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Author :
Publisher :
ISBN 13 : 9780702122033
Total Pages : 233 pages
Book Rating : 4.1/5 (22 download)
Download or read book Acta Juridica 1988 written by and published by . This book was released on 1988 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : National Library of Medicine (U.S.)
Publisher :
ISBN 13 :
Total Pages : 690 pages
Book Rating : 4.3/5 (91 download)
Download or read book Current Catalog written by National Library of Medicine (U.S.) and published by . This book was released on 1992 with total page 690 pages. Available in PDF, EPUB and Kindle. Book excerpt: First multi-year cumulation covers six years: 1965-70.
Author : Richard Abel
Publisher : Routledge
ISBN 13 : 1136650490
Total Pages : 670 pages
Book Rating : 4.1/5 (366 download)
Download or read book Politics By Other Means written by Richard Abel and published by Routledge. This book was released on 2015-12-22 with total page 670 pages. Available in PDF, EPUB and Kindle. Book excerpt: Politics by Other Means explores the fundamental question of how law can constrain political power by offering a pathbreaking account of the triumphant final decade of the struggle against apartheid. Richard Abel presents case studies of ten major legal campaigns including: challenges to pass laws; black trade union demands for recognition; state terror; censorship; resistance to the "independent" homelands; and treason trials.
Author :
Publisher :
ISBN 13 :
Total Pages : 472 pages
Book Rating : 4.F/5 ( download)
Download or read book Bibliographic Guide to Law written by and published by . This book was released on 1991 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : P. H. G. Vrancken
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004210059
Total Pages : 569 pages
Book Rating : 4.0/5 (42 download)
Download or read book South Africa and the Law of the Sea written by P. H. G. Vrancken and published by Martinus Nijhoff Publishers. This book was released on 2011-08-25 with total page 569 pages. Available in PDF, EPUB and Kindle. Book excerpt: South Africa and the Law of the Sea brings together the many threads of the rich South African marine-law tapestry by covering both the public international law as context and the details of South African marine law and policy within their African framework.
Author : Catherine Dupré
Publisher : Hart Publishing
ISBN 13 : 1841131318
Total Pages : 239 pages
Book Rating : 4.8/5 (411 download)
Download or read book Importing the Law in Post-Communist Transitions written by Catherine Dupré and published by Hart Publishing. This book was released on 2003-03-14 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a unique study of the birth of a new legal system after the collapse of communism in Central and Eastern Europe.
Author : Janet McLean
Publisher : Bloomsbury Publishing
ISBN 13 : 1847313078
Total Pages : 296 pages
Book Rating : 4.8/5 (473 download)
Download or read book Property and the Constitution written by Janet McLean and published by Bloomsbury Publishing. This book was released on 1999-07-01 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this set of essays,public lawyers, property lawyers and legal philosophers examine the public dimensions of private property. At a time when governments across the globe are privatising formerly public property, the public forum is being replaced by the privately owned shopping mall, and an increasing range of interests are being described as 'property', an examination of the powers which attach to ownership becomes all the more pressing. The contributors consider whether property is a human right, its role in making responsible citizens, its relationship to freedom of speech and other values, the proper scope of constitutional protections of private property, impediments to the redistribution of property, and attempts to redress historical wrongs by property settlements to indigenous people. Taking a richly comparative perspective, examples have been drawn from jurisdictions as diverse as the United Kingdom, South Africa, Germany, the United States, and New Zealand. Contributors: Janet McLean (ed), Kevin Gray, Susan Francis Gray, Geoffrey Samuel, J W Harris, Gregory Alexander, Andre van der Walt, Tom Allen, Jeremy Waldron, Maurice Goldsmith, Alex Frame, John Dawson, Michael Robertson.
