Fluid Jurisdictions

Download or read book Fluid Jurisdictions written by Nurfadzilah Yahaya and published by Cornell University Press. This book was released on 2020-09-15 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: This wide-ranging, geographically ambitious book tells the story of the Arab diaspora within the context of British and Dutch colonialism, unpacking the community's ambiguous embrace of European colonial authority in Southeast Asia. In Fluid Jurisdictions, Nurfadzilah Yahaya looks at colonial legal infrastructure and discusses how it impacted, and was impacted by, Islam and ethnicity. But more important, she follows the actors who used this framework to advance their particular interests. Yahaya explains why Arab minorities in the region helped to fuel the entrenchment of European colonial legalities: their itinerant lives made institutional records necessary. Securely stored in centralized repositories, such records could be presented as evidence in legal disputes. To ensure accountability down the line, Arab merchants valued notarial attestation land deeds, inheritance papers, and marriage certificates by recognized state officials. Colonial subjects continually played one jurisdiction against another, sometimes preferring that colonial legal authorities administer Islamic law—even against fellow Muslims. Fluid Jurisdictions draws on lively material from multiple international archives to demonstrate the interplay between colonial projections of order and their realities, Arab navigation of legally plural systems in Southeast Asia and beyond, and the fraught and deeply human struggles that played out between family, religious, contract, and commercial legal orders.

Download or read book Jurisdiction in International Law written by Cedric Ryngaert and published by . This book was released on 2015 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: This fully updated second edition of Jurisdiction in International Law examines the international law of jurisdiction, focusing on the areas of law where jurisdiction is most contentious: criminal, antitrust, securities, discovery, and international humanitarian and human rights law. Since F.A. Mann's work in the 1980s, no analytical overview has been attempted of this crucial topic in international law: prescribing the admissible geographical reach of a State's laws. This new edition includes new material on personal jurisdiction in the U.S., extraterritorial applications of human rights treaties, discussions on cyberspace, the Morrison case. Jurisdiction in International Law has been updated covering developments in sanction and tax laws, and includes further exploration on transnational tort litigation and universal civil jurisdiction. The need for such an overview has grown more pressing in recent years as the traditional framework of the law of jurisdiction, grounded in the principles of sovereignty and territoriality, has been undermined by piecemeal developments. Antitrust jurisdiction is heading in new directions, influenced by law and economics approaches; new EC rules are reshaping jurisdiction in securities law; the U.S. is arguably overreaching in the field of corporate governance law; and the universality principle has gained ground in European criminal law and U.S. tort law. Such developments have given rise to conflicts over competency that struggle to be resolved within traditional jurisdiction theory. This study proposes an innovative approach that departs from the classical solutions and advocates a general principle of international subsidiary jurisdiction. Under the new proposed rule, States would be entitled, and at times even obliged, to exercise subsidiary jurisdiction over internationally relevant situations in the interest of the international community if the State having primary jurisdiction fails to assume its responsibility.

Download or read book Emergency Response Guidebook written by U.S. Department of Transportation and published by Simon and Schuster. This book was released on 2013-06-03 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Does the identification number 60 indicate a toxic substance or a flammable solid, in the molten state at an elevated temperature? Does the identification number 1035 indicate ethane or butane? What is the difference between natural gas transmission pipelines and natural gas distribution pipelines? If you came upon an overturned truck on the highway that was leaking, would you be able to identify if it was hazardous and know what steps to take? Questions like these and more are answered in the Emergency Response Guidebook. Learn how to identify symbols for and vehicles carrying toxic, flammable, explosive, radioactive, or otherwise harmful substances and how to respond once an incident involving those substances has been identified. Always be prepared in situations that are unfamiliar and dangerous and know how to rectify them. Keeping this guide around at all times will ensure that, if you were to come upon a transportation situation involving hazardous substances or dangerous goods, you will be able to help keep others and yourself out of danger. With color-coded pages for quick and easy reference, this is the official manual used by first responders in the United States and Canada for transportation incidents involving dangerous goods or hazardous materials.

Download or read book Far from the Caliph's Gaze written by Nicholas H. A. Evans and published by Cornell University Press. This book was released on 2020-05-15 with total page 147 pages. Available in PDF, EPUB and Kindle. Book excerpt: How do you prove that you're Muslim? This is not a question that most believers ever have to ask themselves, and yet for members of India's Ahmadiyya Muslim Community, it poses an existential challenge. The Ahmadis are the minority of a minority—people for whom simply being Muslim is a challenge. They must constantly ask the question: What evidence could ever be sufficient to prove that I belong to the faith? In Far from the Caliph's Gaze Nicholas H. A. Evans explores how a need to respond to this question shapes the lives of Ahmadis in Qadian in northern India. Qadian was the birthplace of the Ahmadiyya community's founder, and it remains a location of huge spiritual importance for members of the community around the world. Nonetheless, it has been physically separated from the Ahmadis' spiritual leader—the caliph—since partition, and the believers who live there now and act as its guardians must confront daily the reality of this separation even while attempting to make their Muslimness verifiable. By exploring the centrality of this separation to the ethics of everyday life in Qadian, Far from the Caliph's Gaze presents a new model for the academic study of religious doubt, one that is not premised on a concept of belief but instead captures the richness with which people might experience problematic relationships to truth.

