Academic literature on the topic 'Intersection de courant'
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Journal articles on the topic "Intersection de courant"
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Mazzilli, Emmanuel. "Les courants associés à une intersection complète de." Complex Variables and Elliptic Equations 51, no. 7 (2006): 633–44. http://dx.doi.org/10.1080/17476930500464133.
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Mazzilli, Emmanuel. "Courants du type résiduel attachés à une intersection complète." Journal of Mathematical Analysis and Applications 368, no. 1 (2010): 169–77. http://dx.doi.org/10.1016/j.jmaa.2010.03.004.
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Caseau, P. "ETUDE THEORIQUE DE L'EXPLOITATION DES ENREGISTREMENTS DE HOULE." Coastal Engineering Proceedings 1, no. 7 (2011): 8. http://dx.doi.org/10.9753/icce.v7.8.
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L'e'tude de la houle en un point, c'est-a-dire 1!exploitation d'un enregistrement de houle, consiste a obtenir, a. partir de cet enregistrement, le plus de renseignements possible sur le "spectre" de la houle. Nous excluons le cas ou la donnee -|-(t) se presente sous la forme d'un tableau chiffre' ou d'un courant electrique. Ces deux representations ont en conmun la proprie'te que 1' addition de deux fonctions et l1 operation 4, / f(t) oU y sont faciles a realiser. L*exploitation passera done naturellement par la fonction de correlation YC*-) = =T / TW|(trt) 1ui es^ "tres facile a obteni] Au contraire, si 1'enregistrement se pre'sente sous forme de courbes sur film ou sur papier, aucune de ces deux operations n'est facile a realiser, ce qui enleve a *Jf(f) beaucoup de son intere*t. Pour 1' exploitation des enregistrements effectues par 1'enregistreur autonome de Chatou, qui consistent en des courbes sur film de 35 mm, une methode simplifiee est actuellement utilise'e ji5_7° Cette methode ne donne cependant pas tous les renseignements que l'on voudrait, et elle est moins rapide d'emploi qu'il ne serait necessaire pour permettre le depouillement des tres nombreux enregistrements effectues avec les divers appareils en service. En modifiant un peu la methode, M„ Kowalski, de l*Instytut Morski, a Gdansk, en Pologne, a pu la mecaniser et la rendre plus pratique, sans cependant augmenter le nombre des renseignements obtenus. En s'inspirant du procede utilis^ par M, Kowalski, M. Valembois a imagine le procede que 1ious etudions ici. Ce proce'de consiste a faire defiler le film devant un appareil qui compti au moyen de cellules photoelectriques, le nombre de points dsintersection de . courbe u = ^(t) avec les droites u- etc , pour diverses valeurs de la constanti Mo Larras a propose", au lieu de coTiipter des nombres de points d1 intersection, de totaliser des intervalles horizontaux (fig. t). L1etude mathematique de ces procedes conduit naturellement a considerer les "distributions" associees a ^(t), a voir leurs relations avec le spectre, et a selectionner celles qui sont le plus faciles a obtenir et qui donnent le plus de renseignements sur celui-ci. Apres avoir passe en revue les hypotheses mathematiques et les resultats ne'eessaires au calcul, nous aborderons done l'^tude de ces distributions, et nous indiquerons quelques-unes de celles que l'on peut utiliser.
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Guo, Wen-Chung, and Fu-Chuan Lai. "Spatial Cournot competition in two intersecting circular markets." Annals of Regional Science 64, no. 1 (2019): 37–56. http://dx.doi.org/10.1007/s00168-019-00952-9.
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Maučec, Gregor. "The International Criminal Court and the Issue of Intersectionality—A Conceptual and Legal Framework for Analysis." International Criminal Law Review 21, no. 1 (2021): 1–34. http://dx.doi.org/10.1163/15718123-bja10043.
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Abstract A survey of relevant case law of the International Criminal Court (icc or Court) reveals inconsistencies, as well as conceptual flaws and limitations in the Court’s mainly uni-sectional approach to mass atrocities that involve multiple and intersecting forms discrimination, in particular with regard to the cornerstones of such cases—the identification of the protected groups and their members. This has resulted in discrepancies and low levels of legal protection against intersectional targeting. Such a cautious, selective and inconsistent approach of the icc to this issue is unsurprising given that the application of intersectionality in practice is a radical and transformative project. Espousing a more consistent and intersectional approach of the icc in considering mass atrocities against different protected groups and their members, this article discusses the Court’s legal framework and major conceptual and statutory concerns surrounding the icc prosecutor’s and judges’ enhanced engagement—through more progressive law interpretation—with the phenomena of intersectionality and key concepts related to it. The main purpose of this contribution is thus two-fold: (1) to demonstrate and explain why, in practice, the focus on intersectional dimensions of such situations and cases in their selection, prosecution and adjudication does not interfere with strict adherence to the principle of legality underlying the Rome Statute, and (2) to analyse the legal grounds and avenues for the Court to implement intersectionality when dealing with atrocities involving intersectional discrimination. It is ultimately suggested that Article 21(3) of the Rome Statute offers a proper and solid legal basis for interpreting and applying pertinent international criminal law in light of intersectionality.
