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- 要約等"This is a collection of international law materials relating to the Philippines: excerpts of treaties and declarations; international judicial and arbitral decisions; and Philippine constitutional clauses, statutes and Supreme Court ......ons. Today new theories abound, calling for comparati......s that look at international law through the lens of national and regional pract......road but never in Philippine courts, and how victim cla......ly, blocked by the Philippine Government citing the Filipino people's competing claims over M......retells Philippine history using international law, and re-examines international law...
- 件名International Court of Justice International and municipal law--Philippines International law--Philippines Conflict of laws--Philippines Human rights--Philippines International law and human rights--Philippines Military bas......erican--Philippines International criminal law--Philippines
- 関連情報Brill's Asian law series
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- 要約等"This collection examines topical issues related to the impact of courts on constitutional politics during extreme conditions. The book explores the impact of acti......tion of powers and rule of law in times of emergency constitutionalism. It starts with a theoretical explanation of the concept, features and main manifestations......icial activism and on its impact in shaping the relationship between constitutional, international and supranational law. It then focuses on ju......icial activism in extreme condit......, for example, in times of emergencies and pandemics, or in the context of dem......cratic backsliding, authoritarian constitutiona...
- 内容細目...i Bitonto Thinking outside the politics box : framing a judicial role in shaping militant democracy in European Union......icial activism and illiberal constitutionalism An illibera......n or a counter-constitutional revolution? : about the Polish Constitutional Tribunal before and after 2015 / Aleksandra Kustra-Rogat......activism takes the wrong turn : the case of the Romanian Constitutional Court / Bianca Gutan The revolutionary role of Constitutional Courts in Morocco and Jordan as a co......y example from the MENA Region / ......adeel Abu Hussein Part IV: Judicial activism and emergency constitutionalism Mastering emergency situat...
- 件名War and emergency legi......ical questions and judicial power--Europe Constitutional courts--Europe......nelles--Europe Constitutional courts. Political questions and judicial power...... Populism. War and emergency legislation. Europe...
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- 内容細目Prolegomena : the structure and characteristics of the international leg......al personality The sovereign state as the primary and original subject of P...... Article 38 of the ICJ statute : the substantive constitution of the international legal order in respect of sources Customary international law and its codification International tre......ty Forgotten, minor and hidden sources State responsibility for internationally w...... settlement of international disputes.
- 件名International law.
- 関連情報Queen Mary studies in international law
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- 要約等"Drawing on classic and contemporary scholarship and empirical anal......s of elections and public expenditures in 80 countries, the author argues for the existence of primary and secondary laws of politics. Starting with how basi......gy, resources, and force-coalesce in the formation of states, he proceeds to examine the operations of those laws in democracies and dictatorships. Primary laws constrain the support that incumbents draw from the electorate, limiting their time in office. They operate unimpeded in democracies. Secondary laws describe the general tendency of the state to expand vis-à-vis economy and society. They exert their gre...
- 内容細目...s Dictatorship in Cuba : a compa......ive analysis A constitutional framework for a free Cuba Laws of politics : summary and Extension
- 件名...Cuba--Politics and government--19......Cuba--Politics and government--1990-
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- 内容細目Introduction to the Research Handbook on the Law and Politics of Migration : law, politics, and the spaces between / Catherine Dauvergne Part I: Framing the law and politics of migration The politics of migration law : interests, ideas, and institutions / Ir......oemraad Unsettling migration studies : indigeneity and immigration in settler colonial states / Antje Ellermann and Ben O'Heran Mi......on politics at the meso-level / Erin Aeran Chung The problem of boundaries : the [Canadian] Constitution and the meaning of citizenshi....../ Asha Kaushal The trilemma of Ca......icy : facilitating employer acce......s while protecting the Canadian labour market a...
- 件名Emigration and immigration law Emigration and immigration--Political aspect...
- 関連情報Research handbooks in law and politics
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- 内容細目Introduction : imposition in making and changing constitutions......phon Contiades and Alkmene Fotiad......s : heteronomy and (un)amendabili......phon Contiades and Alkmene Fotiad...... constitutions and romantic const......ons / David S. Law Internally impose......v Roznai Legal theology in imposed constitutionalism / Antoni Abat Ninet Constitution......stitutions" of the 19th century t...... Jörg Gerkrath Inter-venire, sed......constitutions, the "will of the people", and the eye of the beholder / Zoran Oklopcic On the priority that ......ional security in constitutional design : reflections on the longevity of article 9 of the...
