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General Principles and the Coherence of International Law

2019 Law
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Release : 2019
Genre : Law
Kind : eBook
Book Rating : 928/5 ( reviews)

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Book Synopsis General Principles and the Coherence of International Law by : Mads Andenas

Download or read book General Principles and the Coherence of International Law written by Mads Andenas. This book was released on 2019. Available in PDF, EPUB and Kindle. Book excerpt: General principles and the other sources of international law -- The interplay with national and regional legal systems -- General principles and international investment law -- General principles and international human rights law -- General principles and international environmental law.

General Principles of Law and International Due Process

2017 Law
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Release : 2017
Genre : Law
Kind : eBook
Book Rating : 70X/5 ( reviews)

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Book Synopsis General Principles of Law and International Due Process by : Charles T. Kotuby

Download or read book General Principles of Law and International Due Process written by Charles T. Kotuby. This book was released on 2017. 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.

General Principles of Law - The Role of the Judiciary

2015-06-22 Law
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Release : 2015-06-22
Genre : Law
Kind : eBook
Book Rating : 802/5 ( reviews)

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Book Synopsis General Principles of Law - The Role of the Judiciary by : Laura Pineschi

Download or read book General Principles of Law - The Role of the Judiciary written by Laura Pineschi. This book was released on 2015-06-22. 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.

General Principles as a Source of International Law

2021-02-25 Law
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Release : 2021-02-25
Genre : Law
Kind : eBook
Book Rating : 084/5 ( reviews)

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Book Synopsis General Principles as a Source of International Law by : Imogen Saunders

Download or read book General Principles as a Source of International Law written by Imogen Saunders. This book was released on 2021-02-25. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive analysis of an often neglected, misunderstood and maligned source of international law. Article 38(1)(c) of the Statute of the International Court of Justice sets out that the Court will apply the 'general principles of law recognized by civilized nations'. This source is variously lauded and criticised: held up as a panacea to all international law woes or denied even normative validity. The contrasting views and treatments of General Principles stem from a lack of a model of the source itself. This book provides that model, offering a new and rigorous understanding of Article 38(1)(c) that will be of immense value to scholars and practitioners of international law alike. At the heart of the book is a new tetrahedral framework of analysis - looking to function, type, methodology and jurisprudential legitimacy. Adopting an historical approach, the book traces the development of the source from 1875 to 2019, encompassing jurisprudence of the Permanent Court of International Justice and the International Court of Justice as well as cases from international criminal tribunals, the International Criminal Court and the World Trade Organisation. The book argues for precision in identifying cases that actually apply General Principles, and builds upon these 'proper use' cases to advance a comprehensive model of General Principles, advocating for a global approach to the methodology of the source.

The Sources of International Law

2014-02 Law
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Release : 2014-02
Genre : Law
Kind : eBook
Book Rating : 398/5 ( reviews)

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Book Synopsis The Sources of International Law by : Hugh Thirlway

Download or read book The Sources of International Law written by Hugh Thirlway. This book was released on 2014-02. 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.

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