Judicial Practice
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Judicial Practice Customary International Criminal Law And Nullum Crimen Sine Lege
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Author : Thomas Rauter
language : en
Publisher: Springer
Release Date : 2017-09-05
Judicial Practice Customary International Criminal Law And Nullum Crimen Sine Lege written by Thomas Rauter and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-09-05 with Law categories.
This study analyzes the methods used by international criminal tribunals when determining customary international criminal law and to consider the compatibility of these approaches with the nullum crimen sine lege principle. In this context, the following research questions are of particular importance: Is there one approach common to all international criminal tribunals, or can different approaches be detected in their jurisprudence when determining customary international law? Do international criminal tribunals regard both traditional elements of customary international law – State practice and opinio iuris – as necessary elements for the establishment of customary international law? Do international criminal tribunals argue along the lines of the International Court of Justice (ICJ), requiring a high frequency and consistency of State practice that is both “extensive and virtually uniform”?In addition, the book analyzes the evidence used by international criminal tribunals in order to establish the constituent elements of customary international. It then poses the question: Do international criminal tribunals distinguish, as defined by Schwarzenberger, between the “law-creating processes” of public international law on the one hand, and the “law-determining agencies” as a subsidiary means of determining rule of law on the other?Assuming that they exist, how can different methodological approaches to determine customary international law be assessed in light of the nullum crimen sine lege principle? Does the principle require judges to apply the traditional method to establish customary international law as being based on extensive, uniform and enduring State practice accompanied by opinio iuris? Can the principle balance the desire for justice and the specificities of law creation of the international legal order with fairness for the accused? How can the law be accessible and criminal punishment foreseeable, when the underlying legal basis for criminal convictions, namely customary international criminal law, is unwritten in nature?
Standards Of Judicial Practice
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Author : Massachusetts. District Court Department. Committee on Criminal Proceedings
language : en
Publisher:
Release Date : 2008
Standards Of Judicial Practice written by Massachusetts. District Court Department. Committee on Criminal Proceedings and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Complaints (Criminal procedure) categories.
International Judicial Practice On The Environment
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Author : Christina Voigt
language : en
Publisher: Cambridge University Press
Release Date : 2019-04-18
International Judicial Practice On The Environment written by Christina Voigt 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 2019-04-18 with Law categories.
Evaluates the fundamental legitimacy of judicial practice in the growing number of environmental cases heard before international courts.
Supreme Court Practice
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Author : Robert L. Stern
language : en
Publisher:
Release Date : 1950
Supreme Court Practice written by Robert L. Stern and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1950 with categories.
Judicial Practice As A Source Of Law In Russia
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Author : R. Z. Livshits
language : en
Publisher:
Release Date :
Judicial Practice As A Source Of Law In Russia written by R. Z. Livshits and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on with categories.
Introduction To Judicial Practice And Administration
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Author : Aloy Rugazia
language : en
Publisher:
Release Date : 2019
Introduction To Judicial Practice And Administration written by Aloy Rugazia and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with categories.
Litigation At The International Court Of Justice
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Author : Juan José Quintana
language : en
Publisher: BRILL
Release Date : 2015-05-19
Litigation At The International Court Of Justice written by Juan José Quintana and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-05-19 with Law categories.
Litigation at the International Court of Justice provides a systematic guide to questions of procedure arising when States come before the International Court of Justice to take part in contentious litigation. Quintana's approach is primarily empirical and emphasis is put on examples derived from actual practice. This book is mainly intended to help practitioners and advisors to governments engaged in actual cases and deliberately avoids theoretical discussions, favoring a pragmatic stance that is focused not so much on what authors have to say on any given topic concerning procedure, but rather on presenting, directly “from the Court’s mouth,” as it were, what ICJ judges actually have done and said over the last ninety years concerning such questions.
The Judicial Process
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Author : E. W. Thomas
language : en
Publisher: Cambridge University Press
Release Date : 2005-09-15
The Judicial Process written by E. W. Thomas 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 2005-09-15 with Law categories.
In the absence of a sound conception of the judicial role, judges at present can be said to be 'muddling along'. They disown the declaratory theory of law but continue to behave and think as if it had not been discredited. Much judicial reasoning still exhibits an unquestioning acceptance of positivism and a 'rulish' predisposition. Formalistic thinking continues to exert a perverse influence on the legal process. This 2005 book dismantles these outdated theories and seeks to bridge the gap between legal theory and judicial practice. The author propounds a coherent and comprehensive judicial methodology for modern times. Founded on the truism that the law exists to serve society, and adopting the twin criteria of justice and contemporaneity with the times, a judicial methodology is developed which is realistic and pragmatic and which embraces a revised conception of practical reasoning, including in that conception a critical role for legal principles.
Lasok S European Court Practice And Procedure
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Author : K P E Lasok KC
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-05-05
Lasok S European Court Practice And Procedure written by K P E Lasok KC and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-05-05 with Law categories.
When the European Court of Justice and the Court of First Instance drafts its own procedural rules, and when it makes decisions on procedural matters, it turns to the highly regarded Lasok's European Court Practice and Procedure for confirmation and guidance. Fully revised and updated the fourth edition: 1. Explains the implications of Brexit and the residual jurisdiction of the ECJ in relation to the UK under the Withdrawal Agreement. 2. Takes account of and provide in-depth analysis of all case law since the previous edition. 3. Provides guidance on the new General Court Rules of Procedure. 4. Provides new commentary on the Judges and Advocates General caused by Brexit and the current ongoing litigation concerning Advocate General Sharpston. 5. Includes additional commentary on the confidentiality regime for cases raising security concerns. Written by the internationally acknowledged expert in this area of law Lasok's European Court Practice and Procedure is the leading and must have work for anyone preparing a case to be heard before the European Court of Justice. This title is included in Bloomsbury Professional's Practice and Procedure online service.
Supreme Court Practice
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Author : Robert L. Stern
language : en
Publisher:
Release Date : 1986
Supreme Court Practice written by Robert L. Stern and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1986 with Law categories.
This treatise provides in depth coverage of all aspects of U.S. Supreme Court procedure and practice. Numerous sample forms and an extensive table of decisions are included in the work.