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Author: Shaunnagh Dorsett
Publisher: Routledge
ISBN: 041547163X
Category : Law
Languages : en
Pages : 162
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Book Description
Introducing one of the central topics and concerns of jurisprudence – the authorisation and authority of law - Jurisdictionaims to re-introduce and refresh jurisdictional thinking about law by addressing the ways that questions of jurisdiction still give shape to law and to legal thought. Questions of jurisdiction have been central to Western legal traditions, yet in contemporary accounts of law this is often hard to recognise. At its broadest, the question of jurisdiction engages with the fact that there is law, and with the power and authority to speak in the name of the law. Such questions encompass the authorisation and ordering of law as such, as well as determinations of authority and the administration of justice within a legal regime. Without an account of jurisdiction, this book argues, it would not be possible to articulate a position from which to speak, or speak about, the law. Jurisdiction thus examines the conceptual and institutional formation of contemporary jurisdictional techniques and procedures, and explore the ways in which the jurisdictional idiom of law remains central to a critical practice and understanding of law. Providing an original, and historically grounded, elaboration of the key themes of jurisdiction, this book offers students and scholars of law a way of thinking about the contemporary world as much in terms of law's technologies, techniques and procedures as with its ideas.
Author: Shaunnagh Dorsett
Publisher: Routledge
ISBN: 041547163X
Category : Law
Languages : en
Pages : 162
Get Book Here
Book Description
Introducing one of the central topics and concerns of jurisprudence – the authorisation and authority of law - Jurisdictionaims to re-introduce and refresh jurisdictional thinking about law by addressing the ways that questions of jurisdiction still give shape to law and to legal thought. Questions of jurisdiction have been central to Western legal traditions, yet in contemporary accounts of law this is often hard to recognise. At its broadest, the question of jurisdiction engages with the fact that there is law, and with the power and authority to speak in the name of the law. Such questions encompass the authorisation and ordering of law as such, as well as determinations of authority and the administration of justice within a legal regime. Without an account of jurisdiction, this book argues, it would not be possible to articulate a position from which to speak, or speak about, the law. Jurisdiction thus examines the conceptual and institutional formation of contemporary jurisdictional techniques and procedures, and explore the ways in which the jurisdictional idiom of law remains central to a critical practice and understanding of law. Providing an original, and historically grounded, elaboration of the key themes of jurisdiction, this book offers students and scholars of law a way of thinking about the contemporary world as much in terms of law's technologies, techniques and procedures as with its ideas.
Author: Shaun Mcveigh
Publisher: Routledge
ISBN: 1135428271
Category : Law
Languages : en
Pages : 513
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Book Description
For much of the history of the western legal order, jurisdiction has been the first question of law. This book investigates the difference that jurisdiction continues to make to the ordering of normative existence. It also follows the speculation that without an account of jurisdiction, jurisprudence would be left speechless, with no power to address the conditions of attachment to legal and political order. The starting point of this book lies with the claim that a sharper focus can be given to normative legal ordering through questions of jurisdiction than can be through those of moral responsibility or social action. This is so because jurisdiction articulates both the potentiality of law and the conditions of its exercise. It provides the idiom of response to the fact that there is law and to the fact that law institutes, judges and addresses a form of life. From this viewpoint the contributors to this book examine the institution of human rights, the new global and national orders of sovereign power and of trade and information, the judgment and government of death and desire, and the address of colonial and post-colonial legal idioms. In doing this the contributors also provide for the elaboration of questions of jurisdiction as part of the resources and repertoires of jurisprudence. This book provides a point of entry to an emergent genre of writing within doctrinal, historical and critical jurisprudence that has returned to questions of jurisdiction to think again about juridical order and change. In so doing, it also points to questions that must be asked for there to be any interdisciplinary study that addresses law.
Author: Eva Escribano
Publisher: Kluwer Law International B.V.
