2024-03-28T10:36:31Z
https://eprints.soas.ac.uk/cgi/oai2
oai:eprints.soas.ac.uk:5367
2018-06-22T15:56:06Z
oai:eprints.soas.ac.uk:10841
2024-02-09T14:16:19Z
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Sriram_10841.pdf
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The Perils of Power-Sharing: Africa and Beyond
The Perils of Power-Sharing: Africa and Beyond (Text)
The Perils of Power-Sharing: Africa and Beyond (Other)
The Perils of Power-Sharing: Africa and Beyond (Other)
The Perils of Power-Sharing: Africa and Beyond (Other)
The Perils of Power-Sharing: Africa and Beyond (Other)
The Perils of Power-Sharing: Africa and Beyond (Other)
3
44
2009
The Perils of Power-Sharing: Africa and Beyond
School of Law
School of Law Working Papers
Sage
Zahar
Marie-Joëlle
Marie-Joëlle Zahar
Sriram
Chandra
Chandra Sriram
00020397
Africa Spectrum
oai:eprints.soas.ac.uk:20693
2024-03-28T02:39:05Z
7374617475733D707562
7375626A656374733D53:38353030
7375626A656374733D58:46:34303030
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7375626A656374733D50:38303930
74797065733D61727469636C65
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Foster_23109.pdf
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Making People Behave Properly in Islamic Finance: Some General Thoughts
Making People Behave Properly in Islamic Finance: Some General Thoughts (Text)
Making People Behave Properly in Islamic Finance: Some General Thoughts (Other)
Making People Behave Properly in Islamic Finance: Some General Thoughts (Other)
Making People Behave Properly in Islamic Finance: Some General Thoughts (Other)
Making People Behave Properly in Islamic Finance: Some General Thoughts (Other)
Making People Behave Properly in Islamic Finance: Some General Thoughts (Other)
2
2013
Making People Behave Properly in Islamic Finance: Some General Thoughts
School of Law
Centre of Islamic and Middle Eastern Law
School of Law
School of Law Working Papers
SOAS Centre of Islamic and Middle Eastern Law
Foster
Nicholas HD
Nicholas HD Foster
SOAS Law of Islamic Finance Working Papers Series
oai:eprints.soas.ac.uk:20694
2024-02-09T14:42:17Z
7374617475733D707562
7375626A656374733D53:38353030
7375626A656374733D58:46:34303030
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7375626A656374733D50:38303930
74797065733D61727469636C65
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Foster_20694.pdf
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Some Thoughts From Legal Academia On “Reappraising The Islamic Financial Industry After The Downturn: Introspective Reflections”
Some Thoughts From Legal Academia On “Reappraising The Islamic Financial Industry After The Downturn: Introspective Reflections” (Text)
Some Thoughts From Legal Academia On “Reappraising The Islamic Financial Industry After The Downturn: Introspective Reflections” (Other)
Some Thoughts From Legal Academia On “Reappraising The Islamic Financial Industry After The Downturn: Introspective Reflections” (Other)
Some Thoughts From Legal Academia On “Reappraising The Islamic Financial Industry After The Downturn: Introspective Reflections” (Other)
Some Thoughts From Legal Academia On “Reappraising The Islamic Financial Industry After The Downturn: Introspective Reflections” (Other)
Some Thoughts From Legal Academia On “Reappraising The Islamic Financial Industry After The Downturn: Introspective Reflections” (Other)
3
2013
Some Thoughts From Legal Academia On “Reappraising The Islamic Financial Industry After The Downturn: Introspective Reflections”
School of Law
Centre of Islamic and Middle Eastern Law
School of Law
School of Law Working Papers
SOAS Centre of Islamic and Middle Eastern Law
Foster
Nicholas HD
Nicholas HD Foster
SOAS Law of Islamic Finance Working Papers Series
oai:eprints.soas.ac.uk:22037
2023-09-28T10:02:25Z
7374617475733D707562
7375626A656374733D58:46:34303030
7375626A656374733D776F726B696E675F706170657273:776F726B696E675F7061706572735F736C
74797065733D6D6F6E6F6772617068
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Anderson_22037.pdf
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Public Nuisance and Private Purpose: Policed Environments in British India, 1860-1947
Public Nuisance and Private Purpose: Policed Environments in British India, 1860-1947 (Text)
Public Nuisance and Private Purpose: Policed Environments in British India, 1860-1947 (Other)
Public Nuisance and Private Purpose: Policed Environments in British India, 1860-1947 (Other)
Public Nuisance and Private Purpose: Policed Environments in British India, 1860-1947 (Other)
Public Nuisance and Private Purpose: Policed Environments in British India, 1860-1947 (Other)
Public Nuisance and Private Purpose: Policed Environments in British India, 1860-1947 (Other)
In the 1980s, a number of Indian legal activists sought out legal provisions which might be deployed to redress environmental claims. In an early decision which helped to unleash the genie of public interest litigation, Justice Krishna Iyer seized upon the criminal law doctrine of public nuisance, and sought to imbue it with 'the new social justice orientation' imparted by the Constitution. Thereafter, a new enthusiasm for public nuisance was joined. Judges and academics championed public nuisance as a vehicle for redressing government inaction, and proclaimed a new judicial sympathy for populist environmental movements. It became commonplace in legal circles to note that criminal law held great potential for environmental protection, but that it had never been properly arrayed against the forces of pollution and resource degradation. The doctrine of nuisance, it seemed, was innocent of historical usage: a moribund tool of 'ancient vintage' that could be pressed into useful service with only a modicum of jurisprudential polish. While it is true that there has been very little reported case law in the field of public nuisance since 1940, a closer examination of the historical record reveals a story of frequent convictions under the authority of colonial magistrates. Indeed, convictions for public nuisance were generally more common than under any other criminal category after 1870, representing the most frequent and systematic application of police power under colonial rule. And yet, current historiography has been virtually blind to this large coercive project, opting instead to stress organic processes of the longue duree or isolated points of quasiorganisational rebellion. Meanwhile, it seems that nuisance played a key role in the control of the environment and the experience of colonial rule. In light of recent concerns, then, it seems worth enquiring into the character of public nuisance in the colonial period, with particular attention to the role of the state in social conflicts involving environmental resources.
