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This article aims to identify Sheikh Ahmad Khatib Al-Minangkabauwi's initial concept of Paper Money, which in the early 19th century wrote Raf'ul Iltibas. Through a qualitative approach, with critical extraction analysis, several things can be revealed related to the thoughts of Sheikh Ahmad Khatib Al-Minangkabauwi about paper money. From a careful reading of Sheikh Ahmad Khatib Al-Minangkabauwi, several significant findings can be formulated: First, in his work, Ahmad Khatib Al-Minangkabauwi applies two methods lead to his critical thinking about Paper money, namely the comparative law method and Qiyas. Second, Sheikh Ahmad Khatib believes that paper money has similarities with dinars and dirhams in several aspects, namely the function of its nominal value. It is just that the existence of these values is different. The value of paper money is politico-economic. Meanwhile, the nominal value of dirhams and dinars is intrinsic and natural. Sheikh Ahmad Khatib Al-Minangkabau's work related to Paper Money is written heavily from the perspective of fiqh. Briefly, it is challenging to describe economic assumptions from work. As a result, articles are also thicker with fiqh analysis. Sheikh Ahmad Khatib Al-Minangkabauwi's view regarding Paper Money becomes the foundation for the theory of the value of money in Islam. However, it is rarely disclosed, so that this paper can serve as the foundation of the value for money offered by scholars from Indonesia in the early 19th century. Strengthening the idea that money is not suitable as a commodity must be positioned as capital to be productive and finally becomes why trade is compelling and becomes the most practical reason for removing Zakat from it. There are not many, not even articles that attempt to reveal the concept of classical ulama from Indonesia relating to Paper Money. This article manages to identify that, and at the same time, becomes a novelty.

PurposeThe article examines Sheikh Ahmad Khatib Al-Minangkabauwi's initial concept of paper money, which in the early 20th century wrote Risala Raf'u Al-Iltibas.Design/methodology/approachThis paper uses a qualitative approach based on the critical extraction analysis that can reveal a set of concepts related to the thoughts of Sheikh Ahmad Khatib Al-Minangkabauwi on paper money.FindingsThrough an attentive reading of Sheikh Ahmad Khatib Al-Minangkabawi, the authors can formulate several significant results: First, Ahmad Khatib Al-Minangkabawi applies two methods in studying critically on paper money, namely, the comparative law method and qiyas. Second, Ahmad Khatib believes that paper money has similarities with dinars and dirhams, namely its nominal value function. It is just that the existence of these values is different. Briefly, there are set law consequences for those who used paper money in economic activities, i.e. payment ofzakāton paper money applies when used as business capital.Research limitations/implicationsSheikh Ahmad Khatib Al-Minangkabawi's work related to paper money is written heavily from the perspective offiqh. Briefly, it is challenging to describe legal reasoning from work. As a result, articles are also thicker withfiqhanalysis.Practical implicationsSheikh Ahmad Khatib Al-Minangkabawi's view regarding paper money becomes the foundation for the theory of the value of money in Islam. However, it is rarely disclosed. In this regard, this paper can serve as the foundation of the value for money offered by scholars from Indonesia in the early 20th century.Social implicationsMoney is not a commodity. Still, it must be positioned as capital to be productive. It finally becomes why trade is compelling and becomes the most practical reason for paying outzakāt.Originality/valueIt is not easy finding out articles that attempt to reveal the concept of classical ulemas or clerics from Indonesia relating to paper money. This article manages to identify that, and at the same time, becomes a novelty.

Mario Rotondi, professeur italien de droit privé et de droit commercial, pionnier du droit industriel et de la comparaison juridique, était un « juriste voyageur ». Il se situait au centre d’un réseau académique international voué à la promotion de travaux scientifiques et de réformes législatives dans le domaine du droit comparé. Le voyage est au cœur de ses innombrables initiatives. À partir de ses missions dans les universités de l’Amérique du Sud, dont ses correspondances rendent compte, la présente étude entend explorer ses liens professionnels, ses objectifs et l’impact de ses projets. Mario Rotondi was an Italian professor of law and a “travelling jurist”. He ventured into the contiguous areas of private and commercial law, engaged with the areas of industrial law and comparative law. His distinguishing feature was his academic cooperation with foreign scholars in the field of comparative law. The issue of travel is a common thread throughout his various initiatives, both academic, and of legal reform. This paper aims to cast some light on his missions to South American universities, on the goals that inspired him and on the projects that animated these goals.

The idea of international law figured centrally in Canadian legal professionals’ explanations of the First World War and its justness. Germans were described as perfidious enemies, unwilling to respect law and all too capable of egregious violations of it, whose actions posed an enormous threat to the stability and endurance of the international state system and its legal order. The war, then, was understood as a struggle to safeguard international law against the “savagery” of a world where sovereign states held no regard for lawful conduct. Based on an analysis of Canadian legal publications produced during the war, this article argues that legal attention to international law during the war not only helped to define the conflict but also set the conditions for the internationalism that developed in the postwar years. These concerns about the violation of international law continue to be urgent matters for policymakers and legal analysis today.

