844 resultados para feudal doctrine of tenure


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This layer is part of a set of georeferenced, raster images of the manuscript, paper map set entitled: Ch'ing-Hai upper Yellow River expedition : Rock and Simpson, 1925-27, [cartography by J.F. Rock]. Scale 1:250,000. This layer image is of Sheet VII [of 10] covering a portion of the Yellow River (Huang He) region in southern Gansu Sheng and northwestern Sichuan Sheng, China, including parts of Bailong Jiang and Tao He. Sheet VII includes a separate title: 'Cho-ni Territory, Upper and Lower T'ieh-Pu country and route to Sung-P'an, J. F. Rock, 1925-1927.' The map set details the route and surrounding environs of the Arnold Arboretum's "Western China" expedition led by Joseph Rock, 1924-1927. The set covers a portion of the Yellow River (Huang He) region in south central China (Qinghai, Gansu, and Sichuan shengs (a portion of historic Tibet)). It shows features, labeled variously in English, Chinese, Wade-Giles transliteration, and Tibetan, including: rivers, streams, lakes, mountains, gorges, valleys, plateaus, plains, cities, towns, villages, provincial capitals, county seats, passes, monasteries, ruin sites, native tribe locations, and more. Relief is shown by hachures, spot heights, and landform drawings. The original manuscript map set is part of the Harvard College Library, Harvard Map Collection. "Joseph Rock traced his travels for the [Arnold] Arboretum's [Western China] 1924-1927 expedition in a colorful, hand-drawn map entitled 'Ch'ing-Hai upper Yellow River expedition.' The pen-and-ink drawing was made on ten sheets that when joined form a single, irregularly-shaped map, approximately six by eight feet in size. The individual sheets are numbered, using roman numerals; on sheet VII is a second title, 'Choni Territory, Upper and Lower T'ieh-Pu country and route to Sung-Pan, J. F. Rock, 1925-1927.' Topographical and other features are identified using a combination of English, Chinese characters, Wade-Giles transliterations and Tibetan script. Rock's attractive cursive style and use of hachures, spot heights, and landform drawings to depict relief add character to the map." -- Text from the Arnold Arboretum Web site.

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This layer is part of a set of georeferenced, raster images of the manuscript, paper map set entitled: Ch'ing-Hai upper Yellow River expedition : Rock and Simpson, 1925-27, [cartography by J.F. Rock]. Scale 1:250,000. This layer image is of Sheet VIII [of 10] covering a portion of the Yellow River (Huang He) region in eastern Qinghai Sheng, southern Gansu Sheng, and northwestern Sichuan Sheng, China. The map set details the route and surrounding environs of the Arnold Arboretum's "Western China" expedition led by Joseph Rock, 1924-1927. The set covers a portion of the Yellow River (Huang He) region in south central China (Qinghai, Gansu, and Sichuan shengs (a portion of historic Tibet)). It shows features, labeled variously in English, Chinese, Wade-Giles transliteration, and Tibetan, including: rivers, streams, lakes, mountains, gorges, valleys, plateaus, plains, cities, towns, villages, provincial capitals, county seats, passes, monasteries, ruin sites, native tribe locations, and more. Relief is shown by hachures, spot heights, and landform drawings. The original manuscript map set is part of the Harvard College Library, Harvard Map Collection. "Joseph Rock traced his travels for the [Arnold] Arboretum's [Western China] 1924-1927 expedition in a colorful, hand-drawn map entitled 'Ch'ing-Hai upper Yellow River expedition.' The pen-and-ink drawing was made on ten sheets that when joined form a single, irregularly-shaped map, approximately six by eight feet in size. The individual sheets are numbered, using roman numerals; on sheet VII is a second title, 'Choni Territory, Upper and Lower T'ieh-Pu country and route to Sung-Pan, J. F. Rock, 1925-1927.' Topographical and other features are identified using a combination of English, Chinese characters, Wade-Giles transliterations and Tibetan script. Rock's attractive cursive style and use of hachures, spot heights, and landform drawings to depict relief add character to the map." -- Text from the Arnold Arboretum Web site.

