Search results for 'International law Interpretation and construction' (try it on Scholar)

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  1. Jean D' Aspremont (2011). Formalism and the Sources of International Law: A Theory of the Ascertainment of Legal Rules. Oxford University Press.score: 726.0
    This book revisits the theory of the sources of international law from the perspective of formalism.
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  2. Robert Stecker (2003). Interpretation and Construction: Art, Speech, and the Law. Blackwell.score: 657.0
    Interpreting the everyday -- Art interpretation : the central issues -- A theory of art interpretation : substantive claims -- A theory of art interpretation : conceptual and ontological claims -- Radical constructivism -- Moderate and historical constructivism -- Interpretation and construction in the law -- Relativism versus pluralism.
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  3. Robert W. Benson (1989). The Semiotics of International Law: Interpretation of the Abm Treaty. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 2 (3):257-276.score: 474.8
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  4. Phan Minh Dung & Giovanni Sartor (2011). The Modular Logic of Private International Law. Artificial Intelligence and Law 19 (2-3):233-261.score: 442.5
    We provide a logical analysis of private international law, a rather esoteric, but increasingly important, domain of the law. Private international law addresses overlaps and conflicts between legal systems by distributing cases between the authorities of such systems (jurisdiction) and establishing what rules these authorities have to apply to each case (choice of law). A formal model of the resulting interactions between legal systems is proposed based on modular argumentation. It is argued that this model may also be (...)
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  5. Reviews by David Davies & Julie Van Camp (2004). Robert Stecker, Interpretation and Construction: Art, Speech, and the Law. Journal of Aesthetics and Art Criticism 62 (3):291–296.score: 405.0
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  6. T. Gracyk (2006). Interpretation and Construction: Art, Speech, and the Law. Philosophical Review 115 (4):524-526.score: 405.0
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  7. Gary Iseminger (2007). Interpretation and Construction: Art, Speech, and the Law, by Robert Stecker. European Journal of Philosophy 15 (1):114–118.score: 405.0
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  8. Matthew Rowe (2004). Interpretation and Construction, Art, Speech, and the Law. British Journal of Aesthetics 44 (3):303-304.score: 405.0
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  9. Joseph Raz (2009). Between Authority and Interpretation: On the Theory of Law and Practical Reason. Oxford University Press.score: 387.0
    Can there be a theory of law? -- Two views of the nature of the theory of law : a partial comparison -- On the nature of law -- The problem of authority : revisiting the service conception -- About morality and the nature of law -- Incorporation by law -- Reasoning with rules -- Why interpret? -- Interpretation without retrieval -- Intention in interpretation -- Interpretation : pluralism and innovation -- On the authority and interpretation (...)
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  10. Andrei Marmor (ed.) (1995). Law and Interpretation: Essays in Legal Philosophy. Oxford University Press.score: 387.0
    Interest in interpretation has emerged in recent years as one of the main intellectual paradigms of legal scholarship. This collection of new essays in law and interpretation provides the reader with an overview of this important topic, written by some of the most distinguished scholars in the field. The book begins with interpretation as a general method of legal theorizing, and thus provides critical assessment of the recent "interpretative turn" in jurisprudence. Further chapters include essays on the (...)
     
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  11. Ranyard West (1974). International Law and Psychology. Dobbs Ferry, N.Y.,Oceana Publications.score: 373.5
  12. Shawn H. E. Harmon (2009). International Public Health Law: Not so Much WHO as Why, and Not Enough WHO and Why Not? [REVIEW] Medicine, Health Care and Philosophy 12 (3):245-255.score: 337.5
    To state the obvious, “health matters”, but health (or its equitable enjoyment) is neither simple nor easy. Public health in particular, which encompasses a broad collection of complex and multidisciplinary activities which are critical to the wellbeing and security of individuals, populations and nations, is a difficult milieu to master effectively. In fact, despite the vital importance of public health, there is a relative dearth of ethico-legal norms tailored for, and directed at, the public health sector, particularly at the (...) level. This is a state of affairs which is no longer tenable in the global environment. This article argues that public health promotion is a moral duty, and that international actors are key stakeholders upon whom this duty falls. In particular, the World Health Organization bears a heavy responsibility in this regard. The article claims that better health can and must be better promoted through a more robust interpretation of the WHO’s role, arguing that neither the WHO nor international law have yet played their necessary part in promoting health for all. (shrink)
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  13. Inga Daukšienė (2012). Recognition of Jurisdiction of the Court of Justice of the European Union in International Courts. Jurisprudence 19 (2):459-475.score: 292.5
    From the point of the EU law, the CJEU has the exclusive competence to interpret the EU legal norms and decide upon validity of the legal acts adopted by the EU institutions because it is the most effective method to ensure the unilateral interpretation of the EU law and to prevent its fragmentation. Thus, it can be presumed that all disputes between the Member States regarding the EU law must be solved by the CJEU. The paper aims at finding (...)
