Download or read book Lacunae in the Law of International Organizations written by Bertrand G. Ramcharan and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Legal Knowledge and Analogy written by Patrick Nerhot and published by Springer Science & Business Media. This book was released on 1990-12-31 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Analogy between Logic and Dialogic of Law.- Analogy as Legal Reasoning - The Hermeneutic Foundation of the Analogical Procedure.- Milking the Meter - On Analogy, Universalizability and World Views.- The Function of Analogy in Law: Return to Kant and Wittgenstein.- Analogy in Legal Science: Some Comparative Observations.- Legal Analogy between Interpretive Arguments and Productive Arguments.- Legal Knowledge and Meaning (The Example of Legal Analogy).- Analogical Reasoning and Legal Institutions.- Analogy in the Law.

Download or read book The Three Branches written by Christoph Möllers and published by Oxford University Press. This book was released on 2013-03-14 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: The idea of the separation of powers is still popular in much political and constitutional discourse, though its meaning for the modern state remains unclear and contested. This book develops a new, comprehensive, and systematic account of the principle. It then applies this new concept to legal problems of different national constitutional orders, the law of the European Union, and international institutional law. It connects an argument from normative political theory with phenomena taken from comparative constitutional law. The book argues that the conflict between individual liberty and democratic self-determination that is characteristic of modern constitutionalism is proceduralized through the establishment of different governmental branches. A close analysis of the relation between individual and collective autonomy on the one hand and the ways lawmaking through public institutions can be established on the other hand helps us identify criteria for determining how legislative, administrative, and judicial lawmaking can be distinguished and should be organized. These criteria define a common ground in the confusing variety of western constitutional traditions and their diverse use of the notion of separated powers. They also enable us to establish a normative framework that throws a fresh perspective on problems of constitutional law in different constitutional systems: constitutional judicial review of legislation, limits of legislative delegation, parliamentary control of the executive, and standing. Linking arguments from comparative constitutional law and international law, the book then uses this framework to offer a new perspective on the debate on constitutionalism beyond the state. The concept permits certain institutional insights of the constitutional experiences within states to be applied at the international level without falling into any form of methodological nationalism.

Download or read book The Burden of Proof in Comparative and International Human Rights Law written by Juliane Kokott and published by BRILL. This book was released on 2023-12-28 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores how courts decide, or ought to decide, in situations of uncertainty. A Court must always decide the case before it, even if the relevant facts remain unclear. The question then arises which party benefits and which party is burdened by that uncertainty. In these cases, the Court must apply the rules on the burden of proof or, more precisely, the burden of persuasion. Their importance for the individual claimant is obvious. The comparison of two domestic systems (one based on common law and the other a traditional code-based legal order) with regard to the issue of burden of proof helps to clarify the terminology and lays the ground for dealing with the burden of proof in international human rights law. Without knowing what can be understood by the term `burden of proof' under domestic law, international lawyers with different domestic law backgrounds are in danger of misunderstanding each other. This may lead to obscuring the problems connected with court decisions involving uncertainty. The study also deals with uncertainties with regard to legislative (general) in contrast to adjudicative (individual) facts and with uncertainties in the framework of predictions in contrast to uncertainties relating to historic facts. It attempts to prepare the ground for dealing more consciously and more consistently with problems of uncertainty in international human rights law. International courts, due to their geographical and cultural distance from the case, usually have less access to the underlying facts. Nevertheless, in order to protect human rights effectively, international courts and tribunals cannot always restrict themselves to reviewing the law, but may also have to decide on the facts. Thus issues relating to decision-making on the basis of uncertain facts, including the burden of persuasion, are even more important in international than in domestic human rights law.

