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, political theory and moral philosophy. The ensuing conceptual, historical and multi-disciplinary account highlights the long pedigree of the idea of citizenship, the manifold conceptions of citizenship that ... ’ The notion of ‘citizenship’ has triggered a burgeoning literature from a wide variety of disciplines, including political theory, sociology, political philosophy, and law. Notwithstanding the divergent
the UK which results in human rights black holes in British territories.46 ‘Local requirements’ operate as a Trojan Horse for political expediencies. As rightfully observed by Karel Vasak, 42 ECtHR ... Consultative Assembly that the words ‘local requirements’ might be understood as covering ‘political requirements’.47 From a legal point of view, the consideration of local requirements in the application of
Europe. Today, the rule of law is not only crucial to the correct functioning of the United Kingdom’s (UK) system of government, but also a defining element of the country’s political identity.2 Given ... international adjudication. It will do so through a political and legal analysis of the nature and extent of the country’s commitment to the most important judicial body operating at the international level, that
, political, and legal philosophy in the first decades of 1 E.g., Vincente Marotta Rangel offers an interesting account of Vittoria’s take on solidarity as related to universitas christiana in Rangel ( 2012 ... person, a social group, or a political entity such as a state) claims that she acts in a certain way out of solidarity? More importantly, what does it mean when we say that (international) law is grounded
of bodies like the CAVV keeps Dutch political institutions on their toes. Alongside the ministries, Ms. Kamminga complimented the CAVV for having become a trusted agent for relevant and useful input in ... , but might be considered too academic by politicians. In Germany, the GWD is working in a field of tension between academic freedom, political accountability and administrative constraints. As the
, custom, and congruence: rethinking the efficacy of law . In: Kramer M et al (eds) The legacy of H.L.A. Hart: legal, political, and moral philosophy . Oxford University Press, Oxford, pp 45 - 65 Schreuer C ... standpoint, rules of interpretation are neither here nor there—they fail to constrain the interpreter in any real way because interpretation is inevitably and unavoidably political; rules of interpretation
obligations, a disproportionate burden, the role of the Paris Agreement, and the political issue doctrine. This case note analyses and discusses these issues. In addition it speculates what could or should ... ) rendered the world's '“Strongest” Climate Ruling Yet', according to a headline in the New York Times.1 It upheld a judgment that the Dutch State is obliged to reduce, by the end of Human rights; Political
spectators to the event itself, while billions of viewers around the world follow it from home. Other MSEs may not achieve that viewership scale but can still have significant social, political and economic ... citizens’ and spread the message ‘that broad obligations ought to come with hosting the Games’.18 HRW’s anti-Beijing Olympics campaign focused on discrimination in the form of political repression, detention
of Political and Economic Coercion against Developing Countries, UN Doc. A/76/310, 30 August 2021. 54 Communiqué of the Coordinating Bureau of the Non-Aligned Movement in Rejection of Unilateral ... executive order sought to balance the humanitarian needs of Afghanistan with the moral and political imperative of allowing terrorist victims and their families the opportunity to have their claims to the
pertinent to the proposed investment. In some cases, due diligence extends to an investor’s duty to assess the possible risks related to the broader economic situation and socio-political background of a host ... socio-political circumstances that influenced the state’s measure.23 In assessing the investor’s expectations, tribunals consider the economic and socio-political circumstances that have affected the
, Venezuela renounced the validity of this award as a ‘political transaction carried out behind Venezuela’s back and sacrificing its legitimate rights’.35 The course of the border has implications for the
, political violence, sexual violence, xenophobia, and exclusion. The author does so with respect and solidarity. From the seminal standard of due diligence enunciated in Velásquez-Rodríguez (1988)2 by the ... , nationality, or origin. The principle of substantive equality, in this regard, has played a significant role during the last decades by opening the legal discussions to social, political, economic, and other
Collection Scheme. This raises questions under public international law as to the relationships between these competing measures. Amidst rising political pressures, this article considers the extent to which ... have more of a political than a legal weight for the EU, particularly as the latter is not an ICAO member. Nonetheless, the European Parliament was ‘deeply concerned’, ‘urging’ Member States to file
Nationality is the legal bond between a person and a state that connotes full and equal membership of the political community. Yet, in the practice of states, not everyone who is admitted as a ... gains new attention from states as a tool to counter terrorism, prompting much political, public and academic debate, the reality that this measure often applies only to particular sub-groups of citizens
Crimea and Donbas regions of Ukraine and South Ossetia and Abkhazia within Georgia. We begin by outlining the historical and political background to Russia’s invasion of Ukraine, before briefly introducing ... /Ukraine conflict. 2 The Historical and Political Background to the Invasion of Ukraine Conventional wisdom holds that the Cold War was lost by the Soviet Union. In developments famously labelled as
political uncertainty. Most books and articles focus on the ever-more holistic design and direction of the rafts. The seas on which they jounce so uncertainly (they are rafts, after all) seldom factor to any ... grain. One often sees pleas for TJ to address national inequalities without reference to the loci of the state's economic decision-making. TJ is urged to accelerate formal political change in states where
observable landscape and the state as a means of organizing a polity. This myth lingers on in international legal scholarship, although it has been debunked in other disciplines, notably in critical political ... . (Public) international lawyers can learn from their brethren in other disciplines and problematize the territorial state as a contingent political concept. Awareness of the social production of space may
UNCAC, by creating legal as well as political momentum for change. The term ‘public interest litigation’ is used in this article to refer to the vindication, by one or more states parties to a ... litigation may often be implausible, politically speaking, for a range of reasons that lie beyond the scope of this article, this piece explicitly focuses on what is possible in legal rather than political
international judicial practice and in the literature,65 the main criterion for distinguishing between unilateral acts with binding effects and those of a political nature is the author State’s intention to be ... element of intention has continued to play a major part in drawing the line between legal undertakings and mere political statements of unilateral origin.67 It is also important to mention that the element
, including modification, interpretation and subsequent state practice with regard to the procedural aspects of treaty law. According to the Stanford Encylopedia of Philosophy, in spite of challenges from a ... section of formalist philosophy in recent years, analytical jurisprudence remains the dominant approach to discussing the nature of law.10 2 Consent and the Interdependence of Sources of International Law