Download or read book General Principles of Law and International Due Process written by Charles T. Kotuby, Jr. and published by Oxford University Press. This book was released on 2017-02-15 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book General Principles of Law The Role of the Judiciary written by Laura Pineschi and published by Springer. This book was released on 2015-06-22 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book General Principles and the Coherence of International Law written by Mads Andenas and published by BRILL. This book was released on 2019-05-20 with total page 474 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Sources of International Law written by Hugh Thirlway and published by Oxford University Press. This book was released on 2014-02 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: Because of its unique nature, the sources of international law are not always easy to identify and interpret. This book provides an ideal introduction to these sources for anyone needing to better understand where international law comes from. As well as looking at treaties and custom, the book will look at more modern and controversial sources.
Download or read book General Principles of Law written by Giorgio Del Vecchio and published by . This book was released on 1956 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book General Principles for Business and Human Rights in International Law written by Ludovica Chiussi Curzi and published by BRILL. This book was released on 2020-10-26 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: In General Principles for Business and Human Rights in International Law Ludovica Chiussi Curzi offers a critical analysis of the relevance of general principles of law in the multifaceted business and human rights field.
Download or read book General Principles of Law written by Stefan Vogenauer and published by Bloomsbury Publishing. This book was released on 2017-06-15 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining general principles of law provides one of the most instructive examples of the intersection between EU law and comparative law. This collection draws on the expertise of high-profile and distinguished scholars to provide a critical examination of this interaction. It shows how general principles of EU law need to be responsive to national laws. In addition, it is clear that the laws of the Member States have no choice but to be responsive to the general principles which are developed through EU law. Viewed through the perspective of proportionality, legal certainty, and fundamental rights, the dynamic relationship between the ingenuity of the Court of Justice, the legislative process and the process of Treaty revision is comprehensively illustrated.
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book General Principles of Law in the Decisions of International Criminal Courts and Tribunals written by Fabián Raimondo and published by BRILL. This book was released on 2008-11-30 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Statute of the International Court of Justice written by Andreas Zimmermann and published by OUP Oxford. This book was released on 2012-10-11 with total page 1798 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Court of Justice is the principal judicial organ of the United Nations and plays a central role in both the peaceful settlement of international disputes and the development of international law. This comprehensive Commentary on the Statute of the International Court of Justice, now in its second edition, analyses in detail not only the Statute of the Court itself but also the related provisions of the United Nations Charter as well as the relevant provisions of the Court's Rules of Procedure. Five years after the first edition was published, the second edition of the Commentary embraces current events before the International Court of Justice as well as before other courts and tribunals relevant for the interpretation and application of its Statute. The Commentary provides a comprehensive overview and analysis of all legal questions and issues the Court has had to address in the past and will have to address in the future. It illuminates the central issues of procedure and substance that the Court and counsel appearing before it face in their day-to-day work. In addition to commentary covering all of the articles of the Statute of the ICJ, plus the relevant articles of the Charter of the United Nations, the book includes three scene-setting chapters: Historical Introduction, General Principles of Procedural Law, and Discontinuation and Withdrawal. The second edition of the Commentary adds two important and instructive chapters on Counter-Claims and Evidentiary Issues. The combination of expert editors and commentators, and their assessment of new developments in the important work of the ICJ, make this a landmark publication in the field of international law.
Download or read book Principles of International Environmental Law written by Philippe Sands and published by Cambridge University Press. This book was released on 2003-10-09 with total page 1252 pages. Available in PDF, EPUB and Kindle. Book excerpt: This second edition of Philippe Sand's leading textbook on international environmental law provides a clear and authoritative introduction to the subject, revised to December 2002. It considers relevant new topics, including the Kyoto Protocol, genetically modified organisms, oil pollution, chemicals etc. and will remain the most comprehensive account of the principles and rules relating to environmental protection and the conservation of natural resources. In addition to the key material from the 1992 Rio Declaration and subsequent developments, Sands also covers topics including the legal and institutional framework, the field's historic development and standards for general application. This will continue to be an invaluable resource for both students and practitioners alike.
Download or read book The Work of the International Law Commission written by Vereinte Nationen International Law Commission and published by . This book was released on 2007 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book General Principles of Law as Applied by International Courts and Tribunals written by Bin Cheng and published by Cambridge University Press. This book was released on 2006-11-02 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Cheng aims to inquire into the practical application of the general principles of law by international courts and tribunals.
Download or read book General Principles of Law and International Due Process written by Charles T. Kotuby, Jr. and published by Oxford University Press. This book was released on 2017-02-10 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book General Principles of Law in the Decisions of International Criminal Courts and Tribunals written by Fabián Raimondo and published by BRILL. This book was released on 2008 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 a ~subsidiarya (TM) 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.
Download or read book General Principles and Sector Specific Rules in European Administrative Laws written by Giacinto della Cananea and published by Oxford University Press. This book was released on 2024-07-04 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the field of administrative law, there is no systematic body of rules similar to those characteristic of European civil codes. General principles are therefore of fundamental importance. This volume - the sixth in the series concerning the common core of European administrative laws - explores this importance through two strands. Firstly, it examines in detail the relationship between general principles of law, such as due process, and sector-specific rules established by legislative and regulatory provisions, for example in licensing and disciplinary matters. Several questions about the nature of general principles emerge through this analysis. Are general principles about filling gaps? Or do they have a foundational role because they give meaning to the values that are shared by European legal systems, such as respect for the rule of law and for fundamental rights? Secondly, this volume also explores the interaction between commonality and diversity in European administrative law. It considers whether there are shared standards of administrative conduct, including the duty to give reasons, or if there are fundamental differences with regard to non-European legal systems, such as that of China and Venezuela. These questions are investigated through factual analysis, based on a set of hypothetical cases, which are discussed by national experts. This book then scrutinizes these questions to determine how commonality and diversity have extended and interact with one another, within and across legal systems, both diachronically and synchronically, over the course of a century. It shows that there are both unexpected areas of agreement between the European legal systems, notably concerning the right to be heard (expressed by the maxim audi alteram partem) and the duty to give reasons, and there are also areas of disagreement, for example as far as the right to remain silent vis ? vis the administration (that is, nemo tenetur se detegere) is concerned.
Download or read book General Principles of Criminal Law written by Jerome Hall and published by The Lawbook Exchange, Ltd.. This book was released on 2010 with total page 656 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The Most Important Treatise on Criminal Law Produced by American Legal Scholarship" First published to great acclaim in 1947, Hall's General Principles of Criminal Law is one of the undisputed classics in its field. It provides more than a broad overview. Drawing on his expertise in jurisprudence and the work of the legal realists, it analyzes the principles that comprise criminal activity with an emphasis on its creation and definition by officials. This process is explored in the chapters on criminology, criminal theory and penal theory and, in more specific terms, the chapters on legality, mens rea, harm, causation, punishment, strict liability, ignorance and mistake, necessity and coercion, mental disease, intoxication and criminal attempt. "For many years, our standard work on criminal law has been Bishop's. First published in 1856, Bishop's is the only American book in the field that has conspicuously influenced our criminal law. (...) When Jerome Hall's, General Principles of Criminal Law (1947) appeared, it represented the first significant effort to articulate the principles of criminal law since Bishop's era. Hall's work may, in fact, represent the most important treatise on criminal law produced by American legal scholarship." --Fred Cohen, Journal of Legal Education 16 (1963-64) 260.
