Download or read book Equity and Law written by María José Falcón y Tella and published by BRILL. This book was released on 2008 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: Equity is a multi-faceted subject, an authentic crossroads of problems. The perspective of this study is, as a result, a mix of focuses, which includes: the philosophy of law, general legal theory, justice theory, the history of law, comparative law, legal dogma, etc. In this book, as in various earlier studies of the author, she uses the "three-dimensional" method, which facilitates a stratified focus in agreement with three levels: facts, norms, and values. The subject of equity has never been analysed as completely as in this work. It includes a dynamic study of the different types of equity throughout history and in the different legal systems; the concept, content, limits, functions and types of equity; the relationship between equity and related ideas, and equity in all the branches of the legal order.

Download or read book An Equitable Framework for Humanitarian Intervention written by Ciarán Burke and published by Bloomsbury Publishing. This book was released on 2013-05-09 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book aims to resolve the dilemma regarding whether armed intervention as a response to gross human rights violations is ever legally justified without Security Council authorisation. Thus far, international lawyers have been caught between giving a negative answer on the basis of the UN Charter's rules ('positivists'), and a 'turn to ethics', declaring intervention legitimate on moral grounds, while eschewing legal analysis ('moralists'). In this volume, a third solution is proposed. The idea is presented that many equitable principles may qualify as 'general principles of law recognised by civilised nations' - one of the three principal sources of international law (though a category that is often overlooked) - a conclusion based upon detailed research of both national legal systems and international law. These principles, having normative force in international law, are then used to craft an equitable framework for humanitarian intervention. It is argued that the dynamics of their operation allow them to interact with the Charter and customary law in order to fill gaps in the existing legal structure and soften the rigours of strict law in certain circumstances. It is posited that many of the moralists' arguments are justified, albeit based upon firm legal principles rather than ethical theory. The equitable framework proposed is designed to provide an answer to the question of how humanitarian intervention may be integrated into the legal realm. Certainly, this will not mean an end to controversies regarding concrete cases of humanitarian intervention. However, it will enable the framing of such controversies in legal terms, rather than as a choice between the law and morality. '...has potential to become one of the most important books in public international law of the decade, or in a generation'. Martin Scheinin, Professor of Public International Law, European University Institute, Florence

Download or read book Judicial Methods of Interpretation of the Law written by Julio C. Cueto-Rua and published by Publications Institute Paul M. Hebert Law Center Louisiana S. This book was released on 1981 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Case Law in Roman Anglosaxon and Continental Law written by Mar a Jos Falc N y Tella and published by Martinus Nijhoff Publishers. This book was released on 2011-08-25 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is no one definition of case law, but rather a plurality of meanings. In this respect, after an analysis of Roman iurisprudentia and Anglo-Saxon case law, this work considers the Spanish legal system, as an example of a Continental jurisdiction.

Download or read book International Law as a Belief System written by Jean d'Aspremont and published by Cambridge University Press. This book was released on 2018 with total page 179 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers a new perspective on international law and international legal argumentation: to what event is international law a belief system?

Download or read book New York Convention written by Giorgio Gaja and published by . This book was released on 1994 with total page 1580 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text is part of the International Commercial Arbitrations service, and includes the text of the New York Convention, a list of ratifications, adhesions and reservations; the complete collection of the preparatory works, over 30 decisions from countries applying the Concention, and other materials.

Download or read book Arbitrators as Lawmakers written by Dolores Bentolila and published by Kluwer Law International B.V.. This book was released on 2017-04-05 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses how arbitrators make rules that guide, constrain, and define the process and substance of international arbitration. Providing a thorough and multidisciplinary analysis of the actors, process, and outcome of arbitral lawmaking, the study shows how arbitrators create principles of law through consistent arbitral decision-making and through interacting with other members of the arbitral community. This book investigates and responds to the following questions: - What is the relationship between international arbitration and the law and courts of the seat? - What is the role of international tribunals in assisting and controlling investment arbitration? - What is the scope of arbitrators’ freedom in decision-making? - What constraints limit arbitrators’ decision-making and contribute to consistency? - Is international arbitration capable of paying deference to past arbitral decisions? - Which rules have arbitrators created in procedural and substantive matters? - What is the role and status of consistent arbitral decisions? - Is there an arbitral legal system? The answers to these questions are drawn from actual arbitral decisions made available to the public, clarifying important issues about jurisdiction, procedure, applicable law, interpretation of substantive rules and instruments, and remedies. This is the first overarching study of whether and to what extent international commercial, and investment arbitrators create norms and even generate a legal system. As such, it will be of immeasurable and lasting value to arbitrators, practitioners, scholars, arbitral institutions, and international organizations worldwide, for all of whom it will not only clarify our understanding of arbitral decision-making and arbitrator-made rules, but also foster transparency and accountability in arbitral decision-making

Download or read book Claims for Secession and Federalism written by Alberto López-Basaguren and published by Springer. This book was released on 2019-01-05 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume, incorporating the work of scholars from various parts of the globe, taps the wisdom of the Westphalian (and post-Westphalian) world on the use of federalism and secession as tools for managing regional conflicts. The debate has rarely been more important than it is right now, especially in light of recent events in Catalonia, Scotland, Québec and the Sudan - all unique political contexts raising similar questions about how best to balance competing claims for autonomy, interdependence, political voice, and exit. Exploring how various nations have encountered comparable conflicts, some more and some less successfully, the book broadens the perspectives of scholars, government officials, and citizens struggling to resolve sovereignty conflicts with a full appreciation of the underlying principles they represent.