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This layer is part of a set of georeferenced, raster images of the manuscript, paper map set entitled: Ch'ing-Hai upper Yellow River expedition : Rock and Simpson, 1925-27, [cartography by J.F. Rock]. Scale 1:250,000. This layer image is of Sheet X [of 10] covering a portion of the Yellow River (Huang He) region in northeastern Sichuan Sheng, China, including the source of the Min Chiang (Min Jiang). The map set details the route and surrounding environs of the Arnold Arboretum's "Western China" expedition led by Joseph Rock, 1924-1927. The set covers a portion of the Yellow River (Huang He) region in south central China (Qinghai, Gansu, and Sichuan shengs (a portion of historic Tibet)). It shows features, labeled variously in English, Chinese, Wade-Giles transliteration, and Tibetan, including: rivers, streams, lakes, mountains, gorges, valleys, plateaus, plains, cities, towns, villages, provincial capitals, county seats, passes, monasteries, ruin sites, native tribe locations, and more. Relief is shown by hachures, spot heights, and landform drawings. The original manuscript map set is part of the Harvard College Library, Harvard Map Collection. "Joseph Rock traced his travels for the [Arnold] Arboretum's [Western China] 1924-1927 expedition in a colorful, hand-drawn map entitled 'Ch'ing-Hai upper Yellow River expedition.' The pen-and-ink drawing was made on ten sheets that when joined form a single, irregularly-shaped map, approximately six by eight feet in size. The individual sheets are numbered, using roman numerals; on sheet VII is a second title, 'Choni Territory, Upper and Lower T'ieh-Pu country and route to Sung-Pan, J. F. Rock, 1925-1927.' Topographical and other features are identified using a combination of English, Chinese characters, Wade-Giles transliterations and Tibetan script. Rock's attractive cursive style and use of hachures, spot heights, and landform drawings to depict relief add character to the map." -- Text from the Arnold Arboretum Web site.

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This layer is part of a set of georeferenced, raster images of the manuscript, paper map set entitled: Ch'ing-Hai upper Yellow River expedition : Rock and Simpson, 1925-27, [cartography by J.F. Rock]. Scale 1:250,000. This layer image is of Sheet I [of 10] covering a portion of the Yellow River (Huang He) region in eastern Qinghai Sheng, China. The map set details the route and surrounding environs of the Arnold Arboretum's "Western China" expedition led by Joseph Rock, 1924-1927. The set covers a portion of the Yellow River (Huang He) region in south central China (Qinghai, Gansu, and Sichuan shengs (a portion of historic Tibet)). It shows features, labeled variously in English, Chinese, Wade-Giles transliteration, and Tibetan, including: rivers, streams, lakes, mountains, gorges, valleys, plateaus, plains, cities, towns, villages, provincial capitals, county seats, passes, monasteries, ruin sites, native tribe locations, and more. Relief is shown by hachures, spot heights, and landform drawings. The original manuscript map set is part of the Harvard College Library, Harvard Map Collection. "Joseph Rock traced his travels for the [Arnold] Arboretum's [Western China] 1924-1927 expedition in a colorful, hand-drawn map entitled 'Ch'ing-Hai upper Yellow River expedition.' The pen-and-ink drawing was made on ten sheets that when joined form a single, irregularly-shaped map, approximately six by eight feet in size. The individual sheets are numbered, using roman numerals; on sheet VII is a second title, 'Choni Territory, Upper and Lower T'ieh-Pu country and route to Sung-Pan, J. F. Rock, 1925-1927.' Topographical and other features are identified using a combination of English, Chinese characters, Wade-Giles transliterations and Tibetan script. Rock's attractive cursive style and use of hachures, spot heights, and landform drawings to depict relief add character to the map." -- Text from the Arnold Arboretum Web site.