State registration and identity documents are often promoted as a way to lift an individual out of the condition of statelessness and begin to redress their deficit of rights. This paper looks beyond invisibility to differentiate between the types of visibility that are produced by documents and registration. Drawing on Rohingyas’ historical experiences of documentation and registration in Myanmar, it explores meanings that Rohingyas’ attach to their identity documents and asks what contributions these narratives can make to understandings of identity documents in statelessness studies. It concludes that in order to ensure the principle of ‘do no harm’, international approaches to statelessness could better factor in the lived experiences of the documented, undocumented and redocumented.

Law and popular culture is an exciting topic at the intersection of law and humanities. This booklet, the result of a Maastricht Research Based Learning project, contains five papers that reflect upon alternative perceptions of justice in popular culture. The papers deal with the law of surrogacy in soap operas, law and musicals, rights for robots in science fiction, the portrayal of law in Erin Brockovich and an inquiry into the principles of contract law in children’s cinema.

This paper considers recent domestic case law demonstrating developments of particular importance in pursuing environmental claims before the courts in England and Wales. It reflects on the evolution of mainstream human rights law, specifically the European Convention on Human Rights and the Human Rights Act in engaging with environmental claims before the courts. Further discussion focuses on the development of specifically environmental rights based regimes, in particular, the Aarhus Convention and the EU provisions that partially implement it and their application in domestic law.

Despite the current prevalence of university courses in intellectual property law, the first UK academic Chair in the subject was created only thirty years ago. To commemorate this anniversary, this article draws upon primary sources from 1956 to 1980 to reveal the extensive role of the patent profession in a prolonged process that culminated in the establishment of the Herchel Smith Chair of Intellectual Property Law and the foundation of the Centre for Commercial Law Studies at Queen Mary, University of London.

ABS proposals (alternative business structures proposals) to improve the method of delivering legal services, cannot solve the unaffordable legal services problem and could prevent the Law Society from doing so. This paper expresses the author’s opinion by developing the critically important relationships among: (1) the ABS question (whether relevant legislation and Law Society bylaws should be changed to allow law firms to adopt alternative business structures, such as being owned by non-lawyer investors to obtain needed financing); (2) the unaffordability of legal services problem that afflicts the majority of Canada’s population, and whether it should be solved first; and, (3) the conception of what a law society should be in order to fulfill its duties under s. 4.2 of the province of Ontario’s Law Society Act, which include: (a) “to maintain and advance the cause of justice and the rule of law”; (b) “to act so as to facilitate access to justice”; and, (c) “to protect the public interest.” The title of the law society in the province of Ontario is, The Law Society of Upper Canada (LSUC), named while part of the British colony of “Upper Canada” because it is further up the St. Lawrence River than is “Lower Canada,” now the province of Quebec. They ceased to be British colonies when Canada became a country on July 1, 1867, which was 70 years after LSUC became a law society in 1797.A critically important issue of the ABS question is, what is the needed concept of a law society — is it a support-service for the practice of law, and not just a regulator, i.e., to use a sports analogy, a provider of stadiums and arenas for new areas of practice, and a CPD/CLE coach and trainer, and not just a referee, and more often than not, merely a spectator watching part-time from the sidelines? Are its functions as a regulator of the legal profession and as a representative of lawyer-interests, in conflict, like trying to be the referee and the coach at the same time?And do the ABS investors and their advocates want to be the owners of the team (in fact, all of the teams), and in the game only for the profits, and to gain control of the legal services market by way of enfranchising strings of owned law firms that substitute an entrepreneurial duty to their owners, in place of the fiduciary duty to clients?

In this Issues Paper, I raise some key points relevant for any government which is considering its child protection and family welfare policy. In particular, I will raise questions about whether a form of legislative reporting duty is required, and if so, what consequences this has for child protection. The context of child maltreatment - and each form of maltreatment: physical abuse, sexual abuse, psychological or emotional abuse, and neglect - is extremely complex, and the overarching question of how to deal with these phenomena involve challenging normative, economic and practical questions. There are no easy or perfect solutions. Nor, often, is there the amount and quality of evidence available on which public policy approaches should be devised. However, from the best evidence about the history of this context, from research conducted in this field, and from the best evidence available about the nature, incidence and effects of different subtypes of maltreatment, some observations can be made which may help to inform deliberations. I outline 10 key issues related to mandatory reporting legislation while being mindful of the New Zealand context. My view, based on both research evidence and a concern to protect and promote children’s interests, and society’s interests, is that reporting laws in some form are necessary and can contribute substantially to child protection and enhancing family and community health and wellbeing. However, they are only one necessary part of a sound child protection system, being a method of tertiary and secondary prevention, and primary prevention efforts must also be prioritised. Moreover, it is essential that if a legislative reporting duty is enacted, it must be designed carefully and implemented soundly, and it must be integrated within a properly resourced child protection and family welfare system.

