... real the jurisdiction whichthePope possessed in theory.12Pope Alexander VI’s Papal Bull, whichdivided the world into Spanish and Portuguese spheres, exemplified the application of this set of ... diminishes the power ofthe Pope, forthese secular systems oflaw are administered by the sovereign ratherthan the Pope.Vitoria further undermines the position ofthe Church by refutinganother ... questions of ownership and property in the sphere of natural or human law, rather than divine law. As a con-sequence ofthe inapplicability of divine law to questions of ownership, the Indians...
... leave them ill-equipped to comprehend issues as funda-mental as the expanding corpus ofinternational law, the obligatory force of that law, the way in which the weak can employ thelaw as a powerresource, ... of law as process’,15Wheeler shows the limits ofthelaw as rules’ approachand the value ofthe proposition that communicative dynamics shape the possibilities of politics. Although the ... chapter 8, this volume, p. 213.9 The politics ofinternationallaw international law. The end ofthe Cold War, and the attendant talk of a ‘new world order’, the triumph of liberalism, and the...
... IHL applies 2186A.1.1 Armed conflict: international or non -international 2186A.1.2 Temporal scope of IHL 2226A.1.3 Territorial scope of IHL 2236A.2 Applicable law 2236A.3 Specific aspects of ... 4261995EC Data Protection Directive 95/46/EC (Directive 95/46/EC of the European Parliament and ofthe Council on the protection of individuals with regard to the processing of personal data and ... January 1976ICJ International Court of JusticeICJ Reports Reports oftheInternational Court of JusticeICLQ International and Comparative Law QuarterlyICRC International Committee ofthe RedCrossICRC...
... & john tasioulasprovinces oflaw such as criminal law, contract law, and thelawof torts, or spe-cific types of law, such as municipal state law, judge-made law, and customary law. 2 The philosophy ... States.Liam Murphy is Vice Dean and Herbert Peterfreund Professor ofLaw and Professor of Philosophy, New York University, United States.James Nickel is Professor of Philosophy and Law, University of Miami, ... an international legal norm. Those twoconceptual questions about the identity and the identification ofinternational law are at the core of one type of deep scepticism about a philosophy of international law. ...
... real the jurisdiction whichthePope possessed in theory.12Pope Alexander VI’s Papal Bull, whichdivided the world into Spanish and Portuguese spheres, exemplified the application of this set of ... some ofthe themes and concepts evident in his work to studysubsequent periods.Chapter 2 deals with the late nineteenth century, the apogee of colonial expansion. Theinternational lawyers ofthe ... the guise of a ‘sacred trust of civilization’, Western powers (and Japan) under nominal international tutelage applied theconceptofthe sacred trust to effect the reality of exploitation. The...
... maximize their own preferences,rather than those ofthe citizenry. Often the preferences of these public of- ficials are assumed to be political support, either in the form of votes or in the form of ... anexpression ofthe increasing value to the legislating state of its application.As property of this type becomes more valuable, given that it is other-wise subject to appropriation, we would expect the ... might be appropriate to engagein normative public policy on the basis ofthe model itself. This type of usewould depend on the degree of validation and the extent to which the fac-tual parameters...
... least somepast mistakes.Another part ofthe allure of legal principles is the promise of a body of law shaped by internal coherence.69Legal principles maintain con-sistency among past, present, ... ratio of a precedent case – the proposition supporting its outcome – asa sufficient reason for the outcome in the factual context ofthe precedentcase.40Then,ifthefactsentailedbytheratio ofthe ... have “weight” when they come in conflict with otherlegal principles. The outcome of any given case depends on the balance of applicable principles.64For example, the legal principle in Roscoe’scase...
... 1919 the League of Nations was created. The main purposes ofthe League found in its covenantwere the prevention of war, the organisation of peace, the discharge of specialduties arising from the ... pooling their resources to preserve and strengthen peace andliberty, and calling upon the other peoples of Europe who share their ideal to joinin their efforts49 Recalling the historic importance ... historic importance ofthe ending ofthe division of the European continent and the need to create firm bases for the construction of the future Europe50 The passionate sources of personal moral allegiance...
... refl ect those ofthe European Central Bank. The statement of purpose for the ECB Working Paper Series is available from the ECB website, http://www.ecb.europa.eu/pub/scientifi c/wps/date/html/index.en.htmlISSN ... whether printed or produced electronically, in whole or in part, is permitted only with the explicit written authorisation ofthe ECB or the author(s). The views expressed in this paper do ... the domestic country and the US for bonds. Standard errors are reported in parenthesis. J-Stat denotes the p- value ofthe J-statistic to test the null hypothesis that the overidentifying restrictions...
... Maine,134 where there was an apparently applicable piece of text (the hapless Elev-enth Amendment), but the justices explicitly set it aside in favor of a structural analysis they preferred. As ... Rakove explains that the idea was es-sentially to bypass both Congress and state legislatures in order to put the new Constitution to the comparative “popular sovereignty” ofthe people themselves.58 ... that the text ofthe enacted statute captures it. Then the court should give effect to the literal statutory language out of respect for the bargained-for policy it is assumed to represent. The...