- 件名Constitutional history.
- 著者標目Albert, Richard (Law professor) Kontiadēs, Xenophō...
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- 要約等This book examines the problem of constitutional change in times of crisis. Divided into five main parts, it both explores and interrogates how public law manages change in periods of extraordinary pressure on the constitution. In Part I, "Emerg......ncy, Exception and Normalcy," the contributors discuss the practices and methods that c......elp legitimize the use of emergen......thout compromising the constitutional principles that were created during a period of normalcy. In Part II, "Terrorism and Warfare," the contributors a......stitutions are interpreted during times of war, focusing on the tension between individual ri...
- 内容細目...ion: Terrorism and warfare : extr...... conditions or the new normal? / Myriam Feinberg Human rights in times of terro......; a judicial point of view / Aharon Barak Detaining unlawful enemy combatants in Israel : a matter of misinterpretation? / Joshua Segev The law governing the right of enemy......rgad, Yoram Rabin Introduction: Public health, financial and economic crise......a Damaskou Judging in times of economic crisis : the case law on austerity measures in comparative pe......onia Baraggia Financial crisis a......a new genus of constitutional emergency? / Elisa Bertolini Public health emergencies and constitutionalism before COVI...
- 件名Constitutional law Government, Resistance to Insurgency Terrorism Autonomy and independence movements Financial crises Autonomy and independence movements. Constitutional law. Financial crises. ......Resistance to. Insurgency. Terrorism.
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- 要約等...onstitution making. Comparative ......onstitution Making provides an u......his rapidly expanding field. Bringing together leading scholars from......itical science and comparative public law, this handbook presents a......oad historical and geographical p......pective, exploring debates on constitutionalism across the world. Contrib......ns provide original, innovative resear......ues related to the process and context of constitution making and identify distinctive elements ......ls of regional constitutionalism. Insightful and comprehensive, this handbook offers imp......e for students and scholars of constitutional an...
- 内容細目...ion and the making of Kenya's co...... Yash Ghai How constitutional crowdsourcing can enhance legitimacy in constitution making / Carlos Bernal Religion and constitution making in comparative pe...... Aslı Ü. Bali and Hanna Lerner Constitution making and state building / Joanne Wallis The making of "illiberal constitutionalism" with or wi......constitution : the case of Hungary and Poland / Gábor Halma......onstitution making : the case of "unwri....../ Janet McLean The making of constitutional preambles / Justin O. Frosini Constitutionalism ancient and oriental / Patricia Springborg First con......can procedural influence / Lorianne Updike Tole...
- 件名Constitutions. Constitutional history. Constitutional law. Comparative law.
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- 要約等...h which anyone interested in constitutional governance in the United States should analyze the role and status of customary international law in U.S. courts. The book explains that the law of nations has not interacted with the Constitution in any single overarching way. Rather, the Constitution was designed to interact in distinct ways with each of the three traditio......al branches of the law of nations tha......opted--namely, the law merchant, the law of state-state relations, and the law maritime. By disaggregating how different parts of the Constitution interacted with different kinds of international law, the book prov...
- 件名Constitutional law--United States. Customary law, International. Constitutional law. Verfassungsrecht. Internationales Handelsrecht. Seevo......rrecht. United States. USA.
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- 要約等Constitutionalism in the Americas unites the work of leading scholars of constitutional law, comparative law and Latin American and U.S. constitutional law to provide a critical and provocative look at the state of constitutional law across the Americas today. The diverse chapte...... philosophical and textual analysis - in the effort to prov...... generation of constitutional change across two continents. The authors document surprising changes, including the relative decline in the importance of U.S. constitutional jurisprudence ......e U.S. borders and the growing exchange of Latin American constitutional thought within Europe and bey...
- 内容細目...conomic rights and majoritarian courts in Latin America / David Landau Part III US constitutionalism in the 21st century 8. Constitutional drafting in Latin America. A qua......ive / David S. Law and Tom Ginsburg 9. The global diffusi...... thought: changing influence, national security and legal education in crisis / Fernanda Nicola 10. The limits of US r......y without a Latin American Constitutional "Right to Work......nya Katerí Hernández.
- 件名Constitutional law--America.
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- 内容細目Maori and state visions of law and peace / Carwyn Jones Origin stories and the law : treaty metaphysics in Canada and New Zealand / John Borrows Originalism and the constitutional canon of Aotearoa New Zealand / David V. Williams The Treaty of Waitangi in historical con......nal history of the treaty / Bain Attwood The failing modern jurisprudence of the Treaty of Waitangi / Jacinta Ruru Ko Te M...... Motuhake / Rawinia Higgins Reflecting on the Treaty of Waitangi and its constitutional dimensions : a......xts for treaty interpretation / ......tawhānuiʼ: looking towards 2040 / Mamari Stephe...