Tracing the way in which public nuisance was applied – and resisted – it is possible to see how the physical environment became a terrain of social struggle with both material and ideational dimensions. The thesis here is that after 1860, and particularly in the period between 1870 and 1920, the colonial state used the twin devices of property law and criminal law to sustain a massive intervention in the social use of the physical environment. As land, waterways, and plants were appropriated for 'public' use, individuals and communities were dispossessed of their customary entitlements to common property resources. These exclusions were enforced with an intensive form of state policing which also helped to effect the transfer of resources into the hands of entrepreneurs and a middle class concerned to regulate public space. Far from being a legal epiphenomenon, the doctrine of public nuisance ushered in a transformation of the physical environment which entailed profound alterations in people's notions of themselves, their ideas of collective entitlements, and the conduct of everyday life. Public nuisance provided the conceptual architecture for a new ordering of public space – a space that was closely involved with the material and symbolic bases of a new middle class hegemony.
1992
Public Nuisance and Private Purpose: Policed Environments in British India, 1860-1947
School of Law
School of Law Working Papers
SOAS School of Law Research Paper No. 05/2011
Anderson
Michael R.
Michael R. Anderson
oai:eprints.soas.ac.uk:22038
2023-09-28T10:02:25Z
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Perry-Kessaris_22038.pdf
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Access to Environmental Justice in Bangalore: Legal Gateways in Context
Access to Environmental Justice in Bangalore: Legal Gateways in Context (Text)
Access to Environmental Justice in Bangalore: Legal Gateways in Context (Other)
Access to Environmental Justice in Bangalore: Legal Gateways in Context (Other)
Access to Environmental Justice in Bangalore: Legal Gateways in Context (Other)
Access to Environmental Justice in Bangalore: Legal Gateways in Context (Other)
Access to Environmental Justice in Bangalore: Legal Gateways in Context (Other)
This paper forms part of a larger comparative study on Access to Environmental Justice in Asia and Africa. The project involves a comparison of seven cities (Accra, Bangalore, Cape Town, Karachi, Kuala Lumpur, Tokyo, and Xiamen), with a focus upon the extent to which citizens are able to use law and legal institutions to shape the physical environment in which they live. In the research project generally, and in this paper in particular, there is no normative statement of what 'justice' should entail. Rather, our preferred approach is to identify what types of environmental claims are made by citizens, and evaluate the extent to which those claims may be pursued, and are pursued, in a legal context. Nor do we adopt a restrictive definition of 'environment'. Since we are concerned mainly with the perceptions of activists and citizens's groups, the applicable definition of environment must have a subjective element – the environment is what people say it is. For the purposes of comparison, there is a commitment to examine at least four areas of concern: 1) land use and functional or public space, 2) quantity and quality of the water supply, 3) the quality of air, and 4) waste and waste disposal. The purpose of this paper is to examine the context in which the citizens of Bangalore can, and do, seek to use legal gateways to get environmental justice, in order to provide a springboard for further research under the Access to Environmental Justice project. It also offers thoughts on possible avenues for further enhancing access to environmental remedies. This account is based upon relevant legislation, newspaper accounts, and a series of personal interviews conducted by Amanda Perry in April-June 1995 and Michael Anderson in March 1996. Finally, it should be added that this paper represents a snapshot of work in progress, and that a more detailed set of findings will be published at a later date.
1996
Access to Environmental Justice in Bangalore: Legal Gateways in Context
School of Law
School of Law Working Papers
SOAS School of Law Research Paper No. 04/2011
Anderson
Michael R.
Michael R. Anderson
Perry-Kessaris
Amanda
Amanda Perry-Kessaris
oai:eprints.soas.ac.uk:22042
2023-09-28T10:02:26Z
7374617475733D707562
7375626A656374733D58:46:34303030
7375626A656374733D776F726B696E675F706170657273:776F726B696E675F7061706572735F736C
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Muchlinski_22042.pdf
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The COMESA Common Investment Area: Substantive Standards and Procedural Problems in Dispute Settlement
The COMESA Common Investment Area: Substantive Standards and Procedural Problems in Dispute Settlement (Text)
The COMESA Common Investment Area: Substantive Standards and Procedural Problems in Dispute Settlement (Other)
The COMESA Common Investment Area: Substantive Standards and Procedural Problems in Dispute Settlement (Other)
The COMESA Common Investment Area: Substantive Standards and Procedural Problems in Dispute Settlement (Other)
The COMESA Common Investment Area: Substantive Standards and Procedural Problems in Dispute Settlement (Other)
The COMESA Common Investment Area: Substantive Standards and Procedural Problems in Dispute Settlement (Other)
The Common Market for Eastern and Southern Africa (COMESA) is an organisation of 20 African states established in 1994, replacing the previous Preferential Trade Area between the members. Since its inception COMESA has taken an active role in the economic integration of its members. In 2000 the COMESA Free Trade Area was established. On 22 and 23 of May 2007 the twelfth Summit of COMESA Authority of Heads of State and Government, held in Nairobi, Kenya, adopted the Investment Agreement for the COMESA Common Investment Area (CCIA Agreement). According to COMESA, “the CCIA Agreement is a precious investment tool whereby the COMESA Secretariat contemplates to create a stable region and good investment environment, promote cross border investments and protect investment, and thus enhance COMESAs attractiveness and competitiveness within COMESA Region, as a destination for Foreign Direct Investment (FDI), and in which domestic investments are encouraged.” Among the key pillars of the Agreement is the, “settlement of investment disputes through negotiations and arbitration mechanism.” It is the purpose of this paper to examine the new CCIA Agreement and the investor-state dispute settlement mechanism that this treaty has put in place. It will do so not only through an examination of procedural structures, but also by considering the interaction between these and the substantive claims that can be brought by an investor under the Agreement. The paper will do so in three stages. First, so as to set the scene, the wider contemporary debate on the problems of investor-state dispute settlement, and their proposed solutions, will be examined so as to explain the background against which the dispute settlement provisions of the CCIA Agreement were finalised. It is clear from the face of these provisions that they seek to offer a new approach to investor-state dispute settlement which takes into account the types of problems that will be outlined below. Indeed it is fair to say that the CCIA Agreement is a significant new model for these purposes, in that it proposes an approach that is sensitive to the realities of developing states and of the particular conditions that influence approaches to international commercial arbitration in Africa. Given that the majority of International Investment Agreements (IIAs) are based on developed country or developed regional models, this requires that serious attention is paid to the CCIA Agreement in the wider investment law community. It offers an alternative formulation and points to how future generations of IIAs might be drawn up so as to provide, in the words of the Agreement, “investors with certain rights in the conduct of their business within an overall balance of rights and obligations between investors and Member States.” The second part of the paper will offer a detailed analysis of the investor-state dispute settlement procedures in the CCIA Agreement. The third part will then consider the types of claims that an investor can make under the Agreement. There are numerous innovations in the substantive provisions of the Agreement that will have a significant effect on the subject matter of possible claims and thus on their admissibility before a tribunal whose jurisdiction is based on the Agreement.
