Documents found
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1942.
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1943.More information
The adoption by the European Union of a Charter of fundamental rights will strengthen the tendency of the Court of Luxembourg to solve questions related to human rights. For certain observers, on the one hand, this jurisdiction will result in a competition between this Court and that of Strasbourg, which could only undermine their common objectives. On the other hand, the author holds a more pluralist view and believes that the coexistence of these two judicial bodies, both competent in human rights matters, will ensure increased efficiency. Further to commenting on the general structure of these courts as well as their jurisprudential evolution, the author concludes by addressing the rights guaranteed by the community order and by the European Convention, as well as by commenting the implementation of these rights ensured by the courts of Strasbourg and Luxembourg.
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1944.More information
Two very different approaches to criminal procedure are provided by the common law system and the continental or Romano-Germanic system. They meet in the new and evolving fîeld of international criminal law, where jurists from both systems endeavour to create a new model. It must contend with the contributions, and misunderstandings, that derive from such a process.
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1945.More information
This article analyses the decision of the Supreme Court of Canada in the Reference re Secession of Quebec. Specifically, the article considers the use of Public International Law sources by the Court. In this Reference Case, the Government of Canada asked, among other things, if the province of Quebec had, under International Law, the capacity to proceed with its unilateral secession from the rest of Canada. The court concluded that it could not do so according to international rules regarding the territorial integrity of nation states in the context of the peoples' right to self-determination, and the rule regarding legality of secession depending on the internal law of the “parent” state.
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1947.More information
This paper attempts to transpose the theory of state fragility to the multifaceted ecological realities that can condition the state in the performance of its regalian functions, involving the protection of human rights. To a certain extent, some States find themselves obliged, in the face of ecological/climatic phenomena, to adopt measures under positive obligations that go beyond the formalities of normative effectiveness by incorporating the pragmatic specificities inherent in environmental protection: by taking account, for example, the principles of precaution and prevention. Illustrating the hypothesis of a less extreme ecological fragility for the State, the Torres Strait case evokes mitigation and adaptation measures as positive obligations under the International Covenant on Civil and Political Rights. As an experimental laboratory for the justiciability of human rights, the Human Rights Committee used this case to address the epistemological interactions involved in achieving two objectives that are, on the whole, complementary: safeguarding human rights by protecting the climate. In this respect, it justifies human rights violations through the absence of timely and adequate adaptation and mitigation measures.
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1948.More information
This article studies heterophony in the thought and works of Karlheinz Stockhausen (1928-2007). It focuses on Stockhausen's writings and scores in the light of the theoretical work proposed by Estonian ethnomusicologist Žanna Pärtlas on heterophony. Stockhausen associates this texture with so-called “statistical” composition, which allows the composer to distribute pitches and durations randomly. This practice is illustrated in the so-called “qualitative” graphic notation and the correspondingly freer performances given by the musicians of Momente, and in the use of sound samples from traditional and non-Western music in Telemusik. Heterophony and “statistical” music can then be seen to be part of a new form of musical orality specific to the twentieth century, which, following Paul Zumthor, can be described as a “second” orality — that is, orality that developed in a context of “writing hegemony” — and “mediated” by new electronic devices.
Keywords: Karlheinz Stockhausen, hétérophonie, oralité, composition statistique, Karlheinz Stockhausen, heterophony, orality, statistical composition
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1949.
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