Download or read book Abuse of Rights and Equivalent Concepts written by and published by . This book was released on 1990 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Abuse written by András Sajó and published by Eleven International Publishing. This book was released on 2006 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the problem of abuse - not what is commonly understood as 'abuse of human rights' where authorities violate fundamental rights by simply denying them. Rather, it refers to authorities and individuals claiming human (fundamental) rights and the rule of law in ways that violate the fundamental rights of other people. Most contributors to this volume agree that in certain instances fundamental rights are used improperly, with troubling consequences, and that making us aware of such improprieties is necessary for the most efficient and just operation of the constitutional system. Several methods how to approach the issue are covered in this book, ranging from the use of existing doctrinal categories (e.g. conflict of rights) to developing a doctrine of abuse of rights. They help in clarifying improper uses of rights and the rule of law in constitutional and international law. The thought-provoking essays in this book are a welcome contribution to the debate if and how to deal with the negative consequences of rights-based action.
Download or read book Private Property and Abuse of Rights in Victorian England written by Michael Taggart and published by Oxford University Press, USA. This book was released on 2002 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: The case of the Borough of Bradford v Pickles was the first to establish the principle that it is not unlawful for a property owner to exercise his or her property rights maliciously and to the detriment of others or the public interest. This book explores why the common law developed in this way.
Download or read book The Concept of Rights written by George W. Rainbolt and published by Springer Science & Business Media. This book was released on 2006-07-08 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: What does it mean to have a right? Previous answers to this question fall into two groups: interest/benefit theories of rights and choice/will theories. This book proposes an alternative to these traditional views: the justified-constraint theory of rights, which avoids the pitfalls of earlier theories, and solves the puzzle of the relational nature of rights. The analysis shows that this theory applies without modification to past, present and future beings.
Download or read book Prohibition of Abuse of Law written by Rita de la Feria and published by Bloomsbury Publishing. This book was released on 2011-06-09 with total page 662 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Court of Justice has been alluding to 'abuse and abusive practices' for more than thirty years, but for a long time the significance of these references has been unclear. Few lawyers examined the case law, and those who did doubted whether it had led to the development of a legal principle. Within the last few years there has been a radical change of attitude, largely due to the development by the Court of an abuse test and its application within the field of taxation. In this book, academics and practitioners from all over Europe discuss the development of the Court's approach to abuse of law across the whole spectrum of European Union law, analysing the case-law from the 1970s to the present day and exploring the consequences of the introduction of the newly designated 'principle of prohibition of abuse of law' for the development of the laws of the EU and those of the Member States.
Download or read book The Right to Exploit written by Gijs Van Donselaar and published by Oxford University Press. This book was released on 2009-07-01 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1895 an English farmer diverted the course of a stream that was flowing through his land, thereby cutting off the supply to the water reservoir of the neighboring community. The courts established that it had been his purpose to "injure the plaintiffs by carrying off the water and to compel them to buy him off." Regardless of what the law says, most people will feel that the farmer's intentions were morally unjust; he was trying to abuse his property rights in order to take advantage of others. Yet, as Gijs van Donselaar explains, the major traditions in the theory of economic justice, both from the libertarian right and from the egalitarian left, have failed to appreciate the moral objection to exploitative behavior that this case displays. Those traditions entertain radically opposed views on how private property should be distributed, but they do not consider the legitimacy of constraints on the exercise of property rights--however they are distributed. The second part of the book demonstrates how this failure clears the way for a recent egalitarian argument, gaining in popularity, for a so-called unconditional basic income. If all have an initial right to an equal share of the resources of the world, then it soon seems to follow that all have a right to an equal share of the value of the resources of the world, which could be cashed in as a labor-free income. That inference is only valid if moral behavior similar to that of the farmer is tolerated. Van Donselaar argues that, ultimately, a confusion about the nature and value of freedom of choice is responsible for the odd conception of private rights in resources that would justify exploitation.
Download or read book Georgetown Journal of International Law written by and published by . This book was released on 2003 with total page 970 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Unruly Notion of Abuse of Rights written by Jan Paulsson and published by Cambridge University Press. This book was released on 2020-08-06 with total page 159 pages. Available in PDF, EPUB and Kindle. Book excerpt: Everyone condemns what they perceive as 'abuse of rights', and some would elevate it to a general principle of law. But the notion seldom suffices to be applied as a rule of decision. When adjudicators purport to do so they expose themselves to charges of unpredictability, if not arbitrariness. After examining the dissimilar origins and justification of the notion in national and international doctrine, and the difficulty of its application in both comparative and international law, this book concludes that except when given context as part of a lex specialis, it is too nebulous to serve as a general principle of international law.