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  14. Veronika Fikfak & Benedict Burnett (2009). Domestic Courts' Reading of International Norms: A Semiotic Analysis. [REVIEW] International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 22 (4):437-450.score: 277.5
    This article focuses on a number of cases in international law in which US domestic courts have produced judgments that conflict with those given by the International Court of Justice. The nature of these courts’ judgments has been extremely closely tied to the interpretation given by the US national Executive to a certain international norm. This situation raises a number of questions, which can be broadly categorized into two spheres: the legal (regarding the overall legality of (...)
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  15. Marek Zirk-Sadowski (2012). Interpretation of Law and Judges Communities. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 25 (4):473-487.score: 270.0
    The principle of omnia sunt interpretanda refers to the derivational conception and derivational theory of interpretation. The principle appears in disputes concerning the role of a judge in the process of interpretation, and this has produced an effect that Polish theory of law is currently getting closer to the conceptions presented in the American debate on activism and textualism. In the practice of jurisdiction, the principle of omnia sunt interpretanda is mostly invoked outside theoretical context. It becomes a (...)
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  16. Benedict Kingsbury & Benjamin Straumann (2010). State of Nature Versus Commercial Sociability as the Basis of International Law: Reflections on the Roman Foundations and Current Interpretations of the International Political and Legal Thought of Grotius, Hobbes and Pufendorf. In Samantha Besson & John Tasioulas (eds.), The Philosophy of International Law. Oup Oxford.score: 264.0
     
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  17. Justinas Žilinskas & Tomas Marozas (2011). Mens Rea Element in Superior Responsibility Under Customary International Law and the Rome Statute. Jurisprudence 18 (4):1519-1541.score: 260.0
    Superior responsibility has been a widely recognised form of responsibility for omission in both treaty and customary international law. Superiors are held responsible for the acts of their subordinates when they fail in fulfilling their duties to prevent or punish crimes of subordinates. Duties to prevent and punish arise only after the superior knows about the subordinate’s crimes or has a reason to know about it. ‘Has a reason to know’ is a form of constructive knowledge and could be (...)
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  18. Kent Greenawalt (2010). Legal Interpretation: Perspectives From Other Disciplines and Private Texts. Oxford University Press.score: 252.0
    Introduction: dimensions of inquiry -- Speaker intent and convention; linguistic meaning and pragmatics; Vagueness and indeterminacy: three topics in the philosophy of language -- Literary interpretation, performance art, and related subjects -- Religious interpretation -- General theories of interpretation -- Starting from the bottom: informal instructions -- The law of agency -- Wills -- Contracts -- Judicial alterations of textual provisions: Cy Pres and relatives -- Conclusion and a comparison.
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  19. Kent Greenawalt (2010). Comparative Legal Interpretation. Oxford University Press.score: 252.0
    Introduction: dimensions of inquiry -- Speaker intent and convention; linguistic meaning and pragmatics; Vagueness and indeterminacy: three topics in the philosophy of language -- Literary interpretation, performance art, and related subjects -- Religious interpretation -- General theories of interpretation -- Starting from the bottom: informal instructions -- The law of agency -- Wills -- Contracts -- Judicial alterations of textual provisions: Cy Pres and relatives -- Conclusion and a comparison.
