Suchergebnisse

A response to Linda S. Bishai's "Intervention in Law and Politics" & Jan Klabbers's "Separating Law and Politics: A Comment" (2001). Contrary to Bishai's interpretation of the Danish Instit of International Affairs' (DUPI) (1999) examination of humanitarian intervention as an attempt to preserve international law from politics, it is contended that the DUPI's document was designed to think about the legal & political practices connected to humanitarian intervention efforts. An overview of the DUPI's argument concerning the role & legitimacy of humanitarian intervention in third-party states is subsequently provided, emphasizing the agency's identification of four legal-political strategies for justifying intervening efforts. Bishai's & Klabbers' respective assertions that adopting a unified perspective toward humanitarian intervention is impossible within the context of international law are addressed. A three-part explanation for the DUPI's theoretical decision to differentiate legal & political arguments for humanitarian intervention is then provided. Bishai's & Klabbers' respective suggestions that separating legal & political perspectives constitutes a nonpolitical move is ultimately rejected. 8 References. J. W. Parker

Seeking constitutional settlement in Myanmar / Janelle Saffin -- Rule of law concepts in Burma's constitutions and actual practice : no ground for optimism / Myint Zan -- A second panglong agreement : Burmese federalism for the Twenty-first-Century / David C Williams -- Irresistible forces and immovable objects : constitutional change in Myanmar / Andrew Harding -- The 2008 Constitution : the evolution of leadership / Priscilla Clapp -- Contesting the rules : Myanmar's 2015 election and electoral integrity / Bridget Welsh -- Achieving 'Genuine Federalism'? Myanmar's insxorable path towards constitutional devolution and decentralised governance / Marcus Brand -- The everyday emergency : between the constitution and the code of criminal procedure in Myanmar / Melissa Crouch -- How the constitutional tribunal's jurisprudence sparked a crisis / Dominic Jerry Nardi, Jr -- Judicial power and the constitutional Tribunal : some suggestions for better legislation relating to the tribunal and its role / Khin Khin Oo -- Human rights under the new rigime / Catherine Renshaw -- The legal profession and the substantive rule of law in Myanmar / Janelle Saffin and Nathan Willis

Explores the relationship between law, privatization, & democratization in the legal transition of Eastern Europe away from state-socialist legality. Following a sociohistorical review of the post-1989 reforms, the terms of state-socialist legality imposed by the former USSR in the postwar era are outlined. Given the high degree of continuity in constitutions, statutes, & judges since the state collapses of 1989, it is difficult to assess whether the legal system can even be delinked from the political system. The primacy of the political sphere is still the most important legacy of postcommunist legal regimes because of the current state of economic emergency that precludes the development of democratic legal culture. East Germany, Poland, Czechoslovakia, & Hungary are then placed in a comparative-historical framework, emphasizing significant continuity between pre- & post-1989 legal institutions & personnel. What is necessary is a program for legal & judicial reform that addresses cultural & ideological problems in the legal construction of Eastern Europe both before & after upheavals of 1989. 137 References. J. Cowie