- 件名...Maori (New Zealand people)--Legal status, laws, etc. Maori (New Zealand people)--Gover......Maori (New Zealand people)--Politics and government.
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- 内容細目The Russian legal system in comparative pe......ces of Russian law / Jane Henderson The constitutional foundations of the Russian state / Jane Henderson The Constitutional Court of the Russian Federa......udes to public international law / Bill Bowring The judicial system of the Russian Federa......gal profession and education in Russia / Ekaterina Khodzhaeva and Kirill Titaev Russian civil law : contract law / Lorenzo Sass...... Russian civil law : commercial law / Lorenzo Sass...... Russian civil law : dispute resolution in commercial law / Lorenzo Sasso Labour law / Oleg Bresky Gender in family law / Marianna Muravyeva, Larisa ...
- 件名Law--Russia (Federation)
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- 要約等"The study of legal......ds well beyond the interests of lega......n attorney arguing a case today ......centuries old, and historians studying political or ......es that affect their main subjects. Both......need to understand the laws and legal practice......l reference is intended for the many nonspecia......er this arcane and often tricky area of research...
- 内容細目...ns of American law, 1500s-1776 Colonial law, 1600s-1770s Constitutional law, 1780s The early republic......d, 1880s-1930s The administrative state, 1930s-2010s Archives and practice materials International and civil law in the United States Language and biography Nonlaw research.
- 件名Legal research--United States. Law--United States--History.
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- 要約等"This Oxford Handbook ambitiously seeks to lay the groundwork for the relatively new......eign relations law. Comparative f......eign relations law compares and contrasts how nations, and also supranati...... (for example, the European Union), structure their decisions ab......s such as entering into and exiting from international agreements, engaging with international institutions, and using military forc......as well as how they incorporate treaties and customary international law into their domestic legal systems. The legal material......eign relations law can include constitutional law, statutory law, administrative law, and judi...
- 内容細目... Mila Versteeg International Agreements and U.S. Foreign Relations Law: Complexity in Action / Jean Galbraith International Treaties and the German Constit......efan Kadelbach The Current Practice of Making and Applying International Agreements in Japan / Tadaat......eign Relations Law and the Process for Making Treaties and Other International Agr......arlos Esposito Incorporation and Implementation of Treaties in South Korea / Jaemin Lee Making Treaties and Other International Agreements: The European Union......irs Federalism in the United States / Ernest A. Y......ung Federalism and Foreign Affairs in Canada / Charles-Emmanuel Cô...
- 件名International law International relations International law. International rel......echtsvergleich Internationale Po......ialität Droit international. Relations internationales.
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- 内容細目How and why to assess the relevance of h......n rights norms in 'other' international courts? / Martin Scheinin The interpretation and development of international human rights law by the International Cou......Gentian Zyberi The International Cou...... Justice as an integrator, developer, and globaliser of international human rights law / Basak Cali, Lorna McGregor and Zeynep Elibol The systemic effect of international human rights law on international criminal law / Alexandre Skander Galand The emerging right to justice in international criminal law : a case study...... Colombia / Marina Aksenova Human rights at the reparations system of the Int...
- 件名International Court of Justice International Court of Justice. International law and human rights International courts International criminal law International courts. International criminal law. International law and human rights. Human rights. International Criminal Court.
- 資料の内容に関する注記This unique book examines the role and impact of human rights norms in international courts other than human ri......ange of courts and jurisdictions, looking at the practice of prominent international courts, such as the International Court of Justice and the International Criminal Court, as we...... adjudication, including the World Trade Or......tion, regional integration organisations in Europe and Africa, and investment arbitration. The book systematically explores the role of human ......ights norms at the International Tribunal for the Law of the Sea, thereby providing an insight into the future evolution of environme...
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- 要約等"The third edition ......his...book continues the story of the EU's constitutional journey. The EU's constitut......al texts, case law and practice, is no less of a moving target than before and the pace of change has, if anything, increased since the publication of the second edition. In a constantly challenging geopolitical context, the EU faces unpre......ical, economic and cultural trial......ch impact upon the evolution of i...... constitution. In particular, the migration cris...... given rise to the need for subst......al revision of the chapter dealing with the area of freedom, security and justice, and the institutiona...
