bluuebunny/crossref_metadata_2025_split huggingface dataset:
The International Law Dimension of the German Minorities Policy
Authors: Heintze  
Published: November 2003

AbstractEthnic Germans have traditionally been living in a number of other European states as national minorities. These minorities can in accordance with international law count on the support of their mother country as a protective power. During the Cold War, such German initiatives were often seen in Eastern Europe as interference into internal affairs and accordingly rejected. After the end of the block confrontation a significant number of bilateral agreements have been concluded in which the rights of German minorities are addressed. In these treaties the CSCE/OSCE documents play an important role. Doubtless these documents have no legal force. In the light of the theory of law it seems of great interest that clauses concerning minority protection have been integrated into binding international treaties. The treaties between Germany and Central and Eastern European states are examples for the ongoing process of “legalising” politically binding norms. All include, in one way or another, a reference to the political CSCE/OSCE-agreements relevant for minority protection. The relevant regulations are not only confirmed as binding for the signatory states, but rather that they are, although to varying degrees, being declared as legally effective instruments in bilateral relations. This “upgrade”raises these political norms to norms of international law.
The First Decade of Namibian Law
Authors: Bogdan  
Published: November 2003

AbstractThe article provides a concise overview of Namibian legal developments since the country became independent in 1990. It presents the constitutional framework of Namibian law, the principle of continued application of pre-independence rules, the history and future of the Roman-Dutch law inherited from South Africa, the role of customary law, and the present state of legal education and the legal profession in the country.
Michael Fraas, Sicherheitsrat der Vereinten Nationen und Internationale Gerichtshof: Die Rechtmäßigkeitsprüfung von Beschlüssen des Sicherheitsrats der Vereinten Nationen im Rahmen des VII. Kapitels der Charta durch den Internationalen Gerichtshof
Authors: de Wet  
Published: November 2003

AbstractNo Abstract
Hindu Nationalism and Muslim Minority Rights in India
Authors: Misra  
Published: November 2003

AbstractAfter half a century of experiment with secular politics, India has finally gone fundamentalist, preferring to be ruled by religious nationalists. This mind set among Indian voters is induced intriguing. The mandate for the nationalist Bharatiya Janata Party (BJP), in the recent parliamentary elections is an indication that India's majority Hindus are uncomfortable with their minority Muslim counterparts. Simultaneously, the support of a section of Muslims for the BJP also questions the true nature of secularism in India. Is this behaviour an indication of erosion of faith in secular politics? In this article I explore the roots of majority-minority divide in India. I argue that the rise of Hindu nationalism is a direct response to the politically motivated pseudo-secular ideas of the Congress party that ruled 45 out of 50 years of independent India. Analysing three of the most controversial issues viz. Article 370, Uniform Civil Code and Ram temple, the article evaluates the minority loss and gain in case the BJP succeeds in implementing its policies over these. Finally, it looks into the position of Muslims in a Hindu nation.
Canadians Discuss Freedom of Speech: Individual Rights Versus Group Protection
Authors: Howard-Hassmann  
Published: November 2003

AbstractFreedom of speech as an individual right is often thought to interfere with the collective rights of vulnerable groups to protection against threats of violence and demeaning group insults. This study analyzes interviews with 78 Canadian civic leaders that probed their views on this possible rights conflict. For most respondents, freedom of speech is not a core value, but one that must be reconciled with equality, nondiscrimination, and multiculturalism. Most of these Canadians will tolerate some restrictions on freedom of speech, believing such restrictions will promote community harmony and respect for all groups in society. These Canadians hold to a communitarian view of rights, and trust their government to curb free speech rights to protect vulnerable groups. However, ’new’ free speech issues, involving conflicts among members of different vulnerable groups, may point to the need to reinforce individual freedom of speech.
Democratic Legitimacy and Election Rules of National Ethnic Minority1 Bodies and Representatives – Reflections on Legal Solutions in Hungary and Slovenia
Authors: Korhecz  
Published: November 2003

