150 resultados para legal pluralism
Resumo:
“The research paper considers the legal issues arising from the Canadian Native Residential Schools and the Australian ‘stolen generation’. The paper compares and contrasts the approaches taken by the respective courts and governments in these Nations to the various causes of actions stemming from such. Building on this, the paper will focus on the legal issues that are yet to be considered by the courts including breaches of domestic and international treaties, liability for loss of culture and language intergenerational claims.”
Resumo:
Evaluating legal services marketing strategies.
Resumo:
Collectives and their interrelations are central to international law. Legal relations between collectives can be analysed with reference to the classic account of Hohfeld without reducing those collectives to mere aggregates of individuals and without recourse to the legal fiction of treating the collective, for example the state, as a quasi-individual. The rights of collectives have been widely if not conclusively explored within international law, but Hohfeld’s ‘field’ approach to legal relations enables the scrutiny of the range of relations, including immunities, liberties, powers, and disabilities, as well as claim-rights and the corresponding obligations in others. The main substantive topics for discussion are the legal relations of collective entities such as peoples and minorities, and closely related matters such as self-determination. Applying Hohfeldian analysis to international law highlights the centrality of international collective entities of which the state represents only one variety. The approach described here therefore takes account of the dethroning of the state within contemporary international law and contributes to the theorization of that development. Nearly one hundred years after its
first appearance, Hohfeld’s analytic scheme continues to generate insights for international law.
