the concept of international law began

Tài liệu Imperialism, Sovereignty and the Making of International Law docx

Tài liệu Imperialism, Sovereignty and the Making of International Law docx

... FBA 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, ... to the history of international law, illuminating the imperial character of the discipline and its enduring significance for peoples of the Third World. antony anghie is Professor of Law at the ... sovereign rather than the Pope. Vitoria further undermines the position of the Church by refuting another justification for Spanish conquest of the Indies: the argument that the Emperor is lord of the...

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The Politics of International Law doc

The Politics of International Law doc

... 213. 9 The politics of international law international law. The end of the Cold War, and the attendant talk of a ‘new world order’, the triumph of liberalism, and the regulatory im- peratives of ... divided the United States from the large majority of other states that voted to adopt the Rome Statute of the Court, in partic- ular the role of the Security Council, the powers of the prosecutor, the questions ... that leave them ill-equipped to comprehend issues as funda- mental as the expanding corpus of international law, the obligatory force of that law, the way in which the weak can employ the law as...

Ngày tải lên: 07/03/2014, 11:20

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THE ‘WAR ON TERROR’ AND THE FRAMEWORK OF INTERNATIONAL LAW doc

THE ‘WAR ON TERROR’ AND THE FRAMEWORK OF INTERNATIONAL LAW doc

... January 1976 ICJ International Court of Justice ICJ Reports Reports of the International Court of Justice ICLQ International and Comparative Law Quarterly ICRC International Committee of the Red Cross ICRC ... Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field: Commentary (ICRC, Geneva, 1952) table ofconventions xlvii 1993 Convention on the Prohibition of the ... 95/46/EC (Directive 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 xxxiv table ofconventions Art. 25 6,...

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THE PHILOSOPHY OF INTERNATIONAL LAW potx

THE PHILOSOPHY OF INTERNATIONAL LAW potx

... of law such as criminal law, contract law, and the law of torts, or spe- cific types of law, such as municipal state law, judge-made law, and customary law. 2 The philosophy of international law ... of customary law. In the context of the discussion of the processes of international law- making and hence of the sources or identification of its norms, the question of the kind of norms created 27 See ... THE PHILOSOPHY OF INTERNATIONAL LAW SECTION I HISTORY OF THE PHILOSOPHY OF INTERNATIONAL LAW 1 State of Nature versus Commercial Sociability as the Basis of International Law: Reflections on the...

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The Mystification of Common-Law Reasoning

The Mystification of Common-Law Reasoning

... of analogical reasoning, the court compares the relative strength of two sets of facts – the facts of the precedent case and the facts of a new case now under consideration. If the facts of the ... that the ratio sets out the factors that ground the reason(s) in favor of the result: the later court must determine the strength of the reason in favor of the result in the precedent on the basis ... precedents can be seen as the reverse of expansion of precedents on the basis of similarity: here, the court limits the effect of precedents on the basis of dissimilarity. The process of distinguishing precedents...

Ngày tải lên: 01/11/2013, 08:20

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The return of universalist law - human rights and free trade

The return of universalist law - human rights and free trade

... feature of the 1994 reference to the aim of ‘optimal use of the world’s resources’ as opposed to the 1947 objective for the use of the ‘full resources of the world’. References to human rights and the ... models of law and norms are characteristic of what people often mean when they use the word ‘globalisation’. 251 The return of universalist law 172 See Rajagopal, International Law, ch. 4, on the ... historic importance of the ending of the division of the European continent and the need to create firm bases for the construction of the future Europe 50 The passionate sources of personal moral...

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Tài liệu ASSESSING THE BENEFITS OF INTERNATIONAL PORTFOLIO DIVERSIFICATION IN BONDS AND STOCKS ppt

Tài liệu ASSESSING THE BENEFITS OF INTERNATIONAL PORTFOLIO DIVERSIFICATION IN BONDS AND STOCKS ppt

... pairs The results refer to the estimation of system (14) by one stage GMM estimation with the optimal weighting matrix being the unity matrix. The estimated coefficients of the system of equations ... the domestic country and the US for bonds. Standard errors are reported in parenthesis. J-Stat denotes the p-value of the J- statistic to test the null hypothesis that the overidentifying restrictions ... The US SDF and estimated expected excess returns The results refer to the estimation of system (16) by one stage GMM estimation with the optimal weighting matrix being the unity matrix. The...

