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Abandoning the Nationalist Framework: Comparative Legal History  

Kjell Å Modéer

Print publication date:
Jul 2018
Online publication date:
Aug 2018
This chapter is about the relations between the national legal system and the ‘other’—especially from the creation of the modern nation state in the early nineteenth century and up to ... More

Adjudication Systems  

Emma Lees

Print publication date:
May 2019
Online publication date:
Jul 2019
This chapter examines the role of adjudication systems in handling environmental disputes. It first considers the role of the judiciary in relation to the environment and its place within ... More

Affirmative Action  

Daniel Sabbagh

Print publication date:
May 2012
Online publication date:
Nov 2012
This article begins with a discussion of the constitutionalization of affirmative action and its side effects. It examines the legal underpinnings of affirmative action in two relatively ... More

al-Qadi  

Mohammad Fadel

Print publication date:
Nov 2018
Online publication date:
Oct 2016
The paradigmatic public institution associated with the application of Islamic law from the rise of Islam until the end of the nineteenth century has been the qadi. This essay examines the ... More

An Anthropological Perspective on Legal Pluralism  

Sally Engle Merry

Print publication date:
Sep 2020
Online publication date:
Oct 2020
The concept of legal pluralism has proved enormously fruitful in challenging ideas about the centrality of state law and increasing awareness of the diversity of ways that individuals ... More

Anthropological Roots of Global Legal Pluralism  

Keebet von Benda-Beckmann and Bertram Turner

Print publication date:
Sep 2020
Online publication date:
Oct 2020
Since the turn of the century, the term “legal pluralism” has seen a remarkable rise in interest. It is now widely accepted, although it was long rejected in legal studies. When legal ... More

The Application of International Law by the Court of Justice of the European Union  

Mario Mendez

Print publication date:
Jun 2019
Online publication date:
Jun 2019
This chapter assesses three key strands in the case law of the Court of Justice of the European Union concerning a central dimension of foreign relations law, namely, the application of ... More

The Application of Non-State-Based Standards in International Arbitration  

Shahla Ali

Print publication date:
Sep 2020
Online publication date:
Oct 2020
The inevitable interaction of legal and quasi-legal systems and norms across territorial borders not only impacts individuals as members of multiple communities (both territorial and ... More

The Assessment of Environmental Impact  

Neil Craik

Print publication date:
May 2019
Online publication date:
Jul 2019
This chapter examines the role of environmental assessment (EA) in mediating between the scientific, political, and normative elements within environmental decision-making. It first ... More

Associative Rights (The Rights to the Freedoms of Petition, Assembly, and Association)  

Ulrich K. Preuß

Print publication date:
May 2012
Online publication date:
Nov 2012
Associative rights cover those constitutional guarantees which deal with the joint actions of individuals. The promise of associative rights to individuals is the most effective means of ... More

Asymmetric Federalism  

Louise Tillin

Print publication date:
Mar 2016
Online publication date:
Feb 2017
This chapter examines the legal status and consequences of the asymmetrically federal provisions included in the Indian Constitution. In particular, it considers constitutional amendments ... More

Atmospheric Pollution  

Massimiliano Montini

Print publication date:
May 2019
Online publication date:
Jul 2019
This chapter examines atmospheric pollution legislation from a comparative perspective. It begins with a discussion of the definition and legal boundaries relevant to atmospheric pollution, ... More

Australia  

Douglas Fisher

Print publication date:
May 2019
Online publication date:
Jul 2019
This chapter examines the structure and substance of environmental law in Australia. It begins with a discussion of how powers are distributed in environmental governance in Australia, ... More

B. Comparative Constitutional Analysis in United States Adjudication and Scholarship  

Michel Rosenfeld

Print publication date:
May 2012
Online publication date:
Nov 2012
This article presents an analysis of comparative constitutional law. This study deals with United States adjudication and scholarship. It discusses the current American controversy over citations to ... More

Bioethics and Basic Rights: Persons, Humans, and Boundaries of Life  

Judit Sándor

Print publication date:
May 2012
Online publication date:
Nov 2012
This article explores the connections between bioethics and basic rights partly by analyzing the basic legal norms of bioethics, and partly by comparing thematic cases from the ... More

Brazil  

Antonio Herman Benjamin and Nicholas Bryner

Print publication date:
May 2019
Online publication date:
Jul 2019
This chapter examines Brazil’s environmental law. It first provides an overview of Brazil’s constitutional structure as it relates to federalism and the environment, taking into account how ... More

Brazilian Climate Change Law  

Karen Alvarenga Oliveira

Print publication date:
Mar 2016
Online publication date:
Nov 2016
This chapter examines the climate change policy of Brazil. In 2010 at the Sixteenth Conference of Parties in Cancún, Brazil announced its voluntary national target of significantly reducing ... More

Canada  

Stepan Wood

Print publication date:
May 2019
Online publication date:
Jul 2019
This chapter surveys Canadian environmental law, including the allocation of environmental powers, the choice of regulatory models, and the implementation of environmental laws. Notable ... More

A Cartography of Environmental Education  

Amy Cutter-McKenzie-Knowles, Marianne Logan, Ferdousi Khatun, and Karen Malone

Print publication date:
May 2019
Online publication date:
Jul 2019
This chapter presents a historical and policy cartography of environmental education. It begins with a brief historical overview of significant environmental education initiatives, focusing ... More

A Cartography of Environmental Human Rights  

Louis J. Kotzé and Erin Daly

Print publication date:
May 2019
Online publication date:
Jul 2019
This chapter presents a cartography of environmental human rights, with particular emphasis on the current and potential contribution of human rights in augmenting global environmental ... More

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