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  1. Perlindungan Hukum Hak-Hak Anak Dan Implementasinya di Indonesia Pada Era Otonomi Daerah.S. H. Absori - 2005 - Jurisprudence 2 (1):78-88.
    Up till now, the government is considered less capable to realize the rules on children protection. Therefore the people participation become so important to be involved,they are those parties who have serious attention on children future, either religious organization, foundation or non-governmental organization. Though, all expedients that have been done up till now not yet maximal, means that the programs are commonly sectored and yet have not touch the fundamental substance of children protection.
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  2. Interpreting the Political Theory in the Practice of Human Rights.Brooke Ackerly - 2017 - Law and Philosophy 36 (2):135-153.
    In this discussion of The Heart of Human Rights, I support Allen Buchanan’s pursuit of a theory-in-practice methodology for interpreting the foundations and meaning of international legal human rights from within the practice. Following my use of that methodology, I recharacterize the theory of rights revealed by this methodology as political not moral. I clarify the import of this interpretation of international legal human rights for two problems that trouble Buchanan: whether the scope of ‘basic equal status’ is a global (...)
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  3. Institutional Legitimacy.N. P. Adams - 2017 - Journal of Political Philosophy.
    Political legitimacy is best understood as one type of a broader notion, which I call institutional legitimacy. An institution is legitimate in my sense when it has the right to function. The right to function correlates to a duty of non-interference. Understanding legitimacy in this way favorably contrasts with legitimacy understood in the traditional way, as the right to rule correlating to a duty of obedience. It helps unify our discourses of legitimacy across a wider range of practices, especially including (...)
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  4. The Comparative Perspective and the Protection of Human Rights a la Francaise.C. Adjei - 1997 - Oxford Journal of Legal Studies 17 (2):281-302.
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  5. Some Thoughts on Modern Jurisprudence.K. B. Agrawal (ed.) - 1977 - Indian Institute of Comparative Law.
    Stone, J. Thoughts on supposed "Death of law".--Krishna Iyer, V. R. Jurisprudence and jurisconscience.--Sharma, G. S. Law and social change in India.--Sharma, S. D. The concept of justice in Manu.--Chand, H. Legal values for a developing country.--Ramarao, T. S. The new international law relating to the rights and duties of States.--Sinha, B. S. Custom and customary law in Indian jurisprudence.--Mazumdar, D. L. Techno-economic structure of our industrial society.--Subrahamanian, N. Law and social change.
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  6. Reservations to Human Rights Treaties: Problematic Aspects Related to Gender Issues.Aistė Akstinienė - 2013 - Jurisprudence 20 (2):451-468.
    In this article the author analyses specific reservations that are being done to the international documents for the protection of human rights and whether Vienna Convention on the Law of the Treaties applies to those human rights treaties or not. Also, the author analyses if reservations, which are incompatible with object and purpose of the treaty, can be done or not and what consequences they might bring. For this reason the author describes the practice of the state members under the (...)
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  7. Ideology, Historiography and International Legal Theory.Oscar L. Alcantara - 1996 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 9 (1):39-79.
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  8. 'Unable to Return' in the 1951 Refugee Convention: Stateless Refugees and Climate Change.Heather Alexander & Jonathan Simon - 2014 - Florida Journal of International Law 26 (3):531-574.
    Argues that it is not only a point of literal construction, but also inherent in the object and purpose of the 1951 Refugee Convention, that displaced stateless persons unable to return to their countries of former habitual residence may be eligible for refugee status even if unpersecuted. 'Unable to return' as it occurs in the clause following the semi-colon of 1(A)2 of the 1951 Refugee Convention must be understood as a term of art subject to appropriate canons of construction in (...)
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  9. Discourse Theory and Human Rights.Robert Alexy - 1996 - Ratio Juris 9 (3):209-235.
