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Journal articles on the topic 'International and municipal law – France'

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Published: 10 March 2023
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1

Frowein, Jochen A. "International Law in Municipal Courts." Proceedings of the ASIL Annual Meeting 91 (1997): 290–95. http://dx.doi.org/10.1017/s0272503700065915.

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2

The Italian Yearbook of Internation, Editors. "Relationship Between Municipal and International Law." Italian Yearbook of International Law Online 27, no. 1 (November 14, 2018): 452–64. http://dx.doi.org/10.1163/22116133-02701026.

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3

The Italian Yearbook of Internation, Editors. "Relationship Between Municipal and International Law." Italian Yearbook of International Law Online 27, no. 1 (November 14, 2018): 495–501. http://dx.doi.org/10.1163/22116133-02701033.

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4

Staiano, Fulvia. "RELATIONSHIP BETWEEN MUNICIPAL AND INTERNATIONAL LAW." Italian Yearbook of International Law Online 26, no. 1 (October 11, 2017): 556–62. http://dx.doi.org/10.1163/22116133-90000181a.

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5

Lampo, Giuliana. "Relationship between Municipal and International Law." Italian Yearbook of International Law Online 28, no. 1 (October 18, 2019): 488–92. http://dx.doi.org/10.1163/22116133_02801031.

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6

Mola, Lorenza. "Relationship between Municipal and International Law." Italian Yearbook of International Law Online 28, no. 1 (October 18, 2019): 493–99. http://dx.doi.org/10.1163/22116133_02801032.

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7

Collier, J. G. "Municipal Law and International Law Tangle Once More." Cambridge Law Journal 54, no. 1 (March 1995): 7–9. http://dx.doi.org/10.1017/s0008197300083008.

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8

Rautenbach, Christa. "Editorial." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 17, no. 4 (April 24, 2017): 1. http://dx.doi.org/10.17159/1727-3781/2014/v17i4a2298.

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This edition consists of 15 contributions – 12 articles and three case notes. In the first article, Janke Strydom and Sue-Mari Viljoen discuss the phenomenon where inner-city buildings in South Africa are unlawfully occupied, which has led to a number of legal disputes between occupiers and individual landowners. They propose measures analogous to those in England and the Netherlands to be added to the existing statutory powers of the local authorities to assist in resolving the disputes. Second, Tapiwa Warikandwa and Patrick Osode deal with the challenges the WTOs is faced with in balancing the rights of a sovereign power to freely regulate matters pertaining to health or the environment within its domestic domain with the need to maintain the sanctity of the multilateral trade order. Third, Andra le Roux-Kemp and Elsie Burger give a comparative perspective on some of the issues associated with litigating cases where the Shaken Baby Syndrome is the subject matter. Their focus is on the case law in the United States and United Kingdom. Fourth, Fatima Osman deals with the thorny issue of headscarves in South Africa, France, Turkey and Switzerland. She focuses on the reasons for the ban against their wearing and asks if the ban can be justified in the light of the human rights guaranteed to those individuals wanting to wear them. Fifth, Geo Quinot and SP (Fanus) van Tonder argue in favour of capstone courses to address some of the challenges facing legal education in general and the inadequacies of the LLB curriculum. Rolien Roos, in the sixth article, sets out to determine whether law can be regarded as a science which could be studied. She refers to the scholarly works of philosophers such as Dooyeweerd, Stafleu and Strauss and comes to the conclusion that the answer is all but straight forward. In the seventh article, Caiphas Soyapi considers the highly controversial provisions of the Traditional Courts Bill in a comparative context and recommends that the framers of the Bill should consider the situation in other jurisdictions in order to deal with some of the issues with the Bill. In the eight spot, Gerrit Ferreira and Anél Ferreira-Snyman examine the dichotomy that is created between the monist and dualist approach followed by the incorporation of international law into municipal law in the light of decisions of the South African Constitutional Court and the European Court of Justice. In the ninth article, Magda Slabbert and Darren Boome investigate the prospects of a convicted criminal who wants to become a lawyer, and in the tenth article Raheel Ahmed considers the role of “contributory intent” as a defence limiting delictual liability. In the second-last article Kananelo Mosito sets out to provide the reader with an understanding of the legal situation in Lesotho pertaining to social security and protection. Last but not least, Tamara Cohen and Lehlohonolo Matee give a comparative overview of the public servants’ right to strike in Lesotho, Botswana and South Africa.The first case note is by Tracy-Lynn Humby, who deals with the question of whether or not municipalities have the power to legislate on environmental issues such as biodiversity and conservation, as examined in the case of Le Sueur v Ethekwini Municipality in the KwaZulu-Natal High Court. The second note, by Johan Beukes and Christiaan Swart, discusses the case of Peel v Hamon J&C Engineering (Pty) Ltd, which deals with the remedy provided for in section 163 of the Companies Act (the oppression remedy). The last note is by Helen Kruuse and Julia Sloth-Nielsen, and debates the implications of Mayelane v Ngwenyama
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9

