This is an open access book. Praise and thanks giving we pray to God Almighty because for the blessings of His grace and guidance, we were able to complete the task of this paper. The purpose of writing this paper is to fulfill the requirement of INCOLS 4.0. We also hope that this article is able to describe these issues precisely and clearly. If there are mistakes and shortcomings, we are ready to receive any suggestions and constructive criticism from the readers. The author hoped the contents of this paper would be useful in enriching the repertoire of knowledge. Hopefully, God replies to you all, helps, and blesses you all.
Master in International Economics and European Studies ; Madeira, which is an Autonomous Region of Portugal and an Outermost Region of the EU, is currently facing problems regarding the sustainability of the Regional Government's finances. The Government of the Republic was asked to provide assistance in exchange for the implementation of an austerity plan. Madeira's International Business Center, encompassed by the International Business Center and the Industrial Free Trade Zone created in the 80s, is considered by the Regional Government as a powerful mechanism to increase economic growth, attract FDI and generate fiscal revenue in a period where the "contraction of the [Portuguese] economic activity is unprecedented". As the power of regional authorities are limited by para-constitutional law, full fiscal autonomy from the mainland is non-existent, therefore cannot be used as a jurisdictional tool to promote development. What is its impact on the RAM's budget, as the fiscal regime can be improved to decrease budget dependence from the Portuguese central government while maintaining the current supply of public goods and services by the Regional Government? Being an explanatory and argumentative thesis, it aims to come up with a policy proposal regarding what can be done to improve the archipelago's economy through the Center; methodologically consisting of literature review, economic data and reports produced by regional, national and European authorities along with interviews to those directly involved with the Center.
International law enjoys a considerable space in Malawi's domestic law as evidenced in several constitutional provisions that allow the application of international law in Malawi. While several constitutional provisions allow the application of international law in domestic law, the process of how international law forms part of the domestic law is provided under section 211 of the constitution of Malawi where it provides for instances of the direct and indirect application of treaties and CIL in Malawi's domestic law. This dissertation discusses the relationship between international law and domestic law in Malawi by analysing how the process of domesticating and applying international law in Malawi affects the development or growth of domestic law. Therefore, this dissertation answers the question of; to what extent is the process of domesticating and applying international law in Malawi affects the development of domestic law. To fully grasp the effects of domesticating and applying international law in Malawi, this dissertation will discuss the role and application of treaties and CIL in domestic law. It will be discussed that while some monist elements can be seen in the constitution, but the constitutional order and the courts agree that Malawi is predominantly a dualist state. The presence of the monist and dualist elements is an indication that changes in international law are likely to affect changes in domestic law through either the process of legislation by parliament interpretation of the law by courts. As a dualist state, the general position is that whenever a conflict arises between international law and domestic law, domestic law prevails. However, the courts as interpreters of the law in Malawi have taken a different approach of applying international law to the extent that they have consistently interpreted the law in a manner that avoids a conflict between international law and domestic law. It will be argued that the reason why the courts have developed a principle of avoiding a conflict between international law and domestic law is that the court as an arm of government is part of the government's efforts to fulfill its international obligations. Therefore, any attempt to invalidate such obligations in domestic law would be viewed that the government of Malawi is fighting itself. Therefore, whether the processes of transforming or incorporating international law into Malawi's domestic law is done through legislation or interpretation of the law by courts, it equally affects or influences changes or development of the domestic law in Malawi because whether it is legislation or courts decision, they are all binding law domestically.
From 1872 until 1913 legal education in Manitoba was dependent almost entirely on apprenticeship, supplemented by private study. In 1913 the Law Society of Manitoba organized an improved programme of lectures for intending members of the bar and in 1914 the society entered into an agreement with the University of Manitoba to create and operate jointly the Manitoba Law School. The school's expenses were to be shared equally by the two parent bodies and its operations were to be supervised by a board of trustees consisting of two appointees chosen by each body and a chairman elected by the appointees. The school was modelled on the Osgoode Hall Law School in Toronto and offered a three-year lecture course leading to both the LL.B. degree and admission to practice. As at Osgoode Hall, enrolment at the law school was not regarded as a substitute for service under articles. Classes were held in the morning and late afternoon and students were expected to carry out office duties during the remainder of the day.
In: Zeitschrift für ausländisches öffentliches Recht und Völkerrecht: ZaöRV = Heidelberg journal of international law : HJIL, Band 71, Heft 2, S. 291-330
In: 7 Erasmus Law Review 2 (Special issue on "The Great War and Law - The Lasting Effects of World War I on the Development of Law") (2014, Forthcoming)
The open access book examines the consequences of the Italian Constitutional Court's Judgment238/2014 which denied the German Republic's immunity from civil jurisdiction over claims to reparations for Nazi crimes committed during World War II. This landmark decision created a range of currently unresolved legal problems and controversies which continue to burden the political and diplomatic relationship between Germany and Italy. The judgment has wide repercussions for core concepts of international law and for the relationship between different legal orders. The book's three interlinked legal themes are state immunity, reparation for serious human rights violations and war crimes (including historical ones), and the interaction between international and domestic institutions, notably courts. Besides a meticulous legal analysis of these themes from the perspectives of international law, European law, and domestic law, the book contributes to the civic debate on the issue of war crimes and reparation for the victims of armed conflict. It proposes concrete legal and political solutions to the parties involved for overcoming the present paralysis with a view to a sustainable interstate conflict solution and helps judges directly involved in the pending post-Sentenza reparation cases. After an Introduction (Part I), Part II, Immunity, investigates core international law concepts such as those of pre/post-judgment immunity andinternational state responsibility. Part III, Remedies, examines the tension between state immunity and the right to remedy and suggests original schemes for solving the conundrum under international law. Part IV adds European Perspectives by showcasing relevant regional examples of legal cooperation and judicial dialogue. Part V, Courts, addresses questions on the role of judges in the areas of immunity and human rights at both the national and international level. Part VI, Negotiations, suggests concrete ways out of the impasse with a forward-looking aspiration. In Part VII, The Past and Future of Remedies, a sitting judge in the Court that decided Sentenza 238/2014 adds some critical reflections on the Judgment. Joseph H. H. Weiler's Dialogical Epilogue concludes the volume by placing the main findings of the book in a wider European and international law perspective.
In: Wagner Menezes (Org.), Direito Internacional em Expansão: Estado da Arte (International Law in Expansion: State of the Art), Volume XXII, pp. 156-173 (Arraes Editores, 2022) ISBN: 978-65-5929-194-6 (E-book)