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Place and Role of Norms and Sources of International Law in the Legal System of the Russian Federation: The Doctrinal Exploration and the Legislative Development of the Constitutional Principle
Constitution Constitutional Principle Generally Recognized Principles and Norms of IL International Treaties of Russia Sources of Law Legislation Doctrine Legal Theory Research-and-Practice Commentaries
2013/1/31
The article introduces one of the aspects of the national legislation and of the Russian doctrine concerning the entire problem—implementation of generally recognized principles and norms of internati...
Place and Role of Norms and Sources of International Law in the Legal System of the Russian Federation: The Doctrinal Exploration and the Legislative Development of the Constitutional Principle
Constitution Constitutional Principle Generally Recognized Principles and Norms of IL International Treaties of Russia
2013/9/16
The article introduces one of the aspects of the national legislation and of the Russian doctrine concerning the entire problem—implementation of generally recognized principles and norms of internati...
'Intention to Create Legal Relations': A Contractual Necessity or An Illusory Concept
Contract Law Intention to Create Legal Relations Domestic Contracts Contract Law Theories Consideration
2013/9/16
'Intention to create legal relations' forms the basic ingredient of any valid contract in many jurisdictions around the world. The paper argues that such requirement is neither required nor is purpose...
Human Rights and Palestine: The Right to Self-Determination in Legal and Historical Perspective
Palestine Human Rights International Law Self-Determination
2013/9/16
The 'Question of Palestine', as it is known in the United Nations (UN), is the longest unresolved human rights problem on the world organization's agenda. It is primarily a question about the right to...
Self-regulation as a regulatory strategy:The Italian legal framework
self-regulation Parliament’s sovereignty Italy
2009/11/27
This article aims to provide an overview of the evolution of self-regulatory mechanisms in Italy.
A brief overview of the Italian system of sources of law has showed that the model of the sources ...
The European Arrest Warrant in the Italian legal systemBetween mutual recognition and mutual fear within the European area of Freedom, Security and Justice
European Arrest Warrant extradition Italy mutual recognition
2009/11/27
Italy was the last Member State to transpose the Framework Decision on the European Arrest Warrant. The Italian law entered into full force on 14 May 2005, a full sixteen months later than the appoint...
Adaptation to climate change:Legal challenges for protected areas
nature conservation adaptation climate change Birds Directive Habitats Directive Ecosystem Framework Directive
2009/11/27
Climate change will cause further loss of biodiversity. As negative effects are already taking place, adaptive measures are required to protect biodiversity from the effects of climate change. The EU ...
Guantánamo Bay: A Reflection On The Legal Status And Rights Of ‘Unlawful Enemy Combatants’
Guantanamo Bay unlawful combatant status due process enemy combatant Supreme Court Hamdi Padilla Rasul status determination procedures
2009/11/27
The United States administration’s policy of detaining ‘unlawful enemy combatants’ at the United States military base in Guantánamo Bay falls short of international and domestic law standards. The pro...
The legal framework for self-regulation in the Netherlands
self-regulation co-regulation Dutch law regulatory bodies
2009/11/27
The debate on the viability of self-regulation as a mode of regulation is split and is conducted at two different levels. The insights from sophisticated regulation theory do not transpose easily to t...
The National Security Agency (NSA) eavesdropping on Americans--A programme that is neither legal nor necessary
FISA warrantless wiretapping eavesdropping National Security Agency (NSA) presidential power
2009/11/27
On 16 December 2005, the New York Times reported that the President had authorized the National Security Agency (NSA) to spy on Americans, inside the United States, without first obtaining a warrant f...
The role of formalised and non-formalised intentions in legal parent-child relationships in Dutch law
legal parent-child relationships surrogacy sperm donation parenting intentions lesbian motherhood non-traditional families Dutch law
2009/11/27
This article aims to explore the role that the formalised and non-formalised intentions of legal and prospective parents may play in the attribution of parental status in Dutch law in cases of assiste...
Transboundary river basin management in Europe--Legal instruments to comply with European water management obligations in case of transboundary water pollution and floods
water law Water Framework Directive transboundary cooperation transboundary compensation river basin management transboundary water pollution
2009/11/27
Although modern European water policy follows a river basin approach where Member States have to cooperate in order to achieve a ‘good status’ of their water bodies, the obligations arising from the E...
Are International Merchants Stupid? - A Natural Experiment Refutes the Legal Origin Theory
Legal Origins International Arbitration Choice of Substantive Law.
2014/6/26
In economics, there is currently an important discussion on the role of "legal origins" or "legal families". Some economists claim that legal origins play a crucial role until today. Usually, they dis...