Substantive Justice International Journal Of Law

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Substantive Justice International Journal Of Law

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Author : La Ode Husen
language : en
Publisher: Fakultas Hukum, Universitas Muslim Indonesia
Release Date : 2019-12-06

Substantive Justice International Journal Of Law written by La Ode Husen and has been published by Fakultas Hukum, Universitas Muslim Indonesia this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-12-06 with Law categories.

Substantive Justice International Journal of Law is published on behalf of the Faculty of Law in the Universitas Muslim Indonesia. It is a forum for outstanding original contributions to legal studies, with an emphasis on matters of theory and on broad issues arising from the relationship of law to other disciplines. In addition to traditional questions of legal interest, the following are all within the purview of the journal: comparative and international law, the law of the Republic of Indonesia, legal history and philosophy, and interdisciplinary material that is relevant to legal studies.

Procedure And Substance In International Environmental Law

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Author : Jutta Brunnée
language : en
Publisher: BRILL
Release Date : 2021-02-22

Procedure And Substance In International Environmental Law written by Jutta Brunnée and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-22 with Law categories.

The interplay between procedure and substance has not been a major point of contention for international environmental lawyers. Arguably, the topic’s low profile is due to the mostly uncontroversial nature of the field’s distinction between procedural and substantive obligations. Furthermore, the vast majority of environmental law scholars and practitioners have tended to welcome the procedural features of multilateral environmental agreements and their potential to promote regime evolution and effectiveness. However, recent developments have served to put the spotlight on certain aspects of the procedure substance topic. ICJ judgments revealed ambiguity on aspects of the customary law framework on transboundary harm prevention that the field had thought largely settled. In turn, in the treaty context, the Paris Agreement’s retreat from binding emissions targets and its decisive turn towards procedure reignited concerns in some quarters over the “proceduralization” of international environmental law. The two developments invite a closer look at the respective roles of, and the relationship between, procedure and substance in this field and, more specifically, in the context of harm prevention under customary and treaty law.

From Dialogue To Disagreement In Comparative Rights Constitutionalism

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Author : Scott Stephenson
language : en
Publisher: Holt Prize
Release Date : 2016

From Dialogue To Disagreement In Comparative Rights Constitutionalism written by Scott Stephenson and has been published by Holt Prize this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Civil rights categories.

The bills of rights adopted in the Commonwealth countries of Canada, New Zealand, the United Kingdom and, at the subnational level, Australia in recent decades, have prompted scholars and institutional actors involved in the process of constitutional design and reform to rethink how to evaluate and compare the different approaches to human rights protection. They have challenged a number of assumptions in the field, for example, that courts must have the power to invalidate laws that are found to violate rights (ie courts can now be given non-binding powers), that courts must have the 'final word' on rights issues (ie legislatures can now be given the power to override judicial decisions) and that bills of rights are enforced exclusively by courts (ie legislators can now be given new responsibilities to ensure that the laws they enact are compatible with rights).This book addresses three questions arising from these developments. How do these new bills of rights differ from the traditional approaches to rights protection? Why, if at all, should we consider the Commonwealth's approach over the traditional approaches? What compromises must be struck in the course of adopting a bill of rights of this variety? In answering these questions, the book sets out a new framework for comparison that focuses on the types of inter-institutional disagreement facilitated by and found in the different approaches to rights protection. It also identifies a previously unrecognised element of the Commonwealth's approach - the normative trade-offs with other constitutional principles and values - that is pivotal to understanding its operation. Finally, it seeks to contribute to future debates about rights reform in Australia and elsewhere by setting out a number of lessons that emerge from the answers to these three questions.**Dr Scott Stephenson, From Dialogue to Disagreement in Comparative Rights Constitutionalism, was joint winner of the inaugural Holt Prize 2015.

Substance And Procedure In Private International Law

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Author : Richard Garnett
language : en
Publisher: OUP Oxford
Release Date : 2012-03-08

Substance And Procedure In Private International Law written by Richard Garnett and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-03-08 with Law categories.

When the law of a foreign country is selected or pleaded by a claimant or defendant, a question arises as to whether the issue pertains to substance, in which case it may be resolved by foreign law, or procedure, in which case it will be governed by the law of forum. This book examines the distinction between substance and procedure questions in private international law, and analyses where and whether each is appropriate. To do so, it examines previous attempts to define the scope of procedure in private international law, considers alternative choice of law methods for referring matters to the law of forum, and examines the influence of the doctrine of characterization on procedure. Substance and Procedure in Private International Law also provides detailed analysis of the decisional law in which the substance-procedure distinction has been employed, creating a clear assessment of its application in various practical situations and providing valuable guidance for practitioners on how the distinction should be applied. The book also considers 'procedural' topics such as service of process and the taking of evidence abroad, in order to show how the application of forum law may further be limited by foreign laws. With a foreword by the Hon Sir Anthony Mason.