  10. Waldron, Jeremy., “Partly Laws Common to All Mankind”: Foreign Law in American Courts.Roger P. Alford - 2013 - Review of Metaphysics 66 (3):609-610.
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  11. The Claims Resolution Tribunal and Holocaust Claims Against Swiss Banks.Roger Paul Alford - manuscript
    This article discusses the legal challenges for implementing settlements for Holocaust reparation claims to Swiss bank accounts. It specifically discusses the activities related to the settlement of these claims undertaken by the Independent Committtee of Eminent Persons (Volcker Commission). The article's first section presents historical information about Holocaust claims against Swiss banks. Specifically, it attempts to answer the question of why it has taken so long for Holocaust reparation claims against Swiss banks to be processed. The author blames this delay (...)
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  12. Promoting Multilingual Consistency for the Quality of EU Law.Lucie Pacho Aljanati - 2017 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 30 (1):67-79.
    The process of elaborating EU legislation includes the activity of translation. Drafting and translation cannot be considered separately but are rather two complementary activities whose aim is the quality of legislation. In order to achieve the required quality of legislation, one guiding principle is consistency of terminology. This study examines the particular case of two terms in German that appeared in the EC Treaty: Entscheidung and Beschluss. The inconsistent use of the two terms was the source of interpretative problems, as (...)
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  13. Theories of Compliance with International Law and the Challenge of Cultural Difference.Asher Alkoby - manuscript
    This Article reviews the literature on international legal compliance in international law (IL) and international relations (IR) literatures, and examines the extent to which the competing theories contemplate the impact of culture on state behaviour. When compared to the alternatives, the constructivist approach to compliance holds greater potential for a direct engagement with challenge of diversity, but this potential is yet to be fully realized. The constructivist reliance on acculturation, as a method of inducing conformity with legal norms assumes a (...)
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  14. Incident at Airport X: Quarantine Law and Limits.Susan M. Allan, Barret W. S. Lane, James J. Misrahi, Richard S. Murray, Grace R. Schuyler, Jason Thomas & Myles V. Lynk - 2007 - Journal of Law, Medicine & Ethics 35 (s4):117-117.
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  15. Human Rights, Specification and Communities of Inquiry.Yann Allard-Tremblay - 2015 - Global Constitutionalism 4 (2): 254-287.
    This paper offers a revised political conception of human rights informed by legal pluralism and epistemic considerations. In the first part, I present the political conception of human rights. I then argue for four desiderata that such a conception should meet to be functionally applicable. In the rest of the first section and in the second section, I explain how abstract human rights norms and the practice of specification prevent the political conception from meeting these four desiderata. In the last (...)
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  16. Norman Geras: Crimes Against Humanity: Birth of a Concept.Andrew Altman - 2016 - Criminal Law and Philosophy 10 (1):205-214.
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  17. A Defense of International Criminal Law.Andrew Altman & Christopher Heath Wellman - 2004 - Ethics 115 (1):35-67.
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  18. The Overall Function of International Criminal Law: Striking the Right Balance Between the Rechtsgut and the Harm Principles. [REVIEW]Kai Ambos - 2015 - Criminal Law and Philosophy 9 (2):301-329.
    Current International Criminal Law suffers from at least four theoretical shortcomings regarding its ‘concept and meaning’, ‘ius puniendi’, ‘overall function’ and ‘purposes of punishment’. These issues are intimately interrelated; in particular, any reflection upon the last two issues without having first clarified the ius puniendi would not make sense. As argued elsewhere, in an initial contribution towards a consistent theory of ICL, the ius puniendi can be inferred from a combination of the incipient supranationality of the value-based world order and (...)
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  19. Sir, We Can Bomb Them!Amin Ghanbari Amirhandeh - unknown
    Developing jus ad bellum outside the United Nations Charter (UNC) has met serious criticisms and challenges among lawyers and even in the practice of international tribunals; however, it has to be borne in mind that international lawyers are not solely Charter experts, on the contrary, we are bound to consider all the material sources of international law together and not necessarily under sometimes-impossibility of Charter provisions. In line with this argument, while some writers refute the very existence of the right (...)
