Comparative Perspective on Exhaustible Resource Development in Ethiopia: Lessons from the Norwegian Legal Framework and Experience

2018 ◽  
pp. 49-78
Author(s):  
Tina Hunter
Keyword(s):  
Resource Development ◽  
Legal Framework ◽  
Comparative Perspective ◽  
Exhaustible Resource

New models for exhaustible resource development

1995 ◽  
Vol 4 (4) ◽  
pp. 200-207 ◽  
Author(s):  
Jody Emel ◽  
David Angel ◽  
Gavin Bridge
Keyword(s):  
Resource Development ◽  
Exhaustible Resource ◽  
New Models

The State of Israel and the Apartheid Regime of South Africa in Comparative Perspective

2008 ◽  
Vol 7 (2) ◽  
pp. 201-212 ◽  
Author(s):  
Bernard Regan
Keyword(s):  
South Africa ◽  
Indigenous Peoples ◽  
Legal Framework ◽  
The State ◽  
Comparative Perspective ◽  
Legal Structure ◽  
Occupied Territories ◽  
Apartheid Regime ◽  
Nationalist Government ◽  
State Of Israel

With increasing frequency comparisons are being drawn between the situation of the Palestinian people both in the Occupied Territories and inside Israel with the system of Apartheid imposed on the indigenous peoples of South Africa by the Nationalist Government in 1948. The object of this essay is to explore the analogy and test its merits and shortcomings. The essay explores the legal structure of the Apartheid system and compares it to that of the state of Israel and the legal framework under which Palestinians live in the occupied territories. It concludes that whilst the term Apartheid might seem attractive and adequate for descriptive purposes rendering the plight of the Palestinians more familiar ultimately there is a gap between the appearance and reality of the two experiences.

Nation and Migration in Late-Ottoman Spheres of (Legal) Belonging: A Comparative Look at Laws on Nationality

2021 ◽  
pp. 1-19
Author(s):  
A. Ebru Akcasu
Keyword(s):  
19Th Century ◽  
Power Laws ◽  
Legal Framework ◽  
Great Power ◽  
Comparative Perspective ◽  
Late 19Th Century ◽  
Semantic Shift ◽  
And Migration ◽  
Late Ottoman ◽  
Nationality Law

Abstract The last century of the Ottoman state’s existence witnessed the transformation of the term “Ottoman” from an elite, class-based, and exclusive designation to one including and identifying all whose allegiances were tied to the state. Despite this semantic shift, the verdict is still out on the question of late-Ottoman inclusivity. Indeed, exclusivist is a term more frequently coupled with policy and law. Though the former can be considered exclusivist in many instances from the late 19th century through the dissolution of the empire, the designation does not fit the legal framework and terminology that articulated belonging. To recognize this, it is imperative to approach the 1869 Ottoman Nationality Law from a comparative perspective, especially, though not strictly, with reference to Great Power laws, since these legalities are the yardstick by which Ottoman rational modernity has been measured. This article considers access to actual and potential membership in various nationality laws in relation to their Ottoman counterpart and concludes that the exclusivist designation is questionable. Instead, Ottoman law does not present an anomaly and was in many instances both more expansive and more inclusive than others—even if it has been subjected to a different vocabulary than contemporaneous laws with similar stipulations.

scholarly journals Irregular migrants challenging policy hierarchies and health professions - the case of Sweden

2012 ◽  
Vol 1 (2) ◽  
pp. 34 ◽  
Author(s):  
Carin Björngren Cuadra
Keyword(s):  
Health Care ◽  
Emergency Care ◽  
Health Professions ◽  
Legal Framework ◽  
Comparative Perspective ◽  
Full Cost ◽  
Irregular Migrants ◽  
Hierarchical Relationship ◽  
Welfare Model

