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Eric Tjong Tjin Tai

with official authority serves the purpose of providing a clear methodology , in which statute stands above case law, after which doctrine and other sources may play their role. Without a core of more or less binding authority, law would lose its basis. Furthermore, this methodology provides

Rosalie Jukier

1. Introduction The topic of judicial methodology has long fascinated legal philosophers, 1 jurists 2 and even judges themselves. 3 Whether inductive or deductive methods are employed to arrive at judicial decisions, the extent to which doctrinal and other academic writings are used by judges to

Gerrit Pienaar

concentrate on the methodology used to interpret these rights. As the extent and application of these rights are not based on codified or statutory sources 11 but stem from customary traditions and norms, the normal rules of legal interpretation cannot be followed. This paper compares the way in which

Michael Karayanni

The book’s compelling thesis is that the role of the forum non conveniens should be strengthened and even enhanced, particularly in light of modern advancements such as Internet transactions, efficient jet travel and telecommunications facilitating transfer of documents and testimony.



Karayanni argues, more importantly, that in order to face technological complexities, the forum non conveniens doctrine needs to undergo a basic transformation. He proposes that American and English law doctrines similar to the forum non conveniens, like the reasonableness test and the forum conveniens doctrine, be integrated.


Published under the Transnational Publishers imprint.

Series:

Ernst Ulrich Petersmann

treaties establishing international organizations for an unlimited time, like gatt Article xxiii :1(b) on ‘non-violation complaints’). Will the heralded dawn of an ‘Asian 21st century’ prompt the ‘invisible college of international lawyers’ to adopt different conceptions and methodologies of iel and

George Mugwanya

The author argues that although the Universal Declaration of Human Rights and the role the United Nations plays in promoting global awareness of human rights has had a positive influence in Africa, their institutional, financial and political impediments undercut the ability of a global system to address adequately the crisis in human rights violations occurring in Africa today.





Using case studies from South Africa and Uganda, past difficulties in addressing human rights problems are analyzed and recommendations made for future methodologies including the creation of an African Court of Human and Peoples' Rights.



Published under the Transnational Publishers imprint.

Series:

Ernst Ulrich Petersmann

treaties establishing international organizations for an unlimited time, like gatt Article xxiii :1(b) on ‘non-violation complaints’). Will the heralded dawn of an ‘Asian 21st century’ prompt the ‘invisible college of international lawyers’ to adopt different conceptions and methodologies of iel and

Series:

Edited by Jan Niessen and Thomas Huddleston

The Migrant Integration Policy Index (MIPEX) is a unique comparative study on indicators of the legal integration of third-country nationals. Though comparing countries on the basis of various indicator types is common in the private sector and increasingly used in policy areas like development, good governance and equality, the exercise remains relatively new in justice and home affairs. The book lays out the instruments used to construct the MIPEX and then situates the study within current debates on integration indicators and policy evaluation. Each chapter considers what the study’s key findings add to our understanding of the state of integration policy development across Europe and of recent legal and policy trends on anti-discrimination, naturalisation, labour market access, and political participation.