The International Court Of Justice And The Judicial Function

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Author : Gleider Hernandez
language : en
Publisher:
Release Date : 2014

The International Court Of Justice And The Judicial Function written by Gleider Hernandez and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Law categories.

The International Court of Justice embodies a compromise between ideas of state sovereignty and pressures for a stronger 'international community'. This book elaborates on the Court's role in the international legal system, and argues that as a result of this tension, the Court's contribution to international law is subtle rather than progressive.

Nicaragua Before The International Court Of Justice

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Author : Edgardo Sobenes Obregon
language : en
Publisher: Springer
Release Date : 2017-11-21

Nicaragua Before The International Court Of Justice written by Edgardo Sobenes Obregon and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-21 with Law categories.

This book analyses Nicaragua's role in the development of international law, through its participation in cases that have come before the International Court of Justice. Nicaragua has appeared before the ICJ in fourteen cases, either as an applicant, respondent or intervening State, thus setting an important example of committment to the peaceful judicial settlement of disputes. The “Nicaraguan” cases have enabled the ICJ to take positions on and clarify a whole range of important procedural, jurisdictional and substantive legal issues, which have inspired the jurisprudence of international and regional courts and tribunals and influenced the development of international law. The book focuses on reviewing Nicaragua's cases before the ICJ, using a thematic approach to identify their impact on international law. Each chapter includes a discussion of the relevant cases on a particular theme and their impact over time on general as well as specific branches of international law, notably through their use as precedent by other international and regional courts and tribunals.

The Consistent Application Of Eu Competition Law

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Author : Adriana Almășan
language : en
Publisher: Springer
Release Date : 2017-01-04

The Consistent Application Of Eu Competition Law written by Adriana Almășan and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-01-04 with Law categories.

In recent years, there has been a decentralisation of the enforcement of the EU competition law provisions, Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU). Consequently, the national application of these provisions has become increasingly more common across the European Union. This national application poses various challenges for those concerned about the consistent application of EU competition law. This edited collection provides an in-depth analysis of the most important limitations of, and the challenges concerning, the applicability of Articles 101 and 102 TFEU at national level. Divided into five parts, the book starts out by examining how the consistent enforcement of Articles 101 and 102 TFEU operates as a general EU competition policy. It then discusses several recent landmark cases of the European Court of Justice on Articles 101 and 102 TFEU, before proceeding to analyse certain additional, unique jurisdictional challenges to the uniform application of the EU competition law provisions. Subsequently, it focuses on one of the most important instruments that can help to achieve the uniform application of EU competition law in cases handled by the national courts: preliminary rulings. Finally, it provides selective examples of how Articles 101 and 102 TFEU are effectively applied at national level, thereby providing additional input into how problematic the issue of consistent application of EU competition law is in practice.

Is International Law International

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Author : Anthea Roberts
language : en
Publisher: Oxford University Press
Release Date : 2017

Is International Law International written by Anthea Roberts 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.

This book takes the reader on a sweeping tour of the international legal field to reveal some of the patterns of difference, dominance, and disruption that belie international law's claim to universality. Pulling back the curtain on the "divisible college of international lawyers," Anthea Roberts shows how international lawyers in different states, regions, and geopolitical groupings are often subject to distinct incoming influences and outgoing spheres of influence in ways that reflect and reinforce differences in how they understand and approach international law. These divisions manifest themselves in contemporary controversies, such as debates about Crimea and the South China Sea. Not all approaches to international law are created equal, however. Using case studies and visual representations, the author demonstrates how actors and materials from some states and groups have come to dominate certain transnational flows and forums in ways that make them disproportionately influential in constructing the "international." This point holds true for Western actors, materials, and approaches in general, and for Anglo-American (and sometimes French) ones in particular. However, these patterns are set for disruption. As the world moves past an era of Western dominance and toward greater multipolarity, it is imperative for international lawyers to understand the perspectives and approaches of those coming from diverse backgrounds. By taking readers on a comparative tour of different international law academies and textbooks, the author encourages them to see the world through the eyes of others -- an essential skill in this fast changing world of shifting power dynamics and rising nationalism.

International Issues In Family Law In Singapore

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Author : Debbie Ong
language : en
Publisher:
Release Date : 2015

International Issues In Family Law In Singapore written by Debbie Ong and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Divorce categories.

The Nature Of International Law

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Author : Miodrag A. Jovanović
language : en
Publisher: Cambridge University Press
Release Date : 2019-04-25

The Nature Of International Law written by Miodrag A. Jovanović 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 2019-04-25 with Law categories.

The Nature of International Law provides a comprehensive analytical account of international law within the prototype theory of concepts.