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  20. Federalism and International Law Through the Lens of Legal Pluralism.Paul Schiff Berman and - unknown
    Sovereignty has long been the dominant lens through which we view both federalism and international law. From the perspective of sovereignty, both federalism and international law are primarily about drawing clear boundaries and demarcations between separate, autonomous power centers. Recently, however, a group of scholars have embraced a more pluralist approach to both American federalism and international law. They have touted the important virtues of jurisdictional redundancy and inter-systemic governance models in which multiple legal and regulatory authorities weigh in regarding (...)
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  21. On the Limits of Rights.Andrei Marmor - 1997 - Law and Philosophy 16 (1):1-18.
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  22. Self‐Determination And Sovereignty Over Natural Resources.Oliviero Angeli - 2016 - Ratio Juris 29 (4).
    This article makes the normative case for a differentiated approach to the sovereignty of states over natural resources. In the first half of the article, drawing on the example of the Yasuní-ITT-Initiative, I will argue that countries commit a moral wrong when they exploit natural resources for their own benefit, but that they have the moral right to do so given the current structure of the international system. In the second half of the article, I address the question of whether (...)
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  23. Antibiotics and Animal Agriculture: The Need for Global Collective Action.Jonny Anomaly - 2018 - In Michael Selgelid (ed.), Ethics and Antimicrobial Resistance. New York: Springer. pp. 1-10.
  24. Le Rayonnement International de la Société Zoologique D'Acclimatation: Participation de l'Espagne Entre 1854 Et 1861/The International Influence of the Société Zoologique D'Acclimatation: Spanish Participation Between 1854 and 1861. [REVIEW]Santiago Aragon - 2005 - Revue d'Histoire des Sciences 58 (1):169-206.
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  25. The International Influence of the Societe Zoologique D'Acclimatation: Spanish Participation Between 1854 and 1861.Santiago Aragon - 2005 - Revue d'Histoire des Sciences 58 (1).
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  26. The Role of International Law in US Constitutional Law—A Question That Might Be Posed by John Courtney Murray.Robert J. Araujo - 2007 - Journal of Catholic Social Thought 4 (1):35-58.
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  27. Debating Cosmopolitics.Daniele Archibugi & Mathias Koenig-Archibugi (eds.) - 2003 - Verso.
    Cosmopolitics, the concept of a world politics based on shared democratic values, is in an increasingly fragile state.
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  28. Jurisprudencijos Moksliškumo Kriterijai Šiuolaikinėje Teisės Filosofijoje.Saulius Arlauskas - 2009 - Jurisprudence 4 (118):247-264.
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  29. Please Don't Use Science or Mathematics in Arguing for Human Rights or Natural Law.Alberto Artosi - 2010 - Ratio Juris 23 (3):311-332.
    In the vast literature on human rights and natural law one finds arguments that draw on science or mathematics to support claims to universality and objectivity. Here are two such arguments: 1) Human rights are as universal (i.e., valid independently of their specific historical and cultural Western origin) as the laws and theories of science; and 2) principles of natural law have the same objective (metahistorical) validity as mathematical principles. In what follows I will examine these arguments in some detail (...)
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  30. Reconceptualizing Human Rights.Marcus Arvan - 2012 - Journal of Global Ethics 8 (1):91-105.
    This paper defends several highly revisionary theses about human rights. Section 1 shows that the phrase 'human rights' refers to two distinct types of moral claims. Sections 2 and 3 argue that several longstanding problems in human rights theory and practice can be solved if, and only if, the concept of a human right is replaced by two more exact concepts: (A) International human rights, which are moral claims sufficient to warrant coercive domestic and international social protection; and (B) Domestic (...)
