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Laypeople in Law
This book contributes to a better understanding of the role laypeople hold in the social functioning of law. It adopts the scholarly insight that the law is unthinkable without an everyday legal understanding of the law pursued by laypeople. It engages with the assumption that not only the law’s existence but also its development is shaped by the layperson’s affirmations, oppositions, ignorance, or negations of the law. This volume thus aims to fill a void in socio-legal studies. Whereas many sociolegal theories tend to conceptualize the law through legal experts’ actions, institutions, procedures, and codifications, it argues that such a viewpoint underestimates the role of laypeople in the law’s processing and advocates for a strengthened conceptual place in socio-legal theory. This book will appeal to socio-legal scholars and sociologists (of law), as well as to legal practitioners and laypersons themselves.
Legal Position of Churches and Church Autonomy
This book includes all papers presented at the colloquium on Church and State on 28 February and 1-2 March 2001. The colloquium, focusing on the legal position of churches, the autonomy of churches in modern societies and recent tendencies in jurisprudence, was organised by the Faculty of Canon Law of the Catholic University Leuven in collaboration with the Faculty of Theology of the University of Stellenbosch. Both the conference and the book have two objectives. The fist is informing about the South African history on Church and State relationships and its current situation under the new Constitution. The second objective is to search for models leading to a new equilibrium between Church and State in South Africa. Models offered by other countries are examined as a point of reference or as a possible source of inspiration. International scholars and academics, church Ministers as well as leading politicians offer their viewpoints and enter into debate with each other.
Claims of Dual Nationals and the Development of Customary International Law
The law governing the international claims of dual nationals relates to, and is influenced by, the wider subject of the individual s standing at the international level. But while the latter had, as a result of modern trends in human rights, hugely improved as from the middle of the last century, no occasion to test its impact on such claims had arisen prior to the 1980s, when the Iran-United States Claims Tribunal - justifiably described as the most influential arbitral institution in the history of international adjudication - first became involved with the issue. The significance of the Tribunal s jurisprudence on the subject is not, however, limited to the judicial support it gives to the international rights of the individual. Having made its basic findings of law on the subject, the Tribunal has proceeded to apply them, for some twenty years, to a host of Cases of widely different characters. The result is a wealth of material - comprehensively reviewed in this book for the first time - which is likely to be of some benefit to those interested in this area of international law.
Managing Babel
This book is a comprehensive, modern study of the important field of international protection of minority rights, focusing on 20th century developments.
Sovereignty and the Limits of International Law
The inspiration for this book comes from negotiations that are taking place under the auspices of the United Nations by an intergovernmental conference for a new International Legally Binding Instrument (ILBI) under the United Nations Convention on the Law of the Sea (UNCLOS) on the conservation and sustainable use of marine biological diversity of Areas Beyond National Jurisdiction (ABNJ). The proposed ILBI is attempting to fill existing gaps under international law over marine biodiversity and Marine Genetic Resources (MGR) in ABNJ. One way it is attempting to do this is by having an Access and Benefit-Sharing (ABS) schema over these resources in ABNJ that the United Nations Convention on ...
The Project of Positivism in International Law
"This book analyses international legal positivists' desire to emulate the success of the empirical methods applied in the biological and physical sciences; their wish to work with law with the certainty that natural facts started to provide as the natural sciences method developed". -- PREFACE.
Transnational Legality
International law can be created by other means than treaties between states. This book investigates the philosophical questions posed by the treatment of international arbitration as law, such as those relating to sovereignty and territoriality, and sets out conditions which international arbitration must meet in order to form legitimate law.
Re-imagining Political Community
Understanding world politics today means acknowledging that the state is no longer the only actor in international relations. The interstate system is increasingly challenged by new transnational forces and institutions: multinational companies, cross-border coalitions of social interest groups, globally oriented media, and a growing number of international agencies. These forces increasingly influence interstate decisions and set the agenda of world politics. Though these phenomena have been discussed in the recent literature of international relations, little attention has been given to their impact on political life within and between communities. This book aims to explore the changing me...
The Security Council as Global Legislator
Security Council resolutions have undergone an important evolution over the last two decades. While continuing its traditional role of determining state-specific threats to peace and engaging accordingly in various peaceful or coercive measures, the Security Council has also adopted resolutions that have effectively imposed legal obligations on all United Nations member states. This book seeks to move away from the discussions of whether the Security Council – in the current composition and working methods – is representative, capable or productive. Rather it assesses whether legislative activity by the Security Council can be beneficial to international peace and security. The authors e...
