The Law of Treaties, A Guide to the Legislative History of the Vienna Convention. By Shabtai Rosenne. (Dobbs Ferry, N.Y.: Oceana Publications, Inc., 1970. Pp. 443. $25.00.)

AbstractThe Diversification and expansion of International Law has sparked a series of debates on the present status and future of International Law; even more so, since the ILC decided to tackle the issue of fragmentation. One of the areas of research and controversy has been Article 31(3)(c) of the Vienna Convention on the Law of Treaties which, arguably, enshrines the principle of systemic integration. The aim of this article is to explore the evolution of Article 31(3)(c) from its first inception by the forefathers of international law up to the finalization of the text of the Vienna Convention on the Law of Treaties. By mapping the critical arguments in the three main fora of debate (i.e the Institut de Droit International, the International Law Commission and the Vienna Conference on the Law of treaties) what arises is a series of conclusions with respect to certain aspects of Article 31(3)(c) as well as certain recurring themes in the nature and progress of the discussions. All of the above will show that the drafting history of Article 31(3)(c) seems to suggest that the relevant provision was meant to serve a purpose expressed more concisely by the symbol of Ouroboros rather than of a mere "master-key" to the house of International Law.

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Paying for America’s Elections: The Bipartisan Campaign Reform Act of 2002 and Information Access

DttP Documents to the People ◽

10.5860/dttp.v47i4.7217 ◽

2019 ◽

Vol 47 (4) ◽

pp. 21

Author(s):

Rachel Condon

Keyword(s):

Campaign Finance ◽

Information Access ◽

American People ◽

Access To Information ◽

Federal Election ◽

Legislative History ◽

Election Process ◽

History Of ◽

The Law

This paper provides an overview of the legislative history of the Bipartisan Campaign Reform Act of 2002 (BCRA), known popularly as McCain-Feingold. It will also explore the challenges to the act in the courts. The paper will conclude with a review of access to campaign finance reports resulting from the Bipartisan Campaign Reform Act of 2002. With a rich legislative history that spans several Congresses as well as a history of judicial interventions which have shaped the law as it stands today, it is pertinent that the American people have access to information associated with the law so as to better understand the federal election process and assess its strengths and weaknesses in advance of the 2020 elections.

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CHURCH AUTONOMY, SEXUAL ORIENTATION, AND EMPLOYMENT POLICY IN BRITAIN: A LEGISLATIVE HISTORY OF THE EMPLOYMENT PROVISIONS OF THE EQUALITY ACT 2010

RELIGION AND POLITICS IN THE CONTEMPORARY TURKISH-SPEAKING WORLD - POLITICS AND RELIGION JOURNAL ◽

10.54561/prj0701173w ◽

2013 ◽

Vol 7 (1) ◽

pp. 173-191

Author(s):

Jerold Waltman

Keyword(s):

Sexual Orientation ◽

Religious Institutions ◽

Employment Policy ◽

Labour Government ◽

Legislative History ◽

Liberal Pluralism ◽

History Of ◽

The Law ◽

The Moment

How much autonomy should religious institutions have when they employ paid staff? This paper lays out two contrasting models, blanket liberalism and liberal pluralism, that come into play in this area. It then examines in some detail how Parliament dealt with the issue as it considered the Equality Act 2010, especially as the law pertained to sexual orientation. Although the Labour government would have liked to have pushed the country more toward blanket liberalism, in the end it left the law as it was, which was a victory, for the moment at least, for those churches who wished to retain their present degree of autonomy.

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Section 1031 Like-Kind Exchanges: Review of the Past and Proposal for the Future

The ATA Journal of Legal Tax Research ◽

10.2308/jltr-51082 ◽

2015 ◽

Vol 13 (1) ◽

pp. 1-16

Author(s):

Edward J. Schnee ◽

Shane R. Stinson

Keyword(s):

Dual Use ◽

Legislative History ◽

The Past ◽

Policy Suggestions ◽

The Future ◽

History Of ◽

The Law ◽

Over Time

ABSTRACT Congress created the tax-free exchange of like-kind property over 90 years ago and has since made several revisions to the law to prevent tax abuse and limit its application. However, the like-kind exchange rules, now governed by Section 1031, are expanding over time. In this article, we review the legislative history of Section 1031 and recently proposed changes to the law. In line with recent proposals, we recommend that Congress eliminate the special tax treatment granted to like-kind exchanges. However, in the event that Congress is unable or unwilling to make such a change, we also offer policy suggestions to limit current abuses of the like-kind provision relating to exchanges of investment property, the use of qualified intermediaries in non-simultaneous exchanges, and exchanges involving dual-use property.

