Suchergebnisse

AbstractImproving information literacy in law translates into developing methods for improving legal research competencies among lawyers, law students and the general public. This paper summarizes four approaches for improving legal research skills of prospective lawyers in U.S. law schools and discusses their successes and shortcomings to help assess their potential application in an international environment. These approaches include: (1) offering mandatory law school courses in legal research; (2) adding elective (or optional) credit based courses in legal research; (3) offering non-credit legal research support to law students at their point of need; and (4) testing prospective lawyers on their legal research competencies as a requirement to being licensed to practice law.

AbstractOur current understanding of so-called "self-contained regimes" is based on an overly simplistic appreciation of how such regimes interact with each other and with the larger body of international law. Drawing on an analysis of WTO case law, this article highlights two distinct normative relations, addressing the relationship of international trade law vis-à-vis general international law and international environmental law. As the analysis reveals, further differentiation of normative relationships is needed to better understand how such seemingly independent regimes operate in a fragmented legal system. It also shows that a recently proposed interpretative tool, systemic integration, raises new questions and challenges traditional conceptions of international treaty law.

International criminal law — Jurisdiction — Principle of universality — Crimes against humanity — Whether crimes of universal jurisdictionJurisdiction — Universal — Crimes against humanity — United Nations General Assembly Resolution 3074 of 1973 — Whether now recognized as enshrining rule of customary international law on universal jurisdiction over such crimes — Conditions for establishment of rules of customary international lawRelationship of municipal law and international law — Treaties — Crimes against international law — Convention against Torture and other Inhuman or Degrading Treatment, 1984 — Articles 4 and 5 — Provisions on jurisdiction of municipal courts — Whether automatically incorporated into municipal legal order or requiring specific implementing legislation — Conditions for direct applicability of treaty provisions — The law of Luxembourg

THIS PAPER STUDIES THE RELATIONSHIP BETWEEN PUBLIC AND PRIVATE INTERNATIONAL LAW. ALTHOUGH THERE IS LITTLE DISAGREEMENT AS TO WHAT CONSTITUTES PUBLIC INTERNATIONAL LAW, THERE IS NOT MUCH UNANIMITY OF VIEWS WHEN DISCUSSING THE NATURE OF PRIVATE INTERNATIONAL LAW. DIFFERENT COUNTRIES HAVE DIFFERENT APPROACHES. THE AUTHOR STATES THAT THE PROBLEM OF DETERMINING THE NATURE OF PRIVATE INTERNATIONAL LAW IS PRINCIPALLY A CONCERN OF THE GENERAL THEORY OF LAW AND THE THEORY OF INTERNATIONAL LAW. SINCE NEITHER DISCIPLINE HAS GIVEN PROPER ATTENTION TO THE SUBJECT, THE AUTHOR SETS OUT TO DELIMIT THE NORMS OF ONE LEGAL SYSTEM FROM ANOTHER BY DETERMINING THE OBJECTS OF LEGAL RELATIONS, AMONG OTHER METHODS.

Sovereign immunity — Foreign State and State-owned companies — Land survey company nationalized and integrated into foreign State — Sub-contract concluded before nationalization — Action by sub-contractor for damages — Acts iure imperii and iure gestionis — Whether restrictive or absolute theory of sovereign immunity to be applied — Attachment of property of foreign StateInternational law in general — Relation to municipal law — Whether international law part of the law of South Africa — Principles of international law conflicting with South African legislation or with common lawRecognition — Of States and governments — Whether exclusively within the prerogative of the Executive — Conclusive character of Executive certificate — Practice of the courts — The law of South Africa

221Sovereign immunity — Immunity from attachment — Property of central bank — Whether Central Bank of Nigeria entitled to immunity from suit or attachment — Mareva injunction — Whether available to restrain central bank from removing funds from the jurisdiction — United Kingdom State Immunity Act 1978 — Whether retroactive — Whether combined effect of United Kingdom legislation and United States Foreign Sovereign Immunities Act 1976 has changed international lawInternational law in general — Sources — State practice — Legislation — Effect of legislation by United Kingdom and United States on content of customary international law — Relationship of international law and municipal law — Duty of court to apply current rules of international law — The law of England

This article examines the choice of law methods developed in four legal systems for problems relating to the substantial or essential validity of contracts. The complicated questions of formation and capacity have had to be left aside. The first two parts of this article discussed the choice of law methods used by courts in France, Germany, and the United States. This concluding part deals with the law in England and the common law jurisdictions in Canada, and also, by way of epilogue, with the recently completed European Communities Convention on the law applicable to contractual obligations. Finally, some general conclusions will be offered about the patterns of law that have emerged in the course of this survey.

