General Principles Of Law And International Due Process
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General Principles For Business And Human Rights In International Law
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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 Of Law And International Due Process
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Author : Charles T. Kotuby
language : en
Publisher: Oxford University Press
Release Date : 2017
General Principles Of Law And International Due Process written by Charles T. Kotuby and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Law categories.
Article 38 of the Statute of the International Court of Justice defines "international law" to include not only "custom" and "convention" between States but also "the general principles of law recognized by civilized nations" within their municipal legal systems. In 1953, Bin Cheng wrote his seminal book on general principles, identifying core legal principles common to various domestic legal systems across the globe. This monograph summarizes and analyzes the general principles of law and norms of international due process, with a particular focus on developments since Cheng's writing. The aim is to collect and distill these principles and norms in a single volume as a practical resource for international law jurists, advocates, and scholars. The information contained in this book holds considerable importance given the growth of inter-state intercourse resulting in the increased use of general principles over the past 60 years. General principles can serve as rules of decision, whether in interpreting a treaty or contract, determining causation, or ascertaining unjust enrichment. They also include a core set of procedural requirements that should be followed in any adjudicative system, such as the right to impartiality and the prohibition on fraud. Although the general principles are, by definition, basic and even rudimentary, they hold vital importance for the rule of law in international relations. They are meant not to define a rule of law, but rather the rule of law.
Judicial Acts And Investment Treaty Arbitration
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Author : Berk Demirkol
language : en
Publisher: Cambridge University Press
Release Date : 2018-01-11
Judicial Acts And Investment Treaty Arbitration written by Berk Demirkol and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-01-11 with Law categories.
A study of state responsibility for acts committed in the course of different stages of adjudicatory process.
General Principles Of Law And International Due Process
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Author : Charles T. Kotuby
language : en
Publisher:
Release Date : 2017
General Principles Of Law And International Due Process written by Charles T. Kotuby and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Due process of law categories.
Article 38 of the Statute of the International Court of Justice defines ""international law"" to include not only ""custom"" and ""convention"" between States but also ""the general principles of law recognized by civilized nations"" within their municipal legal systems. In 1953, Bin Cheng wrote his seminal book on general principles, identifying core legal principles common to various domestic legal systems across the globe. This monograph summarizes and analyzes the general principles of law and norms of international due process, with a particular focus on developments since Cheng's writing.
State Immunity In International Law
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Author : Xiaodong Yang
language : en
Publisher: Cambridge University Press
Release Date : 2012-09-27
State Immunity In International Law written by Xiaodong Yang and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-09-27 with Law categories.
Xiaodong Yang examines the issue of jurisdictional immunities of States and their property in foreign domestic courts.
General Principles Of Law The Role Of The Judiciary
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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.
Core Concepts In Criminal Law And Criminal Justice
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Author : Kai Ambos
language : en
Publisher: Cambridge University Press
Release Date : 2020-01-16
Core Concepts In Criminal Law And Criminal Justice written by Kai Ambos and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-01-16 with Law categories.
A comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law.
General Principles Of Law In The Decisions Of International Criminal Courts And Tribunals
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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 And The Coherence Of International Law
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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.
Contract Interpretation In Investment Treaty Arbitration
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Author : Yuliya Chernykh
language : en
Publisher: International Litigation in Press
Release Date : 2022
Contract Interpretation In Investment Treaty Arbitration written by Yuliya Chernykh and has been published by International Litigation in Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with Law categories.
"As the book clearly explains, there are situations in which questions of contract law need to be examined by investment tribunals - mainly as preliminary or incidental questions, to determine issues such as contract liability or breach of contract, that in turn are assumed as a basis for the issues of investment law in dispute"--