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This article asks whether Quebec has lost relevance in the constitutional politics of language. It proposes a doctrinal analysis of the Supreme Court's Charter jurisprudence, with an emphasis on the most recent body of case law, and an assessment of its political consequences in the area of language policy in Quebec. The article argues that constitutional review has increasingly protected individual rights over Quebec's collective right to maintain its language and culture. This can be explained by the move towards an implacable parallel constitutionalism and a redefinition of official minority linguistic rights in the jurisprudence, as well as by the exhaustion of Quebec's legislative counterattacks to court rulings. The article concludes that Quebec is no longer driving concepts of Canadian citizenship. Undifferentiated rather than multinational citizenship appears to be the direction in which Charter language jurisprudence is taking Canada.

The passage of the UN Convention on the Rights of Persons with Disabilities in 2006 was hailed by the international disability rights movement as "giving voice" to millions of persons with disabilities around the world. The Convention institutionalizes a role for Disabled Persons Organizations (DPOs) in monitoring their rights. As such, international disability NGOs, networks, and funders have initiated capacity building projects that organize persons with disabilities for advocacy in local communities around the world. A central tension, however, has emerged. While the international disability movement is interested in mobilizing grassroots groups, it is also interested in ensuring that those DPOs reflect global priorities. As such, the international movement is engaged in promoting a very narrow organizational model that corresponds to membership-based, human rights advocacy that conflicts directly with the self-help, social support model that is the basis of many local disabled persons organziations, especially in the developing world. Using qualitative data drawn from fieldwork with grassroots disability associations in Northern Nicaragua, this article shows that international and national organizations have utilized a number of methods, including providing advocacy training, establishing new organizations, formalizing reporting procedures, to bring DPOs together around a human rights advocacy agenda. Program implementation, however, revealed a narrow concern with political empowerment that did not resonate with a local focus on addressing material needs and the instillation of a strict hierarchy and bureaucratic procedures that did not allow local DPOs to deviate from pre-determined, top-down agendas. This case study provides insight into the way global civil society legitimates itself through outreach directed at the grassroots, yet does not allow their full participation in interpreting and implementing their human rights. When local groups resist, it is understood as the result of a lack of consciousness or clear understanding rather than the strategic response of associations embedded in cooperative relationships and focused on addressing the material needs of their members

Este ensayo explora, desde una perspectiva comparada, dos momentos en que, en dos jóvenes repúblicas americanas, un fuerte sentimiento nativista se tradujo en ley: la Alien Law estadounidense de 1798, y la expulsión de españoles en México en 1827. El trabajo pretende descubrir cómo el lugar dentro de la sociedad local que ocupaban aquellos que se iban a ver afectados por las leyes, así como la mecánica de la decisión política dentro de dos sistemas federales todavía inacabados afectaron los resultados del proceso de exclusión. ; This essay explores, in a comparative perspective, two moments in the life of two young American republics during which strong nativist feelings were crystallized into law: the US's Alien Law of 1798, and Mexico's expulsion of Spaniards in 1827. The paper focuses on how the place within local society occupied by those affected by the law, and the mechanics of political decision within two federal systems that were still under construction shaped the outcome of the exclusionary process.

After the different changes in Criminal Law over recent years, the state's right to punish criminal offenses pursuant to its animal cruelty laws, Ius puniendi, has risen questions and concerns that have not been solved yet. At this point, the criticism comes from different sectors. Not only are there lawyers against Criminal Law punishment in these acts of abuse, but even those in favour can not agree in which has to be the legal right to be protected by the legislator. ; Tras las distintas Reformas realizadas en el Código Penal en los últimos años, lejos de disipar las dudas y cuestiones existentes en torno a la idoneidad de que fuera el Ius puniendi del Estado el encargado de castigar las conductas relativas al maltrato animal, las mismas siguen existiendo en el día de hoy. Así las cosas, no sólo nos encontramos con juristas que critican la idea de que el encargado de sancionar estos actos de maltrato sea el Derecho Penal, sino que dentro de aquellos otros que sí que se muestran favorables a esta idea, divergen enormemente en cual ha de ser el bien jurídico a proteger por parte del legislador.After the different changes in Criminal Law over recent years, the state's right to punish criminal offenses pursuant to its animal cruelty laws, Ius puniendi, has risen questions and concerns that have not been solved yet. At this point, the criticism comes from different sectors. Not only are there lawyers against Criminal Law punishment in these acts of abuse, but even those in favour can not agree in which has to be the legal right to be protected by the legislator.

