Le système juridique unitaire à l’epreuve du droit coutumier : la nécessité d’une territorialisation du droit

2021 ◽  
Vol 66 (1) ◽  
pp. 135-153
Author(s):  
Carine Guémar
Keyword(s):  
Customary Law ◽  
Federal States ◽  
Organic Unity ◽  
Unitary State ◽  
Social Unity ◽  
French People ◽  
French Tradition ◽  
The One ◽  
Overseas Territories ◽  
Centralized System

"The French State is a unitary State as opposed to federal States, in which there is one Constitution providing for provisions applicable throughout the territory of the French Republic. Unity can be found in a legal unity first, in this the unitary Law is the one that does not admit of territorial differenciation. A political and organic unity, since there is only one Parliament, one Government. A social unity eventually, which consists of the admission of a single French people. If the French tradition is based on a centralized system, the implementation of the process of territorial decentralization led to reconsider the uniformity of the Law precisely with the question of territorial differenciation and territorialisation of Law. The present study proposes to return to the consideration by unitary Law of local territories including the overseas territories with the problem of reconciling such a system with customary Law. Keywords: unitary Law, customary Law, territorial decentralization, territorialisation of Law, the overseas territories "

scholarly journals Atlas of ticks (Acari: Argasidae, Ixodidae) in Germany

2021 ◽  
Author(s):  
Franz Rubel ◽  
Katharina Brugger ◽  
Lidia Chitimia-Dobler ◽  
Hans Dautel ◽  
Elisabeth Meyer-Kayser ◽  
...  
Keyword(s):  
Tick Species ◽  
Migratory Birds ◽  
Dermacentor Reticulatus ◽  
Ixodid Ticks ◽  
Federal States ◽  
Ixodes Frontalis ◽  
Argas Reflexus ◽  
The One ◽  
Argasid Tick ◽  
First Time

AbstractAn updated and increased compilation of georeferenced tick locations in Germany is presented here. This data collection extends the dataset published some years ago by another 1448 new tick locations, 900 locations of which were digitized from literature and 548 locations are published here for the first time. This means that a total of 3492 georeferenced tick locations is now available for Germany. The tick fauna of Germany includes two species of Argasidae in the genera Argas and Carios and 19 species of Ixodidae in the genera Dermacentor, Haemaphysalis, and Ixodes, altogether 21 tick species. In addition, three species of Ixodidae in the genera Hyalomma (each spring imported by migratory birds) and Rhipicephalus (occasionally imported by dogs returning from abroad with their owners) are included in the tick atlas. Of these, the georeferenced locations of 23 tick species are depicted in maps. The occurrence of the one remaining tick species, the recently described Ixodes inopinatus, is given at the level of the federal states. The most common and widespread tick species is Ixodes ricinus, with records in all 16 federal states. With the exception of Hamburg, Dermacentor reticulatus was also found in all federal states. The occurrence of the ixodid ticks Ixodes canisuga, Ixodes frontalis, Ixodes hexagonus and I. inopinatus were documented in at least 11 federal states each. The two mentioned argasid tick species were also documented in numerous federal states, the pigeon tick Argas reflexus in 11 and the bat tick Carios vespertilionis in seven federal states. The atlas of ticks in Germany and the underlying digital dataset in the supplement can be used to improve global tick maps or to study the effects of climate change and habitat alteration on the distribution of tick species.

scholarly journals Geopolityczny status Królestwa Danii – mit państwa unitarnego

2018 ◽  
pp. 17-36
Author(s):  
Tomasz Brańka
Keyword(s):  
Financial Aid ◽  
Faroe Islands ◽  
Common Values ◽  
Unitary State ◽  
The Status ◽  
The Common ◽  
Overseas Territories ◽  
Benefits And Costs ◽  
Green Land

Pursuant to the Constitution of 1953, the Kingdom of Denmark is a unitary state. How- ever, the status of the Faroe Islands and Greenland actually defies the uniform character of this state. In its broader aspect, this situation undermines the widespread myth of Nordic unity. The official standpoint, explaining the Danish policy of aiding the Faroe Islands and Green- land, points to the long-standing tradition that links Denmark with her overseas territories and the common values that bind them. The Danish responsibility for the development of these territories is also emphasized and financial aid is treated as an expression of the solidarity pol- icy. The paper analyzes the benefits and costs related to maintaining the insular possessions of Denmark.