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Tài liệu Regulatory Rights Supreme Court Activism, the Public Interest, and the Making of Constitutional Law doc

Tài liệu Regulatory Rights Supreme Court Activism, the Public Interest, and the Making of Constitutional Law doc

... of law rather than “due process.” The terms in the constitutional text are not critical. The fact is,” Justice Scalia explained, “regardless of the terminology used, the precise content of ... celebrates the adoption of the document as the nation’s defi ning act, allows that “[m]uch of the First Amendment . . . simply textualized the Federalist party line.” 35 There is also evidence that the ... thought the various elements of the document fi t together in some way, but the men who voted it into law only bought the compilation, whatever its contents. It also may be, then, that the only...

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Tài liệu Regulating Deviance: The Redirection of Criminalisation and the Futures of Criminal Law pptx

Tài liệu Regulating Deviance: The Redirection of Criminalisation and the Futures of Criminal Law pptx

... the civil, the political and the social spheres. I will argue that the key to the development of the post-war criminal law was the fusion of these three forms of citizenship in the period of ... 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 ... took place at the International Institute for the Sociology of Law in Onati, Spain in June 2007. The main aim of the workshop was to gather together experts in the fields of criminal law and procedure,...

Ngày tải lên: 18/02/2014, 12:20

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Tài liệu Spanish Yearbook of International Law doc

Tài liệu Spanish Yearbook of International Law doc

... Spaniards. 33 The definitive version of Art. 23 of the LOPJ is the result of amendment 390 tabled by the Socialist Group in the Senate with the aim of avoiding the referral that Article 35 of the draft ... for the sup- pression of unlawful acts against the safety of maritime navigation (Art. 6.4 – BOE of 24.4.92) and its protocol of the same year for the suppression of unlawful acts against the safety ... father or mother who were also born abroad, when the laws of their country of residence attribute to them the citizenship of that country, shall lose Spanish nationality if they do not state their...

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Bonds or Loans? On the Choice of International Debt Instrument by Emerging Market Borrowers pdf

Bonds or Loans? On the Choice of International Debt Instrument by Emerging Market Borrowers pdf

... R,islower; — the probability of success of the risky project, π,ishigher; — the efficiency of monitoring, P, is higher and the cost of monitoring, C,islower; — the cost of default, D, and the cost of loan ... numer- ically. The second and third terms represent the sum of the the marginal pdf and the conditional cdf. Efficiency can be further improved if we take into account the panel structure of the data ... J T is the T ×T matrix of ones, the AR(1) coefficient |ρ| < 1 and the variance of the random effect 0 ≤ σ 2 a < 1. 38 This parameterization allows for random effects and the AR(1) structure of the...

Ngày tải lên: 15/03/2014, 07:20

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The Framework of INTOSAI Government Auditing Standards: In the Stream of International Convergence pdf

The Framework of INTOSAI Government Auditing Standards: In the Stream of International Convergence pdf

... evaluate the state of achievement of policy goals of the government sector only on the basis of financial data, the member SAIs must check whether the policies have led to the achievement of their ... convergence of such standards, and reviews past activities. (The views expressed in this paper are the personal views of the author and do not reflect the official view of the Board of Audit of Japan.) ... Code of Ethics, because the SAI’s independence from the audited entities, the transparency of the SAI’s organization and management, and the ethical views of the staff of the SAI addressed by those...

Ngày tải lên: 15/03/2014, 20:20

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The Province of Administrative Law pot

The Province of Administrative Law pot

... practical advantages of the common law accept- ing the significance of the "State" are then explored. The pervasive influence of European law and institutions on the law of the United Kingdom ... between the Law Foundation of Saskatchewan and the University of Saskatchewan, and supports the appoint- ment of a Visiting Professor at the College of Law. I am most grateful to the Law Foundation ... and Professor of Law at the University of Toronto. H. Wade MacLauchlan is Professor of Law at the University of New Brunswick. Janet McLean is Senior Lecturer in Law at The University of Auckland. David...

Ngày tải lên: 16/03/2014, 00:20

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FINNISH YEARBOOK OF INTERNATIONAL LAW pdf

FINNISH YEARBOOK OF INTERNATIONAL LAW pdf

... Kennedy, The Disciplines of International Law , 12 Leiden Journal of International Law (1999) 9, at 18. 19 Cf. Anthony Carty, The Decay of International Law? A Reappraisal of the Limits of Legal ... The International Responsibility of States for Breach of Multilateral Obligations’, 10 European Journal of International Law (1999) 353. 78 Report of the International Law Commission on the ... snare of the debate are by no means quite as recent. The idea of a fragmenting international law brings into question issues such as the systemic character of international law, the lack of hierarchy,...

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