National Law
In: The Carrier's Liability for Deck Cargo; Hamburg Studies on Maritime Affairs, S. 31-56
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In: The Carrier's Liability for Deck Cargo; Hamburg Studies on Maritime Affairs, S. 31-56
In: Remedies in International Human Rights Law, S. 22-49
The characteristic features of modern banking law and its place in the national law. The structure of the legal system. Clarified the issue of banking relationship with the legal rights of the units : the rule of law, the institution of law, sub-sector and the field of law. Methods are defined with respect to the legal regulation of banking, such as a method of government regulations, administrative and regulate the power relations between the NBU and commercial banks, and the method of autonomy, that is, legal equality of the parties where applicable civil legal method of regulating social relations. defined legal acts regulating banking activity. Determined that the banking law is a complex interdisciplinary institute that combines norms of administrative, financial, civil and commercial law governing the relationship between the banks and corporations and individuals, as well as coordinate the relationship between the commercial banks and establish a procedure for submission of commercial banks to the National Bank of Ukraine
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The thesis of the present paper is that the future of law in this country is dependent upon the solution of the problem of international security and that without this solution we must expect to see a progressive decline in the rule of law and a probably unlimited growth at an increasingly rapid rate of official discretionary power with all the dangers to national liberty which such a development would entail. The problem springs from the effect of total war which itself has derived from the application of technological discoveries to war upon an anarchical world society, i. e., a world society lacking in adequate organs of government. One of four papers delivered at the Legal Institute of the Seattle Bar Association held at the University of Washington Law School on April 7, 1944.
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In: Proceedings of the annual meeting / American Society of International Law, Band 89, S. 255-259
ISSN: 2169-1118
In: SHARIA INCORPORATED: A COMPARATIVE OVERVIEW OF THE LEGAL SYSTEMS OF TWELVE MUSLIM COUNTRIES IN PAST AND PRESENT, pp. 553-612, J.M. Otto, ed., Leiden University Press, 2010
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In: The Hogendorp Papers, 7 v.No. 7
The book is aimed at examining the interface or interaction between European Union (EU) law and national law, in particular at assessing the delineation of competences between the EU and its member states regarding various policy areas. The book is intended not only to investigate the controversial aspects of the EU-national law relationship, but it should result into the presentation of recommendations for guiding the interface between EU and national rules in specific domains. Consequently, its objective is the production of guidelines for governing not yet clearly defined interactive correl
In: Indian journal of public administration, Band 24, Heft 1, S. 217-221
ISSN: 2457-0222
The formation of Indonesia's national legal system cannot be separated from the politics of law, because it is used as a guide in the process of making and enforcing the law to achieve a dream and national goal. The formation of the legal system in Indonesia has not gone well, Indonesia should have its own law. By having its own law, Indonesia will have national identity and will be seen as advanced by other countries. The formation of the national legal system in Indonesia is heavily influenced by external elements. It should maintain all the material sources of law that already exist in Indonesia. The objective of this study is to describe the formation of the national legal system in the State of Indonesia. This study uses a normative approach by using secondary data from library materials. The results of this study indicate that the formation of a national legal system is a process of developing a legal system and along with its element. With the development of the national legal system, it must be able to replace the Dutch colonial legal products with its own legal products. The development of the national legal system is a way to make changes in Indonesian legal products that must be in accordance with the values that are in people's lives. In the process of legal development, it is impossible to be separated from a legal politics.
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Development of National Law in the Republic of Indonesia, in the post-reform era, experienced a pretty great struggle, due to the lack of strength and lack of comprehensiveness of the government's efforts to fight for smooth reform, characterized by various improper behaviors, which were not based on values contained in the precepts of the Pancasila. Based on this concern, an effort is needed to better understand the values that exist in the precepts of the Pancasila. These values actually exist in the life of Indonesian people which are divided into various ethnic cultures. The aim is to find out the various events that occur due to a lack of understanding of multiculturalism which causes justification for wrong behavior. Therefore, this multiculturalism understanding is positioned as a grand strategy in the realization of Pancasila, so that cultural understanding and interaction will support national law development. The research method uses a qualitative, descriptive analysis approach, which is carried out methodologically, sociologically, and historically. Data collection uses primary study in the form of literature and secondary studies in the form of various philosophers of state administration. Approaches from various aspects, such as philosophical aspects (philosophy approach), legislation (statute approach). Conclusions and implications of problems that occur in multicultural understanding and constitutional awareness.
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This paper tries to describe an attempt to retrace sharia science position in national law development. As part of Islamic law and national legal subsystem application, the position of sharia science is very strategic and significant. The existence and position of shari'ah science is not solely lies in theoretical development through academic studies, but practically can coloring positive law formation. The sharia application is not only individual normative obligations, but also a collective obligation that involves academics, legal practitioners, and the government. Theoretically and practically, the position of sharia science in the formation of national legislation can be seen from three aspects which are: substance, structure, and culture.
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In: International journal of law libraries: IJLL ; the official publication of the International Association of Law Libraries, Band 5, Heft 1, S. 5-22
ISSN: 2626-1316
The European Communities, with their sovereign rights in special areas, disrupt the trend toward exclusive territorial rights of the national states and, in this way, reflect a new development in international law.
This paper undertakes a praxiological study (practice based approach) of Muslim "religious tribunals", Shari'ā Councils and Muslim Arbitration Tribunals (MATs) not part of the UK law. Some Western scholars maintain that traditional shari'ā law is discriminatory on issues of gender equality, in particular, with reference to Muslim family law. It is important to examine the shift from the "true narratives" of the Qur'ānic Model (QM) to the "living practice"; co-construction of "true narratives" with the QM.This paper argues that discrimination can be eliminated through the QM by adopting the interpretive/hermeneutical approach. Praxiological/practice based approach (PBA) in this study has identified that discrimination does exist in the "living practice" of traditional shari'ā law.This study treats the Qur'ān-Sunnā as complementary sources to each other because this has important implications with reference to "wife beating" verse in the Qur'ān (Q.4:34). PBA enabled to identify the specifics of discrimination that occur. Thesecular-religious debate has been politically influenced, for example, inequality issue for women seeking advice from RTs. BaronessCox has introduced the Arbitration and Mediation (Equality) Services Bill (HL) 2014-15 that went through its first reading on 11 June 2014. The Bill addresses gender discrimination within Muslim religious tribunals and the parallel legal system.
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In: Latin American Energy Policies
This law states that the government will set policy related to nuclear material and will exercise the functions of research and development, regulation and control, with respect to nuclear materials, through the National Atomic Energy Commission and Nuclear Regulatory Authority.
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