The Inter-American Regional System: Fifty Years of Progress

1956 ◽  
Vol 50 (1) ◽  
pp. 18-31 ◽  
Author(s):  
Charles G. Fenwick
Keyword(s):  
National Interests ◽  
The Past ◽  
Regional System ◽  
The Law

So great has been the progress of the inter-American regional system over the past fifty years that it is difficult for a later generation to understand how hesitant and faltering the statesmen of an earlier day could have been in their approach to problems for which we have now found, if not the solution, at least the basis upon which to construct a solution. States were sovereign then, and sovereignty, as the term was practically applied, meant that states were not so much above the law but rather outside its scope in respect to the fundamental and recurrent issue of the defense of national interests.

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.

scholarly journals Beijing's Policies for Managing Han and Ethnic-Minority Chinese Communities Abroad

2012 ◽  
Vol 41 (4) ◽  
pp. 183-221 ◽  
Author(s):  
James To
Keyword(s):  
Interest Groups ◽  
Ethnic Minority ◽  
Communist Party ◽  
Chinese Communist Party ◽  
Cooperative Groups ◽  
National Interests ◽  
Political Actors ◽  
The Past ◽  
Vast Network ◽  
Powerful Interest

The overseas Chinese (OC) form a vast network of powerful interest groups and important political actors capable of shaping the future of China from abroad by transmitting values back to their ancestral homeland (Tu 1991). While the Chinese Communist Party (CCP) welcomes and actively seeks to foster relations with the OC in order to advance China's national interests, some cohorts may be hostile to the regime. In accordance with their distinct demographic and ethnic profiles, the CCP's qiaowu ([Formula: see text], OC affairs) infrastructure serves to entice, co-opt, or isolate various OC groupings. This article summarises the policies for managing different subsets of OC over the past three decades, and argues that through qiaowu, the CCP has successfully unified cooperative groups for China's benefit, while preventing discordant ones from eroding its grip on power.

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.

Rise and Fall

2000 ◽  
Vol 24 (4) ◽  
pp. 727-754 ◽  
Author(s):  
Christopher Chase-Dunn ◽  
E. Susan Manning ◽  
Thomas D. Hall
Keyword(s):  
Political Economy ◽  
Systems Approach ◽  
World Systems ◽  
Central Concept ◽  
Global System ◽  
Systems Perspective ◽  
Early States ◽  
The Past ◽  
The World ◽  
Regional System

The world-systems perspective was invented for modeling and interpreting the expansion and deepening of the capitalist regional system as it emerged in Europe and incorporated the whole globe over the past 500 years (Wallerstein 1974; Chase-Dunn 1998; Arrighi 1994). The idea of a core/periphery hierarchy composed of “advanced” economically developed and powerful states dominating and exploiting “less developed” peripheral regions has been a central concept in the world-systems perspective. In the last decade the world-systems approach has been extended to the analysis of earlier and smaller intersocietal systems. Andre Gunder Frank and Barry Gills (1994) have argued that the contemporary global political economy is simply a continuation of a 5,000-year-old world system that emerged with the first states in Mesopotamia. Christopher Chase-Dunn and Thomas Hall (1997) have modified the basic world-systems concepts to make them useful for a comparative study of very different kinds of systems. They include very small intergroup networks composed of sedentary foragers, as well as larger systems containing chiefdoms, early states, agrarian empires, and the contemporary global system in their scope of comparison.

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.

scholarly journals Włocławska Kapituła Katedralna na tle aktualnych norm prawnych odnośnie kapituł kanonickich

2008 ◽  
Vol 51 (3-4) ◽  
pp. 299-330
Author(s):  
Janusz Gręźlikowski
Keyword(s):  
Canon Law ◽  
Radical Change ◽  
The Past ◽  
Statutory Law ◽  
The Law

The Chapter Cathedral of Włocławek its beginning go back first half of XII centuries and justly be numbered to the oldest chapter in Poland. Her start to go back Chapter of Kruszwica. The Chapter of Włocławek entry in qualifications of the Chapter of Kruszwica consequently transfer the capitol of diocese from Kruszwica to Włocławek. The Chapter of Włocławek come into being about 1148 years. Her history is reach and testify her signify in life of the Włocławek Church the past, in particular assistance the bishop in management of diocese. The change in canon law after the Council of Watykański II and the next in the Code of Cannon Law from 1983 years results that the law statutes of chapters – also Włocławskiej – undergo radical change. The Chapter stop was the assist organ of dioceses bishop in management of dioceses, while stay her decision and consultative character chapter stand the council of priest meritorious for dioceses. The dignity of canon should be grant to priests distinguish honest life, virtue, science, zeal and care about Church. In new law reality the Chapter Cathedral of Włocławek, though destitute now most ancient qualification and competence, lake important element in structure of Włocławskiego and Polish Church. Testify about her statutory law, assignments obligations and also fact that in Poland not destroy chapters but reactivate old and create new council of chapters.

