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Comparison, Self-Direction and Creativity: Contextualising Public Law
The study of law can be technical and dry. Law is often taught in a didactic manner that focuses upon complex legal rules, doctrine and theories in isolation form the law's social, cultural and political contexts. Law teachers often employ orthodox, conservative teaching methods such as didactic lectures and the prescribing of large quantities of reading. Consequently, the level of engagement by law students in their studies can be rather low, and many students are extrinsically, rather then intrinsically, motivates. ; http://epublications.bond.edu.au/learn_teach_posters2015/1005/thumbnail.jpg
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International Investment Law and Comparative Public Law
In: European journal of international law, Band 22, Heft 3, S. 917-925
ISSN: 0938-5428
International Law and Civil Wars: Intervention and Consent
In: Law, Conflict and International Relations
This book examines the international law of forcible intervention in civil wars, in particular the role of party-consent in affecting the legality of such intervention. In modern international law, it is a near consensus that no state can use force against another - the main exceptions being self-defence and actions mandated by a UN Security Council resolution. However, one more potential exception exists: forcible intervention undertaken upon the invitation or consent of a government, seeking assistance in confronting armed opposition groups within its territory. Although the latter.
Self-managed Abortion: Aligning Law and Policy With Medical Evidence
In: International Journal of Gynecology and Obstetrics 160.2 (February 2023): 720-725.
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Between Democratic Protection and Self-Defense: The Case of Unasur and Venezuela
In: Robert Schuman Centre for Advanced Studies Research Paper No. RSCAS 2015/93
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Working paper
Between democratic protection and self-defense : the case of Unasur and Venezuela
Contrary to the assumption that the adoption and formalization of democratic protection mechanisms by regional organizations contribute per se to democratic consolidation, this article argues that the performance of those mechanism is tied to the interests of governments that are both their rule makers and their enforcers in concrete political crises. Governments design democratic protection mechanisms minimizing the probabilities that they could escape their discretionary control contributing to the paradoxical result that the provisions end up enforcing regime stability rather than democracy. We illustrate this claim with the intervention of the Union of South American Nations (Unasur) in the post-Chávez Venezuela paying specific attention to two mechanisms: the democratic protocol and the electoral council. The structural bias in favor of the incumbent governments is not an exclusive tension of Unasur, and it should be systematically analyzed in the comparative studies and assessments of the link between regional organizations and democracy.
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Technology, Sovereignty and International Law
In: Routledge Research in International Law
The dogma of the sovereignty of the state, deriving from the Peace of Westphalia, underpins much of the modern-day international system. However, developments in recent technology have led this ideology to depart from reality. Viewing state sovereignty through the prism of public international law, the book will begin with an overview of the settlement of Westphalia, how it has influenced international documents ever since, and how the advantages of centralised decisions came to be perceived. By surveying the Law of the Sea, Maritime Law, Air and Aviation, Telecommunications, Postal Services, Space Law and Mensuration, the book demonstrates how, in each, the interplay between state sovereignty and developing technologies have caused significant legal change. Some changes, Lyall argues, such as international measures of time and geography, have been born out of convenience, facilitated by technology developed for the purpose. Other areas of change developed out of a desire to reconcile conflicts or harmonise necessary state regulation. The book analyses the reasons behind these changes, and discusses the ongoing attempts to balance state equality, measures adopted by new institutions to secure comprehensive representation, and ends by looking to the future of state sovereignty in an increasingly globalised world. The book is of use to any student or scholar interested in policy making, international law and international affairs, both legal and scientific, as well as those looking at legal administrative issues and government officiation.
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Self-Enforcing Environmental Agreements and International Trade
In: CESifo Working Paper Series No. 4125
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Behaviour in war: The place of law, moral inquiry and self-identity
In: International review of the Red Cross: humanitarian debate, law, policy, action, Band 96, Heft 895-896, S. 751-773
ISSN: 1607-5889
AbstractDaniel Munoz-Rojas and Jean-Jacques Fresard's study "The Roots of Behaviour in War" (RBW Study), which came out in 2004, provided very useful insight into how compliance with international humanitarian law may be better ensured. In essence, it emphasized the role of "the law" and associated enforcement mechanisms in achieving optimal results. Emphasis on "persuasion" regarding the values underpinning the law was identified as having a possibly corrosive effect and was to be de-emphasized, if not avoided. Such conclusions raise serious questions. The study's reliance on neutral normativity of "the law" can be overstated. The issue may be less one of checking aberrant behaviour under the law and more one of ensuring that unnecessary harm is curtailed within the law. The assumptions made by the RBW Study concerning the efficacy of the law are too narrow in their avoidance of the moral and ethical questioning that can accompany legal interpretative approaches. The role of identity and professional culture offers an effective means of ensuring restraint under the law. This article argues that the RBW Study has not stood the test of time and that operational developments have transcended the conclusions made in the study.
Landscape protection in international law
In: Cultural heritage law and policy
International Custom, Law of Treaties and Other Sources of International Law
In: The Italian Yearbook of International Law Online, Band 27, Heft 1, S. 427-431
ISSN: 2211-6133
Law and the Myth of the Self in Mass Media Representations
In: International Journal for the Semiotics of Law, Band Viii, Heft 24
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The International Context and International Law
In: Sharing the Land of Canaan, S. 175-190