scholarly journals To transport waste or transport recycling plant: Insights from life-cycle analysis

2017 ◽  
Vol 105 (5-6) ◽  
pp. 516
Author(s):  
Guilhem Grimaud ◽  
Bertrand Laratte ◽  
Nicolas Perry
Keyword(s):  
Life Cycle ◽  
Life Cycle Analysis ◽  
Treatment Cost ◽  
Point Of View ◽  
Environmental Benefits ◽  
The Other ◽  
Economic Balance ◽  
The One ◽  
Waste Deposit ◽  
Centralized System

The purpose of this study is to determine the environmental and economic balance between a collection of waste requiring the transport to a centralized recycling plant versus the displacement of a recycling plant near the waste production’s location. Two systems are compared in the study with economic and environmental Life cycle analysis (LCC and LCA) tools. The first one considers a centralized recycling plant that gathers batch of cables from different locations in Europe. The second scenario considers a transportable recycling plant, the Cablebox (designed by MTB Manufacturing), which is regularly carried to be close to the waste deposit to recycle waste cables. On the one hand, the study demonstrates huge environmental benefits for transportable recycling plants in comparison with the centralized system. The overall environmental impact is halved on the climate change indicator. On the other hand, the results show the economic advantages of such solution. The treatment cost per ton of recycling is reduced by 5 to 8%. Transportable recycling solutions seem to be a good answer to solve End-of-Life logistic issues, both from an economic and an environmental point of view.

Descent and Inheritance in Zoroastrian and Shiʿite Law: A Preliminary Study

Der Islam ◽  
2017 ◽  
Vol 94 (2) ◽  
Author(s):  
Maria Macuch
Keyword(s):  
Islamic Law ◽  
Formative Period ◽  
Customary Law ◽  
Distinctive Features ◽  
Family Ties ◽  
Sasanian Empire ◽  
Preliminary Study ◽  
The One ◽  
Law Of Succession ◽  
Traditional Norms

Abstract:The Twelver Shiʿite law of inheritance constitutes one of the most distinctive features of the legal system in comparison with Sunni law. Although there are major and even irreconcilable divergences between the Sunnite law of succession according to all four legal schools on the one hand and Twelver Shiʿite law on the other, no convincing explanations for this striking development within Islamic law itself, leading to two fundamentally distinct systems, have hitherto been put forward. The aim of this preliminary study is to call attention to several remarkable correspondences between the complex Iranian (Zoroastrian) law of succession, conceived to support the specific needs of aristocratic descent groups in the Sasanian period, and Twelver Shiʿite regulations, reflecting a very similar underlying concept of family ties and descent groups as a whole. The question is, whether these congruencies are purely coincidental or based on age-old social and traditional norms, which continued to be practised in the regions of the former Sasanian empire after the Islamic conquest. As Sasanian norms remained operative in customary law (now documented by Pahlavi legal documents from 8th century Tabarestān) during the formative period of Islamic law and the Sunnite regulations, being based to a large extent on pre-Islamic tribal law in Arabia, contrast sharply with the Shiʿite concept, it would be consistent to assume that certain precepts in the pre-Islamic Iranian system had an important impact on the development of the Twelver Shiʿite law of inheritance.

scholarly journals Regulierung des Glücksspiels in Deutschland: Das Glücksspielgesetz Schleswig-Holsteins und der Glücksspieländerungsstaatsvertrag aus ökonomischer Perspektive

2013 ◽  
Vol 62 (1) ◽  
Author(s):  
Ulrich Schmidt ◽  
Katharina Lima de Miranda
Keyword(s):  
Sports Betting ◽  
The Other ◽  
Necessary Condition ◽  
Tax Rates ◽  
German State ◽  
Federal States ◽  
Tax Revenues ◽  
German Federal States ◽  
Online Poker ◽  
The One

