The Correlation of Allegiance and Protection

1948 ◽  
Vol 10 (1) ◽  
pp. 54-76 ◽  
Author(s):  
Glanville L. Williams

In the last number of the Cambridge Law Journal Professor Lauterpacht made the decision in R. v. Joyce the occasion of a lucid discussion of the topics of allegiance and protection, including the correlation of allegiance and protection, the diplomatic protection of non-nationals and the duty of allegiance of protected persons. He came out in support of the decision in Joyce, though he was cautious in assessing its implications outside the actual facts of the case. Since the argument for the decision has been put so fully it is perhaps as well that the legal aspect of the case for the other side should also be stated, particularly as it does not completely appear from the judgments and speeches.

2019 ◽  
Vol 91 ◽  
pp. 08071 ◽  
Author(s):  
Uliana Filatova ◽  
Nina Semeryanova ◽  
Svetlana Suslova ◽  
Alena Gabudina ◽  
Anna Kopytova

The article discusses the main issues of definition of social entrepreneurship, both from economic and legal point of view. Since Russian legislature is only at the beginning of the way to create legal framework for activities, legislation on social entrepreneurship seems fragmentary and inconsistent. All of that adversely affects development of social entrepreneurship. Official city statistics (Nizhnevartovsk) show that less than a third of all entrepreneurs are interested in this type of activity; entrepreneurs who already have business in the field of social entrepreneurship mostly do not plan to expand current activities in this area. Analysis can contribute to creation of developed socio-economic relations in Russia. It can be achieved by building effective relations between social entrepreneurs and beneficiaries on the one hand, and also between social entrepreneurs and the state on the other.


2021 ◽  
Vol 26 (1) ◽  
pp. 119-134
Author(s):  
Nagarathna Annappa

While Internet has been extremely advantageous in connecting people and providing a platform for expression of  one’s views and opinions, on the other hand it has even at times lead to abuse of this platform by some necessitating legal regulation. Freedom of speech and expression being a fundamental right is legally enforceable even against the State and its agencies but the same can be legally restricted under certain ‘reasonable grounds’. This paper aims to analyse the existing law framework in this regard, with the object of identifying legal provisions which on one hand protects freedom of speech and expression on cyber space and on the other hand, the legal restrictions imposed for such freedom. Though the paper makes a brief assessment of the concerned legal aspect from international perspective in brief, it focuses largely on Indian law framework in this regard.


1993 ◽  
Vol 26 (2) ◽  
pp. 165-193 ◽  
Author(s):  
Kenneth F. Ledford

Although Franz Schnabel described the nineteenth century as the “century of the formal Rechtsstaat,” most political and social historians of the German Kaiserreich have paid surprisingly little attention to the legal aspect of the development of society and polity. Textbooks in German history contain only brief mention of the enactment of legal reforms, either naming them without comment or subsuming them under administrative initiatives of the National Liberal party. More importantly, even standard works on the history of liberalism give precious little space to the important legislative reforms that are the focus of this essay; James J. Sheehan devotes only a paragraph to the adoption of the Imperial Justice Laws of 1877–79, and Dieter Langewiesche stresses the importance of legal unity and these reforms to liberals, but also in only one paragraph. In general, historians of German liberalism have left efforts to examine the development and unification of the German legal system after 1848 to legal historians, who are housed in Germany in the separate legal faculties and focus their work primarily on the history of legal doctrine. By failing to examine law as a historical artifact, however, political and social historians have also overlooked the Weberian message that law is a crucial analytical entry point into any understanding of modem society. Contemporary legal scholars stress that legal and social systems are inextricably intertwined, and that neither can be understood without a grasp of the other. Understanding legal discourse helps historians understand broader social discourse.


Author(s):  
Ivan Pankeev ◽  
Alexey Timofeev

The article deals with major trends in state regulation of Russian media landscape in the period 2017-2020, which features a large amount of fake news, extremist publications and other information harmful for the people and the society. The authors analyze the key measures taken by the state in order to protect the population from such information and diminish its negative effect, define the problems and difficulties that journalists and Internet-users face, and propose ways of addressing the problems. The article focuses on legal aspects of the governmental bans and regulatory policy as, in the authors opinion, they are primary to the other measures (economic, technological, etc.). Special attention is paid to the state legislative response to such threats as fake news, suicide, drug abuse, extremist or terrorist propaganda, and foreign agents financial impact on Russian media. The research involved an analysis of media reports on the relevant issues, as well as a study of the recent changes in the legislation concerning media landscape and results of other researches in this field. The authors infer that there are two major trends in the state regulation: one is liberalization of privacy laws for media landscape, and the other is harsher punishments for spreading extremist information, fake news and other state abusive content. However, such control should not be always viewed as negative.


