Suchergebnisse

"National Security Law is about the law governing the Canadian state's response to serious crises -- that is, events that jeopardize its "national security." The book approaches national security law as a system, and organizes its discussion of law around five themes: structure (the mandate and roles of national security agencies); threats (aggression, terrorism, interference, proliferation, and emergencies); information (domestic and international intelligence collection, sharing, and information secrecy); response (including security screening and assessment, aviation "no fly" listings, passport revocation, immigration detention and removals, peace bonds, preventive detention, threat reduction, defensive and offensive cyber, criminal prosecutions, and use of force); and accountability (national security review). Given the evolution of Canadian law in these areas, this second edition is a comprehensive rewrite of the first edition, first published in 2007."

"A bold shot across the bow of orthodoxy where conceptions of world order are concerned, Original Nation Approaches to Inter-National Law is sure to stimulate reconsideration of a range of past assumptions regarding the legitimacy and even the viability of the prevailing statist system of global dominion. In offering clear alternatives, this book is not only timely but urgently needed." —Ward Churchill, author of Struggle for the Land (1993), On the Justice of Roosting Chickens (2003), and Kill the Indian, Save the Man (2004) "A powerful manifesto for a true 'Inter-National' law against the hegemonic 'international' system of states and a resounding reminder that human emancipation cannot be separated from ecological justice." —Chulwoo Lee, Professor of Law, Yonsei Law School, Korea This book introduces the Original Nation scholarship to examine the historical genealogy of the nation's struggles against the state. A fundamentally different portrait of history, geography, politics, and the role of law emerges when the perspective of the nation and peoples is placed at the center of geopolitical analysis of global affairs. In contrast to traditional and canonical state-centric narratives, the Original Nation scholarship offers a diametrically distinct "on-the-ground" and "bottom-up" portrait of the struggle, resistance, and defiance of the nation and peoples. It exposes persistent global patterns of genocide, ecocide, and ethnocide that have resulted from attempts by the state to occupy, suppress, exploit, and destroy the nation. The Original Nation scholarship offers a powerful and widely applicable intellectual tool to examine the history of resilience, emancipatory struggles, and collective efforts to build a vibrant alternative world among the nation and peoples across the globe. Hiroshi Fukurai is Professor of Legal Studies and Sociology at the University of California, Santa Cruz, USA, and is the Immediate-Past President of the Asian Law and Society Association (ALSA). Richard Krooth is a practicing attorney and Research Associate at the University of California, Santa Cruz, USA.

This book examines the law, national and/or international, that arbitral tribunals apply on the merits to settle disputes between foreign investors and host states. In light of the freedom that the disputing parties and the arbitrators have when designating the applicable law, and because of the hybrid nature of legal relationship between investors and states, there is significant interplay between the national and the international legal order in investor-state arbitration. The book contains a comprehensive analysis of the relevant jurisprudence, legal instruments, and scholarship surrounding arbitral practice with respect to the application of national law and international law. It investigates the awards in which tribunals referred to consistency between the legal orders, and suggests alternatives to the traditional doctrines of monism and dualism to explain the relationship between the national and the international legal order. The book also addresses the territorialized or internationalized nature of the tribunals; relevant choice-of-law rules and methodologies; and the scope of the arbitration agreement, including the possibility of host states presenting counterclaims in investment treaty arbitration. Ultimately, it argues that in investor–state arbitration, national and international law do not only coexist but may be applied simultaneously; they are also interdependent, each complementing and informing the other both indirectly and directly for a larger common good: enforcement of rights and obligations regardless of their national or international origin.

Intro -- 00_Prelims_NCLT - 2021 -- 01A. Concise Referencer_Opener -- 02. Powers of NCLT at a Glance -- 03. Notified Section of IBC -- 04. Case Digest under Companies Act -- 05. Case Digest List of Important Judgments under IBC v1 -- Chap_1_Introduction_VERSION 7 -- Chap_2_Constitution of NCLT and NCLAT_version 7 -- Chap_3_Transition to NCLT_version 7 -- Chap_4_General Powers of NCLT and NCLAT_version 7 -- Chap_5_De-registration, Striking off of Companies and Director Disqualification_version 7 -- Chap_6_Variation of Shareholders' Rights_version 7 -- Chap_7_Transfer and Transmission of Securities_version 7 -- Chap_8_Reduction of Capital_version 7 -- Chap_9_Deposits - version 7 -- Chap_10_Tribunal Convened General Meetings -- Chap_11_Reopening of Accounts and Revision of Financial Statements_version 7 -- Chap_12 Tribunal directed investigations_version 7 -- Chap_13 Compromises and Arrangements_CASE MARKING PENDING -- Chap_14 Oppression and Mismanagement_version 7 -- Chap_15 Class Actions_version 7 -- Chap_16 Revival and Rehabilitation of Sick Companies -- Chap_17 Winding up final_version 7 -- Chap_18_Compounding of Offence_version 7 _3 -- Chap_19_Miscellaneous Powers of Tribunal_version 7 -- Chap_20 Powers of Tribunal under other Acts -- Chap_21_Appeals, Reviews and Writs -- Chap_22 General Practice and Procedure_7 -- Chap_23 Jurisdiction and Limitation_version 7 -- Chap_24 Annexure 1 - NCLT Rules -- Chap_25 Annexure 2 - NCLAT Rules -- Chap_26 Annexure 3 - Compromise and Arrangement -- Chap_27 Annexure 4 - NCLT Proc for reduction of share capital -- Chap_28 Annexure 5 - Transfer of Pending Proceedings Rules -- Chap_29 Annexure 5.1 Removal of difficulty order -- Chap_29 Annexure 5.2 Removal of difficulty order -- Chap_30 End Bibliography -- Blank Page -- Page 1 -- Page 2.

In this ground-breaking study, taken on the initiative of U.S. Supreme Court Justice Sandra Day O'Connor, Thomas M. Franck, and Gregory H. Fox explore the use of international law decisions by national courts, providing in-depth materials for answers to such critical and practical questions as: To what extent do national judges treat the decisions of their international colleagues as binding or persuasive? Do national judges regard the outcomes of international decisions as res judicata? As evidence of law or fact? Published under the Transnational Publishers imprint