General Principles Of Law
DOWNLOAD
Download General Principles Of Law PDF/ePub or read online books in Mobi eBooks. Click Download or Read Online button to get General Principles Of Law book now. This website allows unlimited access to, at the time of writing, more than 1.5 million titles, including hundreds of thousands of titles in various foreign languages. If the content not found or just blank you must refresh this page
General Principles Of Law The Role Of The Judiciary
DOWNLOAD
Author : Laura Pineschi
language : en
Publisher: Springer
Release Date : 2015-06-22
General Principles Of Law The Role Of The Judiciary written by Laura Pineschi and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-06-22 with Law categories.
This book examines the role played by domestic and international judges in the “flexibilization” of legal systems through general principles. It features revised papers that were presented at the Annual Conference of the European-American Consortium for Legal Education, held at the University of Parma, Italy, May 2014. This volume is organized in four sections, where the topic is mainly explored from a comparative perspective, and includes case studies. The first section covers theoretical issues. It offers an analysis of principles in shaping Dworkin’s theories about international law, a reflection on the role of procedural principles in defining the role of the judiciary, a view on the role of general principles in transnational judicial communication, a study on the recognition of international law from formal criteria to substantive principles, and an inquiry from the viewpoint of neo-constitutionalism. The second section contains studies on the role of general principles in selected legal systems, including International Law, European Union Law as well as Common Law systems. The third section features an analysis of select legal principles in a comparative perspective, with a particular focus on the comparison between European and American experiences. The fourth and last section explores selected principles in given areas of law, including the misuse of the lex specialis principle in the relationship between international human rights law and international humanitarian law, the role of the judiciary in Poland as regards discrimination for sexual orientation, and the impact of the ECtHR case law on Italian criminal law with regard to the principle of legality. Overall, the book offers readers a thoughtful reflection on how the interpretation, application, and development of general principles of law by the judiciary contribute to the evolution of legal systems at both the domestic and international levels as well as further their reciprocal interactions.
General Principles For Business And Human Rights In International Law
DOWNLOAD
Author : Ludovica Chiussi Curzi
language : en
Publisher: BRILL
Release Date : 2020-10-26
General Principles For Business And Human Rights In International Law written by Ludovica Chiussi Curzi and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-10-26 with Law categories.
In General Principles for Business and Human Rights in International Law Ludovica Chiussi Curzi offers an overview of the relevance of general principles of law in the multifaceted discourse on business and human rights. What are the implications of the state duty to protect human rights in good faith and to guarantee victims of corporate human rights violations access to justice? Can general principles of law, such as abuse of rights, due diligence, and estoppel provide a source of obligations for companies that is relevant to human rights protection? Has an autonomous principle on corporate liability developed in international law? These are the questions at the core of this monograph, which seeks the answers in the normative foundations of public international law.
General Principles And The Coherence Of International Law
DOWNLOAD
Author : Mads Andenas
language : en
Publisher: BRILL
Release Date : 2019-05-20
General Principles And The Coherence Of International Law written by Mads Andenas and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-20 with Law categories.
General Principles and the Coherence of International Lawprovides a collection of intellectually stimulating contributions from leading international lawyers to the discourse on the role of general principles in international law. Offering a comprehensive analysis of the doctrines, practices, and debates on general principles of law, the volume assesses their role in safeguarding the coherence of the international legal system. This important book addresses the relationship between principles of law and the other sources of international law, explores the interplay between principles of law and domestic and regional legal systems and the role of principles of law with regard to three specific regimes of international law: investment law, human rights law and environmental law.
The Sources Of International Law
DOWNLOAD
Author : Hugh Thirlway
language : en
Publisher: Oxford University Press, USA
Release Date : 2014-02
The Sources Of International Law written by Hugh Thirlway and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-02 with Law categories.
Because of its unique nature, the sources of international law are not always easy to identify and interpret. This book provides an ideal introduction to these sources for anyone needing to better understand where international law comes from. As well as looking at treaties and custom, the book will look at more modern and controversial sources.
General Principles Of Law In The Decisions Of International Criminal Courts And Tribunals
DOWNLOAD
Author : Fabián Raimondo
language : en
Publisher: BRILL
Release Date : 2008-11-30
General Principles Of Law In The Decisions Of International Criminal Courts And Tribunals written by Fabián Raimondo and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-11-30 with Law categories.
