International Law as Fundamental Justice: James Brown Scott, Harold Hongju Koh, and the American Universalist Tradition of International Law
In: St. Louis University Law Journal, Band 46, Heft 345
685040 Ergebnisse
Sortierung:
In: St. Louis University Law Journal, Band 46, Heft 345
SSRN
In: Pleadings, minutes of public sittings and documents volume 19
In: International commerce and arbitration volume 27
The governing contract law dictates and regulates the life of a contract. Despite its importance, little is known about the choice of law decision-making process. Is there (ir)rationality involved? How can we ascertain this? How can we improve these judgements? - Rethinking Choice of Law in Cross-Border Sales is an innovative, multi-disciplinary, and practice-oriented initiative to examine what factors determine the way contracting parties choose the law to govern their agreements. It presents evidence on how negotiators approach this topic, including the main drives and triggers of their decisions. - The book also invites readers to explore and understand the idiosyncratic world of contracting parties' minds; a complex device of imperfections, cognitive limitations, and emotions. The book proposes alternatives and mechanisms to tackle, control or minimise the effects of cognitive errors within judgements. The author aims to offer both laymen and legal practitioners appropriate tools to facilitate more efficient outcomes.
In: Beiträge zum ausländischen und internationalen Privatrecht 117
Sonderwirtschaftszonen werden oft zur Ankurbelung der Wirtschaft empfohlen. Sie finden in Europa wenig Beachtung, werden in verschiedenen asiatischen Ländern jedoch häufig zum Einsatz gebracht. Die Beitragenden des vorliegenden Bandes beschäftigen sich mit den ökonomischen, rechtlichen und politischen Aspekten und Perspektiven von Sonderwirtschaftszonen.InhaltsübersichtIntroduction Jürgen Basedow: Boosting the Economy. Special Economic Zones or Nationwide Deregulation I. Foundations Ren Yatsunami: Historical Perspective on Special Economic Zones in Japan – Toshiyuki Kono / Kazuaki Kagami: Structure and Functions of Special Economic Zones – Hideaki Shiroyama: Political Dimensions of Science, Technology, and Innovation Policy and the Importance of Local Contexts II. Special Economic Zones and the Legal Environment Tom Ginsburg: Special Economic Zones: A Constitutional Political Economy Perspective – Carsten Herresthal: Protection of Freedom of Contract by Private Law after (Local) Deregulation – Wolfgang Wurmnest: Special Economic Zones, Deregulation and Competition Law III. Areas of Law Affected Časlav Pejović: Japanese Labor Law: Hurdles on the Road to Abenomics – Shinto Teramoto: How Industrial Policy Affects the Nurturing of Innovation. From the Perspective of Intellectual Property Rights
In: Meždunarodnoe pravosudie, Band 23, Heft 3, S. 19-23
ISSN: 2541-8548
In: Journal of family history: studies in family, kinship and demography, Band 28, Heft 1, S. 70-107
ISSN: 1552-5473
Over the past decades, a wave of family law reforms has shaken the very foundations of family law as known in the West over the past centuries. Strict gender equality has been introduced, the distinction between legitimate and illegitimate children has been abolished, divorce has been facilitated, and the borderlines between marriage and cohabitation and between heterosexual and homosexual relations are fading. Is this new family law historically unique? A broad historical and intercultural comparison undertaken to answer this question shows that a remarkable and unexpected substantive similarity can be observed between the family laws of the contemporary West and the folkways of some hunter-gatherer societies. This is explained by the fact that in both types of society, as opposed to nearly all other societies on the record, the social function of family law is reduced (or on its way to being reduced) to organizing fathers for newborn children.
In: China Insights
In: Springer eBook Collection
Chapter 1. Introduction: From Rule of Law to Comprehensive Rule of Law -- Chapter 2. Strict Law Enforcement: Building a Government Ruled by Law -- Chapter 3. Judicial Reform: Maintaining Fairness and Justice -- Chapter 4. Rule of Law in Civil and Commercial Areas: Building the Foundation of Rights Guarantee -- Chapter 5. Social Rule of Law: Solving the Difficulties of People's Livelihood -- Chapter 6. Human Rights and the Rule of Law: For Human Dignity -- Chapter 7. Incorrupt Governance and Legal System: Crackdowns on Corrupt Officials.
In: Oxford Studies in Sociolinguistics Ser.
In: Gosudarstvo i pravo, Heft 12, S. 59
The article is devoted to the study of the development of humanistic principles in domestic and International Law in the context of different epochs – from antiquity to modernity. As a result of the analysis of the dynamics of this phenomenon on the example of legal models of different countries – the USA, the USSR, the Russian Federation, Ukraine – optimal ways for further progress of Constitutional Law for the coming decades are determined, as well as legal, political, demographic and social risks associated with the consequences of the humiliation of humanistic principles in the Constitutional Law of individual states are identified.
In: International journal of contemporary Iraqi studies, Band 10, Heft 1, S. 73-88
ISSN: 1751-2875
Abstract
This article investigates the challenge for international society in understanding ISIS's continuing presence in Iraq and which aspects of international law may be applied so as to allow ISIS to be better held responsible for its actions. Particular emphasis is placed on the nature of an internal conflict and the rules of international law that apply to such conflicts. There is also a wider analysis of the difficulty in contextualizing ISIS within the prevailing Westphalian framework of an international society predicated on independent sovereign states. As such, the article explores aspects of international relations and the history of the Middle East, as well as international law.
In: The international & comparative law quarterly: ICLQ, Band 56, Heft 2, S. 415-421
ISSN: 1471-6895
The EC maritime transport policy was slow to develop. Although the EC Treaty requires the Member States to create a Common Transport Policy,1the focus of the Treaty transport provisions2is on inland modes of transport (road, rail and inland waterways).3However, the EU Council is expressly given competence to decide what 'appropriate provisions' may be adopted for maritime and air transport.4Maritime transport is by its very nature an international mode of transport regulated by a large number of international treaties and conventions, most of them negotiated and concluded within the International Maritime Organization (IMO). Members of the international community, including some EU Member States themselves, were initially reluctant to transfer their sovereignty in this field of transport to the Community. However, two main events gradually changed the attitude of the Member States to the Community's competence to regulate this mode of transport. First, the mid-1980s impetus to establish an internal market by 1992 placed all modes of transport at the centre of the project. It was not feasible to establish a geographical market, stretching from the Atlantic to the Eastern European countries and from the North Sea to the Mediterranean, where goods, people, services and capital would be able to circulate freely,5and in a competitive manner, without the Community seriously addressing transport issues. Thus, unsurprisingly, a number of important legislative proposals affecting the provisions of maritime transport services were adopted and implemented during that period.6The second significant factor in the development of a maritime transport policy was the number of serious marine accidents which took place in the Community's coastal waters during the last 20 years.7
ISSN: 1342-2243
"The Use of Force and International Law is intended for undergraduate and postgraduate students, academics, and practitioners. Its contemporary, comprehensive, well-structured, and accessible nature makes it of value to students studying this topic in a designated module, but also for international law, international politics, and international relations students more generally"--
What does it mean when civil lawyers and common lawyers think differently? This book provides an introduction to the uses, purposes, and approaches to studying civil and common law in a comparative legal framework. The book covers the jurisdictions of Germany, Sweden, England and Wales, and the United States, and includes a discussion of each country's legal issues, structure, and their general rules. The author explores the discipline of comparative legal studies, rectifying many of the misconceptions and prejudices that cloud our understanding of the divide between the common law and civil law traditions.