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Baraggia, Antonia, and Maria Elena Gennusa. "Intertwined but Different. The Heterologous In Vitro Fertilization Case before the European Court of Human Rights and the Italian Constitutional Court." Perspectives on Federalism 9, no. 1 (2017): 34–67. http://dx.doi.org/10.1515/pof-2017-0003.
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Abstract International and constitutional law, originally distinct realms with limited areas of intersection, are getting closer and closer, particularly in the European landscape within the human rights protection field, where these mere contacts between the two systems have become intersections and overlaps. The present article will try to shed light on the still unsolved and problematic issues to which overlapping human rights protection systems give rise, by focusing on an analysis of the heterologous in vitro fertilization case, where both the Strasbourg Court and the Italian Constitutional Court delivered relevant judgments on very similar matters (ECtHR’s S.H. Judgment; Judgment No. 162/2014 from the Italian CC). Such analysis revealed useful in highlighting connections and disconnections between the different levels of protection of rights, and led us to argue that the development of a multilevel protection of rights is also, at least partially, a tale of Courts, each competing to have the last word on human rights adjudication.
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Martin, Ana. "Intersectionality: Explaining SGBV Interlinked with Terrorism and Other International Crimes." Journal of Human Trafficking, Enslavement and Conflict-Related Sexual Violence 1, no. 2 (2020): 135–61. http://dx.doi.org/10.7590/266644720x16062928261028.
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Sexual and gender-based violence (SGBV) is often intertwined with and nested within other violations of international criminal law (ICL) as part of a broader attack against a group. However, ICL is not giving enough visibility to this nexus of crimes rooted in the intersection of identities and discrimination that underpins SGBV during conflict. Intersectionality is a concept originated in feminism and progressively recognized by international human rights law (IHRL). It posits that SGBV is caused by gender 'inextricably linked' with other identities and factors that result in compounded discrimination and unique aggravated harms. Based on case studies, this paper argues that ICL should integrate an intersectional approach based on identity and discrimination to address the nexus between SGBV and broader international crimes. Intersectionality enables a better understanding of the causes, harms, and gravity of SGBV, and it provides consistency with an IHRL interpretation. The article begins setting out the foundations of intersectionality in feminism and IHRL, and its applicability to ICL. It then applies intersectionality to two case studies that demonstrate the interlink of SGBV with broader violations of ICL: The Revolutionary United Front Case (RUF) trial judgment of the Special Court for Sierra Leone (SCSL) concerning SGBV and the war crime committing acts of terrorism, and Al Hassan, prosecuted at the International Criminal Court (ICC), concerning SGBV and the crime against humanity of persecution. It concludes with final remarks on why and how ICL would benefit from integrating an intersectional approach to SGBV.
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Fisher, Kirsten J., and Laszlo Sarkany. "Canada, the International Criminal Court, and the intersection of international politics and finances." International Journal: Canada's Journal of Global Policy Analysis 74, no. 2 (2019): 206–24. http://dx.doi.org/10.1177/0020702019852700.
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In 2018, Prime Minister Trudeau made two announcements regarding the International Criminal Court, both, it seems, aimed at reinforcing Canada’s claim of human rights promotion and multilateralism: Canada declared Myanmar’s actions against the Rohingya people genocide and urged the United Nations Security Council to refer the situation to the International Criminal Court, and it joined a collective referral of the Venezuela situation to the Court. As public measures of support, these are positive developments for the International Criminal Court, which has been suffering poor public relations and challenges to its legitimacy. However, Canada could do more by better supporting the financial viability of the Court. Currently, it aims to increase the Court’s workload without supporting an increased budget, as reflected in Canada’s involvement at the December 2018 Assembly of States Parties meeting. A seemingly sure way to undermine the International Criminal Court would be to add to its workload without ensuring it has the financial resources to do the work.
