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Legal maxims reflect settled principles of law to which jurists appeal when confronting new legal cases. One such maxim of Islamic criminal law stipulates that judges are to avoid imposing ḥudūd and other sanctions when beset by doubts as to the scope of the law or the sufficiency of the evidence (idra'ū ʾl-ḥudūd biʾl-shubahāt): the "ḥudūd maxim." Jurists of all periods reference this maxim widely. But whereas developed juristic works attribute it to Muḥammad in the form of a prophetic report (ḥadīth), early jurists do not. Instead, they cite the maxim as an anonymous saying of nonspecific provenance in a form unknown to ḥadīth collectors of the first three centuries after Islam's advent. This difference in the jurists' citations of the maxim signals a significant shift in claims to legal authority and the asserted scope of judicial discretion, as jurists debated whether and how to resolve legal and factual doubt. While political authorities exercised increasingly wide discretion over criminal matters and used it to benefit the elite, most jurists promoted an egalitarian "jurisprudence of doubt" through insisting on criminal liability for high-status offenders and heightening claims of the authoritativeness and scope of the ḥudūd maxim as a ḥadīth.

The new outer space natural resources policy of the United States, outlined between 2015 and 2020 by national legislation (including the U.S. Space Resource Exploration and Exploitation Act of 2015 and the U.S. Executive Order of April 6, 2020) and in 2020 also by the U.S.-initiated separate international Artemis Aсcords, is meant to be consistent with the universal Outer Space Treaty of 1967, the basic source of international space law. This policy, which opens access for private investors to natural resources of celestial bodies under the American legislation has commanded a wide international attention not only because of the exhilarating data on the high density of deposits of precious metals and other highlydemanded natural resources on some asteroids, but also because of the question raised during the workings of the UN Committee on the Peaceful Uses of Outer Space: does this policy violate the US obligations under international law according to which the use of outer space, including celestial bodies, constitutes "the province of all mankind"? Or is it more rational for other states to create a similar international format of selective cooperation in order to be among the first to exploit the wealth of nearby celestial bodies without devoting political efforts to collectively establish international offense committed by the United States? Can a national legal and international legal response of Russia, China and other states, which are not subordinated to the United States, supported by their technological and industrial outer space infrastructure applicable to the outer space natural resources activities, become an effective incentive to negotiate a universal special international legal regime? It appears to be feasible since it is necessary to ensure conflict-free and, consequently, economically stable outer space natural resources activities corresponding to the national interests of the majority of states even with different international legal positions.

The legality principle characterizes all western legal systems, and it has become an integral part of the Western rule of law and the international human rights law. The principle dates back to enlightened jurists such as Cesare Beccaria and to social contract thinkers such as Charles de Secondat de Montesquieu, according to whom judges were to act only as the mouthpiece of the statutory law. Paul Johann Anselm von Feuerbach, the inventor of the famous maxim ›nullum crimen, nulla poena sine lege‹, developed these thoughts further. The emergence of the legality principle links closely to the teachings on the division of powers. The studies of this volume cover most of Europe from England, Italy and Spain to Sweden, Russia and England, and both the South and North American continents. In most parts of Europe, the nineteenth-century criminal law reforms form an integral part of the ›liberal‹ agenda. These changes took place, however, at different times in different parts of the Western world, and for slightly different reasons. Comparative legal history shows, furthermore, that the roots of the principle date much further back in history than the eighteenth century. Before the formulation of the legality principle, written statutes already played a significant role in the criminal law in many parts of the Western world. The articles of the volume, written by the foremost experts on comparative legal history, demonstrate that the attitudes and practices toward written statutes as sources of criminal law varied greatly from one region to another. In most parts of the European continent judicial arbitration was carefully defined in legal scholarship (Italy, France), whereas in some regions written law played an important role from early on (Sweden). Although the nineteenth century was fundamental in shaping the legality principle, in some countries its breakthrough remained even then far from complete (Russia, the United States). / The legality principle characterizes all western legal systems, and it has become an integral part of the Western rule of law and the international human rights law. The principle dates back to enlightened jurists such as Cesare Beccaria and to social contract thinkers such as Charles de Secondat de Montesquieu, according to whom judges were to act only as the mouthpiece of the statutory law. Paul Johann Anselm von Feuerbach, the inventor of the famous maxim nullum crimen, nulla poena sine lege, developed these thoughts further. The emergence of the legality principle links closely to the teachings on the division of powers. The studies of this volume cover most of Europe from England, Italy and Spain to Sweden, Russia and England, and both the South and North American continents. In most parts of Europe, the nineteenth-century criminal law reforms form an integral part of the ›liberal‹ agenda. These changes took place, however, at different times in different parts of the Western world, and for slightly different reasons. Comparative legal history shows, furthermore, that the roots of the principle date much further back in history than the eighteenth century. Before the formulation of the legality principle, written statutes already played a significant role in the criminal law in many parts of the Western world. The articles of the volume, written by the foremost experts on comparative legal history, demonstrate that the attitudes and practices toward written statutes as sources of criminal law varied greatly from one region to another. In most parts of the European continent judicial arbitration was carefully defined in legal scholarship (Italy, France), whereas in some regions written law played an important role from early on (Sweden). Although the nineteenth century was fundamental in shaping the legality principle, in some countries its breakthrough remained even then far from complete (Russia, the United States).

