Download or read book Filiation and the Protection of Parentless Children written by Nadjma Yassari and published by Springer. This book was released on 2019-07-03 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains selected contributions presented during the workshop “Establishing Filiation: Towards a Social Definition of the Family in Islamic and Middle Eastern Law?”, which was convened in Beirut, Lebanon in November 2017. Filiation is a multifaceted concept in Muslim jurisdictions. Beyond its legal aspect, it encompasses the notion of inclusion and belonging, thereby holding significant social implications. Being the child of someone, carrying one’s father’s name, and inheriting from both parents form important pillars of personal identity. This volume explores filiation (nasab) and alternative forms of a full parent-child relationship in Muslim jurisdictions. Eleven country reports ranging from Morocco to Malaysia examine how maternal and paternal filiation is established – be it by operation of the law, by the parties’ exercise of autonomy, such as acknowledgement, or by scientific means, DNA testing in particular – and how lawmakers, courts, and society at large view and treat children who fall outside those legal structures, especially children born out of wedlock or under dubious circumstances. In a second step, alternative care schemes in place for the protection of parentless children are examined and their potential to recreate a legal parent-child relationship is discussed. In addition to the countr y-specific analyses included in this book, three further contributions explore the subject matter from perspectives of premodern Sunni legal doctrine, premodern Shiite legal doctrine and the private international law regimes of contemporary Arab countries. Finally, a comparative analysis of the themes explored is presented in the synopsis at the end of this volume. The book is aimed at scholars in the fields of Muslim family law and comparative family law and is of high practical relevance to legal practitioners working in the area of international child law. Nadjma Yassari is Leader of the Research Group “Changes in God’s Law: An Inner-Islamic Comparison of Family and Succession Law” at the Max Planck Institute for Comparative and International Private Law while Lena-Maria Möller is a Senior Research Fellow at the Max Planck Institute and a member of the same Research Group. Marie-Claude Najm is a Professor in the Faculty of Law and Political Science at Saint Joseph University of Beirut in Lebanon and Director of the Centre of Legal Studies and Research for the Arab World (CEDROMA).

Download or read book The Execution of Judgments of the European Court of Human Rights written by Elisabeth Lambert-Abdelgawad and published by Council of Europe. This book was released on 2008-01-01 with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt: An important provision of the European Convention on Human Rights is that in the event of a violation being found, not only is the state in question required to redress the consequences of the violation vis-á-vis the applicant - by such means as reopening of proceedings at the origin of the violation, reversal of a judicial verdict, discontinuation of expulsion proceedings or, where necessary, payment of a monetary award to the applicant; but it must also take general measures to prevent the repetition of the violation. These latter measures may take the form, for example, of a change in legislation, recognition of the Court's judgment in national case-law, the appointment of extra judges or magistrates to absorb a backlog of cases, the construction of detention centres suitable for juvenile delinquents, the introduction of training for the police, or other similar steps. This second edition continues to examine both individual measures and general measures taken by states in accordance with the Court's judgments and with the supervisory proceedings of the Committee of Ministers, as published in its human rights (DH) resolutions.

Download or read book A Farewell to Fragmentation written by Mads Tønnesson Andenæs and published by Cambridge University Press. This book was released on 2015-10-09 with total page 605 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring the role of the International Court of Justice in the re-convergence of international law, this book contends that the court's jurisprudence is transforming traditional concepts such as sovereignty, rights and jurisdiction and in so doing is leading a trend towards the reunification of international law.

Download or read book Modernizing Patriarchy written by Katja Žvan Elliott and published by University of Texas Press. This book was released on 2015-09-01 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: Morocco is hailed by academics, international NGO workers, and the media as a trailblazer in women’s rights and legal reforms. The country is considered a model for other countries in the Middle East and North African region, but has Morocco made as much progress as experts and government officials claim? In Modernizing Patriarchy, Katja Žvan Elliott examines why women’s rights advances are lauded in Morocco in theory but are often not recognized in reality, despite the efforts of both Islamist and secular feminists. In Morocco, female literacy rates remain among the lowest in the region; many women are victims of gender-based violence despite legal reforms; and girls as young as twelve are still engaged to adult men, despite numerous reforms. Based on extensive ethnographic research and fieldwork in Oued al-Ouliya, Modernizing Patriarchy offers a window into the life of Moroccan Muslim women who, though often young and educated, find it difficult to lead a dignified life in a country where they are expected to have only one destiny: that of wife and mother. Žvan Elliott exposes their struggles with modernity and the legal reforms that are supposedly ameliorating their lives. In a balanced approach, she also presents male voices and their reasons for criticizing the prevailing women’s rights discourse. Compelling and insightful, Modernizing Patriarchy exposes the rarely talked about reality of Morocco’s approach toward reform.

