Search result: 29 articles

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Giuseppe Martinico
Lecturer in Law at the University of Pisa; PhD, Sant'Anna School of Advanced Studies, Pisa. I would like to thank Emanuele Pollio for his comments and Andrea Serafino and Alberto Montagner for their help in preparing a preliminary version of this work.

Talia Einhorn
Visiting Professor of Law, Indiana University School of Law - Indianapolis

The Rt. Hon. Lord Justice Thorpe
Head of International Family Justice for England and Wales.

Pascal Hachem ACIArb
Referendar (Freiburg im Breisgau, Deutschland), Research and Teaching Assistant, Senior Assistant Global Sales Law, Chair of Private Law (Prof. Dr. Ingeborg Schwenzer, LL.M.), Faculty of Law, University of Basel, Switzerland

Giuseppe Martinico
Lecturer in Law, University of Pisa, Center for Peace Studies, STALS Senior Assistant Editor (www.stals.sssup.it), Visiting Research Fellow, King's College London, Centre of European Law

Jonathan Teasdale
LL.B., LL.M., LARTPI, FRSA, Barrister. The author is presently a lawyer within the Statute Law Repeals team at the Law Commission for England and Wales, although responsibility for the content of this article lies solely with the author, and the article does not purport in any way to reflect the views of the Law Commission.

La Toya James
Crown Counsel, Government of the Virgin Islands, Road Town, Tortola, British Virgin Islands.

Gogontle Keneilwe Gatang
Gogontle Keneilwe Gatang is a Legislative Drafter in the Legislative Drafting Division of the Attorney General's Chambers in Botswana. The views in this paper are solely that of the writer and not of the Attorney General's Chambers.

Marta Simoncini

Hannes Rösler
Dr. iur. (Marburg), LL.M. (Harvard), Senior Research Fellow, Max Planck Institute for Comparative and International Private Law, Hamburg, Germany. The article is based on a talk given by the author at a conference in Skopje, Former Yugoslav Republic of Macedonia, as an expert of the German Foundation for International Legal Cooperation (IRZ-Stiftung).

Giuseppe Martinico

Oreste Pollicino

Vincenzo Sciarabba
Paragraphs B and D have been written by Giuseppe Martinico (STALS Senior Assistant Editor, Scuola Superiore Sant'Anna); paragraphs C and F by Oreste Pollicino (Associate Professor in Comparative Public Law, Bocconi University, Milan); paragraphs A and E by Vincenzo Sciarabba (Post-doc Researcher in Comparative Public Law, University of Pavia). For the idea of the “untouchable core” see, N. Lavranos, Revisiting Article 307 EC: The Untouchable Core of Fundamental European Constitutional Law Values, in F. Fontanelli, G. Martinico & P. Carrozza, (Eds.), Shaping Rule of Law Through Dialogue: International and Supranational Experiences (forthcoming).

Christiana Prof. Dr. iur. Fountoulakis
Fribourg

Delia Ferri
Dr. in European and Italian Constitutional Law (University of Verona), Registered Attorney at Law (Verona Bar)

Ingeborg Schwenzer
Dr. iur., Prof. of Private Law, University of Basel, Switzerland.

Pascal Hachem
Dr. iur., Research Assistant and Lecturer, University of Basel, Switzerland.
Article

Access_open ‘The Soviet Union did not have a legal system’

An interview with Jeremy Waldron on the methodology debate, historic injustice and the citation of foreign law

Journal Netherlands Journal of Legal Philosophy, Issue 1 2009
Keywords normative positivism, historic injustice, restitution of property rights, citation of foreign law, methodology debate
Authors Kees Quist and Wouter Veraart
AbstractAuthor's information

    This interview with Jeremy Waldron covers three topics. Firstly, we dealt with the methodology debate, that is, the discussion about how to proceed in analyzing the nature of law. Does the question ‘What is law?’ require a descriptive analysis of the concept of law or, rather, a normative exercise in political philosophy? Secondly, we spoke about the role of law in response to historic injustice, especially in relation to the restitution of property rights. On this topic Waldron vindicates the ‘supersession-thesis’, the idea that, due to changed circumstances and the passage of time, historic injustices become superseded. The third section of the interview is devoted to Waldron’s perspective on the citation of foreign law by national judges.


Kees Quist
Kees Quist is junior lecturer and PhD fellow at Utrecht Law School.

Wouter Veraart
Wouter Veraart is professor of Legal Philosophy at the VU University Amsterdam.

Charles Vlek
Charles Vlek is professor emeritus of environmental psychology and decision research in the Faculty of Behavioural and Social Sciences, Groningen University, Groningen The Netherlands; <c.a.j.vlek@rug.nl>. The author has profited from a three-year period of chairing an advisory committee of the Health Council of The Netherlands (see Health Council, ‘Voorzorg met Rede’ [Precaution with Reason] no. 2008/18 (The Hague: Gezondheidsraad 2008)). Special thanks are due to staff members Wim Passchier, Nienke van Kuijeren, and Harrie van Dijk, and to the various committee members. However, since the views and conclusions in the present paper also result from substantial additional work, they are the personal responsibility of the author.
Article

Access_open How Should the ICC Office of the Prosecutor Choose its Cases?

The Multiple Meanings of ‘Situational Gravity’

Journal Hague Justice Journal, Issue 1 2009
Authors Mark Osiel
Author's information

Mark Osiel
Director of International Criminal/ Humanitarian Law and Public International Law, T.M.C. Asser Instituut, The Hague.

Carsten Stahn
Dr. jur., LL.M. (NYU), LL.M. (Cologne-Paris), Associate Professor of International Criminal Law, Leiden University, Programme Director, Grotius Centre for International Legal Studies. These remarks are based on the Opening of the Academic Year at Campus Den Haag, Leiden University. Thanks are owed to Ms. Ruth Shaikh for her editorial assistance.
Article

Assessment of Recent NEO Response Strategies for the United Nations

Recent Developments in Space Law

Journal International Institute of Space Law, Issue 6 2009
Authors A.C. Charania and A. Lukaszczyk

A.C. Charania

A. Lukaszczyk

J. Hong

J. Bonin

M. Mejia-Kaiser

M. Sundahl

C. Doldirina

C. Jorgenson
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