Citations with the tag: DE facto doctrine
Results 1 - 50
- DE FACTO DEPENDENCE.
Yablo, Stephen // Journal of Philosophy; Mar2002, Vol. 99 Issue 3, p130
Focuses on the de facto theory. Comparison of the de facto theory with the responses to preemption; Problem facing the counterfactual theory; Analogy on the theories of preemption.
- Borders, Boundaries, Ceasefire Lines and de facto Borders: The Impact of Mobility Policies.
Oltramonti, Giulia Prelz // Eurolimes; 2011, Vol. 11, p157
This paper is concerned with the de facto borders of, and within, Abkhazia and South Ossetia, and their evolution between the onset of the ceasefire agreements (1992 in the case of South Ossetia, 1994 in the case of Abkhazia) and the resumption of conflict in August 2008. After reviewing the...
Dodds, Klaus // Geographical (Geographical Magazine Ltd.); Jan2008, Vol. 80 Issue 1, p12
The article offers information on Nagorno-Karabakh, which is located in the south of Caucasus, Azerbaijan. Nagorno-Karabakh is a de facto independent republic and has close ties to Armenia. With a population estimated at 38,000, the territory is home to a predominantly Armenian population who...
- Police System And Transformation Of Criminal Tribes In The Princely State Of Pudukkottai.
Murugiah, K. // Review of Research; Aug2012, Vol. 1 Issue 11, Special section p1
Pudukkottai, a Princely State, was ruled by the Thondaimans. While the de jure ruler was Thondaiman, the de facto ruler was the British. As there was no organised opposition to the British, they wanted to maintain and keep peace in Pudukkottai also. But Pudukkottai presented certain sociological...
- DE RECTO, DE JURE, OR DE FACTO: ANOTHER LOOK AT THE HISTORY OF U.S./TRIBAL RELATIONS.
Sanders, Marren // Southwestern Law Review; 2013, Vol. 43 Issue 2, p171
An introduction is presented in which the editor discusses various reports within the issue on topics including the history of U.S./tribal relations, tribal sovereign rights, and the concept of de facto sovereignty.
- Honduras: Lobo's Struggle for Political Legitimacy.
Burnette, Robin // Washington Report on the Hemisphere; 12/31/2010, Vol. 30 Issue 22, p6
The article reports on the issues concerning the constitutional legitimacy of the de facto government of Honduran president Porfirio Lobo due to the refusal of the major countries in South America like Brazil, Ecuador and Argentina to recognize the Lobo government.
- Global capital flows to the emerging-market economies: Qualitative and quantitative differences.
Das, Dilip K. // Journal of Asset Management; Oct2010, Vol. 11 Issue 4, p244
This article focuses on the financial globalization of the emerging-market economies (EMEs) and the important differences across country groups in this regard, particularly the relative importance of different types of capital inflows and the pace of financial globalization. That the extent of...
Das, Dilip K. // Background Notes on Countries of the World: Haiti; Jan2007, p2
The article focuses on the history of Haiti. In January 1804, a war won by local forces against an army sent by Napoleon Bonaparte led to its independence from France. Haiti experienced political and economic disorder from 1843-1915, which prompt the U.S. to occupy the country until 1934. A de...
- LIBYA-POWER STRUGGLE.
Das, Dilip K. // Middle East Reporter (Daily Edition); 11/12/2011, Vol. 199 Issue 5216, p8
The article provides information on rebel clash, new government and wounded rebels in Libya. It states that two people were killed in Tripoli, capital city of Libya and political conflicts in Libya after it has been declared liberated by the National Transitional Council, the de facto parliament...
- FEE SHIFTING IN INVESTOR-STATE ARBITRATION: DOCTRINE AND POLICY JUSTIFYING APPLICATION OF THE ENGLISH RULE.
Riesenberg, David P. // Duke Law Journal; Jan2011, Vol. 60 Issue 4, p977
In investor-state arbitration, tribunals can and should apply the English rule on legal costs and abandon the two alternatives, the American rule and the pro-claimant rule. Under the English rule, the unsuccessful party in a dispute must indemnify the prevailing party for the costs of dispute...