Abstract‘[i]t is essential...that, where the numbers warrant, minority language parents possess a measure of management and control over educational facilities in which their children are taught. Such management and control is vital to ensure that their language and culture flourish. It is necessary because a variety of management issues in education, e.g., curricula, hiring and expenditures, can affect linguistic and cultural concerns.’2 – Supreme Court of Canada
Human Rights NGOs and their Role in the Promotion and Protection of Rights in Africa
Authors: Appiagyei-Atua  
Published: November 2003

Abstract‘NGOs and, more generally, organizations of the civil society, no longer simply have a consumer relationship with the United Nations. They have increasingly assumed the role of promoters of new ideas, they alerted the international community to emerging issues, and they have developed expertise and talent which, in an increasing number of areas, have become vital to the work of the United Nations, both at the policy and operational levels.’
Redeeming the Society which Rejected Them The Mayan Rebellion in South West Mexico
Authors:   Guzmán-Flores,   Martin
Published: November 2003

AbstractThe impact of the peasant rebellion in southeast Mexico has resonated far beyond the region. Part of the reason for this was the upsurge of unrest in a country whose government was a champion of fast-track neo-liberal reforms. The uprising appeared to be a timely indictment of these economic reforms - a view which seemed further confirmed by the rebellion's coincidence with the creation of the NAFTA. Our paper acknowledges the significance of these facts but argues first for a deeper historical perspective. The Mayan rebellion criticises not only neo-liberalism but also the whole post-revolutionary trajectory. We also argue for the need to take into account a variety of intervening factors which facilitated the rebellion. One inspiration for the rebellion came from an unexpected source - from a radical section of the Catholic Church, a church which had supposedly been buried as a political force for over a hundred years. The combination of theology of liberation and the sensitivity of post-1968 radicals to indigenous traditions behind the uprising exposed the extent to which the Mexican elite had systematically disregarded the condition of the indigenous population.
Ethnicity, Xenophobia and the Boundaries of Europe
Authors: Shore  
Published: November 2003

AbstractThis paper will argue that the political and economic integration of the European Union has played a crucial role in helping the spread of xenophobia and ethnic conflict across the continent. The redrawing of boundaries within the European Union and the increasing restrictions on those outside the EU does not solely involve internal policies of the EU and member nation states but also entails a process of capitalist reconstruction and globalisation. Confronted with the contradictions involved in the move towards supra-national centralisation and economic globalisation people are encouraged to reinvent their ethnicity and engage in ethnic conflict. Attempts to define Europe as a cultural entity also deepen these contradictions and official claims concerning 'Europe's civilising role' fail to appreciate the ways in which the EU has acted as a catalyst for xenophobia through a failure to confront the deepening contradictions, especially the racism which has always represented the darker side of modernity.
Polish Law and Policy towards National Minorities
Authors: Mikolajczyk  
Published: November 2003

AbstractThis article sets out which Polish laws contain rules for the protection of minorities. The obligations of the Republic of Poland in this field arise from various international law instruments, such as the Framework Convention on the Protection of National Minorities. The democratic transformations of 1989 affected the legal and social situation of minorities in Poland. Although the author finds the efforts of the Polish government to protect minority rights laudable, she concludes that there is still room for improvement and calls for a general law dealing with national minorities.
Hungarian National Minorities: Recent Developments and Perspectives
Authors: Edwards  
Published: November 2003

AbstractHungary is developing domestic policies that aim to halt the assimilation of its national minorities and, particularly, to help overcome the traditional multiple-disadvantages of the Roma minority. Laws have been passed on the protection of the minorities, the creation of local and national minority self-governments and the office of Ombudsman for National Minorities. The situation of four of the minorities is briefly sketched - Roma, Germans, Bulgarians and Slovaks. A much larger problem in Central Europe is the position of Hungarian minorities in neighbouring states, particularly Romania, Slovakia, and Serbia. During the difficult transition from communism to democracy, from planned to market economy - and coinciding with nation state-building and the re-emergence of nationalism among minority and majority communities - the possibilities of discord have increased. Problems are examined here. Despite this, much has been achieved in less than a decade. The seeds of reconciliation between Hungary and her neighbours are slowly being sown. The ultimate, longer term, solution lies in European integration.
The Rights of Turkish Immigrants in the European Union
Authors: Cicekli  
Published: November 2003