2008
The COMESA Common Investment Area: Substantive Standards and Procedural Problems in Dispute Settlement
School of Law
School of Law Working Papers
SOAS School of Law Research Paper No. 11/2010
Muchlinski
Peter
Peter Muchlinski
oai:eprints.soas.ac.uk:22048
2023-09-28T10:02:27Z
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74797065733D6D6F6E6F6772617068
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Scobbie and Hibbin_22048pdf.pdf
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The Israel-Palestine Conflict in International Law: Territorial Issues
The Israel-Palestine Conflict in International Law: Territorial Issues (Text)
The Israel-Palestine Conflict in International Law: Territorial Issues (Other)
The Israel-Palestine Conflict in International Law: Territorial Issues (Other)
The Israel-Palestine Conflict in International Law: Territorial Issues (Other)
The Israel-Palestine Conflict in International Law: Territorial Issues (Other)
The Israel-Palestine Conflict in International Law: Territorial Issues (Other)
This paper addresses the question of what territory a future State of Palestine may lay claim to under contemporary international law. It also addresses the question of what is the legal basis for, and integrity of, Israel’s territorial claims. Further, should the Middle East Peace Process fail, the question arises whether Israel could lawfully retain the occupied territories under its control.
2008
The Israel-Palestine Conflict in International Law: Territorial Issues
School of Law
School of Law Working Papers
SOAS School of Law Research Paper No. 02-2010
Scobbie
Iain
Iain Scobbie
Hibbin
Sarah
Sarah Hibbin
oai:eprints.soas.ac.uk:22055
2023-09-28T10:02:27Z
7374617475733D707562
7375626A656374733D58:46:34303030
7375626A656374733D776F726B696E675F706170657273:776F726B696E675F7061706572735F736C
74797065733D6D6F6E6F6772617068
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Menski_22055.pdf
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Sanskrit Law: Excavating Vedic Legal Pluralism
Sanskrit Law: Excavating Vedic Legal Pluralism (Text)
Sanskrit Law: Excavating Vedic Legal Pluralism (Other)
Sanskrit Law: Excavating Vedic Legal Pluralism (Other)
Sanskrit Law: Excavating Vedic Legal Pluralism (Other)
Sanskrit Law: Excavating Vedic Legal Pluralism (Other)
Sanskrit Law: Excavating Vedic Legal Pluralism (Other)
In light of currently developing and purportedly postmodern global comparative legal analysis and recent theoretical writing about the ubiquitous phenomenon of law, this paper critically re-examines our somewhat self-congratulatory assumptions of the advances of postcolonial and postmodern legal scholarship and demonstrates that legal pluralism is actually nothing new at all. Ancient Sanskrit sources, which can be excavated because somewhat miraculously we still have some of the relevant texts with their many variant readings, indicate that legal pluralism has existed for thousands of years as a basic fact of human life. Thus legal pluralism is not appropriately seen and discussed today as a contested postmodern phenomenon. Rather it seems to be true, as Griffiths declared with some conviction, that legal pluralism is simply a fact. If this is correct, as seems confirmed even by ancient textual evidence, we have been ignoring this ancient truth at our peril and have simply been engaged in re-inventing wheels also in legal pluralism studies, an admittedly exciting but increasingly tired and overworked seam of academic knowledge about law.
I myself assumed uncritically for many years that ancient Sanskrit had no proper word for ‘law’, accepting others’ positivistic and orientalising assertions, without conducting research of my own. Once I began to research the grammar of Sanskrit law in the light of legal pluralism theory, however, it became rapidly apparent that early Sanskrit did in fact develop and begin to distinguish an increasingly large number of terms for ‘law’, though notably not for state law. The admittedly difficult language of early Sanskrit reflects a richly patterned and fluidly evolving understanding of legal pluralism within ancient Indic societies and cultures, showing that various interlinked legal phenomena existed and were thought about thousands of years before our time. Since the purported absence of a single key word for ‘law’ in Sanskrit has given rise to rather misguided assumptions among scholars of Indology as well as lawyers that ancient Indians were somehow deficient in legal theorising and/or lacked a clear conceptualisation of ‘law’, the entire field of knowledge now needs to be re-examined, with some urgency, to excavate the rich plurality of nuanced meanings of what in English we might label as various types and conceptualisations of ‘law’.
This article demonstrates that the various Sanskrit terms that were known and used match to a surprising extent the well-known major manifestations of law that have been globally discussed, namely different forms of natural law, socio-legal norms and state-made positivist laws, even globalisation in a macrocosmic sense. Establishing a rough taxonomy of these legal terminologies in Sanskrit, the paper examines in particular to what extent ancient Hindu law could be seen as a natural law system, focused on the key concepts of rita and satya. In addition, dharma, danda, vyavahāra, ācāra and its various forms and other terms relevant to a deeper understanding of the richness of ancient India’s conceptualisations of ‘law’ are briefly examined. The conclusion from this exercise has to be that ancient Indians were much more plurality-conscious and legally aware than we have imagined so far, while retaining the somewhat idealistic presumption that self-controlled ordering and informal settlement of any issues would be preferable to more highly formalised methods. In that respect, too, ancient South Asian cultures and normative systems seem to share much with other non-Western legal orders. The absence of state-centricity, in particular, remains deeply relevant for understanding the messy functioning of Indian laws today.