- Jeopardy in Kabul.
Riesenberg, David P. // National Review; 5/26/1978, Vol. 30 Issue 21, p634
The article reports on the communist coup in Afghanistan and its effects to the Soviet Union. The communist coup in Afghanistan has provided the USSR an opportunity to continue and increase its de facto sway towards a controlled outlet on the Indian Ocean, which has always been the goal of the...
- Russia's Control Of Separatist Regions Will Increase.
Riesenberg, David P. // Emerging Europe Monitor: Russia & CIS; Aug2009, Vol. 13 Issue 8, p8
The article reports on the advantage of Russia's veto of an extended mission by the United Nations in the separatist Georgian region of Abkhazia on June 16, 2009. According to the article, the move will allow Moscow to solidify its de facto control over the region. Moreover, it will further...
- Human Rights and the Environment in India: Access through Public Interest Litigalion.
Gill, Gitanjali Nain // Environmental Law Review; 2012, Vol. 14 Issue 3, p200
India's green jurisprudence is an outcome of a proactive Supreme Court. The judiciary has expanded the constitutional meaning of 'right to life' to include environmental protection. The limited effectiveness of both the executive and administrators has promoted the judiciary into a de facto role...
- Settlers accuse government of imposing building freeze.
Susser, Leslie // New Jersey Jewish News; 3/31/2011, Vol. 65 Issue 13, p31
The article discusses Israel has frozen new construction in the city's disputed eastern sector despite Prime Minister Benjamin Netanyahu's declarations to the contrary. It states that recent tensions with the U.S. has brought about a de facto construction freeze, with building projects requiring...
- Brothers In Arms.
Nemtsova, Anna // Newsweek (Atlantic Edition); 5/21/2012, Vol. 159 Issue 21, p9
The article features Filipp, Timofei and Tikhon Dzyadko, brothers and co-hosts of the Web television (TV) show "Dzyadko 3" who have become three of the most recognizable faces of the liberal opposition in Moscow. Aired on Dozhd, an independent channel broadcast mostly on the Internet, the show...
- NAIC codification project: Accounting fist in velvet glove.
Boyd, William // National Underwriter / Life & Health Financial Services; 2/23/98, Vol. 102 Issue 8, p51
Opinion. Presents the author's views on `Comprehensive Guide,' codification project of the National Association of Insurance Commissioners (NAIC). Basis for insurer accounting as early as January 1, 1999; How the project can elevate itself above the complications of individual state accounting...
- The Parody of Electoral Observation.
Vigna, Anne // NACLA Report on the Americas; Mar/Apr2010, Vol. 43 Issue 2, p14
The article focuses on international observers during the November 29, 2009 election in Honduras. Despite the questions of legitimacy of elections, the author says that electoral observers from the United Nations, the Organization of American States, and the European Union did not participate....
- De Facto Regimes in International Law.
Van Essen, Jonte // Merkourios; 2012, Vol. 28 Issue 74, p31
The ambiguous position of de facto regimes in international law has long been the subject of scholarly debate and a source of political conflict. An assessment of the current standing of these regimes in international law and the consequences of actions by international actors on this status...
Herbach, Jonathan // Merkourios; 2012, Vol. 28 Issue 74, p01
An introduction to the journal is presented in which the editor discusses various reports published within the issue including one on the jus ad bellum doctrine and the legality of the Russian intervention in Georgia, another on the rules of international law pertaining to military activities of...
- A REGIONAL HEGEMON EATS CROW.
Margolis, Mac // Newsweek (Atlantic Edition); 11/16/2009 (Atlantic Edition), Vol. 154 Issue 20, p11
The article discusses politics in Honduras. Honduran President Manuel Zelaya was removed from office in June 2009, however, Brazil is attempting to have him back in office. Honduras is being run by de facto President Roberto Micheletti with the U.S. becoming involved and instituting a plan where...
- FONDATORII SOCIETÄ‚II ÃŽN REGLEMENTAREA LEGII NR. 31/1990.