AbstractThe main purpose of this article is to provide a framework of international legal conventions which may amount to an 'umbrella regime' for EU member states as regards their treatment of Turkish migrants, thus supplementing the protection already available in domestic law. To this end, the study pulls together analyses of relevant parts of international and supra-national law within the context of Turkish migrants in Europe which are applicable in protecting the rights of immigrants. In particular, the Ankara Association Agreement of 1963 and its components have put Turkish migrants in a more favourable position than most of the other non-EU migrants, hence creating a sort of 'intermediate' regime for them. The study has confirmed that the developments under the EU law have remained and will remain the main source of progress as far as the rights of Turkish migrants are concerned. Nevertheless, it also draws attention to a significant counter effect of such positive developments; that is, the danger of unwillingness on the part of the EU member states to enlarge the scope of the rights granted to Turkish immigrants under the above-mentioned legal frameworks.
Scottish Devolution: Accommodating a Restless Nation
Authors: Munro  
Published: November 2003

AbstractThe article traces the recognition of Scotland within constitutional arrangements. It argues that Scotland is best regarded as a nation, within the union state of the United Kingdom. Historically, Scotland was a separate nation state before 1707. After the union, as part of the United Kingdom, Scotland retained its own legal system and was treated differently in several ways. Since 1885 particularly, measures of devolution have been used in order to appease demands, or accommodate Scottish identity within the union. The Scotland Act 1998, which creates a separately elected Parliament and executive for Scotland is therefore not the first step in that process. The reform is a calculated gamble, and there are grounds to doubt whether the latest accommodation will satisfy.
In a State of Flux: Self-Determination and the Collapse of Yugoslavia
Authors: Tierney  
Published: November 2003

AbstractThis article revisits the collapse of Yugoslavia and the impact which the recognition policy of the European Community at the time may have had upon the international law of self-determination. It begins with an overview of the principle of self-determination and of its internal and external dimensions. It reviews briefly the history of the principle in particular its 'colonial' model. The article then chronicles the collapse of Yugoslavia and analyses the importance of human rights and the principle of democratic government in the recognition policy applied by the EC. It concludes that the application of new recognition criteria by the Community may have helped reshape the meaning of self-determination as an international legal right.
The Negotiation of the European Community Directive on Racial Discrimination
Authors:   Tyson
Published: November 2003

AbstractThe Starting Line Group, a coalition of non-governmental organisations, has pressed for the adoption of European legal measures against all forms of racial discrimination since the early nineties. Isabelle Chopin and Jan Niessen chronicled the activities of the Starting Line Group in the European Journal of Migration and Law (EJML 1-1999, EJML 2-2000 and EJML 3-2001). In June 2000, the Council of Ministers adopted the Directive implementing the principle of equal treatment between persons irrespective of racial and ethnic origin. The adoption of this European legal measure marks the end of the Starting Line campaign and the Starting Line Group has discontinued its activities. The incorporation of the Directive in the laws of the member States and the Accession States is the beginning of the design or reinforcement of national legislation against racial and ethnic discrimination. The following article is on the final stages of the process leading to the adoption of a legal anti-discrimination measure, namely the negotiations among Member States on the Commission's proposal for a Directive. NGO's hardly played a role in those negotiations and were certainly not sitting around the negotiation table. Therefore this article is not written from an NGO perspective but from the perspective of an official of the European Commission participating in the negotiations. His article provides useful information on how the final text of the Directive came about.
Post-Amsterdam Migration Policy and European Citizenship
Authors: de Wenden  
Published: November 2003

AbstractFor the past 10 years, immigration has had an enormous impact on citizenship and, more recently, on the content of European citizenship:— the presence of immigration has led most European countries to modify their nationality codes, enlarging them to more rights of soil, while European citizenship has induced a plurality of identities and a plurality of choices, putting an end to a sacralised and unitary citizenship— new values are appearing within European citizenship, under the pressure of civic immigrant associationism: antiracism (article 13 of the Amsterdam treaty), multi-culturalism, solidarity with southern European countries and beyond, support of the undocumented.— but European citizenship may also be built as a community of reciprocal rights and interest, closing itself one to the other, and reinforcing its image of alterity.
H. Lück, Sachsenspiegel und Magdeburger Recht –Europäsche Dimensionen zweier mitteldeutscher Rechtsquellen. [Adiuvat itinere, 5]. [Adiuvat - Anwaltschaft hilft Anwaltschaft e.V.], Hamburg 1998. 63 S.
Authors:   Theisen
Published: November 2003