The goal of this dissertation is to describe and analyze one set of efforts to improve monitoring, licensing, accountability, and socio-environmental outcomes of industrial-scale farming in the Cerrado, located in Brazil's southern Amazon. These efforts are collectively called Lucas do Rio Verde Legal [Lucas Legal], an environmental licensing initiative which is the product of a multi-stakeholder partnership. This partnership includes an international environmental NGO, national and multi-national industrial agriculture firms, and local government agencies. Environmental issues in the Cerrado are frequently framed as economic, and, to a lesser extent, policy issues, due to the high profitability of industrial agriculture in the region and shortcomings on the part of the state to adequately monitor rural activities and enforce environmental laws. Lucas Legal is novel not only for its relative successes at improving the effectiveness of environmental licensing of rural properties locally and at the state level, but also for its role in increasing the interest of rural producers in addressing environmental issues and for calling attention to cultural, historical, institutional, and technical factors that contribute to agri-environmental problems in the Amazon. A multi-method approach, including archival research, ethnographic research, ongoing interviews with key informants, and a semi-structured survey of 20 farmers was used to explore the genesis and outcomes of Lucas Legal from many different angles, and to trace the history of the project and understand the unique history of the municipality (Lucas do Rio Verde) in which the project began. Analysis of the project drew on three distinct literatures - the literature on Environmental Governance; the literature on Environmentality, which is heavily based on Foucault's work on Governmentality; and the combined literatures on Advocacy and Discourse Coalitions. While none of these literatures was sufficient alone to explain the unique history and outcomes of Lucas ...

From the 1950s to 1970s large numbers of workers migrated not only from the south of Italy to the industrial areas in the north of the country but also to West Germany. Whereas the former movement was an internal migration within a nation state, the latter can be defined as transnational migration. Both migration movements had similar characteristics, however there was one major difference regarding the legal status of the labour migrants: while they were citizens in Northern Italy, they were non-citizens in Germany. This article discusses what relevance the formal qualification of citizenship, with the codification of civil, political and social rights, had for the labour migrants in everyday life. On the one hand the changing supranational regulations that extended the range of citizenship status are scrutinized, on the other the background of the Italian labour migrants in marginal areas of the country that limited their possibilities of exerting citizenship is taken into consideration. By assessing what impact the dissimilar legal status had on the labour migrants' opportunities within both receiving societies the article contributes to the recently opened research agenda of a combined study of internal and transnational migrations.

problem statement. Further effective development of the construction industry in Ukraine and attracting investments in this field are associated by most experts nowadays with the implementation of international construction standards FIDIC and the involvement of FIDIC consulting engineer, which entails the need to analyze the compliance of the rights and responsibilities of consulting engineer under Ukrainian law to world standards embodied in standard forms of international standards developed by the International Federation of Consulting Engineers (FIDIC). The purpose of the work is to substantiate proposals to achieve compliance of the rights and responsibilities of consulting engineer in Ukraine to international standards (including FIDIC); introduction of professional engineering supervision in Ukraine; substantiation of directions of creation of an effective quality management system in construction taking into account requirements of the international standards. Methods. To solve the problems of research, the following scientific methods were used: historical and legal during the study of the history of formation and development of international building standards; comparative and legal – in the course of comparative analysis of approaches to the role of FIDIC consulting engineer in the system of construction quality control under Ukrainian law and consulting engineer in the quality management system under international standards; formal and logical during the analysis of the current legislation, which establishes the legal status of a consulting engineer; dialectical and modeling to substantiate proposals to take into account key approaches to world best practice in the field of regulation of relations between participants in investment and construction activities. Result. It is established that despite certain legislative initiatives, the current legislation of Ukraine does not fully take into account the key approaches of the best world practice in the field of regulation of relations between ...

From Pussy Riot to Michael Khodorkovskiy, the solidity of the rule of law in Russia seems rather shaky. This has translated into a troubled relationship between Russia and the European Court of Human Rights since Russia's ratification of the European Convention in 1998. Various factors explain this tension, including the structure of the judiciary, the status of the European Convention in Russia law, public mistrust of the courts, and ongoing episodes of armed conflicts. This has posed enormous challenges to the European Court of Human Rights, and even the most recent attempts to improve it are unlikely to trigger better compliance in Russia. Adapted from the source document.

The subject of the article is professional secrecy in practicing the legal profession in American law, with the indication of some differences resulting from separate laws of different states, and in the European Union – taking into account a few exemplary countries. Its sources were described – both legal and ethical, as well as the definition and construction. Confidentiality has been included in the objective and subjective aspect, taking into account different views in the doctrine as to its scope. Bearing in mind the basic right from which professional secrets derive – the right to privacy – the article also includes some of its aspects related to confidentiality. ; The subject of the article is professional secrecy in practicing the legal profession in American law, with the indication of some differences resulting from separate laws of different states, and in the European Union – taking into account a few exemplary countries. Its sources were described – both legal and ethical, as well as the definition and construction. Confidentiality has been included in the objective and subjective aspect, taking into account different views in the doctrine as to its scope. Bearing in mind the basic right from which professional secrets derive – the right to privacy – the article also includes some of its aspects related to confidentiality.

