Suchergebnisse

This essay examines an emerging epistemological conjuncture between what might loosely be identified as two (primarily) academic camps: economists subscribing to "modern money theory" (MMT) and international lawyers associated with "critical" traditions within the discipline. For many legal scholars, my sense is that their current experience with MMT varies from "I think I have heard of that before" to "that state theory to money that pushes for a universal job guarantee." And many progressive economists familiar with MMT have not spent a significant time with the insights and sensibility of critical international law scholarship. My aim here is to explore where there might be fruitful collaboration between these communities.

State practice shows the increase use of drones in internal armed conflict. The discussion is conducted to answer whether national law adopts humanitarian law principles on the use of drones in internal armed conflict. Qualitative analysis is conducted with primary and secondary legal materials. The Regulation of the Minister of Transportation No. 90/2015 on Unmanned Aircraft Operation Control in airspace served by Indonesia and Minister of Defense Regulation No. 26/2016 on the use of drones for defense and security affairs does not contain the distinction principle, proportionality principle and precautionary principle. It is interpreted that the clauses in both rules on licensing, airspace classification and its activities can be used as a first step in intelligence gathering which will be useful in applying the distinction principle at the time of internal armed conflict. It is necessary to formulate the rules in detail in Military Manual that adopt humanitarian law principles. Keywords: drone, humanitarian law principles, Indonesian legislation

Women, Business and the Law 2021 is the seventh in a series of annual studies measuring the laws and regulations that affect women's economic opportunity in 190 economies. The project presents eight indicators structured around women's interactions with the law as they move through their lives and careers: Mobility, Workplace, Pay, Marriage, Parenthood, Entrepreneurship, Assets, and Pension. This year's report updates all indicators as of October 1, 2020 and builds evidence of the links between legal gender equality and women's economic inclusion. By examining the economic decisions women make throughout their working lives, as well as the pace of reform over the past 50 years, Women, Business and the Law 2021 makes an important contribution to research and policy discussions about the state of women's economic empowerment. Prepared during a global pandemic that threatens progress toward gender equality, findings on government responses to COVID-19 and pilot research related to childcare and women's access to justice.

Part I. The Greening Phenomenon in International Law -- Chapter 1. A Greener International Law: International Legal Responses to the Global Environmental Crisis -- Chapter 2. Remedies for Climate Change–A Decisive Push Towards Paris? -- Chapter 3. The Rights of Nature as a Legal Response to the Global Environmental Crisis? A Critical Review of International Law's 'Greening' Agenda -- Chapter 4. Greening the Law of Environmental Protection in Armed Conflicts -- Chapter 5. From Anthropos to Oikos in International Criminal Law: Acritical-theoretical Exploration of Ecocide as an 'Ecocentric' Amendment to the Rome Statute -- Chapter 6. Greening International Investment Agreements -- Chapter 7. Climate Justice and The Greening of Investment Arbitration -- Chapter 8. The International Regulation and Coordination of Sustainable Finance -- Chapter 9. A Coalition of the Committed': The Central Bank Supervisors Network for Greening the Financial System (NGFS) from a Perspective of Global Administrative Law -- Part II. Dutch Practice in International Law -- Chapter 10. Ziada vs Gantz and Eschel: A Civilian Claimant between Ship and Shore in The Netherlands -- Chapter 11. Reimagining the Energy Corporation: Milieudefensie and Others v Royal Dutch Shell Plc -- Chapter 12. Syrian War Crimes Trials in The Netherlands: Claiming Universal Jurisdiction over Terrorist Offences and the War Crime of Outrages upon Personal Dignity of the Dead -- Table of Cases -- Index.

In recent years, the role of the environmental risk management has become increasingly significant to multinational corporations. Corporations from the United States and elsewhere are now undertaking aggressive assessments of environmental regulatory compliance, and are incorporating environmental due diligence into transactions such as mergers, acquisitions, joint ventures, and divestitures. The first step toward assessing compliance often involves interpretation of complex, vaguely written environmental statutes and regulations. Matters are made more difficult by the fact that each governmental structure is different, and environmental controls inevitably will be administered in ways unfamiliar to foreign companies, even in countries which have emulated the United States' system of environmental regulation. This article provides an overview of environmental requirements in Canada, primarily from the viewpoint of one already familiar with the United States regulatory framework. The article begins with an introduction to Federal laws and to the interrelationships between Federal and Provincial law and enforcement. It then focuses in greater detail on environmental laws in Ontario. That province is second only to Canada as the largest trading partner of the United States. American businesses conduct an increasingly diverse array of operations in Ontario, including manufacturing, real estate development, and capital investment, all of which come under extensive environmental regulation. Ontario is also the most industrialized province of Canada, and accounts for approximately one-half of the total volume of hazardous waste generated in Canada.

