Review essay. Judging the past: state practice and the law of accountability

1998 ◽  
Vol 9 (2) ◽  
pp. 413-420
Author(s):  
S. Ratner
Keyword(s):  
Review Essay ◽  
The Past ◽  
State Practice ◽  
The Law ◽  
Past State

19. Succession to rights and duties

2019 ◽  
pp. 409-428
Author(s):  
James Crawford
Keyword(s):  
International Organizations ◽  
Political Context ◽  
The Past ◽  
State Practice ◽  
State Succession ◽  
The Law ◽  
Change State ◽  
Territorial Change

The significant number of recent state successions has resulted in an attempted re-engagement with the law of state succession in a different historical and political context, based on the accumulation of state practice over the past two decades. This chapter discusses the forms of territorial change, state succession and municipal legal relations, succession to treaties, succession to responsibility, and membership of international organizations.

THE 2017 AMENDMENTS TO THE LAW REFORM (MARRIAGE AND DIVORCE) ACT 1976: A MILESTONE OR A STONE’S THROW IN THE DEVELOPMENT OF MALAYSIAN FAMILY LAW?

2020 ◽  
Vol 28 (2) ◽  
pp. 449-479
Author(s):  
Sridevi Thambapillay
Keyword(s):  
Child Custody ◽  
Family Law ◽  
Law Reform ◽  
The Real ◽  
The Past ◽  
Marriage And Divorce ◽  
Conversion To Islam ◽  
Family Issues ◽  
The Law ◽  
Muslim Family

The Law Reform (Marriage and Divorce) Act 1976 (LRA) which was passed in 1976 and came into force on 1st March 1982, standardized the laws concerning non-Muslim family matters. Many family issues concerning non-Muslim have emerged ever since, the most important being the effects of unilateral conversion to Islam by one of the parties to the marriage. There has been a lot of public hue and cry for amendments to be made to the LRA. After much deliberation, the Malaysian Parliament finally passed the amendments to the LRA in October 2017, which came into force in December 2018. Although the amendments have addressed selected family law issues, the most important amendment on child custody in a unilateral conversion to Islam was dropped from the Bill at the last minute. Howsoever, at the end of the day, the real question that needs to be addressed is whether the amendments have resolved the major issues that have arisen over the past four decades? Hence, the purpose of this article is as follows: first, to examine the brief background to the passing of the LRA, secondly, to analyse the 2017 amendments, thirdly, to identify the weaknesses that still exist in the LRA, and finally, to suggest recommendations to overcome these weaknesses by comparing the Malaysian position with the Singaporean position. In conclusion, it is submitted that despite the recent amendments to the LRA, much needs to be done to overcome all the remaining issues that have still not been addressed.

scholarly journals Does the Law Determine What Heritage to Remember?

2021 ◽  
Author(s):  
Marie-Sophie de Clippele
Keyword(s):  
Cultural Identity ◽  
Cultural Heritage ◽  
State Intervention ◽  
Historical Knowledge ◽  
Human Right ◽  
Political Will ◽  
The Public ◽  
The Past ◽  
The Law ◽  
Ideological Manipulation

AbstractCultural heritage can offer tangible and intangible traces of the past. A past that shapes cultural identity, but also a past from which one sometimes wishes to detach oneself and which nevertheless needs to be remembered, even commemorated. These themes of memory, history and oblivion are examined by the philosopher Paul Ricoeur in his work La mémoire, l’histoire, l’oubli (2000). Inspired by these ideas, this paper analyses how they are closely linked to cultural heritage. Heritage serves as a support for memory, even if it can be mishandled, which in turn can affect heritage policies. Memory and heritage can be abused as a result of wounds from the past or for reasons of ideological manipulation or because of a political will to force people to remember. Furthermore, heritage, as a vehicule of memory, contributes to historical knowledge, but can remain marked by a certain form of subjectivism during the heritage and conservation operation, for which heritage professionals (representatives of the public authority or other experts) are responsible. Yet, the responsibility for conserving cultural heritage also implies the need to avoid any loss of heritage, and to fight against oblivion. Nonetheless, this struggle cannot become totalitarian, nor can it deprive the community of a sometimes salutary oblivion to its own identity construction. These theoretical and philosophical concepts shall be examined in the light of legal discourse, and in particular in Belgian legislation regarding cultural heritage. It is clear that the shift from monument to heritage broadens the legal scope and consequently raises the question of who gets to decide what is considered heritage according to the law, and whether there is something such as a collective human right to cultural heritage. Nonetheless, this broadening of the legislation extends the State intervention into cultural heritage, which in turn entails certain risks, as will be analysed with Belgium’s colonial heritage.

A general risk process and its properties

1992 ◽  
Vol 29 (1) ◽  
pp. 73-81 ◽  
Author(s):  
Thomas H. Scheike
Keyword(s):  
Risk Process ◽  
Jump Size ◽  
The Past ◽  
Distributional Properties ◽  
Jump Time ◽  
The Law ◽  
Jump Sizes

We construct a risk process, where the law of the next jump time or jump size can depend on the past through earlier jump times and jump sizes. Some distributional properties of this process are established. The compensator is found and some martingale properties are discussed.

scholarly journals Israel: Is COVID-19 Expected More Than a War? (The Increase in Customs Value in Israel, Due to the COVID-19 Increase in Transport Prices - The Problem, and the Solution)

2021 ◽  
Vol 5 (11) ◽  
pp. 20-23
Author(s):  
Omer Wagner ◽  
Keyword(s):  
The State ◽  
Transportation Costs ◽  
The Past ◽  
The Law ◽  
Made In

Sea freight prices have risen sharply, due to the COVID-19 crisis, global shortages of ships, declining competition in the field, and containers of contagious demand. The increase in transportation costs leads to the increase in the value of goods for customs purposes, and to a further collection of customs duties. The Israeli law allows the state to facilitate importers and waive the extra customs duties, and similar and other facilitations have been made in the past. Therefore, all that is required is the flexibility and activation of goodwill on the part of the state, when interpreting the law.

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