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In: Key themes in ancient history
This book explains how Roman law worked for those who lived by it, by viewing it in the light of the society and economy in which it operated. Written in an accessible style with the minimum of legal technicality, the book is designed for students and teachers of Roman history as well as interested general readers. Topics covered include the family and inheritance, property and the use of land, business and commercial transactions, and litigation. In this second edition, all chapters have been extensively revised and updated, and a new chapter on crime and punishment has been included. The book ends with an epilogue covering the fate of Roman law in medieval and modern Europe. David Johnston is a lawyer practising in the courts and draws on his experience of law in practice to shape the work and provide new insights for his readers.
In: Is International Law International?, Oxford University Press (2017)
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In: Comparative studies of South Asia, Africa and the Middle East, Band 42, Heft 1, S. 3-19
ISSN: 1548-226X
This article analyzes the way that political actors, advocate lawyers, and European administrators leveraged the designations political prisoner, political refugee, and prohibited immigrant to claim rights for inhabitants of the UN trust territories of French Cameroon and British Cameroons in the 1950s. Incarcerated activists identified themselves as political prisoners as they claimed that their human rights were upheld by international legal norms outlined in UN documents such as the Charter, the Universal Declaration of Human Rights, and the Trusteeship Agreements, which bound administering authorities to uphold these principles. Having imposed politics onto the prison, Cameroonian nationalists who escaped repression in French Cameroon by fleeing to British territory politicized their exile as they claimed refugee status in British Cameroons, a territory they viewed as belonging to the nation they envisioned. In so doing, Cameroonian nationalists revealed embryonic refugee law to be more aspirational than universally applicable—but nonetheless laid claim to its protections in ways that did, in some cases, sway the courts. The focus on the legal cases of political prisoners and refugees shows how Cameroonian nationalists viewed the rights that international law established or promised as legitimizing their anti-colonial revolutionary state-building project. With the advocate lawyers who represented them, legally minded Cameroonian nationalists acted, defended, and claimed as though the trusteeship system had universalized a decolonized international law. Contributing to emerging scholarship on the relation of international law to global inequality in the decolonizing age, this article gives an account of a decolonizing worldmaking at the grassroots, where, through discrete legal cases, actors practiced articulating anti-colonial revolution with international law, contesting it and shaping it to their aspirations.
In: Bulletin of the Transilvania University of Braşov. Series VII, Social sciences, law, Band 61(12), Heft 2, S. 411-418
ISSN: 2066-771X
In: International studies quarterly: the journal of the International Studies Association, Band 58, Heft 3, S. 501-514
ISSN: 1468-2478
A large body of work points to diverging civil-military views on the initial decision to use force, yet there is little sense if similar differences hold over appropriate conduct in the midst of armed conflict. The rise of international laws governing behavior during war has similarly raised the question of whether these rules can shape the beliefs of various domestic actors. This paper seeks to address both gaps in the literature by leveraging the use of experiments embedded in a pair of US national surveys to examine the impact of international law and military experience on individual attitudes toward torture. The results show veterans are significantly more likely to support torture compared to civilians without any prior military background. International law further reduces civilian support for torture, while veterans are largely unaffected by general legal appeals. However, when facing highly precise rules, or where the threat of punishment is delegated to third parties, more legalized agreements can significantly reduce veteran support for torture. The results have implications for the study of institutional design, the differential effects of legal norms on nonstate actors, and the potential for greater awareness of the laws of war to influence attitudes toward wartime violence. Adapted from the source document.
In: Studies in private international law - Asia volume 3
Subject matter of private international law / Xiaohong Liu, Xin Cai -- Sources of law / Xin Cai -- History of private international law / Xin Cai -- Classification / Xin Cai -- Preliminary question / Xin Cai -- Dépeçage / Xin Cai -- Renvoi / Xin Cai -- Point of contact / Xin Cai -- Ascertainment of foreign law / Xin Cai -- Public order, mandatory rules and evasion of law / Xin Cai -- Jurisdiction in personam / Jianping Shi and Zijun Zhai -- Jurisdiction in shipping claims / Jianping Shi and Zijun Zhai -- Immunities from jurisdiction / Jianping Shi and Zijun Zhai -- Law of obligations / Qingkun Xu -- Law of property / Lin Jia, Qingxuan Wu, Zhengyi Zhang -- Jurisdiction and applicable law in matters of intellectual property in China / Yang Cao -- Family law / Zhengyi Zhang, Jingning Zhang -- Law of corporations and insolvency / Xiaolin Li -- Competition law / Maozhong Ding, Dan Wang -- Recognition / Zhengyi Zhang, Zhen Zhang -- Enforcement of judgments / Zhengyi Zhang -- Interregional judicial assistance / Jun Chen -- International commercial arbitration / Shuo Feng -- Investment treaty arbitration / Junrong Song, Min Han -- China's role in the work of international organisations / Zhengyi Zhang, Yannan Liu -- The belt and road initiative and Chinese private international law / Zhengyi Zhang -- The future of private international law / Guojian XU, Zhengyi Zhang.
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