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Author: Antoni Abat i Ninet Publisher: Taylor & Francis ISBN: 1000919315 Category : Law Languages : en Pages : 283
Book Description
This collection presents an analysis of the concept of secession and its constitutional accommodation alongside an assessment of the effects of secession in constitutional and international law. The work proposes a new approach and insights into the existing literature that fill a gap from multidisciplinary and transdisciplinary perspectives. The book approaches the topics of secession, constitutionalism, and their relationship from both theoretical and empirical perspectives, including the analysis of particular secessionist examples, such as Catalonia, the Basque Country, Tigray, the Palestinian minority in Israel, Bosnia and Herzegovina, and the Mapuche Nation, from a comparative constitutional perspective. Elucidating these issues from different methodological and conceptual perspectives produces novelties in the scientific and constitutional debate. The interplay between constitutions, constitutional law, and secession is indeed explored from philosophical, socio-legal, but also from strict constitutional law outlooks. Written by constitutional and public international law experts, the book will be of interest to students, academics, and researchers working in the areas of constitutional law, legal theory, theory of the state, philosophy of law, and political science.
Author: Antoni Abat i Ninet Publisher: Taylor & Francis ISBN: 1000919315 Category : Law Languages : en Pages : 283
Book Description
This collection presents an analysis of the concept of secession and its constitutional accommodation alongside an assessment of the effects of secession in constitutional and international law. The work proposes a new approach and insights into the existing literature that fill a gap from multidisciplinary and transdisciplinary perspectives. The book approaches the topics of secession, constitutionalism, and their relationship from both theoretical and empirical perspectives, including the analysis of particular secessionist examples, such as Catalonia, the Basque Country, Tigray, the Palestinian minority in Israel, Bosnia and Herzegovina, and the Mapuche Nation, from a comparative constitutional perspective. Elucidating these issues from different methodological and conceptual perspectives produces novelties in the scientific and constitutional debate. The interplay between constitutions, constitutional law, and secession is indeed explored from philosophical, socio-legal, but also from strict constitutional law outlooks. Written by constitutional and public international law experts, the book will be of interest to students, academics, and researchers working in the areas of constitutional law, legal theory, theory of the state, philosophy of law, and political science.
Author: Júlio Cattai Publisher: Routledge ISBN: 1000514412 Category : Political Science Languages : en Pages : 219
Book Description
The book analyzes the elite-led efforts to transform the Brazilian legal order in the period between 1930–1975 and how U.S. Power played a major role in such a process. Besides the global circulation of ideas, the book discusses the Brazilian institutional development in the period. A profound "Crisis of Civilization" marked the first decades of the century: the references of space and time vanished with the vertiginous expansion of cities and industries, while a myriad of immigrants and former slaves were alleged to be threatening the country’s traditions. Brazilian elites blamed liberalism for such a "Crisis". Based on a decade of research, this book centralizes Brazilian history in liberalism and offers a genealogy of the jurisprudential and institutional struggles to correct the culture of laissez-faire. Using archival sources, it shows the direct U.S. influence on Brazilian thought and development. Recasting the history of legal ideas in the 20th century and providing novel interpretations on major political processes, it offers a rigorous and fresh look at the development of liberalism in the country. Covering five decades of history and offering a transnational approach involving the U.S. hegemonic role in Brazil, this book will be of interest to scholars and students of law, U.S. foreign policy, area studies and international relations.
Author: Frederico Eduardo Zenedin Glitz Publisher: Frederico Glitz Consultoria Jurídica ISBN: 8591689925 Category : Law Languages : en Pages : 410
Book Description
This book adopts the proposition that it is possible to the customs to be sources of contractual obligations. To support that premise, it was necessary to seek jurisprudential (arbitration and litigation) and comparative basis. Even more, due to contract law internationalization, customary international sources should be subject of domestic treatment, as they provide contractual obligations as well as they work as contractual interpretation tool. However, one can´t neglect the need to control the customary content. In detailed terms, then, we can say that the role reserved for the custom as contractual law rules source has always been residual in Brazilian law. Accompanying the modern European experience, doctrine and Brazilian legislation emphasize the secondary, when not merely interpretive, role of the contractual custom. In turn, Brazilian case law wasn´t able to give general treatment to contractual custom. Moreover, the process of reducing distances and cultural, social and economic approximation, usually called globalization, influenced the contracts through the incorporation of a number of solutions brought from the international trade practice. Although they might be justified by the age-old principle of freedom, somehow these international "uses" insinuate themselves into Brazil to the point of requiring that the Brazilian Courts themselves to give them treatment and shelter. On one side, if you deny the existence of a creative normative role in contractual custom by another, albeit indirect, is recognized not only their existence but the possibility of foreign origin. This paradoxical treatment reflects, to some extent, another consequence: the Brazilian contract law is in the process of internationalization. Here, then, a new confrontation is announced: a broad creative freedom (a tributary of the so-called Lex mercatoria) and the foreign act incorporation control (public policy). Unlike before, however, no simplistic answer would be feasible, particularly because of the complexity of contemporary and regulatory Brazilian contract law.
Author: Jamie Benidickson Publisher: Edward Elgar Publishing ISBN: 1781002991 Category : Law Languages : en Pages : 427
Book Description
It demonstrates that a great deal has been achieved in the field of environmental law since the 1990s. However, the extraordinary environmental crises facing humanity in the 21st century indicate a continuing urgent need for the generation of robus
Author: Antoni Abat i Ninet
Author: Antoni Abat i Ninet
Author: Library of Congress
Author: Júlio Cattai
Author: Ivan L. Richardson
Author: Library of Congress
Author: Fßbio Villela
Author: Library of Congress
Author: Frederico Eduardo Zenedin Glitz
Author: 
Author: Jamie Benidickson