'Philips Brief: The Hilton Bombing, Calling Out the Troops and Turning Points in History' (2014) 38 Criminal Law Journal 59-62
In: University of Queensland TC Beirne School of Law Research Paper No. 15-01
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In: University of Queensland TC Beirne School of Law Research Paper No. 15-01
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In: Nutshell Series
Sources and forms of international environmental law -- International environmental law: the historical continuum -- Implementation and compliance -- Population -- Biodiversity -- Global climate change -- Ozone depletion -- Antarctica -- Toxic and hazardous substances -- Land-based pollution -- Pollution by vessels and offshore oil platforms -- Dumping -- Conservation of marine living resources -- Transboundary air pollution -- Transboundary water pollution -- Desertification -- Nuclear damage -- Future of international environmental law (IEL)
In: European Human Rights Law Review, 2 (2012)
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In: De Gruyter eBook-Paket Rechtswissenschaften
This book provides a concise introduction to the basics of Jewish law. It gives a detailed analysis of contemporary public and private law in the State of Israel, as well as Israel's legal culture, its system of government, and the roles of its democratic institutions: the executive, parliament, and judiciary. The book examines issues of Holocaust, law and religion, constitutionalization, and equality. It is the ultimate book for anyone interested in Israeli Law and its politics. Authors Shimon Shetreet is the Greenblatt Professor of Public and International Law at the Hebrew University of Jerusalem, Israel. He is the President of the International Association of Judicial Independence and World Peace and heads the International Project of Judicial Independence. In 2008, the Mt. Scopus Standards of Judicial Independence were issued under his leadership. Between 1988 and 1996, Professor Shetreet served as a member of the Israeli Parliament, and was a cabinet minister under Yitzhak Rabin and Shimon Peres. He was senior deputy mayor of Jerusalem between 1999 and 2003. He was a Judge of the Standard Contract Court and served as a member of the Chief Justice Landau Commission on the Israeli Court System. The author and editor of many books on the judiciary, Professor Shetreet is a member of the Royal Academy of Science and Arts of Belgium. Rabbi Walter Homolka PhD (King's College London, 1992), PhD (University of Wales Trinity St. David, 2015), DHL (Hebrew Union College, New York, 2009), is a full professor of Modern Jewish Thought and the executive director of the School of Jewish Theology at the University of Potsdam (Germany). The rector of the Abraham Geiger College (since 2003) is Chairman of the Leo Baeck Foundation and of the Ernst Ludwig Ehrlich Scholarship Foundation in Potsdam. In addition, he has served as the executive director of the Masorti Zacharias Frankel College since 2013.The author of "Jüdisches Eherecht" and other publications on Jewish Law holds several distinctions: among them the Knight Commander's Cross of the Austrian Merit Order and the 1st Class Federal Merit Order of Germany. In 2004, President Jacques Chirac admitted Rabbi Homolka to the French Legion of Honor
In: Utrecht University School of Law Research Paper Forthcoming
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In: Studies in law, politics, and society 23
The theory and praxis of biblical law in the historical and contemporary landscape of American law and culture is contentious and controversial. Richard Hiers provides a new consideration of the subject with an emphasis upon the underlying justice and compassion implicit within. Special consideration is given to matters of civil law, the death penalty, and due process. An analysis of various biblical trial scenes are also included. . The book draws on, and in turn relates to three areas of scholarship and concern: biblical studies, social ethics, and jurisprudence (legal theory).&n
In: Social Inclusion, Band 11, Heft 2, S. 177-186
ISSN: 2183-2803
In 1850, 17 years before the Dominion of Canada was created, colonial officers in representation of Her Majesty the Queen, concluded Treaty Numbers 60 and 61 with the Anishinaabe Nation of Northern Ontario. The Robinson Treaties - so named after William Benjamin Robinson, a government official - include land cessions made by the Anishinaabe communities in return for ongoing financial support and protection of hunting rights. The land areas included in the treaty are vast territories that surround two of Canada's great lakes: Lake Superior and Lake Huron. These lands were important for colonial expansion as settlements began to move west across North America. The treaties promised increased annual annuity payments "if and when" the treaty territory produced profits that enabled "the Government of this Province, without incurring loss, to increase the annuity hereby secured to them." This amount has not been increased in 150 years. This article reviews Restoule v. Canada, a recent Ontario decision brought by Anishinaabe Treaty beneficiaries who seek to affirm these treaty rights. A reading of the Robinson Treaties that implements the original treaty promise and increases annuity payments would be a hopeful outcome of the Restoule v. Canada decision for it would be the implementation of reconciliation. In addition, the Restoule decision has important insights to offer about how Indigenous law can guide modern‐day treaty interpretation just as it guided the adoption of the treaty in 1850. The Robinson Treaties are important for the implementation of treaty promises through Indigenous law and an opportunity to develop a Canada in which Indigenous peoples are true partners in the development and management of natural resources.