2010
Sanskrit Law: Excavating Vedic Legal Pluralism
School of Law
School of Law Working Papers
SOAS School of Law Research Paper No. 05-2010
Menski
Werner F
Werner F Menski
oai:eprints.soas.ac.uk:22056
2023-09-28T10:02:27Z
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74797065733D6D6F6E6F6772617068
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Sriram_22056.pdf
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Unfinished Business: Peacebuilding, Accountability, and Rule of Law in Lebanon
Unfinished Business: Peacebuilding, Accountability, and Rule of Law in Lebanon (Text)
Unfinished Business: Peacebuilding, Accountability, and Rule of Law in Lebanon (Other)
Unfinished Business: Peacebuilding, Accountability, and Rule of Law in Lebanon (Other)
Unfinished Business: Peacebuilding, Accountability, and Rule of Law in Lebanon (Other)
Unfinished Business: Peacebuilding, Accountability, and Rule of Law in Lebanon (Other)
Unfinished Business: Peacebuilding, Accountability, and Rule of Law in Lebanon (Other)
Much of the time, transitional justice measures are developed alongside the implementation of peace agreements and peacebuilding efforts, and are expected by their framers and advocates to contribute to peace. The claim is that accountability measures can help to deter future violence and prevent revenge attacks, demonstrate and help to reinstall the rule of law and democracy, and contribute in so doing to longer-term stability. And indeed, transitional justice measures are expected to work alongside specific measures of peacebuilding, such as rule of law promotion, security sector reform, and disarmament, demobilization, and reintegration of excombatants, and increasingly those developing such measures of peacebuilding are expected to take transitional justice measures into account. What happens, however, when a transitional justice measure is developed decades after the end of the conflict, where such standard measures of peacebuilding were not pursued, or are incomplete? Can a transitional justice mechanism have the desired effects? And what if that mechanism is not designed to address the wide range of past crimes, but a more recent subset?
This chapter considers the prospects for the Special Tribunal for Lebanon (STL) to have any serious impact on the country itself, against the backdrop of long-term, but unconsolidated, peacebuilding or reconstruction efforts. It argues that while Lebanon has undergone extensive reconstruction since the end of its brutal civil war, no serious peacebuilding efforts were undertaken, meaning that many of the changes a post-conflict society is expected to undergo, arising from demobilization of large numbers of fighters, reform of the justice and security sector, did not take place. In this context, accountability for the abuses of the war and in the 15 years after it in which the country was under Syrian occupation has yet to take place and seems unlikely. The STL is nonetheless often expected to operate as a mechanism analogous to ordinary transitional justice mechanisms, yet it does not have the remit to address the legacy of conflict and occupation, but rather only the assassination of former Prime Minister Rafik Hariri and related assassinations. It seems unlikely that it can have the effect expected of transitional justice mechanisms and ascribed by its advocates to it as well, of promoting human rights and accountability, and even peacebuilding, in the affected country. Rather, after two decades of reconstruction, the tribunal is unlikely to contribute to peace, and may run the risk of promoting conflict should it try defendants, whether in person or in absentia.
2010
Unfinished Business: Peacebuilding, Accountability, and Rule of Law in Lebanon
School of Law
School of Law Working Papers
SOAS School of Law Research Paper No. 16/2010
Sriram
Chandra
Chandra Sriram
oai:eprints.soas.ac.uk:22059
2018-06-22T16:11:32Z
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74797065733D6D6F6E6F6772617068
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Contesting Culture in the Rhetoric of Contemporary International Law
This paper was originally presented at Towards Radical Approaches to International Law Conference at the London School of Economics in 2011, and a revised version at the European Society of International Law’s 2012 International Legal Theory Working Group Panel in 2012. It is currently being revised for publication consideration in Fall 2013. The argument of the paper centers on the role that ‘culture’ plays as a heuristic devise and goal within the literature and practice of contemporary international law. My hypothesis is that while many of the methodological approaches and political commitments associated with ‘culture’ are important contributions to the discipline, its overall effect on the conceptual vocabulary and possibilities of law and politics are detrimental to either an accurate understanding of the structural dynamics or distributional stakes at play within contemporary global regulation. The paper maps out and critically evaluates the various themes commonly employed within international legal argument related to ‘culture’ in the hopes of tracing out some tentative methodological directions – what I will call ‘structural realism’ - towards a new framework of the legal subject.
2011
Contesting Culture in the Rhetoric of Contemporary International Law
School of Law
School of Law Working Papers
SOAS School of Law Research Paper No. 10/2011
Haskell
John
John Haskell
oai:eprints.soas.ac.uk:22060
2023-09-28T10:02:28Z
7374617475733D707562
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74797065733D6D6F6E6F6772617068
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Alfandari_etal_22060.pdf
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Defamation of Religions: International Developments and Challenges on the Ground
Defamation of Religions: International Developments and Challenges on the Ground (Text)
Defamation of Religions: International Developments and Challenges on the Ground (Other)
Defamation of Religions: International Developments and Challenges on the Ground (Other)
Defamation of Religions: International Developments and Challenges on the Ground (Other)
Defamation of Religions: International Developments and Challenges on the Ground (Other)
Defamation of Religions: International Developments and Challenges on the Ground (Other)
This paper aims to provide a general overview of the current debate on religious defamation laws internationally, and to research and analyze the use and impact of the ‘defamation of religion’ concept and blasphemy laws on freedom of expression in three OIC member states. Part I of the paper will explore the evolution of the concept within the UN in three sections: Section One looks at the positions held by the OIC since the introduction of the initial resolution on defamation of religion at the UN; Section Two explores the counter positions held by NGOs and states in disagreement; and Section Three examines the treatment of this concept in other UN reports, namely from its committees and independent experts, as a measure of the current international consensus. Part II of this project is a study of three selected OIC member states: Algeria, Syria and Pakistan. In this section we present the national laws on religious defamation and blasphemy in each country, including amendments and contemporary moves towards reform. We then follow with a series of recent cases that have employed these laws in each of the three countries, and analyse the use of each in relation to the impact it had on freedom of expression, and other rights and freedoms enshrined in human rights law. By doing so we aim to identify whether the de facto prohibition of defamation relating to religion falls within the spirit of, or conversely is repugnant to each state’s obligations under international human rights law.