Download or read book The National Union Catalog Pre 1956 Imprints written by and published by . This book was released on 1968 with total page 714 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Library of Congress Author Catalog written by Library of Congress and published by . This book was released on 1953 with total page 632 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Enlightenment on Trial written by Bianca Premo and published by Oxford University Press. This book was released on 2017-01-19 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a history of the Enlightenment--the rights-oriented, formalist, secularizing, freedom-inspired eighteenth-century movement that defined modern Western law. But rather than members of a cosmopolitan Republic of Letters, its principal protagonists are non-literate, poor, and enslaved litigants who sued their superiors in the royal courts of Spain's American colonies. Despite growing evidence of the Hispanic world's contributions to Enlightenment science, the writing of history, and statecraft, the region is conventionally believed to have taken an alternate route to modernity. This book grapples with the contradiction between this legacy and eighteenth-century Spanish Americans' active production of concepts fundamental to modern law. The Enlightenment on Trial offers readers new insight into how Spanish imperial subjects created legal documents, fresh interpretations of the intellectual transformations and legal reform policies of the period, and comparative analysis of the volume of civil suits from six regions in Mexico, Peru and Spain. Ordinary litigants in the colonies--far more often than peninsular Spaniards--sued superiors at an accelerating pace in the second half of the eighteenth century. Three types of cases increased even faster than a stunning general rise of civil suits in the colonies: those that slaves, native peasants and women initiated against masters, native leaders and husbands. As they entered court, these litigants advanced a new law-centered culture distinct from the casuistic, justice-oriented legal culture of the early modern period. And they did so at precisely the same time that a few bright minds of Europe enshrined new ideas in print. The conclusion considers why, if this is so, the Spanish empire has remained marginal to the story of the advent of the modern West.

Download or read book Law Politics and Morality written by Jordi Ferrer Beltrán and published by . This book was released on 2003 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book International Investment Law in Latin America Derecho Internacional de las Inversiones en Am rica Latina written by Attila Tanzi and published by BRILL. This book was released on 2016-02-15 with total page 899 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the bilingual volume International Investment Law in Latin America: Problems and Prospects, Attila Tanzi, Alessandra Asteriti, Rodrigo Polanco Lazo and Paolo Turrini provide a regional perspective on one of the liveliest branches of international law by situating it in one of the most dynamic areas of the world. Latin America has always had an ambivalent relationship with international investment law and, more recently, it has been the home of harsh and resolute criticisms, questioning the ultimate legitimacy of the regime. By bringing together distinguished scholars of this legal field, the volume analyses ongoing trends and draws lessons from the Continent’s past experiences while identifying possible solutions to the important challenges it faces. Con el volumen bilingüe Derecho Internacional de las Inversiones en América Latina: Problemas y Perspectivas, Attila Tanzi, Alessandra Asteriti, Rodrigo Polanco Lazo y Paolo Turrini tienen por objetivo proporcionar una perspectiva regional para una de las ramas más vigorosas del derecho internacional, situándola en una de las áreas más dinámicas del mundo. Latinoamérica siempre ha tenido una relación ambivalente con el derecho internacional de inversiones y, más recientemente, ha sido el hogar de duras y decididas críticas en su contra, cuestionando la legitimidad última del régimen. Al reunir a distinguidos estudiosos de este campo legal, tanto de América Latina como de fuera de la región, este volumen analiza esta actual tendencia, extrayendo lecciones de las experiencias pasadas del continente e identificando posibles soluciones a los desafíos importantes que ahora enfrenta.

Download or read book The National Union Catalog Pre 1956 Imprints written by Library of Congress and published by . This book was released on 1972 with total page 718 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Human Resource Management written by Gary Dessler and published by Pearson Educación. This book was released on 2000 with total page 750 pages. Available in PDF, EPUB and Kindle. Book excerpt: For Human Resource Management (HRM) and Personnel courses. The #1 best-selling HRM book in the market, Dessler's Human Resource Management provides a comprehensive review of personnel management concepts and practices in a highly readable form. This edition focuses on the high-performance organization building better, faster, more competitive organizations through HR; while continuing to offer practical applications that help all managers deal with their personnel-related responsibilities.

Download or read book La Revolucion Bolivariana Democratiza Los DD Hh Basicos written by Carlos Gonz Lez Irago and published by Palibrio. This book was released on 2012-01-06 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sobre el libro: La Revolución Bolivariana es un proceso en marcha y está creando colectivamente y democráticamente, paso a paso, golpe a golpe un nuevo modelo de estado. El estado bolivariano es auténtico se fundamenta en la historia, las ideas solidarias de Simón Bolívar y la prioridad de los derechos humanos básicos de "seguridad y subsistencia" de todos los venezolanos sin exclusiones. Es revolucionario primero porque incorpora participativamente a un sector mayoritario de la población -incluyendo a los pobres y a los militares-- que habían sido históricamente marginados y excluidos de la política, la economía y la sociedad. Segundo, porque el nuevo modelo de "Seguridad y Subsistencia" es lo opuesto a su predecesor histórico: el modelo de "Seguridad Nacional" o "Pacto de Punto Fijo." La "Seguridad Nacional" fue impuesta desde los Estados Unidos durante la guerra fría a toda su área de influencia y ha causado estragos: guerras, muertes, torturas y la violación sistemática de los derechos humanos en Venezuela, en Latinoamérica y en muchas partes del mundo. Tercero, porque el modelo bolivariano ofrece una respuesta democrática y solidaria al capitalismo salvaje que propone el neo-liberalismo en la actualidad. Venezuela hoy nos ofrece algo radicalmente diferente, es "la posibilidad optimista" de una democracia nueva, solidaria, soberana, socialista, moderna, no dogmática y por qué no, ecológica.

Download or read book National Union Catalog written by and published by . This book was released on 1953 with total page 636 pages. Available in PDF, EPUB and Kindle. Book excerpt: