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What follows is, first, a report of certain developments during the last two years in the administrative law of Virginia, in particular the law governing rule making by state agencies and judicial review of both rules and cases from state agencies and, second, a report of developments in the law relating to Virginia's Freedom of Information Act.
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In: American journal of international law: AJIL, Band 109, Heft 3, S. 498-513
ISSN: 2161-7953
Public international law and comparative law have so far been regarded as largely distinct fields, with little to no overlap between them. The degree of separation between the two disciplines is rendered in particularly stark relief by the absence in practice or scholarship of any real inquiry into the relationship between comparative law on the one hand and customary international law and general principles of international law on the other. Some eminent international lawyers go so far as to claim that it would be both unnecessary and unrealistic to have recourse to comparative law in the context of the identification of customary international law and general principles of law, pointing to the case law of the Permanent Court of International Justice and the International Court of Justice, which, according to them, "show[s] a clear disinclination towards the use of the comparative method."
In: Hungarian Yearbook of International Law and European Law
This book contains a collection of articles written mostly by Hungarian authors covering developments in the field of international law and EU law, as well as the progress in domestic implementation and application of these fields of law. The thematic chapter on the significance of EU values, authored, among others, by renowned international experts, gives an in-depth analysis of a current issue of international law or European law. It also contains numerous articles analyzing well-known Hungary-related cases and their assessment from the perspective of Hungarian legal experts. The book offers
Cover Page -- Title Page -- Copyright Page -- Dedication -- Contents -- Foreword -- Introduction -- Part One: United Nations Action -- 1: Security Council Authorization -- 2: Expanding Reach of the Security Council -- 3: Implied Authorization and Intentional Ambiguity -- Part Two: Self-defence -- 4: 'Inherent Right' of Self-defence -- 5: Self-defence against Terrorism -- 6: Pre-emptive Self-defence -- Part Three: Humanitarian Intervention -- 7: Pro-Democratic Intervention -- 8: Unilateral Humanitarian Intervention -- 9: Responsibility to Protect -- Part Four: International Law during Armed Conflict -- 10: Protection of Civilians -- 11: Protection of Combatants and Prisoners of War -- 12: War Crimes Courts and Tribunals -- Epilogue: War Law and the Single Superpower -- Appendix: Charter of the United Nations, 1945 -- Further Reading -- Selected Internet Sites -- Index
The article deals with the correlation between the European Union law and international law. Constant participation of the European Union and its members in international organizations gave a rise to the need for establishment of interrelation between the sources of international law particularly international agreements and customs and sources of European Union law such as regulating agreements and acts of the EU institutions as well as necessity to identify which norms should be applied in a certain case and which hierarchical connections exist in these sources. This issue was research by numerous Ukrainian and foreign scholars such as T.V. Komarova, O.V. Plotnikov, K. Zigler, I.I. Maryniv, R. Jennigs, K. Tomushat and others. But unlike scientific research EU agreements do not have any provisions which would identify the type of relations between EU law and international law. It is also necessary to note that the only subject which position is important in this sphere is EU Court. In order to answer the mentioned questions decisions of the EU Court which had an impact on the formation of a new law and order on international level such as the one of the European Union (for example decision in case Van Gend en Loos) and decision of the Court which established fundamental positions regarding correlation of EU law and international law (for example in case Kadi v Council and Commission) were researched into. Provisions of EU regulating agreements related to international agreements and their place in the system of norms of the European Union were analyzed. To see the procedure of applying customary law in European law case law of the EU Court was researched. The article provides modern position of the EU Court regarding interaction between European and international law.
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ISSN: 1341-7444
In: American journal of international law, Band 79, Heft 3, S. 598
ISSN: 0002-9300
Numerous court decisions affecting property law in Virginia have been announced since the last edition of this portion of the annual survey. Significant decisions of the Supreme Court of Virginia, Virginia Court of Appeals and the Court of Appeals for the Fourth Circuit are discussed in Section I of this article. Furthermore, a prolific General Assembly has passed various legislation affecting property law ranging from condominiums to zoning. Significant legislation is discussed in Section II.
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In: Journal of Comparative Legislation and International Law, S. 57-65
This thesis is about cultural appropriation, copyright law, and tattoos. It explores in depth the argument for law reform to prevent the cultural appropriation of Māori and Aboriginal and Torres Strait Islander culture, with a particular focus on the protection of cultural imagery and arts styles. First, the thesis unpacks the nature of cultural appropriation claims as possessive claims, identity claims, and performative utterances. Second, it analyses the ambiguities and contradictions that sit behind cultural appropriation claims, as identified through law reform scholarship and an empirical study of how law interacts with and governs cultural life and artistic practice, with respect to tattoo subculture. Third, it teases out the political stakes of alleging cultural appropriation through a close consideration of historical constructions of cultural difference and intercultural dealings in tattoo in the Pacific region.Three analytical frameworks of 'performativity', 'law and society', and 'desire for the Other' help frame the inquiry.Doctrinal analysis is utilised to explore private property claims over imagery and arts styles, and contextualise discussion of legal exclusion and inclusion of Indigenous peoples and their artforms. Fieldwork exposes how meaning is made outside of the formal legal frame in the everyday lives of artists, and the dynamism and contest that marks cultural production. Historical analysis provides a deeper understanding of cultural appropriation allegations as performances that construct a very specific relationship between appropriation and the colonial past.In exploring the intersection of cultural appropriation and law from above, from below, and in historical context this thesis exposes the dynamism of cultural appropriation claims, the challenges of transplanting new legal norms within artistic subcultures, and the politics that is engaged, resisted, and produced by claims of cultural appropriation in the domain of copyright law. Ultimately, it is argued that the justification for, and utility of, legal intervention in local sites that already order creativity, appropriation, and conflict resolution in the shadow of the law is neither as straightforward nor as persuasive as is assumed in reform scholarship.
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