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Schiek, Dagmar. "On uses, mis-uses and non-uses of intersectionality before the Court of Justice (EU)." International Journal of Discrimination and the Law 18, no. 2-3 (2018): 82–103. http://dx.doi.org/10.1177/1358229118799232.
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Intersectionality, frequently used by political scientists, sociologists and anthropologists as a highly abstract concept, originated as the socio-legal critique, by Kimberlé Crenshaw, of US courts’ ignorance of discrimination against Black Women specifically. That ignorance emerged in cases such as DeGraffenreid, in which the claimants challenged a collective redundancy scheme resulting in dismissing all Black Women on grounds of indirect discrimination. The court refused to recognise Black Women as a category of relevance and did not find any discrimination because the scheme did not impact disproportionally on White Women or Black Men. As regards EU law, some socio-legal scholars of today doubt that intersectionality has any value as a practically relevant concept. This article discusses the question whether and how intersectionality can and should be used in applying EU non-discrimination law through a critical analysis of three ECJ rulings delivered between 24 November 2016 and 14 March 2017. The Parris case concerning the pension claims of two white homosexual Men can be qualified as the Court’s “DeGraffenreid moment” because it refused to recognise discrimination in a case where the intersection of being over 63 and homosexual was the basis of excluding the Men from a survivor’s pension. The Court refused to recognise combined discrimination and found that neither age nor sexual orientation in isolation were the reason of that exclusion. The more recent Achbita and Bougnaoui cases seem to constitute instances of surprising ignorance of racializing Muslim Women through penalising them for wearing a headscarf: The Court, following its Avocates Générales, refused to protect Women against dismissal on grounds of that garment on the basis of extensive justifications for religious discrimination, thus ignoring a pervasive exclusion on the intersection of gender and ascribed race. The article criticises all three rulings with a twofold argument. First, it is submitted that anti-discrimination law should and can recognise intersectional discrimination without losing its focus by a reconceptualization around the nodes gender, race and disability. Second, it is argued that EU anti-discrimination law can be interpreted to encompass this concept by using a purposive interpretation.
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Jen, Sarah, and Rebecca Jones. "Courage to Cobble Something New: Creative Representations of Bisexuality and Aging." Innovation in Aging 4, Supplement_1 (2020): 611. http://dx.doi.org/10.1093/geroni/igaa057.2068.
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Abstract There are few cultural representations or scripts available for LGBTQ aging. Among bisexual and otherwise non-monosexual (bi+) women, stereotypes of hypersexuality exclude older adults while the contrasting experience of invisibility obscures the existence of bi+ aging. In this discourse analysis, we examined three issues of the Bi Women Quarterly (BWQ) newsletter published between 2014-2019 which were devoted to the intersection of aging and bisexuality. Data include 42 narratives, personal reflections, interviews, poems, letters, advice columns, and photos which were analyzed to identify linguistic tools, visual imagery, and broader discourses used to construct and convey the meaning and experience of bisexual aging. Themes include: 1) lacking a “blueprint” for bisexual lives, 2) significant “turning points,” 3) intergenerational (dis)connections across history, and 4) life-long patterns of discovery and disclosure. More visible and diverse narratives for bisexual aging might better enable bi+ individuals to envision and effectively plan for their own aging futures.
Dissertations / Theses on the topic "Intersection de courant"
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Vigny, Gabriel. "Théorie du pluripotentiel et dynamique complexe." Paris 11, 2007. http://www.theses.fr/2007PA112199.