"Islamic Perspectives on the Principles of Biomedical Ethics presents results from a pioneering seminar in 2013 between Muslim religious scholars, biomedical scientists, and Western bioethicists at the research Center for Islamic Legislation & Ethics, Qatar Faculty of Islamic Studies. By examining principle-based bioethics, the contributors to this volume addressed a number of key issues related to the future of the field. Discussion is based around the role of religion in bioethical reasoning, specifically from an Islamic perspective. Also considered is a presentation of the concept of universal principles for bioethics, with a response looking at the possibility (or not) of involving religion. Finally, there is in-depth analysis of how far specific disciplines within the Islamic tradition — such as the higher objectives of Sharia (maqāṣid al-Sharī'ah) and legal maxims (qawā'id fiqhīyah) — can enrich principle-based bioethics."--Provided by publisher

In media, static political media cartoons systematically began to appear in the first half of the 19th century. In the next century, it vividly showed itself in sound media works, into which it entered indirectly through the genre of art parody of literary, musical, cinematic or media sources. To understand the sound parody-with-caricatures, the authors noted the importance of the system of acquired semantic meanings formed by the viewer, primarily related to films and other popular genres. Among the significant Russian-language samples of the political sound media cartoons, the issues of the Russian TV-program Kukli (Puppets) and the German Internet project Zapovednik (Restricted Area with Special Legal Status) were separately analyzed. Zapovednik discovered a new milestone in the development of media genre in the XXI century. Using its issues, the functioning of music and other sounds was briefly reviewed in relation to the moving media cartoons and the parody scene in general. The authors of the study drew particular attention to the multi-level principle of the building a parody-with-caricatures.http://mediamusic-journal.com/Issues/10_6.html

International audience ; The principle of freedom of access to sanitary and environmental information produced by industry for regulatory purposes should enable citizens, NGOs, scientists and governments to check data and re-assess substance toxicity risks. Through this, it supports opportunities to speak and to participate in the governance process. Under freedom of information laws, the ability to improve transparency, independently re-assess risks and exercise free speech relies on the availability of data. However, access to environmental information is limited by companies' property rights, a source of legal exception to the principle of free access. Restrictions within environmental and sanitary information laws show commonalities with the field of information commons, in terms of access enclosure (trade secrets, confidentiality, intellectual property, data protection) and the conditions of producing effective free speech depending on the reusability of information (open data, open formats). This chapter examines the limits imposed by environmental law and regulatory practices on free speech, and considers institutional changes and the integration of open science and open data principles to improve both the governance of information produced by industry and its availability for the public to develop analysis and speech.

Human rights are not just another set of legal tools, norms and entitlements. Rather, they radiate the authority of "inalienable rights", which all human beings equally possess - simply because of their humanness. This is the foundational idea. Although human rights are a beacon of hope for numerous people in all continents, they remain politically contested in many ways. Critics have questioned the effectiveness of human rights campaigns as well as the legitimacy of promoting universal rights across political and cultural boundaries. In order to respond to critical objections, one has to tackle stereotypical misperceptions, such as the false equation of human rights with an "individualistic" lifestyle. In fact, human rights facilitate political solidarity based on universal respect. Unlike other introductions to human rights, which usually focus on legal standards, procedures and institutions, this book mainly explores the foundational principles, which jointly define the human rights approach: inherent dignity, freedom, equality and solidarity. The purpose is to trigger curiosity, critical questions, debates and personal discoveries. Professor Heiner Bielefeldt teaches human rights at the Friedrich-Alexander University in Erlangen-Nurembourg. Between 2010 and 2016, he served as UN Special Rapporteur on freedom of religion or belief. ; Die Menschenrechte strahlen eine besondere moralische Autorität aus. Als "unveräußerliche Rechte", die allen Menschen allein aufgrund ihres Menschseins zukommen, unterscheiden sie sich von sonstigen rechtlichen Instrumenten, Normen oder Ansprüchen. Dies ist die grundlegende Idee. Obwohl für viele Menschen in allen Kontinenten ein Fanal der Hoffnung, bleiben die Menschenrechte in mehrerer Hinsicht politisch umstritten. Sowohl die Wirksamkeit menschenrechtlicher Kampagnen als auch die Legitimität des Eintretens für grenzüberschreitende universale Rechte stehen seit langem in der Kritik. Um auf Einwände antworten zu können, gilt es zunächst, stereotype Missverständnisse auszuräumen, ...