Download or read book Abuse of EU Law and Regulation of the Internal Market written by Alexandre Saydé and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: How can the concept of abuse of European Union law – which can be defined as undesirable choice of law artificially made by a private citizen – generate so much disagreement among equally intelligent individuals? Seeking to transcend the classical debate between its supporters and adversaries, the present study submits that the concept of abuse of EU law is located on three major fault-lines of EU law, which accounts for the well-established controversies in the field. The first fault-line, which is common to all legal orders, opposes legal congruence (the tendency to yield equitable legal outcomes) to legal certainty (the tendency to yield predictable legal outcomes). Partisans of legal congruence tend to advocate the prohibition of abuses of law, whereas partisans of legal certainty tend to oppose it. The second fault-line is specific to EU law and divides two conceptions of the regulation of the internal market. If economic integration is conceived as the promotion of cross-border competition among private businesses (the paradigm of 'regulatory neutrality'), choices of law must be proscribed as abusive, for they distort business competition. But if economic integration is intended to promote competition among Member States (the paradigm of 'regulatory competition'), choices of law by EU citizens represent a desirable process of arbitrage among national laws. The third and final fault-line corresponds to the tension between two orientations of the economic constitution of the European Union, namely the fear of private power and the fear of public power. Those who fear private power most tend to endorse the prohibition of abuses of law, whereas those who fear public power most tend to reject it. Seen in this way, the concept of abuse of EU law offers a forum in which fundamental questions about the nature and function of EU law can be confronted and examined in a new light. In May 2013, the thesis that this book was based on won the First Edition of the European Law Faculties Association Award for Outstanding Doctoral Thesis.
Download or read book Abuse of Procedural Rights Comparative Standards of Procedural written by International Association of Procedural Law and published by Kluwer Law International B.V.. This book was released on 1999-11-25 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a very meaningful way, the health of a judicial system may be judged by the care with which its procedural rights are observed. Now, in a book that takes stock of this important element as it is currently used or abused in a number of the world's legal systems, eighteen outstanding scholars approach the subject through an analysis of the following factors: the theoretical and moral implications of procedural abuses the subjects who commit them the typologies of abusive practices the consequences of abusive practices Several authors report on practices in their own countries, revealing distinct evidence of a significant degree of lowered procedural standards in the United States, several European countries, Australia, Japan, and Latin America. General and final reports provide a comparative framework for an analytical study that will repay the study of anyone concerned with the fairness of our legal institutions.
Download or read book Administrative Discretion and Problems of Accountability written by Council of Europe and published by Council of Europe. This book was released on 1997-01-01 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: Co-rapporteur: mrs. Mavis Maclean.
Download or read book Secrecy and Liberty National Security Freedom of Expression and Access to Information written by Joan Fitzpatrick and published by BRILL. This book was released on 2021-09-27 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt: The tension between national security and freedom of expression and information is both acute and multifaceted. Without national security, basic human rights are always at risk. On the other hand, the tendency of governing elites to confuse `the life of the nation' with their own survival has often resulted in excessive restrictions on expression and information, as well as other fundamental rights. A proper balance between secrecy and liberty requires a vigilant press and an independent judiciary. It also requires greater clarity than currently exists as to how competing rights and interests should be weighed. This book addresses that gap. Its centerpiece is a set of Principles drafted by a group of international and national law experts, many of whom contributed chapters, to guide governments, courts and international bodies in how to strike a proper balance. The Principles have been widely endorsed, among others by United Nations experts on freedom of expression and independence of judges and lawyers. Sixteen country studies - profiling, among other states, Albania, Chile, China, Egypt, France, Germany, India, Israel, Japan, Norway, South Africa, South Korea, Turkey, the United Kingdom, the United States, and the Federal Republic of Yugoslavia - explore the tremendous diversity of national security doctrines and the penal and other measures aimed at suppressing allegedly secret information and speech claimed to be subversive, separatist or otherwise dangerous. Five chapters examine the cases considered and approaches taken by the UN Human Rights Committee, three regional human rights bodies, and the European Court of Justice. A Commentary draws on the other chapters to support and elucidate the Principles, noting where they reflect an existing consensus and the points at which they attempt to elicit a more rights-protective approach.
