The Charter of Economic Rights and Duties of States and the Deprivation of Foreign-Owned Wealth

1981 ◽  
Vol 75 (3) ◽  
pp. 437-475 ◽  
Author(s):  
Burns H. Weston

In a parable drawn from The Trial, Franz Kafka once etched the following chilling profile: Before the Law stands a doorkeeper on guard. To this doorkeeper there comes a man from the country who begs for admittance to the Law. But the doorkeeper says that he cannot admit the man at the moment. The man, on reflection, asks if he will be allowed, then, to enter later. “It is possible,” answers the doorkeeper, “but not at this moment.” Since the door leading into the Law stands open as usual and the doorkeeper steps to one side, the man bends down to peer through the entrance. When the doorkeeper sees that, he laughs and says: “If you are so strongly tempted, try to get in without my permission. But note that I am powerful. And I am only the lowest doorkeeper. From hall to hall keepers stand at every door, one more powerful than the other. Even the third of these has an aspect that even I cannot bear to look at.” These are difficulties which the man from the country had not expected to meet; the Law, he thinks, should be accessible to every man at all times….

2013 ◽  
Vol 14 (2) ◽  
pp. 405-422 ◽  
Author(s):  
Gunther Teubner

Before the Law stands a doorkeeper. A man from the countryside comes up to the door and requests admittance to the Law. But the doorkeeper says that he can't grant him admittance now. The man thinks it over and then asks if he'll be allowed to enter later. “It's possible” says the doorkeeper, “but not now.” Since the gate to the Law stands open as always, and the doorkeeper steps aside, the man bends down to look through the gate into the interior. When the doorkeeper sees this, he laughs and says: “If you're so drawn to it, go ahead and try to enter, even though I've forbidden it. But bear this in mind: I'm powerful. And I'm only the lowest doorkeeper. From hall to hall, however, stand doorkeepers each more powerful than the one before. The mere sight of the third is more than even I can bear.” The man from the country has not anticipated such difficulties; the Law should be accessible to anyone at any time, he thinks, but as he now examines the doorkeeper in his fur coat more closely, his large, sharply pointed nose, his long, thin, blank tartar's beard, he decides he would prefer to wait until he receives permission to enter. And the doorkeeper gives him a stool and lets him sit down at the side of the door. He sits there for days and years. He asks time and again to be admitted and wearies the doorkeeper with his entreaties. The doorkeeper often conducts brief interrogations, inquiring about his home and many other matters, but he asks such questions indifferently, as great men do, and in the end he always tells him he still can't admit him. The man, who has equipped himself well for the journey, uses everything he has, no matter how valuable, to bribe the doorkeeper. And the doorkeeper accepts everything, but as he does so he says: “I'm taking this just so you won't think you've neglected something.” Over the many years, the man observes the doorkeeper almost incessantly. He forgets the other doorkeepers and this first one seems to him the only obstacle to his admittance to the Law. He curses his unhappy fate, loudly during the first years, later, as he grows older, merely grumbling to himself. He turns childish, and since he has come to know even the fleas in the doorkeeper's collar over his years of study, he asks the fleas too to help him change the doorkeeper's mind. Finally his eyes grow dim and he no longer knows whether it's really getting darker around him or if his eyes are merely deceiving him. And yet in the darkness he now sees a radiance that streams forth inextinguishably from the door of the Law. He doesn't have much longer to live now. Before he dies, everything he has experienced over the years coalesces in his mind into a single question he has never asked the doorkeeper. He motions to him, since he can no longer straighten his stiffening body. The doorkeeper hat to bend down to him, for the difference in size between them has altered greatly to the man's disadvantage. “What do you want to know now,” asks the doorkeeper, “you're insatiable.” “Everyone strives to reach the Law,” says the man, “how does it happen, then, that in all these years no one but me has requested admittance.” The doorkeeper sees that the man in nearing his end, and in order to reach his failing hearing, he roars at him: “No one else could gain admittance here, because this entrance was meant solely for you. I'm going to go and shut it now.”


1974 ◽  
Vol 9 (3) ◽  
pp. 346-351 ◽  
Author(s):  
Yair Zakovitch

This short article deals with two of the Deuteronomic laws: the law of the tithe (Deut. 14:22–28; 26:12–16) and the law of the Hebrew slave (Deut. 15:12–18). It is not intended to present a comprehensive study of these two laws, but to limit the investigation to the uncovering of those ancient laws referred to only by the author of Deuteronomy and not by the authors of the other Biblical codes, including that of the Covenant Code.I.Bashanah hashlishit shnat hama'asar“in the third year, which is the year of tithing” (Deut. 26:12).The reader of the law of the declaration of the tithe will quickly discern a contradiction: the tithe of the third year is given to the Levite, sojourner, orphan, and widow,bisharekha, literally, “within your gates” (within which there are no cultic places according to the laws of Deuteronomy—Deut. 26:2b). On the other hand, the tithe is declared in the Templelifnei adonai“before the Lord” (Deut. 26:1s). Another surprising point is that the law creates an impression of unfamiliarity with the annual tithe. Apparently, only the triennial tithe is known: “in the third year, which is the year of tithing”.