Author : Pontian N. Okoli
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403511125
Total Pages : 356 pages
Book Rating : 4.4/5 (35 download)
Download or read book Promoting Foreign Judgments written by Pontian N. Okoli and published by Kluwer Law International B.V.. This book was released on 2019-10-07 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: In many African countries, litigants experience significant uncertainty in their attempts to enforce foreign judgments. Drawing on the experiences of the United Kingdom and the United States (vis-à-vis efforts to attain an effective global legal framework on foreign judgments), this book undertakes a comparative analysis of how South African and Nigerian courts can promote the recognition and enforcement of foreign judgments in a fair manner. This comparative analysis is made considering both African countries as paradigms of their respective legal traditions. The author, a legal consultant and academic in private international law analyses, stage by stage, the challenging process that litigants face when they seek to enforce foreign judgments in South Africa and Nigeria. This analysis includes insightful consideration of broader issues such as the following: how challenges faced by judgment creditors may be circumvented; practical issues impeding the free movement of foreign judgments; impact of globalisation, increase in international commercial transactions, and regionalism on private international law; application of ‘fairness’; how territorial sovereignty and State interests in international commerce impede the free movement of foreign judgments; and ‘qualified obligation’, under which courts would presumptively enforce foreign judgments subject to certain exceptions and to the balancing of competing interests between private litigants and the State. The comparative analysis is undergirded by relevant case law – spanning decades in Africa and centuries in Europe and the United States. In summary, the author projects a clear case for predictability and certainty in the recognition and enforcement of foreign judgments, as well as how to go about it, thus offering lawyers a strategic position to weigh their options in contemplating enforcement of foreign judgments in any jurisdiction even beyond the African region. This innovative approach will also be of particular value to policymakers at national levels, international and regional economic organisations, as well as scholars in private international law and international commercial law generally. This is regardless of their specific legal area or niche, especially considering the dearth of literature in African private international law.
Author : Hanri Mostert
Publisher : Springer Science & Business Media
ISBN 13 : 9783540430063
Total Pages : 676 pages
Book Rating : 4.4/5 (3 download)
Download or read book The Constitutional Protection and Regulation of Property and Its Influence on the Reform of Private Law and Landownership in South Africa and Germany written by Hanri Mostert and published by Springer Science & Business Media. This book was released on 2002 with total page 676 pages. Available in PDF, EPUB and Kindle. Book excerpt: One: Research Question, Terminology and Methodology.- 1: Introduction.- 1. An Introduction to the Basic Problems.- 2. Objectives of Research.- 2.1. Motivation.- 2.2. Legal Comparison.- 2.3. Delimitation.- 3. Practical Significance of Research.- 4. Inquiry Outline.- 2: Terminology.- 1. Possible Terminological Difficulties.- 2. Ownership and Property.- 2.1. Ideological Concept.- 2.2. Legal Concept.- 2.2.1. Private Law Terminology.- 2.2.2. Terminology of the Constitution.- 2.2.3. Terminology of Reform.- 2.2.4. Polarisation of the Private Law Property and Constitutional Property.- 3. Public Interest, Common Weal and Public Purposes.- 3.1. Public Interest and Common Weal in the Constitutional Context.- 3.2. Public Interest, Public Purposes and the Property Clauses.- 3.2.1. Public Interest, Public Purposes and Expropriation.- 3.2.2. Public Interest, Public Purposes and Land Reform.- 4. The Relationship between Property and Public Interest.- 3: Legal Comparison and the Course of Inquiry.- 1. Legal Comparison as Method of Analysis.- 2. Comparative Analysis as Constitutional Directive.- 3. Possibilities for Legal Comparison.- 4. Similarities in the German and South African Property Orders.- 4.1. Bases of the Legal Systems and their Material Law.- 4.2. Corresponding Legal Problems.- 4.3. Comparable Legal Methods.- 4.4. Constitutional Principles.- 5. Differences between the German and South African Systems of Property Law.- 5.1. Drafting Circumstances.- 5.2. Wording of South African and German Property Clauses.- 6. Course of Inquiry.- Two: Background to the Constitutional Protection of Property in Germany and South Africa.- 4: The Drafting Histories of the South African and German Constitutional Property Clauses.- 1. Relevance of an Historical Inquiry.- 2. Germany: Development of Property Protection Under a Constitution.- 2.1. Historical Background of article 14 GG.- 2.1.1. First Attempts at Constitutional Protection of Property.- 2.1.2. Property Protection in the Weimar Republic and Under National-Socialism.- 2.1.3. Circumstances Influencing the Drafting of article 14 GG.- 2.1.4. Constitutional Property Protection in a Reunified Germany.- 2.2. Relevance of article 14 GG for the German Property Order.- 3. South Africa: Negotiating a Constitutional Property Clause.- 3.1. Historical Background to the Property Clauses.