Intro -- Preface -- Contents -- 1 Introduction -- 1.1 Parliamentary Participation in EU Affairs According to EU Primary Law -- 1.2 Parliamentary Participation in Treaty Revision Largo Sensu -- 1.2.1 General Remarks -- 1.2.2 Ordinary Revision Procedure -- 1.2.3 Simplified Revision Procedure -- 1.2.4 General Bridging Clauses as Another Simplified Revision Procedure -- 1.2.5 Decisions Requiring the Approval by the Member States in Accordance with Their Respective Constitutional Requirements -- 1.2.6 Special Bridging Clauses -- 1.2.7 Other Treaty-Amending Provisions -- 1.3 The Evolution of the General Bridging Clauses -- References -- 2 The General Bridging Clauses of Article 48(7) TEU -- 2.1 Scope of Application -- 2.2 Exceptions -- 2.2.1 Written Exceptions (Article 353 TFEU) -- 2.2.2 Unwritten Exceptions -- 2.3 "Area" or "Case" -- 2.4 Relationship Between the Two General Bridging Clauses -- 2.5 Legal Effects, Revocability and Judicial Review -- 2.5.1 Legal Effects -- 2.5.2 Revocability -- 2.5.3 Judicial Review -- References -- 3 Special Bridging Clauses -- 3.1 Sector-Specific Bridging Clauses -- 3.1.1 Social Policy -- 3.1.2 Environmental Policy -- 3.1.3 Family Law with Cross-Border Implications -- 3.1.4 Multiannual Financial Framework -- 3.1.5 Relationship to the General Bridging Clauses -- 3.2 Enhanced Cooperation -- 3.3 Article 31(3) TEU as Lex Specialis? -- 3.4 "Semi-Passerelle" Clauses -- References -- 4 Procedure for Activating the General Bridging Clauses -- 4.1 Participation of the National Parliaments in General -- 4.2 Initiative of the European Council -- 4.3 Veto Right of National Parliaments -- 4.3.1 Making Known the Opposition of the National Parliament to the European Council Initiative -- 4.3.2 National Procedures in Bicameral Parliamentary Systems -- 4.3.2.1 Predominance of a Parliamentary Chamber

September, 1991 saw the passing of A.L. Philpott, loyal alumnus of the University of Richmond and The T.C. Williams School of Law, Speaker of the House of Delegates, and member of the Virginia General Assembly for thirty-three years. He was 72. Advocate, counsellor, legislator, A.L. Philpott embodied the notion of lawyer as public servant. His contributions to the development of Virginia law and public policy are legion. Perhaps chief among these were his commitment to improving codification of the Code of Virginia and his steadfast devotion to constitutional doctrine and individual liberties. In recognition of his many contributions to the Commonwealth and the University, the A.L. Philpott Adjunct Chairs in Law have been established at the University of Richmond.

Yankee Ranger -- Oil! -- Bits and bullets -- Slots and goats -- Goldthwaite -- The sheriff and the socialite -- Home front -- Rape and race -- Red River Ranger -- Bad men -- The phantom and the war hero -- Aggies revolt! -- Gays and Reds on campus -- A lone Ranger -- The chief -- The fall -- An old Ranger lets go

In the early 1970s, Queensland was a haven for crooks from both sides of the law. It was into this hothouse that Ray Whitrod was controversially appointed as police commissioner in 1970. Just six years later he resigned from the head role of the Queensland Police Force, no longer willing to tolerate the interference of the Bjelke-Petersen government. It was a decision that the Fitzgerald Inquiry would later vindicate. Ray Whitrod rose through the ranks from police cadets in Adelaide to command not only the Queensland police but the Commonwealth and Papua New Guinea forces as well. In wartime, he had trained and flown as a navigator with the RAF in Europe and the Middle East. After the war, he helped to found ASIO, operating both in the field and from behind a desk. At once a personal memoir and a rare insider's view of the Force, this reissue of Before I Sleep has an introduction by Matthew Condon, author of Three Crooked Kings and Jacks and Jokers

Report of the Texas State Auditor's Office related to determining whether state agencies conform to the Position Classification Plan by ensuring proper classification of legal positions.

Status of religious communities -- Constitutional guarantees: a historical overview -- Legal registration of religious communities -- State support for Islamic religious communities -- Muslims in integration laws -- Mosques and prayer houses -- Burial and cemeteries -- Education and schools -- Compulsory education -- Religious education -- Independent schools -- Further and higher (tertiary) education -- Islamic religious education training at universities -- Islamic chaplaincy in public institutions -- Employment, social laws and discrimination -- Religious holidays -- Islamic slaughter and food regulations -- Islamic goods and services -- Islamic dress -- Criminal law -- Male circumcision -- Female genital mutilation -- Forced marriages -- Family law -- Private international law -- Marriage and divorces -- Spouses' matrimonial property rights -- Inheritance law -- Substantive family law -- Marriage -- Divorce -- Spouses' matrimonial property rights -- Inheritance law -- Children -- General considerations -- Islamic custody and fostering in Swedish law -- Bibliography

Treaties — Operation and enforcement — Enforcement of foreign arbitral award under treaty terms — Provision of treaty more restricted than common law remedies — Treaty acting to supplement, not to abridge, existing remedies — Treaty of Friendship, Commerce and Navigation, 1954 between United States and Federal Republic of Germany — The law of the United StatesInternational law in general — Relation to municipal law — Treaty as supreme form of law in United States — Enforcement of foreign arbitral award under treaty terms — Provision in treaty more limited than common law approach to enforcement — Treaty acting to supplement and not to abridge existing remedies — Treaty of Friendship, Commerce and Navigation, 1954 between United States and Federal Republic of Germany — The law of the United States