2011
Defamation of Religions: International Developments and Challenges on the Ground
School of Law
School of Law Working Papers
SOAS School of Law Research Paper No. 09/2011
Atteya
Regula Amnah
Regula Amnah Atteya
Baker
Jo
Jo Baker
Alfandari
Julia Yael
Julia Yael Alfandari
oai:eprints.soas.ac.uk:22061
2024-02-09T14:46:45Z
7374617475733D707562
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7375626A656374733D53:38363630:38363830
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74797065733D6D6F6E6F6772617068
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Heathcote_22061.pdf
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Force, Feminism and the Security Council
Force, Feminism and the Security Council (Text)
Force, Feminism and the Security Council (Other)
Force, Feminism and the Security Council (Other)
Force, Feminism and the Security Council (Other)
Force, Feminism and the Security Council (Other)
Force, Feminism and the Security Council (Other)
This paper argues that the use of the Security Council to develop feminist and women’s activism on women, peace and security splits between resolutions (1325 and 1889) that seek to build women’s agency and resolutions (1820 and 1888) that focus on combating sexual violence against women in conflict and post-conflict environments. The consequence is a limiting of agency, for some women, to situations where women have been sexually violated. Furthermore, a split between first world feminist actors, who gain agency as gender experts, and third world women, who are present as harmed or requiring protection within the resolutions, reflects larger tensions in Western and global feminisms. The paper further argues that the use of military force to challenge widespread or systematic sexual violence requires feminist debate rather than unquestioned inclusion in Security Council resolutions on women, peace and security.
2010
Force, Feminism and the Security Council
School of Law
School of Law
Centre for Gender Studies
School of Law Working Papers
SOAS School of Law Research Paper No. 06 2010
Heathcote
Gina
Gina Heathcote
http://orcid.org/0000-0002-8922-2720
oai:eprints.soas.ac.uk:22062
2023-09-28T10:02:29Z
7374617475733D707562
7375626A656374733D58:46:34303030
7375626A656374733D776F726B696E675F706170657273:776F726B696E675F7061706572735F736C
74797065733D6D6F6E6F6772617068
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Chowdhury_22062.pdf
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The Human Right to Water and the Responsibilities of Businesses: An Analysis of Legal Issues
The Human Right to Water and the Responsibilities of Businesses: An Analysis of Legal Issues (Text)
The Human Right to Water and the Responsibilities of Businesses: An Analysis of Legal Issues (Other)
The Human Right to Water and the Responsibilities of Businesses: An Analysis of Legal Issues (Other)
The Human Right to Water and the Responsibilities of Businesses: An Analysis of Legal Issues (Other)
The Human Right to Water and the Responsibilities of Businesses: An Analysis of Legal Issues (Other)
The Human Right to Water and the Responsibilities of Businesses: An Analysis of Legal Issues (Other)
90% of the world’s fresh water resources are consumed within the industrial and agricultural sectors. Indicating water’s place at the top of the corporate agenda, a recent survey by the Carbon Disclosure Project (CDP) of more than 300 of the 500 largest companies in the world, found that 67% of respondents placed responsibility for water-related issues at the Board or Executive Committee level, 89% have developed specific water policies, and 60% have set water-related performance targets. Significantly, respondents across all sectors identified regulation as one of the key risks in corporate water practices. Part 1 of this paper provides an overview of the international recognition of the human right to water and its current legal scope – the legal framework guiding States’ obligations in fully realising the right to water for all, including State liability for businesses’ operations. Part 2 examines the mechanisms at both national and international level that are increasingly being used to hold water users and providers to account. Lastly, in Part 3, we attempt to answer why the human right to water is important to businesses by considering the implications of trends around the issue of business and human rights and how these trends can be used as an opportunity to operationalise the right to water within business practices.
2011
The Human Right to Water and the Responsibilities of Businesses: An Analysis of Legal Issues
School of Law
School of Law Working Papers
SOAS School of Law Research Paper No. 03/2011
Haley
St. Dennis
St. Dennis Haley
Melanie
Yap
Yap Melanie
Mustu
Basak
Basak Mustu
Chowdhury
Nobonita
Nobonita Chowdhury
oai:eprints.soas.ac.uk:23101
2023-09-28T10:06:13Z
7374617475733D756E707562
7375626A656374733D58:46:34303030
7375626A656374733D58:46:34303030:34353333
7375626A656374733D776F726B696E675F706170657273:776F726B696E675F7061706572735F736C
7375626A656374733D50:38313430
74797065733D6D6F6E6F6772617068
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10-1 Koonan-Farmer rights.pdf
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Farmers’ Rights in International Law: Multiple Regimes and Implications for Conceptualisation
Farmers’ Rights in International Law: Multiple Regimes and Implications for Conceptualisation (Text)
Farmers’ Rights in International Law: Multiple Regimes and Implications for Conceptualisation (Other)
Farmers’ Rights in International Law: Multiple Regimes and Implications for Conceptualisation (Other)
Farmers’ Rights in International Law: Multiple Regimes and Implications for Conceptualisation (Other)
Farmers’ Rights in International Law: Multiple Regimes and Implications for Conceptualisation (Other)
Farmers’ Rights in International Law: Multiple Regimes and Implications for Conceptualisation (Other)
There are, at least, three different but complementary international legal regimes that deal directly or indirectly with farmers’ rights. Among these multilateral treaties, FAO Treaty expressly addresses farmers’ rights. At the same time, multilateral treaties such as the Convention on Biological Diversity and the UPOV Convention refer to farmers’ rights indirectly. In this background, this paper examines these legal regimes that deal with farmers’ rights.
