Some Recent French Decisions on the Relationship Between Treaties and Municipal Law

1955 ◽  
Vol 49 (3) ◽  
pp. 347-355 ◽  
Author(s):  
Louis C. Bial
Keyword(s):  
State Law ◽  
Constitutional Amendments ◽  
Municipal Law ◽  
Federal Statute ◽  
The Relationship

The relationship between treaties and municipal law has been widely discussed in this country in recent years. The discussion, however, has been limited to the problems raised by the proposed Constitutional amendments. Thus, the possibility of a conflict between the Constitution and a treaty, or between a treaty and State law, has been debated, while the possibility of a conflict between a treaty and a Federal statute has been hardly ever mentioned.

Unresolved Business: Federal Corporate Governance Enhancements

2018 ◽  
Author(s):  
Marc I. Steinberg
Keyword(s):  
Corporate Governance ◽  
Insider Trading ◽  
Securities And Exchange Commission ◽  
Federal Courts ◽  
Professional Conduct ◽  
State Law ◽  
Federal Law ◽  
Tender Offers ◽  
Federal Level ◽  
Federal Statute

This chapter analyzes and recommends federal corporate governance enhancements that should be implemented. These enhancements, which should be adopted in a measured and directed manner, are necessary to remediate certain deficiencies that currently exist. Consistent therewith, this chapter focuses on several important matters that merit attention, including the undue deference by federal courts to state law, the appropriate application of federal law to tactics undertaken in tender offers, the need for a federal statute encompassing insider trading, and the propriety of more vigorous oversight by the Securities and Exchange Commission (such as with respect to the “current” disclosure regime, the SEC’s Standards of Professional Conduct for Attorneys, and the Commission’s neglecting at times to invoke its statutory resources). Thus, the analysis set forth in this chapter identifies significant deficiencies that currently exist and recommends measures that should be implemented on the federal level to enhance corporate governance standards.

Kelsen – Which Kelsen? A Reapplication of the Pure Theory to International Law

2009 ◽  
Vol 22 (2) ◽  
pp. 225-249 ◽  
Author(s):  
JÖRG KAMMERHOFER
Keyword(s):  
International Law ◽  
Legal Theory ◽  
Pure Theory ◽  
Municipal Law ◽  
Hans Kelsen ◽  
Theory Of Law ◽  
The Right ◽  
Relationship Of ◽  
The Relationship ◽  
Legal Theorist

AbstractHans Kelsen is known both as a legal theorist and as an international lawyer. This article shows that his theory of international law is an integral part of the Kelsenian Pure Theory of Law. Two areas of international law are analysed: first, Kelsen's coercive order paradigm and its relationship to the bellum iustum doctrine; second, the Kelsenian notion of the unity of all law vis-à-vis theories of the relationship of international and municipal law. In a second step, the results of Kelsenian general legal theory of the late period – as interpreted and developed by the present author – are reapplied to selected doctrines of international law. Thus is the coercive order paradigm resolved, the unity of law dissolved, and the UN Charter reinterpreted to show that the concretization of norms as positive international law cannot be unmade by a scholarship usurping the right to make law.

On the Lives of Modern State Law

2022 ◽  
pp. 1-12
Author(s):  
Samera Esmeir
Keyword(s):  
Sexual Difference ◽  
Modern State ◽  
State Law ◽  
The World ◽  
Life Itself ◽  
History Of ◽  
British Colonial ◽  
Intimate Life ◽  
The Relationship ◽  
Key Questions

Modern state law is an expansive force that permeates life and politics. Law's histories—colonial, revolutionary, and postcolonial—tell of its constitutive centrality to the making of colonies and modern states. Its powers intertwine with life itself; they attempt to direct it, shape its most intimate spheres, decide on the constitutive line dividing public from private, and take over the space and time in which life unfolds. These powers settle in the present, eliminate past authorities, and dictate futures. Gendering and constitutive of sexual difference, law's powers endeavor to mold subjects and alter how they orient themselves to others and to the world. But these powers are neither coherent nor finite. They are ripe with contradictions and conflicting desires. They are also incapable of eliminating other authorities, paths, and horizons of living; these do not vanish but remain not only thinkable and articulable but also a resource for the living. Such are some of the overlapping and accumulative interventions of the two books under review: Sara Pursley's Familiar Futures and Judith Surkis's Sex, Law, and Sovereignty in French Algeria. What follows is an attempt to further develop these interventions by thinking with some of the books’ underlying arguments. Familiar Futures is a history of Iraq, beginning with the British colonial-mandate period and concluding with the 1958 Revolution and its immediate aftermath. Sex, Law, and Sovereignty is a history of “French Algeria” that covers a century of French colonization from 1830 to 1930. The books converge on key questions concerning how modern law and the modern state—colonial and postcolonial—articulated sexual difference and governed social and intimate life, including through the rise of personal-status law as a separate domain of law constitutive of the conjugal family. Both books are consequently also preoccupied with the relationship between sex, gender, and sovereignty. And both contain resources for living along paths not charted by the modern state and its juridical apparatus.