Chapter 1. Overcoming liberal democracy: 'threat governmentality' and the empowerment of intelligence in the UK Investigatory Powers Act / Christos Boukalas -- Chapter 2. Judicial reform and legal opportunity structure: the emergence of strategic litigation against femicide in Mexico / Vero'nica Michel -- Chapter 3. Avoiding international human rights law in the pursuit of peace / Chris Kendall -- Chapter 4. Criminalization and the rights bearing subject: considering the lived experiences of governance in the juvenile court / Elizabeth Brown and Amy Smith -- Chapter 5. Claiming food sovereignty: legal mobilization in an era of global governance / Matthew C. Canfield -- Chapter 6. How entrapment still matters: partial successes of entrapment claims in terrorism prosecutions / Jesse J. Norris.

Part 1: Public Law: Constitutional Law -- Chapter 1. Reclaiming Rechtsstaat from the Stuntmen of the State (Niraj Kumar) -- Chapter 2. Surname System and its constitutionality (Noriyuki Asano) -- Chapter 3. Buddhist Cosmological Narratives and hybrid statehood in Sri Lanka and Myanmar (Punsara Amarasinghe) -- Chapter 4. Besmirching Honourable Men: The Defamation of Politicians in Singapore (Kevin Tan) -- Chapter 5. The Constitutional Value of the Guarantee Clause (Raunaq Jaiswal) -- Chapter 6. Beyond friend and enemy: The stranager as a political category in colonial modernity (Moiz Tundawala) -- Chapter 7. Administrative Justice in Iran; Oscillating between Monism and Dualism (Moslem Aghaeitogh) -- Chapter 8. Administrative Adjudication in the Common Law: A comparison of setups and legal tensions with India (Dinesh Singh) -- Part 2: Private Law -- Chapter 9. The European Social Model facing the Economic and the Covid Pandemic Crises (George Katrougalos) -- Chapter 10. Intellectual Property and Investment Treaties: Comparing Newest Indian and Australian Treaty Practices (Prabhash Ranjan) -- Part 3: Comparative Law: General Themes -- Chapter 11. R2P: A Comparative Study Between Universalism and Asian Exceptionalism (Rashmi Raman) -- Chapter 12. Intersection of Law, Religion, Customs & the Problem of Child Marriage in Global South: A Comparative Study of India, Nigeria and Uganda (Neha Mishra) -- Chapter 13. Developmentalism, Forest Protection and the Idea of Greater Justice in India (Rajnish Saryal).

v. 2 includes: "De verborum significatione. The exposition of the termes and difficill wordes conteined in the foure buikes of Regiam majestatem, and uthers, in the Acts of Parliament, infeftment; and used in practique of this realme; with diverse rules and common places, or principalles of the lawes. Collected and exponed be M. John Skene, 1681." ; Mode of access: Internet. ; Cogswell.

TWO CENTURIES AGO IMMANUEL KANT PUBLISHED ONE OF HIS MOST CELEBRATED POLITICAL WRITINGS, "TO PERPETUAL PEACE: A PHILOSOPHICAL PROJECT," AND INTRODUCED THE CONCEPT OF COSMOPOLITAN LAW. IN THIS PAPER, THE AUTHOR EXAMINES THIS CONCEPT THROUGH A COMPARISON OF KANT'S CONTEMPORARY INTERNATIONAL THEORIES. SHE ARGUES THAT KANT'S CONCEPT PLAYS A CRUCIAL ROLE IN HIS SYSTEM OF INTERNATIONAL RELATIONS. ON THE ONE HAND, COSMOPOLITAN LAW SAFEGUARDS A STATE'S SOVEREIGNTY VIS-A-VIS OTHER STATES; ON THE OTHER, IT IS AN INNOVATION THAT ALLOWS THE INTERNATIONAL COMMUNITY TO MONITOR THE INTERNAL AFFAIRS OF ITS MEMBERS. THE CONCEPT CAN BE SEEN AS A FORERUNNER OF THE UNIVERSAL DECLARATION OF HUMAN RIGHTS, SHARING WITH IT THE IDEA THAT SOME RIGHTS HAVE A UNIVERSAL VALUE EVEN IF THEY ARE NOT ACTUALLY PROTECTED BY ANY SECULAR INSTITUTION.

The Oxford Handbook of U.S. Education Law contains thirty-seven chapters written by an interdisciplinary group of leading education law and policy scholars that both present a comprehensive description of the law that regulates public K-12 education in the United States and suggest legal and policy changes for the future. Chapters cover an exceptionally wide range of topics, from virtual schooling to civil rights, student privacy and safety to education federalism, and school choice to special education. Several foundational chapters present a synthesis of a general area of law for those who seek an introductory text, while dozens of other chapters build on those foundations, diving into various topics in a nuanced way that will be valuable for those who seek to deepen or reframe their knowledge of specific issues. The authors also look to the future and thus help to shape the direction of the field.

AbstractThis article describes some of the challenges raised by multinational operations for the application of international humanitarian law. Such challenges are the result of different levels of ratification of treaties, divergent interpretations of shared obligations, and the fact that there is no central authority that determines who is a party to an armed conflict. The article discusses methods that have been developed to ensure 'legal interoperability'. Some of these methods attempt to avoid situations where such interoperability is required. Where this is not possible, a 'maximalist' or a 'minimalist' approach can be taken, and in practice these are usually combined.