german and the hierarchy of law

... Gerard Braunthal of the University of Massachusetts, and Peter Euben of the University of California at Santa Cruz all read parts of the work and offered advice John Fairleigh of the Queen's University ... Northern Ireland and Germany for a number of reasons Northern Ireland is a likely first choice if only because the extent and duration of the terrorism that plagues it exceed the situation of ... life of the nation; the President must define and explain to Congress and the people the nature of this threat; the perception of the emergency, the judgment that the life of the nation is truly...

Ngày tải lên: 30/03/2014, 01:20

... members of the PPC were found to have confused their roles as screeners because the PPC had a tendency to focus on the circumstances of the doctor rather than on the seriousness of the 13 offence Therefore, ... their duties towards the public with their roles as representatives of an electorate and end up furthering the interests of the profession at the expense of the public interest Therefore, Dame Janet ... practice The inquiry had been held over two days but the record showed that the attendances of members of the Council were erratic and furthermore, members of the Council were walking in and out of the...

Ngày tải lên: 03/10/2015, 20:57

... overlook the essential kinship, not of the Roman and the English law, but rather of the Roman and the English lawyer’;60 and the similar constitutional development of European kingdoms61 and the common ... aware of other regimes, and they were often the subject of appeal for law (responsa) by ‘daughter’ towns ‘[O]ne of the greatest of the tribal laws’ or ‘mirrors’, premissed in the authority of Christian ... intellectualisation of German law and lawyers’40 [original italics] The universal tolerance of particularity and diversity therefore declined with the growth of prototypical German state institutions and the...

Ngày tải lên: 01/11/2013, 08:20

... Court Activism, the Public Interest, and the Making of Constitutional Law l a r ry yac k l e the university of chicago press chicago and london larry yackle is professor of law and the Basil Yanakakis ... about the text, theorists insist that the warp and woof of constitutional law is still traceable to the written document and must be, given that the document and only the document counts as the ... endorsement of the divine and hereditary right of English kings to rule, his promotion of accumulated wealth in the hands of the few, and above all his disdain for common people and for the idea of government...

Ngày tải lên: 18/02/2014, 11:20

... of the accused; the widening boundaries of the criminal law to include offences of preparation and planning; the scope and justification of offences against the person such as rape, assault and ... interpreters engaged in the rationalisation and modernisation of the criminal law On the other hand, they bear responsibility to interrogate the problems of the law, and to seek to understand its inherent ... that these are dialectically connected aspects of the same thing: the modern form of law I will now outline these two aspects of modern individualist law and then contextualise the idea of the...

Ngày tải lên: 18/02/2014, 12:20

... colonial problems The Mandate System and the construction of the non-European state Government, sovereignty and economy The mandate and the dissolution of sovereignty The legacies of the Mandate System: ... System of the League of Nations Introduction The creation of the Mandate System 115 115 119 vii 32 32 40 52 viii contents The League of Nations and the new international law The Mandate System and ... arranged and they have definite marriage and magistrates, overlords, laws and workshops, and a system of exchange, all of which call for the use of reason; they also have a kind of religion Further, they...

Ngày tải lên: 19/02/2014, 05:20

... and no weaker system of law enforcement than this; for it delivers the enforcement of the law to the vicissitudes of the distribution of power between the violator of the law and the victim of ... years, not only as a result of the end of the Cold War, the disintegration of the Soviet Union and the demise of most command economies The earlier process of decolonisation, the acquisition by non-industrialised ... at the point where a legal explanation of the obligatory character of the law becomes impossible itself The legal basis of the validity of the law is extra-legal.’ For an attempt to locate the...

Ngày tải lên: 19/02/2014, 06:20

... Accountability and the Use of Force in International Law The spread of democracy to a majority of the world’s states and the legitimization of the use of force by multilateral institutions such as NATO and ...    is professor of international law, German and comparative public law, and director of the Institute of International Law at the University of Gottingen, Germany He practices compar¨ ... president and executive director of the American Society of International Law since 1994 She was formerly on the legislative staff of the US Senate and on the faculty of the University of Virginia...

Ngày tải lên: 07/03/2014, 11:20

... 95/46/EC of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on xlviii table of conventions the free movement of such ... Law Reports International Review of the Red Cross Leiden Journal of International Law Netherlands Yearbook of International Law Organisation of American States Organisation of African Unity Of cial ... aftermath In the void where there should have been debate on which responses would serve the interests of international justice, peace, security and the rule of law, the confusion and need for...

Ngày tải lên: 16/03/2014, 13:20

... conduct of the members of the company and its of cers The of cers of a company are its directors and company secretary These rules commonly relate to matters such as the conduct of shareholder and ... Memorandum of Association The Memorandum of Association (known as the ‘articles of incorporation’ in the US) contains the following information: I Name of the company The company’s objects and ... Business law and practice Task In pairs, now try role-playing the negotiation between Travelgraph’s lawyer and Kadir Salleh’s lawyer One of you should play the role of Travelgraph’s lawyer and the other...

