General Principles Of Law And International Due Process

General Principles of Law and International Due Process PDF
Author: Charles T. Kotuby, Jr.
Publisher: Oxford University Press
ISBN: 0190642718
Size: 41.77 MB
Format: PDF, Kindle
Category : Law
Languages : en
Pages : 288
View: 1028

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General Principles Of Law And International Due Process

by Charles T. Kotuby, Jr., General Principles Of Law And International Due Process Books available in PDF, EPUB, Mobi Format. Download General Principles Of Law And International Due Process books, 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

General Principles of Law PDF
Author: James Louis Montrose
Publisher:
ISBN:
Size: 78.25 MB
Format: PDF, ePub, Mobi
Category :
Languages : en
Pages : 14
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General Principles Of Law

by James Louis Montrose, General Principles Of Law Books available in PDF, EPUB, Mobi Format. Download General Principles Of Law books,


General Principles Of Law The Role Of The Judiciary

General Principles of Law   The Role of the Judiciary PDF
Author: Laura Pineschi
Publisher: Springer
ISBN: 3319191802
Size: 34.27 MB
Format: PDF
Category : Law
Languages : en
Pages : 325
View: 852

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General Principles Of Law The Role Of The Judiciary

by Laura Pineschi, General Principles Of Law The Role Of The Judiciary Books available in PDF, EPUB, Mobi Format. Download General Principles Of Law The Role Of The Judiciary books, 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 Of Law

General Principles of Law PDF
Author: Bin Cheng
Publisher:
ISBN:
Size: 41.26 MB
Format: PDF, ePub
Category : International courts
Languages : en
Pages : 490
View: 1990

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General Principles Of Law

by Bin Cheng, General Principles Of Law Books available in PDF, EPUB, Mobi Format. Download General Principles Of Law books,


General Principles Of Law In The Decisions Of International Criminal Courts And Tribunals

General Principles of Law in the Decisions of International Criminal Courts and Tribunals PDF
Author: Fabián Raimondo
Publisher: BRILL
ISBN: 9004170472
Size: 32.14 MB
Format: PDF
Category : Law
Languages : en
Pages : 212
View: 1872

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General Principles Of Law In The Decisions Of International Criminal Courts And Tribunals

by Fabián Raimondo, General Principles Of Law In The Decisions Of International Criminal Courts And Tribunals Books available in PDF, EPUB, Mobi Format. Download General Principles Of Law In The Decisions Of International Criminal Courts And Tribunals books, 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.


General Principles Of Law Recognized By Civilized Nations 1922 2018

General Principles of Law Recognized by Civilized Nations  1922 2018  PDF
Author: Marija Đorđeska
Publisher: Queen Mary Studies in Internat
ISBN: 9789004375062
Size: 75.78 MB
Format: PDF, ePub, Mobi
Category : Law
Languages : en
Pages : 684
View: 4668

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General Principles Of Law Recognized By Civilized Nations 1922 2018

by Marija Đorđeska, General Principles Of Law Recognized By Civilized Nations 1922 2018 Books available in PDF, EPUB, Mobi Format. Download General Principles Of Law Recognized By Civilized Nations 1922 2018 books, In General Principles of Law Recognized by Civilized Nations (1922-2018) Marija Đorđeska offers a comprehensive and innovative account of the origins, theory and application of the general principles as ascertained in the jurisprudence of the Permanent Court of International Justice and International Court of Justice between 1922 and 2018.


General Principles Of Law

General Principles of Law PDF
Author: Stefan Vogenauer
Publisher: Bloomsbury Publishing
ISBN: 1509910697
Size: 53.70 MB
Format: PDF, Docs
Category : Law
Languages : en
Pages : 432
View: 1357

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General Principles Of Law

by Stefan Vogenauer, General Principles Of Law Books available in PDF, EPUB, Mobi Format. Download General Principles Of Law books, 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.


General Principles Of Law And International Investment Arbitration

General Principles of Law and International Investment Arbitration PDF
Author: Andrea Gattini
Publisher: BRILL
ISBN: 9004368388
Size: 59.88 MB
Format: PDF, Kindle
Category : Law
Languages : en
Pages : 476
View: 6050

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General Principles Of Law And International Investment Arbitration

by Andrea Gattini, General Principles Of Law And International Investment Arbitration Books available in PDF, EPUB, Mobi Format. Download General Principles Of Law And International Investment Arbitration books, In General Principles of Law in Investment Arbitration, the authors address selected general principles of law, assessing their functions in investment arbitration. The resulting picture is that of a lively source that escapes doctrinal straitjackets and maintains its relevance.


The General Principles Of International Law Considered From The Standpoint Of The Rule Of Law

The General Principles of International Law Considered from the Standpoint of the Rule of Law PDF
Author: Sir Gerald Gray Fitzmaurice
Publisher:
ISBN:
Size: 48.28 MB
Format: PDF, ePub, Docs
Category : International law
Languages : en
Pages : 227
View: 1749

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The General Principles Of International Law Considered From The Standpoint Of The Rule Of Law

by Sir Gerald Gray Fitzmaurice, The General Principles Of International Law Considered From The Standpoint Of The Rule Of Law Books available in PDF, EPUB, Mobi Format. Download The General Principles Of International Law Considered From The Standpoint Of The Rule Of Law books,


General Principles Of Criminal Law

General Principles of Criminal Law PDF
Author: Jerome Hall
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584774983
Size: 35.23 MB
Format: PDF, ePub
Category : Law
Languages : en
Pages : 642
View: 2334

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General Principles Of Criminal Law

by Jerome Hall, General Principles Of Criminal Law Books available in PDF, EPUB, Mobi Format. Download General Principles Of Criminal Law books, Hall, Jerome. General Principles of Criminal Law. Second Edition. Indianapolis: The Bobbs Merrill Company, [1960]. xii, 642 pp. Reprint available January, 2005 by the Lawbook Exchange, Ltd. ISBN 1-58477-498-3. Cloth. $125. * The standard one-volume treatise based on classic legal-realist principles. As its title suggests, Hall provides more than a thorough overview of the subject; he analyzes the principles that comprise its foundations with an emphasis on their creation and definition by officials. This process is explored in its chapters on legality, mens rea, harm, causation, punishment, strict liability, ignorance and mistake, necessity and coercion, mental disease, intoxication and criminal attempt, as well as its general chapters on criminology, criminal theory and penal theory. Acclaimed when its first edition appeared in 1947, it has been cited regularly ever since.