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[Introduction]. The purpose of this paper is twofold. First, it examines selectively the provisions of the draft Constitution pertaining to the Court of Justice and assesses the ways in which the draft Constitution is likely to affect the jurisdiction and the function of the Court. Secondly, it discusses the challenges faced by the Court in relation to the protection of human rights by reference to the recent judgment in Schmidberger.1 Both aspects of the discussion serve to underlie that the Court is assuming the function of the Supreme Court of the Union whose jurisdiction is fundamentally constitutional in character. It has a central role to play not only in relation to matters of economic integration but also in deciding issues of political governance, defining democracy at European and national level, and contributing through the process of judicial harmonisation to the emergence of a European demos. This constitutional jurisdiction of the ECJ is not new but has acquired more importance in recent years and is set to be enhanced under the provisions of the new Constitution. The paper is divided as follows: The first section provides an overview of the way the new Constitution affects the ECJ. The subsequent sections examine respectively Article 28(1) of the draft Constitution, the appointment and tenure of the judiciary, locus standi for private individuals, sanctions against Member States, jurisdiction under the CFSP and the Chapter on freedom, security and justice, preliminary references, other provisions o f the Constitution pertaining to the Court, the principle of subsidiarity, and the judgment in Schmidberger. The final section contains some concluding remarks.

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This Commentary argues that the failure to recognise shared responsibility for the banking crisis in Cyprus has led to the imposition of a bail-in template that increases the risk of banking crises and economic depression in the eurozone.

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This paper assesses the effectiveness of the Meroni doctrine in the light of the recent judgment in the ESMA case. The first part explains in detail the problem of delegation of powers in the EU from the perspective of the principal-agent theory and complements it with the analysis of the trade-off between different levels of independence and accountability of agencies. A simple economic model is developed to illustrated the relationship between the independence and accountability of an agency. It shows that it is the accountability mechanism that induces the agent to act, rather than the extent of his independence. The paper also explains the inter-temporal interactions between the principal and the agent on the basis of the incentives in place for the different players. The second part is devoted to analysis of the functioning of ESMA in the context of its delegated powers. After the presentation of main aspects of the regulatory framework establishing ESMA, the paper continuous with an analysis and interpretation of the discretionary powers of ESMA. The rather rigid position of the Court of Justice in relation to the Meroni doctrine seems to be unsuitable to delegation of complex regulatory tasks. This is particularly evident in the case of financial markets. Finally, the judgment does not examine in any detail whether and how the principals - i.e. the EU and Member States - are best able to evaluate the quality of ESMA decisions and regulations and whether there are different but more effective accountability mechanisms.

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After Japan’s snap Lower House elections called on December 14 by old – and now new – Prime Minister Shinzo Abe, it will hopefully be the former, but probably the latter. This is the very opposite of what Abe promised would happen after his two-year tenure, which included many missed opportunities to adopt badly needed economic reforms capable of leading the country back onto a path of sustainable economic growth. While the jury is still out on whether Abe will focus this time around on economic reforms as opposed to attempts to boost the country’s defense profile and get rid of Japan’s constitutionally prescribed pacifism, his (very) nationalist and at times revisionist political track record suggests that it could be the latter yet again.

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This paper demonstrates a mixed approach to the theme of the instrumentality of law by both analysing the goal of a legal transformation and the techniques adapted to achieve it. The correct recognition of a certain practical necessity has lead the Swiss Federal Tribunal to an intriguing judgement “Fussballclub Lohn-Fall” of 1997. The legal remedies provided for cases of unfair advantage have been then creatively modified praeter legem. The adaptation was strongly influenced by foreign legal patterns. The Swiss Code of Obligations of 1911 provides a norm in art. 21 on unfair advantage (unconscionable contract), prescribing that if one party takes unjustified advantage over the weaknesses of another in order to receive an excessive benefit, such a contract is avoidable. Its wording has been shaped over a hundred years ago and still remains intact. However, over the course of the 20th century the necessity for a more efficient protection has arisen. The legal doctrine and jurisprudence were constantly pointing out the incompleteness of the remedies provided by art. 21 of the Code of Obligations. In the “Fussballclub Lohn-Fall” (BGE 123 III 292) the Swiss Federal Tribunal finally introduced the possibility to modify the contract. Its decision has been described as “a sign of the zeitgeist, spirit of the time”. It was the Swiss legal doctrine that has imposed the new measure under the influence of the German “quantitative Teilnichtigkeit” (quantitative partial nullity). The historical heritage of the Roman laesio enormis has also played its role.

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Press notices: p. 7, 107.

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Thèse--Univ. de Paris.

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Mode of access: Internet.

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"Reprinted from the Hispanic American historical review, vol. IV, no. 4, November 1921."

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Repr. from Political Science Quarterly, Vol. XXXI, No. 4, Dec. 1916.