In: Political theory: an international journal of political philosophy, Band 18, Heft v 90
ISSN: 0090-5917
The political philosopher E.A.Goerner cleared important ground in the philosophical study of Aquinas. In his 2 articles on Thomistic ethics, first published in Political Theory, he rejects Aquinas's traditional classification as a natural law theorist. Goerner identifies the presence of 2 ethical standards in Aquinas's thought, natural law and natural right. Includes a response by Goerner. (SJK)
As the main tool for the achievement of the proper functioning of the internal market, the Union is focused on the process of harmonization. The role of harmonization in the EU's internal market is to remove barriers to trade and to facilitate free movement of goods, persons, services, and capital (as well as payment). This can be achieved in many ways, including through the adoption of harmonization, i.e., approximation measures, such as directives and regulations. The established CJEU case law confirms that the aim of harmonization measures is to 'reduce disparities between legal systems.' This aim's realization very often depends upon the form of the chosen harmonization measure and the level of harmonization the measure is based on (e.g., minimum, maximum, full (targeted) harmonization). However, today, we are faced with changes in the regulatory approach of the EU legislator and these changes are greatly affecting the process of harmonization. Due to the increased level of harmonization, EU directives are starting to appear and function more like EU regulations, and vice versa. Because of numerous optional clauses, clauses of minimal harmonization, and the so- called 'opening clauses', EU regulations are not reducing but enabling 'disparities between legal systems.' As an example, authors are analyzing the EU's General Data Protection Regulation (GDPR) containing more than 69 opening clauses, which play an important role in the process of harmonization and present an instrument of interplay between EU law and Member States' laws. Therefore, it remains to be answered within the lines of this paper whether the role of opening clauses is in compliance with the aim of harmonization in the EU law.
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In: Space, materiality and the normative
Enter : from landscape to lawscape -- Rhizomatic jurisprudence : terra firma and terra incognita -- Artwork : from object to hyperobject -- Case studies: the contested spaces -- Commons : being(s)-in-common -- Intellectual property law : commons and schizophrenic capitalism -- Ownership : possessed -- Exit : atmosphere
The study by the Société Générale des prisons (Société Générale des Prisons), a place where discussions on penalties were produced at the end of the nineteenth century, a learned mid-century, a semi-parliamentary committee, the privileged territory of this important socio-professional group, namely lawyers, makes it possible to embark on a reflection which attempts to trace the genealogy of social construction, and is intended to contribute to the history of knowledge and their social practices, and wonders about attempts to reproduce relations between the State and civil society through this particular and complex prism, the world of justice, order and disorder. This project is also part of a general research approach which aims, on the basis of criminal law, to contribute to the analysis of the socio-political methods of drafting law and to the analysis of the role of knowledge and of what they make up in the social strategies in use, and to focus on the social processes, which are complex policies in this third Republic. The criminal object is generally practised or dealt with in the context of assigning knowledge of the criminal offence, which makes it possible to identify it. There is a reversal of prospects here: criminal law is becoming a research object which introduces, in a privileged way, policy analysis and social analysis. ; L'étude de la Société générale des prisons, lieu de production des réflexions sur les pénalités à la fin du XIXème siècle, mi-société savante, mi-commission extra-parlementaire, territoire privilégié de ce groupe socio-professionnel important que sont les juristes, permet d'entamer une réflexion qui tente de retracer la généalogie de la construction sociale du fait criminel, se veut une contribution à l'histoire des savoirs et de leurs usages sociaux, s'interroge sur les tentatives de recomposition des rapports Etat-société civile à travers ce prisme particulier et complexe qu'est le monde de la justice, de l'ordre et du désordre. Ce projet s'inscrit également dans une ...
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In: The Canadian yearbook of international law: Annuaire canadien de droit international, Band 57, S. 156-222
ISSN: 1925-0169
AbstractThe delimitation of maritime boundaries is a complex and multifaceted process with legal and technical aspects. The process involves the determination of a maritime boundary in a situation where two or more states are confronted with overlapping titles. In the absence of any precise rules in treaty law and established customary rules based on state practice, it has been left to the jurisprudence of international courts and tribunals to develop the applicable law of maritime boundary delimitation. This article provides a detailed examination of the complex and multifaceted processes involved in maritime delimitation law. In doing so, it highlights recent developments in the field, with an emphasis on the emerging principles of "non-cut-off" and "non-distortion." The article also analyzes the crystalizing rules on delimitation beyond 200 nautical miles and questions the applicability of these rules to the ongoing maritime boundary dispute between Canada and the United States in the Beaufort Sea.
In: European Law Review, Band 35, S. 307-324
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