... FBA
Whewell Professor ofInternational Law, Faculty of Law, and
Director, Lauterpacht Research Centre for International Law,
University of Cambridge
John S. Bell FBA
Professor of Law, Faculty of Law, ... to the history of
international law, illuminating the imperial character ofthe discipline
and its enduring significance for peoples ofthe Third World.
antony anghie is Professor ofLaw at the ... sovereign rather
than the Pope.
Vitoria further undermines the position ofthe Church by refuting
another justification for Spanish conquest ofthe Indies: the argument
that the Emperor is lord of the...
... 213.
9
The politics ofinternationallaw
international law. The end ofthe Cold War, and the attendant talk of
a ‘new world order’, the triumph of liberalism, and the regulatory im-
peratives of ... divided the United States from the large majority of
other states that voted to adopt the Rome Statute ofthe Court, in partic-
ular the role ofthe Security Council, the powers ofthe prosecutor, the
questions ... that leave them ill-equipped to comprehend issues as funda-
mental as the expanding corpus ofinternational law, the obligatory force
of that law, the way in which the weak can employ thelaw as...
... January 1976
ICJ International Court of Justice
ICJ Reports Reports oftheInternational Court of
Justice
ICLQ International and Comparative Law
Quarterly
ICRC International Committee ofthe Red
Cross
ICRC ... Convention
for the Amelioration ofthe Condition
of the Wounded and Sick in Armed
Forces in the Field: Commentary
(ICRC, Geneva, 1952)
table ofconventions xlvii
1993
Convention on the Prohibition ofthe ... 95/46/EC (Directive 95/46/EC of the
European Parliament and ofthe Council on the protection of
individuals with regard to the processing of personal data and on
xxxiv table ofconventions
Art. 25 6,...
... oflaw such as criminal law, contract law, and thelawof torts, or spe-
cific types of law, such as municipal state law, judge-made law, and customary
law.
2
The philosophy ofinternationallaw ... of customary law. In the context
of the discussion ofthe processes ofinternational law- making and hence of the
sources or identification of its norms, the question ofthe kind of norms created
27
See ... THE PHILOSOPHY
OF INTERNATIONAL LAW
SECTION I HISTORY OFTHE PHILOSOPHY
OF INTERNATIONAL LAW
1 State of Nature versus Commercial Sociability as the Basis of
International Law: Reflections on the...
... of analogical reasoning, the court compares the relative
strength of two sets of facts – the facts ofthe precedent case and the
facts of a new case now under consideration. If the facts ofthe ... that the ratio sets out the factors that ground
the reason(s) in favor ofthe result: the later court must determine the strength ofthe reason
in favor ofthe result in the precedent on the basis ... precedents can be seen as the reverse of expansion of
precedents on the basis of similarity: here, the court limits the effect of
precedents on the basis of dissimilarity. The process of distinguishing
precedents...
... feature of
the 1994 reference to the aim of ‘optimal use ofthe world’s resources’ as
opposed to the 1947 objective for the use ofthe ‘full resources ofthe world’.
References to human rights and the ... models oflaw and norms are characteristic of what people often mean
when they use the word ‘globalisation’.
251 The return of universalist law
172
See Rajagopal, International Law, ch. 4, on the ... historic importance ofthe ending ofthe division of the
European continent and the need to create firm bases for the construction of
the future Europe
50
The passionate sources of personal moral...
... pairs
The results refer to the estimation of system (14) by one stage GMM estimation with the optimal weighting matrix being the unity matrix. The estimated coefficients ofthe system of
equations ... the
domestic country and the US for bonds. Standard errors are reported in parenthesis. J-Stat denotes the p-value ofthe J-
statistic to test the null hypothesis that the overidentifying restrictions ...
The US SDF and estimated expected excess returns
The results refer to the estimation of system (16) by one stage GMM estimation with the optimal weighting matrix
being the unity matrix. The...
...
of law rather than “due process.” The terms in the constitutional text
are not critical. The fact is,” Justice Scalia explained, “regardless ofthe
terminology used, the precise content of ... celebrates the adoption ofthe
document as the nation’s defi ning act, allows that “[m]uch ofthe First
Amendment . . . simply textualized the Federalist party line.”
35
There is also evidence that the ...
thought the various elements ofthe document fi t together in some way,
but the men who voted it into law only bought the compilation, whatever
its contents. It also may be, then, that the only...
... the civil, the political and the social spheres. I will
argue that the key to the development ofthe post-war criminal law was the
fusion of these three forms of citizenship in the period of ...
that these are dialectically connected aspects ofthe same thing: the modern
form of law. I will now outline these two aspects of modern individualist
law and then contextualise the idea ofthe ... took place at theInternational Institute for
the Sociology ofLaw in Onati, Spain in June 2007. The main aim ofthe
workshop was to gather together experts in the fields of criminal law and
procedure,...
... Spaniards.
33
The definitive version of Art. 23 ofthe LOPJ is the result of amendment 390 tabled by the
Socialist Group in the Senate with the aim of avoiding the referral that Article 35 of the
draft ... for the sup-
pression of unlawful acts against the safety of maritime navigation (Art. 6.4 – BOE of
24.4.92) and its protocol ofthe same year for the suppression of unlawful acts against the
safety ... father or mother who were also born abroad, when the laws of their country of
residence attribute to them the citizenship of that country, shall lose Spanish nationality if
they do not state their...
... R,islower;
— the probability of success ofthe risky project, π,ishigher;
— the efficiency of monitoring, P, is higher and the cost of monitoring, C,islower;
— the cost of default, D, and the cost of loan ... numer-
ically. The second and third terms represent the sum ofthethe marginal pdf and the conditional
cdf.
Efficiency can be further improved if we take into account the panel structure ofthe data ... J
T
is the T ×T matrix of ones, the AR(1) coefficient |ρ| < 1 and the variance ofthe random
effect 0 ≤ σ
2
a
< 1.
38
This parameterization allows for random effects and the AR(1) structure of
the...
...
evaluate the state of achievement of policy goals ofthe government sector only on the basis of financial data, the
member SAIs must check whether the policies have led to the achievement of their ... convergence of such standards, and reviews past
activities. (The views expressed in this paper are the personal views ofthe author and do not reflect the official view of
the Board of Audit of Japan.)
... Code of
Ethics, because the SAI’s independence from the audited entities, the transparency ofthe SAI’s organization and
management, and the ethical views ofthe staff ofthe SAI addressed by those...
... practical advantages ofthe common law accept-
ing the significance ofthe "State" are then explored.
The pervasive influence of European law and institutions on thelawof the
United Kingdom ... between theLaw Foundation of
Saskatchewan and the University of Saskatchewan, and supports the appoint-
ment of a Visiting Professor at the College of Law. I am most grateful to the
Law Foundation ... and Professor of Law
at the University of Toronto.
H. Wade MacLauchlan is Professor ofLaw at the University of New
Brunswick.
Janet McLean is Senior Lecturer in Law at The University of Auckland.
David...
... Kennedy, The Disciplines ofInternationalLaw , 12 Leiden Journal ofInternationalLaw (1999) 9,
at 18.
19
Cf. Anthony Carty, The Decay ofInternational Law? A Reappraisal ofthe Limits of Legal ... TheInternational Responsibility of States for Breach of Multilateral Obligations’,
10 European Journal ofInternationalLaw (1999) 353.
78
Report oftheInternationalLaw Commission on the ... snare ofthe debate are by no means quite as recent. The idea of a
fragmenting internationallaw brings into question issues such as the systemic
character ofinternational law, the lack of hierarchy,...