Download or read book The International Law Commission and the Lacunae of Arbitral Procedure written by Erik Peterson and published by . This book was released on 1980 with total page 31 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Unity and Pluralism in Public International Law written by Oriol Casanovas and published by BRILL. This book was released on 2021-10-18 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: The proliferation of international courts and the extension of international regulation to new areas have been considered to be threatening for the unity of Public International Law as a legal system. These developments are the consequence of the increasing formation of legal subsystems (material international regimes) which continue to grow in complexity. How these trends affect the unity of the international legal system requires theoretical scrutiny of its fundamental bases. This work considers that the unity of the international legal system depends upon its normative structure, and on the social medium in which it is applied: the evolving international community. A unified international legal system has as its ultimate goal the protection of human dignity through the international regulation of human rights. The question of the unifying stability of the international legal system and the development of legal subsystems within it encourages a review of the major issues of current Public International Law, considering the evolution from traditional doctrines to recent approaches. This review is done from an analytical frame that provides a deeper understanding of the current situation of Public International Law as a legal system.

Download or read book International Law as Social Construct written by Carlo Focarelli and published by OUP Oxford. This book was released on 2012-05-24 with total page 632 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book distils and articulates international law as a social construct. It does so by analysing its social foundations, essence, and roots in practical and socially workable (as opposed to 'pure') reason. In addition to well-known doctrines of jurisprudence and international law, it draws upon psycho-analytic insights into the origins and nature of law, as well as philosophical social constructivism. The work suggests that seeing law as a social construct is crucial to our understanding of international law and to the struggle to create better working rules. The book re-conceptualizes both past and new doctrines of international law as 'constructs', namely, as strategies of concomitantly de-mythologizing and re-mythologizing international law. Key areas of international law, including subjects, sources, hierarchy, values, and remedies, are shown to be part of this process. The social impact on international law of transnational actors and stakeholders, normative fragmentation, global justice, legitimacy of both rules and players, dynamics and hierarchization of norms, compliance and implementation in municipal law is also extensively investigated. Five basic values of the international community, namely security, humanity, wealth, environment, and knowledge, are explored by stressing their inter- and intra-tensions. Finally, the analysis is extended to the role that international courts play in the prosecution of heads of state and other transnational players who violate international law.

Download or read book The Lawyer s Style Guide written by Peter Butt and published by Bloomsbury Publishing. This book was released on 2021-02-25 with total page 965 pages. Available in PDF, EPUB and Kindle. Book excerpt: Clarity and precision in legal writing are essential skills in the practice and study of law. This book offers a straightforward, practical guide to effective legal style from a world-leading expert. The book is thoughtfully structured to explain the elements of good legal writing and its most effective use. It catalogues all aspects of legal style, topic by topic, phrase by phrase, usage by usage. It scrutinises them all, suggesting improvements. Its 'dictionary' arrangement makes it easy to navigate. Entries cover matters such as abbreviations, acronyms, active and passive voice, brackets, bullet points, citation methods, cross-referencing, fonts, document design, footnotes, gender-neutral language, numbering systems, plain legal language, punctuation, the use of Latin in law, structures for legal advices and documents, and techniques for editing and proofreading. Also covered are many words and phrases that non-lawyers find opaque and obscure-the aim being to show that lawyers can usually substitute a plain-English equivalent that captures the legal nuances of the 'legalese'. Other topics include ambiguity, deeds, definitions, provisos, recitals, simplified outlines, terms of art, tone, and the various principles of legal interpretation. With an emphasis on technical effectiveness and understanding, the book is required reading for all those engaged in the practice and study of law.

Download or read book The Absent Image written by Elina Gertsman and published by Penn State Press. This book was released on 2021-06-24 with total page 599 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner of the 2022 Charles Rufus Morey Award from the College Art Association Guided by Aristotelian theories, medieval philosophers believed that nature abhors a vacuum. Medieval art, according to modern scholars, abhors the same. The notion of horror vacui—the fear of empty space—is thus often construed as a definitive feature of Gothic material culture. In The Absent Image, Elina Gertsman argues that Gothic art, in its attempts to grapple with the unrepresentability of the invisible, actively engages emptiness, voids, gaps, holes, and erasures. Exploring complex conversations among medieval philosophy, physics, mathematics, piety, and image-making, Gertsman considers the concept of nothingness in concert with the imaginary, revealing profoundly inventive approaches to emptiness in late medieval visual culture, from ingenious images of the world’s creation ex nihilo to figurations of absence as a replacement for the invisible forces of conception and death. Innovative and challenging, this book will find its primary audience with students and scholars of art, religion, physics, philosophy, and mathematics. It will be particularly welcomed by those interested in phenomenological and cross-disciplinary approaches to the visual culture of the later Middle Ages.