Isabel V. Hull's book aims to demonstrate that post-1919 writings have contributed to obscuring rather than clarifying international law's role in how World War I was fought. She develops an original and highly differentiated view on the topic. On the basis of thorough historiographical research, she analyses the belligerents' legal views put forward during the war and examines their effect on the conduct of war. The title takes up a quotation that later became a cliche about international law's role in World War I. Immediately after the German attack on Belgium, the German Chancellor Theobald von Bethmann Hollweg called the treaty guaranteeing Belgium's neutrality "a scrap of paper". This might suggest that World War I was a time of non-existence for international law, a black hole. Hull's book demonstrates how complex the legal situation predominantly was and that the course of the war was closely interlinked with legal questions and arguments. The study begins by illuminating the remarkable fact that historians of World War I pay hardly any attention to international law. Recently published research is no exception, many books not even mentioning international law in the index. Hull argues that there must be strong reasons for such ignorance. She offers a number of plausible and interlinked explanations. To many, the apocalyptic reality of almost 10 million soldiers killed seemed incompatible with any relevance of law and to suggest its complete breakdown. Sweeping post-war statements by eminent contemporaries on international law's ineptitude as a means to solve the problems of the time were another factor.

A response to the Ministry of Justice Consultation paper on 'Judicial Review: Proposals for Reform' drafted by members of the Faculty of Law's Centre for Public Law.

International Law as Operating and Normative Systems: An Overview - the Editors. International Law as Operating System. Sources of International Law: Hard and Soft Law in International Governance - K. Abbott and D. Snidal. Traditional and Modern Approaches to Customary International Law: A Reconciliation - A. Roberts. Normative Hierarchy in International Law - D. Shelton. Participants in the International Legal Process: The New Treaty Makers - J.E Alvarez. Nongovernmental Organizations and International Law - S. Charnovitz. Implementation and Compliance with International Law: Compliance with International Agreements - B. Simmons. Filling In the Gaps: Extrasystemic Mechanisms for Addressing Imbalances Between the International Legal Operating and Normative Systems - the Editors. Princeton Principles on Universal Jurisdiction - The Princeton Project. International Legal Structures: A Babel of Judicial Voices?: Ruminations from the Bench - R. Higgins. The Place of the WTO and its Law in the International Legal Order - P. Lamy. The Role of the International Criminal Court in Enforcing International Criminal Law - P. Kirsch. International Law as Normative System. To Regulate the Use of Force: 'Jus ad bellum,' 'jus in bello'...'jus post bellum'?: Rethinking the Conception of the Law of Armed Force - C. Stahn. Legal Control of International Terrorism: A Policy Oriented Assessment - M.C. Bassiouni. For the Protection of Individual Rights: The Evolving International Human Rights System - T. Buergenthal. The Responsibility to Protect: Humanitarian Concern and the Lawfulness of Armed Intervention - C.C. Joyner. For the Protection of the Environment: International Environmental Agreements: A Survey of Their Features, Formation, and Effects - R. Mitchell. Responsibility for Biological Diversity Conservation Under International Law - C. Tinker. Managing the Commons: The Territorial Temptation: A Siren Song at Sea - B. Oxman. Towards a New Regime for the Protection of Outer Space as a Province of All Mankind - D. Tan. The Future of International Law. The Yahoo Case and Conflict of Laws in the Cyberage - M. Reiman. The Future of International Law Is Domestic (or, The European Way of Law) - A-M. Slaughter and W. Burke-White.

There is broad recognition, across the political spectrum and in both 'northern' and 'southern' countries, that justice reform, and more generally the promotion of the 'rule of law', are central to development policy, particularly in conflict-affected, fragile and violent contexts. More recently an increased focus on global security and the interaction between security and development as put a renewed emphasis on such efforts. However, while legal, regulatory and 'justice' institutions are now seen as key part of the 'solution' to problems of conflict, fragility and development, this recognition is not matched by a correspondingly clear sense of what should be done, how it should be done, by whom, in what order, or how 'success' may be determined. There often tends to be a clear misunderstanding of both the nature of the problem and (thus) of the solution. In this paper, the author seek to provide some insight into these questions and sketch out a practical conception of effective justice reform in situations of conflict and fragility that may provide the basis for effective programming.

This consultation paper prepared for the Law Commission of Ontario, in association with a Working Group of private international law specialists, considers the current state of the common law in Ontario and the options for codification.