The article is devoted to the analysis of the legal support of the Ukrainian land reform from the point of view of its ecological component and realization of the purposes of sustainable development. The ecological aspect of land reform in our state is represented by separate legislative steps of land rehabilitation. In particular, the organizational and legal bases of land melioration have been improved, including the maintenance of field protective forest belts, the legal bases of land division by purpose and territorial planning, etc. The Law on the Circulation of Agricultural Land is aimed at overcoming the moratorium on the alienation of agricultural land. One of its goals is to create conditions for the rational use of land and soil. And this is a prerequisite for their preservation, restoration and improvement, but requires further legal regulation. The paper uses positive foreign experience in land reforms, as well as international and foreign experience in the legal regulation of rational use and protection of land and soil. It is concluded that at the present stage of land reform, the state is trying to restore the efficient use of Ukrainian lands with minimal expenditure of state resources by creating legal, organizational and economic prerequisites, when landowners, land users and local communities, by virtue of their environmental and social legal awareness, legal culture and responsibilities, will be able to restore Ukraine's land potential and achieve sustainable development goals.

The aim of the article is to determine the legal foundations. The methodological basis of the study is analysis and synthesis, systems approach, genetic and comparative methods. Conclusions: The Byzantine law can be traced to the legislation of Basil I and Leo VI. However, jus gentium (law of nations) did not have sufficient representation in their codes. Therefore, the legal basis of Byzantine foreign policy consisted of customs and traditions that had been formed in diplomatic practice in ancient times.The system of international relations of Byzantium was hierarchical. The legal status of each participant in this system was determined by military power, political potential, tradition and religious identity. The relations between Byzantine and Kievan Rus' can serve as a model of the application of international legal norms, which were based on the treaty of 944, which regulated the legal status of merchants, property rights, mutual military assistance and the use of territories on the coast of the Dnieper River estuary, Beloberezhye and the island of Saint Epherius (Berezan).

An independent legal profession is said to be "the bulwark of a free and democratic society." It is also said that a high measure of independence of mind and action by legal actors is necessary for the maintenance of the rule of law. However, too often, there is the allegation (within the sociological literature in particular) that the legal profession has used the concepts of independence and the rule of law as a shield or cuirass rather than as a sword. The image of lawyers representing unpopular clients fearlessly and advocating on behalf of unpopular causes, so as to uphold legal rights, is replaced with images of lawyers using these self-same concepts to preserve the status quo, favor those with high social status and pursue self-regulation for self-interest rather than for any so-called public interest. It is against this contested terrain that this Article looks at, from a comparative perspective, regulatory efforts in both the United States and South Africa in untraditional and controversial ways to address what these countries perceive as societal failings.

Introduction; Indian credit characteristics; Credit and Indians; Indian credit in the United States; Bureau financing; 1. Tribal funds; 2. Revolving loan funds; 3. Bureau credit programs in liquidation; A. Reimbursable loans; B. Livestock loans repayable "in kind"; Indian credit in the Gallup area; Purpose and procedure; Review of policy and operation files; Tabulation of Indian credit applications; 1. The Navajo agency; 2. The Southern Ute agency; 3. The Jicarilla Apache agency; Analysis of credit operation; Comparison of Indian vs non-Indian credit characteristics; Analysis of tribal credit program; Statistical comparisons of the relationship between amount of loan requested and estimated net income; Cost of credit; Indian credit in the Gallup area vs non-Indian credit; Administrative costs of lending programs; Lender survey; Requests for credit; Strong and weak points enumerated by agencies making tribal Indian loans; Kind of tribal Indian loans made; Future interest in loans to tribal Indians; Security for future loans by reservation Indians; Future interest rates on loans to tribal Indians; Borrower characteristics stressed; Loan guaranty program; Legal changes believed necessary by non-Indian lenders; Legal aspects of loans to Indians by non-Indian lenders; State laws; Real estate loans; Federal land bank loans; Insurance company loans; Farmers home administration loans; Bank for cooperatives loans; Non-real estate loans; Banks; Production credit associated loans; Farmers home administration loans; Merchant and other loans; Conclusions and recommendations; Recommendations ; Research report containing an analysis of tribal credit programs in northwestern New Mexico and adjacent portions of Arizona, Utah, and Colorado.

This paper has as its emphasis the cogent need for the effective implementation of a general but uniform legal framework or environment for the treatment of foreign direct investment by the recipient African States. Hence its purpose, namely, the need to move towards the development of a harmonised legal regime on foreign direct investment within the Southern African Development Community. This necessitates a comparative study of the FDI laws of select South African countries, examining and analysing the principal features of the legal regimes of some of these countries with the aim of illustrating the areas of commonality and highlighting the differences. It also assesses the feasibility of developing or adopting an already existing model legislation on direct foreign investment by contracting parties to the SADC treaty. It thus proves instructive not to confine this paper to Southern African countries, but rather to draw from the experiences of various other countries on the African continent.