relatiosnhips beyond that applicable within the confines of the territorial state. This, in turn, requires a rethinking of the concept, aims and forms of accountability applying in international and European law. The articles explore five afspects of the concept of accountability: …


Attribution Of Forcible Acts To States: Connections Between The Law On The Use Of Force And The Law Of State Responsibility, André Nollkaemper Jan 2005

Attribution Of Forcible Acts To States: Connections Between The Law On The Use Of Force And The Law Of State Responsibility, André Nollkaemper

André Nollkaemper

No abstract provided.


The Status And Protection Of Unlawful Combatants, René Värk Jan 2005

The Status And Protection Of Unlawful Combatants, René Värk

René Värk

No abstract provided.


The Seller's Right To Cure A Failure To Perform In International Sales, Jonathan Yovel Jan 2005

The Seller's Right To Cure A Failure To Perform In International Sales, Jonathan Yovel

Jonathan Yovel

The right of a defaulting party to cure a non-performance under the condition that such cure does not create any – or at least any excessive – hardship for the aggrieved party, correlated by the aggrieved party’s obligation to receive such curative performance, has emerged as the single most innovative contribution of the Uniform Commercial Code to sales law in general. However, in comparative perspective the cure doctrine is by no means universal nor uniform. This study offers a construction of the meaning of contractual cure and in particular its relation to the aggrieved party’s power to terminate the contract …


Equitable And Reasonable Use Of Water In The Euphrates-Tigris River Basin, Prof. Elizabeth Burleson Jan 2005

Equitable And Reasonable Use Of Water In The Euphrates-Tigris River Basin, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

The geopolitics of the Euphrates-Tigris River Basin are marked by a scarcity of both water and trust. Management of transboundary water resources has become one of the most significant challenges to the international community. Limited territorial sovereignty is emerging as a customary rule of international law and is supported by the Convention on the Law of Non-navigational Uses of International Watercourses, the Gabcikovo-Nagymaro case, a growing number of regional water treaties, and the majority of the most highly qualified scholars. The International Court of Justice has condemned unilateral action. Joint water management commissions and authorities enhance adaptable co-riparian cooperation. By …


Juvenile Execution, Terrorist Extradition, And Supreme Court Discretion To Consider International Death Penalty Jurisprudence, Prof. Elizabeth Burleson Jan 2005

Juvenile Execution, Terrorist Extradition, And Supreme Court Discretion To Consider International Death Penalty Jurisprudence, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

European human rights law and multilateral conventions have raised United States death penalty policy to an international level. Treaties and international institutions have impacted the extradition of capital offenders and influenced the development of human rights law within the United States. Refusal to extradite without assurances that the death penalty will not be imposed has continuing ramifications for the implementation of transnational counter-terrorism measures. Determining a contemporary standard of decency regarding cruel and unusual punishment, what shocks the public conscious, or what constitutes torture depends upon what societal parameters one uses. The Supreme Court's readiness to examine international developments in …


International Criminal Court & India: Responses To Queries Raised By Parliamentarians, Saumya Uma Jan 2005

International Criminal Court & India: Responses To Queries Raised By Parliamentarians, Saumya Uma

Saumya Uma

This is a pocket-book consisting of queries raised by Parliamentarians at the first consultative meeting organized by ICC-India campaign / Women's Research & Action Group on the International Criminal Court (ICC), in August 2005, and written responses to the same. It is aimed at strengthening the information dissemination efforts on ICC with Indian Parliamentarians.


Paper Empires: The Legal Dimensions Of French And English Ventures In North America, Brian Slattery Jan 2005

Paper Empires: The Legal Dimensions Of French And English Ventures In North America, Brian Slattery

Brian Slattery

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.