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Cette thèse a pour l'objet l'étude de problèmes de la théorie du pluripotentiel. Dans un premier travail, on construit un analogue de l'espace de Dirichlet dans le cas de l'analyse complexe à plusieurs variables. Il s'agit d'un espace de fonctions tests qui ont les bonnes propriétés d'invariance par applications holomorphes, notamment dans le cas compacte. On prouve pour cet espace que les fonctions sont définies à un ensemble pluripolaire près au sens où elles sont quasi-continues pour la capacité fonctionnelle associée et que cette capacité teste les ensembles pluripolaires. Le deuxième article traite d'inégalités d'auto-intersection sur les ensembles analytiques et même plus généralement sur les courants. On prouve pour cela qu'à un courant positif fermé de bidegré quelconque sur une variété kählérienne compacte, on peut associer un courant positif fermé de bidegré (1,1) dont la masse est contrôlée par la masse du courant et qui a les mêmes nombres de Lelong que lui (c'est-à-dire les mêmes singularités). Enfin, le dernier article traite de l'étude de la dynamique d'une famille d'applications polynomiales de \mathbb{C}^2. On s'intéresse à la dynamique près de l'infini. Plus particulièrement, on décompose le courant de Green près de l'infini selon les itinéaires entre les points d'indétermination, ce qui donne une dynamique semi-conjuguée à un sous-shift ce qui est nouveau en dynamique complexe<br>This these has for subject the study of problems in pluripotential theory. In a first paper, we consider an analoguous of the Dirichlet space in the case of complex analysis in several variables. It is a space of test functions having good properties of invariance by holomorphic maps, especially in the compact case. We prove for this space that the functions are defined up to a pluripolar set in the sense that they are quasi-continuous for the functional capacity associated to this space and this capacity tests the pluripolar sets. The second article deals with self-intersection inequlaities for analytic set anfd more generally for currents. We prove for that that for a positive closed current of any bidegree in a compact Kähler manifold, we can associate a positive closed current of bidegree (1,1) whose mass is controled by the mass of the current and which has the same Lelong numbers (i. E. The same singularities). Finally, the last article is about the study of the dynamics of a family of polynomial mappings of \mathbb{C}^2. We are intersted in the dynamics near infinity. More precisely, we have a decomposition of the Green current near infinity along the itineraries between the indeterminacy points and theirs preimages, which gives a symbolic dynamics semi-conjugated to a sub-shift which is new in complex dynamics
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Klebes, Stephan Dominikus. "At the intersection of court proceedings and arbitration in Europe: the exclusion of arbitration in the Brussels Ia Regulation." Master's thesis, University of Cape Town, 2017. http://hdl.handle.net/11427/25070.
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The exclusion of arbitration from the scope of application of the Brussels Regime on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters in the EU has a long history and is still subject to controversy. After some introductory explanations of the legal framework and relevant principles in the field of law, this minor dissertation examines chronologically all possible involvements of national courts in arbitral proceedings in order to give an overview of the (in-) applicability of the Brussels Ia Regulation to them. For this purpose, the relevant case law of the CJEU and the related legal developments beginning with the adoption of the Brussels Convention up to the entry into force of the Brussels Ia Regulation are being considered. Finally, the legal problems arising from the current state of affairs and how courts should navigate it are discussed with an emphasis on the possible enforcement constellations of contradicting judgments and awards.
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Dabbagh, Zahran. "The Discrimination in Workplaces : A Critical Discourse Analysis of the European Court of Justice Judgment about the Islamic Veil Prohibition." Thesis, Umeå universitet, Juridiska institutionen, 2017. http://urn.kb.se/resolve?urn=urn:nbn:se:umu:diva-150600.
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The issue of the Islamic headscarf has been in the centre of the political debate whether it fits into the Western culture or not. Several member-states in the European Union have issued laws and regulations that impose restrictions on wearing the Islamic headscarf in the public sphere. Even some EU courts have ruled such restrictions imposed by member-states. Recently, this issue has been discussed in the context of the occupational life. In a dispute before the European Court of Justice, the ban was considered as legitimate. In this research, I analyse the judgment from a socio-legal perspective and analyse the intersectional identity of Mrs. Achbita who is a party in the dispute, considering that she belongs to the social category of veiled working Muslim women.
Books on the topic "Intersection de courant"
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McDonald, William C. Arthur and Tristan: On the intersection of legends in German medieval literature. E. Mellen Press, 1991.
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Duxbury, Alison. Intersections between Diplomatic Immunities and the Immunities of International Organizations. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198795940.003.0017.
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This chapter examines the immunities of international organizations and the impact of the VCDR on this legal regime. While the VCDR is not directly applicable in this context, consideration of the immunities of officials of international organizations and diplomats has intersected in various contexts. These intersections are apparent during the discussions surrounding the drafting of instruments dealing with international immunities (including in the International Law Commission) and also in arguments concerning the application of such immunities in courts (for example, the Supreme Court of New York’s consideration of Strauss-Kahn’s immunity claim). This chapter explores the legal framework that applies in such cases and also analyses the differences between the two systems. Finally, it examines cases where arguments relating to the right of access to the courts, first considered in the context of the immunities of international organizations, have been applied to State and diplomatic immunity.
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McDonald, William C. Arthur and Tristan: On the Intersection of Legends in German Medieval Literature (Tristania Monographs Series ; V. 2). Edwin Mellen Press, 1992.
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Nielson, Lisa. Visibility and Performance. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190622183.003.0005.