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  20. Matthew Lister (2011). The Legitimating Role of Consent in International Law. Chicago Journal of International Law 11 (2).score: 243.0
    According to many traditional accounts, one important difference between international and domestic law is that international law depends on the consent of the relevant parties (states) in a way that domestic law does not. In recent years this traditional account has been attacked both by philosophers such as Allen Buchanan and by lawyers and legal scholars working on international law. It is now safe to say that the view that consent plays an important foundational role in (...) law is a contested one, perhaps even a minority position, among lawyers and philosophers. In this paper I defend a limited but important role for actual consent in legitimating international law. While actual consent is not necessary for justifying the enforcement of jus cogens norms, at least when they are narrowly understood, this leaves much of international law unaccounted for. By drawing on a Lockean social contract account, I show how, given the ways that international cooperation is different from cooperation in the domestic sphere, actual consent is both a possible and an appropriate legitimating device for much of international law. (shrink)
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  21. Justinas Žilinskas (2013). The Influence of Using Cyber Technologies in Armed Conflicts on International Humanitarian Law. Jurisprudence 20 (3):1195-1212.score: 242.5
    Cyber warfare is becoming a new reality with new battles fought everyday on virtual battlefields. For a century and a half, International Humanitarian Law has been a sentry for victims of wars guaranteeing their legal protection from the calamities of war, trying hard to respond to Clausewitz’s “chameleon of war”. Cyber conflict marks new chameleon’s colour together with the unmanned aerial vehicles, autonomic battle systems and other technologies deployed on battlefields. However, it would be greatly erroneous to claim that (...)
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  22. Jacqueline Mowbray (2011). Linguistic Justice in International Law: An Evaluation of the Discursive Framework. [REVIEW] International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 24 (1):79-95.score: 240.0
    Claims by minority groups to use their own languages in different social contexts are often presented as claims for “linguistic justice”, that is, justice as between speakers of different languages. This article considers how the language of international law can be used to advance such claims, by exploring how international law, as a discourse, approaches questions of language policy. This analysis reveals that international legal texts structure their engagement with “linguistic justice” around two key concepts: equality and (...)
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  23. Max Travers (2010). Understanding Law and Society. Routledge.score: 234.0
    Classical thinkers -- The consensus tradition -- Critical perspectives -- Feminism and law -- The interpretive tradition -- Postmodernism and difference -- Legal pluralism and globalisation.
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  24. Kevin Thomas Jackson (1994). Jurisproudence and the Interpretation of Precepts for International Business. Business Ethics Quarterly 4 (3):291-320.score: 231.0
    Competing schools of contemporary jurisprudence can be “internationalized” to elucidate special problems in interpreting obligations of multinational firms under emergent corporate and international codes. An “integrity” model proves superior to a relativist conception of international business precepts. An integrity jurisprudence provides a coherent vision of a globaI rule-of-law and ethics-of-principle for the world community’s rights correlative to MNC obligations while accomodating the indeterminate and contestable nature of interpretations of such textually-based directives.
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  25. Timothy Andrew Orville Endicott (2000). Vagueness in Law. Oxford University Press.score: 225.0
    Vagueness in law can lead to indeterminacies in legal rights and obligations. This book responds to the challenges that those indeterminacies pose to theories of law and adjudication.
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  26. Grant Huscroft & Bradley W. Miller (eds.) (2011). The Challenge of Originalism: Theories of Constitutional Interpretation. Cambridge University Press.score: 225.0
    The essays in this volume, which includes contributions from the flag bearers of several competing schools of constitutional interpretation, provides an ...
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  27. Leo Katz (2011). Why the Law is so Perverse. University of Chicago Press.score: 225.0
    Why does the law spurn win-win transactions? -- Things we can't consent to, though no one knows why -- A parable -- Lessons -- The social choice connection -- Why is the law so full of loopholes? -- The irresistible wrong answer -- What is wrong with the irresistible answer? -- The voting analogy -- Turning the analogy into an identity -- Intentional fouls -- Why is the law so either/or? -- The proverbial rigidity of the law -- Line drawing (...)
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  28. Susanna Lindroos-Hovinheimo (2012). Justice and the Ethics of Legal Interpretation. Routledge.score: 225.0
    The shared nature of language -- Derrida on language and meaning -- Reading the law : hermeneutics and deconstruction -- The ethics of language -- Uncertain justice.
     
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  29. H. G. Callaway (2012). Review of Cassese, Five Masters of International Law. [REVIEW] Law and Politics Book Review 22 (1):154-161.score: 222.0
    Focused on five prominent scholars of international law, and casting light on the related institutions which frequently engaged them, the present book provides insight into chief currents of international law during the last decades of the twentieth century. Spanning the gap, in some degree, between Anglo-American and continental approaches to international law, the volume consists of short intellectual portraits, combined with interviews, of selected specialists in international law. The interviews were conducted by the editor, Antonio Cassese, (...)
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  30. Anthony Reeves (2014). The Binding Force of Nascent Norms of International Law. Canadian Journal of Law and Jurisprudence 28 (1):145-166.score: 222.0
    Demonstrating that a developing norm is not yet well established in international law is frequently thought to show that states are not bound by the norm as law. More precisely, showing that a purported international legal norm has only limited support from well-established international legal sources is normally seen as sufficient to rebut an obligation on the part of subjects to comply with the norm in virtue of its legal status. I contend that this view is mistaken. (...)
