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The law of freedom

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  • The UNCLOS replaces the older and weaker 'freedom of the seas' concept, dating from the 17th century: national rights were limited to a specified belt of water extending from a nation's coastlines, usually three nautical miles, according to the 'cannon shot' rule. This topic provides knowledge of united nations convention on the law of the sea (UNCLOS).

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  • "Whatever the prejudices of some may suggest, it will be admitted by all unbiassed judges, that the Protestant Reformation was neither more nor less than an open rebellion. Indeed, the mere mention of private judgment, on which it was avowedly based, is enough to substantiate this fact.

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  • This book was written as a thesis for the Doctorate of Laws, Leiden University. I am most grateful, first of all, to my supervisor, Professor Peter Kooijmans. Throughout my working at this study he allowed me to make use of his wisdom while at the same time affording inspiration and freedom. He never permitted his demanding task as a Judge at the International Court of Justice to stand in the way of discussing my thesis with me for many hours. I also wish to express my profound gratitude to Professor John Dugard, who acted as referent.

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  • States are increasingly challenging the logic of simply assimilating refugees to their own citizens. Questions are now raised about whether refugees should be allowed to enjoy freedom of movement, to work, to access public welfare programs, or to be reunited with family members. Doubts have been expressed about the propriety of exempting refugees from visa and other immigration rules, and even about whether there is really a duty to admit refugees at all.

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  • The Art of Public Speaking surrendering itself to the generation that follows. This is the law of our lives. Nor is this confined to the family. Every step in civilization has been made possible by those who have been willing to sacrifice for posterity. Freedom of speech, freedom of the press, freedom of conscience and free government have all been won for the world by those who were willing to labor unselfishly for their fellows. So well established is this doctrine that we do not regard anyone as great unless he recognizes how unimportant his life is in comparison with...

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  • The Universal Declaration of Human Rights and the European Convention on Human Rights proclaim that everyone has the right to freedom of thought, conscience and religion, including freedom to manifest their religion or belief in worship, teaching, practice and observance. Even today, in our democratic societies too, this fundamental right is still sometimes restricted and meets with hostility and intolerance.

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  • Ronald Dworkin argues that Americans have been systematically misled about what their Constitution is, and how judges decide what it means. The Constitution, he observes, grants individual rights in extremely abstract terms. The First Amendment prohibits the passing of laws that “abridge the freedom of speech”; the Fifth Amendment insists on “due process of law”; and the Fourteenth Amendment demands “equal protection of the laws” for all persons.

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  • The puzzling thing about most Americans is that they take the law so seriously. I don’t mean they obey the law, nor do I mean that they shouldn’t obey the law. I mean instead that they approach the law with unquestioned reverence. They treat its commands as truths. They register disagreement as problems in themselves, rather than as something the law has missed. Not everyone, of course. But normal sorts are like this. We feel as much entitlement to question the law as we do to question our doctor’s diagnosis of strep throat in our child. ...

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  • What is the connection between social justice and criminal justice? The terms "social justice" and "criminal justice" are themselves so contested that one must pause, before considering the relationship between them, to think carefully about what they mean. Each term can be said to pose a question. In speaking of social justice, one asks about the requisites of a justly constituted society; in speaking of criminal justice, one asks about the basis of just punishment. Given everyday usage, though, each term can also be said to provide an answer to the question it poses...

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  • This study investigates the Vietnam government and Hanoi local governing body’s efforts to improve lower secondary education after the law on Residence in 2006. The law on Residence adopted by the National Assembly of Vietnam in 2006 ensures the freedom of temporary residence and relaxes the rule for shifting to permanent registration. The enforcement of the law in 2007 made Hanoi population increase from 3,751,000 (2000) to 5,276,000 (2015) and caused a bloated lower secondary education.

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  • American constitutional law, to paraphrase Charles Evans Hughes, is what the Supreme Court says it is. But of course it is much more than that. Constitutional law is constantly informed by numerous actors’ understandings of the meaning of the United States Constitution. Lawyers, judges, politicians, academicians, and, of course, citizens all contribute to the dialogue that produces constitutional law. Consequently, the Constitution remains a vital part of American public life, continuously woven into the fabric of our history, politics, and culture.

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  • Freedom Bound is about the origins of modern America – a history of colon- izing, work, and civic identity from the beginnings of English presence on the mainland until the Civil War. It is a history of migrants and migrations, of colonizers and colonized, of households and servitude and slavery, and of the freedom all craved and some found. Above all, it is a history of the law that framed the entire process. Freedom Bound tells how colonies were planted in occupied territories, how they were populated with migrants – free and unfree...

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  • This book is intended to be of help to students studying constitutional and administrative law who feel that they have acquired a body of knowledge, but do not feel confident about using it effectively in exams. This book sets out to demonstrate how to apply the knowledge to the question and how to structure the answer. Students, especially first-year students, often find the technique of answering problem questions particularly hard to grasp, so this book contains a large number of answers to such questions....

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  • The dramatic expansion of intellectual property rights represents a new stage in commodification that threatens to make virtually everything bad about capitalism even worse. Stronger intellectual property rights will reinforce class differences, undermine science and technology, speed up the corporatization of the university, inundate society in legal disputes, and reduce personal freedoms. We have no precise measure of the extent of intellectual property, but a rough calculation by Marjorie Kelly suggests the magnitude of intellectual property rights.

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  • As the international community moves toward a more robust recognition of both the human rights of disabled persons and the reproductive rights of women, the intersection comprising the right of disabled women to reproductive freedom must be given full atten- tion. This briefing paper proposes a human rights framework for considering the repro- ductive rights of women with disabilities, taking into consideration international human rights laws and instruments and global consensus documents.

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  • Over the last 30–40 years, the former territories of the British Caribbean have been a laboratory in which the generally accepted ‘Westminster System’ is being adapted to suit the patterns of behaviour of the people of the area. Sir Fred Phillips has played an active part in some of these processes of adaptation and in other cases he has been an informed observer whose advice has been sought by the participants themselves.

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  • The protection of privacy and personality is one of the most fascinating issues confronting any legal system. This book provides a detailed comparative analysis of the laws relating to commercial exploitation of personality in France, Germany, the United Kingdom and the United States. It examines the difficulties in reconciling privacy and personality with intellectual property rights in an individual’s identity and in balan- cing such rights with the competing interests of freedom of expression and freedom of competition.

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  • cores of constitutions drawn up since the end of World War II have proclaimed religious freedom as one of the most fundamental rights known to humanity. Simi- larly, international covenants of human rights have exalted the right to religious liberty as a privilege that is so foundational and precious that it should be guaranteed by in- ternational law.

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  • Early in 1765 John Adams began writing an essay on the history of ecclesiastical and civil despotism for the Sodality, a private club of Boston lawyers. His purpose was to contrast the tyranny of the canon and feudal law against New England’s heroic struggle for freedom. He soon decided to expand and publish his “Dissertation on the Canon and Feudal Law” when he learned of Parliament’s approval of the Stamp Act in March 1765. In his diary, Adams described the Stamp Act as an “enormous Engine, fabricated by the british Parliament, for battering down all the Rights and Liberties...

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  • The development of administrative law is a prominent feature of the Australian legal landscape. The importance of this subject is highlighted by the fact that it is stipulated as a ‘core’ subject in the syllabi of many, if not most, law schools. One needs only to peruse the cases reported in the main law reports to appreciate its significance as a large area of legal practice. In this volume of essays, the contributors examine a number of fundamental topics of practical and doctrinal importance.

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