Suchergebnisse

"This book explores the duty to investigate potential violations of the law during armed conflict, and does so under international humanitarian law (ihl), international human rights law (ihrl), and their interplay. Through a meticulous comparative legal analysis, it maps out the scope and contents of investigative obligations"--

"This book explores the duty to investigate potential violations of the law during armed conflict, and does so under international humanitarian law (ihl), international human rights law (ihrl), and their interplay. Through a meticulous comparative legal analysis, it maps out the scope and contents of investigative obligations"--

Legal positivism and its discontents -- The UN Charter over time : the contemporary Security Council -- The contemporary General Assembly -- A contemporary specialized agency : the WHO -- The main functions of international adjudication -- Three challenges posed by international organizations

Contents -- Chapter I Legal Positivism and its Discontents -- 1 The Mainstream: Legal Positivism -- 1.1 Positivist Treaties -- 1.2 Positivist Custom -- 1.3 Positivist General Principles -- 2 The Institutional Challenge to Positivism -- 2.1 The Reality of Institutionalization -- 2.2 The International Judiciary -- 2.3 The Return of Domestic Analogies -- 2.4 From Static Rules to Process -- 2.5 From Process to Inter-disciplinarity -- 3 Caveats -- Chapter II The UN Charter Over Time: The Contemporary Security Council -- 1 What is the UN Charter for? -- 2 The UN Charter as Positivist Instrument

Includes bibliographical references and index ; A collection of essays by legal professionals on various topics relating to aviation and travel law in Hong Kong, including pricing of air travel, airlines legal relations with travel agents, airport security, aerial crime and hijacking, and aircraft accident investigation ; published_or_final_version ; Preface / Heilbronn, Gary pvii ; List of contributors px ; Index p181 ; Air travel in Hong Kong: some legal aspects in need of reform / Heilbronn, Gary N. p1 ; Legal relations between air carriers and travel agents / Hughes, A.W. p31 ; Pricing of international air travel: a Hong Kong perspective on relevant aspects of international and municipal laws / Hughes, A.W. p61 ; Legal obligations pertaining to the security of passengers in the airport and on board aircraft leaving Hong Kong / Luk, Amelia p91 ; In-flight crime on Hong Kong-bound aircraft / Tolliday- Wright, David p115 ; Hong Kong's international travel law rights and obligations pursuant to OECD requirements / To, Anthony p135 ; Aircraft accident investigation procedures in Hong Kong / Wong, Cheonghar p157

In Paris, France on October 15, 1827, 28-year old Sicilian priest Joseph Contrafatto was sentenced for raping 5-year old Hortense Le Bon. This article frames the rhetorical strategies of the prosecution and defense using Robert Cover's notion of judicial innovation, developed in his Justice Accused. Both sides based their arguments on articles 331 and 332 of the Criminal code. The Contrafatto Affair was an extraordinary case for rape legislation; it was among the first if not the first trial in France when a perpetrator of attentat à la pudeur avec violence (violent, indecent assault), was sentenced and found guilty when the prosecution used the argument of la violence morale (a type of coercion or abuse of an individual's trust or naivety) when the victim suffered no physical signs of violence. Later, la violence morale and the requirement of consent became constitutive parts of the rape statutes by 1853 (for children) and 1857 (for adults), which this article develops through contextualizing law, rhetoric, and interpretation. The background of the trial provides an overview of certain procedures and protocols of 19th-century France. An examination of the jurisprudence related to attentat à la pudeur sans violence (non-violent, indecent assault, art. 331), attentat à la pudeur avec violence and la violence morale will highlight how forward-looking and risky the prosecution's arguments were in his interpretation of article 332.