Suchergebnisse

When is a norm peremptory? This is a question that has troubled legal scholars throughout the development of modern international law. In this work, Daniel Costelloe suggests - through an examination of State practice and international materials - that it is the legal consequences of a norm which distinguish it as peremptory. This book sheds new light on the legal consequences that peremptory norms have, for instance, in the law of treaties, international responsibility and state immunity. Unlike their substance or identification, the consequences of peremptory norms have remained under-studied. This book is the first specifically on this topic and is essential reading for all scholars and practitioners of public international law

Although often not apparent to the average business person or even the average lawyer, changes are currently underway, both domestically and internationally, to adapt existing commercial law doctrines to accommodate electronic transactions and the technologies that underlie them. The Uniform Commercial Code (Code) is undergoing substantial revision in order to respond to changes in business practice and the use of electronic communications technologies. These revisions will provide many of the basic rules to support and facilitate electronic commerce, and, to the extent possible, are being coordinated with international efforts in the field. While progress in the creation of uniform laws may not always be as visible to the business community and the business bar as are actions on Capitol Hill, efforts to expand uniform law efforts outside the Code to accommodate electronic trade in a manner harmonious with the Code are also underway. Members of the business law bar should become aware of these developments because the pressing issues raised by electronic commerce both on and off the Internet are being subjected to thoughtful debate by the drafters of these revisions. What follows is a necessarily brief overview of the manner in which the Code is being revised and related legislation is being prepared to respond to the demands of an electronic age. While many of the revisions discussed below are not complete, a final product is anticipated within the next year. Contained in these various legislative efforts is a blueprint for the future of electronic commerce.

Abstract There is a pretty wide belief that 'soft law' together with self-regulation provide suitable regulatory tools for emerging science and technology (S&T), possibly better tools than 'hard law' to cope with the need for both flexibility and adjustment to novelty and prevailing uncertainties. Soft law and self-regulation, it is argued, may also respond more adequately to increased pressure for opening up regulation to new governance modes arising from mounting public unease with S&T in ethically and socially sensitive or controversial domains. However, doubts have also accompanied the use of soft law, as well as of self-regulation: although often designed to enhance more active participation and dialogue with the civil society, and ultimately to increase decision-making legitimacy, they are perceived as lacking transparency and accountability too. Our overview of the EU regulatory response to various emerging technologies in recent decades led us to the conclusion that the overall picture is more complex than these beliefs may suggest. Actually, soft law and self-regulation have been resorted to as regulatory tools mostly as preparatory or complementary tools to 'hard law'. ; European Union's the 7th Framework Programme for Research and Development.

The aim of the study is to analyze the case law of the European Court of Human Rights on genetic information in the scope of international biomedical law, as expressed in the International Declaration on Human Genetic Data and the Convention on the Protection of Human Rights and Human Dignity in the Field of Application of Biology and Medicine. The Court held that the genetic information is protected under the law of the Convention on Human Rights and Fundamental Freedoms. The model of the right to respect for private life is reflected in its shape, as the Court noted in the Van der Velden v. The Netherlands and S. and Marper v. The United Kingdom cases. It leads to the conclusion that the provision of Article 8 of the Convention provides the protection of genetic information, subject to certain restrictions that are "in accordance with law" and "necessary in a democratic society". Such conclusion is in compliance with art. 12, art. 17 (b) art. 21 (c) of the International Declaration on Human Genetic Data, and art. 11 of the Convention for the Protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine.

The three decades of "world–shaking" reform and the opening up are believed to have brought enormous changes to China. Today, few can deny China's crucial position in the global economy. However, aside from the obvious economic changes, it is uncertain whether the previously mysterious, untouchable and reclusive China thoroughly reformed itself from the demonized character during the globalization trend and years after the Cold War. Today, when 'national image becomes an important part in soft power competition among countries…and a very significant strategic issue China faces in the development process', this article aims at examining the scope and specific 'frames' that American mainstream news media use to report on China's party-state leaders over the past 3 decades. Through the contents analysis of Time and Newsweek, the study finds that the image of China's party-state leaders has not been drastically different under the framing. Since the judging criteria for the American mainstream news media towards political leadership has not significantly changed, they would still show certain disapprovals to the political aspects of China not change at all even after thirty years reform.