Download or read book General Conditions Applicable to Loan and Guarantee Agreements written by World Bank and published by World Bank Publications. This book was released on 1995 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Principle of Proportionality in the Laws of Europe written by Evelyn Ellis and published by Hart Publishing. This book was released on 1999-03-19 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book of essays,the product of a conference held at the University of Birmingham in the spring of 1998, contains contributions from a group of extremely distinguished scholars in the fields of both public and private law. The meaning of proportionality is examined in a number of different contexts, including those of EC law, the domestic law of the Member States of the EU and the law of the European Convention on Human Rights. Its substantive content and procedural implications are analysed and contrasted, in particular, with the concept of Wednesbury unreasonableness. Its use in criminal and anti-discrimination law is also examined, as is its future likely impact in the UK after incorporation of the European Convention. Contributors: Paul Craig, Evelyn Ellis, David Feldman, Nicholas Green QC, Lord Hoffmann, Francis G. Jacobs, Jeremy McBride, Takis Tridimas, Walter van Gerven.

Download or read book EU Immigration and Asylum Law written by Kay Hailbronner and published by . This book was released on 2015-12 with total page 1500 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Heavenly Serbia written by Branimir Anzulovic and published by NYU Press. This book was released on 1999-03 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: As violence and turmoil continue to define the former Yugoslavia, basic questions remain unanswered: What are the forces behind the Serbian expansionist drive that has brought death and destruction to Croatia, Bosnia and Herzegovina, and Kosovo? How did the Serbs rationalize, and rally support for, this genocidal activity? Heavenly Serbia traces Serbia's nationalist and expansionist impulses to the legendary battle of Kosovo in 1389. Anzulovic shows how the myth of "Heavenly Serbia" developed to help the Serbs endure foreign domination, explaining their military defeat and the loss of their medieval state by emphasizing their own moral superiority over military victory. Heavenly Serbia shows how this myth resulted in an aggressive nationalist ideology which has triumphed in the late twentieth century and marginalized those Serbs who strive for the establishment of a civil society. "Modern Serbian nationalism...and its contradictory connections...have been sources of considerable scholarly interest...Branimir Anzulovic's compendium is a good example of the genre, made all the more useful by Anzulovic's excellent command of the literature." --Ivo Banac, History of Religions Author interview with CNN: http: //www.cnn.com/chat/transcripts/branimir_chat.html

Download or read book Through the Dark Continent written by Henry Morton Stanley and published by . This book was released on 1878 with total page 694 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Oxford Handbook of Comparative Constitutional Law written by Michel Rosenfeld and published by OUP Oxford. This book was released on 2012-05-17 with total page 1416 pages. Available in PDF, EPUB and Kindle. Book excerpt: The field of comparative constitutional law has grown immensely over the past couple of decades. Once a minor and obscure adjunct to the field of domestic constitutional law, comparative constitutional law has now moved front and centre. Driven by the global spread of democratic government and the expansion of international human rights law, the prominence and visibility of the field, among judges, politicians, and scholars has grown exponentially. Even in the United States, where domestic constitutional exclusivism has traditionally held a firm grip, use of comparative constitutional materials has become the subject of a lively and much publicized controversy among various justices of the U.S. Supreme Court. The trend towards harmonization and international borrowing has been controversial. Whereas it seems fair to assume that there ought to be great convergence among industrialized democracies over the uses and functions of commercial contracts, that seems far from the case in constitutional law. Can a parliamentary democracy be compared to a presidential one? A federal republic to a unitary one? Moreover, what about differences in ideology or national identity? Can constitutional rights deployed in a libertarian context be profitably compared to those at work in a social welfare context? Is it perilous to compare minority rights in a multi-ethnic state to those in its ethnically homogeneous counterparts? These controversies form the background to the field of comparative constitutional law, challenging not only legal scholars, but also those in other fields, such as philosophy and political theory. Providing the first single-volume, comprehensive reference resource, the 'Oxford Handbook of Comparative Constitutional Law' will be an essential road map to the field for all those working within it, or encountering it for the first time. Leading experts in the field examine the history and methodology of the discipline, the central concepts of constitutional law, constitutional processes, and institutions - from legislative reform to judicial interpretation, rights, and emerging trends.

