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Full-Text Articles in Law

An Interdisciplinary Approach To The Legal History Of Northern Ireland (1921-1948): Methods And Sources, Molly Lentz-Meyer Jan 2023

An Interdisciplinary Approach To The Legal History Of Northern Ireland (1921-1948): Methods And Sources, Molly Lentz-Meyer

Law Faculty Publications

Approaches from legal scholarship include primary sources such as statutes and case law, as well as legislative histories which legal scholars rarely consider ‘history’ in the same way as historians. Rather, legal scholars often look to legislative histories to discern the intent of the legislature in enacting laws for the sole purpose of interpreting a statute’s meaning. This study utilises the research tools employed by legal scholars – statutory law, case law, and legislative histories – to examine the establishment of the legal system in Northern Ireland. The study will focus on the early period of devolution (1921 – 1948) …


Microwaving Dreams? Why There Is No Point In Reheating The Hart-Dworkin Debate For International Law, Jason A. Beckett Jan 2021

Microwaving Dreams? Why There Is No Point In Reheating The Hart-Dworkin Debate For International Law, Jason A. Beckett

Faculty Book Chapters

A critique of attempts to transpose Hart and Dworkin's legal theories to international law. I demonstrate why neither approach can provide insights into international law. Hart and Dworkin are institutional theorists, their methodologies are anchored by the need to justify the exercise of socially centralised violence. International law lacks both institutions and centralised violence, and the stabilising force these bring; it is radically indeterminate. Attempts to suppress this indeterminacy have resulted in international lawyers fragmenting into communities of practice, united by their eschatological faith in the international community. I challenge this faith.


Marine Renewable Energy Law And Policy In The Bay Of Fundy: The Impact Of Ambiguous Domestic Boundaries In Canada On Nova Scotia's Regulatory Framework, Esteban Salcedo Jan 2019

Marine Renewable Energy Law And Policy In The Bay Of Fundy: The Impact Of Ambiguous Domestic Boundaries In Canada On Nova Scotia's Regulatory Framework, Esteban Salcedo

Ocean and Coastal Law Journal

Using a legal history methodology, this paper examines existing marine renewable energy law and policy in Nova Scotia with a focus on its application in the Bay of Fundy. This paper critically assesses the current approach to coastal management in light of recent recommendations summarized in the Fournier report. This paper argues that, despite clear calls to develop integrated ocean management and marine spatial planning in policies and regulations, Canada and Nova Scotia have failed to do so because of unclear federal-provincial boundaries. Ambiguous domestic borders in the Bay of Fundy have been at the source of an overly cautious, …


A Review Of The Scientific Literature Regarding Reservations In International Law, N. Fayzullaeva Jan 2017

A Review Of The Scientific Literature Regarding Reservations In International Law, N. Fayzullaeva

International Relations: Politics, Economics, Law

The main principle of the participance of Uzbekistan in international agreements is based on the defence of interest of the country and its position. In this regard the right to use reservations in international agreements is very important. So that it is neccessary to research main trends in the use of reservations, their implementation in national regime in the view of cooperation of Uzbekistan in international organizations.


Defragmentation Of Public International Law Through Interpretation: A Methodological Proposal, Anne Van Aaken Jul 2009

Defragmentation Of Public International Law Through Interpretation: A Methodological Proposal, Anne Van Aaken

Indiana Journal of Global Legal Studies

Fragmentation of public international law (PIL) is perceived as a growing problem and answers to it are proliferating. International courts and tribunals are adjudicating ever more on issues that would be considered-were they not transnational or international in nature-constitutional problems. In national law, countervailing values, or intra-constitutional conflicts, are reconciled through a balancing of those values that is usually embedded in the application of the proportionality principle. A similar mechanism in PIL remains underdeveloped from a methodological point of view. This article aims to develop a methodological proposal for defragmentation through interpretation, drawing on legal theory, to be more precise …


Conceptualizing Aggression, Noah Weisbord Jan 2009

Conceptualizing Aggression, Noah Weisbord

Faculty Publications

The special working group tasked by the International Criminal Court’s Assembly of States Parties to define the supreme international crime, the crime of aggression, has produced a breakthrough draft definition.

This paper analyzes the key concepts that make up the emerging definition of the crime of aggression by developing and applying a future-oriented methodology that brings together scenario planning and grounded theory. It proposes modifications and interpretations of the constituent concepts of the crime of aggression intended to make the definition sociologically relevant today and in the foreseeable future.


Exploring Universal Rights: A Symposium, Jamie Mayerfeld, Brooke Ackerly, Henry Shue, Jack Donnelly, Kok-Chor Tan, Charles Beitz Jan 2007

Exploring Universal Rights: A Symposium, Jamie Mayerfeld, Brooke Ackerly, Henry Shue, Jack Donnelly, Kok-Chor Tan, Charles Beitz

Human Rights & Human Welfare

A review of:

Which Rights Should Be Universal? by William J. Talbott. New York, NY: Oxford University Press, 2005. 232pp.


The Icrc Customary International Humanitarian Law Study, Yoram Dinstein Dec 2006

The Icrc Customary International Humanitarian Law Study, Yoram Dinstein

International Law Studies

No abstract provided.


An Australian Perspective On The Icrc Customary International Humanitarian Law Study, Timothy L.H. Mccormack Dec 2006

An Australian Perspective On The Icrc Customary International Humanitarian Law Study, Timothy L.H. Mccormack

International Law Studies

No abstract provided.


Study On Customary International Humanitarian Law: A Contribution To The Understanding And Respect For The Rule Of Law In Armed Conflict, Jean-Marie Henckaerts Dec 2006

Study On Customary International Humanitarian Law: A Contribution To The Understanding And Respect For The Rule Of Law In Armed Conflict, Jean-Marie Henckaerts

International Law Studies

No abstract provided.


Court-Connected Mediation Compared: The Case Of Argentina And The United States, Timothy K. Kuhner Jan 2005

Court-Connected Mediation Compared: The Case Of Argentina And The United States, Timothy K. Kuhner

ILSA Journal of International & Comparative Law

This article presents and compares data collected in Argentina and the United States during each country's initial experience with court-connected mediation.


Transnational Accountability And The Politics Of Shame, James N. Rosenau Jan 2002

Transnational Accountability And The Politics Of Shame, James N. Rosenau

ILSA Journal of International & Comparative Law

Since my work on world affairs is sensitive to the legal dimensions of the course of events, it is an especial pleasure to participate for the first time in a meeting of the International Law Association.


Deprivation, Despoilation And Destitution: Whither Environment And Human Rights In Nigeria's Niger Delta?, Ibibia Lucky Worika Jan 2001

Deprivation, Despoilation And Destitution: Whither Environment And Human Rights In Nigeria's Niger Delta?, Ibibia Lucky Worika

ILSA Journal of International & Comparative Law

Upon the inception of the new civilian administration on May 29' 2000, after almost twenty years of military rule, President Olusegun Obasanjo set up, inter alia, an eight-member Human Rights violation Investigation Commission.