Global ETD Search
Search theses and dissertations gathered from participating repositories worldwide. Every result links back to the library that holds it. No account is needed.
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Showing 1 to 20 of 21 for “"substantive law"”.
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The New Lex Mercatoria: Applicability of Lex Mercatoria as Substantive Law in International Commercial Arbitration
… attained the status of an autonomous system of law. Traces of the law merchant derive from the early ages, a time when merchants began to traverse the world in search for new markets. This created a need to govern their businesses and conduct to avoid the interference of their affairs by …
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Essential Principles of Contract and Sales Law in the Norhern Pacific: Federated States of Micronesia, the Republics of Palau and the Marshall Islands, and United States Territories and Political Entities
This text includes the general contract and sales law that applies in the geographic region identified as the Northern Pacific, including the Republics of Palau and the Marshall Islands, Hawaii, Guam, Commonwealth of the Northern Mariana Islands, American Samoa and in the Federated States of …
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Criminal Justice and Public Health: A Need for Cross-System Collaboration Between Jails and Medicaid to Reduce Recidivism
… criminal justice system. A significant change in substantive law made by the Affordable Care Act (ACA) presents new opportunities for bridging the two systems (health care and criminal justice) that serve this high-needs population. This paper (1) describes challenges in providing substance use …
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NATIONAL PROSECUTION OF INTERNATIONAL CRIMES IN AFRICA Law and Practice from Kenya, Rwanda and Uganda
… level in Africa. This analysis provides the substantive law that exists in the area of international criminal justice as it stands today. The laws have improved over the years and it is concluded that there is a reasonable legal framework addressing core international crimes in selected …
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India’s international investment agreements and India’s regulatory power as a host nation
… also made it imperative to critically review the substantive law the investor-state tribunals apply i.e. the IIAs. In this light, this thesis will critically analyse Indian IIAs, which have not been subjected to detailed research yet, despite India’s gigantic IIA programme and India’s increasing …
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'Extenuating circumstances' in the South African law of murder
… was' introduced into the South African criminal law of murder. 1935 in _tile use of those two words alone. It was left to the course, without any further legislative aid, to provide the definition, structure, and development of the concept. Over the· period of more than forty years there has …
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Justice Robert Jackson and the evolution of administrative law
… upon a satisfactory definition of administrative law. To help explain this present-day confusion, conceptual history of administrative law is presented. This history, which stresses how administrative law has been perceived, is divided into three major periods: 1893-1913, 1933-1946, and 1946 to …
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The effectiveness of shareholder dispute resolution in private companies under UK companies legislation: an evaluation
… subsequent Report published in October 1997 the Law Commission criticised the length, cost and complexity of proceedings under these provisions which were said to diminish their effectiveness as a tool for resolving shareholder disputes. After the Law Commission Report there have been significant …
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The equity side of the exchequer: its jurisdiction, administration, procedures, and records
… of institutional history for both the lawyer and the historian will, hopefully, overcome this initial discouragement. Substantive law is inextricably intermingled with the procedures of the court; the practicalities of the prosecution of a lawsuit can never be neglected. Of initial and …
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The Common European Sales Law (CESL): A Private International Law and Comparative Law Analysis
… the (in-)effectiveness of the latest EU Private Law initiative on the creation of a Common European Sales Law (CESL). It comprises four parts, which correspond to the most complex and important aspects of the CESL’s novel legal response to the problem of creating a uniform legal instrument. These …
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Sexual assault: public debate and criminal law reform
Canada's most recent amendments to the criminal law on sexual assault were developed in consultation with women's groups in response to the decision of the Supreme Court of Canada that existing restrictions on the admission of evidence of the sexual pasts of complainants in sexual offences is …
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A Vision for the Future of Private International Law in the States of the Gulf Cooperation Council (GCC): Why is it Necessary for the GCC to Move Towards Private International Law Harmonisation?
… of them were in the form of model non-binding laws and they were more focused on substantive law rather than private international law. Since the establishment of the GCC, in addition to several non-binding model laws that include some private international law provisions, only one private …
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Misplaced Methodologies: The Legal Hermeneutics of Muḥammad b. al Ḥasan al-Shaybānῑ (d.189/804)
As a student of Islamic law, one quickly comes to the realisation that much of the historiography of early Islamic law reads like a love letter to Muḥammad b. al-Idrῑs al-Shāfiʿῑ (d.204/820). Such renditions remain as an ode to the ‘master architect,’ the ‘deus ex machina’ who emerged victorious at …
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Arbitrations Involving States And Foreign Private Parties: A Study In Contemporary Legal Process
… to design or to choose a delocalised procedural law which need not hinder enforcement. The great difficulty with all forms of arbitration between states and private entities is the substantive law to be applied by such tribunals. Under the principle of the autonomy of the will, the parties are …
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Labour dispute resolution in southern Africa : a study of emerging trends and realities in Botswana, Lesotho and Swaziland
… study is about societies in conjunction with law. Inferentially, this means the impact of legal rules and agencies on society in the finding of solutions to societal problems. The study is not based on an assumed premise on the basis of which a credibility test may be made or comparisons …
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The winding up of companies by the court : an analysis of the relevant provisions of the Companies Act, 1995
… recently, the public's perception of insolvency law has been one which was regarded as a symptom of ghoulish morbidity. Even Parliamentary draftsmen showed a tendency to conceal the relevant law in the darker recesses of the early Companies Acts. Exhausted students of company law might encounter …
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On the Inquisitorial Spectrum : The Story of Comparative Criminal Procedure
… stands at the intersection of comparative law, legal history, and criminal procedure. It goes beyond merely comparing procedural similarities and differences between legal systems, by proceeding to identify those phenomena and examining them through the broader interdisciplinary lenses of …
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THE SCOPE OF THE LAW APPLICABLE TO COMPANIES IN THE EU.
… explicit, and comprehensive regime governing the law applicable to such entities. While recent legislative developments – most notably Directive (EU) 2019/2121 – have improved coordination among Member States’ legal systems, they fail to address, at least expressly and holistically, the problem of …
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The development, regulation and enforcement of water pollution law - a participatory role for individuals and environmental groups?
… groups in the present system of environmental law by focusing on water pollution law. The objectives are to ascertain whether the current law on water pollution as contained in the common law and statutory law adequately provides for public participation, whether the enforcement of water …
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Dissenting opinion hakim dalam perkara itsbat nikah no 0314/Pdt.G/2011/P.A.Lmj di Pengadilan Agama Lumajang
… In Act No. 50 of 2009 on the second amendment of Law No. 7 of 1989 on the absolute authority of the Religious Religious Court, among others, is to receive, examine, try and resolve the matter itsbat marriage for couples who do not have a marriage certificate. in the case of Marriage No. Itsbat …
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