Intro -- Contents -- Chapter 1: Introduction: The Path of Analytical Realism -- 1.1 On "Realism" and "Scepticism" in Jurisprudence -- 1.2 Overview -- 1.3 Conceptual Analysis -- Chapter 2: Interpretation, Truth, and the Logical Forms of Interpretive Discourse -- 2.1 A Haunting Problem -- 2.2 Legal Interpretation -- 2.2.1 Interpretation Proper to a Practical Purpose -- 2.2.1.1 Textual Interpretation -- 2.2.1.2 Meta-Textual Interpretation -- 2.2.2 Interpretation Proper to a Cognitive Purpose -- 2.2.2.1 Methodological Conjectures -- 2.2.2.2 Ideological Conjectures -- 2.2.2.3 Methodological Innovation -- 2.2.3 Interpretation Improper -- 2.2.3.1 Interpretation-Detection -- 2.2.3.2 Interpretation-Prediction -- 2.2.3.3 Interpretation-Prescription -- 2.3 Truth -- 2.3.1 Empirical Truth -- 2.3.2 Pragmatic Truth -- 2.3.3 Systemic Truth -- 2.3.3.1 Deductive Normative Systems -- 2.3.3.2 Rhetorical Normative Systems -- 2.3.4 Taking Stock -- 2.4 The Problem Unravelled -- 2.5 Truth and the Nature of Judicial Interpretation -- Chapter 3: Interpretive Games -- 3.1 Big and Small(er) Problems -- 3.2 The Challenge of Linguistic Theories -- 3.2.1 The Word-Meaning Theory -- 3.2.2 The Sentence-Meaning Theory -- 3.3 The Failure of Linguistic Theories -- 3.4 Interpretive Games -- 3.4.1 Simple v. Complex Games -- 3.4.2 Open v. Well-Designed Games -- 3.4.3 Cognitive v. Practical Games -- 3.4.4 Privileged Rule-Making v. Universal Rule-Making Games -- 3.4.5 External Rule-Making v. Contextual Rule-Making Games -- 3.4.6 No-Reinterpretation, Unlimited Reinterpretation, Limited Reinterpretation Games -- 3.5 The Conversation Game -- 3.5.1 The Principle and Maxims of Conversation -- 3.5.2 The Principle and Maxims of Conversational Interpretation -- 3.6 The Statutory Interpretation Game -- 3.7 A Concluding Note -- Chapter 4: Taking Context Seriously -- 4.1 A Kantian Reproach.