2010-01-01
Farmers’ Rights in International Law: Multiple Regimes and Implications for Conceptualisation
School of Law
Law, Environment and Development Centre (LEDC)
Law, Environment and Development Centre
School of Law Working Papers
SOAS
Koonan
Sujith
Sujith Koonan
oai:eprints.soas.ac.uk:23103
2023-09-28T10:06:14Z
7374617475733D756E707562
7375626A656374733D58:46:34303030
7375626A656374733D58:46:34303030:34353333
7375626A656374733D776F726B696E675F706170657273:776F726B696E675F7061706572735F736C
7375626A656374733D50:38313430
74797065733D6D6F6E6F6772617068
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13-1 Koonan-Ground water legal regime in India.pdf
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Groundwater Legal Regime in India: Towards Ensuring Equity and Human Rights
Groundwater Legal Regime in India: Towards Ensuring Equity and Human Rights (Text)
Groundwater Legal Regime in India: Towards Ensuring Equity and Human Rights (Other)
Groundwater Legal Regime in India: Towards Ensuring Equity and Human Rights (Other)
Groundwater Legal Regime in India: Towards Ensuring Equity and Human Rights (Other)
Groundwater Legal Regime in India: Towards Ensuring Equity and Human Rights (Other)
Groundwater Legal Regime in India: Towards Ensuring Equity and Human Rights (Other)
This paper examines the existing and evolving groundwater law in India in the context of its capacity to ensure equity, sustainability and realisation of human rights. The critical evaluation of the existing legal framework is followed by an analysis of key gaps in the existing legal framework. This paper also aims to suggest basic principles, norms and approaches that should form as underlying elements of a comprehensive groundwater law capable of ensuring sustainability, equity and human rights.
2013-01-01
Groundwater Legal Regime in India: Towards Ensuring Equity and Human Rights
School of Law
Law, Environment and Development Centre (LEDC)
Law, Environment and Development Centre
School of Law Working Papers
SOAS
Koonan
Sujith
Sujith Koonan
oai:eprints.soas.ac.uk:23104
2018-06-22T16:12:54Z
oai:eprints.soas.ac.uk:23111
2024-02-09T14:50:22Z
7374617475733D756E707562
7375626A656374733D58:46:34303030
7375626A656374733D776F726B696E675F706170657273:776F726B696E675F7061706572735F736C
74797065733D6D6F6E6F6772617068
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Foster_23111.pdf
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Dispute Resolution and Insolvency in Islamic Finance: Problems and Solutions -Workshop 19 September 2013: Report of Proceedings
Dispute Resolution and Insolvency in Islamic Finance: Problems and Solutions -Workshop 19 September 2013: Report of Proceedings (Text)
Dispute Resolution and Insolvency in Islamic Finance: Problems and Solutions -Workshop 19 September 2013: Report of Proceedings (Other)
Dispute Resolution and Insolvency in Islamic Finance: Problems and Solutions -Workshop 19 September 2013: Report of Proceedings (Other)
Dispute Resolution and Insolvency in Islamic Finance: Problems and Solutions -Workshop 19 September 2013: Report of Proceedings (Other)
Dispute Resolution and Insolvency in Islamic Finance: Problems and Solutions -Workshop 19 September 2013: Report of Proceedings (Other)
Dispute Resolution and Insolvency in Islamic Finance: Problems and Solutions -Workshop 19 September 2013: Report of Proceedings (Other)
It is a truism that Islamic finance is based on the Sharia. However, neither the Sharia nor Islamic finance has its own legal system, so the application and enforcement of Islamic finance depends on the secular law of nation states. A particularly important aspect of this situation is that disputes have to be adjudicated through a national system, which usually means the secular courts. The results of some recent cases resolved in this way have led to a considerable degree of controversy. For example, some commentators have criticised the English courts for refusing to adjudicate Sharia issues, while others have criticised the Malaysian courts for doing just that. Other solutions have been proposed, such as arbitration and alternative dispute resolution, in order to sidestep the problems associated with courtbased methods. In like manner, Islamic finance transactions may also have to exist and operate within the context of conventional insolvency laws, which were not designed for Islamic finance and had not been developed with Islamic finance in mind. In this workshop we considered the dispute resolution issue by looking at the general background to the problem, the situation in England, Malaysia and arbitration/ADR. On the question of the impact and relevance of the insolvency regime in relation to Islamic finance, the Singaporean insolvency regime was examined. Some potential solutions were also explored and examined.
2014-01-01
Dispute Resolution and Insolvency in Islamic Finance: Problems and Solutions -Workshop 19 September 2013: Report of Proceedings
School of Law
School of Law Working Papers
SOAS School of Law Research Paper No. 02/2014
Foster
Nicholas HD
Nicholas HD Foster
oai:eprints.soas.ac.uk:23112
2024-03-28T02:39:39Z
7374617475733D756E707562
7375626A656374733D53:38353030
7375626A656374733D58:46:34303030
7375626A656374733D776F726B696E675F706170657273:776F726B696E675F7061706572735F736C
74797065733D6D6F6E6F6772617068
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Foster_23122.pdf
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Limited Liability and Islamic Law
Limited Liability and Islamic Law (Text)
Limited Liability and Islamic Law (Other)
Limited Liability and Islamic Law (Other)
Limited Liability and Islamic Law (Other)
Limited Liability and Islamic Law (Other)
Limited Liability and Islamic Law (Other)
This paper is concerned with some legal issues underlying limited liability and Islamic law, together with some thoughts concerning possible lessons to be learned from the development of limited liability in the United Kingdom and France.
2014-03-01
Limited Liability and Islamic Law
School of Law
School of Law
School of Law Working Papers
SOAS School of Law Research Paper No. 3/2014.
