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Borrowing Justification for Proportionality
The proportionality test, as proposed in Robert Alexy’s principles theory, is becoming commonplace in comparative constitutional studies. And yet, the question “are courts justified in borrowing proportionality?” has not been expressly put in many countries where judicial borrowings are a reality. This book sheds light on this question and examines the circumstances under which courts are authorized to borrow from alien legal sources to rule on constitutional cases. Taking the Supreme Federal Court of Brazil – and its enthusiastic recourse to proportionality when interpreting the Federal Constitution – as a case study, the book investigates the normative reasons that could justify ...
Interactions Between EU Law and International Law
Juxtaposing perspectives, this insightful book brings together the various dimensions of the relationship between EU law and international law. As the multifaceted interplay between these two legal orders has become increasingly complex with expanding EU policy areas and the development of the EU as a global (normative) actor, this book offers a timely contribution to this important field of study.
Stabilization Clauses in International Investment Law
This book analyzes the tension between the host state’s commitment to provide regulatory stability for foreign investors – which is a tool for attracting FDI and generating economic growth – and its evolving non-economic commitments towards its citizens with regard to environmental protection and social welfare. The main thesis is that the ‘stabilization clause/regulatory power antinomy,’ as it appears in many cases, contradicts the content and rationale of sustainable development, a concept that is increasingly prevalent in national and international law and which aims at the integration and balancing of economic, environmental, and social development. To reconcile this antinomy a...
The EU and its Member States’ Joint Participation in International Agreements
EU law has developed a unique and complex system under which the Union and its Member States can both act under international law, separately, jointly or in parallel. International law was not set up to deal with such complex and hybrid arrangements, which raise questions under both international and EU law. This book assesses how EU law has been adapted to cope with the constraints of international law in situations in which the EU and its Member States act jointly in relations with other States and international organisations. In an innovative scholarly approach, reflecting this duality, each chapter is jointly written by a team of two authors. The various contributions offer new insights into the tension that continues to exist between EU and international law obligations in relation to the (joint) participation of the EU and its Member States in international agreements.
Maori Times, Maori Places
Today, the Maori must live in a world that is dominated by European institutions. The ability to do this successfully depends on their constant vigilance in sustaining their beliefs, their views of themselves, and their notions of how the world works. Their membership in Maramatanga permits them to feel selected while they cautiously traverse a landscape which has lost its familiar outlines. This book is a compilation of twenty-five years of fieldwork with a group of Maori. It is an examination of oral histories, notebooks of songs, diaries, accounts of pilgrimages, and life histories. Critical issues are addressed including, written and unwritten histories, colonialism, gender, and membership in Maramatanga. This book examines in great detail what scholars of New Zealand have grown to understand, there is no monolithic Maori voice.
Prophetic Histories
Maori prophetic movements from the late 19th century are widely known. Men such as Te Whiti, Te Kooti and Rua Kenana led their people through periods of despair and challenge.
Araucanian Child Life and Its Cultural Background
This study records the ethnography of the Araucanians of Chile and Argentina, particularly their customs, beliefs, and traditions in relation to the development and training of the child. --Preface.