- 内容細目...ore seriously? the EU system of f...... rights Broadening horizons? the area of freedom, security, and justice The internal market :......or green? Building a house by starting with the roof? economic and monetary polic......lephant trumpeting loud and clear or a gag......of enforcement and control The elephant in the room? concluding remarks.
- 件名Constitutional law--European Union countries. Ci...
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- 要約等"Where does one situate business and human rights? From the perspective of law alone, business falls within the general sphere of private law, further broken down into discrete sub......arly corporate law and commercial law. The human rights c......nt is situated in constitutional and international law. Prima facie, 'business' and 'human rights' fall into distinct spheres of regulation and differ in their primary sources. If law were simply ap......erspective, business would be of......o human rights and vice versa. Th...... is artificial and is antithetical to holist......to problem solving, not to mention the inter-connectivity of law.1 I...
- 内容細目...d human rights and its predecesso......? / Surya Deva The regulatory framework of multinational enterpr......s / Peter Muchlinski The UN global compact and the OECD guidelines on multinational enterprises and their enforcement mechanisms / Andreas Rasche Taxation and business : the human rights d......untability for the natural environment and climate change....../ Damilola S. Olawuyi Corporate a......for corruption and the business case for tr......Disability, business and human rights /......hael Ashley Stein Gender, business and human rights /......ica Lynn Corsi The business sector and the rights to work and just and f...
- 件名Social responsibility of business--Law and legislation Human rights
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- 要約等...ve overview of the law surrounding PPPs in the Middle East and North African region. The significance of liberalised and integrated Public......l component of the world legal and policy order i......ll documented. The regulation of ......or competition in the relevant public service and to achieve pri......cy, thus resulting in significant savings for the public sector. In parallel to the economic justi......lso called for the regulation of PPPs in order to allow......ement of goods and services and to prohibit discrimination on ground......f nationality. The need for competitiveness and transparency in delivering public services th...
- 件名Public-private sector cooperation--Law and legislation--Arab countries.
- 関連情報Routledge research in international law
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- 要約等...cally explores the legal tools, concepts, principles and instruments, as w......l as cross-cutting issues, that comprise the field of international environmental law. Commencing with foundati......ments, progressing on to discreet sub-fields, then exploring regional coop......hes, cross-cutting issues and finally emerging challenges for international environmental law, it features chapters by leading experts in the field of international environmental law, drawn from a ......ange countries in order to put f......al approach to the subject. The book is split into six parts: The foundations of international environmental law ...
- 内容細目... Erika Techera International freshwater law / Alistair Rie......oils, forestry and deforestation in international environmental law / Rowena Magui......, Hope Johnson and Zoe Nay Fisheries law / Anastasia Telesetsky and Rebecca Bratspies Marine environmental protection law / Damien Creme...... Erika Techera and Natalie Ozer The regulation of chemicals and hazardous wast......il Atmospheric and air pollution ...... Paolo Galizzi and Kerry Gillich International environmental law and climate change......Nyema Nwabueze and Erika Techera ...... environmental law / Elisa Morgera, Maria Ntona and Miranda Geelhoed Canada, the US and ...
- 件名Environmental law, International Environmental law, International.
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- 内容細目Preface Time and distributive rules in tax treaties /......g Kofler & Alexander Rust Tempora......cts of passive income under DTCs...... on Dutch case law / Daniël Smit......ble tax relief and time / Joanna Wheeler Timing issues in the application of......ties : changes in the applicable treaty law / Mario Tenore Timing disadvantages and tax treaty non-discrimination / Niels B...... of precedents in EU direct tax law / Ieva Freija-......s Tax deferral and fundamental fr......oreign losses, and withholding tax / Karoline Spies Tax rul......sus legal certainty and legitimate exp......ber Tax, time, and the Merger Directive / Freder...
- 件名Europäische Union Taxation--Law and legislation--E......ies. Taxation--Law and legislation. Time (Law) Frist Internationales Recht Mitgliedss...
- 資料の内容に関する注記Time and Tax: Issues in International, EU, and Constitutional Law' provides a definitive analysis of the key questions concerning the passage of time in tax treaty app......cial dimension in the application of any law. In tax law, however, wher......apid change on the national, European, and international lev......ls complicates the provision of a......gal advice, timing is particular....... This book is the first to analyse the relationship between time and three key area......: treaties, EU law, and constitutional law issues, such as legal certainty and individual rights......gh guidance on the relevance of time when applyi...