Foster
Nicholas HD
Nicholas HD Foster
oai:eprints.soas.ac.uk:23113
2024-02-09T14:50:23Z
7374617475733D707562
7375626A656374733D58:46:34303030
7375626A656374733D776F726B696E675F706170657273:776F726B696E675F7061706572735F736C
74797065733D6D6F6E6F6772617068
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15-1 Foster-Moving forward in the study and practice of Islamic finance.pdf
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Moving Forward in the Study and Practice of Islamic Finance: Makhlouf’s L’émergence d’un droit international de la finance islamique : Origines, formation et integration en droit français
Moving Forward in the Study and Practice of Islamic Finance: Makhlouf’s L’émergence d’un droit international de la finance islamique : Origines, formation et integration en droit français (Text)
Moving Forward in the Study and Practice of Islamic Finance: Makhlouf’s L’émergence d’un droit international de la finance islamique : Origines, formation et integration en droit français (Other)
Moving Forward in the Study and Practice of Islamic Finance: Makhlouf’s L’émergence d’un droit international de la finance islamique : Origines, formation et integration en droit français (Other)
Moving Forward in the Study and Practice of Islamic Finance: Makhlouf’s L’émergence d’un droit international de la finance islamique : Origines, formation et integration en droit français (Other)
Moving Forward in the Study and Practice of Islamic Finance: Makhlouf’s L’émergence d’un droit international de la finance islamique : Origines, formation et integration en droit français (Other)
Moving Forward in the Study and Practice of Islamic Finance: Makhlouf’s L’émergence d’un droit international de la finance islamique : Origines, formation et integration en droit français (Other)
In this lecture, delivered at the celebration of the publication of Dr Makhlouf’s book, I claim that it makes a significant contribution towards establishing the foundations of the Law of Islamic Finance as a specialist sub-field of Islamic finance, and that it therefore makes a significant contribution towards the making of further progress in the study and practice of Islamic finance generally. It does this mainly by filling significant gaps in a largely unsatisfactory body of literature on the Law of Islamic Finance. It also makes all the benefits of the book available to the francophone world, provides access for that world to an entire body of anglophone scholarship, and lays the foundations for a ‘doctrinal substrate’ of the Law of Islamic Finance in France.
2015-01-02
Moving Forward in the Study and Practice of Islamic Finance: Makhlouf’s L’émergence d’un droit international de la finance islamique : Origines, formation et integration en droit français
School of Law
School of Law Working Papers
SOAS
Foster
Nicholas HD
Nicholas HD Foster
oai:eprints.soas.ac.uk:23114
2024-02-09T14:50:23Z
7374617475733D756E707562
7375626A656374733D58:46:34303030
7375626A656374733D776F726B696E675F706170657273:776F726B696E675F7061706572735F736C
74797065733D6D6F6E6F6772617068
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15-2 Foster-Some concepts and related terms for the analysis of Islamic finance.pdf
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Some Concepts and Related Terms for the Analysis of the Law of Islamic Finance
Some Concepts and Related Terms for the Analysis of the Law of Islamic Finance (Text)
Some Concepts and Related Terms for the Analysis of the Law of Islamic Finance (Other)
Some Concepts and Related Terms for the Analysis of the Law of Islamic Finance (Other)
Some Concepts and Related Terms for the Analysis of the Law of Islamic Finance (Other)
Some Concepts and Related Terms for the Analysis of the Law of Islamic Finance (Other)
Some Concepts and Related Terms for the Analysis of the Law of Islamic Finance (Other)
As Islamic Finance matures, it needs more specialisation. The study of its legal aspects is one facet of this specialisation. In order to move forward, we need a set of concepts and related terms in order to facilitate clear analysis. This short note contains some suggestions in this regard.
2015-02-02
Some Concepts and Related Terms for the Analysis of the Law of Islamic Finance
School of Law
School of Law Working Papers
SOAS
Foster
Nicholas HD
Nicholas HD Foster
oai:eprints.soas.ac.uk:23115
2018-06-22T16:12:55Z
oai:eprints.soas.ac.uk:23116
2018-06-22T16:12:55Z
oai:eprints.soas.ac.uk:23118
2024-02-09T14:50:23Z
7374617475733D756E707562
7375626A656374733D58:46:34303030
7375626A656374733D58:46:34303030:34353333
7375626A656374733D776F726B696E675F706170657273:776F726B696E675F7061706572735F736C
74797065733D636F6E666572656E63655F6974656D
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Hu_23188.pdf
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Resistance and Consistent: Access to Medicines and Patent Law Reforms in India and China
Resistance and Consistent: Access to Medicines and Patent Law Reforms in India and China (Text)
Resistance and Consistent: Access to Medicines and Patent Law Reforms in India and China (Other)
Resistance and Consistent: Access to Medicines and Patent Law Reforms in India and China (Other)
Resistance and Consistent: Access to Medicines and Patent Law Reforms in India and China (Other)
Resistance and Consistent: Access to Medicines and Patent Law Reforms in India and China (Other)
Resistance and Consistent: Access to Medicines and Patent Law Reforms in India and China (Other)
The paper starts with reviewing the debates on patent in access to medicines in the context of globalization of TRIPS regime. It then looks at the issue of resistance related to patent theories, mechanism and the linkage with social movement during law reform processes. Accordingly, the 2005 revision of Patent Act in India and the 2008 revision of Patent Law in China are chosen as the backdrops for comparison. The choice of patentability doctrine and the exceptional clauses to promote research use would be the major aspects of comparison, both having been influenced by civil society actions at different degrees in both countries. The paper intends to draw the conclusions that while strong technocratic influences remain, both countries’ law makers have started walking out of the closed discourse of patent law reform via interacting with societal concerns in the context of improving access to medicines.
2013-12-02
Resistance and Consistent: Access to Medicines and Patent Law Reforms in India and China
School of Law
Law, Environment and Development Centre (LEDC)
School of Law Working Papers
Edinburgh Postgraduate Law Conference 2013 ‘Law, Individual, Community’
University of Edinburgh
Hu
Yuan Qiong
Yuan Qiong Hu
oai:eprints.soas.ac.uk:23119
2018-06-22T16:12:55Z
oai:eprints.soas.ac.uk:23120
2024-02-09T14:50:24Z
7374617475733D707562
7375626A656374733D58:46:34303030
7375626A656374733D776F726B696E675F706170657273:776F726B696E675F7061706572735F736C
74797065733D6D6F6E6F6772617068
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Foster_23120.pdf
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The Financial Sharia as Law and as Ethics: A Suggestion
The Financial Sharia as Law and as Ethics: A Suggestion (Text)
The Financial Sharia as Law and as Ethics: A Suggestion (Other)
The Financial Sharia as Law and as Ethics: A Suggestion (Other)
The Financial Sharia as Law and as Ethics: A Suggestion (Other)
The Financial Sharia as Law and as Ethics: A Suggestion (Other)
The Financial Sharia as Law and as Ethics: A Suggestion (Other)
In this paper I suggest that it is worth considering an approach based on separating the legal aspects of the Financial Sharia from its ethics, or at least using those aspects in a more flexible way.