- 3.1.1. The Inclusion of a Property Guarantee in the Constitution.- 3.1.2. Compromises Incorporated in Section 28 IC and Section 25 FC.- 3.1.3 Certification of Section 25 FC.- 3.2. Relevance of the Constitutional Property Clauses for the South African Property Order.- 4. Constitutionalism and Socio-economic Needs.- 5: Structure of the Constitutional Protection and Regulation of Property in Germany and South Africa.- 1. External Aspects of the Constitutional Property Clauses.- 2. "Positive" and "Negative" Guarantees.- 2.1. The German Property Guarantee.- 2.2 The South African Property Guarantees.- 2.2.1. Section 28 IC.- 2.2.2. Section 25 FC.- 2.3. Legal-comparative Evaluation.- 3. Basic Structure of an Inquiry into the Constitutional Property Clause.- 3.1. Structure of Human Rights Litigation in General.- 3.2. Substantive Issues Relating to the Property Clause.- 3.2.1. Claims Arising from the Constitutional Property Clause.- 3.2.1.1. The Claim to Have Property.- 3.2.1.2. Eligibility to Hold Property.- 3.2.1.3. Insulation of Private Property from State Interference.- 3.2.1.4. Immunity against Uncompensated Expropriation.- 3.2.2. Stages of Inquiries Based on the Constitutional Property Clause.- 3.2.2.1. Inquiries into the Constitutional Validity of an Interference with Property.- 3.2.2.1.1. "Threshold Question".- 3.2.2.1.2. Infringement Question.- 3.2.2.1.3. Justifiability.- 3.2.2.2. Inquiries Regarding the Payment of Compensation.- 3.2.3. Summary: Object of Protection and Nature of Limitation.- 3.3. The Structure of the Judicial System and its Relevance for a Constitutional Property Inquiry.- 3.3.1. The South African Judicia...
Author : Johan Van der Walt
Publisher : CRC Press
ISBN 13 : 1134233825
Total Pages : 296 pages
Book Rating : 4.1/5 (342 download)
Download or read book Law and Sacrifice written by Johan Van der Walt and published by CRC Press. This book was released on 2014-06-11 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the wake of apartheid, Law and Sacrifice draws on the uniquely expansive protection of fundamental rights now entrenched in the South African Constitution to outline a new theory of law. The South African Constitution not only protects the rights of people against abuses of power by the state, but also against abuses of power by private legal subjects. Drawing upon the work of contemporary thinkers such as Martin Heidegger, Hannah Arendt, George Bataille, Jacques Derrida Emmanuel Levinas and Jean-Luc Nancy, the author elicits the radical democratic potential of this 'horizontal' notion of rights. Johan van der Walt argues that apartheid must be understood as more than a racist abuse of power, and here he articulates its 'sacrificial logic'. It is in going beyond this logic, he maintains, that the truly democratic potential of the South African Constitution can be understood: in a radical formal and substantive equality that offers the legal basis for rethinking a post-apartheid future. Combining a rigorous theoretical understanding with a subtle political engagement, Law and Sacrifice is a dazzling interrogation of the limits and possibilities of democratic pluralism. It will be of interest to political and legal theorists as well as to those who are concerned with South African law and politics.
Author : Juliane Kokott
Publisher : BRILL
ISBN 13 : 9004638288
Total Pages : 315 pages
Book Rating : 4.0/5 (46 download)
Download or read book The Burden of Proof in Comparative and International Human Rights Law written by Juliane Kokott and published by BRILL. This book was released on 2023-12-28 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores how courts decide, or ought to decide, in situations of uncertainty. A Court must always decide the case before it, even if the relevant facts remain unclear. The question then arises which party benefits and which party is burdened by that uncertainty. In these cases, the Court must apply the rules on the burden of proof or, more precisely, the burden of persuasion. Their importance for the individual claimant is obvious. The comparison of two domestic systems (one based on common law and the other a traditional code-based legal order) with regard to the issue of burden of proof helps to clarify the terminology and lays the ground for dealing with the burden of proof in international human rights law. Without knowing what can be understood by the term `burden of proof' under domestic law, international lawyers with different domestic law backgrounds are in danger of misunderstanding each other. This may lead to obscuring the problems connected with court decisions involving uncertainty. The study also deals with uncertainties with regard to legislative (general) in contrast to adjudicative (individual) facts and with uncertainties in the framework of predictions in contrast to uncertainties relating to historic facts. It attempts to prepare the ground for dealing more consciously and more consistently with problems of uncertainty in international human rights law. International courts, due to their geographical and cultural distance from the case, usually have less access to the underlying facts. Nevertheless, in order to protect human rights effectively, international courts and tribunals cannot always restrict themselves to reviewing the law, but may also have to decide on the facts. Thus issues relating to decision-making on the basis of uncertain facts, including the burden of persuasion, are even more important in international than in domestic human rights law.