Author(s):  
James Crawford

This chapter considers two discrete streams of authority – one based on the practice and jurisprudence of diplomatic protection, the other based on the generic standards in over 2,500 bilateral and multilateral investment treaties, as applied in some hundreds of tribunal decisions. The discussions cover the admission, expulsion, and liabilities of aliens; requirements for and standards of diplomatic protection; and breach and annulment of state contracts.


1993 ◽  
Vol 50 (2) ◽  
pp. 207-232
Author(s):  
Jürgen Buchenau

The United Mexican States are the advance sentinels of Latin America and guard their northern frontier, the plow in one hand and the rifle in the other.Mexican diplomat José Manuel Gutiérrez Zamora, 1909Mexico has long been the principal rival of the United States in Central America. Throughout the past century, the country has, to the measure of its ability, steadfastly resisted U.S. interference in the area. Because of Mexico's geographical location and its experience with U.S. intervention, the strengthening of nationalist forces in Central America has always been a subject of paramount importance for any Mexican regime. Both before and after the Revolution of 1910, Mexico frequently resorted to intervention of its own in attempts to create or maintain a counterweight to U.S. influence. The country has pursued its goals mainly by providing encouragement, diplomatic protection, money, and sometimes arms to Central American governments and factions that have portrayed themselves as opponents of U.S. hegemony.


1988 ◽  
Vol 62 (03) ◽  
pp. 411-419 ◽  
Author(s):  
Colin W. Stearn

Stromatoporoids are the principal framebuilding organisms in the patch reef that is part of the reservoir of the Normandville field. The reef is 10 m thick and 1.5 km2in area and demonstrates that stromatoporoids retained their ability to build reefal edifices into Famennian time despite the biotic crisis at the close of Frasnian time. The fauna is dominated by labechiids but includes three non-labechiid species. The most abundant species isStylostroma sinense(Dong) butLabechia palliseriStearn is also common. Both these species are highly variable and are described in terms of multiple phases that occur in a single skeleton. The other species described areClathrostromacf.C. jukkenseYavorsky,Gerronostromasp. (a columnar species), andStromatoporasp. The fauna belongs in Famennian/Strunian assemblage 2 as defined by Stearn et al. (1988).


1967 ◽  
Vol 28 ◽  
pp. 207-244
Author(s):  
R. P. Kraft

(Ed. note:Encouraged by the success of the more informal approach in Christy's presentation, we tried an even more extreme experiment in this session, I-D. In essence, Kraft held the floor continuously all morning, and for the hour and a half afternoon session, serving as a combined Summary-Introductory speaker and a marathon-moderator of a running discussion on the line spectrum of cepheids. There was almost continuous interruption of his presentation; and most points raised from the floor were followed through in detail, no matter how digressive to the main presentation. This approach turned out to be much too extreme. It is wearing on the speaker, and the other members of the symposium feel more like an audience and less like participants in a dissective discussion. Because Kraft presented a compendious collection of empirical information, and, based on it, an exceedingly novel series of suggestions on the cepheid problem, these defects were probably aggravated by the first and alleviated by the second. I am much indebted to Kraft for working with me on a preliminary editing, to try to delete the side-excursions and to retain coherence about the main points. As usual, however, all responsibility for defects in final editing is wholly my own.)


1967 ◽  
Vol 28 ◽  
pp. 177-206
Author(s):  
J. B. Oke ◽  
C. A. Whitney

Pecker:The topic to be considered today is the continuous spectrum of certain stars, whose variability we attribute to a pulsation of some part of their structure. Obviously, this continuous spectrum provides a test of the pulsation theory to the extent that the continuum is completely and accurately observed and that we can analyse it to infer the structure of the star producing it. The continuum is one of the two possible spectral observations; the other is the line spectrum. It is obvious that from studies of the continuum alone, we obtain no direct information on the velocity fields in the star. We obtain information only on the thermodynamic structure of the photospheric layers of these stars–the photospheric layers being defined as those from which the observed continuum directly arises. So the problems arising in a study of the continuum are of two general kinds: completeness of observation, and adequacy of diagnostic interpretation. I will make a few comments on these, then turn the meeting over to Oke and Whitney.


1966 ◽  
Vol 24 ◽  
pp. 337
Author(s):  
W. Iwanowska

A new 24-inch/36-inch//3 Schmidt telescope, made by C. Zeiss, Jena, has been installed since 30 August 1962, at the N. Copernicus University Observatory in Toruń. It is equipped with two objective prisms, used separately, one of crown the other of flint glass, each of 5° refracting angle, giving dispersions of 560Å/mm and 250Å/ mm respectively.


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