Download or read book The Constitutionalization of International Law written by Jan Klabbers and published by OUP Oxford. This book was released on 2011-04-07 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book examines one of the most debated issues in current international law: to what extent the international legal system has constitutional features comparable to what we find in national law. This question has become increasingly relevant in a time of globalization, where new international institutions and courts are established to address international issues. Constitutionalization beyond the nation state has for many years been discussed in relation to the European Union. This book asks whether we now see constitutionalization taking place also at the global level. The book investigates what should be characterized as constitutional features of the current international order, in what way the challenges differ from those at the national level and what could be a proper interaction between different international arrangements as well as between the international and national constitutional level. Finally, it sketches the outlines of what a constitutionalized world order could and should imply. The book is a critical appraisal of constitutionalist ideas and of their critique. It argues that the reconstruction of the current evolution of international law as a process of constitutionalization -against a background of, and partly in competition with, the verticalization of substantive law and the deformalization and fragmentation of international law- has some explanatory power, permits new insights and allows for new arguments. The book thus identifies constitutional trends and challenges in establishing international organisational structures, and designs procedures for standard-setting, implementation and judicial functions. This paperback edition features the authors' discussion of this book on the EJIL Talks blog.

Download or read book State of Exception written by Giorgio Agamben and published by University of Chicago Press. This book was released on 2008-07-18 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt: Two months after the attacks of 9/11, the Bush administration, in the midst of what it perceived to be a state of emergency, authorized the indefinite detention of noncitizens suspected of terrorist activities and their subsequent trials by a military commission. Here, distinguished Italian philosopher Giorgio Agamben uses such circumstances to argue that this unusual extension of power, or "state of exception," has historically been an underexamined and powerful strategy that has the potential to transform democracies into totalitarian states. The sequel to Agamben's Homo Sacer: Sovereign Power and Bare Life, State of Exception is the first book to theorize the state of exception in historical and philosophical context. In Agamben's view, the majority of legal scholars and policymakers in Europe as well as the United States have wrongly rejected the necessity of such a theory, claiming instead that the state of exception is a pragmatic question. Agamben argues here that the state of exception, which was meant to be a provisional measure, became in the course of the twentieth century a normal paradigm of government. Writing nothing less than the history of the state of exception in its various national contexts throughout Western Europe and the United States, Agamben uses the work of Carl Schmitt as a foil for his reflections as well as that of Derrida, Benjamin, and Arendt. In this highly topical book, Agamben ultimately arrives at original ideas about the future of democracy and casts a new light on the hidden relationship that ties law to violence.

Download or read book Subject Headings Used in the Dictionary Catalogs of the Library of Congress from 1897 Through December 1955 written by Library of Congress. Subject Cataloging Division and published by Washington : Library of Congress, Processing Department, Subject Cataloging Division. This book was released on 1957 with total page 1366 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Ashgate Research Companion to International Criminal Law written by Ms Niamh Hayes and published by Ashgate Publishing, Ltd.. This book was released on 2013-06-28 with total page 539 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique Research Companion takes a critical approach to a wide variety of theoretical, practical, legal and policy issues surrounding and underpinning the operation of international criminal law as applied by international criminal tribunals. The authors raise issues which are likely to provide the most significant challenges and most promising opportunities for the continuing development of this body of law.