The article presents a short review of international legislation to ensure equal rights and opportunities for all children, regardless of race, religion, mental or physical development, social status of parents, etc. The most important documents that guarantee the accessibility of education for all children of the Republic of Belarus are disclosed. The idea and objectives of the ELA international project are described. ; Veranika Radyhina - radygina@yandex.by ; Iryna Turchanka - ilukevich@bspu.by ; Veranika Radyhina - Assistant Professor, PhD, Deputy Director of the Institute of Advanced Training and Retraining of Maxim Tank Belarusian State Pedagogical University. Her research interests focus on inclusive education, adult education. Occupational therapy (training and support employment of people with SEN), educational support for children with SEN in inclusive education, building of positive attitudes of teachers of secondary schools and peers to children with SEN. ; Iryna Turchanka - Senior Lecturer, EdM, of the Institute for Advanced Training and Retraining of Maxim Tank Belarusian State Pedagogical University. Her professional interests include: adult education, the development of inclusive approaches to educational practice, information medium of instruction, creation of electronic educational projects, intensive technology training. ; Veranika Radyhina - Maxim Tank Belarusian State Pedagogical University ; Iryna Turchanka - Maxim Tank Belarusian State Pedagogical University ; Chiang, T. (2008). Inclusive Education: Problems of Improving Educational Policy and System. ; Decision of the Ministry of Education of the Republic of Belarus No. 136 of July 25, 2011 on approval of the Instruction on the procedure for creating special groups, groups of integrated education and training, special classes, classes of integrated teaching and education and organization of the educational process (2011). Retrieved from http://pravo.newsby.org/belarus/postanov3/pst702.htm ; Decree of the President of the Republic of Belarus No. 15 of July 17, 2008 on certain issues of general secondary education (2008). Retrieved from http://laws.newsby.org/documents/dekretp/dek00006.htm ; Education for All. (2000). World Education Forum. Retrieved from http://docplayer.ru/26703163-Dakarskie-ramki-deystviy-obrazovanie-dlya-vseh-vypolnenie-nashih-obshchih-obyazatelstv.html ; Kearns, S. (1995). Integration in the Society of People with Special Needs. Presented at the First Moscow International Conference on Down's Syndrome and helping people with intellectual disabilities, Moscow. ; Methodical recommendations for the organization of integrated teaching and education of students with special characteristics of psychophysical development in general education institutions. (2009). Retrieved July 9, 2017, from www.asabliva.by ; Methodical recommendations on improving the work on the organization of integrated education and training. (2016). Retrieved July 9, 2017, from http://asabliva.by/ru/main.aspx?guid=107053 ; Ovchinnikova, T. S. (2011). On the issue of studying the experience of inclusive education abroad. Almanah of the Institute of Correctional Pedagogy of the Russian Academy of Education, (14). ; Salamanca Declaration on Principles, Policies and Practices in the Education of Persons with Special Needs (1994). Retrieved from http://notabene.ru/down_syndrome/Rus/declarat.html ; The Code of the Republic of Belarus on Education (2011). Retrieved from http://pravo.by/document/?guid=3871&p0=hk1100243 ; The Concept of the Development of Inclusive Education of Persons with Peculiarities of Psychophysical Development in the Republic of Belarus. (n.d.). Retrieved July 9, 2017, from http://asabliva.by/ru/main.aspx?guid=5801 ; The Declaration of the Rights of the Child (1959). Retrieved from https://www.unicef.org/malaysia/1959-Declaration-of-the-Rights-of-the-Child.pdf ; The Declaration on the Rights of Mentally Retarded Persons (1971). Retrieved from http://www.un.org/ru/documents/decl_conv/declarations/retarded.shtml ; The European Convention for the Protection of Human Rights and Fundamental Freedoms (1950). Retrieved from http://www.echr.coe.int/Documents/Convention_ENG.pdf ; The European Social Charter (2000). Retrieved from https://www.coe.int/en/web/conventions/full-list/-/conventions/rms/090000168006b642 ; The Law on the Ratification of the Convention on the Rights of Persons with Disabilities (2016). Retrieved from http://center.gov.by/18-oktyabrya-2016-g-podpisan-prezidentom-respubliki-belarus-zakon-o-ratifikatsii-konventsii-o-pravah-invalidov/ ; The resolution 48/96 adopted the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (1993). Retrieved from http://www.un.org/ru/documents/decl_conv/conventions/disabled_intro.shtml ; The United Nations Convention on the Rights of Persons with Disabilities (2006). Retrieved from http://www.un.org/ru/documents/decl_conv/conventions/disability.shtml ; The United Nations Declaration on the Rights of Persons with Disabilities (1975). Retrieved from http://www.un.org/ru/documents/decl_conv/declarations/disabled.shtml ; The Universal Declaration of Human Rights (1948). Retrieved from http://www.un.org/en/udhrbook/pdf/udhr_booklet_en_web.pdf ; The World Declaration on the Survival, Protection and Development of Children (1990). Retrieved from http://www.un.org/ru/documents/decl_conv/declarations/decl_child90.shtml ; The World Program of Action for the Disabled (1982). Retrieved from https://www.un.org/ development/desa/disabilities/resources/world-programme-of-action-concerning-disabled-persons.html ; 1 ; 1 ; 61 ; 70

