... precise provisions for termination and prohibition of the work of CSOs, which defines the basis for protection from interference. Sanctions provided by LAF are
appropriately formulated, focusing on personal versus collective (organisational) responsibility. Limitations to prohibition and termination ...
Niklas Luhmann`s Theory of Politics and Law
... people, but of communications. For readers who already carry in their heads
a concept of society derived from the traditions of ‘classical sociology’, from
political theory, jurisprudence or socio-legal theories, the conceptual leap
into Luhmann’s world may be particularly difﬁcult, for it means aba ...
anti-corruption education at school
... 4. mutually beneﬁcial exchange between a decision-maker and a person or persons seeking this decision;
5. violated decision-making norms, damage caused to society [Van Duyne,
THE RULES FOR INCORPORATION OF CHARTERPARTY
... After a long line of judicial decisions given in this vein, it is now clear that for the
charterparty clauses to be incorporated, both the bill of lading and the charterparty need to
overcome a set of hurdles, which are popularly known as “the rules of incorporation”. It is
equally clear that while ...
Historical Origins of International Criminal Law
... This is the second volume in the trilogy Historical Origins of
International Criminal Law: Volumes 1–3 (‘HOICL’). It picks up where
the first volume ended and focuses on Second World War trials that have
received less attention. These trials are an important subject for further
study due to the larg ...
Discussion paper on moveable transactions (DP 151)
... right, Y does not acquire it: nemo plus juris ad alium transferre potest quam ipse haberet.
But if X thereafter acquires the right, then that right passes instantly and automatically to Y.
This is called accretion of title.
After-acquired property/assets. In general, security rights can affect only ...
hla hart`s lost essay: discretion and the legal process school
... idea that law is sometimes indeterminate, but pushed beyond realism,
searching for a theory of how legal indeterminacy could be consistent
with the rule of law. For process theorists, discretion and the rule of
law could coexist symbiotically if responsible judges decided cases rationally, observing ...
... This study is intended to assist the Special Representative of the UN SecretaryGeneral on Business and Human Rights (“SRSG”) as he works to operationalize the
UN “Protect, Respect and Remedy” Framework, and particularly as he develops
guidance on the state duty to protect against corporate-related a ...
Article - The Yale Law Journal
... the interests of absent class members and to balance those interests, often
without any meaningful legal guidance.
Litigation is changing so rapidly that even new models of judging
designed to update traditional ones have quickly become outdated. In an
influential article in the 1970s, Abram Chayes ...
thesis - Munin
... 1.1 The subject
The ocean floor beyond national jurisdiction covers more than half of the world’s surface.
This vast area is less known one. 1 Lack of knowledge gave rise to myths about this
ecosystem. It had been believed that it is cold, dark, hostile and biologically barren place
without any life ...
this PDF file - Canadian Center of Science and Education
... There have also been cases where an assault or battery was held not to have occurred - such as in the case
of surgery since it was therapeutic (that is, designed not to cause an injury, but to heal one). Further, in
practice, minor (de minimis) assaults and batteries have not been subject to crimina ...
How Legal Inefficacy Strengthened the Athenian Democracy
... The vast majority of public officials at Athens were selected by lottery for one-year terms and
worked collaboratively on executive boards, not individually; similarly, the most significant
court cases were decided by juries consisting of hundreds of Athenians, selected at random from
a pool of 6,00 ...
review of trust law in new zealand: introductory
... The Law Commission asks for any submissions or comments on this introductory Issues Paper
on the review of the Law of Trusts. The submission can be set out in any format but it is helpful
to specify the number of the question you are discussing.
There are some questions in chapters 3 and 4 of the pa ...