AbstractNo Abstract
Roswitha Rogge, Zwischen Moral und Handelsgeist: Weibliche Handlungsräume und Geschlechterbeziehungen im Spiegel des hamburgischen Stadtrechts vom 13. bis zum 16. Jahrhundert. [Ius Commune, Sonderhefte: Studien zur Europäischen Rechtsgeschichte, 109]. Klostermann, Frankfurt am Main 1998. IX + 280 S.
Authors:   Kossmann-Putto
Published: November 2003

AbstractNo Abstract
Les appels famands au Parlement de Paris – Regestes des dossiers de procès reconstitués d'après les registres du Parlement et les sources conservées dans les dépôts d'archives de Belgique et du Nord de la France, publiés par S. Dauchy. [Recueils de l'Ancienne Jurisprudence de la Belgique, Première série]. Ministère de la Justice, Bruxelles 1998. X + 564 p.
Authors:   Auzary-Schmaltz
Published: November 2003

AbstractNo Abstract
S. Solimano, Verso il Code Napoléon: il progetto di codice civile di Guy Jean-Baptiste Target (1798–1799). [Pubblicazioni dell'Istituto di storia del diritto italiano della Facoltà di giurisprudenza dell'Università di Milano, 22]. Giuffrè, Milano 1998. 427 p.
Authors:   Grilli
Published: November 2003

AbstractNo Abstract
H. Kooiker, Lex scripta abrogata: De derde renaissance van het romeinse recht, Een onderzoek naar de doorwerking van het oude recht na de invoering van civielrechtelijke codificaties in het begin van de negentiende eeuw, Deel I: De uitwendige ontwikkeling. Ars Aequi Libri, Nijmegen 1996. XXXIII + 511 blz.
Authors:   Nève
Published: November 2003

AbstractNo Abstract
The Muirhead Collection Catalogue, Part one: James Muirhead, teacher, scholar, book-collector, by J.W. Cairns; Part two: Owens College Library Catalogue, Class V: Legal sciences (This portion of the Library includes the Muirhead Law Library). With a preface by Chr.F. Verbeke. [Bibliographia Belgica, 146]. [Bruxelles] 1999. XVII + 32 + [III] + 133 p.
Authors:   Wijffels
Published: November 2003

AbstractNo Abstract
M. Scheffer, Die Gerichtsbarkeit auf Reichs-, Wahl- und Krönungstagen. [Quellen und Forschungen zur höchsten Gerichtsbarkeit im Alten Reich, 27]. Böhlau, Köln–Weimar–Wien 1995. XII + 143 S.
Authors: Nève  
Published: November 2003

AbstractNo Abstract
Repertorium der Policeyordnungen der Frühen Neuzeit, hrsg. v. K. Härter und M. Stolleis, Band 1: Deutsches Reich und geistliche Kurfürstentümer (Kurmainz, Kurköln, Kurtrier), hrsg. v. K. Härter. [Ius commune, Sonderhefte: Studien zur Europäischen Rechtsgeschichte, 84]. Klostermann, Frankfurt am Main 1996. XIV + 916 p.
Authors: van Peteghem  
Published: November 2003

AbstractNo Abstract
W. Wohlers, Entstehung und Funktion der Staatsanwaltschaft, Ein Beitrag zu den rechtshistorischen und strukturellen Grundlagen des reformierten Strafverfahrens. [Hamburger Rechtsstudien, 84]. Duncker & Humblot, Berlin [1994]. [Zugl. Hamburg Univ. Diss. 1992/1993]. 324 S.
Authors:   Bosch
Published: November 2003