Cover -- Half Title -- Title -- Copyright -- The Author -- Table of Contents -- List of Abbreviations and Hebrew Sources -- General Introduction -- 1. HISTORICAL DEVELOPMENT -- 2. NATURE AND SCOPE -- Part I. General Principles (Choice of Law Technique) -- Chapter 1. Sources of PIL -- 1. NATIONAL LAW -- I. Legislation -- II. Case Law -- III. Legal Principles and Maxims -- IV. Literature -- 2. INTERNATIONAL LAW -- I. Multi- and Bilateral Treaties -- A. Multilateral Treaties -- 1. Civil Procedure and Legal Assistance -- 2. Status -- 3. Family Law -- 4. Succession Law -- 5. Intellectual Property Law -- 6. Law of Obligations -- 7. Arbitration -- B. Bilateral Treaties -- 1. The Palestinian Authority -- 2. Recognition and Enforcement of Judgments -- II. International Customary Law -- 3. CUSTOMARY LAW/LEX MERCATORIA -- Chapter 2. Determination of the Applicable Law -- 1. CONFLICT OF LAW RULES -- I. Types of Conflict of Law Rules -- A. Hard and Fast Rules versus Weighing and Balancing Contacts -- B. Exception Clauses -- C. Multilateral versus Unilateral Conflict Rules -- II. Connecting Factors -- A. General Policy of Law Selection -- B. Exception Clause -- C. The Personal Connecting Factor: Domicile/Habitual Residence versus Nationality (Citizenship) or Religious Affiliation -- 1. Nationality (Citizenship) -- 2. Domicile/Habitual Residence -- 3. Residence Simple -- 4. Religious Affiliation -- D. Lex rei sitae/Unity of Property -- III. Time Factors/conflit mobile -- IV. Dépecage -- A. Formalities -- B. Capacity -- C. Choice of Applicable Law (Party Autonomy) -- D. Trilateral Relations: Consensual Agency/Authority of Agents -- E. Prescription -- 2. RELEVANT CONTACT AND EVASION OF THE LAW -- 3. CHOICE OF LAW (PARTY AUTONOMY) -- 4. OBJECTIVE CONNECTING FACTOR -- I. Principle of the Closest Connection.

Nationalization of foreign property and deprivation of contractual rights have again achieved prominence through measures in Iran, Egypt, Indonesia, and, more recently, in Cuba. The end of certain regimes often brings with it changes in political and social conditions. And yet recognition of acquired rights is the principal basis of intercourse in economic relations, as recognized by the law of civilized nations. International law, far from being an outgrowth of only Western concepts, is indeed an expression of fundamental principles embodied in long established legal systems throughout the world. Islamic law, for instance, which is of real significance for one sixth of the world population, in the Middle East, Pakistan, Southeast Asia and parts of Africa, clearly embodies the universal maxim of the protection of acquired rights.An anomalous situation arises where governments desire foreign investments while at the same time rights in property and contractual relations are threatened and even destroyed. The Brazilian Judge Levi Carneiro said in the Anglo-Iranian Oil Co. Case:
When there are so many countries in need of foreign capital for the development of their economy, it would not only be unjust, it would be a grave mistake to expose such capital, without restriction or guarantee, to the hazards of the legislation of countries in which such capital has been invested.

Preface -- Contents -- Abbreviations -- Part I: The Definition and Scope of Good Faith in Public International Law -- 1 -- The Role of Principles in the Body of Public International Law -- 2 -- The Three Meanings of Good Faith in Public International Law -- I. Good Faith as a Subjective Legal Fact -- II. Good Faith as an Objectivising Legal Standard -- III. Good Faith as a General Principle of Law -- 3 -- The Degree of Normativity of the Principle of Good Faith -- 4 -- The Delimitation of Good Faith with Respect to Other Principles of International Law -- I. Good Faith and Pacta Sunt Servanda -- II. Good Faith and Equity -- Part II: Good Faith in the Various Subject Areas of Public International Law -- 5 -- Good Faith and the Sources -- I. Good Faith and Pre-Conventional Obligations (Article 18 of the VCLT) -- II. Good Faith and the Ratification of Treaties by Conduct -- III. Good Faith and the Conclusion of a Treaty in Violation of Municipal Law (Article 46 of the VCLT) -- IV. Good Faith and the Loss of the Right to Claim the Invalidity of a Treaty (Article 45 of the VCLT) -- V. Good Faith and the Interpretation of Treaties -- VI. Good Faith in the Execution of Treaties -- VII. Good Faith in the Modification of Treaties -- VIII. Good Faith and the Doctrine Rebus Sic Stantibus -- IX. Good Faith and the Birth of Customary International Law -- X. Good Faith and Unilateral Acts -- XI. Good Faith and Acquiescence -- XII. Good Faith and Estoppel -- 6 -- Good Faith and the Jurisdiction of States -- I. Good Faith in the Doctrine of Acquisitive Prescription -- II. Good Faith and Extinctive Prescription (Time-Bar, Laches) -- III. Good Faith and the Prohibition of Abuse of Rights -- IV. Good Faith and the Maxim nemo ex propria turpitudine commodum capere potest -- V. Good Faith and the Critical Date -- 7