The ICSID Under Siege
In: Cornell International Law Journal, Band 45, Heft 3
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In: Cornell International Law Journal, Band 45, Heft 3
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In: Journal of World Trade, Band 46, Heft 1, S. 83-120
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In: UNSW Law Research Paper No. 2012-48
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In: Transnational Dispute Management (2012), Forthcoming
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In: UNSW Law Research Paper No. 2010-4
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In: George Washington International Law Review, Band 41, S. 1
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In: UNSW Law Research Paper No. 2007-67
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Working paper
In an earlier contribution to this journal' the present writer called attention to growing interest, in the Soviet Union, in the application of the comparative method to the study of Soviet domestic law as evidenced by the appearance of two criminal law texts devoted exclusively to Belorussian and Ukrainian criminal law. The volume herein reviewed elaborates that theme and endeavours to come expressly to grips with the methodological issues implicit in analyzing a single legal system from a comparative standpoint. The impetus for studying Soviet law from a comparative perspective evidently dates from the late 1960s and owes much to the efforts of Uzbek jurists. The research tasks of the Comparative Law Sector of the Institute of Philosophy and Law of the Uzbek Academy of Sciences received the formal sanction of the State Committee for Science and Technology of the USSR Academy of Sciences in 1968; these include: (a) the theoretical study and generalization of the experience of socialist construction in the union republics using the comparative method; (b) identifying the general societal laws of development and specific pecularities in union republic constitutional law; (c) working out the basic principles for applying the comparative method to various branches of Soviet law; (d) preparing proposals for improving Soviet legislation and the structure of state administration, and (e) training comparatists.
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In an earlier contribution to this journal' the present writer called attention to growing interest, in the Soviet Union, in the application of the comparative method to the study of Soviet domestic law as evidenced by the appearance of two criminal law texts devoted exclusively to Belorussian and Ukrainian criminal law. The volume herein reviewed elaborates that theme and endeavours to come expressly to grips with the methodological issues implicit in analyzing a single legal system from a comparative standpoint. The impetus for studying Soviet law from a comparative perspective evidently dates from the late 1960s and owes much to the efforts of Uzbek jurists. The research tasks of the Comparative Law Sector of the Institute of Philosophy and Law of the Uzbek Academy of Sciences received the formal sanction of the State Committee for Science and Technology of the USSR Academy of Sciences in 1968; these include: (a) the theoretical study and generalization of the experience of socialist construction in the union republics using the comparative method; (b) identifying the general societal laws of development and specific pecularities in union republic constitutional law; (c) working out the basic principles for applying the comparative method to various branches of Soviet law; (d) preparing proposals for improving Soviet legislation and the structure of state administration, and (e) training comparatists.
BASE
In an earlier contribution to this journal' the present writer called attention to growing interest, in the Soviet Union, in the application of the comparative method to the study of Soviet domestic law as evidenced by the appearance of two criminal law texts devoted exclusively to Belorussian and Ukrainian criminal law. The volume herein reviewed elaborates that theme and endeavours to come expressly to grips with the methodological issues implicit in analyzing a single legal system from a comparative standpoint. The impetus for studying Soviet law from a comparative perspective evidently dates from the late 1960s and owes much to the efforts of Uzbek jurists. The research tasks of the Comparative Law Sector of the Institute of Philosophy and Law of the Uzbek Academy of Sciences received the formal sanction of the State Committee for Science and Technology of the USSR Academy of Sciences in 1968; these include: (a) the theoretical study and generalization of the experience of socialist construction in the union republics using the comparative method; (b) identifying the general societal laws of development and specific pecularities in union republic constitutional law; (c) working out the basic principles for applying the comparative method to various branches of Soviet law; (d) preparing proposals for improving Soviet legislation and the structure of state administration, and (e) training comparatists.
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In: Vienna online journal on international constitutional law: ICL-Journal, Band 16, Heft 4, S. 375-420
ISSN: 1995-5855, 2306-3734
Abstract
This article examines the supremacy accorded to free speech by the First Amendment of the American Constitution and in contrast, the European Union's 2018 General Data Protection Regulation [GDPR] that highlights data protection. It compares speech as a fundamental human right in US law with the GDPR that champions individual and social rights in personal data as constraints upon speech action. It evaluates US and EU law in light of the history of the law of privacy and the protection of personal information, as is reflected in the International Covenant on Civil and Political Rights [ICCPR]. The article concludes by proposing a uniform and consistent regime for limiting freedom of expression in an era of mass exposure of personal data to harmful online dissemination on the global Internet of Things [IoT].
This article develops the notion that a government has a public responsibility to prevent electoral fraud in a way that extends beyond the protections conferred by an electorate's directly correlative right to voting freedom. Focusing on electoral freedom and voter fraud in electoral systems, it presents theoretical arguments for holding governments responsible arising from the incomplete or unclear nature of juristic rights, powers, and duties. It holds that such public responsibilities are functionally necessary, in the interests of a truly inclusive participatory democracy. The article uses illustrations of fair elections globally, and in the United States in particular, including the divided 2014 US Supreme Court decision, US v. Texas, in which the majority denied the right to vote to prisoners and parolees who are disproportionately represented by ethnic minorities.
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