Stephan, P. B. "International investment law and municipal law: substitutes or complements?" Capital Markets Law Journal 9, no. 4 (September 11, 2014): 354–72. http://dx.doi.org/10.1093/cmlj/kmu028.

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10

CATALDI, GIUSEPPE. "XVIII. RELATIONSHIP BETWEEN MUNICIPAL AND INTERNATIONAL LAW." Italian Yearbook of International Law Online 13, no. 1 (2003): 259–63. http://dx.doi.org/10.1163/221161303x00209.

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11

Terrasi, Alfredo. "XVII. RELATIONSHIP BETWEEN MUNICIPAL AND INTERNATIONAL LAW." Italian Yearbook of International Law Online 25, no. 1 (October 18, 2016): 536–43. http://dx.doi.org/10.1163/22116133-90000130a.

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12

ANDREONE, GEMMA. "XVIII. RELATIONSHIP BETWEEN MUNICIPAL AND INTERNATIONAL LAW." Italian Yearbook of International Law Online 9, no. 1 (1999): 188–91. http://dx.doi.org/10.1163/221161399x00178.

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13

Smuclerova, Martina. "International Law and Cyberoperations." International Journal of Cyber Warfare and Terrorism 11, no. 4 (October 2021): 1–20. http://dx.doi.org/10.4018/ijcwt.2021100101.

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Foreign cyberattacks and interferences are becoming more frequent and sophisticated. In the continued absence of a general consensus regarding the applicability of concrete international legal rules in the domain of cybersecurity, individual States are beginning to determine unilaterally their national positions. The article introduces and critically assesses the national strategy of France published in late 2019 in light of current international law and further developments in 2020. France confirms the validity of current international legal norms and raises challenging and innovative legal points for an efficient update such as the right to respond to any unlawful cyberoperation that targets France, right to preemptive self-defence, and violation of the due diligence principle. The mission of the article is to evaluate the document as an important source of impetus and the potential of its impact in international law of cybersecurity.
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14

Ferreira, Gerrit, and Anel Ferreira-Snyman. "The Incorporation of Public International Law into Municipal Law and Regional Law against the Background of the Dichotomy between Monism and Dualism." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 17, no. 4 (April 11, 2017): 1496. http://dx.doi.org/10.17159/1727-3781/2014/v17i4a2171.

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Monism and dualism represent two different approaches towards the relationship between public international law and municipal law. While the former views public international law and municipal law as a single legal system, the latter regards these two areas of law as separate and distinct legal systems that exist alongside each other. However, not all legal systems are clearly either monist or dualist. The dichotomy between monism and dualism no longer only concerns the relationship between public international law and municipal law, but also increasingly affects the relationship between public international law and regional law. This contribution discusses the application of the monist and dualist approaches by the South African Constitutional Court in the Glenister case and the European Court of Justice in the Kadi and Hungary cases in order to illustrate the practical application of the dichotomy between monism and dualism in a municipal system and on a regional level.
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15

Alvik, Ivar. "Concessions in International Law." Nordic Journal of International Law 91, no. 4 (December 5, 2022): 568–94. http://dx.doi.org/10.1163/15718107-91040003.

