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Abandoning the Nationalist Framework

Kjell Å Modéer.

in The Oxford Handbook of European Legal History

July 2018; p ublished online August 2018 .

Article. Subjects: History of Law; Comparative Law. 5799 words.

This chapter is about the relations between the national legal system and the ‘other’—especially from the creation of the modern nation state in the early nineteenth century and up to...

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Abkhazia

Farhad Mirzayev.

in Self-Determination and Secession in International Law

June 2014; p ublished online August 2014 .

Chapter. Subjects: Public International Law; Comparative Law. 11783 words.

The paper covers research on the correlation of the principles of uti possidetis juris and self-determination in the case of Abkhazia. It argues that under the principle of uti possidetis,...

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Abolition of the Death Penalty in India: Legal, Constitutional, and Human Rights Dimensions

Amit Bindal and C Raj Kumar.

in Confronting Capital Punishment in Asia

November 2013; p ublished online January 2014 .

Chapter. Subjects: Human Rights and Immigration; Comparative Law. 9771 words.

This chapter analyses the debate over the abolition of the death penalty in India from the lenses of constitutional law and human rights jurisprudence. The discussions cover capital...

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Abortion

Sandra Fredman.

in Comparative Human Rights Law

November 2018; p ublished online December 2018 .

Chapter. Subjects: Comparative Law; Human Rights and Immigration. 23925 words.

——Chapter seven examines abortion. A comparative approach reveals the pivotal role of the characterization of relevant rights. Is this an issue of the right to life, to privacy, or to...

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Accountability, Parliamentarism and Transparency in the EU: The Role of National Parliaments by Adam Cygan

David Yuratich.

in Yearbook of European Law

January 2014; p ublished online August 2014 .

Journal Article. Subjects: Comparative Law; EU Law; Private International Law and Conflict of Laws; Public International Law. 827 words.

The Acquisition and Disposal of Property

Norman Doe.

in The Legal Framework of the Church of England

July 1996; p ublished online March 2012 .

Chapter. Subjects: Comparative Law. 13931 words.

Like the Roman Catholic Church, the acquisition and disposal of property in the Church of England is governed by both internal and state-made law. However, many rules created by the Church...

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Acquisition of Ownership

REINHARD ZIMMERMANN, DANIEL VISSER and KENNETH REID.

in Mixed Legal Systems in Comparative Perspective

March 2005; p ublished online March 2012 .

Chapter. Subjects: Comparative Law. 15463 words.

This chapter focuses on the law of corporeal property in Scotland and South Africa. Corporeal property is divided into movable and immovable categories. Scots law, in applying the label...

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Adame Goddard, El contrato de compraventa internacional, McGraw-Hill, Serie Jurídica, Mexico, 1994, xix + 495 p., ISBN 970-10-0507-4.

Arturo Díaz Bravo.

in Uniform Law Review

December 1996; p ublished online December 1996 .

Journal Article. Subjects: Comparative Law; Private International Law and Conflict of Laws. 0 words.

Adjudication Systems

Emma Lees.

in The Oxford Handbook of Comparative Environmental Law

May 2019; p ublished online July 2019 .

Article. Subjects: Environment and Energy Law; Comparative Law. 10653 words.

This chapter examines the role of adjudication systems in handling environmental disputes. It first considers the role of the judiciary in relation to the environment and its place within...

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The Administration and Control of Finance

Norman Doe.

in The Legal Framework of the Church of England

July 1996; p ublished online March 2012 .

Chapter. Subjects: Comparative Law. 20990 words.

The legal organisation of finance in the Church of England, like that of the Roman Catholic Church, serves four basic functions. First, the law requires the existence of prescribed funds...

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The Administration of Justice

Hiroshi Oda.

in Japanese Law

April 2009; p ublished online May 2009 .

Chapter. Subjects: Comparative Law. 8661 words.

This chapter focuses on the administration of justice in Japan. It begins with a discussion of the history of Japan's system of courts. It then discusses justice system reform, the court...

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Administrative Disputes: Taxpayers against the Government

in Measuring Judicial Independence

February 2003; p ublished online March 2013 .

Chapter. Subjects: Comparative Law. 5424 words.

Consistently, the Japanese government wins in court. Crucially, it does not win by manipulating the career judiciary to produce biased courts. Japanese judges do not enjoy better careers if...

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Administrative Law

John Bell.

in Principles of French Law

March 2008; p ublished online March 2012 .

Chapter. Subjects: Comparative Law. 16390 words.

The French make it clear in the titles of their texts on administrative law that administrative law is first and foremost about enabling the proper functioning of the administration in its...

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Administrative Law

Eva Steiner.

in French Law

March 2018; p ublished online April 2018 .

Chapter. Subjects: Comparative Law. 11267 words.

This chapter concerns French administrative law. It examines the characteristic features and principal rules, procedures, and remedies related to administrative activities. The chapter also...

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Administrative Power: Organization and Accountability

Norman Doe.

in The Legal Framework of the Church of England

July 1996; p ublished online March 2012 .

Chapter. Subjects: Comparative Law. 23624 words.

Outside the processes of legislation and adjudication, the general activities of the Church of England's structures of synodical government might be classified as administrative. The...

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Administrative Reconsideration’s Erosion of Administrative Litigation in China

Xin He.

in The Chinese Journal of Comparative Law

September 2014; p ublished online September 2014 .

Journal Article. Subjects: Comparative Law. 7118 words.

Based on an analysis of national statistics and fieldwork interviews, this article argues that administrative disputes have been channelled in two ways: first, administrative...

Affirmative Action

Daniel Sabbagh.

in The Oxford Handbook of Comparative Constitutional Law

May 2012; p ublished online November 2012 .

Article. Subjects: Law; Comparative Law; Constitutional and Administrative Law. 10451 words.

This article begins with a discussion of the constitutionalization of affirmative action and its side effects. It examines the legal underpinnings of affirmative action in two relatively...

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Africa and the Rethinking of International Investment Law

Makane Moïse Mbengue and Stefanie Schacherer.

in Comparative International Law

January 2018; p ublished online January 2018 .

Chapter. Subjects: Public International Law; Comparative Law. 10161 words.

This chapter seeks to present and to contextualize the Pan-African Investment Code (PAIC) by taking a comparative international law approach. Such approach allows us to assess whether the...

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Afterword

J. W. F. Allison.

in A Continental Distinction in the Common Law

February 2000; p ublished online January 2010 .

Chapter. Subjects: Comparative Law. 2721 words.

Procedural reform, as well as litigation and controversy about the English distinction between public and private law, continued after this book's main text was first published. This...

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Afterword

in Secrets, Sex, and Spectacle

January 2007; p ublished online March 2013 .

Chapter. Subjects: Comparative Law. 2426 words.

Now, as then, one development that often follows modern scandal is the enactment of rules to combat the evil that is assumed to have caused to it. Take corporate scandals. Sokaiya scandals...

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