Showing papers on "Sources of law published in 2010"

Canada's Indigenous Constitution

Abstract: Canada's Indigenous Constitution reflects on the nature and sources of law in Canada, beginning with the conviction that the Canadian legal system has helped to engender the high level of wealth and security enjoyed by people across the country. However, longstanding disputes about the origins, legitimacy, and applicability of certain aspects of the legal system have led John Borrows to argue that Canada's constitution is incomplete without a broader acceptance of Indigenous legal traditions. With characteristic richness and eloquence, John Borrows explores legal traditions, the role of governments and courts, and the prospect of a multi-juridical legal culture, all with a view to understanding and improving legal processes in Canada. He discusses the place of individuals, families, and communities in recovering and extending the role of Indigenous law within both Indigenous communities and Canadian society more broadly. This is a major work by one of Canada's leading legal scholars, and an essential companion to Drawing Out Law: A Spirit's Guide.

Evaluation of the 2006 family law reforms

Abstract: In 2006 the Attorney-General's Department and the Department of Families, Housing, Community Services and Indigenous Affairs commissioned AIFS to conduct an evaluation of the 2006 changes to the Australian family law system. The evaluation has involved the collection of data from some 28,000 people involved or potentially involved in the family law system—including parents, grandparents, family relationship service staff, clients of family relationship services, lawyers, court professionals and judicial officers—and the analysis of administrative data and court files. This evaluation provides a more extensive evidence base about the use and operation of the family law system in Australia (and arguably internationally) than has previously been available. The report was released in January 2010. Authors: Rae Kaspiew, Matthew Gray, Ruth Weston, Lawrie Moloney, Kelly Hand, Lixia Qu and the Family Law Evaluation Team. Image: publik16 / flickr

Law and social change

Abstract: Introduction The Meaning of Law Law, Capitalism and Industrialization The Classical Theories Contemporary Theories of Law The Legal Profession Dispute Resolution Social Control Feminism and Legal Reform Rights and Citizenship Conclusion

Redirecting human rights: facing the challenge of corporate legal humanity

Abstract: Introduction Human Rights Under Pressure? Corporate Human Rights? Law, Persons and Disembodiment The Liberal Subject of Rights, Capitalism and the Corporation A Genealogy of Quasi-Disembodiment in International Human Rights Law The Centrality of Human Embodiment Embodied Vulnerability and Human Rights Embodied Vulnerability and the Limits of Privatization: Reconsidering Property and Human Rights Some Brief Conclusory Thoughts and Future Research Directions Bibliography

Public Law after the Human Rights Act

Abstract: Acknowledgements Introduction 1. The HRA and the Common law 2. Constitutional Theories and Constitutional Dialogue 3. Public law standards 4. Weight and deference 5. Proportionality 6. Reasonableness 7. Process review 8. The Structure of Public Law after the Human Rights Act 9. Emergencies, derogation and detention 10. The right to a court

The Ethos of Europe: Values, Law and Justice in the EU

Abstract: Andrew Williams analyses the role of values in the European Union and suggests how to make the EU more just.

Semantic Processing of Legal Texts: where the Language of Law Meets the Law of Language

Abstract: Legal Text Processing and Information Extraction.- Legal Language and Legal Knowledge Management Applications.- Named Entity Recognition and Resolution in Legal Text.- Using Linguistic Information and Machine Learning Techniques to Identify Entities from Juridical Documents.- Approaches to Text Mining Arguments from Legal Cases.- Legal Text Processing and Construction of Knowledge Resources.- Automatic Identification of Legal Terms in Czech Law Texts.- Integrating a Bottom-Up and Top-Down Methodology for Building Semantic Resources for the Multilingual Legal Domain.- Ontology Based Law Discovery.- Multilevel Legal Ontologies.- Legal Text Processing and Semantic Indexing, Summarization and Translation.- Semantic Indexing of Legal Documents.- Automated Classification of Norms in Sources of Law.- Efficient Multilabel Classification Algorithms for Large-Scale Problems in the Legal Domain.- An Automatic System for Summarization and Information Extraction of Legal Information.- Evaluation Metrics for Consistent Translation of Japanese Legal Sentences.

