3 research outputs found
Making International Human Rights Protection More Effective: A Rational-Choice Approach to the Effectiveness of Ius Standi Provisions
- Author
- A5 Rule
- Anne van Aaken
- Art
- Art
- Art
- Art Achr
- Arts
- Doc Oau
- Erkki Hartikainen V. Finland
- Essien
- Eur
- H Bernard
- H R /A Court
- I/A Court
- I/A Court
- I/A Court
- I/A Court
- I/A Court
- I/A Court
- I/A See
- Ibid
- J R T
- Ng V Charles Chitat
- Pasqualucci
- R Romano
- S See
- See
- See For Overviews Tom Zwart
- See For That Decision
- See Gaetano Pentassuglia
- See Nsongurua
- Thomas Buergenthal
- Tobago Trinidad
- Viljoen
- Publication venue
- 'Elsevier BV'
- Publication date
- 01/01/2005
- Field of study
A Conflict-of-Laws Approach to Competing Rationalities in International Law: The Case of Plain Packaging between Intellectual Property, Trade, Investment and Health
- Author
- Based on the analysis of Teubner and Fischer-Lescano there is a âclash of culturesâ amongst the different autonomous social systems which establish themselves internationally which prevents any meaningful interaction between them
- Baxter See
- Berman PS
- Doha Declaration on the TRIPS Agreement and Public Health
- For some examples
- For the integration of health and other non-trade objectives in the plain packaging dispute
- In a similar way
- In conflict-of-laws doctrine the desire of a state to apply its law, as expressed in the content of its statutes, is considered an acceptable criterion for resolving ConflictsL see Scoles
- In essence the focus is on the competing rules and the interests they represent rather than the facts and their closest connection
- In further developments of Currie's approach Baxter added this comparative-impairment theory as an addendum for the solution of true Conflicts
- In private international law the forum must closely examine any Conflicting expert evidence on foreign law and form its own opinion based on the material presented
- In the context of copyright Conflict of laws see the French decision
- Judges lack this authority since according to Currie, the weighing of governmental interests is a âpolitical function of a very high order âŠthat should not be committed to courts in a democracyâ
- Koskenniemi M
- Mclachlan see
- Michaels
- Michaels
- Michaels
- Morris See
- On the TRIPS and public health debate see H Hestermeyer
- On this aspect of reciprocity see Story
- Pauwelyn
- Pauwelyn J
- Pauwelyn J
- Phillip Morris Asia Limited v Commonwealth of Australia
- R Okediji concludes that the Appendix has been âa dismal failure owing to unduly complex and burdensome requirements associated with its useâ
- Rahmatian A
- Relying on the use (or abuse) of the precautionary principle in WTO law as an example Beckett argues that WTO adjudicators never really examine the principle's âstatus, meaning and effect in environmental lawâ, but instead create their own image of it within the WTO's internal environment
- RuseâKhan
- RuseâKhan H Grosse
- RuseâKhan H Grosse
- RuseâKhan H Grosse
- Scoles
- See also
- See Doha Declaration on TRIPS and Public Health
- See especially the debates about who are to be considered as the âpartiesâ in whose relations the ârelevantâ rules must be applicable: ILC
- See especially the fragmentation critique
- See generally
- See generally
- See Section A
- See Section D.6
- See Section D.6
- See Section E
- Segger MC Cordonier
- Simma B
- Simma See
- Simma See
- Story J
- Teubner
- Teubner
- Teubner
- Teubner
- Teubner
- Teubner
- Teubner
- Teubner G
- The application of governmental interest analysis requires ascertaining which of the states concerned has a more legitimate interest in having its social economic or administrative policies applied to the legal problem at hand. The theory was developed by the American scholar Brainerd Currie in his book
- The latter approach by von Savigny focuses on legal relationships
- The term
- These cases where more than one state has an interest in its rules being applied are distinguished from those where the inquiry into the policies expressed in the laws reveals that only one state has such an interest (false conflicts) and those where none of the states involved is interested (no-interest pattern)
- This is the French term for âbreaking into smaller piecesâ. In Conflict of laws this notion is often used to indicate that the choice-of-law determination may be made for each issue of the case separately
- This term refers to the old Conflict-of-laws doctrines that prevailed in medieval city-states in what is now northern Italy (eg Venice Bologna, Modena): Conflicts of laws caused by increasing commercial interaction were initially resolved by a simplistic classifi cation of local laws
- This wide understanding of Conflict is based on the approach by the ILC in its Fragmentation Report
- von Mehren A
- von Savigny FK
- While in principle of course the state consent which led to the creation of the (competing) rules will call for an application of all rules
- Publication venue
- 'Bloomsbury Academic'
- Publication date
- Field of study
Same-sex marriage beyond Charter dialogue: Charter cases and contestation within government
- Author
- Barnes Sue
- Bateup
- Bill C-23
- Bill C-38
- Bill C-38
- Canada
- Department of Justice
- Eight Liberal members of parliament who voted in favour of the opposite-sex definition of marriage in 2003 now voted to recognize civil same-sex marriages including
- Hiebert Janet
- House of Commons Standing Committee on Justice and Legal Affairs
- Ibid at 7891
- Ibid.
- Ibid.
- Ibid. Similarly appearing before the House of Commons Standing Committee on Justice and Human Rights, McLellan emphasized that the definition of marriage would remain unchanged: âBill C-23 will modernize federal legislation to extend benefits and obligations to common-law same-sex couples in the same way as to common law opposite-sex couples. What is equally important is that Bill C-23 does so while preserving the existing legal definition and societal consensus that marriage is the union of one man and one woman, to the exclusion of all others, as defined by the courts.
- In contrast to the same-sex relationship recognition cases of the 1980s and 1990s which are characterized by considerable disagreement between and within courts
- In the Courtâs view no legal purpose would be served by answering this question since the government had already accepted the rulings of the lower courts on the matter and had adopted it as its own position.
- Lawton Valerie
- MacCharles Tonda
- Manfredi
- McTeague Dan
- Office of the Prime Minister âStatement by the Prime Minister on Same Sex Unionsâ (17 June 2003) [Office of the Prime Minister, âStatement.â]:
- On the relationship between law and popular culture see Brenda Cossman
- Snow David
- Standing Committee on Justice and Human Rights
- Standing Committee on Justice and Human Rights
- Standing Committee on Justice and Human Rights
- The Alliance motion moved by Stephen Harper (leader of the opposition, Canadian Alliance) on 16 September 2003, stated
- The Attorney General was represented by Peter Hogg and Michael Morris.
- The comparison between the 2003 vote and 2005 vote is complicated by the fact that several Liberal Members of Parliament who voted against the
- The Court held that the promotion of the equality rights of one group cannot be seen to undermine the equality rights of another group.
- The first meeting was held 27 November 2002.
- The Ontario government introduced a bill to amend sixty-eight definitions of spouse entitled âAn Act to Amend Statutes to Comply with the Supreme Court of Canada decision in
- This amendment was first tabled by Progressive Conservative member Pat Carney in 1980 and variations of this bill were introduced at least five times by New Democratic Party (NDP) member Svend Robinson before Allan Rock introduced Bill C-33.
- van Kralingen Alex
- While the immediate remedy may be suspect from the perspective of dialogue theorists it should be emphasized that there was an entirely legitimate legal basis for it
- Publication venue
- 'University of Toronto Press Inc. (UTPress)'
- Publication date
- Field of study