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  31. Anthony Reeves (2010). The Moral Authority of International Law. APA Newsletter on Philosophy and Law 10 (1):13-18.score: 222.0
    How should international law figure into the practical reasoning of agents who fall under its jurisdiction? How should the existence of an international legal norm regulating some activity affect a subject’s decision-making about that activity? This is a question concerning the general moral authority of international law. It concerns not simply the kind of authority international law claims, but the character of the authority it actually has. An authority, as I will use the term, is moral (...)
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  32. Allen E. Buchanan (2004). Justice, Legitimacy, and Self-Determination: Moral Foundations for International Law. Oxford University Press.score: 216.0
    This book articulates a systematic vision of an international legal system grounded in the commitment to justice for all persons. It provides a probing exploration of the moral issues involved in disputes about secession, ethno-national conflict, "the right of self-determination of peoples," human rights, and the legitimacy of the international legal system itself. Buchanan advances vigorous criticisms of the central dogmas of international relations and international law, arguing that the international legal system should make justice, (...)
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  33. Daniel Butt (2009). ‘Victors’ Justice’? Historic Injustice and the Legitimacy of International Law. In Lukas H. Meyer (ed.), Legitimacy, Justice and Public International Law. Cambridge Univeristy Press. 163.score: 216.0
  34. David Copp (1998). International Law and Morality in the Theory of Secession. Journal of Ethics 2 (3):219-245.score: 216.0
    In order responsibly to decide whether there ought to be an international legal right of secession, I believe we need an account of the morality of secession. I propose that territorial and political societies have a moral right to secede, and on that basis I propose a regime designed to give such groups an international legal right to secede. This regime would create a procedure that could be followed by groups desiring to secede or by states desiring to (...)
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  35. Samantha Besson & John Tasioulas (eds.) (2010). The Philosophy of International Law. Oxford University Press.score: 216.0
    The other contributions address philosophical problems arising in specific domains of international law, such as human rights law, international economic law, ...
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  36. Robert E. Goodin (2005). Toward an International Rule of Law: Distinguishing International Law-Breakers From Would-Be Law-Makers. [REVIEW] Journal of Ethics 9 (1-2):225 - 246.score: 216.0
    An interesting fact about customary international law is that the only way you can propose an amendment to it is by breaking it. How can that be differentiated from plain law-breaking? What moral standards might apply to that sort of international conduct? I propose we use ones analogous to the ordinary standards for distinguishing civil disobedients from ordinary law-breakers: would-be law-makers, like civil disobedients, must break the law openly; they must accept the legal consequences of doing so; and (...)
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  37. Virginia Held (2011). Morality, Care, and International Law. Ethics and Global Politics 4 (3).score: 216.0
    Whether we should respect international law is in dispute. In the United States, international law is dismissed by the left as merely promoting the interests of powerful states. It is attacked by the right as irrelevant and an interference with the interests and mission of the United States. And it follows from the arguments of many liberals that in the absence of world government the world is in a Hobbesian state of nature and international law inapplicable. This (...)
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  38. Anna Goppel & Anne Schwenkenbecher (2012). Philosophy and International Law: Reflections on Interdisciplinary Research Into Terrorism. Ancilla Iuris 111.score: 216.0
    This essay investigates the possibilities and limits of interdisciplinary research into terrorism. It is shown that approaches that combine philosophy and international law are necessary, and when such an approach needs to be adopted. However, it is also important not to underestimate how much of a challenge is posed by the absence of agreement concerning the definition of terrorism, and also by the structural differences in the way the two disciplines address the problem and formulate the issues. Not least, (...)
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  39. Jack L. Goldsmith (2007). The Limits of International Law. Oxford University Press.score: 216.0
    A theory of customary international law -- Case studies -- A theory of international agreements -- Human rights -- International trade -- A theory of international rhetoric -- International law and moral obligation -- Liberal democracy and cosmopolitan duty.
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  40. Jennifer Beard (2006). The Political Economy of Desire: International Law, Development and the Nation State. Routledge-Cavendish.score: 216.0
    This book offers an intelligent and thought-provoking analysis of the genealogy of Western capitalist 'development'. Jennifer Beard departs from the common position that development and underdevelopment are conceptual outcomes of the Imperialist Era and positions the genealogy of development within early Christian writings in which the western theological concepts of sin, salvation, and redemption are expounded. In doing so, she links the early Christian writings of theologians such as Augustine and , Anselm and Abelard to the processes of modern identity (...)