Download or read book Constitutional Comparison written by François Venter and published by BRILL. This book was released on 2021-07-26 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: In our globalized era it has become impossible to deal effectively with constitutional law and related subjects such as fundamental rights, administrative law and political science without knowledge of foreign systems. A wealth of literature is available on practically all constitutional systems and the intricacies of their application. This, however, presents the constitutionalist with a formidable problem: Which foreign systems should I explore in order to make relevant comparisons, and how should I go about it? This book addresses the core problems of comparability and appropriate comparative methodology in the realm of contemporary constitutionalism. The outcome is, however, not mere theorizing. Most of the text is devoted to an incisive application of the chosen comparative method to four geographically, historically, and culturally divergent, but thoroughly comparable, constitutional systems. In the course of the comparative exercise, contemporary constitutional dogma and constitutional mechanics are analyzed and explained, in many instances in their historical contexts, making the book itself a useful source of comparative and historical information.

Download or read book Developing Cultural Identity in the Balkans written by Raymond Detrez and published by Peter Lang. This book was released on 2005 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fundamental contrast between convergent and divergent tendencies in the development of Balkan cultural identity can be seen as an important determinative both in the contradictory self-images of people in the Balkans and in the often biased perceptions of Balkan societies held by external observers, past and present. In bringing together case studies from such heterogeneous lines of research as linguistics, anthropology, political, literary and cultural history, each presenting insightful analyses of micro- as well as macro-level aspects of identity construction in the Balkans, this collection of essays provides a forum for the elucidation and critical evaluation of an intriguing paradox which continues to characterize the cultural situation in the Balkans and which, moreover, is of undeniable relevance for our understanding of recent political developments. As such, it also provides a window into the actual state of scholarly interest in the rich interdisciplinary field of Balkan studies. This book contains a selection of papers presented at the international conference «Developing Cultural Identity in the Balkans: Convergence vs. Divergence», organized by the Center for Southeast European Studies at Ghent University on 12 and 13 December 2003 in Ghent.

Download or read book Conflicts and Tensions in Islamic Jurisprudence written by Noel James Coulson and published by Chicago: The University of Chicago Press. This book was released on 1969 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt: Professor Coulson's method is to examine the principal currents of Islamic legal thought through a series of conflicting concepts. The six polarizations he has devised are revelation and reason, unity and diversity, authority and liberty, idealism and realism, law and morality, and stability and change. Although clearly relevant to general Islamic studies, this book is intended primarily as a study in comparative law. This follows the trend of recent developments in the Islamic legal system itself. In the past, Muslim law has been regarded essentially as a brand of religious studies. Now, however, it is being separated from religion and becoming a province of legal science rather than a matter of religious expertise.

Download or read book Human Rights Universality and Diversity written by Eva Brems and published by BRILL. This book was released on 2021-10-18 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Human Rights and Humanitarian Norms as Customary Law written by Theodor Meron and published by Oxford University Press on Demand. This book was released on 1991 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although the protection of human rights has seen a rapid growth in many areas, little attention has been paid in scholarly literature to the place of human rights in the discipline of international law. This book is an attempt to fill that gap. The inquiry is divided into two principal areas of discussion. Firstly, it looks at the relationship of human rights and humanitarian norms with customary law. Secondly, it concerns itself with the relationship of human rights and humanitarian norms with the law of state responsibility. The author examines how the contemporary human rights and humanitarian law meshes with the general principles of international law and particularly with the principles governing the international responsibility of States. The author clarifies the status of international human rights and humanitarian norms in public international law, and examines the sources, evidence, and process of creation of such rights.

Download or read book Bowett s Law of International Institutions written by Philippe Sands and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bowett's Law of International Institutions is the leading introduction to this complex, important and growing area of international law, with increasing significance for developments at the national level. Covering all the major global, regional and judicial institutions and all international organisations that regulate aspects of development and providing an introductory overview of the law of international organisations, including international courts and tribunals as a whole. The book offers a basic framework, insights into some of the more essential issues, and indications of where to find more detail. Bowett's is essential reading for students of international law and international relations and will also be of considerable interest to lawyers practising in the area

Download or read book International Criminal Law written by Antonio Cassese and published by . This book was released on 2015 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Critical Concepts in Law, addresses the acute need for an authoritative reference work that traces the evolution of the emerging discipline of international criminal law. The editors aver that now is the time to take stock and make some sense of the subject s dauntingly vast literature, to identify a canon, and to engage with its key concepts. This four-volume collection assembles the best scholarship from the time of Nuremberg and Tokyo to the present day.