Download or read book Arbitrary States written by Rebecca Tapscott and published by Oxford University Press. This book was released on 2021 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, scholars have noted the rise of a particular type of authoritarianism worldwide, in which rulers manipulate institutions designed to implement the rule of law so that they instead facilitate the exercise of arbitrary power. Even as scholars puzzle over this seemingly new phenomenon, scholarship on African politics offers helpful answers. This book places literature on the post-colonial African state in conversation with literature on modern authoritarianism, using this to frame over ten months of qualitative field research on Uganda's informal security actors - including vigilante groups, local militias, and community police. Based on this research, the book presents an original framework - called 'institutionalized arbitrariness' - to explain how modern authoritarian rulers project arbitrary power even in environments of relatively functional state institutions, checks and balances and the rule of law. In regimes characterized by institutionalized arbitrariness, the state's stochastic assertions and withdrawals of power inject unpredictability into the political relationship between both local authorities and citizens. This arrangement makes it difficult for citizens to predict which authority, if any, will claim jurisdiction in a given scenario, and what rules will apply. This environment of pervasive political unpredictability limits space for collective action and political claim-making, while keeping citizens marginally engaged in the democratic process. The book is grounded in empirical research and literature theorizing the African state, while seeking to inform a broader debate about contemporary forms of authoritarianism, state-building, and state consolidation. Oxford Studies in African Politics and International Relations is a series for scholars and students working on African politics and International Relations and related disciplines. Volumes concentrate on contemporary developments in African political science, political economy, and International Relations, such as electoral politics, democratization, decentralization, gender and political representation, the political impact of natural resources, the dynamics and consequences of conflict, comparative political thought, and the nature of the continent's engagement with the East and West. Comparative and mixed methods work is particularly encouraged, as is interdisciplinary research and work that considers ethical issues relating to the study of Africa. Case studies are welcomed but should demonstrate the broader theoretical and empirical implications of the study and its wider relevance to contemporary debates. The focus of the series is on sub-Saharan Africa, although proposals that explain how the region engages with North Africa and other parts of the world are of interest. Series Editors: Nic Cheeseman, Professor of Democracy and International Development, University of Birmingham; Peace Medie, Senior Lecturer in Gender and International Politics, University of Bristol; and Ricardo Soares de Oliveira, Professor of the International Politics of Africa, University of Oxford. This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations.

Download or read book The Fluid State written by Hilary Charlesworth and published by Federation Press. This book was released on 2005 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Fluid State was cited by the High Court in Momcilovic v The Queen [2011] HCA 34 (8 September 2011)Traditional accounts of the relationship between international and national law present the interaction between the two as relatively ordered, if conflicting. This limited view of the relationship has become outmoded, as the scope of international legal regulation and the internationalised context of domestic law continue to expand. This book analyses some of the national contexts in which international law and domestic law interact and identifies the way in which attitudes to international law shift between them. Some of the questions considered are:How do perceptions of international law differ according to particular institutional vantage-points, whether that of the executive, the legislature or the judiciary? What is the impact of the perceived 'democratic deficit' in international treaty-making? What are some of the ways in which the judiciary acts as a gatekeeper between the national and international legal orders? How does national politics influence engagement with the international sphere? The contributors bring a range of different perspectives: politics, law and international relations. They include influential scholars such as Mayo Moran, Ann Capling, John Uhr, Andrew Byrnes and Janet MacLean and they discuss contemporary issues, such as the Australia-US Free Trade Agreement and the 2003 Iraq War.

Download or read book The Fight for Status and Privilege in Late Medieval and Early Modern Castile, 1465–1598 written by Michael J. Crawford and published by Penn State Press. This book was released on 2020-05-01 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Fight for Status and Privilege in Late Medieval and Early Modern Castile, 1465–1598, Michael Crawford investigates conflicts about and resistance to the status of hidalgo, conventionally understood as the lowest, most heavily populated rank in the Castilian nobility. It is generally accepted that legal privileges were based on status and class in this premodern society. Crawford presents and explains the contentious realities and limitations of such legal privileges, particularly the conventional claim of hidalgo exemption from taxation. He focuses on efforts to claim these privileges as well as opposing efforts to limit and manage them. Although historians of Spain acknowledge such conflicts, especially lawsuits associated with this status, none have focused a study on this extraordinarily widespread phenomenon. This book analyzes the inevitable contradictions inherent in negotiation for and the implementation of privilege, scrutinizing the many jurisdictions that intervened in these struggles and debates, including the crown, judiciary, city council, and financial authorities. Ultimately, this analysis imparts important insights about the nature of sixteenth-century Castilian society with wide-ranging implications about the relationship between social status and legal privileges in the early modern period as a whole.