A 'margin of appreciation' in the internal market: Lessons from the European Court of Human Rights

Article Abstract:

The European Court of Justice and the European Court of Human Rights have used the national 'margin of appreciation' within which overlapping European and local public interests are balanced. The analysis has indicated that the idea of a judicially recognized 'margin of appreciation', where Member States and public policies come into conflict with free movement rights, play a vital role in the enlarged European Union (EU).

Europe, Government domestic functions, Interpretation and construction, Social policy, European Union, Civil law, Law overview

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International law as an interpretive force in federal Indian law

Article Abstract:

US Indian law makes it difficult for Indian tribes to exercise true sovereignty and self-determination. The insertion of international human rights law into federal Indian law could solve problems inherent in the conflict between equal protection law and the trust doctrine. The way this could work is demonstrated using the example of the relationship of the federal government with the native Hawaiians.

Trusts, Funds, Trusts, and Other Financial Vehicles, Equality before the law, Equal protection, Native Americans, Native North Americans, Trusts and trustees, Trustees, Trusts (Law), Sovereignty, Tribes

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