In mid-1963, at hearings' on what was to become the Civil Rights Act of 1964, I expressed my regret that some 37 years prior to the end of the twentieth century we found it necessary to take up legislation that dealt with basic human rights. Today, nearly a decade later, I express a similar regret that those rights have not yet been realized for every citizen of this nation.
I am going to review with you today the law with respect to the federal treaty-making power as it seemed to be two years ago when I made the California speech and then call your attention to the law as announced in April of this year by the Fujii case in California. Finally, I will try to indicate where we Americans may find ourselves in the next two or three years unless, as lawyers, we raise our voices and save our domestic law and basic rights from the encroachments and engulfments of international legislation effected through the treaty-making power.
The idea for this textbook developed from the recognition of the need to disseminate information about Polar Law as an emerging field of legal studies - an area of study long overdue greater recognition. Developments in the Polar Regions - the Arctic and Antarctica - are now the subject of growing interest and importance. They concern a divergent range of global and regional development issues and beg further inquiry into the role of law in dealing with many of these issues. This textbook is the first educational material of its kind. It attempts to illustrate the importance of legal values in addressing various challenges across the Nordic region, among remote Arctic communities and globally. The textbook focuses on the various developments in international and domestic law concerning the Polar Regions (e.g., issues of environmental law, law of the sea, resources, human rights law and Indigenous peoples' rights, etc.). By looking at linkages between different areas of law and the other social sciences, the textbook also explores the relevant aspects of the economic, social and political developments affecting both Polar areas (e.g., questions of Polar governance, economics, and the political situation in some of the Arctic areas). The authors hope that this pioneering work will encourage anybody interested in Polar Law to pursue further studies, research or cooperation on the many initiatives which take place within the Nordic, Arctic and global community in relation not just to the Arctic but also to the Antarctic
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This paper aims at analyzing and upgrading the legal status of sponsorship contracts as forcultural activities. It is recommended to adopt various legislative changes, many of which couldexemplify the proposed 'funding-promotion' paradigm. The key of this model is to focus on privateindividuals and legal entities either under the public law or under the private one, as potentialsponsors, donators etc. and to provide them with sufficient motivation. A tax exemption percentageof 10% is not compatible with the sponsorship concept. Last but not least, tourism law has recentlybegun to adopt the cultural sponsorship contract model.
AbstractEuropean law manifests powerful perfection-seeking internal dynamics, nudging—even compelling—legal actors to strive to make the European legal order 'the best it can be'. This chapter uses a comparative approach to show that this perfectionism is contingent (that is, not necessarily shared by all legal orders), and that it is a highly distinctive characteristic of European legalism specifically. Uncovering the hidden dynamics of this juridical perfectionism is an important step towards rethinking European law's agency and its correlate: our own ability to shape European integration through law.
In: Discussion Papers / Wissenschaftszentrum Berlin für Sozialforschung, Forschungsschwerpunkt Märkte und Politik, Forschungsgruppe Wettbewerb und Innovation, Band 2009-14
This paper provides a comprehensive discussion of the deterrence properties of a competition policy regime. On the basis of the economic theory of law enforcement we identify several factors that are likely to affect its degree of deterrence: 1) sanctions and damages; 2) financial and human resources; 3) powers during the investigation; 4) quality of the law; 5) independence and 6) separation of power. We then discuss how to measure deterrence. We review the literature that uses surveys to solicit direct information on changes in the behavior of firms due to the threats posed by the enforcement of antitrust rules, and the literature based on the analysis of hard data. We finally argue that the most challenging task, both theoretically and empirically, is how to distinguish between 'good' deterrence and "bad" deterrence." (author's abstract)