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The chapter looks at the role of slave women as court musicians during the early Abbasid Empire and their variegated activity as entertainers, intimate companions, and symbols of status for visiting dignitaries and urban society at large. From the eighth century onward, the demand for singing girls in Abbasid cities and courts led quickly to the foundation of music centers, specialized trade in musical concubines, and the development of a complex hierarchy among court musicians organized around the intersection of musical prowess, extramusical performance, and gender. The chapter brings together social history, gender, and the development of performance tradition in the medieval Middle East.
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Caserta, Salvatore, and Mikael Rask Madsen. The Caribbean Court of Justice. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198795582.003.0007.
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This chapter analyzes the Caribbean Court of Justice (CCJ), the creation of which was regarded as the culmination of the Caribbean’s long and protracted process toward independence from its former colonizers. Formally, the CCJ was instantaneously empowered to hear cases involving Caribbean Community law (Community law). The CCJ was also empowered to replace the Judicial Committee of the Privy Council (JCPC) in London—a last court of appeal for civil and criminal cases from the Caribbean and the most visible remnant of the British Empire’s former rule. The CCJ’s unique double jurisdiction—original over Community law and appellate over other civil and criminal matters—underscores the complex sociopolitical context and transformation of which it is a part. Ultimately, the CCJ’s growing authority has increasingly made the Court the institutional intersection for the convergence of these two different paths toward establishing the Caribbean as a legally integrated regional unity.
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Clark, Tom. Judicial Review. Edited by Lee Epstein and Stefanie A. Lindquist. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780199579891.013.25.
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Judicial review is the power of a court to pass judgment on actions taken in other branches of government, most notably with respect to the constitutionality of legislation enacted by representative legislatures. It is a core feature of judicial power that is prominent in the American system and is increasingly prevalent around the world across all legal traditions. This chapter provides a brief overview of the historical origins and spread of the practice of judicial review. The chapter then reviews two streams of academic research––normative and empirical––that seek to understand the theoretical and practical implications of the practice of judicial review in a representative democracy. The chapter highlights fruitful avenues for future research at the intersection of these lines of inquiry.
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Pirelli, Gianni. Firearm Law and Policy. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190630430.003.0002.
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In this chapter, the authors provide a review of firearm-related laws (i.e., federal, state, landmark legal cases), policies (e.g., “Stand Your Ground,” background checks, child access prevention), and programs (e.g., Project ChildSafe). The mixed research related to the effectiveness of these firearm policies and laws, as well as program evaluation, is summarized. Issues related to the intersection of gun-involved violence and suicide, gun ownership, and mental illness are addressed. Moreover, gun restoration programs and firearm ownership disqualification systems are discussed, as well as the important court cases related to these complicated issues. While the media and public opinion have influenced much of the legislation related to gun ownership and gun control, the authors provide the reader with a foundational knowledge of the available empirical literature related to such.
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Yates, Jeffrey L., and Scott Boddery. Courts and Executives. Edited by Lee Epstein and Stefanie A. Lindquist. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780199579891.013.19.
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We examine existing empirical studies addressing the intersection of American courts and the Executive and explore multiple aspects of dynamics between these two primary branches of government. We assay the literature on the formal powers of the president and how courts have shaped and adjusted the legal authority and reach of the federal executive. We also investigate how presidents can influence American public policy through less direct pathways such as agenda-setting. However, one of the president’s most renowned powers is that of appointment—and we assess how presidents have helped shape the landscape of American law through the appointment of judicial actors and consider the politics of the federal judicial selection process. Finally, we address the president’s primary legal arm—the Solicitor General’s Office—and investigate the office’s influence on Supreme Court policy-making.
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Clark, Nicola. Introduction. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198784814.003.0001.
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The Introduction outlines the historiographical context for this study and introduces the Howards. It argues that we need to appreciate the importance of the Howard women, but that we can only fully understand this by placing them in their many contexts: at court as well as at home, as sisters and cousins as well as wives and mothers; and by appreciating the interaction and intersection of their full kaleidoscope of identities, as Howards, as evangelical, conservative, or otherwise in religion, as subjects of the crown, as both patronesses and petitioners. None of these categories is sufficient explanation of their role taken in isolation, and all need to be seen side by side. This highlights the ongoing need to integrate women into sixteenth-century political historiography, and also a need to nuance our understanding of the triangular relationship between elite women, the aristocratic dynasty, and the early modern state.
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Gölz, Olmo, and Cornelia Brink, eds. Gewalt und Heldentum. Ergon – ein Verlag in der Nomos Verlagsgesellschaft, 2020. http://dx.doi.org/10.5771/9783956508189.