Download or read book Pacific Law Journal written by and published by . This book was released on 1995 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Yearbook of the European Convention on Human Rights Annuaire de la convention europeenne des droits de l homme Volume 32 Volume 32 1989 written by Council of Europe/Conseil de L'Europe and published by Martinus Nijhoff Publishers. This book was released on 1993-07-28 with total page 696 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume of the Yearbook of the European Convention on Human Rights, prepared by the Directorate of Human Rights of the Council of Europe relates to 1989. Its presentation follows that of the previous volume. Part one contains basics texts and information of a general nature; Part two deals with the European Commission of Human Rights; Part three with the European Court of Human Rights; Part four with the Resolutions of the Committee of Ministers; and Parts five and six with the other work of the Council of Europe in the field of human rights, the situation in the Member States, and developments within the European Communities. A Bibliography and Index are included. Ce volume de lAnnuaire de la Convention européenne des Droits de lhomme, préparé par la Direction des Droits de lhomme du Conseil de lEurope, concerne lannée 1989. La première partie contient des textes fondamentaux; la duexième partie contient les rapports de la Commission européenne des Droits de lhomme; la troisième partie donne des informations sur la Cour européenne des Droits de lhomme; la quatrième partie contient les Résolutions du Comité des Ministres; et les cinquième et sixième parties regroupent toutes les autres activités concernant la Convention dans le cadre du Conseil de lEurope et comprennent des informations sur les débats devant les parlements nationaux et sur les développements au sein des Communautés européennes concernant la protection des droits de lhomme. Le volume se termine avec une bibliographie et une index alphabétique.
Download or read book Europe of Rights A Compendium on the European Convention of Human Rights written by Javier García Roca and published by Martinus Nijhoff Publishers. This book was released on 2012-03-20 with total page 691 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a systematic commentary on half a century of case law on the Convention system made by a group of legal experts from various universities and legal disciplines. It provides a guide of the rights protected under ECHR as well as a better understanding, open to supranational scenarios, of fundamental rights in the respective Constitutions. Our intention is not only to make available a mere case law commentary. This work indeed offers succinct information on the most consolidated lines of case law and this is probably where it is most useful. Nevertheless there is also academic reflection, which we believe is nowadays essential as Europe is becoming more than a continent: it is, above all, a civilisation, with a common language of rights, a developing ius commune.
Download or read book Legal Principles in WTO Disputes written by Andrew D. Mitchell and published by Cambridge University Press. This book was released on 2008-12-11 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: Principles play a crucial role in any dispute settlement system, and the World Trade Organization (WTO) is no exception. However, WTO Panels and the Appellate Body have been too timid in using principles, sometimes avoiding their use when appropriate and at other times using them without fully acknowledging that they are doing so. Perhaps more worryingly, these bodies often fail to delve deeply enough into principles. They tend to overlook key questions such as the legal basis for using a given principle, whether the principle is being used in an interpretative manner or as applicable law and the meaning of the principle in public international law. This book establishes a framework for addressing these questions. The use of such a framework should allay fears and misconceptions about the use of principles and ensure that they are used in a justifiable manner, improving the quality of dispute settlement in the WTO.
Download or read book The New French Law of Contract written by Solène Rowan and published by Oxford University Press. This book was released on 2022-08-22 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: After being almost untouched for over 200 years, the contract law section of the French Civil Code was overhauled in 2016 and 2018. The New French Law of Contract describes, explains and analyses the new general principles of contract law in the reformed Code in a concise and stimulating way. The areas covered include contract formation, validity, the interpretation and supplementation of terms, the regulation of unfair terms, privity of contract, change of circumstances, breach of contract and remedies. The book examines the ways in which the new articles affirm or depart from the provisions of the 1804 Code and pre-reform case law, giving special attention to changes that have proved to be controversial and the debates that surround them. It also considers the various influences that have shaped the reforms, in particular those from international contract law instruments such as the Principle of European Contract Law and the UNIDROIT Principles. Written from the standpoint of a common lawyer, the book is designed to help readers from a common law background to navigate the innovations in the reforms and the new French law of contract that emerges. It is essential reading for students, researchers, practitioners, law-makers and judges with an interest in comparative law.