BODU, SEBASTIAN V. // Dreptul; 2014, Issue 5, p280
This article deals with the legal status of founders of a company regulated by Law No 31/1990 in the light of differences between the founders de facto and the founders de jure. The main idea of this article is that, while the law makes various references to persons that acquire rights or...
- State Building in De Facto States: Somaliland and Puntland Compared.
Johnson, Martha C.; Smaker, Meg // Africa Today; Summer2014, Vol. 60 Issue 4, p3
Since the collapse of the Somali state, regional governments in Somaliland and Puntland have engaged in local state building. Studies often compare Somaliland and southern Somalia, but the comparison of Somaliland and Puntland receives less attention. We help fill this gap by comparing the...
- A history of the headscarf ban in Turkey.
Peres, Richard // Turkish Review; Sep/Oct2012, Vol. 2 Issue 5, p34
This article traces both de facto and de jure prohibitions on tesettÃ¼r in its various versions in the public sphere from the beginning of the 20th century. The restrictions on the Islamic headscarf begun in the 1980s are a sub-set and natural outgrowth of the previous 45 years of Turkish...
- your rights.
Carrington, Danielle; Brown, Emma-Charlotte // Woman's Day (Australia Edition); 5/19/2003, p68
Offers legal advice on various issues. Information on de-facto laws in marriage; Background on Apprehended Violence Order; Comparison between a registry marriage and a celebrant.
- The Meaning of Citizenship: Tests, Policy, and English Proficiency.
LORING, ARIEL // CATESOL Journal; 2012/2013, Vol. 24 Issue 1, p198
This paper addresses the ideal of citizenship in the US and how particular meanings of history, culture, and language are encoded in government policy and practice. The US government (Citizenship and Immigration Services) presents citizenship as a commitment to shared knowledge and values, and...
- The Second Intifada: STATEMENTS BY JAILED RESERVISTS: I killed three innocent civilians.
Kaspari, Idan // Refusenik!: Israel's Soldiers of Conscience; 2004, p92
The author reflects on terrorism, occupation and its effects on innocent civilians. He believes that terrorism is the weapon of those who have lost hope, who are humiliated and powerless and occupation feeds and sustains terrorism that is why he refuses to serve in the occupied territories and...
- Notion and Signs of Opposite Sex's Persons De Facto Union.
Vybornova, M. M. // Current Issues of Russian Law; 2011, Vol. 2011 Issue 2, p159
Now Russia does not recognize and protect by the rule of law de facto unions. De facto unions have some similarity with the registered marriage. This article is about finding and study signs of de facto unions and formulation on this ground the notion "de facto union". The experience of foreign...
- Defense Update: An Expert Assesses the Syrian â€˜Maturing Insurgency' (UPDATED).
DE WIND, DORIAN // Moderate Voice; 7/12/2012, p5
The article reports on the assessment made by senior research analyst Joseph Holliday of the Institute for the Study of War (ISW) on the ongoing crisis in Syria. Holliday states that the maturing insurgency in Syria has begun carving out its de facto safe zones. He adds that the conflict in the...
- Religion and the Nigerian State: Situating the de facto and de jure Frontiers of Stateâ€“Religion Relations and its Implications for National Security.
Sampson, Isaac Terwase // Oxford Journal of Law & Religion; Jun2014, Vol. 3 Issue 2, p311
Since its independence in 1960, Nigeria has struggled unsuccessfully to clearly articulate the relationship between religion and the state. Whereas the British colonialists seemingly bequeathed to the new nation-state a secular regime at independence, the internal contradictions, which,...
- Bishop: Welcome all couples.
Sampson, Isaac Terwase // National Catholic Reporter; 9/12/2014, Vol. 50 Issue 24, p3
The article discusses associate of Pope Francis and leader of the Italian official assembly of bishops Italian Episcopal Conference Bishop Nunzio Galantino's views on accepting divorced and remarried couples by the Christian Church in addition to the de facto discrimination.
- The Pursuit of International Recognition After Kosovo.
Caspersen, Nina // Global Governance; Jul-Sep2015, Vol. 21 Issue 3, p393
The international recognition of Kosovo exacerbated existing uncertainties over state recognition. By its supporters it was billed as a "unique case," but others saw it as extending the right to self-determination. Unlike most literature on state recognition, this article adopts a bottom-up...