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Heroic tales recount violence, which can be defined as a deliberate assault on the body of another against their will. The act of violence is a culmination of courage, determination, contempt for rules and the power to act; violence appears as a paradigmatic test of the individual. Violence forces those involved to position themselves in relation to it – perpetrators as well as victims, participants as well as bystanders, contemporaries as well as descendants. In this volume, three perspectives on the heroization, endurance and avoidance of violence structure different literary, historical, cultural and sociological approaches to identifying the relationship between the heroic and physical violence. An introductory essay identifies theoretical intersections between violence and heroism. With contributions by Ronald G. Asch, Cornelia Brink, Ulrich Bröckling, Olmo Gölz, Joachim Grage, Felix K. Maier, Vera Marstaller, Christoph Mauntel, Sotirios Mouzakis, Friederike Pannewick, Jan Philipp Reemtsma, Sven Reichardt and Cornel Zwierlein.
Book chapters on the topic "Intersection de courant"
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Smis, Stefaan, and Stephen Kingah. "The Court of Justice of the European Union and Other Regional Courts." In Intersecting Interregionalism. Springer Netherlands, 2013. http://dx.doi.org/10.1007/978-94-007-7566-4_9.
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Grisard, Dominique. "Law as Gendered Narratives: Criminal Court Decisions against Left-Wing Terrorists." In Intersections of Law and Culture. Palgrave Macmillan UK, 2012. http://dx.doi.org/10.1007/978-1-137-28500-3_2.
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Clark, Phil. "The International Criminal Court’s Impact on Peacebuilding in Africa." In The State of Peacebuilding in Africa. Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-46636-7_14.
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Abstract This chapter examines the International Criminal Court (ICC) and its intersections with two widespread domestic conflict resolution processes in Africa: national amnesties and peace negotiations. In doing so, it connects to two overarching scholarly and policy debates, namely the appropriateness and legality of amnesties as opposed to prosecutions for suspected perpetrators of international crimes, and the “peace versus justice” debate over whether the threat of prosecution imperils peace negotiations that involve high-level atrocity suspects. This chapter focuses on the ICC’s first two—and therefore most developed—situations in northern Uganda and the Democratic Republic of the Congo (DRC), with secondary reference to Rwanda, South Sudan, and other conflict-affected states in Africa. The chapter concludes with some lessons from the ICC’s interventions for recrafting international criminal justice in support of the wider pursuit of peace.
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Kunz, Raffaela. "Teaching the World Court Makes a Bad Case: Revisiting the Relationship Between Domestic Courts and the ICJ." In Remedies against Immunity? Springer Berlin Heidelberg, 2021. http://dx.doi.org/10.1007/978-3-662-62304-6_14.
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AbstractSentenza 238/2014 once more highlights the important role domestic courts play in international law. More than prior examples, it illustrates the ever more autonomous and self-confident stance of domestic courts on the international plane. But the ruling of the Italian Constitutional Court (ItCC) also shows that more engagement with international law does not necessarily mean that domestic courts enhance the effectiveness of international law and become ‘compliance partners’ of international courts. Sentenza 238/2014 suggests that domestic courts, in times of global governance and increased activity of international courts, see the role they play at the intersection of legal orders also as ‘gate-keepers’, ready to cushion the domestic impact of international law if deemed necessary. The judgment of the ItCC thus offers a new opportunity to examine the multifaceted and complex role of these important actors that apply and shape international law, while always remaining bound by domestic (constitutional) law. This chapter does so by exploring how domestic courts deal with rulings of the World Court. It shows that despite the fact that in numerous situations domestic courts could act as compliance partners of the International Court of Justice, in reality, more often than not, they have refused to do so, arguing that its judgments are not self-executing and thus deferring the implementation to the political branches. Assessing this practice, the chapter argues that domestic courts should take a more active stance and overcome the purely interstate view that seems at odds with present-day international law. While it seems too far-reaching to expect domestic courts to follow international courts unconditionally, the chapter cautions that there is a considerable risk of setting dangerous precedents by openly defying international judgments. Domestic courts should carefully balance the different interests at stake, namely an effective system of international adjudication on the one hand and the protection of fundamental domestic principles on the other hand. The chapter finds that the ItCC’s attempt to reintroduce clear boundaries between legal orders lacks the openness and flexibility needed to effectively cope with today’s complex and plural legal reality.
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Atrey, Shreya. "The Project." In Intersectional Discrimination. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198848950.003.0002.