Download or read book Applicable Law in Investor State Arbitration written by Hege Elisabeth Kjos and published by OUP Oxford. This book was released on 2013-03-21 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is an open access title available under the terms of a CC BY-NC-ND 3.0 International licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations. This book examines the law, national and/or international, that arbitral tribunals apply on the merits to settle disputes between foreign investors and host states. In light of the freedom that the disputing parties and the arbitrators have when designating the applicable law, and because of the hybrid nature of legal relationship between investors and states, there is significant interplay between the national and the international legal order in investor-state arbitration. The book contains a comprehensive analysis of the relevant jurisprudence, legal instruments, and scholarship surrounding arbitral practice with respect to the application of national law and international law. It investigates the awards in which tribunals referred to consistency between the legal orders, and suggests alternatives to the traditional doctrines of monism and dualism to explain the relationship between the national and the international legal order. The book also addresses the territorialized or internationalized nature of the tribunals; relevant choice-of-law rules and methodologies; and the scope of the arbitration agreement, including the possibility of host states presenting counterclaims in investment treaty arbitration. Ultimately, it argues that in investor-state arbitration, national and international law do not only coexist but may be applied simultaneously; they are also interdependent, each complementing and informing the other both indirectly and directly for a larger common good: enforcement of rights and obligations regardless of their national or international origin.

Download or read book Politics Values and Functions written by Charney and published by Martinus Nijhoff Publishers. This book was released on 2023-09-29 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: The editors and contributors have formed this collection to honor Louis Henkin in his 80th year. He has contributed greatly to the fields of international and constitutional law, to teaching and scholarship, to the international community and to each of the contributors and editors personally. They wanted to acknowledge his outstanding work and they wanted to inspire the next generation of international lawyers by highlighting the impact of Henkin's contribution to international and constitutional scholarship. The editors believe the essays in this collection demonstrate tangibly what can be accomplished by a great and committed mind. The international community profits greatly from his commitment. As will be clear from the list of authors, the topics are dealt with in an outstanding manner; quality needs no praise.

Download or read book Legal Spectatorship written by Kelli Moore and published by Duke University Press. This book was released on 2022-05-02 with total page 138 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Legal Spectatorship Kelli Moore traces the political origins of the concept of domestic violence through visual culture in the United States. Tracing its appearance in Article IV of the Constitution, slave narratives, police notation, cybernetic theories of affect, criminal trials, and the “look” of the battered woman, Moore contends that domestic violence refers to more than violence between intimate partners—it denotes the mechanisms of racial hierarchy and oppression that undergird republican government in the United States. Moore connects the use of photographic evidence of domestic violence in courtrooms, which often stands in for women’s testimony, to slaves’ silent experience and witnessing of domestic abuse. Drawing on Harriet Jacobs’s Incidents in the Life of a Slave Girl, abolitionist print culture, courtroom witness testimony, and the work of Hortense Spillers, Moore shows how the logic of slavery and antiblack racism also dictates the silencing techniques of the contemporary domestic violence courtroom. By positioning testimony on contemporary domestic violence prosecution within the archive of slavery, Moore demonstrates that domestic violence and its image are haunted by black bodies, black flesh, and black freedom. Duke University Press Scholars of Color First Book Award recipient

Download or read book Japanese Private International Law written by Kazuaki Nishioka and published by Bloomsbury Publishing. This book was released on 2021-10-07 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the leading reference on Japanese private international law in English. The chapters systematically cover the whole of Japanese private international law, not just questions likely to arise in commercial matters, but also in family, succession, cross-border insolvency, intellectual property, competition (antitrust), and environmental disputes. The chapters do not merely cover the traditional conflict of law areas of jurisdiction, applicable law (choice of law), and enforcement. The chapters also look into conflict of law questions arising in arbitration and assess Japanese involvement in the global harmonisation of private international law. In addition to summarising relevant principles and scholarly views, the authors discuss case law whenever possible and identify deficiencies and anticipate difficulties in the existing law. The book thus presents the Japanese conflict of laws through a combination of common and civil law analytical techniques and perspectives, providing readers worldwide with a more profound and comprehensive understanding of the subject.