In a European comparative perspective Sweden, though upholding a universal welfare model is one of the most restrictive countries as regards irregular migrants’ right to access health care. They do not access care via the legal framework beyond emergency care upon payment of the full cost. The aim of this article is to present initial findings from a study exploring the Swedish policy answers as regards right to access health care for irregular migrants residing in the country. Sweden’s policy answers is put in a European comparative perspective as well as discussed with an interest for suggested changes involving access on the same terms as resident and the role of health and welfare professions’ is regard. By claiming that their jurisdiction within health and welfare services is independent from the state’s interest of control of migration a prevailing hierarchical relationship between social policies and those of migration is renegotiated.

scholarly journals Excluding Forced Heirs due to a Lack of Personal Relationship with the Deceased in Spain in a Comparative Perspective

2021 ◽  
Vol 47 (4) ◽  
pp. 7-26
Author(s):  
Rosa M. Garcia-Teruel
Keyword(s):  
Nursing Homes ◽  
Family Support ◽  
Legal Framework ◽  
Personal Relationship ◽  
Comparative Perspective ◽  
Intergenerational Solidarity ◽  
Freedom Of Will ◽  
New Family ◽  
Societal Changes ◽  
The Right

Forced heirship is considered a limit on the freedom of will of the deceased in favour of intergenerational solidarity. It involves that some relatives, usually descendants, have the right to claim a share of the deceased’s assets or estate. Although recognized in most EU jurisdictions, authors discuss about the need to regulate this institution taking into account new family models and societal changes. In fact, this debate has been intensified due to the COVID-19 pandemic, which showed that several elders died alone in nursing homes without family support, and part of their assets shall be reserved to their relatives. This paper analyses the legal framework of forced heirship in Spain and examines to which extent it is possible to exclude this right due to a lack of personal relationship with the beneficiaries in view of comparative models.

scholarly journals THE ORIGINS OF CRIMINAL LIABILITY OF LEGAL PERSONS – A COMPARATIVE PERSPECTIVE

2013 ◽  
Vol 7 (3) ◽  
Author(s):  
Magdalena Catargiu Magdalena Catargiu
Keyword(s):  
Everyday Life ◽  
Criminal Liability ◽  
Legal Framework ◽  
Comparative Perspective ◽  
Legal Systems ◽  
Anglo American

The criminal liability of legal persons is an intrinsic reality of everyday life. However,this particular institution had a rather tumultuous evolution which is essential inunderstanding its organic mechanisms.Through this study we aim to analyze the concept of criminal liability of the legalperson from both diachronic and comparative perspective in order to determine the role ofthis fiction in contemporary legal systems. We shall focus on the legal framework in bothEuropean and Anglo-American systems. We also intend to identify the factors that have led tothe consecration of criminal liability.

Rien que des mots: Counteracting homophobic speech in European and U.S. law

2021 ◽  
pp. 135822912110434
Author(s):  
Natalie Alkiviadou ◽  
Uladzislau Belavusau
Keyword(s):  
Hate Speech ◽  
United States Supreme Court ◽  
The United States ◽  
Legal Framework ◽  
Comparative Perspective ◽  
The European Union ◽  
Council Of Europe ◽  
Court Of Justice ◽  
European Court ◽  
Direct Discrimination

Adopting a comparative perspective, this article examines legal means and practices of challenging homophobic speech in European and U.S. law. This exercise revolves around the study of major cases concerning homophobic speech from the law of the European Court of Human Rights and broader legal framework within the Council of Europe (the CoE), the Court of Justice of the European Union (EU) as well as the United States Supreme Court (along with a broader scrutiny of U.S. law in comparative perspective with European (CoE and EU law) in recent years. The article concludes that the concepts of (1) hate speech (in constitutional, administrative and criminal settings) (2) direct discrimination and (3) harassment (in labour and anti-discrimination law) will be central in the strategic litigation of LGBT organizations seeking to redress the climate of homophobia via various legal avenues in both Europe and the U.S. While in the settings of European law, all three concepts – depending on the context – can benefit victims of homophobia in their judicial redress, U.S. law offers coherent protection in its employment law framework, even though this remains in need of further strengthening.

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