Suchergebnisse

In June 2004, the High Court of Israel (HCI) ruled on the ""Beit Sourik"" case in which Palestinian villagers challenged the legality of Israel's separation wall, which had been routed through their villages causing great hardship. This article examines the HCI decision---which upheld the legality of the wall under international law but mandated changes in its route---and the argumentation used. In the process, the article shows how the HCI, despite some disagreements with the state on narrow issues of administrative application, broadly supports the government's policies of occupation, and it explains how the court interprets international law in order to do so. The article also contrasts the HCI's ruling with the nearly simultaneous ruling of the International Court of Justice, highlighting the two courts' very different approaches to international law.

In a security environment characterized by increasing tension and geopolitical competition, studying neutrality provides an opportunity to explore a set of political-legal mechanisms and concepts, which historically have had protective and escalation mitigation functions and effects. This report provides a historical and technological background to neutrality and a breakdown of the legal debates regarding the application of the law of neutrality in cyberspace. ; In einem Sicherheitsumfeld, das durch zunehmende Spannungen und geopolitischen Wettbewerb gekennzeichnet ist, kann mittels Studieren der Neutralität eine Reihe von politisch-rechtlichen Mechanismen und Konzepten untersucht werden, die in der Vergangenheit Schutzfunktionen eingenommen sowie eskalationsmindernde Wirkungen ausgeübt hatten. Dieser Bericht bietet einen historischen und technologischen Hintergrund zur Neutralität und eine Aufschlüsselung der rechtlichen Debatten über die Anwendung des Neutralitätsgesetzes im Cyberspace.

The sixteen papers in this volume investigate the links between law and society during Late Antiquity (260-640 CE). On the one hand, they consider how social changes such as the barbarian settlement and the rise of the Christian church resulted in the creation of new sources of legal authority, such as local and 'vulgar' law, barbarian law codes, and canon law. On the other, they investigate the interrelationship between legal innovations and social change, for the very process of creating new law and new authority either resulted from or caused changes in the society in which it occurred. The studies in this volume discuss interactions between legal theory and practice, the Greek east and the Roman west, secular and ecclesiastical, Roman and barbarian, male and female, and Christian and non-Christian (including pagans, Jews, and Zoroastrians).

This paper offers the first comprehensive analysis of legal change in the protection of shareholder and creditor rights in transition economies and its impact on the propensity of firms to raise external finance. Following La Porta et al. (1998), the paper constructs an expanded set of legal indices to capture a range of potential conflicts between different stakeholders of the firm. It supplements the analysis of the law on the books with an analysis of the effectiveness of legal institutions. Our main finding is that the effectiveness of legal institutions has a much stronger impact on external finance than does the law on the books, despite legal change that has substantially improved shareholder and creditor rights. This finding supports the proposition that legal transplants and extensive legal reforms are not sufficient for the evolution of effective legal and market institutions.

"Half Title" -- "Title Page" -- "Copyright Page" -- "Dedication" -- "Table of Contents" -- "List of Tables" -- "List of Figures" -- "Preface" -- "Acknowledgements" -- "1. The Changing Urban System and the Evolution of Metropolitan Spatial Form" -- "2. The Planning of Core Areas" -- "3. The Case Study Cities" -- "4. The Residential Function of the Urban Core" -- "5. Employment in the Core" -- "6. Retailing in the Urban Core" -- "7. Offices in the Core" -- "8. Transport and Urban Change" -- "9. Conclusion" -- "List of References