Search result: 14 articles

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Year 2009 x

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.

Clyde Croft
Dr Clyde Croft SC, BEc, LLM (Monash), PhD (Cambridge), LFIAMA, FACICA, FAMINZ, Adjunct Professor of Law, Deakin University, Melbourne.

Christopher Kee
Christopher Kee, BA (Hons) LLB (Deakin), Pro Cert Arb (Adelaide), Grad Dip Laws (UQ), Barrister and Solicitor, Supreme Court (Vic), Supreme Court (NSW), High Court of Australia; Adjunct Professor City University of Hong Kong; Honorary Fellow, Deakin University, Australia; Senior Research Assistant, Global Sales Law Project, University of Basel, Switzerland. The authors wish to thank Emma-Lee Ketchell for her assistance.
Hoofdartikel

Access_open Responsibility Incorporated

Journal Netherlands Journal of Legal Philosophy, Issue 2 2009
Keywords corporate agency, corporate responsibility, collective responsibility
Authors prof. Philip Pettit
AbstractAuthor's information

    Incorporated groups include businesses, universities, churches and the like. Organized to act as single centers of agency, they also routinely satisfy the three conditions that make an agent fit to be held responsible: they face significant choices, can recognize the relative value of different options, and are able to choose in sensitivity to such values. But is it redundant to hold a corporate agent responsible for something, when certain members are also held responsible for the individual parts they play? No it is not, for it is often possible for a corporate entity to be fully fit to be held responsible, when this is not true of the individual members; they may be able to make excuses that are not available at the corporate level. Does the case made for corporate responsibility extend to unincorporated collectivities like nations or religions? Not strictly but it does explain why it may be sensible to treat those collectivities as if they had corporate responsibility in certain domains.


prof. Philip Pettit
Philip Pettit is the Laurence S. Rockefeller University Professor of Politics and Human Values at Princeton University.
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.
Article

Access_open Prevention, precaution, logic and law

The relationship between the precautionary principle and the preventative principle in international law and associated questions

Journal Erasmus Law Review, Issue 2 2009
Authors Arie Trouwborst
Author's information

Arie Trouwborst
Arie Trouwborst is a lecturer in environmental law at Tilburg University, the Netherlands.
Article

Peace in Space: A Pragmatic Approach

Peace in Space: Transparency and Confidence Building Measures

Journal International Institute of Space Law, Issue 2 2009
Authors V. Gopalakrishnan

V. Gopalakrishnan
Article

Interoperability of GNSS, Legal Issues and Implications under Private International Law

Third Party Liability Issues in Commercial Space Activities

Journal International Institute of Space Law, Issue 3 2009
Authors A.M. Mustaque

A.M. Mustaque
Article

Code of Conduct for Space Activities: Evolution or Regression?

Peace in Space: Transparency and Confidence Building Measures

Journal International Institute of Space Law, Issue 2 2009
Authors J. Monserrat Filho

J. Monserrat Filho
Article

Economic and Political Impacts of National Space Legislation in Europe

Legal Mechanisms for Encouraging Space Commerce

Journal International Institute of Space Law, Issue 4 2009
Authors M. Sánchez Aranzamendi and K.-U. Schrogl

M. Sánchez Aranzamendi

K.-U. Schrogl

P. Clerc

F. Cahuzac

T. Kosuge
Article

Brief Statement on the Legal Regime for Space Elevators

Recent Developments in Space Law

Journal International Institute of Space Law, Issue 6 2009
Authors P.B. Larsen

P.B. Larsen

Martin de Jong
Martin de Jong (w.m.dejong@tudelft.nl) works at the Faculty of Technology, Policy and Management, Delft University of Technology (Netherlands) and at the School of Management, Harbin Institute of Technology (China).

Suzan Stoter
Suzan Stoter (stoter@frg.eur.nl) works at the Department of Constitutional and Administrative Law of the Erasmus Law School in Rotterdam and is scientific director of the Centre for Law and Innovation.
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