2001 ◽  
Vol 50 (4) ◽  
pp. 767-786 ◽  
Author(s):  
L. D. M. Nelson

The question of reservations was one of the ‘controversial issues’ facing the Third United Nations Conference on the Law of the Sea in drawing up the final clauses of the Convention. On the one hand it was argued that the integrity of the Convention must be safeguarded and that the ‘package deal’ must be protected from possible disintegration by the making of reservations. On the other hand the view was held that ‘allowance for the possibility of reservations is aimed at accommodating the views of the delegations who have maintained that they cannot become parties to the Convention unless the Convention permits them to exercise a right to enter reservations, in accordance with customary international law and as envisaged under the Vienna Convention on the Law of Treaties.’ In short the need to preserve the integrity of the Convention was pitted against the need to secure universal participation in the Convention.


2015 ◽  
Vol 10 (1) ◽  
pp. 108-127
Author(s):  
Ainol Yaqin

Tarjîh  is a method tool of istinbâth in Islamic law. The method is formulated by ulama’ ushul to find a bright spot to set Islamic law among the opposite theorems. The existence of the method is very important in choosing strong/pure al-Qur’an texts and Hadits from some of the other Hadits related to the law problems. Therefore, the ulama’ ushul fiqh al-Hanafiyyah, al-Mâlikiyyah, al-Syâfi’iyyah, al-Hanâbilah dan al-Zhâhiriyyah construct steps to take to solve the dead end in ijtihad when they face some contradictory theorems. Al-Hanafiyyah takes four ways to deal with two or more contradictory al-Qur’an texts and Hadits. First, al-naskh (to clear, to cancel), second, al-tarjîh (to strengthen, to favor), third, al-jam’ wa al-tawfiq (to combine, to compromise) and the last is tasâquth al-dalilayn (to break and move to another theorems). While, methods used to deal with the contradictory theorems by al-Mâlikiyyah, al-Syâfî’iyyah, al-Hanâbilah dan al-Zhâhiriyyah is first, al-jam’ wa al-tawfiq bayn al muta’aridlayn bi wajh maqbul (collect and compromise the contradictory theorems from one side), second, al-tarjîh, the third, al-naskh and the last is tasâquth al-dalilayn. Tarjîh can be done by considering some sides, those are, a. Sanad side (The chain of Hadits reader), b. Matan side (Hadits text), c. Law contained in the law side (text or Hadits) and d. translation from other theorems.


1963 ◽  
Vol 10 (2) ◽  
pp. 123-130
Author(s):  
R. Sri Pathmanathan

Having been associated with a recent production of Euripides' Cyclops in the original Greek at Ibadan, I feel prompted to reply to Peter Arnott's charges against Euripides' adaptation of the well-known episode in Homer's Odyssey, ix. We know very little about the origin and nature of satyric drama, and it seems unfair to discuss the structure of the Cyclops on a priori grounds or to compare it with the form of Greek tragedy. We do not subject Old Comedy to this kind of treatment because we are aware in this case of the dissimilar elements which came together to produce the disjointed articulation that Old Comedy displays. It may well be that ‘the pattern of decline’ in the composition of the choruses and episodes noted by Arnott is not the result of hasty composition and overwork but is merely indicative of a looser structure allowed by the conventions of the satyr play. On the other hand, the intervention of the chorus in the Cyclops is always eminently dramatic— not too long-drawn-out or too brief—and gives a life and impetus to the play which modern audiences, unfamiliar with the choral tradition of Greek tragedy, miss in more regularly constructed plays. The ‘miserable couplet’ which serves as exodos is not unparalleled even in tragedy, although the iambics in place of the more usual anapaests are certainly unexpected. In general, the choral odes are admirably suited to the grotesque personalities of the satyrs; they include two haunting lyrics, lines 495–502 and 511–18 (unfortunately somewhat mutilated) which rank in rhythm and imagery with some of the best of Euripides, and at the moment of greatest tension, in the third and fourth stasima, are commendably brief and onomatopoeic.


Author(s):  
Kittichaisaree Kriangsak

This chapter assesses applications for provisional measures of protection under the 1982 United Nations Convention on the Law of the Sea (UNCLOS). At the Third UN Conference on the Law of the Sea, the need for courts or tribunals having jurisdiction under UNCLOS to have the power to prescribe provisional measures was beyond dispute although there was considerable debate concerning the details of the regime associated with such measures. The finally adopted Article 290 of UNCLOS, under the heading ‘Provisional measures’, represents the best possible compromise. Provisional measures are divided into provisional measures prescribed by the International Tribunal for the Law of the Sea (ITLOS) under Article 290(1) pending ITLOS’ judgment on the merits of the dispute, on the one hand, and provisional measures prescribed by ITLOS under Article 290(5) pending the constitution of an arbitral tribunal to which a dispute is being submitted, on the other hand. The request for the prescription of provisional measures shall be in writing and specify the measures requested, the reasons therefor, and the possible consequences, if the request is not granted, for the preservation of the respective rights of the parties or for the prevention of serious harm to the marine environment.