ISBN: 940350644X
Category : Law
Languages : en
Pages : 249
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Book Description
Jurisdiction to Tax Corporate Income Pursuant to the Presumptive Benefit Principle intends to demonstrate that the profit shifting phenomenon (i.e., the ability of companies to book their profits in jurisdictions other than those that host their economic activities) is real, severe, undesirable, and above all, the natural consequence of both the preservation of three fundamental paradigms that have historically underlain corporate income taxes and their precise legal configuration. In view of this, the book submits a number of proposals in relation to the aforementioned paradigms and in the light of the suggested “presumptive benefit principle” so as to counteract profit shifting risks and thus attain a more equitable allocation of taxing rights among States. This PhD thesis obtained the prestigious European Academic Tax Thesis Award 2018 granted by the European Commission and the European Association of Tax Law Professors. What’s in this book: This book provides a disruptive discourse on tax sovereignty in the field of corporate income taxation that endeavors to escape from long-standing tax policy tendencies and prejudices while considering the challenges posed by a globalized (and increasingly digitalized) economy. In particular, the book offers an innovative perspective on certain deep-rooted paradigms historically underlying corporate income taxation: tax treatment of related parties within a corporate group along with the arm’s-length standard; corporate tax residence standards; and definition of source for corporate income tax purposes, with a particular emphasis on the permanent establishment concept. The book explores their respective origins, supposed tax policy rationales, structural problems and interactions; ultimately showing how the way tax jurisdiction is currently defined through them inherently tends to trigger profit shifting outcomes. In view of the conclusions of the study, the author suggests the use of a new version of the traditional benefit principle (the “presumptive benefit principle”) that would contribute to address the profit shifting phenomenon while serving as a practical guideline to achieve a more equitable allocation of taxing rights among jurisdictions. Finally, the book submits a number of proposals inspired by the aforementioned guideline that aspire to strike a balance between equity, effectiveness and technical feasibility. They include a new corporate tax residence test and, most notably, a proposal on a new remote-sales permanent establishment. How this will help you: With its case study (based on the Apple group) empirically demonstrating the existence of the profit shifting phenomenon, its clearly documented exposure of the reasons why traditional corporate income tax regimes systematically give rise to these outcomes, its new tax policy guideline and its proposals for reform, this book makes a significant contribution to current tax policy discussions concerning corporate income taxation in cross-border scenarios. It will be warmly welcomed by all concerned—policymakers, scholars, practitioners—with the greatest tax policy challenges that corporate income taxation is facing in the contemporary world.
Author: Victor Tsilonis
Publisher: Springer Nature
ISBN: 3030215261
Category : Law
Languages : en
Pages : 292
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Book Description
The book provides a holistic examination of the jurisdiction of the International Criminal Court (ICC). The main focus is placed on the three pillars which form the ICC’s foundation pursuant to the Rome Statute: the preconditions to the exercise of its jurisdiction (Article 12 Rome Statute) the substantive competence, i.e. the core crimes (Article 5-8bis Rome Statute, i.e. genocide, crimes against humanity, war crimes, crime of aggression) the principle of complementarity (Article 17§1 (a) Rome Statute) The latter governs the ICC's ‘ultimate jurisdiction’, since it is not merely sufficient for a crime to be within the Court's jurisdiction (according to the substantive, geographical, personal and temporal jurisdictional criteria), but the State Party must also be unwilling or unable genuinely to carry out the investigation or prosecution. Finally yet importantly, the main ‘negative preconditions’ for the Court’s jurisdiction, i.e. immunities (Article 27 Rome Statute) and exceptions via Security Council referrals are thoroughly examined.The book is an excellent resource for scholars as well as practitioners and notably contributes to the existing literature.
Author: Erwin Chemerinsky
Publisher: Aspen Publishers
ISBN:
Category : Law
Languages : en
Pages : 840
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Book Description
Author: Nurfadzilah Yahaya
Publisher: Cornell University Press
ISBN: 1501750887
Category : Political Science
Languages : en
Pages : 328
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Book Description
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.
Author: James E. Pfander
Publisher: West Academic
ISBN: 9780314265234
Category : Law
Languages : en
Pages : 404
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Book Description
Designed for students in advanced courses and newly revised, this book explains the leading principles of federal jurisdiction. It includes such landmarks as Marbury v. Madison and Bivens v. Six Unknown Named Agents and the rules that govern original and appellate jurisdiction, justiciability and abstention, federal habeas corpus, and sovereign immunity. It discusses the enemy combatant cases, culminating in Boumediene, and recent Supreme Court decisions on such diverse issues as the Antiterrorism and Effective Death Penalty Act, federal ingredient jurisdiction, complete preemption removal, and supplemental jurisdiction. Perhaps most important, the book provides students with a sense of the argumentative possibilities available to lawyers and jurists working within the federal courts' tradition.
Author: Monique Cormier
Publisher: Cambridge University Press
ISBN: 1108499309
Category : Law
Languages : en
Pages : 273
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Book Description
The first book-length work to provide a systematic and comprehensive analysis of the ICC's jurisdiction over nationals of non-States Parties.
Author: Julia Hörnle
Publisher: Oxford University Press, USA
ISBN: 0198806922
Category : Law
Languages : en
Pages : 545
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Book Description
Jurisdiction is a fundamental concept in law, as it provides the link between a government, its territory, and its people. Data travels through the internet without concern for any borders. This book argues how and why the concept of jurisdiction needs to be adapted across public and private areas - from criminal to commercial law.
Author: Gordon L. Weil
Publisher: Rowman & Littlefield
ISBN: 1442272775
Category : Law
Languages : en
Pages : 2831
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Book Description
These three volumes contain the only collection of all substantive decisions of the U.S. Supreme Court under its original jurisdiction. This is a unique publication. Under the U.S. Constitution, the Supreme Court considers certain cases directly without taking them as an appeal from lower courts. These cases involve the United States and individual states and state against state. Cases between states may not be considered in any other court; the Supreme Court’s jurisdiction is exclusive.