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Abstract The article examines the extent to which concessionary rights are protected under three different branches of international law; traditional customary law, the case law of the European Court of Human Rights, and arbitral practice under investment treaties. It reveals clear similarities with respect to when such rights are considered protected. However, it simultaneously argues that case law under investment treaties tends to adopt a less nuanced approach to the nature of such rights, almost invariably assuming them to constitute a kind of property. This again entails that the investor/concessionaire is seen to have a right to performance, and in effect to protection of his expectation interest. The article shows how this stands in contrast with a more nuanced perspective under the property provision of the echr, which better reflects the complexities of the issue under municipal law. While a failure to sufficiently respect an investor’s legitimate expectations may entail liability for the state, it is not necessarily comparable to expropriation of property and will usually entail only that the investor has a right to recover his reliance loss. The article argues that this may be reflective of a more general tendency in international investment law and arbitration also pointed to by others, where the modality of protection under investment treaties threatens to distort important nuances and concerns and overprotect foreign investment compared to other private rights and interests under municipal law.
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16

Alizamini, Yaser Esmaeilpour. "Concept of Nationality under Municipal Law and International Law-Various Dimensions." International Journal of Social and Economic Research 4, no. 2 (2014): 187. http://dx.doi.org/10.5958/2249-6270.2014.00495.4.

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17

Sik, Ko Swan. "Netherlands municipal legislation involving questions of public international law." Netherlands Yearbook of International Law 17 (December 1986): 237. http://dx.doi.org/10.1017/s0167676800001616.

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18

Sik, Ko Swan, and P. C. Tange. "Netherlands municipal legislation involving questions of public international law." Netherlands Yearbook of International Law 18 (December 1987): 345. http://dx.doi.org/10.1017/s0167676800001744.

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19

Sik, Ko Swan, and P. C. Tange. "Netherlands municipal legislation involving questions of public international law." Netherlands Yearbook of International Law 19 (December 1988): 423. http://dx.doi.org/10.1017/s0167676800001860.

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20

Sik, Ko Swan. "Netherlands municipal legislation involving questions of public international law." Netherlands Yearbook of International Law 16 (December 1985): 451. http://dx.doi.org/10.1017/s0167676800003561.

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21

Kirby, Michael. "The common law and international law – a dynamic contemporary dialogue." Legal Studies 30, no. 1 (March 2010): 30–60. http://dx.doi.org/10.1111/j.1748-121x.2009.00138.x.

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International law, as expressed in treaties and in customary law, is of growing importance in municipal jurisdictions throughout the world. Some barriers to the use of international law in national courts are identified. Occasionally, they include scepticism and even hostility about this body of law. However, the past 60 years have witnessed a remarkable change in judicial attitudes in final courts in most Commonwealth countries.In the UK, the impact of Europe has helped create an ‘incoming tide’. In South Africa, India and Canada, constitutional provisions have stimulated the change. New Zealand is now affected by its Bill of Rights Act. But, in Australia, none of these forces was available and decisional authority adhered for decades to strict dualism.The changing pace of utilisation of international law in the UK and Australia are described. In the UK, the Human Rights Act 1998 now consolidates a trend already happening in the courts. In Australia, the Mabo decision in 1992 effectively endorsed the Bangalore Principles on the municipal application of international human rights norms. This paper describes the contrasting case-law. In the foregoing countries, it concludes with a response to criticisms of judicial utilisation of international law and a suggestion of the proper jurisprudential basis that can be identified to sustain a judicial process that is now well advanced in the countries surveyed.
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22

Martin, Pierre. "Existe-t-il en France un cycle électoral municipal ?" Revue française de science politique 46, no. 6 (1996): 961–95. http://dx.doi.org/10.3406/rfsp.1996.395117.

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23

Payre, Renaud. "The Science that Never Was: ‘Communal Science’ in France, 1913–1949." Contemporary European History 11, no. 4 (October 28, 2002): 529–47. http://dx.doi.org/10.1017/s0960777302004022.

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Attempts to develop a ‘municipal science’ bear witness to the challenges posed by the city to methods of government in the first decades of the twentieth century, particularly in France. Both in France and on the international scene, reformers sought new ways of thinking ‘scientifically’ about towns and their government. This article takes a serious look at ‘municipal science’, a fragile development which was never fully accepted in academic circles. It studies the endeavours to provide a scientific clothing for the reforming discourse developed by associations of town councillors and disseminated by teaching institutions or journals devoted to municipal administration. It also examines the contribution made by this crusade – at once political and scientific – to the renewal of public action through local authorities.
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24

Chopin, Frédérique. "France / France." Revue internationale de droit pénal 74, no. 1 (2003): 215. http://dx.doi.org/10.3917/ridp.741.0215.

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25

Kwiatkowski, Paweł. "Soft Law in International Governance." Przegląd Prawniczy Uniwersytetu im. Adama Mickiewicza 7 (December 15, 2017): 93–103. http://dx.doi.org/10.14746/ppuam.2017.7.06.

