Suchergebnisse

IMF conditionality has been severely criticised by developing countries, who accuse the Fund of unjustly provoking political turmoil and causing poverty. This refers to the policies that a member country is required to follow in order to be able to use the Fund's resources. Conditionality is legally based on the requirement to adopt `adequate safeguards' for the use of resources as stipulated by the IMF's Articles of Agreement. This work focuses on legal implications and policy aspects and, more specifically, on the question of how far-reaching the requirement of `adequate safeguards' may be. Furthermore, the author demonstrates that conditionality is also affected by cooperative arrangements with other institutions, such as the World Bank and United Nations. A major conclusion is that there should be improvements in cooperation and in the monitoring of the application of Fund law on conditionality. Scholars and students who take a deep interest in international economic relations will find this book a unique opportunity to study the legal framework of conditionality. Government officials preparing for negotiations with the Fund will also benefit from reading this work

Australian debates about racial vilification legislation have been dominated by mainstream American First Amendment jurisprudence and popular American notions of 'free speech' to the exclusion of alternative Europeans models. This can be seen from notions of Australian racial vilification legislation as inconsistent with 'free speech' rights as well as the influence of some of the basic assumptions of First Amendment jurisprudence on political speech cases in the Australian High Court. Despite the widespread existence of legislation that penalises racial vilification at State and Federal levels, there has been a rise in Australia over the past 10 years of divisive 'race' politics. Against that background, this thesis considers the scope and limits of racial vilification legislation in Australia. It is argued that First Amendment jurisprudence is inadequate in the Australian context, because it is heavily dependent upon economic metaphors, individualistic notions of identity and outdated theories of communication. It assumes that 'free speech' in terms of lack of government intervention is essential to 'democracy'. It ignores the content, context and effect of harmful speech, except in extreme cases, with the result that socially harmful speech is protected in the name of 'free speech'. This has narrowed the parameters within which racial vilification is understood and hindered the development of a broader discourse on the realities of racist harms, and the mechanisms necessary for their redress. The author calls for the development of an Australian jurisprudence of harmful speech. Failing an Australian Bill of Rights, that jurisprudence would be grounded upon the implied constitutional right of free political speech, informed by an awareness that modern structures of public speech favour a very limited range of speech and speakers. The jurisprudence would take advantage of the insights of Critical Race Theory into the connections between racial vilification and racist behaviour, as well as the personal and ...

Introduction -- Earliest water regulations and management -- Roman and intermediate period -- Definition and sources of water law -- Existing systems -- Development by region -- Possible contents of and reasons for water law -- Water resources planning and water law -- National water resources administration -- International water resources law in general -- International water resources law : major issues -- Developments in the law of transboundary aquifers -- International water resources administration.

This article aims to study the transformation of Islamic Shari'a values in the foundation of the law legislation in Indonesia. This study is legal-normative in which, in its analyzing phases, it uses both qualitative techniques of primary and secondary legal materials. The findings of this study indicate that the Islamic Shari'a values have been actualized in the laws and regulations in the elimination of domestic violence in Indonesia. Transformation of Islamic Sharia values is conducted through two approaches, namely through the principles of the content of legislation, and actualization through the material legislation. ; This article aims to study the transformation of Islamic Shari'a values in the foundation of the law legislation in Indonesia. This study is legalnormative in which, in its analyzing phases, it uses both qualitative techniques of primary and secondary legal materials. The findings of this study indicate that the Islamic Shari'a values have been actualized in the laws and regulations in the elimination of domestic violence in Indonesia. Transformation of Islamic Sharia values is conducted through two approaches, namely through the principles of the content of legislation, and actualization through the material legislation.