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  31. Local Venues for Change: Legal Strategies for Healthy Environments.Marice Ashe, Lisa M. Feldstein, Samantha Graff, Randolph Kline, Debora Pinkas & Leslie Zellers - 2007 - Journal of Law, Medicine & Ethics 35 (1):138-147.
    Mounting evidence documents the extraordinary toll on human health resulting from the consumption of unhealthy food products and physical inactivity. In response to America's growing obesity problem, local policymakers have been looking for legal strategies that can be adopted in their communities to encourage healthful behaviors. In order to provide practical tools to policymakers, this article examines four possible venues for local policy change to improve the health of a community: the school environment the built environment () community facilities and (...)
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  32. The Inadequacy of Our Traditional Conception of the Duties Imposed by Human Rights.Elizabeth Ashford - 2006 - Canadian Journal of Law and Jurisprudence 19 (2).
    I argue that our traditional conception of the duties imposed by human rights is unable to acknowledge the nature of many contemporary human rights violations. The traditional conception is based on a broadly deontological view according to which human rights impose primarily negative and perfect duties, and these duties are held to be specific prohibitions on certain kinds of actions . I argue that given this conception of the nature of the duties imposed by human rights, not only claims to (...)
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  33. Formalism and the Sources of International Law: A Theory of the Ascertainment of Legal Rules.Jean D' Aspremont - 2011 - Oxford University Press.
    This book revisits the theory of the sources of international law from the perspective of formalism.
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  34. Contempt of Court: Unofficial Voices From the Dogs Australian High Court Case 1981 [Book Review].John August - 2012 - The Australian Humanist 107 (107):20.
    August, John Review(s) of: Contempt of court: Unofficial voices from the dogs Australian high court case 1981, by Jean Ely, Dissenters Press, West Melbourne 2011 $29.95.
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  35. NUkeNtėJUsio NUo NUsikalstaMos Veikos asMeNs Teisė kReiptis Į teisMą Kaip teisMiNės gyNybos RealizaviMo baUdžiaMaJaMe pRocese pRielaida.Rima Ažubalytė - 2010 - Jurisprudence 4 (122):221-244.
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  36. The Fuhrer Principle of International Law: Individual Responsibility and Collective Punishment.Larry Catá Backer - manuscript
    I offer here an extended Nietzschean joke: the necessity of error in the constitution of individual authority and communal power. Communities - the nation-state, religious communities, terrorist organizations - are arranged through a cultivation of error: mistaking causes for effects, assuming a false causality, creating an imagined causality, and assuming a free will. These errors of causation, these miscausations, have been offered as a means through which leaders or leader classes - the judge, the priest, the king, the president, the (...)
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  37. Citizenship of the European Union. Human Rights, Rights of Citizens of the Union and of Member States.Veit Michael Bader - 1999 - Ratio Juris 12 (2):153-181.
  38. Problems of Introduction of Flexibility Into Lithuanian Labour Law.Tomas Bagdanskis & Justinas Usonis - 2011 - Jurisprudence 18 (2):595-612.
    The problems of introduction of flexible work arrangements into Lithuanian labour law are analysed in the paper. Since 1990-ies Lithuania started making huge changes in its economy moving from planned (Soviet) to modern market economy. Together with these changes the employment relationship started to change as well. But after 20 years of development we still see a lack of modern view towards flexible work arrangements in labour laws. The problems of introduction of flexibility into Lithuanian employment relationship are discussed with (...)
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  39. Truth and Method in the Domestic Application of International Law.Reem Bahdi - 2002 - Canadian Journal of Law and Jurisprudence 15 (2):255-279.
    This paper presents a particular reading of Truth and Method, Hans-Georg Gadamer's landmark text, as a lens through which to consider the meaning of international texts in domestic contexts. His thoughts have remained virtually unknown within international human rights law but is highly relevant to accommodating variations in interpretation between national jurisdiction.
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  40. New Directions in Comparative Law.Antonina Bakardjieva Engelbrekt (ed.) - 2009 - Edward Elgar.