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Chapter 1 inaugurates the project by setting out the current status of intersectionality in discrimination laws across jurisdictions, including the US, UK, South Africa, Canada, and India, and in the jurisprudence of the European Court of Human Rights, the Court of Justice of the European Union, and international human rights treaty bodies. Although each jurisdiction’s tryst with intersectionality has been unique, the survey concludes by pointing out the similarities between the continuing legislative and judicial struggles in redressing intersectional discrimination successfully. This prepares the stage for the current intervention. The chapter goes on to define the central argument of this work and the parameters within which it unfolds. In particular, it explains the choice of comparative jurisdictions and the wide range of materials employed in making a case for intersectional discrimination.
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Patton-Imani, Sandra. "Conclusion." In Queering Family Trees. NYU Press, 2020. http://dx.doi.org/10.18574/nyu/9781479865567.003.0010.
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I revisit my argument that legalizing same-sex marriage both provided new rights and benefits to same-sex couples and further entrenched structures of inequality grounded in patriarchy, white supremacy, and economic stratification. I explore my research questions about how same-sex marriage was legalized and what that change may mean. The short answer is: It depends on whom you ask. Intersections of race, gender, tribal affiliation, socioeconomic status, and region show how same-sex marriage affects families in different social locations. I explore the meanings of the 2015 US Supreme Court decision legalizing same-sex marriage federally through three allegories. The family-making narratives of queer mothers articulate a critique of the contemporary US system of regulating and disseminating the rights of citizenship through legal marriage. I draw on these intersectional stories to envision coalitions and intersections between and among people and families whose lives are not recognized, valued, and protected in the United States.
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Gagliani, Gabriele. "The International Court of Justice and Cultural HeritageInternational Cultural Heritage Law Through the Lens of World Court Jurisprudence?" In Intersections in International Cultural Heritage Law. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198846291.003.0010.
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The International Court of Justice, and its predecessor court, the Permanent Court of International Justice, have dealt with cultural heritage issues in a number of cases extending back over a century. Scholars’ attention to this case law appears fragmentary. This chapter intends to fill this gap and analyze the ICJ jurisprudence involving cultural heritage. Through the analysis of ICJ case law on cultural heritage and cultural heritage-related arguments resorted to by States in ICJ disputes, this chapter wishes to prove the relevance of cultural heritage issues for public international law and the key, often-underestimated role of the ICJ for international law on cultural heritage.
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"Social intersection: 1536–2011, between San Diego, Milan, Rome, Venice, Florence, and Paris." In Wings for Our Courage. University of California Press, 2019. http://dx.doi.org/10.1525/9780520950054-007.
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Stevenson, Margaret C., Bette L. Bottoms, and Kelly C. Burke. "The Legacy of Racism for Children’s Interactions with the Law." In The Legacy of Racism for Children. Oxford University Press, 2020. http://dx.doi.org/10.1093/med-psych/9780190056742.003.0001.
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Psychological research and theory are needed to understand how laws and public policies contribute to racial disparities affecting children involved in the legal system. This chapter profiles an actual case to illustrate the complex interplay of myriad problems faced by children of color, such as early poverty, child abuse, failures in public education, and racism institutionalized in the policies and laws meant to protect children. The chapter also previews the issues presented in this book, which address the intersection of race and ethnicity involved in child victimization (sex trafficking, corporal punishment, disclosure of abuse); dependency court decisions and adoptions; juvenile and criminal justice systems (parental incarceration, the school-to-prison pipeline, police–youth interactions, perceptions of victims and offenders); and immigration law and policy. Understanding the intersecting implications of psychology, public policy, and law is necessary to end the challenges facing racial minority youth in America today, ensuring equitable treatment for children of color.
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"Social intersection: 1565–1995, between Mexico City, the Mountains of Chiapas, Bologna, Friuli, and Los Angeles." In Wings for Our Courage. University of California Press, 2019. http://dx.doi.org/10.1525/9780520950054-005.
Full textConference papers on the topic "Intersection de courant"
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Arslan, Çetin. "Some Assessments and Evaluations on Current Developments in the Immigration Law." In International Conference on Eurasian Economies. Eurasian Economists Association, 2014. http://dx.doi.org/10.36880/c05.00884.
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Immigration has presented itself in every chapter of the history with regards to its social, economic, political and legal aspects. However, with special regards to the global and regional instability which has come into focus and become chronic, it has gained vital importance for almost all developed and developing countries. Mentioned issue has transformed into a specific and extraordinary situation for Turkey which is situated at the intersection of the continents, Asia and Europe. Because Turkey has not only become a transit country for irregular migration but also it has turned into – if we may say so- the focus point of this vicious circle. The legislator who is aware of this situation, has brought upon essential amendments and innovations and also has concluded international, regional and bilateral agreements. We, within the scope and size of our study, shall examine certain issues which we deem important within the context of Foreigners and International Protection Law No. 6458 dated 04.04.2013 within the light of Constitution, European Convention on Human Rights and the jurisprudence of European Court of Human Rights and shall discuss some existing and potential problems in addition to suggestions for solution.