The Foundations of European Union Law

Abstract: The Foundations of European Union Law provides an impressively clear and easily understood account of the constitutional and administrative law of the EU. Hartley examines the institutions, the Union legal system and the major constitutional issues before moving on to the area of administrative law and remedies including the workings of the European Court and the Court of First Instance. The Treaty of Lisbon has brought about one of the most important reforms of EU law since the early days of European integration. In addition to significant institutional changes, the Treaty creates a new legal structure that will require lawyers and students of EU law to think in different terms. This new edition has been thoroughly revised to provide a clear and simple explanation of the basic principles of EU law as they have been recast by the Treaty of Lisbon. The important conceptual and functional changes introduced by the treaty are explained, showing how the new legal principles form a coherent system. Online Resource Centre This book is accompanied by an Online Resource Centre containing a wealth of additional learning aids: An interactive map of Europe with hot-spots on all EU Member States provides factual information on each country. A timeline of the EU traces key dates in EU legal history. Video clips from the EU archive demonstrate the important historical context behind EU law helping students to appreciate the wider aspects of the EU's development. Web links to useful sources of information provide the ideal platform to online research.

The Reception of International Law in the European Court of Human Rights

Abstract: PART A - INTRODUCTION PART B - RECEPTION IN SELECTED AREAS 1. The Law of Treaties 2. International Court of Justice 3. Child Rights 4. Civil and Political Rights 5. Prohibition on Torture and Other Ill-Treatment 6. Refugee Rights 7. State Immunity 8. International Humanitarian Law PART C - CONCLUSION

The New Global Law

Abstract: Part I. From Ius gentium to International Law: 1. The ius gentium, a Roman concept 2. The ius commune, a medieval concept 3. International law, a modern concept Part II. Towards a Global Law: 4. The crisis of international law 5. Global law, a challenge for our time 6. The global legal order 7. Legal principles of global law Conclusion: the third time is the charm.

Mixing Apples and Hand Grenades The Logical Limit of Applying Human Rights Norms to Armed Conflict

Abstract: One of the most complex contemporary debates related to the regulation of armed conflict is the relationship between international humanitarian law (or the law of armed conflict) and international human rights law. Since human rights experts first began advocating for the complementary application of these two bodies of law, there has been a steady march of human rights application into an area formerly subject to the exclusive regulation of the law of armed conflict (LOAC). While the legal aspects of this debate are both complex and fascinating, like all areas of conflict regulation the outcome must ultimately produce guidelines that can be translated into an effective operational framework for war-fighters. In an era of an already complex and often confused battle space, there can be little tolerance for adding complexity and confusion to the rules that war-fighters must apply in the execution of their missions. Instead, clarity is essential to aid them in navigating this complexity. This article will explore this debate from a military operational perspective. It asserts the invalidity of extreme views in this complementarity debate, and that the inevitable invocation of human rights obligations in the context of armed conflict necessitates a careful assessment of where symmetry between these two sources of law is operationally logical and where that logic dissipates.

Hard Cases in Wicked Legal Systems: Pathologies of Legality

Abstract: 1. Judicial Obligation and the Rule of Law 2. Adjudication and Racial Segregation 3. Adjudication and National Security 4. Entrenchment and Dissent 5. The Common Law Revival 6. The War against Law 7. Problems and Puzzles 8. The Genealogy of Legal Positivism 9. Rule by Law/Rule of Law 10. Towards a Culture of Justification

Custom as a Source of Law

Abstract: A central puzzle in jurisprudence has been the role of custom in law. Custom is simply the practices and usages of distinctive communities. But are such customs legally binding? Can custom be law, even before it is recognized by authoritative legislation or precedent? And, assuming that custom is a source of law, what are its constituent elements? Is proof of a consistent and long-standing practice sufficient, or must there be an extra ingredient - that the usage is pursued out of a sense of legal obligation, or, at least, that the custom is reasonable and efficacious? And, most tantalizing of all, is custom a source of law that we should embrace in modern, sophisticated legal systems, or is the notion of law from below outdated, or even dangerous, today? This volume answers these questions through a rigorous multidisciplinary, historical, and comparative approach, offering a fresh perspective on custom's enduring place in both domestic and international law.

Constitutional & Administrative Law

Abstract: Introduction: The Scope of Constitutional Law Sources of the Constitution Evolution of the Structure of the United Kingdom The Rule of Law The Separation of Powers The Royal Prerogative Parliamentary Sovereignty Structures and Institutions European Community Law and National Law Central Government Responsible Government Devolution and Local Government The Electoral System Introduction to the House of Commons The Legislative Process Scrutiny of the Executive The House of Lords Parliamentary Privilege The Protection of Human Rights Freedom from Discrimination Freedom of Expression and Privacy Freedom of Association and Assembly The Police and Police Powers Citizenship, Immigration and Extradition State Security Judicial Review: Introduction, Jurisdiction and Procedure The Grounds for Judicial Review Commissioners for Administration: 'Ombudsmen'.