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  41. Right to Privacy V. European Commission's Expanded Power of Inspection According to Regulation 1/2003.Justina Balčiūnaitė & Lijana Štarienė - 2010 - Jurisprudence 121 (3):115-132.
    Regulation No 17: First Regulation implementing Articles 85 and 86 of the Treaty set out that in carrying out the duties assigned to it by Article 89 and by provisions adopted under Article 87 of the Treaty, the officials authorized by the EU Commission were empowered inter alia to enter any premises, land and means of transport of undertakings. Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 (...)
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  42. The Recent Developments of Latvian Model of Church and State Relationship: Constitutional Changes Without Revising of Constitution.Ringolds Balodis - 2009 - Jurisprudence 117 (3):7-19.
    The article offers a concise view on the problems related to the Church and State relationship in Latvia. The article presents the author’s hypothesis that under the new circumstances when special legal provisions apply to traditional churches, it must discussed whether the rest of religious organizations could be classified as religious societies, operating in accordance with the Law on Societies and foundations. The author also holds an opinion that it is important for every country to follow the principle of separation (...)
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  43. Practice of China's Encouragement on Capital Export and It's Protection Under International Investment Law: Lithuanian Case.Andrius Bambalas - 2013 - Jurisprudence 20 (2):749-774.
    There are various notions of capital, but in this article movement of capital is being analysed from the perspective of international investment law – a country has an asset, which it cannot exploit or do so efficiently and there is a foreigner who possesses financing, technology or know-how, which allows to develop such asset. Lithuania is a net importer of capital, thus this article analyses on what might be the asset that Lithuanian government is interested in developing through foreign investment (...)
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  44. Is It Easy to Remain Solely an Interpretator for a Court?Egidijus Baranauskas - 2009 - Jurisprudence 116 (2):201-210.
    The boundary between interpretation and creation of law is sometimes so subtle and intangible that the court judgments may give rise to discussions about judges having taken the role of lawmakers. This article reveals the concept of ‘precedent’ in the Lithuanian legal system as the influence of the common law has increased on the continental law and ideas of stare decisis have been transferred to the Lithuanian legal system. The start for this was a famous judgment of 28 March 2006 (...)
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  45. The Post.Randy Barnett - 2011 - Legal Theory 417.
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  46. Taking the Direct Route - the Irish Supreme Court Decisions in Crotty, Coughlan and McKenna (No. 2).Gavin Michael Barrett - unknown
    The manner of conduct of Constitutional referendums in Ireland has come under particularly sharp focus since the defeat of the referendum which was intended to facilitate the ratification of the Treaty of Lisbon in June 2008. The Supreme Court rulings considered in this article - Crotty v. An Taoiseach, McKenna v. An Taoiseach (No. 2) and Coughlan v. Broadcasting Complaints Commission and RTÉ combined with the failure of successive executives and legislatures to react to them in an adequate manner with (...)
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  47. The Role of NGOs in the Establishment of the International Criminal Court.Kristie Barrow - 2004 - Dialogue 2 (1):11-22.
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  48. Cultural Sovereignty, Relativism, and International Human Rights: New Excuses for Old Strategies.Anne F. Bayefsky - 1996 - Ratio Juris 9 (1):42-59.
  49. The Political Economy of Desire: International Law, Development and the Nation State.Jennifer Beard - 2006 - Routledge-Cavendish.
    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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  50. The Mythology of Human Rights.Gunnar Beck - 2008 - Ratio Juris 21 (3):312-347.
    Abstract. A special legal status is accorded to human rights within Western liberal democracies: They enjoy a priority over other human goods and are not subjected to the majoritarian principle. The underlying assumption—the idea that there are some human values that deserve special protection—implies the need for both a normative and a conceptual justification. This paper claims that neither can be provided. The normative justification is needed to support the priority of human rights over other human goods and to rank (...)
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