International lawyers usually disregard the vital functions that general principles of law may play in the decisions of international courts and tribunals. As far as international criminal law is concerned, general principles of law may be crucial to the outcome of an international trial, inter alia because the conviction of an accused in respect of a particular charge may depend on the existence of a given defence under this source. This volume examines the role that general principles of law have played in the decisions of international criminal courts and tribunals. In particular, it analyses their alleged ‘subsidiary’ nature, their process of determination, and their transposition from national legal systems into international law. It concludes that general principles of law have played a significant role in the decisions of international criminal courts and tribunals, not only by filling legal gaps, but also by being a fundamental means for the interpretation of legal rules and the enhancement of legal reasoning.
General Principles Of Law And International Investment Arbitration
DOWNLOAD
Author : Andrea Gattini
language : en
Publisher: BRILL
Release Date : 2018-05-29
General Principles Of Law And International Investment Arbitration written by Andrea Gattini and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-05-29 with Law categories.
General Principles of Law in Investment Arbitration surveys the function of general principles in the field of international investment law, particularly in investment arbitration. The authors’ analysis provides a representative case study of how this informal source operates alongside and in the absence of other sources of applicable law. The contributions are divided into two parts, devoted respectively to substantive principles and procedural ones. The principles discussed in the book are selected for their currency in the practice, their contested nature and their relevance.
Research Handbook On General Principles In Eu Law
DOWNLOAD
Author : Ziegler, Katja S.
language : en
Publisher: Edward Elgar Publishing
Release Date : 2022-04-22
Research Handbook On General Principles In Eu Law written by Ziegler, Katja S. and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-04-22 with Political Science categories.
This Research Handbook offers a comprehensive study of existing and emerging general principles of EU law by scholars from a wide range of expertise in EU law, international law, legal theory and different areas of substantive law. It explores the theory, content, role and function of general principles in EU law to better understand general principles as a mechanism for the substantive openness of the EU legal order as well as for cross-fertilization and coherence of legal orders. Their potential as a tool to manage the interaction of legal regimes and orders is a particular focal point and will make this Handbook a must-read for scholars of EU Law.
General Principles Of Eu Civil Law
DOWNLOAD
Author : Norbert Reich
language : en
Publisher: Intersentia Uitgevers N V
Release Date : 2013
General Principles Of Eu Civil Law written by Norbert Reich and has been published by Intersentia Uitgevers N V this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Law categories.
This study focuses on a rapidly developing, but still highly controversial, area of EU law: the emergence of general principles with constitutional relevance for EU civil law guiding its interpretation, gap filling, and legality control. The book brings to light seven principles in the case law of the Court of Justice of the European Union and in the Charter of Fundamental Rights. Principles 1, 2, and 3 on framed autonomy, protection of the weaker party, and non-discrimination are now part of substantive EU law, mainly contract law. Principle 4 on effectiveness, together with the principle of equivalence, is an "old acquaintance" of EU law and has mostly to do with procedures, but can also be extended to cover substantive and remedial matters. Principles 5 and 6 on balancing and proportionality are primarily concerned with methodological questions: the first has to do with judicial interpretation and application of EU civil law, the second with legal-political questions on the future of a (questionable) codified or optional EU civil law, in particular sales law. Finally, Principle 7 on good faith is still an emerging principle, but is gradually gaining importance. This book will allow the reader to understand and to assess the current evolution of EU civil law, in days where its autonomous character is increasingly recognized in the case law of the Court, and where the Charter is having a growing impact on its constitutional foundations.
General Principles Of European Private International Law
DOWNLOAD
Author : Stefan Leible
language : en
Publisher: Kluwer Law International
Release Date : 2016
General Principles Of European Private International Law written by Stefan Leible and has been published by Kluwer Law International this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Conflict of laws categories.
Because of the rapid increase in the number of legal instruments of the European Union on conflict of laws, European private international law is in danger of becoming incoherent. Here, 20 scholars address whether a set of overarching rules is required and whether an EU regulation is the adequate legal instrument for such a purpose.
General Principles As A Source Of International Law
DOWNLOAD
Author : Imogen Saunders
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-02-25
General Principles As A Source Of International Law written by Imogen Saunders and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-25 with Law categories.
A framework for analysing general principles -- History of Article 38(1)(c) -- Consideration of Article 38(1)(c) by the PCIJ -- Development of Article 38(1)(c) : 1945-91 -- Development of Article 38(1)(c) by the ICJ : 1992-2019 -- General principles in other courts and tribunals -- Commentary in context -- Global general principles -- A model of general principles.