Environmental Law Scientific, Policy and Regulatory Dimensions

Abstract: 1. Evolution of Environment Law2. Changing Notions of Environment3. Environmental Governance and Actors4. Environmental Regulation and Legal Tools5. The Changing Role of Science6. Challenges of Integration and Complexity7. Challenge of Internationalisation8. Future Directions for Environmental Law

Treaty Interpretation in WTO Dispute Settlement: The Outstanding Question of the Legality of Local Working Requirements

Abstract: This article explores treaty interpretation in dispute settlement at the World Trade Organization (WTO) by seeking to resolve the unanswered question of whether local working requirements – domestic provisions which allow the grant of a compulsory license when a patent is not “worked” in that country – are legal under the international trade regime. The issue remains in flux as local working requirements appear to be inconsistent with the Agreement on Trade-Related Aspects of International Property Rights (TRIPS) Article 27, which prohibits discrimination as to “whether products are imported or locally produced.” However, TRIPS Article 2.2 incorporates the substantial majority of the Paris Convention, including Article 5(A)(2), which may specifically allow working requirements. Analyzing the issue in strict adherence to the principles of treaty interpretation that guide decision-making in the WTO’s Dispute Settlement Body, we conclude that the incorporation of Article 5(A)(2) of the Paris Convention cannot be read down, and thus working requirements are consistent with the TRIPS Agreement. This Article is therefore intentionally and unapologetically a technical analysis which evaluates and resolves a legal conflict using all available sources of law and is not a discussion of the policy rationale behind local working requirements.

Automated classification of norms in sources of law

Abstract: The research described here attempts to achieve automated support for modelling sources of law for legal knowledge based systems and services. Many existing systems use models that do not reflect the entire law, and simplify parts of the text. These models are difficult to validate, maintain and re-use. We propose to create an intermediate model that has an isomorphic representation of the structure of the original text. A first step towards automated modelling is the detection and classification of provisions in sources of law. A list of different categories of norms and provisions that are used in Dutch legal texts is presented. These categories can be identified by the use of typical text patterns. Next, the results of experiments in automated classification of provisions using these patterns are presented. 91% of 592 sentences in fifteen different Dutch laws were classified correctly. Some conclusions about the generality of the approach are drawn and future research is outlined.

Law and Justice in Community

Abstract: 1. Introduction: The Grey Goose 2. The Origins of Civil Society and the Function of Law 3. Justice, Ownership, and Law 4. Natural Justice and Conventional Justice 5. Justice and the Trading Order 6. Adjudication and Interpretation 7. Morality, Law, and Legislation 8. Natural Law 9. Rights 10. The Force of Law 11. The Authority and Legitimacy of Law 12. Conclusion

What is International Law for

Abstract: This chapter provides four responses to the question: what is international law for? First, international law seeks to advance the values, interests, and preferences that those in dominant positions seek to realize in the world. Second, it gives voice to those who have been excluded from powerful positions and are regularly treated as the objects of other peoples’ policies; it provides a platform on which claims about violence, injustice, and social deprivation may be made even against the dominant elements. Third, the objective of international law is always also international law itself. Fourth, international law exists as a promise of justice.

The International Criminal Court and "Internationally Recognized Human Rights": Understanding Article 21(3) of the Rome Statute

Abstract: Article 21(3) of the Rome Statute requires that the law applied by the ICC be interpreted and applied in accordance with "internationally recognized human rights." Notwithstanding its paramountcy over other sources of law, Article 21(3) has yet to receive satisfactory consideration and analysis by the Court. In constructing a principled framework for how international human rights should operate within the applicable law of the Court, certain principles serve as important guideposts: rules of statutory interpretation, the complementarity principle, the structure of international human rights law, and principles of international legal personality. Relying on these principles, the Court's jurisprudence and the Statute's travaux preparatoires, it is possible to map out some of the features of Article 21(3). The Article is not merely a rule of interpretation, but is generative of powers and remedies that would otherwise not be available. However, in order to be applied rationally, the scope of "internationally recognized human rights" should be contingent on which state would ordinarily exercise jurisdiction over a prosecution. The institutional relationships between The Court, state parties, and other bodies that interpret and apply human rights norms should also influence how the Court applies these principles, with decisions of international human rights courts being prima face binding in certain circumstances.

Legal Migration to the European Union

Abstract: This book provides an analysis of the current state of affairs in EU migration law. Five Directives on legal migration and national legislation in five Member States are critically assessed in terms of compliance with EU principles of law and international human rights.