... 1. States have an obligation to adopt the necessary legislation related to crimes under
international law ............................................................................................................................. 150
A. Legislative action in the development of criminal law... ...
this PDF file - Canadian Center of Science and Education
... If a man however does an act, the probable consequence of which may be, and eventually is, death, such killing
may be murder; although no stroke be struck by himself, and no killing may have been primarily intended…904
(b) Murder - Provocation
Russell’s text was not well set out. Thus, unhelpfully, ...
seeking justice in transitional societies: an analysis of the problems
... Despite the establishment of constitutional democracy, however, the
path to justice is strewn with social, cultural and institutional problems
that make it exceedingly difficult, if not impossible, for citizens to realize
the promises of justice contained in their country’s constitution. More
Great Powers and Outlaw States: Unequal Sovereigns in - E
... I describe this tendency as anti-pluralism: the practice of making legal distinctions between states on the basis of external behaviour or
internal characteristics.8 This book is also, then, about outlaw states in
the international legal order. It describes their encasement in the legal
order and se ...
Rank Strangers to Me: Shaffer and Cochran`s Friendship Model of
... and the lawyer as guru (representing the client for rectitude). 9 These
approaches all fail, they conclude after analyzing each narrative, because
good moral counseling always has as its central issue the type of person the
client is becoming in the representation. This they find only in the lawyer
Serbia Report 2016 - European Commission
... The legal and institutional framework for the respect of fundamental rights is in place.
Consistent implementation across the country needs to be ensured, including as regards
protection of minorities. No progress was made to improve conditions for the full exercise of
freedom of expression, where S ...
A/5509 - Office of Legal Affairs
... more on a belief that States would not accept any other
rule than on legal principles.
(4) A second group of writers,9 while basing themselves on the incorporation of constitutional limitations
into international law, recognize that some qualification
of that doctrine is essential if it is not to un ...
Quality of Decision-Making in Public Law
... laid down in the Dutch Algemene wet bestuursrecht (General Administrative Law
In most cases conformity with the applicable law means that the requirement of lawfulness must be met: the primary decision-making process must
take place lawfully, according to the legal standards which exist for ju ...
muslim family law in sub-saharan africa - UvA-DARE
... All rights reserved. Without limiting the rights under copyright reserved above, no part of this book may be reproduced,
stored in or introduced into a retrieval system, or transmitted,
in any form or by any means (electronic, mechanical, photocopying, recording or otherwise) without the written per ...
Order without Law: How Neighbors Settle Disputes
... Coase himself was fully aware that obtaining information, negotiating
agreements, and litigating disputes are all potentially costly, and thus that
his Farmer-Rancher Parable might not accurately portray how rural landowners would respond to a change in trespass law. s Some law-and-economics scholar ...
OBLIGATION TO OBEY THE LAW: A STUDY OF THE DEATH OF
... authorities had spoken and that he must obey their command. He may have been falsely accused, and
the 280 jurors who voted to convict him may have been acting wrongly; nevertheless, the Athenian legal
system was the backbone of the Athenian state and it had to be respected. Socrates believed that he ...
State - Office of Legal Affairs
... be acts of the State generating responsibility, and not
simply to determine whether responsibility was generated.
7. Thirdly, we must also point out that the greatest
caution is called for before invoking in support of any
theory "precedents" where the conduct of organs which
have acted outside thei ...
Traditional Chinese law
Traditional Chinese law refers to the laws, regulations and rules used in China up to 1911, when the last imperial dynasty fell. It has undergone continuous development since at least the 11th century BC. This legal tradition is distinct from the common law and civil law traditions of the West – as well as Islamic law and classical Hindu law – and to a great extent, is contrary to the concepts of contemporary Chinese law. It incorporates elements of both Legalist and Confucian traditions of social order and governance. To Westerners, perhaps the most striking feature of the traditional Chinese criminal procedure is that it was an inquisitorial system where the judge conducts a public investigation of a crime, rather than an adversarial system where the judge decides between attorneys representing the prosecution and defense. ""The Chinese traditionally despised the role of advocate and saw such people as parasites who attempted to profit from the difficulties of others. The magistrate saw himself as someone seeking the truth, not a partisan for either side.""Two traditional Chinese terms approximate ""law"" in the modern sense. The first, lü (律), means primarily ""norm"" or ""model"". The second, fa (法), is usually rendered as ""statute"".