Suchergebnisse

I am going to review with you today the law with respect to the federal treaty-making power as it seemed to be two years ago when I made the California speech and then call your attention to the law as announced in April of this year by the Fujii case in California. Finally, I will try to indicate where we Americans may find ourselves in the next two or three years unless, as lawyers, we raise our voices and save our domestic law and basic rights from the encroachments and engulfments of international legislation effected through the treaty-making power.

The article seeks to make a modest effort in making sense of the international environmental law-making process. It comprises the subtle normative process currently at work, including 'global conferencing' technique resorted to by the UN General Assembly, how it draws upon the basic legal underpinnings of international law, the unique treaty-making enterprise at work, and what this enormous legal churning process portends for the protection of the global environment at this critical time of perplexity in the Anthropocene epoch. It calls for taking serious cognizance of mass destruction of plant and animal species, heavy pollution of fresh water resources, choking of the oceans with plastic and other litter, and alteration of the atmosphere, among other lasting impacts that imperil our only abode Earth. International environmental law-making process is ad hoc and piecemeal and is generally understood to be the product of a lack of a single, central specialized institution having expertise on the subject, scientific uncertainty on many environmental issues, and the hard-headed economic interests of sovereign states. Still, the international environmental law-making process with its inherent resilience could possibly be able to adapt to the vagaries of scientific assessments and the political realities of in the future.

One form of criticism of liberal legal theory in the United States has been the neo-Marxist attempt to establish itself in United States jurisprudence. Described is the potential in critical legal thought for use in the revitalization of Marxist political thought, eg, its practical orientation & attention to reason & justice. Particularly, critical legal thought ascertains that the democratic needs of collective decision making, dispute resolution, & politically expressive bodies be formalized & anticipated. Argued is a transcendence of traditional law & the state, which serve to insulate class power, in favor of a concept of law as the definitive practice of capitalism's social order. Modified Author Summary.

Further improvement of the work of justice bodies within framework of democratic legal reforms in our country, including development of rule-making function of the system, is one of main directions of the unified state legal policy. At the same time, it is necessary to introduce qualitatively new and modern mechanisms for rule-making activities of judicial bodies, coordination of rulemaking bodies and the bodies of state management and efficient and systematic methodological guidance of the process, further improving features and functions of judiciary in the formation of a common legal practice. Based on above, this article examines the activities and trends in development of justice bodies in the Republic of Uzbekistan, their functions and nature of rule-making functions, and the activities of foreign justice bodies in this regard have been analyzed and suggestions for improvement have been made. Keywords: justice, state, ministry, norm, expertise, structure, function, law, resolution