2 resultados para Maritime law--Canada.
em BORIS: Bern Open Repository and Information System - Berna - Suiça
Resumo:
Discussing new or recently reformed citizenship tests in the USA, Australia, and Canada, this article asks whether they amount to a restrictive turn of new world citizenship, similar to recent developments in Europe. I argue that elements of a restrictive turn are noticeable in Australia and Canada, but only at the level of political rhetoric, not of law and policy, which remain liberal and inclusive. Much like in Europe, the restrictive turn is tantamount to Muslims and Islam moving to the center of the integration debate.
Resumo:
Whilst the principle of proportionality indisputably plays a crucial role in the protection of fundamental rights, it is still unclear to what extent it applies to other fields in international law. The paper therefore explores the role it plays in selected fields of public international law, beyond human rights. The examination begins in the classical domain of reprisals and in maritime boundary delimitation and continues to analyse the role played in the law of multilateral trade regulation of the World Trade Organization and in bilateral investment protection. In an attempt to explain differences in recourse to proportionality in the various fields, we develop in our conclusions a distinction between horizontal and vertical constellations of legal protection.