The appearance of the COVID-19 in Europe has prompted lawmakers to introduce public health measures that inevitably hurt the economy by reducing economic activity and business revenues. The foreseeable risk that the pandemic could be followed immediately by a bankruptcy epidemic led to the adoption of rules related to insolvency and restructuring laws in emergency legislation in most European countries. These rules aim at avoiding businesses to become insolvent either by suspending insolvency tests (see II.) or by providing cash support and debt moratoria (see III.). They may also contain measures that indirectly affect insolvency and restructuring proceedings (see IV.). This paper explains the logic behind emergency legislation and the specific rules adopted in European countries.

"Elgar Research Agendas outline the future of research in a given area. Leading scholars are given the space to explore their subject in provocative ways, and map out the potential directions of travel. They are relevant but also visionary. This timely Research Agenda provides imaginative solutions to existing and emerging challenges for the study, application, and development of water law. It argues for a dynamic approach to water law, anticipating how water and its relationship to humanity will shift due to climate change, modern societal norms and values, and technological innovation. Bringing together leading experts and rising new voices, this Research Agenda analyses local, national, and international water law. It explores the pressing issues of today and tomorrow, and identifies areas for further research to ensure legal regimes can respond to future challenges for water provision. Contributors consider the legal personhood of rivers, water quality, international basins, water markets, and the role of indigenous groups in water management. Ultimately, this Research Agenda provides a portfolio of options for responding to the uncertain natural, social, and political future of water. Providing a cutting-edge overview of the challenges facing water law locally, nationally, and internationally, A Research Agenda for Water Law will be a valuable resource for scholars of water law, environmental law, and public international law. It will also be essential reading for policy-makers seeking to build future-facing water law regimes"--

The Iraq War and international law : by way of an introduction / Andrew Williams -- The Iraq War, international law and the search for legal accountability / Phil Shiner -- The challenges of counter-proliferation : law and policy of the Iraq intervention / Daniel H Joyner -- The Iraq War : issues of international humanitarian law and international criminal law / Nicholas Grief -- International criminal law and Iraq / Andrew Williams -- Complicity before the international criminal tribunals and jurisdiction over Iraq / William A Schabas -- The continuing occupation? Issues of joint and several liability and effective control / Christine Chinkin -- A plurality of responsible actors : international responsibility for acts of the Coalition Provisional Authority in Iraq / Stefan Talmon -- Justiciability in the areas of foreign relations and defence / Rabinder Singh -- Responsibility for troops abroad : UN-mandated forces and issues of human rights accountability / Keir Starmer -- How will the European Court of Human Rights deal with the UK in Iraq? Lessons from Turkey and Russia / Bill Bowring -- The future for international law after Iraq / Nigel Rodley -- Between hope and despair : the Iraq War and international law futures? / Jayan Nayar.

Selected Writings is a collection of articles and studies which reflect different stages of the author's experience as a scholar and a provider of technical legal assistance in the field of water law and administration, both national and international. Its purpose is to provide, mostly through practical examples, an insight into the manner in which studies and research on various topics relevant to water law and administration may be conducted and water management issues are to be considered from the legal and institutional viewpoint. The book also highlights possible legal solutions to water management problems, thereby showing the important role that the lawyer may be called upon to play in this connection. This book complements with practical experience the previous major work of the author, 'Principles of Water Law and Administration - National and International ', which is a basic textbook for reference. Selected Writings will be very useful to students wishing to specialize in water law, scholars and future water resources managers and planners

The contributions to this volume cover a broad range of issues in language policy that are hotly debated in every corner of the globe. The articles included investigate the implications of language policies on the notion of language rights as the issues are played out in very specific circumstances — from the courtroom in Australia to the legislature in California to the educational system in England to the administrative practices of the European Commission. The authors explore conflicts between basic conceptions of fairness in justice, administration and education on the one hand, and political and economic realities on the other. Articles focus on langage issues in the United States, Canada, Brazil, England, France, Slovakia, Russia, Sri Lanka, Australia and several African states. Other articles consider the implications of new supernational agreements — the European Union, NAFTA, GATT, the OAU — on language issues in the signatory states. In sum the volume offers an extensive presentation of current issues and practices in language policy and linguistic human rights.