Florey comments on Carlos M. Vazquez's article on non-extraterritoriality. She argues that the issue of how to treat statutes with restrictions on their territorial reach, known as external scope ...limitations (ESLs), deserves attention in conflicts doctrine. She explores the questions raised by ESLs, such as whether courts apply foreign legal rules as a matter of domestic law or because the foreign law governs, and whether courts should consider conflicts rules of foreign jurisdictions. She examines three possible approaches to ESLs and concludes that treating ESLs as a choice-of-law rule that must be followed in the enacting state, but can be ignored by courts of other states, is the most appropriate. She also emphasizes the importance of ESLs in providing guidance, notice, and predictability in choice-of-law analysis, and argues that courts should generally honor ESLs due to their legislative intent and the purposes they serve.
President's Page Beebe, Mark R
Defense counsel journal,
11/2022, Letnik:
89, Številka:
4
Journal Article
Vienna served as this year's ICCC venue, and it was the third time that the IADC hosted a meeting in this city so captivatingly beautiful, remarkably historical, and culturally advanced. Franciscus ...Cornells Gerardus Maria Timmermans, a Dutch diplomat and First Vice President of the European Commission, maintains that "Respect for the rule of law is not optional; it's fundamental." The rule of law promises that all persons and institutions, regardless of their economic or perceived community standing, shall be bound equally, impartially, and objectively by the law.
Taking a coordinated approach to promoting the rule of law at home and in matters involving foreign parties stands as one of the essentials of Xi Jinping Thought on the Rule of Law. The profound ...essence of this concept is predominantly articulated through the dialectic nexus between the rule of law at home and in matters involving foreign parties and the foundational necessities and underlying principles for their coordinated advancement. This concept is intellectually rooted in the legal theory of socialist rule of law with Chinese characteristics, the theory of major-country diplomacy with Chinese characteristics, modern progressive theories of international law, and the exemplary facets of traditional Chinese culture. It is aligned with contemporary trends and in harmony with the need to take a holistic approach to imperatives at home and abroad. This philosophy underscores the approach to building a human community with a shared future through the rule of law, guaranteeing the fruition of national strategic aspirations. This resonates with profound contemporary, integrative, international, and strategic significance. Presently, the focus should be on fostering the development of foreign-related rule of law, maintaining the correct equilibrium between the dyad of rule of law in domestic and foreign-related matters. It is imperative to augment strategic design and institutional construction in the realm of rule of law on issues related to foreign parties, step up research on and practical application of international law, and reinforce the cultivation of legal professionals in this area to take a coordinated approach to advance the rule of law at home and in matters involving foreign parties.
How do a legal order and the rule of law develop in a war-torn state? Using his field research in Sudan, the author uncovers how colonial administrators, postcolonial governments and international ...aid agencies have used legal tools and resources to promote stability and their own visions of the rule of law amid political violence and war in Sudan. Tracing the dramatic development of three forms of legal politics - colonial, authoritarian and humanitarian - this book contributes to a growing body of scholarship on law in authoritarian regimes and on human rights and legal empowerment programs in the Global South. Refuting the conventional wisdom of a legal vacuum in failed states, this book reveals how law matters deeply even in the most extreme cases of states still fighting for political stability.
This Special Issue of the Journal of European Public Policy has two objectives. First, we clarify some ambiguities in the original formulation of the failing forward framework. Second, we analyze ...scope conditions under which we are likely to see failing forward. To achieve these objectives, we bring together articles that engage with the failing forward framework. Some contributions seek to refine the concepts and arguments, others challenge them outright. These pieces assess the applicability of the framework to a range of policy areas, from trade negotiations, competition policy and banking union through citizenship and the rule of law to pandemic response and defense and security policy, thus helping to identify the domains and conditions in which failing forward is likely to occur, and those in which it is not.
People as intelligent and socio-cultural beings give their being a value dimension, which allows them to develop an idea of "who we are" and strive for the organization of public life for the benefit ...of citizens. In modern societies, constitutional democracies, the values of the rule of law, inviolability of human dignity, legal freedom and human rights constitute the semantic basis for these societies. Outside of these values and legal institutions, modern constitutional and legal societies cannot exist. Social reality can be much "worse" than the legal values proclaimed and enshrined in constitutional acts. Modern societies are complex social systems. Their institutional structure is not limited to legal regulations, and the spectrum of public values is not limited to the area of legal values. The article emphasizes that moral maxims and other value formations cannot replace legal values. The purpose of this work is to study the role of value phenomena in maintaining the legal foundations of modern societies, to show the importance of legal values in comparison with other social values in ensuring the rule of law in modernist democratic societies.
Although the rule of law is a normative notion, it requires a multidimensional approach. It speaks to important issues of law and politics, and its respect is essential for both legal and social ...security. It can be observed within the European Union (EU) where the issue of respect for the rule of law by its Member States has gained particular importance. The main goal of our study is to contribute to the academic discourse concerning the EU rule of law. The analysis particularly considers the approaches adopted by the EU institutions to the definition of this concept. Consequently, the first part of the article concentrates on difficulties in defining the rule of law. The second part presents the evolution of the Court of Justice approach toward this concept. The next part contains the analysis of the attitudes presented by other EU institutions in their documents. In the conclusions, it is underlined that although the approaches of the EU institutions towards the rule of have evolved, and they have tried to define it and indicate its main components, certain issues require clarification, e.g., the relations of the rule of law with other values.
La Democracia y el Estado de Derecho son principios constitucionales complementarios, no realizables por separado. Una crítica constructiva sobre déficits es aceptable, pero la afirmación de su ...fracaso amenaza la legitimidad de instituciones imprescindibles para la convivencia social. Las aproximaciones académicas que enfrentan dialécticamente gobierno democrático y respeto de las normas favorecen reacciones autoritarias de signo extremista, en un marco de polarización social creciente y riesgo de quiebra de la Democracia. Por ello, los juristas debemos aportar soluciones, así como mostrar audacia y coraje en la defensa de los valores fundamentales. También debemos recordar que los equilibrios contramayoritarios compensan el riesgo de efectos autoritarios de la polarización.
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