Author : C.E.F. Rickett
Publisher : Bloomsbury Publishing
ISBN 13 : 184731709X
Total Pages : 319 pages
Book Rating : 4.8/5 (473 download)
Download or read book Structure and Justification in Private Law written by C.E.F. Rickett and published by Bloomsbury Publishing. This book was released on 2008-02-27 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: Peter Birks's tragically early death, and his immense influence around the world, led immediately to the call for a volume of essays in his honour by scholars who had known him as a colleague, teacher and friend. One such volume, published in 2006, contained essays largely from scholars working in England (Mapping the Law: Essays in Memory of Peter Birks, edited by Andrew Burrows and Lord Rodger). This volume contains the essays of those outside England who chose to honour Peter, and appears later than the English volume, reflecting the far flung habitations of its authors. The essays contained in this volume are focussed around the law of unjust enrichment, but are not narrowly preoccupied - instead they move freely from unjust enrichment to some of the most profound questions in private law concerning taxonomy, the relationship between contract, property and unjust enrichment, and the place of remedies within private law. This volume, featuring the work of some of the world's great private lawyers, provides a fitting tribute to a great scholar, and a series of thought-provoking essays inspired by his example. Contributors Kit Barker Michael Bryan Peter Butler Hanoch Dagan Simone Degeling Daniel Friedmann Mark Gergen Ross Grantham Steve Hedley John McCamus Mitchell McInnes Eoin O'Dell Charles Rickett Struan Scott Emily Sherwin Stephen Smith Richard Sutton Michael Tilbury Stephen Waddams Peter Watts Ernest Weinrib Eric Descheemaeker
Author : Mike Brogden
Publisher : Routledge
ISBN 13 : 1134889461
Total Pages : 248 pages
Book Rating : 4.1/5 (348 download)
Download or read book Policing for a New South Africa written by Mike Brogden and published by Routledge. This book was released on 2005-08-04 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1993. Routledge is an imprint of Taylor & Francis, an informa company.
Author :
Publisher :
ISBN 13 :
Total Pages : 346 pages
Book Rating : 4.3/5 ( download)
Download or read book Current Publications in Legal and Related Fields written by and published by . This book was released on 1990 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Peter Whelan
Publisher : Oxford University Press, USA
ISBN 13 : 0199670064
Total Pages : 403 pages
Book Rating : 4.1/5 (996 download)
Download or read book The Criminalization of European Cartel Enforcement written by Peter Whelan and published by Oxford University Press, USA. This book was released on 2014 with total page 403 pages. Available in PDF, EPUB and Kindle. Book excerpt: The challenges facing the criminalization of cartel activity in the EU are threefold: theoretical, legal, and practical. This book analyses these crucial challenges so that the complexity of the process of European antitrust criminalization can be accurately understood.
Author : Jeffrey A. Schoenblum
Publisher : CCH
ISBN 13 : 9780808091387
Total Pages : 2896 pages
Book Rating : 4.0/5 (913 download)
Download or read book Multistate and Multinational Estate Planning 2008 written by Jeffrey A. Schoenblum and published by CCH. This book was released on 2007 with total page 2896 pages. Available in PDF, EPUB and Kindle. Book excerpt: Multistate and Multinational Guide to Estate Planning analyzes the legal aspects of individual wealth transfers across state and national boundaries. In addition, the Guide seeks to develop workable strategies for the attorney involved with a multijurisdictional client. Planning is a central concern of Multistate and Multinational Guide to Estate Planning. The set is divided into six parts. The first is an overview of the topic. Part II is concerned with professional issues, particularly malpractice problems across state and national lines. Part III investigates the ties that influence which law is chosen to resolve legal questions that arise in the multijurisdictional setting. Part IV addresses specific restrictions on testamentary freedom. Part V deals with the intricacies of choice of law involving wills, trusts and estates. Part VI addresses tax matters at the multistate and multinational levels.
Author : Paul B. Rich
Publisher : Springer
ISBN 13 : 1349247723
Total Pages : 316 pages
Book Rating : 4.3/5 (492 download)
Download or read book Reaction and Renewal in South Africa written by Paul B. Rich and published by Springer. This book was released on 2016-07-27 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is a timely survey of the changes that have been occurring in South African politics and society since the unbanning of the exile liberation movements in 1990. It brings together a collection of seasoned scholars who examine the debates over changes in such areas as the economy, the state, the legal system, the position of women and foreign relations. The volume explores the forces pushing for radical change in South African society as well as those resisting it and is particularly notable for bringing a political science perspective to bear on such issues as the restructuring of government and the constitution.