2016-06-01
The Financial Sharia as Law and as Ethics: A Suggestion
School of Law
School of Law Working Papers
SOAS School of Law Research Paper No. 06/2016
Foster
Nicholas HD
Nicholas HD Foster
oai:eprints.soas.ac.uk:23122
2023-09-28T10:06:17Z
7374617475733D756E707562
7375626A656374733D58:46:34303030
7375626A656374733D776F726B696E675F706170657273:776F726B696E675F7061706572735F736C
74797065733D636F6E666572656E63655F6974656D
The repository administrator has not yet configured an RDF license.
Bardutzky-Constitutional transofrmation at the edge of a bail-out-Slovenia.pdf
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Constitutional Transformations at the Edge of a Bail-Out: The Impact of the Economic Crisis on the Legal and Institutional Structures in Slovenia
Constitutional Transformations at the Edge of a Bail-Out: The Impact of the Economic Crisis on the Legal and Institutional Structures in Slovenia (Text)
Constitutional Transformations at the Edge of a Bail-Out: The Impact of the Economic Crisis on the Legal and Institutional Structures in Slovenia (Other)
Constitutional Transformations at the Edge of a Bail-Out: The Impact of the Economic Crisis on the Legal and Institutional Structures in Slovenia (Other)
Constitutional Transformations at the Edge of a Bail-Out: The Impact of the Economic Crisis on the Legal and Institutional Structures in Slovenia (Other)
Constitutional Transformations at the Edge of a Bail-Out: The Impact of the Economic Crisis on the Legal and Institutional Structures in Slovenia (Other)
Constitutional Transformations at the Edge of a Bail-Out: The Impact of the Economic Crisis on the Legal and Institutional Structures in Slovenia (Other)
The aim of this contribution is to discuss and represent some of the developments in Slovenian law, first and foremost constitutional law, that ensued as a consequence of the economic crisis in Europe and the attempts to tackle it on the European and national level. The introductory section of the text provides a summary of the economic and political context and further illustrates two features of the Slovenian constitutional system and the system of sources of law that are deemed relevant for the subsequent discussion of the transformations connected to the crisis. These features are, first, the central role of the statute (zakon) in the Slovenian system, and second, the prominence of indirect democracy in the Slovenian system of government. The paper continues by discussing four phenomena (case studies) that have been selected as visible examples of how the responses to the economic crisis have led to changes in the Slovenian legal and constitutional system. First, the paper discusses the EFSF (European Financial Stability Facility) case before the Slovenian Constitutional Court and what can be understood as weakening of the zakon in the Slovenian system. Second, the paper discusses the legislative referendum as the central feature of the Slovenian system of indirect democratic decision-making and also a constitutional issue par excellence. It contrasts two decisions of the Constitutional Court, discussing them as examples of day-to-day and crisis constitutionalism. Third, the paper describes the introduction of the fiscal rule into the Slovenian constitutional system. In the final section of the chapter, an attempt is made to discuss the (new) role of soft law, stemming from the EU, in the Slovenian legal system during the crisis.
2015-12-03
Constitutional Transformations at the Edge of a Bail-Out: The Impact of the Economic Crisis on the Legal and Institutional Structures in Slovenia
School of Law
School of Law Working Papers
Istituzioni democratiche, crisi economica e decisioni di bilancio conference
University of Pisa
Bardutzky
Samo
Samo Bardutzky
oai:eprints.soas.ac.uk:38380
2024-02-09T15:31:51Z
7374617475733D707562
7375626A656374733D53:38353030
7375626A656374733D776F726B696E675F706170657273
7375626A656374733D776F726B696E675F706170657273:776F726B696E675F7061706572735F736C
74797065733D6D6F6E6F6772617068
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SOAS-ICOP-Briefing-National Security Bill.pdf
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The Threat to Public Interest Disclosure from the National Security Bill
The Threat to Public Interest Disclosure from the National Security Bill (Text)
The Threat to Public Interest Disclosure from the National Security Bill (UNSPECIFIED)
The Threat to Public Interest Disclosure from the National Security Bill (UNSPECIFIED)
The Threat to Public Interest Disclosure from the National Security Bill (UNSPECIFIED)
The Threat to Public Interest Disclosure from the National Security Bill (UNSPECIFIED)
The Threat to Public Interest Disclosure from the National Security Bill (UNSPECIFIED)
2022-12-06
The Threat to Public Interest Disclosure from the National Security Bill
School of Law
SOAS Working Papers
School of Law Working Papers
SOAS Influencing the Corridors of Power project (ICOP)
Mylvaganam
Paul
Paul Mylvaganam
oai:eprints.soas.ac.uk:38381
2024-02-09T15:31:52Z
7374617475733D707562
7375626A656374733D776F726B696E675F706170657273:776F726B696E675F7061706572735F736C
74797065733D6D6F6E6F6772617068
The repository administrator has not yet configured an RDF license.
SOAS-ICOP-Briefing-Online Safety Bill.pdf
indexcodes.txt
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Online Safety Bill "spy clause" requires Chat Platforms to Scan Private Messages
Online Safety Bill "spy clause" requires Chat Platforms to Scan Private Messages (Text)
Online Safety Bill "spy clause" requires Chat Platforms to Scan Private Messages (UNSPECIFIED)
Online Safety Bill "spy clause" requires Chat Platforms to Scan Private Messages (UNSPECIFIED)
Online Safety Bill "spy clause" requires Chat Platforms to Scan Private Messages (UNSPECIFIED)
Online Safety Bill "spy clause" requires Chat Platforms to Scan Private Messages (UNSPECIFIED)
Online Safety Bill "spy clause" requires Chat Platforms to Scan Private Messages (UNSPECIFIED)
2022-12-02
Online Safety Bill "spy clause" requires Chat Platforms to Scan Private Messages
School of Law Working Papers
Influencing the Corridors of Power Project (ICOP)
Horten
Monica
Monica Horten