scholarly journals NEW DIRECTIONS OF CONSTITUTIONAL REFORMS IN FOREIGN COUNTRIES (DYNAMICS OF THE LAST FIVE YEARS)

2016 ◽  
Vol 2 (4) ◽  
pp. 0-0
Author(s):  
Татьяна Масловская ◽  
Tatyana Maslovskaya
Keyword(s):  
The State ◽  
Careful Attention ◽  
Present Stage ◽  
National Interests ◽  
Constitutional Development ◽  
The Past ◽  
Foreign Countries ◽  
New Directions ◽  
Constitutional Reforms ◽  
Constitutional Changes

The article analyzes the conditions of the constitutional reforms in foreign countries, the goal of constitutional changes at the present stage. Attention is paid to popularity of practice of adopting of interim constitutions. We study the full and partial constitutional reforms passed in foreign countries over the past five years. Provide new directions of constitutional reforms, based on modern challenges. Careful attention is paid to analysis of constitutional reforms as a response to the crisis: a crisis of values in society and the state, the security crisis. Subject to review are new constitutions of the XXI century, as well as draft constitutional laws. Provided the tendency of strengthening the state’s position in order to protect national interests. The author attempts to envisage further constitutional development in foreign countries.

scholarly journals INTERVIEW WITH PROFESSOR RAFAEL SANZIO ARAÚJO DOS ANJOS – CIGA-UNB / PROJECT GEOAFRO TO NOVA ESCOLA REVIEW

2016 ◽  
Vol 6 (2) ◽  
pp. 92-96
Author(s):  
Rafael Sanzio Araújo dos Anjos
Keyword(s):  
Decision Making ◽  
Indigenous Population ◽  
The State ◽  
Brazilian Population ◽  
The Past ◽  
Rural Zone ◽  
History Of ◽  
The Law ◽  
Colonial Brazil

The LDB (Lei de Diretrizes e Bases) of 1996 does not mention the Quilombolas Communities. We know that in some aspects the problems with the access to schools are similar to the problems faced in the riverine communities, in the rural zone, and in the indigenous population, for example. Both specified on the law. Which would be the followed orientation when we talk about quilombos?- It is important not to lose sight that exists in space and in the Brazilian population a large territory and people not part of the “Official Brazil”. In this context, we can insert the quilombolas populations, which were excluded secularly of the country and of the priority actions in the decision-making sector. Prejudice and exclusion mark the history of Africa in Brazil and the quilombos, which are considered “the past of Colonial Brazil”, had recently started to have attention of the State and one of them is in the Transitory Devices of the Federal Constituion of 1988. 

Reflections on Prosecutorial Independence and Impartiality in South Africa: The Recent Jurisprudence of the Courts

2021 ◽  
Vol 35 (2) ◽  
Author(s):  
Ntombizozuko Dyani-Mhango
Keyword(s):  
South Africa ◽  
Criminal Justice ◽  
Judicial Independence ◽  
The Past ◽  
Its Analysis ◽  
Political Interference ◽  
Effective Administration ◽  
Recent Developments ◽  
The Law ◽  
Constitutional Jurisprudence

Prosecutorial independence and prosecutorial impartiality are important for the effective administration of criminal justice in South Africa. These two concepts are interconnected and yet they are distinct, and distinguishable from judicial independence and judicial impartiality. In the past decade or so, controversy has surrounded and allegations have been made of political interference with prosecutorial independence and impartiality in South Africa. This article reflects on recent developments in the exercise of prosecutorial independence and impartiality in South Africa. The interest was sparked by recent constitutional jurisprudence in developing the law on prosecutorial independence and impartiality. In its analysis of the courts’ jurisprudence on prosecutorial independence, the article further demonstrates that this jurisprudence has had an influence in determining the independence of other institutions responsible for the administration of criminal justice.

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