Search Results

101 - 110 of 216 items :

  • European Union x
Clear All
Comparativism and the New Hungarian Fundamental Law – Taking Raz Seriously

, Köblös, Adél, Strihó, Krisztina, Sulyok, Márton, Szalai, Anikó, Trócsányi, László (ed). Dikaiosz logosz – Tanulmányok Kovács István emlékére . Szeged: Pólay Elemér Alapítvány, 2012, pp. 17–26. Choudhry, Sujit. Globalization in Search of Justification: Toward a Theory of Comparative Constitutional Interpretation. Indiana Law Journal, 1999, vol. 74, p. 819–892. Christiansen, Thomas, Reh, Christine. Constitutionalizing the European Union . China: Palgrave Macmillan, 2009, p. 42. Chronowski, Nóra. Az alkotmánybíráskodás sarkalatos átalakítása. MTA

Open access
Solving Child Statelessness: Disclosure, Reporting, and Corporate Responsibility

approach to that for conflict minerals. Part II of this article initially provides an overview of citizenship and statelessness. Further, it explores the plight of stateless children, contending that public law initiatives alone to date have been unsuccessful in their attempt to address this problem. Thereafter, the article sets out the background to the sourcing and usage of conflict minerals from the DRC and considers legal responses to this situation by (1) Congress in the form of Section 1502 of the Dodd-Frank Act; (2) the United Kingdom and the European Union; (3

Open access
Fascism-lite in America (or The Social Ideal of Donald Trump)

media, summarized in Ewan McGaughey, Could Brexit Be Void? King’s L. J. (forthcoming 2019). Russian coal and oil are $183bn of its total $316bn in exports, See Observatory of Economic Complexity: . near 60 per cent of its export economy. So, Russia is backing political movements that deny climate damage. It will do anything to stall a zero-carbon future. For Russia’s kleptocrats, breaking American democracy and the European Union are questions, not just of business sense, but economic survival, because every lump of

Open access
The Use of Torture in the Fight against Terrorism

-Terrorism Provision in the New Air-Transport Security Act. German Law Journal, vol. 7, no. 9, p. 773. LIPPMAN, Matthew. The Development and Drafting of the United Nations Convention Against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment. Boston College International and Comparative Law Review, 1994, vol. 17, pp. 314–315. MACMASTER, Neil. Torture: From Algiers to Abu Ghraib. Race and Class, 2004, vol. 46(2), p. 12. McCRUDDEN, Christopher. Human Dignity and Judicial Interpretation of Human Rights. European Journal of International Law

Open access
The Trans-Pacific Partnership

, for example, violations of due process or of domestic law, rather than only egregious or outrageous conduct. See e.g ., Clayton & Bilcon of Delaware, Inc. v. Canada, Award on Jurisdiction and Liability, ¶¶ 438-44 (Perm. Ct. Arb. Case No. 2009-04, Mar. 17, 2015). Cf Clayton & Bilcon of Delaware, Inc. v. Canada, (dissenting opinion of Professor Donald McRae) (Perm. Ct. Arb. Case No. 2009-04, Mar. 10, 2015). In contrast, the Comprehensive Economic and Trade Agreement between Canada and the European Union (CETA) Consolidated Comprehensive Economic and Trade Agreement

Open access
The Brave New (American) World of International Investment Law: Substantive Investment Protection Standards in Mega-Regionals

TTIP stems from the proposal made by the EU. See Proposal of the European Union for Investment Protection and Resolution of Investment Disputes, Nov. 12, 2015, available at [hereinafter EU TTIP Proposal]. and the Regional Comprehensive Economic Partnership (RCEP), RCEP is negotiated among 16 countries: the 10 Members of ASEAN and six countries with which ASEAN has existing free trade agreements (FTAs), that is, Australia, China, India, Japan, Korea, and New Zealand. See Amokura Kawharu

Open access
Sanctuary Cities: A Study in Modern Nullification?

Introduction What did South Carolinian John C. Calhoun (1782-1850) and San Francisco mayor Ed Lee (1952-2017) have in common? Both, apparently, adhered to the “discredited” Christian G. Fritz, Interposition: An Overlooked Tool of American Constitutionalism, in Union & States’ Rights: A History and Interpretation of Interposition, Nullification, and Secession 150 Years After Sumter (henceforth Union & States’ Rights) 165, 165 (Neil H. Cogan, ed. 2014). doctrine of nullification. As United States President Donald Trump has initiated his promised

Open access
The Harvard Law Review and the Iroquois Influence Thesis

]he governments that arrived in North America searched for the particular forms of law and government with which they were familiar and, finding them lacking, sought to impose civilization and order (of their own style) upon tribes.”) (footnotes omitted); id . at 1710 (“European and American distrust of, or disinterest [ sic ] in, Indian tribal affairs led them to apply their laws and philosophies to the exclusion of Indians’ own views in those areas.”) (footnote omitted). and we continue to resist today. Fair enough (perhaps), but the influence thesis doesn’t support those

Open access
A Historical Perspective on Administrative Jurisdiction in Latin America: Continental European Tradition versus U.S. Influence

henceforth be done to the contrary, it shall be void in the law, and holden for error. O BSERVANCE OF D UE P ROCESS OF L AW (1368). C Right to a Fair Trial on the International Scene: Declaration of the Rights of Man and of the Citizen of 1789 (Déclaration Des Droits De L’homme Et Du Citoyen), Universal Declaration of Human Rights of 1948, European Human Rights Convention of 1950, International Covenant On Political and Civil Rights of 1966, African Charter on Human and Peoples’ Rights of 1981, Charter of Fundamental Rights of the European Union of 2000

Open access
Eliminating the secondary earner bias. Policy lessons from the introduction of partial individual taxation in Sweden in 1971

issue was discussed ( MTEESS 2016 ). In this paper, we will study the different elements included in the Swedish partial individual taxation reform in 1971 to identify the policy lessons this reform has for contemporary tax policy in the European Union member states. We will argue that one of the most important policy lessons from the Swedish experience is that a shift to individual taxation cannot be limited to technical changes in the tax system. It also needs to be elaborated within a family and social policy context that recognizes the correlation between women

Open access