AbstractNo Abstract
Capitula Episcoporum, II, hrsg. v. R. Pokorny und Martina Stratmann, unter Mitwirkung von W.-D. Runge; III, hrsg. v. R. Pokorny. [Monumenta Germaniae Historica, Capitula Episcoporum, II-III]. Hahnsche Buchhandlung, Hannover 1995. XVI + 241 s.; XVIII + 379 s.
Authors: Meens  
Published: November 2003

AbstractNo Abstract
Maximiliane Kriechbaum, Actio, ius und dominium in den Rechtslehren des 13. und 14. Jahrhunderts. [Münchener Universitätsschriften, Juristische Fakultät, Abhandlungen zur rechtswissenschaftlichen Grundlagenforschung, 77]. Aktiv Druck und Verlag, Ebelsbach 1996. XII + 466 S.
Authors: Feenstra  
Published: November 2003

AbstractNo Abstract
S. Dauchy, De processen in beroep uit Vlaanderen bij het Parlement van Parijs (1320-1521), Een rechtshistorisch onderzoek naar de wording van staat en souvereiniteit in de Bourgondisch-Habsburgse periode. [Verhandelingen van de Koninklijke Aca Wetenschappen, Letteren en Schone Kunsten van België, Klasse der Letteren, Jaargang 57, 1995, Nr. 154]. KAWLSK, Brussel 1995. VI + 328 p.
Authors: Wijffels  
Published: November 2003

AbstractNo Abstract
O. Lenel, Gesammelte Schriften, herausgegeben und eingeleitet von O. Behrends und F. D'Ippolito, I (1876-1889), LVIII + 568 p.; II (1892-1902), XIV + 509 p.; III (1902-1914), XII + 611 p.; IV (1915-1932), XIV + 710 p.; V (Besprechungen, Reden, Errinerungen), XVIII + 485 p. [Antiqua 52-56]. Jovene, Napoli [1990-1994]
Authors: Wubbe  
Published: November 2003

AbstractNo Abstract
A.J.B. Sirks, Summaria antiqua Codicis Theodosiani, Réédition, avec les gloses publiées dans Codicis Theodosiani fragmenta Taurinensia (ed. P. Krüger). [Chez l'auteur], Amsterdam 1996. XII + 130 p.
Authors: Stolte  
Published: November 2003

AbstractNo Abstract
A. Gómez de Castro, Las Vestals romanas (año 1562), ed. by J. García Sánchez. [Universidad de Oviedo, 1993]. 334 p. + 24 unnumbered pages [= Justi Lipsii de Vesta et Vestalibus syntagma] + p. 335-358, 15 figs.
Authors: Crawford  
Published: November 2003

AbstractNo Abstract
G. Hemmy, De Testimoniis: The testimony of Aethiopians, Chinese and other pagans as well as of the Hottentots inhabiting the Cape of Good Hope, likewise about the complaints of East Indian slaves, A thesis presented to the University of Leiden in 1770 for the Degree of Doctor of Both Laws, Edited and translated from the Latin by Margaret Hewett. UCT, [Cape Town] 1998. XXXIII + 2 x p. 9-67
Authors: de Smidt  
Published: November 2003

AbstractNo Abstract
Nachschlagewerk des Reichsgerichts, Bürgerliches Gesetzbuch, hrsg. v. W. Schubert und H.P. Glöckner, Band 5,1: 256-319; Band 5,2: 320-432; Band 6,1: 433-610; Band 6,2: 611-811. Keip, Goldbach [1997-1998]. XII + 596 + [IV] S. + S. 597-1221; XII + 660 + XII S. + S. 661-1418
Authors: Ernst  
Published: November 2003

AbstractNo Abstract
Design of a defence hole system for a shear-loaded plate
Authors: Akour S. N , Nayfeh J. F , Nicholson D. W 
Published: November 2003

Stress concentrations associated with circular holes in pure shear-loaded plates can be reduced by up to 13.5 per cent by introducing elliptical auxiliary holes along the principal stress directions. These holes are introduced in the areas of low stresses near the main circular hole in order to smooth the principal stress trajectories. A systematic study based on univariate search optimization method is undertaken by using finite element analysis (FEA) to determine the optimum size and location for an auxiliary defence hole system. The results are validated using RGB (red-green-blue) photoelasticity.