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  41. Alfred P. Rubin (1997). Ethics and Authority in International Law. Cambridge University Press.score: 216.0
    The specialised vocabularies of lawyers, ethicists, and political scientists obscure the roots of many real disagreements. In this book, the distinguished American international lawyer Alfred Rubin provides a penetrating account of where these roots lie, and argues powerfully that disagreements which have existed for 3,000 years are unlikely to be resolved soon. Current attempts to make 'war crimes' or 'terrorism' criminal under international law seem doomed to fail for the same reasons that attempts failed in the early nineteenth (...)
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  42. Fernando R. Tesón (1998). A Philosophy of International Law. Westview Press.score: 216.0
    Why should sovereign states obey international law? What compels them to owe allegiance to a higher set of rules when each country is its own law of the land? What is the basis of their obligations to each other? Conventional wisdom suggests that countries are too different from one another culturally to follow laws out of mere loyalty to each other or a set of shared moral values. Surely, the prevailing view holds, countries act simply out of self-interest, and (...)
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  43. Edward McWhinney, Sienho Yee & Jacques-Yvan Morin (eds.) (2009). Multiculturalism and International Law: Essays in Honour of Edward Mcwhinney. Martinus Nijhoff Publishers.score: 216.0
    This volume examines the role and influence of multiculturalism in general theories of international law; in the composition and functioning of international ...
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  44. Roger Simonds (1995). Rational Individualism: The Perennial Philosophy of Legal Interpretation. Rodopi.score: 216.0
    Since this book is a cross-disciplinary study in philosophy and legal history, it may present some problems for readers who come to it with strong interests ...
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  45. Saulius Katuoka (2012). The Concept and Legal Personality of National Minorities in International Law. Jurisprudence 19 (3):1187-1199.score: 216.0
    The study analyses the issues of protection of national minorities from the perspective of international law. The study consists of three parts. In the first part, the author reveals the understanding of a national minority on the basis of objective and subjective features. This part focuses on such problematic issues as national minorities and citizenship, non-dominant position of a national minority. The second part of the study concentrates on international minorities as subjects of international law. The author (...)
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  46. Saulius Katuoka (2013). On the Issue of Relationship of the European Union and International Law. Jurisprudence 20 (3):841-854.score: 216.0
    The paper analyses the relevant issue of the relationship of international law and European Union law. Therefore, independent systems of law exist, which inevitably arise the issue of relationship and interaction of these systems. Legal literature analyses the question of the relationship of these two systems of law on the basis of various aspects. The author has chosen the following structure of the paper: first, the general problem of the relationship of international and European Union law is discussed. (...)
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  47. Heather M. Smith (2011). Sex Trafficking: Trends, Challenges, and the Limitations of International Law. [REVIEW] Human Rights Review 12 (3):271-286.score: 216.0
    The passage of the UN Protocol to Prevent, Suppress, and Punish Trafficking in Persons, Especially Women and Children in 2000 marked the first global effort to address human trafficking in 50 years. Since the passage of the UN Protocol international organizations, non-governmental organizations, and individual states have devoted significant resources to eliminating human trafficking. This article critically examines the impact of these efforts with reference to the trends, political, and empirical challenges in data collection and the limitations of (...) law. I argue that current international law disproportionately addresses the criminal prosecution of traffickers at the expense of trafficking victims’ human rights, and has therefore not yet reached its full potential in the fight against human sex trafficking. (shrink)
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  48. Boaz Cohen (1959/1969). Law and Tradition in Judaism. New York, Ktav Pub. House.score: 216.0
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  49. Jacques De Ville (2011). Jacques Derrida: Law as Absolute Hospitality. Routledge.score: 216.0
  50. Stefan Kirchner & Birutė M. Salinaitė (2013). The Iranian Threat to Close the Strait of Hormuz: A Violation of International Law? Jurisprudence 20 (2):549-567.score: 216.0
    Along with the Strait of Malacca and the Singapore Straits, the Strait of Hormuz is arguably the most important bottleneck in international navigation because a large part of the global oil production needs to be shipped through this passage, which is only a few kilometers wide. In the context of the dispute about Iran’s nuclear program and new sanctions, Iran has threatened to close the Strait of Hormuz for international shipping, effectively cutting off many Western countries from important (...)
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