2005 ◽  
Vol 18 (2-3) ◽  
pp. 213-232
Author(s):  
Denis Le May

The purpose of this paper is to examine the implication and details of the consolidation of the statutes of the Province of Quebec which is now under way. Unlike earlier consolidations, this one will be permanent and brought up to date annually, and as he approaches his subject, the author describes what must be understood by keeping up to date and who should be responsible for the task. Next, he discusses the technical aspects which ought to be considered in the process of keeping the consolidation up to date, among which are the moment and methods to inserting new texts, the numbering of sections, and the vehicle for the publication of amending legislation. In the third part of his paper, the author describes what important changes would have to be made to the present situation, should the proposed system be adopted. These changes are both documentary (a new presentation of the Quebec official Gazette is advocated) and legislative (new duties of the Quebec Official Printer are stressed). Finally there is established a link between the permanent consolidation and a policy for non-official consolidations. The author concludes with the expression of a point of view on the access of the people to the law.


2015 ◽  
Vol 33 (3) ◽  
pp. 703-743 ◽  
Author(s):  
Okezi Otovo

On August 28, 1919, Brazil's most famous pediatrician, Dr. Carlos Arthur Moncorvo Filho, addressed his colleagues at the illustrious National Academy of Medicine in Rio de Janeiro, reminding them that consanguineous marriage was the topic of the moment. Dr. Moncorvo Filho's insistence that “everyone knew why” was a reference to a proposal made before the Senate just three months prior by Senators Eloy de Souza of the state of Pernambuco and Álvaro de Carvalho of São Paulo. The senators proposed that language prohibiting marriage between blood relatives in the recently ratified Brazilian Civil Code be amended to allow for special juridical or medical dispensation. Souza and Carvalho, with the backing of the Catholic Church and a minority of members of the Brazilian Institute of Attorneys, supported permitting marriage between third-degree relatives under special circumstances. At issue for the attorneys was how the law would deal with situations in which couples had a compelling need to marry within the third degree of kinship. A recent case of an uncle who had “deflowered” his niece and then offered to “remedy the damage” through marriage brought this issue to public debate. Marriages between uncles and their nieces and aunts and their nephews (third-degree relations) were traditional in Brazil, and Brazilian law had a long history of yielding to custom and context. However, under the new laws of the 30-year-old republic, this type of marriage was no longer legal, having been specifically prohibited by the 1916 Civil Code. Senators Souza and Carvalho, both lawyers by training, proposed reforming the Code, while their ultimately unsuccessful amendment sparked vigorous debate in both legal and medical circles on the validity of marriage restrictions within the third degree of consanguinity. As a result, physicians at Brazil's leading medical schools and their jurist counterparts at the law schools took sides on this critical issue, dividing themselves into rival camps of consanguinistas and anticonsanguinistas.


2021 ◽  
Vol 4 (2) ◽  
pp. 41-64
Author(s):  
Tamás Nótári ◽  
Előd Pál

In this paper, we wish to make a few comments on the third edition of the hungarian translation of the Romanian Civil Code, without claiming to be exhaustive. Our translation suggestions concern certain provisions of personal (and family) law, law of property and law of obligations. We will expand on the concepts of legal personality, legal capacity and capacity to act in the personal law section, the concepts of property and assets in the law of property section, and the relationship between the concepts of legal fact and deed in the law of obligations section, and then make translation and correction suggestions for all the other articles in the books mentioned.


2011 ◽  
Vol 152 (14) ◽  
pp. 559-568
Author(s):  
Mária Resch ◽  
Tamás Bella

Criminology and criminal-psychology are sciences dealing mostly with the personality of the criminals as well as the interconnections of crime and deviance. The other player of the crimes – the victim - has recently come into focus posing the question why and how somebody is becoming a victim, and what effect can the victim have when the crime is being committed. The first international publications appeared at the beginning of the third millennium on so-called victims who are convinced to suffer from material, moral or other damages and, accordingly, who would pursue “justice” at any rate. They often appeal against decisions. Considering these facts the procedures are rather thorough and circumspect. A significant part of the law-enforcement staff is heavily involved for long periods. On the other side there is the person considered criminal being actually the real victim. These people are getting alienated from the society because of their reckoned deeds and, because of the distorting influence of the media they are condemned morally. The present study describes the syndromes of fake-victim, their occurrence as well as psychiatric considerations, social appearance and impact. Authors are drawing attention to the medical-legal existence of the problem as well as its existence. Orv. Hetil., 2011, 152, 559–568..


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