Vertical Restraints in EEC competition Law
In: Legal issues of economic integration: law journal of the Europa Instituut and the Amsterdam Center for International Law, Universiteit van Amsterdam, Band 15, Heft 2, S. 15-59
ISSN: 1566-6573, 1875-6433
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In: Legal issues of economic integration: law journal of the Europa Instituut and the Amsterdam Center for International Law, Universiteit van Amsterdam, Band 15, Heft 2, S. 15-59
ISSN: 1566-6573, 1875-6433
In: Society register, Band 3, Heft 3, S. 151-158
ISSN: 2544-5502
The paper discusses and criticizes views on various aspects of the situations of animals within human societies offered by authors presenting at the seminar held at the Research Centre for Public Policy and Regulatory Governance. They include legal, ethical as well as socio-psychological problems about animal welfare and the attempts to improve the conditions in which animals are treated. The author hints at the theoretical background as well as implications of some of the ideas that are advocated in the ongoing legal and ethical debates over animal welfare. The discussion aims to shed some light on how the cross-disciplinary studies and exchanges that include biologists, psychologists, sociologists as well as legal researchers may contribute to numerous controversies in the contemporary animal law scholarship.
In: Developments in international law volume 74
Introduction : non-state actors, changing actors, and subjects of international law / Charles-Emmanuel Côté -- Sovereignty's accommodations : quasi-states as international lawmakers / Kathleen Claussen -- Quasi-States and sport : building a case for statehood / Ryan Gauthier -- Self-determination claimant groups and the creation of international norms / Amy Maguire -- Indigenous peoples as actors in international law-making : focusing on international environmental law / Yuko Osakada -- Legally sculpting a melting arctic : states, indigenous peoples and justice in multilateralism / Sabaa Ahmad Khan -- Legitimacy, participation, and international law-making : 'fixing' the restitution of cultural property to indigenous peoples / Shea Elizabeth Esterling -- Procedural barriers to indigenous peoples' participation in international lawmaking : extended continental shelf delimitation in Inuit Nunaat / Zhannah Voukitchevitch -- Non-state actors as invisible law makers? Domestic Implementation of Financial Action Task Force (FATF) Standards / Mari Takeuchi -- Reorienting the role of nonstate actors in global climate governance / Jason MacLean -- The influence of the individual and the corporation on the state's exercise of jurisdiction under international law : the case of business and human rights arbitration / Sarah Castles -- Beyond the state : individual civil responsibility for violations of international law / Miriam Cohen -- Asymmetrical legal conflicts / Shiri Krebs -- Reconsidering the classification of extraterritorial conflict with armed groups in international humanitarian law / Shin Kawagishi -- The status of rebels in non-international armed conflict : do they have the right to life? / Kentaro Wani -- Non-state actors in international dispute settlement : the case of domestic investment statutes / Jarrod Hepburn.
In: US Naval War College, International Law Studies (Blue Book) Series, Vol. 86, pp. 289-321, 2010
SSRN
In: Natural Resources Journal
Formal legal systems comprise a major part, but not the only part, of the "rules of the game" that structure social and socialecological interactions. Throughout the twentieth century, centralization and consolidation of legal authority were dominant themes among many, if not all, legal systems. That process may have been successful in some cases, but in others the presumed economies of scale from consolidation and centralization either did not materialize or were offset by other social costs, including the failure to accommodate local knowledge, expertise, and preferences. In what could become a theme of the twenty-first century, many countries, including developing countries, have started to experiment with more polycentric legal systems, as the Nobel Laureate Elinor Ostrom referred to them, where local users and user groups have a substantial say in designing and administering rules that apply to them. This case study of Kenya amounts to a history of trial-and-error in efforts to develop an effective legal regime to govern use of irrigation water, in a country that has suffered for more than a century from seasonal water scarcity, inefficient water use, and user conflicts over water resources. From colonial efforts to import British riparian law to complete centralization of legal authority early in the post-colonial period, pressure on irrigation water resources and water users only increased. Beginning in 2003, however, the government of Kenya has been engaged in a process that is not one of simple decentralization or devolution of authority; rather, it is a story of increasing polycentricism, with meaningful participation by local, regional, and national actors in law-making and administration. The starting point actually occurred in 1997, when local water users (advised by NGOs) formed Kenya's first Water User Association (WUA) to help avoid and minimize local water-use conflicts. It worked so well that the national government took notice. In 2003, Kenya's parliament enacted a brand new Water Act, which not only legally recognized the existing WUA, but actively encouraged and facilitated the creation of what the statute referred to as Water Resources Users Associations (WRUAs). This move to polycentricism appears to have reduced problems, including conflicts, relating to periodic water shortages; and recently drafted (but not yet adopted) legislative proposals would have the effect of strengthening Kenya's embrace of polycentric legal control over irrigation water management.