"The term anarchism derives from the Greek word 'anarchia' meaning without ruler or leader, and without law. But although the roots of the word can be traced back to ancient Greece, anarchism as a political ideology is relatively new. Anarchism developed as a political ideology at the end of the eighteenth century at the time of the emergence of the modern State. And, as is well known, anarchism developed both a politics and a way of life that did not include the State as its compass, support and structure. In contrast to the extensive contemporary literature about anarchist politics and ideas, this book focuses on the practices and attitudes that constitute what the author refers to as an anarchist 'art of life'. The book draws on archival material that record the life and actions of the anarchist Emma Goldman and her associates, legal documents and writings by classical (Pierre Joseph Proudhon, Peter Krotopkin) and contemporary anarchists (David Graeber, Saul Newman, Ciarra Bottici), as well as contemporary groups such as the Clandestine Insurgent Rebel Clown Army, and Occupy Wall Street. By attending to the idiosyncrasies of this art of life, it argues, we are better able to appreciate how anarchism is not some future utopian oriented project, waiting to come into existence after a revolution, but rather exists in parallel to the life and politics offered by the State. Anarchism: An Art of Living without Law will be of interest to graduate students and academics working on critical legal theory, political theory, sociology and cultural studies"--

Indonesia's new basic forestry law makes some promising steps towards devolving control over forests to customary communities. This chapter analyzes the law's provisions for new institutional arrangements, "customary communities" and co-operatives. The analysis shows how the extent of centralized control over these institutions potentially limits the law's support for local management. Rights to local management under the new law are vulnerable to abuse if they are aquired by unintended parties. Empowerment of customary communities is constrained by the restrictions on economic rights. For devolution to occur, the implementing regulations should create legal possibilities for communities to manage with more certainty, to gain secure access to valuable economic benefits and to overcome conflicts with more powerful groups. A broader base of civil society organisational capacity and systematic checks and balances within government are necessary to support these changes.

Introduction to Taxation -- Part I: Selected History of Indian Taxation: Taxation in Ancient India -- Taxation Under the Mughals.-Taxation in Early British Period.-Taxation in Pre-independence Period—The Salt Tax -- Part II: Theory of Taxation: Principles of Taxation -- Market Behaviour of Consumers and Producers -- Introduction of a Tax in the Market -- Incidence of a Tax -- Equity Effects of Taxation -- Tax and Stabilisation of the Economy -- Part III: Tax Law: Tax Assignment and Revenue Sharing -- Tax Legislation -- Drafting Tax Law -- Part IV: Prevalent Taxes: Income Taxes—Design and Evidence -- Taxation of Income from Interest, Dividends, and Capital Gains -- Taxation of Individual Income—India Case Study -- Corporate Income Tax—Design and Evidence -- Corporate Income Tax—India Case Study -- Minimum Alternate Tax —India Case Study -- Consumption and Production Taxes -- Environment Taxes and User Charges -- Indirect Taxation Prior to GST—India Case Study -- Goods and Services Tax (GST) —India Case Study -- Taxation of International Trade—Design and Experience -- Unusual Taxes -- Part V: International Taxation: Double Taxation Avoidance Agreements -- Specific Anti-Avoidance Rules (SAAR) -- General Anti-Avoidance Rules (GAAR) -- Tax Base Erosion and Profit Shifting (BEPS) -- Taxation of Digital Economy -- Part VI: Tax Administration: Structure, Customers and People -- Key Administration Processes -- Dispute Management -- Technology and Research -- Customs Administration -- Part VII: Ideal Tax Design: A Good Tax System: A Rapid Review.

Abstract This article explores the challenge of developing a feminist law reform proposal to decertify sex and gender based on research conducted for the 'Future of Legal Gender' project. Locating the proposal to decertify within a do-it-yourself, prefigurative approach to law reform, the article asks: Can a law reform proposal be both instrumental and radical? Can a proposal take shape as a viable legislative text and as a more subversive intervention to unsettle and reimagine gender's relationship to law? This article explores this at two levels. First, it considers the ontological challenges of developing a controversial law reform proposal in terms of its realness (or fictiveness), contours, and temporality, turning to 'slow law' as a credible way of approaching radical reform. Second, it explores the design-based challenges of legal prototyping—foregrounding questions of legitimacy, participation, and purpose, which arise in designing a decertification law. At the heart of this discussion is the relationship between representation and enactment—between what a proposal presents and what its presentation does and does not accomplish.

Karpus, K. (2017). The 'ecosystem services' concept in environmental law. J. Agribus. Rural Dev., 4(46), 779–786 ; The purpose of this study is to introduce the 'ecosystem services' concept from the legal perspective, which so far has not attracted as much attention in the Polish scientific community as analyses focused on natural and economic aspects. The concept is strongly promoted as a part of biodiversity and water protection measures which are issues of key importance for the agriculture. This means the agriculture sector will be the first to be affected by legal loopholes in this area. The analysis includes a general attempt to identify the legal grounds for the term and concept of 'ecosystem services' as well as the assessment of the current state of the Polish legislator's works on this matter. At the same time, a confrontation of this concept's theoretical grounds with the underpinning values of environmental law (especially with the 'polluter pays' principle) allows to detail the part of this concept (positive externalities of ecosystem services and PES) which currently poses a real challenge for the Polish legislator and requires a redefinition of current directions for specifying the environmental rights and obligations.