- In the Shadow of the Anticommons: The Paradox of Overlapping Exclusion Rights and Open-Access Resource Degradation in India's Wastelands.
Brinkhurst, Marena // Journal of Economic Issues (M.E. Sharpe Inc.); Mar2010, Vol. 44 Issue 1, p139
India's wastelands have been classified as both over utilized and underutilized. Perplexingly, an apparent tragedy of the commons exists alongside extensive official management powers. In this paper, I argue that the complexity of governance structures may be inadvertently worsening the...
- Sheriff Joe Arpaio.
Investor's Business Daily // Investors Business Daily; 8/17/2015, pA02
The article reports on the inability of Sheriff Joe Arpaio of Maricopa County, Arizona in challenging the legality of executive action of the U.S. president Barack Obama related to de facto legal status to 4.7 million undocumented immigrants.
- POLITICAL CONDITIONS.
Investor's Business Daily // Background Notes on Countries of the World: Romania; December2004, p8
This article presents information on the political condition in Romania. Adrian Nastase, serving as Prime Minister for the Social Democratic (PSD) government that came into power in 2000, early concluded an agreement with the ethnic Hungarian party that gave the PSD a de facto majority in...
- GEORGIA: RISK SUMMARY.
Investor's Business Daily // Emerging Europe Monitor: Russia & CIS; Aug2008, Vol. 12 Issue 8, p10
The article offers business-related news briefs in Georgia. Abkhazia will close its de facto border with the Tbilisi-controlled part effective July 1, 2008 due to the series of explosions on June 29-30 in the region. The economic growth declined from 11.4 percent in 11.4 percent in the first...
- The Legacy of the Kyoto Protocol: Its Role as the Rulebook for an International Climate Framework.
Shimada, Kunihiko // International Review for Environmental Strategies; Summer2004, Vol. 5 Issue 1, p3
Provides an overview of several articles concerning the status of the Kyoto Protocol, an international agreement which governs commitment on climatic change management. Perception on the recognition of the Protocol as the de facto climate regime; Outlook on international climate policies by 2012.
- FOREIGN RELATIONS.
Shimada, Kunihiko // Background Notes on Countries of the World: Haiti; Aug2007, p8
The article presents information on the foreign relations of the Republic of Haiti. The country maintains diplomatic relations with several countries as one of the original members of the United Nations (UN) and several of its specialized related agencies. During the 1991-1994 period of de facto...
- Pull Too Hard and the Rope May Break: On the Secondary Liability of Technology Providers for Copyright Infringement.
Helman, Lital // Texas Intellectual Property Law Journal; Summer2010, Vol. 19 Issue 1, p111
The article offers information on the standard of secondary liability for technology providers under copyright law. It centers on the descriptive-analytic aspect of the argument and explains the development of a de-facto open-ended standard. It presents an analysis of the ineffectiveness of the...
- Recent Decisions.
Helman, Lital // California Law Review; Sep27, Vol. 15 Issue 6, p531
Examines the decision of the court in legal cases dealing with the power of a court to modify a verdict, de facto corporation and remedy of non-dependents. Treat et al. v. Los Angeles Gas & Electric Corporation; Midwest Air Filters Pacific, Inc. v. William Warren et al.; People v. Sugarman.
- Del. Supreme Court dismisses appeal in lesbian child custody case.
Helman, Lital // Gay & Lesbian Times; 3/16/2006, Issue 951, p28
The article reports on the ruling of the Delaware Supreme Court on the issue of whether Susan Symes was a de facto parent of the triplets born to Elizabeth Symes. The court based its dismissal on the acceptance of benefits doctrine. Elizabeth Symes had appealed a Family Court ruling declaring...
- Part 3: Matters of justification or excuse.
Helman, Lital // Crimes Act 1961; 1961, p46
The article discusses the matters of jurisdiction or excuse under the Crimes Act 1961 in New Zealand. It cites the general rule to jurisdictions encloses rules and principles of the common law rendered in any circumstances a justification or excuse for any act or omission. In addition, the Act...
