Legal Pluralism and International Law
The Ahistoricism of Legal Pluralism in International Criminal Law
... criminal law governing complicity in national law, including Mexico, India, Singapore, Malaysia, Indonesia, Vietnam, Laos, Hong Kong, New Zealand, South Africa, Belgium, the United States, England, and ...
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Legal pluralism? Indigenous rights as legal constructs
... global legal system, and which, in principle, are justiciable for many ...national law, widening these rights so that national legal bodies can attach uniform rights to a growing range of claimants ...
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Legal Pluralism, Capital and Democracy
... customary law was recognized in many African countries as a source of law, there was a clear tendency in some legal fields to see it as temporary, to be slowly modernized and taken over by state ...
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Legal Pluralism in Theory and Practice
... Legal pluralism has vast policy and governance ...authority. Legal pluralism’s im- portance, however, is rarely recognized and dramatically under ...of legal pluralism both theo- ...
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Pluralism: A New Framework for International Criminal justice
... applicable law sources in Article 21 make it a system unto ...procedural law in its case ...its legal framework requiring a ...substantive law is the ‘control theory’ employed by the ICC ...
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State Opinio Juris and International Humanitarian Law Pluralism
... of international law is in some senses ...particular international regulatory doctrine or regime or to admit publicly to the existence of international norms bearing on the matter at ...
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Criminalising religious pluralism : the legal treatment of Shiites in Malaysia
... Islamic law in Malaysia controls the religious aspect of peoples’ lives in Shia communities, and the legal implications that are likely to ...or international researchers, who have instead been more ...
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Pluralism in International Criminal Procedure
... their legal representatives, can take part at all major stages of the proceedings and are designated as “civil ...Cambodian law on “civil parties,” which in turn is patterned on French criminal ...
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The relationship between legal pluralism and the rule of law in South Africa and Timor Leste
... of law’ in transitional countries has become a mantra of the international ...of law assumes that the state enjoys a monopoly of ...of law in transitional countries gives insufficient ...
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Terrorism is Also Disrupting Some Crucial Legal Categories of International Law
... an international tribunal; (iv) generally speaking, prosecution and punishment by national courts were considered more efficient than by international ...
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Comparative Methodology and Pluralism in Legal Comparison in a Global Age
... more legal systems, as coincidences or dissonances reveal the features of “cultural postures” of other legal ...of legal systems (Zumbansen, ...a legal system may allow revealing, “An ...
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Legal Norm Protection for Inter-Faith Marriage of In Indonesia In The Framework of Legal Pluralism
... (National Legal Assessment Bodies) are not comprehensive, ...Marriage Law. While comparative studies of marriage law in various countries showed a significant development towards the formal ...
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The Cost of Avoidance: Pluralism, Neutrality, and the Foundations of Modern Legal Ethics
... Ultimately, client autonomy is best served by lawyers who genu- inely believe in clients and their causes. Neutral partisanship divorc- es lawyers from this rich sense of loyalty that flows organically from aligned ...
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What Value Pluralism Means for Legal-Constitutional Orders
... I want to underscore two features of this schema. First, it does not identify some neutral point of equipoise between the jurisprudence of rules and the jurisprudence of equity. Legal rules enjoy a status very ...
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The implementation of international law in the national legal order : a legislative perspective
... French law, had failed to consult the national register to assess ...case law had established that the statutory rate had to be increased by five percentage points if the borrower would not repay his debt ...
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Unidentified Legal Object: Conceptualising the European Union in International Law
... The legal analysis that follows is shaped by this ...autonomous legal order. According to this perspective, the legal dispute is somewhat straightforward: the CJEU was called upon to decide whether ...
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Re imagining International Law: An Examination of Recent Trends in the Reception of International Law into National Legal System in Africa
... procedure rules may be affected by international law commitments. In this case, the defendant brought an application seeking an order requiring the plaintiff to pay security for costs. The plaintiff was ...
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Problems of legal regulation of the Internet in national and international information law
... extent, reveals its social purpose and consequences" 10 . In this regard, A. Pazyuk noted that "important terminology distinction between the concepts of the Internet (capitalized), the internet (with a lowercase ...
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The International Legal Implications of Military Space Operations: Examining the Interplay between International Humanitarian Law and the Outer Space Legal Regime
... difficult to identify other topics that come within the concept. To the extent that peremptory norms are contained in either the OST or IHL regarding armed conflict in space, such norms would take precedence in resolving ...
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International Law, Legal Diplomacy, and the Counter-ISIL Campaign: Some Observations
... Public explanations of legal positions are an important part of legal di- plomacy. The United States is not alone in providing such public explana- tions. Over the last eighteen months, for example, nine of ...
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