... FBAWhewell Professor ofInternational Law, Faculty of Law, andDirector, Lauterpacht Research Centre for International Law, University of CambridgeJohn S. Bell FBAProfessor of Law, Faculty of Law, ... to the history of international law, illuminating the imperial character ofthe disciplineand its enduring significance for peoples ofthe Third World.antony anghie is Professor ofLaw at the ... sovereign ratherthan the Pope.Vitoria further undermines the position ofthe Church by refutinganother justification for Spanish conquest ofthe Indies: the argumentthat the Emperor is lord of the...
... 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 regulatory im-peratives of ... divided the United States from the large majority of other states that voted to adopt the Rome Statute ofthe Court, in partic-ular the role ofthe Security Council, the powers ofthe prosecutor, the questions ... that 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...
... January 1976ICJ International Court of JusticeICJ Reports Reports oftheInternational Court of JusticeICLQ International and Comparative Law QuarterlyICRC International Committee ofthe RedCrossICRC ... Conventionfor the Amelioration ofthe Condition of the Wounded and Sick in ArmedForces in the Field: Commentary(ICRC, Geneva, 1952)table ofconventions xlvii1993Convention on the Prohibition ofthe ... 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 onxxxiv table ofconventionsArt. 25 6,...
... 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 ofinternationallaw ... of customary law. In the context of the discussion ofthe processes ofinternational law- making and hence of the sources or identification of its norms, the question ofthe kind of norms created27See ... THE PHILOSOPHY OF INTERNATIONAL LAW SECTION I HISTORY OFTHE PHILOSOPHY OF INTERNATIONAL LAW 1 State of Nature versus Commercial Sociability as the Basis of International Law: Reflections on the...
... of analogical reasoning, the court compares the relativestrength of two sets of facts – the facts ofthe precedent case and the facts of a new case now under consideration. If the facts ofthe ... that the ratio sets out the factors that ground the reason(s) in favor ofthe result: the later court must determine the strength ofthe reasonin favor ofthe 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 distinguishingprecedents...
... feature of the 1994 reference to the aim of ‘optimal use ofthe world’s resources’ asopposed to the 1947 objective for the use ofthe ‘full resources ofthe world’.References to human rights and the ... models oflaw and norms are characteristic of what people often meanwhen they use the word ‘globalisation’.251 The return of universalist law 172See Rajagopal, International Law, ch. 4, on the ... 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...
... 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 ofthe system of equations ... 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 ... 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...
... of law rather than “due process.” The terms in the constitutional text are not critical. The fact is,” Justice Scalia explained, “regardless ofthe terminology used, the precise content of ... celebrates the adoption ofthe document as the nation’s defi ning act, allows that “[m]uch ofthe First Amendment . . . simply textualized the Federalist party line.”35There is also evidence that the ... thought the various elements ofthe 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...
... the civil, the political and the social spheres. I will argue that the key to the development ofthe post-war criminal law was the fusion of these three forms of citizenship in the period of ... that these are dialectically connected aspects ofthe same thing: the modern form of law. I will now outline these two aspects of modern individualist law and then contextualise the idea ofthe ... took place at theInternational Institute for the Sociology ofLaw in Onati, Spain in June 2007. The main aim ofthe workshop was to gather together experts in the fields of criminal law and procedure,...
... Spaniards.33 The definitive version of Art. 23 ofthe 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 ofthe 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 ifthey do not state their...
... R,islower;— the probability of success ofthe 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 ofthethe marginal pdf and the conditionalcdf.Efficiency can be further improved if we take into account the panel structure ofthe data ... JTis the T ×T matrix of ones, the AR(1) coefficient |ρ| < 1 and the variance ofthe randomeffect 0 ≤ σ2a< 1.38This parameterization allows for random effects and the AR(1) structure of the...
... evaluate the state of achievement of policy goals ofthe 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 ofthe 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 ofthe SAI’s organization and management, and the ethical views ofthe staff ofthe SAI addressed by those...
... practical advantages ofthe common law accept-ing the significance ofthe "State" are then explored. The pervasive influence of European law and institutions on thelawof the United Kingdom ... between theLaw 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 ofLaw at the University of NewBrunswick.Janet McLean is Senior Lecturer in Law at The University of Auckland.David...
... Kennedy, The Disciplines ofInternationalLaw , 12 Leiden Journal ofInternationalLaw (1999) 9, at 18.19 Cf. Anthony Carty, The Decay ofInternational Law? A Reappraisal ofthe Limits of Legal ... TheInternational Responsibility of States for Breach of Multilateral Obligations’, 10 European Journal ofInternationalLaw (1999) 353. 78Report oftheInternationalLaw Commission on the ... snare ofthe debate are by no means quite as recent. The idea of a fragmenting internationallaw brings into question issues such as the systemic character ofinternational law, the lack of hierarchy,...