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Floor and Apartment Ownership System A vision for a New Legislative Organization in Iraqi Law

10.21928/uhdicdial.pp65-84 ◽

2021 ◽

Author(s):

MOHAMMED JAFAR

Keyword(s):

Civil Law ◽

Arab Countries ◽

Housing Crisis ◽

Legislative Organization ◽

Legislative History ◽

The Real Estate ◽

Common Ownership ◽

History Of ◽

The Common ◽

The Law

The system of ownership of floors and apartments represents a developed form of the forms of class ownership. In addition to the old image that prevailed in the old laws of the ownership of classes, represented by the system of ownership of the top and bottom, it appeared in Europe as a result of the acute housing crisis in which the system of ownership of floors and apartments occurred. The law was adopted The Egyptian civil system adopted this system, and from it the majority of laws in Arab countries were taken. This advanced system of tiered ownership is based on dividing the vertical building into tiers or apartments owned by multiple persons, separate ownership and common ownership in the building structure, its land and all the common parts intended for the common use of the owners. Although the Iraqi civil law did not adopt the system of ownership of floors and apartments in its texts, the Iraqi legislator tried to fill this legislative deficiency in the Real Estate Registration Law No. (43) of 1971, and despite that, the system of ownership of floors and apartments remained unorganized and constituted completely in Iraqi legislation, The Iraqi legislator has made many attempts to fill this shortcoming, the most recent of which was his issuance of the Law Regulating Ownership of Floors and Apartments in Buildings No. (61) of 2000. However, the change that Iraq witnessed after 2003 made it necessary to reconsider the legislative regulation of the system of ownership of floors and apartments, from During the development of a new regulation in line with the investment laws and instructions in Iraq and in the Kurdistan Region of Iraq. We have divided our research into three demands. In the first requirement, we discussed the legislative history of the ownership system of floors and apartments in Iraqi law. In the second requirement, we discussed the legal systems applied in the ownership of classes. As for the third requirement, we devoted it to discussing ways to manage the common parts in the system of ownership of floors and apartments. . We concluded our research, with a conclusion in which we mentioned the most important conclusions, the most important of which is the distinction of the system of ownership of floors and apartments from the system of ownership of the top and bottom, and the multiplicity of Iraqi laws that dealt with this system by organizing without the existence of a comprehensive law for all its provisions applicable to all parts of Iraq, and we suggested finding a new legal organization in the Iraqi legislation , by regulating the substantive provisions of the system of ownership of floors and apartments in the Iraqi civil law, and the necessity of developing a special law dealing with the detailed provisions of this system.

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The Legislative History of the Gold Coast and Nigerian Marriage Ordinances:II

Journal of African Law ◽

10.1017/s0021855300003259 ◽

1969 ◽

Vol 13 (3) ◽

pp. 158-178

Author(s):

Shirley Zabel ◽

B. Ceylon

Keyword(s):

Gold Coast ◽

Legislative History ◽

Secretary Of State ◽

History Of ◽

The Law ◽

History Of Marriage

The next chapter in the history of the Gold Coast and Nigerian marriage ordinances is encountered a few years later in documents concerning the law of marriage in Ceylon.2On May, 30th, 1863, Governor MacCarthy wrote to the Duke of Newcastle, then Secretary of State for the Colonies, a lengthy despatch concerning the history of marriage in Ceylon and expressing his views on the need for a new ordinance.

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A Tale of Two Countries: Divorce in England and Prussia, 1670–1794

The American Journal of Comparative Law ◽

10.1093/ajcl/avab005 ◽

2021 ◽

Author(s):

Saskia Lettmaier

Keyword(s):

Eighteenth Century ◽

European Countries ◽

Legal Change ◽

Legislative History ◽

Legal Development ◽

History Of ◽

The Law

Abstract Why did two leading European countries (Prussia and England), which at first sight appeared to have much in common, enact radically different divorce legislation during the eighteenth century? This Article takes a close look at each country’s reforms, their legislative history, and their likely effects in an effort to tease out what motives lay behind them. And by connecting the legal changes to the countries’ sociopolitical and intellectual structures, it goes on to explain why the reforms were so different. The Article’s findings are relevant not only for the history of the law of divorce, but also for the broader issue of what forces play a role in the evolution of the law. Today, few would doubt the proposition that there are social and ideological “causes” of legal development. However, what these causes are and in what combination they have to be present for a legal change to occur are questions that are rarely examined in any detail.

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