AbstractThis paper compares the two laws effective for the regulation of gambling in Germany from an economic perspective. On the one hand there is the new and relatively liberal federal Gaming Amendment Act of Schleswig- Holstein (GAA) and on the other hand the German State Treaty on Gambling (GST), which was signed by the remaining 15 German federal states. First, two goals are derived that should be pursued by the regulation of gambling realization of tax revenues and the reduction of problem gambling. Channeling gambling into the regulated market is a necessary condition to achieve both objectives. As the GAA can be expected to realize a higher degree of channeling due to more competitive tax rates as well as the inclusion of online poker and casinos, it appears to be overall superior to the GST. It is in particular incomprehensible that online poker and casinos are not included in the GST, since on one side they have a high potential for addiction and should thus be regulated and on the other side allow to generate higher tax revenues compared to sports betting for example.

scholarly journals Rights, responsibilities, and resistance: Legal discourse and intervention legislation in the Northern Territory in Australia

Semiotica ◽  
2016 ◽  
Vol 2016 (209) ◽  
pp. 167-185 ◽  
Author(s):  
Peter Gale
Keyword(s):  
United Nations ◽  
Cultural Practices ◽  
Indigenous Rights ◽  
Northern Territory ◽  
Customary Law ◽  
Welfare Benefits ◽  
Rights Of The Child ◽  
The United Nations ◽  
The One ◽  
United Nations Declaration

AbstractIn the shadow of the United Nations Declaration on the Rights of Indigenous Peoples, adopted and endorsed by 143 nations on 17th September 2007, the then Howard Government suspended the Racial Discrimination Act in Australia to implement the Northern Territory Emergency Response Bill, commonly referred to as the Northern Territory intervention. This legislation included the compulsory acquisition of townships; the suspension of the permit system to access Aboriginal communities; the removal of customary law or cultural practices in any legal considerations in sentencing; the abolition of the Community Development Employment Projects; and the quarantining of a proportion of welfare benefits for all recipients in designated communities. While Australia was one of only four nations who did not endorse the Declaration in 2007, the UN Declaration was subsequently adopted and endorsed in April 2009 by the then Rudd Labor Government. The ratification of the UN Declaration may appear to reflect a change of policy, yet amidst significant Indigenous opposition and criticism of the United Nations, the Gillard Labor Government continued the central tenants of the NT Intervention for a further ten years in the form of the Stronger Futures legislation in 2012. This essay explores some of the tensions and contradictions inherent within legal and political discourse in the recognition of rights between the rights of the child on the one hand, and Indigenous rights and citizenship rights within the Northern Territory Intervention legislation and policy of Stronger Futures in the Northern Territory.

scholarly journals Visualization of Legal Informatics

2021 ◽  
Author(s):  
Friedrich Lachmayer ◽  
Vytautas Čyras
Keyword(s):  
Legal Theory ◽  
Customary Law ◽  
Legal Information ◽  
Positive Law ◽  
Meta Level ◽  
Current Topic ◽  
Legal Informatics ◽  
Legal Document ◽  
The Subject ◽  
The One

This paper explores the subject matter of legal informatics. The life-long work of the first author concerning the visualization and coding of statutes is generalized. Besides positive law and customary law, the emergence of machine law is a current topic of focus in the literature. In machine law, legal acts are posited by machines and not by humans (primarily in a situational context). The transformation of a legal act to a legal document can happen in two ways. First, it is a transformation of the legal act into explicit punctuation, for example, for announcement in the case of laws or for written execution in the case of judgments, and, second, as a trend towards electronic documents. Legal theory forms a meta-level to the law and similarly legal informatics forms a meta-level to legal information. Legal informatics in Austria is based on the work of Ota Weinberger, Ilmar Tammelo and Leo Reisinger and has been developed by Erich Schweighofer in the framework of the IRIS conferences. Legal informatics is distinguished from legal information, whereas legal logic and meta-theories appear on top of legal informatics. In terms of syntax, machine culture is characterized by formal notations. Notations of legal logic are just the beginning; the target is a technical notation, a basis for programming. Visualizations are in the middle. On the one hand, visualizations serve to understand people by breaking away from the textual; on the other hand, by emphasizing the formal they form a bridge to machines. Legal text can be translated directly into formal languages, but visualizations can facilitate this task as an intermediate methodological step. Hans-Georg Fill’s metamodeling can be seen as a metameta-level.