- On the Limits of Supremacy: Medical Marijuana and the States' Overlooked Power to Legalize Federal Crime.
Mikos, Robert A. // Vanderbilt Law Review; Oct2009, Vol. 62 Issue 5, p1421
The article discusses the overlooked power of the U.S. on the issue of legalizing activities that are prohibited by the Congress, specifically about marijuana. It mentions that the House of Congress has banned the use of the substances which carries both criminal and civil modest-to-severe...
- The composite state of China under ï¿½One Country, Multiple Systemsï¿½: Theoretical construction and methodological considerations.
Zhu, Guobin // International Journal of Constitutional Law; Jan2012, Vol. 10 Issue 1, p272
Under the formula of ï¿½one country, two systems,ï¿½ Hong Kong and Macau were handed over to the Peopleï¿½s Republic of China to become two special administrative regions. Today, China has a total of thirty-three subnational units or constituencies: twenty-two provinces, four...
- Hope or horror in store for Honduras?
Brannan, Tanya // Guild Notes; Spring2010, Vol. 35 Issue 1, p15
The article focuses on the cancellation of the vote for a referendum to convene a constituent assembly to rewrite the constitution in Honduras. It coincides with Manuel Zelaya's, democratically-elected president, way to Costa Rica after being kidnapped at military gunpoint. As a result, Roberto...
- ENDING DEATH BY DANGEROUSNESS: A PATH TO THE DE FACTO ABOLITION OF THE DEATH PENALTY.
Berry, William W. // Arizona Law Review; Winter2010, Vol. 52 Issue 4, p889
The use of the death penaltyï¿½both in number of new death sentences and actual executionsï¿½has been steadily decreasing during the past decade. Two phenomena largely explain this decrease: (1) the continued discovery of individuals on death row who are actually innocent of the crimes...
- IMPACT OF EC COMPETITION LAW ON ARBITRATION PROCEEDINGS.
Flere, Pavle // Slovenian Law Review; Dec2006, Vol. 3 Issue 1/2, p155
As international commercial arbitration has become a widespread dispute settlement system, arbitrators have tackled the problem of arbitrating disputes involving EC competition law. Even though this topic has not remained unexplored, it is still treated with respect among scholars and...
- Los supuestos de aplicaciÃ³n del administrador de hecho: un anÃ¡lisis del caso espaÃ±ol a propÃ³sito de la sociedad por acciones simplificada.
HERNÁNDEZ MARTÍNEZ, WILLIAM DAVID // Estudios Socio-JurÃdicos; dic2012, Vol. 14 Issue 2, p241
Before the creation of the sass (simplified stock companies), the Colombian management liability regime was highly formal in nature. However, Law 1258 of 2008 expanded the subjective scope of application of the aforementioned system by incorporating the figure of the "de facto manager". In this...
- A REGIONAL HEGEMON EATS CROW.
Margolis, Mac // Newsweek (Pacific Edition); 11/16/2009 (Pacific Edition), Vol. 154 Issue 20, p11
The article discusses politics in Honduras. The outlook for former Honduran President Manuel Zelaya, who was removed from office in June 2009, to be reinstated is mentioned. The de facto President Roberto Micheletti, Brazilian support for Zelaya, and U.S. intervention with a plan for the...
- Revisiting State Succession to Humanitarian Treaties: Is There a Case for Automaticity?
Rasulov, Akbar // European Journal of International Law; Feb2003, Vol. 14 Issue 1, p141
A belief formed over the last decade, both within and outside the academic community, that humanitarian treaties are subject to a special regime in the law of state succession, known as 'automatic succession'. This article seeks to critically re-examine the accuracy of this belief. By analysing...
- Does Forced Democratization Work?
Walker, Scott // Taiwan Journal of Democracy; Jul2011, Vol. 7 Issue 1, p73
Over the past seven decades, democratic powers, led by the United States, have attempted to bring about democracy through external military imposition. While research to date has generally pointed toward the conclusion that such efforts are often not successful in effecting full-fledged...