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The purpose of the article is to assess how the provisions resulting from international programmatic norms in the field of human genetic data are implemented. The presented study, adopting the perspective of institutional rationalism extended to the paradigm of legalism, considers examples of the implementation of these standards in selected legal systems – Germany, the United States of America and France. The selection of the research paradigm is preceded by a theoretical introduction, which presents three ways of conceptualizing the notion of soft law in the legal sciences. Following an outline of this legal regime in positivism, and the theories of rationalization and constructivism, the author focuses on the provisions of the International Declaration on Human Genetic Data of 16 October, 2003, which are compared with the legislative initiatives of Germany, the United States of America and France, to show the influence that the choices of states has on selection of the implemented standards and how they are implemented.
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26

Hoffman, István, and János Fazekas. "The Nature of the “Quasi” – Municipal Policing in Hungary with International and Historical Outlook." Lex localis - Journal of Local Self-Government 15, no. 3 (June 28, 2017): 541–58. http://dx.doi.org/10.4335/15.3.541-558(2017).

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The article reviews the legal status, the organisation and the tasks of Hungarian municipal policing, and the transformation of this system. Firstly, theoretical and international backgrounds of the topic are shown. Secondly, the article presents the changing roles of Hungarian municipal policing. Here, a tendency of nationalisation can be observed, but from the 1980s the framework of the municipal policing has evolved. Thirdly, the mixed nature of the Hungarian municipal policing is analysed which system can be characterise as a “quasi police” system because of the similarities and differences of the municipal and state police authorities.
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27

Labin, D. K., and T. Potier. "Keeping international law international, a reflection on Anthea Roberts’ “is international law international?”." Moscow Journal of International Law, no. 4 (March 23, 2020): 6–17. http://dx.doi.org/10.24833/0869-0049-2019-4-6-17.

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INTRODUCTION. Occasionally a book appears which has a significant impact on the scholarly community. A fine example of this is the work considered here by the Australian international lawyer, Anthea Roberts. Until very recently, comparative studies on international law were rare. However, as international law further develops and widens, so special attention will need to be paid to ensure that international law students are, to a greater extent, taught the same material and in the same way. As municipal systems of law became more mature, so doctrine and jurisprudence began to diverge. International law has now entered such a phase in its development and, in this excellent book, Dr. Roberts asks a series of very important questions: exactly what is taking place, what are the factors that are driving these processes, is such to be welcomed, is it unstoppable and where do we go from here?MATERIALS AND METHODS. The article reflects on Anthea Roberts’ book “Is International Law International?” (Oxford, Oxford University Press, 2017). The authors of the article consider the contribution of the monograph to legal science, particularly with its interest in a revived Comparative International Law.RESEARCH RESULTS. The view of the authors of the article is that Anthea Roberts’ book is a work of profound significance, which will, hopefully, inspire additional research in the field of Comparative International Law in years to come.DISCUSSION AND CONCLUSIONS. Comparative International Law is a relatively neglected field in International Law. Without question, the international legal academy (from the elite law schools of the permanent members of the United Nations Security Council) emphasises different things both in its scholarly writings and pedagogy. This needs to be given greater attention, even if, at least for now, it cannot be entirely arrested; so that the much-feared fragmentation of international law into not only separate fields and standards, but also in terms of agreeing on its content and application, is minimised.
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28

Tange, P. C. "Netherlands municipal legislation involving questions of public international law, 1992." Netherlands Yearbook of International Law 24 (December 1993): 327. http://dx.doi.org/10.1017/s016767680000009x.

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29

Tange, P. C. "Netherlands municipal legislation involving questions of public international law, 1993." Netherlands Yearbook of International Law 25 (December 1994): 499. http://dx.doi.org/10.1017/s0167676800000295.

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30

Tange, P. C. "Netherlands municipal legislation involving questions of public international law, 1994." Netherlands Yearbook of International Law 26 (December 1995): 311. http://dx.doi.org/10.1017/s0167676800000428.

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31

Barnhoorn, L. A. N. M. "Netherlands municipal legislation involving questions of public international law, 1995." Netherlands Yearbook of International Law 27 (December 1996): 297. http://dx.doi.org/10.1017/s0167676800000568.

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32

Barnhoorn, L. A. N. M. "Netherlands municipal legislation involving questions of public international law, 1996." Netherlands Yearbook of International Law 28 (December 1997): 305. http://dx.doi.org/10.1017/s0167676800000696.