scholarly journals GENDER DIVISION OF LABOUR AND POLYGAMY

ALQALAM ◽  
2009 ◽  
Vol 26 (2) ◽  
pp. 229
Author(s):  
Siti Aisyah
Keyword(s):  
Gender Inequality ◽  
Division Of Labour ◽  
Customary Law ◽  
Marriage Law ◽  
Head Of Household ◽  
And Gender ◽  
The One ◽  
Clear Statement ◽  
Gender Division Of Labour ◽  
Do So

The Indonesian patriarchal culture and gender inequality is reflected in state policies, regulations and laws. As a pluralistic country comprising of different ethnic groups with specific cultures and traditions, Indonesia has four formal religions: Islam, Christianity, Hindu and Buddhism. Because of this, Indonesian law reflects cultural and religious diversity, including customary law or Adat law, the Marriage Law of 1974 as well as civil and criminal law. Two serious concerns of Marriage Law of 1974 are in relation to gender division of labour and polygamy which undermine Indonesian Muslim women. This paper discusses such an issue to allow women to get equaliry before the law and highlights its contribution to domestic violence.There are two contradictory stipulations with respect to the Marriage Law of 1974: equality in marriage and gender division of labour within marriage. On the one  hand, Article 31 (1) and Article 3 3 clearly state that there is no difference between husband and wife with respect to their basic rights such as love; respect, or fidelity. On the other hand, both of these Articles are contradicted with other articles which  differentiate between a husband's and wife's responsibilities. For example, Article 31 (3) and Article 34 stipulate a clear division between the roles of husbands and wives within marriage. This has become a reference point for Indonesian views in determining gender relations in marriage.Marriage Law of 1974 still which supports gender division of labour between wife and husband should be revised by providing a clear statement that these roles are conditional. This means that husbands can be domestic carers including taking care of children if they have no jobs, while wives can be finacial providers or the head of household if they are capable to do so. In this context, gender roles can be exchanged and are not strictly for a certain gender.  

scholarly journals Interaksi Antara Negara Dan Desa Adat Dalam Konstruksi Negara Kesatuan Republik Indonesia

SASI ◽  
2018 ◽  
Vol 24 (1) ◽  
pp. 59
Author(s):  
Andress Deny Bakarbessy
Keyword(s):  
The State ◽  
Customary Law ◽  
State Law ◽  
Unitary State ◽  
The Right

Indonesia is a unitary state that determines all regions of the country without exception constituting a unity of administrative and legal territory. However, in the territory of Indonesia there are also regions and unity of customary law communities, in this case the traditional village which has special characteristics that are special because it has existed before the formation of the State and has the right of origin in the administration of its government, and is recognized and respected by the State, so that the interaction between the State and customary villages allows conflicts between State law and customary law and traditions in the administration of government. For this reason, an ideal interaction between the State and the traditional village is needed which can create harmony and balance between the Country and the traditional village.

Pengaruh Adat dalam Hukum Keluarga terhadap Pembaruan Hukum Nasional

2019 ◽  
Vol 2 (1) ◽  
pp. 73-87
Author(s):  
Melani Diah Sekar Puri ◽  
Ridwan Arifin
Keyword(s):  
Criminal Law ◽  
Legal System ◽  
Family Law ◽  
Customary Law ◽  
European Law ◽  
Unitary State ◽  
National Legal System ◽  
Customary Laws

Indonesia as Unitary State consists of various kinds of tribes, customs, and even religions. The legal system adopted in Indonesia is not only civil or criminal law, but also mulually related religious and customary laws. Until recent years, Indonesia still uses European law as the national law and still try to make the customary law to be a national law. In fact, the implementation of European law is considered incompatible with the soul of the Indonesian people, especially in the the case family law. This paper seeks to uncover customary influences and effects in the development of family law in the national legal system.

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