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DuBoff, Scott M. "Alternative Financing for Enhanced Environmental Protection: The Intersection of Waste-to-Energy Technology and Solid Waste Flow Control Authority." In 17th Annual North American Waste-to-Energy Conference. ASMEDC, 2009. http://dx.doi.org/10.1115/nawtec17-2343.
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When local governments evaluate the environmental benefits and costs of alternatives for managing non-recyclable municipal solid waste, the relative costs of modern waste-to-energy (WTE) technology can be a significant stumbling block despite WTE technology’s environmental benefits. Although the preceding point is an important economic reality that has constrained WTE development in the United States, fortunately there is a highly effective means — the use of municipal solid waste “flow control” (or “facility designation”) authority — to overcome WTE’s perceived cost disadvantage. The relationship between flow control and WTE development, including significant encouragement for use of flow control as a result of the U.S. Supreme Court’s recent decision in United Haulers Association v. Oneida-Herkimer Solid Waste Management Authority, 127 S.Ct. 1786 (2007), is the focus of this paper, which will address the following topics: Policy Basis for Flow Control — Absent government intervention, management of municipal solid waste will seek the lowest cost (i.e., short-term cost) and frequently less environmentally protective alternatives. Flow control can counter the tendency to choose alternatives with lower short-term costs and at the same time facilitate implementation of the environmentally-preferable waste management alternatives a local government selects, such as WTE technology and other aspects of “integrated waste management.” Flow Control and the Courts — While the authority of a given local government to use flow control is grounded in state law, flow control also implicates matters that arise under federal law, such as Commerce Clause issues, given the possibility that solid waste regulation in one state can affect commercial interests in solid waste management in another state. Although concerns regarding claims of impact on interstate commerce prompted a negative Supreme Court response to flow control in C&A Carbone, Inc. v. Town of Clarkstown, 511 U.S. 383 (1994), the Court’s decision 13 years later in the Oneida-Herkimer case was in many ways just the opposite. WTE’s Correlation with Flow Control and Practical Guideposts — WTE development can be significantly advanced by the use of flow control. That conclusion is borne out by empirical data. The concluding portion of this paper addresses that topic as well as corollary issues, such as public-private collaboration for WTE development and other practical guideposts for implementing flow control ordinances.
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Novelli, Francesco. "Castle Garth in Newcastle (UK): processes of transformation, integration and discharge of a fortified complex in an urban context." In FORTMED2020 - Defensive Architecture of the Mediterranean. Universitat Politàcnica de València, 2020. http://dx.doi.org/10.4995/fortmed2020.2020.11548.
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Castle Garth is the name of the fortified area once enclosed within the castle walls. In the fifteenth century Newcastle became a county in its own right, however, the Garth, being within the castle walls, remained part of the County of Northumberland. The Great Hall, a building separate from the Castle Fortress (the “Keep”), which in later years became known as the “Old Moot Hall”, was used by courts that sat at regular intervals in every county of England and Wales. The Fortress then became a prison for the County and was used as such until the early nineteenth century. Beginning in the fifteenth century, unlicensed traders, taking advantage of the fact that the city authorities had no jurisdiction over the Garth area, settled there with their commercial activities. From the time of Charles II (1630-1685), the area then became famous for its tailors and shoemakers, who grew particularly abundantly on the path known as “Castle Stairs”. In 1619 the fortified complex was rented by James I to the courtier Alexander Stephenson, who allowed the civilian houses to be built inside the castle walls. After the civil war, new houses were added until, towards the end of the eighteenth century, Castle Garth had become a distinct and densely populated community, with a theater, public houses and lodgings. The main urban transformations were started in the early nineteenth century with the construction of the new Moot Hall called County Court. From 1847 to 1849 the fortified enclosure was partially compromised by further intersections with the infrastructure for the construction of the railway viaduct, thus interrupting direct access from the Castle guarding the Black Gate. Despite the development of the contemporary city has affected the preservation of the ancient fortified palimpsest, a strong consolidated link is still maintained by the sedimentation of values of material and immaterial culture. The proposed contribution intends to present this process of integration between fortified structure and city highlighting today the state of the art, the conservation, restoration and enhancement initiatives undertaken in the last forty years.