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33

Tange, P. C. "Netherlands municipal legislation involving questions of public international law, 1997." Netherlands Yearbook of International Law 29 (December 1998): 229. http://dx.doi.org/10.1017/s0167676800000829.

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34

Tange, P. C. "Netherlands municipal legislation involving questions of public international law, 1998." Netherlands Yearbook of International Law 30 (December 1999): 269. http://dx.doi.org/10.1017/s0167676800000957.

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35

Tange, P. C. "Netherlands municipal legislation involving questions of public international law, 1999." Netherlands Yearbook of International Law 31 (December 2000): 245. http://dx.doi.org/10.1017/s0167676800001082.

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36

Tange, P. C. "Netherlands municipal legislation involving questions of public international law, 2000." Netherlands Yearbook of International Law 32 (December 2001): 225. http://dx.doi.org/10.1017/s0167676800001227.

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37

Tange, P. C. "Netherlands municipal legislation involving questions of public international law, 2001." Netherlands Yearbook of International Law 33 (December 2002): 311. http://dx.doi.org/10.1017/s0167676800001367.

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38

Tange, P. C. "Netherlands municipal legislation involving questions of public international law, 2002." Netherlands Yearbook of International Law 34 (December 2003): 333. http://dx.doi.org/10.1017/s0167676800001495.

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39

Tange, P. C. "Netherlands municipal legislation involving questions of public international law, 1988." Netherlands Yearbook of International Law 20 (December 1989): 273. http://dx.doi.org/10.1017/s0167676800001999.

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40

Tange, P. C. "Netherlands municipal legislation involving questions of public international law, 1989." Netherlands Yearbook of International Law 21 (December 1990): 353. http://dx.doi.org/10.1017/s0167676800002129.

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41

Tange, P. C. "Netherlands municipal legislation involving questions of public international law, 1991." Netherlands Yearbook of International Law 23 (December 1992): 427. http://dx.doi.org/10.1017/s0167676800002269.

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42

Tange, P. C. "Netherlands municipal legislation involving questions of public international law, 1990." Netherlands Yearbook of International Law 22 (December 1991): 369. http://dx.doi.org/10.1017/s0167676800002397.

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43

Tange, P. C. "Netherlands municipal legislation involving questions of public international law, 2003." Netherlands Yearbook of International Law 35, no. -1 (October 21, 2005): 423. http://dx.doi.org/10.1017/s0167676804004234.

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44

Tange, P. C. "Netherlands municipal legislation involving questions of public international law, 2004." Netherlands Yearbook of International Law 36 (December 2005): 413. http://dx.doi.org/10.1017/s0167676805004137.

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45

Tange, P. C. "NETHERLANDS MUNICIPAL LEGISLATION INVOLVING QUESTIONS OF PUBLIC INTERNATIONAL LAW, 2007." Netherlands Yearbook of International Law 39 (December 2008): 361. http://dx.doi.org/10.1017/s0167676808003619.

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46

Tange, P. C. "NETHERLANDS MUNICIPAL LEGISLATION INVOLVING QUESTIONS OF PUBLIC INTERNATIONAL LAW, 2008." Netherlands Yearbook of International Law 40 (December 2009): 389–95. http://dx.doi.org/10.1017/s0167676809000087.

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47

/, Alfred Michael. "Nationality and Obligations of Loyalty in International and Municipal Law." Australian Year Book of International Law Online 24, no. 1 (2005): 37–63. http://dx.doi.org/10.1163/26660229-024-01-900000005.

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48

Spanish Yearbook of International L, Editors. "Spanish Municipal Legislation Concerning Matters of Public International Law, 2003." Spanish Yearbook of International Law Online 9, no. 1 (2003): 223–38. http://dx.doi.org/10.1163/221161203x00075.

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49

Spanish Yearbook of International Law, Editors. "Spanish Municipal Legislation Concerning Matters of Public International Law, 2004." Spanish Yearbook of International Law Online 10, no. 1 (January 1, 2004): 287–97. http://dx.doi.org/10.1163/221161204x00083.

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50

Spanish Yearbook of International Law, Editors. "Spanish Municipal Legislation Concerning Matters of Public International Law, 2005." Spanish Yearbook of International Law Online 11, no. 1 (January 1, 2005): 229–44. http://dx.doi.org/10.1163/221161205x00073.

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