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Also available as an e-book Cet ouvrage est consacré à l'étude des relations qui se nouent entre les systèmes européens et les systèmes de tradition musulmane dans le domaine sensible du droit de la famille. Ces relations mettent à l'épreuve la théorie générale du droit international privé qui, construite en contemplation d'ordres juridiques unis par une communauté de droit, se révèle inadaptée au traitement des différences culturelles. Au moins dans le domaine du statut personnel, cette théorie n'est pas reçue dans les systèmes de tradition musulmane et, au sein même des systèmes européens, elle peine à atteindre ses objectifs dans les relations avec les ordres juridiques relevant de cultures différentes. Prenant acte des transformations récentes qui affectent la discipline, tant sur le terrain des méthodes que sur celui des valeurs, l'étude invite à dépasser l'impasse actuelle par la promotion d'un pluralisme des méthodes de réglementation adapté aux conflits de cultures

This Article, in honor of John Finnis, evaluates the persuasiveness of one central element of natural law theory – its claim to an objective moral truth discoverable by reason. Although I stand outside the tradition, my interest in natural law theory goes back to my college days. John Finnis, especially in his work Natural Law and Natural Rights, has much enriched my understanding of moral, political, and legal philosophy. Prior to that book, natural lawyers and analytic jurists had little to say to each other; by and large, the members of each group had scant respect for the scholarly endeavors of the other. Finnis made a major contribution to bridging the gap. He drew carefully from the work of his colleagues at Oxford: H.L.A. Hart, Ronald Dworkin, and Joseph Raz. His challenges to their positions appreciated what they were trying to say, rather than settling for the misleading and superficial sallies that too often mark the critical enterprise. But Finnis did not back off from developing a full-bodied, traditionally rooted, comprehensive natural law theory. In this respect, his endeavor differed sharply from some other modem challenges to legal positivism. Lon Fuller's claims about an internal morality of law, or procedural natural law, and Ronald Dworkin's "naturalism" went only a slight distance toward the major tenets of natural law as conceived over the centuries. In his book, Finnis defended those tenets, drawing heavily from Aristotle and Aquinas, while relating their basic insights to modem understanding. From the publication in 1980 of Natural Law and Natural Rights, Finnis has been deservedly recognized as the leading proponent of natural law theory within the Anglo-American legal academy. Many legal scholars continue to reject that approach out of hand; but insofar as natural law commands the attention of scholars Who are not themselves natural lawyers, it is largely thanks to Finnis. That is a major contribution to jurisprudential and moral thought.

"Address at the commencement of the University of Michigan, at Ann Arbor, on Monday morning, June 19, 1922. ; "Reprinted from the American journal of international law, vol. XVI, number 3, July, 1922." ; Cover title. ; Mode of access: Internet.

This book examines how legal, political, and rights discourses, security policies and practices migrate and translate across the North Atlantic.

Struggles for LGBT rights and the security of sexual and gender minorities are ongoing, urgent concerns across the world. For students, scholars, and activists who work on these and related issues, this handbook provides a unique, interdisciplinary resource. In chapters by both emerging and senior scholars, the Oxford Handbook of Global LGBT and Sexual Diversity Politics introduces key concepts in LGBT political studies and queer theory. Additionally, the handbook offers historical, geographic, and topical case studies contexualized within theoretical frameworks from the sociology of sexualities, critical race studies, postcolonialism, indigenous theories, social movement theory, and international relations theory. It provides readers with up-to-date empirical material and critical assessments of the analytical significance, commonalities, and differences of global LGBT politics. The forward-looking analysis of state practice, transnational networks, and historical context presents crucial perspectives and opens new avenues for debate, dialogue, and theory.

Why did countries achieve a consensus to restrict export subsidies and export-promoting domestic subsidies when the World Trade Organization (WTO) began in1995, but not decades earlier under the General Agreement on Tari¤s and Trade(GATT)? This question poses a challenge for the theory of trade agreements becauseexport promotion improves the terms of trade of importers, so subsidy restrictions re-duce the welfare of importing nations. This paper argues that cross-border externalitiesarising from political economy and pro…t-shifting can explain the historical pattern ofsubsidy rules. Motives to restrict export promotion do not exist when trade policiesare chosen noncooperatively, because import tari¤ revenue neutralizes any motive forexport promotion. Once import tari¤s fall, as in the 1950s and 1960s, then motivesto restrict export promotion can arise. Governments prefer to protect domestic salesthrough international subsidy restraints rather than to allow consumers to bene…t fromunfettered subsidization. Governments could in theory have eliminated the need forsubsidy rules by eliminating domestic intersectoral misallocation or by adjusting bothimport taxes and export subsidies consistent with the GATT principle of reciprocity,but I argue that in practice they have not done so. GATT documents and the WTOnegotiating history provide support for the theory that the WTO subsidy rules addressan international pro…t-shifting problem. ; info:eu-repo/semantics/published