Ngày tải lên: 23/03/2014, 06:20

... note, the word is a cognate of ‘rationality’, and thereby connotes a distribution based upon the exercise of reason, which is carried out fairly and even-handedly.3 This is the understanding of the ... Ngwena of the University of the Free State and Marius Pieterse of the University of the Witwatersrand in South Africa Last, but certainly not least, I thank Paula for her help, support and love ... patient on the grounds of the insufficiency of evidence of the safety and relative cost-effectiveness of the drug.31 Upon reversing the decision, it sought to refute media suggestions that the absolute...

Ngày tải lên: 23/03/2014, 10:20

... colonial problems The Mandate System and the construction of the non-European state Government, sovereignty and economy The mandate and the dissolution of sovereignty The legacies of the Mandate System: ... System of the League of Nations Introduction The creation of the Mandate System 115 115 119 vii 32 32 40 52 viii contents The League of Nations and the new international law The Mandate System and ... Whewell Professor of International Law, Faculty of Law, and Director, Lauterpacht Research Centre for International Law, University of Cambridge John S Bell FBA Professor of Law, Faculty of Law, University...

Ngày tải lên: 05/08/2014, 22:20

... accepted that the law of nations comprised treaties and customs, but who argued that the overall purpose of the law of nations, derived from the law of nature,27 was that of securing and furthering ... Yearbook of International Law 506 515 at 506 See ibid Lorimer insisted on the exceptional dependence of the law of nations on the law of nature’ Lorimer, The Institutes of the Law of Nations, ... arranged and they have definite marriage and magistrates, overlords, laws and workshops, and a system of exchange, all of which call for the use of reason; they also have a kind of religion Further, they...

Ngày tải lên: 05/08/2014, 22:20

... in the appropriation of the property in, and of the sovereignty over, a part or the whole of the territory of a state, and when definitively accomplished, vests the whole rights of property and ... extended to the lower classes -and the dissolute members of the aristocracy of the imperial centre: 94 95 On these efforts and the importance attached to them, see Oppenheim, The Science of International ... basing the inquiry on the premise that the uncivilized were outside the law, and the positivist task was to define the terms and methods by which they were to be assimilated into the framework of law...

Ngày tải lên: 05/08/2014, 22:20

... in the aforesaid territories [the conventional Basin of the Congo] bind themselves to watch over the preservation of the native tribes, and to care for the improvement of the conditions of their ... respect More generally, the nineteenth century offers us an example of a far broader theme: the importance of the existence of the ‘other’ for the progress and development of the discipline itself ... as administrators of these territories on behalf of the League, and subjecting these mandatories to the League’s supervision.8 The legal structure of the Mandate System The Mandate System embodied...

Ngày tải lên: 05/08/2014, 22:20

... o n s 147 The Mandate System and the construction of the non-European state The mandates and the problem of sovereignty The primary novelty of the Mandate System for many jurists of the interwar ... sense of the final end of the Mandate System According to Article 22 of the Covenant, the primary purpose of the Mandate System was to secure the ‘well-being and development’ of the peoples of the ... supervising the operation of the system Once the basic framework of the Mandate System had been established, it was the PMC that had the task of ensuring the progress of the mandate territories and...

Ngày tải lên: 05/08/2014, 22:20

... through the enforcement of the laws but rather by defining the normal, the standard and the truth against which deviations are identified and then remedied.275 Sovereignty and native will The mandate ... diversity of mandate territories, the different responses and resistance of the mandate peoples and the intransigency of mandate powers presented this from occurring Nevertheless, the Mandate System ... ‘Sovereignty is the most treasured possession of the newly independent States On the one hand, it makes them the master of their own house, and on the other hand, it provides them with a legal...

Ngày tải lên: 05/08/2014, 22:20

... Norton, Law of the Future or Law of the Past? Modern Tribunals and the International Law of Expropriation’, (1991) 85 American Journal of International Law 474; M S Sornarajah, The Settlement of Foreign ... and development policy became the norm, and the collapse of the Berlin Wall and the end of the Cold War were taken to signal the ultimate triumph of capitalism and its decisive emergence as the ... dealings with the colonial government were regulated by the laws of that government These agreements were not, of course, the subject of international law since they fell within the scope of the domestic...

Ngày tải lên: 05/08/2014, 22:20

... goals of the mandate project to create independent societies capable of withstanding the demands of the ‘modern world’ are undermined by the system of economic relations the mandate creates The ... terms, the Mandate System was succeeded by the Trusteeship System But in terms of technologies of management, it is the IFIs, the Bank and the IMF which are the contemporary successors of the Mandate ... government must further and enhance commerce and trade in ways that protect and advance the interests, on the whole, of the West Whatever the rhetoric, as to humanism and the welfare of the non-European...

Ngày tải lên: 05/08/2014, 22:20

... whether the actions of the Security Council could be reviewed by the ICJ and whether in fact the Security Council was bound in any way by international law, and the question of the powers of the ... activities in the name of the WAT These developments suggest a dual process: the further expansion, ostensibly within the framework of the UN Charter, of the powers of the large states, and a corresponding ... complex ways: the history of slavery, the history of the relationship between the Native Americans and the European settlers, the history of America’s war of independence and the history of earlier...

Ngày tải lên: 05/08/2014, 22:20