Physician Practice Organization and Negotiated Prices: Evidence from State Law Changes

2021 ◽  
Vol 13 (2) ◽  
pp. 258-296
Author(s):  
Naomi Hausman ◽  
Kurt Lavetti
Keyword(s):  
Economies Of Scale ◽  
State Level ◽  
Organizational Structures ◽  
Physician Practice ◽  
Fixed Costs ◽  
State Law ◽  
Practice Organization ◽  
Percent Increase ◽  
Noncompete Agreements ◽  
The Relationship

We study the relationship between physician organizational structures and prices negotiated with private insurers. Using variation caused by state-level judicial law changes, we show that a 10 percent increase in the enforceability of noncompete agreements (NCAs) causes 4.3 percent higher physician prices, and declines in practice sizes and concentration. Using two databases containing every physician establishment and firm between 1996 and 2007, linked to negotiated prices, we show that larger practices have lower prices for services with high fixed costs, consistent with economies of scale. In contrast, increases in firm concentration conditional on establishment concentration leads to higher prices. (JEL D24, G22, I11, J44, K22, L13)

MENELISIK PENGAKUAN DAN PERLINDUNGAN HAK-HAK ASASI POLITIK PASCA PERUBAHAN UUD 1945

2018 ◽  
Vol 3 (2) ◽  
pp. 217-246
Author(s):  
Bayu Jatmiko Jatmiko
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Modern State ◽  
Political Rights ◽  
State Law ◽  
Important Thing ◽  
The United Nations ◽  
The Relationship

The concept of the relationship between state law and human rights (HAM) is an important thing in the concept of a modern state. Although the theory of thinking about human rights is divided universally or in particular, Indonesia is trying to escape from this debate. So that historically the regulation of human rights by the Indonesian state actually preceded the arrangement of human rights by the United Nations (UN), then included it in the articles governing Political Rights

4. International law and municipal law

2019 ◽  
pp. 78-102
Author(s):  
Gleider Hernández
Keyword(s):  
International Law ◽  
The State ◽  
Legal Order ◽  
Common Source ◽  
National Regulation ◽  
Legal Rules ◽  
International Legal Order ◽  
Municipal Law ◽  
State Relations ◽  
The Relationship

This chapter assesses the relationship between international law and municipal law. Though international law deals primarily with inter-State relations, and municipal law addresses relationships between individuals or between individuals and the State, there are many overlapping issues on which both international and national regulation are necessary, such as the environment, trade, and human rights. Though the international legal order asserts its primacy over municipal legislation, it leaves to domestic constitutions the question of how international legal rules should be applied or enforced in municipal orders. Two conflicting doctrines define the relationship between international and municipal legal orders: dualism and monism. Dualism is usually understood as emphasizing the autonomy and distinct nature of municipal legal orders, in which the State is sovereign and supreme. Meanwhile, theories of monism conceive the relationship between international and municipal legal orders as more coherent and in fact unified, their validity deriving from one common source.

(Post)Colonial Culture and the South African Legal System: Understanding the Relationship between Living Customary Law and State Law

2007 ◽  
Vol 28 (2) ◽  
Author(s):  
Sindiso Mnisi
Keyword(s):  
South African ◽  
Paradigm Shift ◽  
Customary Law ◽  
State Law ◽  
The South ◽  
Value System ◽  
Post Colonial ◽  
Colonial Culture ◽  
Law Of Succession ◽  
The Relationship

AbstractThis paper traces the relationship between state law and indigenous systems in South Africa from its incipience, and argues that living customary law has been systematically ignored or inaccurately applied. In it, I advocate a paradigm shift as being fundamental to developing the theories, methods and standards adopted in consideration of customary law. I use the law of succession as a vehicle for displaying the clash of state and customary law and, herewith, expound the process by which this tension came about. In conclusion, I argue that a paradigm shift allowing for customary law to be understood within its own functioning and value system, rather than in a manner imposing western notions of society, culture and progress is necessary. This will enable the reunion of the South African legal order and reincorporation of customary communities into the national project.

scholarly journals The Incorporation of Public International Law into Municipal Law and Regional Law against the Background of the Dichotomy between Monism and Dualism

2017 ◽  
Vol 17 (4) ◽  
pp. 1496
Author(s):  
Gerrit Ferreira ◽  
Anel Ferreira-Snyman
Keyword(s):  
International Law ◽  
South African ◽  
Constitutional Court ◽  
Legal Systems ◽  
Practical Application ◽  
Public International Law ◽  
Court Of Justice ◽  
European Court ◽  
Municipal Law ◽  
The Relationship

Monism and dualism represent two different approaches towards the relationship between public international law and municipal law. While the former views public international law and municipal law as a single legal system, the latter regards these two areas of law as separate and distinct legal systems that exist alongside each other. However, not all legal systems are clearly either monist or dualist. The dichotomy between monism and dualism no longer only concerns the relationship between public international law and municipal law, but also increasingly affects the relationship between public international law and regional law. This contribution discusses the application of the monist and dualist approaches by the South African Constitutional Court in the Glenister case and the European Court of Justice in the Kadi and Hungary cases in order to illustrate the practical application of the dichotomy between monism and dualism in a municipal system and on a regional level.

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