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In: Netherlands international law review: NILR ; international law - conflict of laws, Band 55, Heft 2
ISSN: 1741-6191
In: Netherlands international law review: NILR ; international law - conflict of laws, Band 9, Heft 2, S. 113
ISSN: 1741-6191
In: European journal of law and economics, Band 44, Heft 1, S. 131-156
ISSN: 1572-9990
In: International law studies 71
In: INTERNATIONAL LAW IN A MULTIPOLAR WORLD, Matthew Happold, ed., London, Routledge, 2011
SSRN
This article aims to explore the models of application of Islamic law in Indonesia by the State, ranging from traditional to modern, including aspects of reform. This research found the fact that at the beginning of the entry of Islam to the archipelago, the propagators of Islam had partially applied Islamic law, especially after the establishment of Islamic kingdoms in several areas. However, after the establishment of the Unitary State of the Republic of Indonesia, the model of applying Islamic law underwent renewal with formalistic, religious-ethics, and convergence models. Unfortunately, in the production stage, the implementation encountered many obstacles because it had to enter the realm of practical politics. Therefore, its development continues to move partially, such as the issuance of the Marriage Law, Zakat, Hajj, and so on, including through material review in the Constitutional Court.
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In: Vesci Nacyjanal'naj Akadėmii Navuk Belarusi: Izvestija Nacional'noj Akademii Nauk Belarusi = Proceedings of the National Academy of Sciences of Belarus. Seryja humanitarnych navuk = Serija gumanitarnych nauk = Humanitarian series, Band 69, Heft 2, S. 160-168
ISSN: 2524-2377
The author raises the problem of the relevance of educational means tested by law to the information agenda. The online world has presented legal theory and legal practice with difficult questions. The well-trodden strategies of legal positivism are programmed for a different status state of society than the state of a network-type society. Previous approaches are not always effective regarding communication processes. Information law, more than other legal disciplines, feels the need for creative research tools. Its use is associated with certain risks. However, the formulation and solution of non-trivial cognitive problems requires the reinforcement of traditional methodological strategies with innovative ones. Information-legal, synergetic, phenomenological and other approaches, mastering axiological techniques and convergent techniques are called upon to replenish the heuristic resource of formal dogmatic means. Fidelity to the authority of traditions, together with a readiness to verify unknown research experience, is the way to increase scientific knowledge.
In: The International Library of Ethics, Law and Technology 11
In: SpringerLink
In: Bücher
In: Schultz , T 2015 , ' Arbitral Decision-Making : Legal realism and Law & economics ' , Journal of International Dispute Settlement , vol. 6 , no. 2 , pp. 231-251 .
As the social impact and role of international arbitration receives increasing attention, one central theme in this conundrum gains prominence: how do arbitrators decide cases? What influences arbitral decision-making? With the progressive opening of scholarship in the field to interdisciplinary approaches and studies going beyond doctrinal work, the question often takes the following form: do arbitrators apply the law, or do they make decisions based on something else – personal preferences, political biases, etc? When empirical studies fail to find significant statistical evidence of the role of extra-legal factors in their decision-making, the conclusion is drawn that arbitrators do indeed nothing else than apply the law. This article argues that the question so posed is an argumentative fallacy. Using the epistemology of legal realism and a simple methodology of law & economics, this article maintains that arbitrators, like every dispute resolver, are likely to always rely on both legal and extra-legal factors. It focuses on identifying, in the abstract, possible extra-legal factors which may amount to incentives and constraints placed by the current ecosystem of arbitration on arbitral decision-making.
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Introduction -- Sex Selective Abortion: A Feminist Interpretation of Legal Dilemmas and Policy Initiatives in India -- Impunity Assured and Impunity Snatched: The State and the Discourse of Rape in India -- Normalisation of Domestic Violence in India -- Sex Work in India: Invisible Labour, Deviant Sexuality and Experience of Violence -- Citizenship and Transgenders: Analysing the Legal and Policy Discourse in India -- State, Law and Resistance.