General Principles

Author : Laura Pineschi
Publisher : Springer
Page : 325 pages
File Size : 48,8 Mb
Release : 2015-06-22
Category : Law
ISBN : 9783319191805

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General Principles of Law - The Role of the Judiciary by Laura Pineschi Pdf

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.

Author : BARBARA. BILLINGSLEY
Publisher : Unknown
Page : 128 pages
File Size : 49,8 Mb
Release : 2020
Category : Electronic
ISBN : 0433498617

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GENERAL PRINCIPLES OF CANADIAN INSURANCE LAW. by BARBARA. BILLINGSLEY Pdf

Author : Graeme B. Dinwoodie
Publisher : Edward Elgar Publishing
Page : 267 pages
File Size : 43,6 Mb
Release : 2015-02-27
Category : Law
ISBN : 9781784714956

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Intellectual Property and General Legal Principles by Graeme B. Dinwoodie Pdf

The rule of lex specialis serves as an interpretative method to determine which of two contesting norms should be used to govern. In this book, the lex specialis label is broadly applied to intellectual property and connects a series of questions: What

Author : Ludovica Chiussi Curzi
Publisher : BRILL
Page : 404 pages
File Size : 53,9 Mb
Release : 2020-10-26
Category : Law
ISBN : 9789004440036

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General Principles for Business and Human Rights in International Law by Ludovica Chiussi Curzi Pdf

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.

Author : Mads Andenas,Malgosia Fitzmaurice,Attila Tanzi,Jan Wouters
Publisher : BRILL
Page : 474 pages
File Size : 53,8 Mb
Release : 2019-05-20
Category : Law
ISBN : 9789004390935

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General Principles and the Coherence of International Law by Mads Andenas,Malgosia Fitzmaurice,Attila Tanzi,Jan Wouters Pdf

General Principles and the Coherence of International Law offers a comprehensive analysis of general principles of law, assessing their role in guaranteeing the coherence of the international legal system.

Author : Charles T. Kotuby,Luke A. Sobota
Publisher : Oxford University Press
Page : 305 pages
File Size : 44,8 Mb
Release : 2017
Category : Law
ISBN : 9780190642709

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General Principles of Law and International Due Process by Charles T. Kotuby,Luke A. Sobota Pdf

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.

Author : N.N. Bogolubov,Anatoly A. Logunov,A.I. Oksak,I. Todorov
Publisher : Springer Science & Business Media
Page : 714 pages
File Size : 47,6 Mb
Release : 2012-12-06
Category : Science
ISBN : 9789400904910

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General Principles of Quantum Field Theory by N.N. Bogolubov,Anatoly A. Logunov,A.I. Oksak,I. Todorov Pdf

The majority of the "memorable" results of relativistic quantum theory were obtained within the framework of the local quantum field approach. The explanation of the basic principles of the local theory and its mathematical structure has left its mark on all modern activity in this area. Originally, the axiomatic approach arose from attempts to give a mathematical meaning to the quantum field theory of strong interactions (of Yukawa type). The fields in such a theory are realized by operators in Hilbert space with a positive Poincare-invariant scalar product. This "classical" part of the axiomatic approach attained its modern form as far back as the sixties. * It has retained its importance even to this day, in spite of the fact that nowadays the main prospects for the description of the electro-weak and strong interactions are in connection with the theory of gauge fields. In fact, from the point of view of the quark model, the theory of strong interactions of Wightman type was obtained by restricting attention to just the "physical" local operators (such as hadronic fields consisting of ''fundamental'' quark fields) acting in a Hilbert space of physical states. In principle, there are enough such "physical" fields for a description of hadronic physics, although this means that one must reject the traditional local Lagrangian formalism. (The connection is restored in the approximation of low-energy "phe nomenological" Lagrangians.

Author : Fabián Raimondo
Publisher : BRILL
Page : 236 pages
File Size : 40,8 Mb
Release : 2008-10-02
Category : Business & Economics
ISBN : 9789047431671

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General Principles of Law in the Decisions of International Criminal Courts and Tribunals by Fabián Raimondo Pdf

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.

Author : Norbert Reich
Publisher : Intersentia Uitgevers N V
Page : 244 pages
File Size : 43,5 Mb
Release : 2013
Category : Law
ISBN : 1780681763

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General Principles of EU Civil Law by Norbert Reich Pdf

This study focuses on a rapidly developing, but still highly controversial, area of EU law: the emergence of general principles with constitutional relevance for EU civil law guiding its interpretation, gap filling, and legality control. The book brings to light seven principles in the case law of the Court of Justice of the European Union and in the Charter of Fundamental Rights. Principles 1, 2, and 3 on framed autonomy, protection of the weaker party, and non-discrimination are now part of substantive EU law, mainly contract law. Principle 4 on effectiveness, together with the principle of equivalence, is an "old acquaintance" of EU law and has mostly to do with procedures, but can also be extended to cover substantive and remedial matters. Principles 5 and 6 on balancing and proportionality are primarily concerned with methodological questions: the first has to do with judicial interpretation and application of EU civil law, the second with legal-political questions on the future of a (questionable) codified or optional EU civil law, in particular sales law. Finally, Principle 7 on good faith is still an emerging principle, but is gradually gaining importance. This book will allow the reader to understand and to assess the current evolution of EU civil law, in days where its autonomous character is increasingly recognized in the case law of the Court, and where the Charter is having a growing impact on its constitutional foundations.

Author : Janneke Gerards
Publisher : Cambridge University Press
Page : 406 pages
File Size : 44,5 Mb
Release : 2023-06-30
Category : Political Science
ISBN : 9781009050937

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General Principles of the European Convention on Human Rights by Janneke Gerards Pdf

The European Convention on Human Rights is one of the world's most important and influential human rights documents. It owes its value mainly to the European Court of Human Rights, which applies the Convention rights in individual cases. This book offers insight into the concepts and principles that are key to understanding the European Convention and the Court's case law. It explains how the Court approaches its cases and its decision-making process, illustrated by numerous examples taken from the Court's judgments. Core issues discussed include types of Convention rights (such as absolute rights); the structure of the Court's Convention rights review; principles and methods of interpretation (such as common-ground interpretation and the use of precedent); positive and negative obligations; vertical and horizontal effect; the margin of appreciation doctrine; and the requirements for the restriction of Convention rights.

Author : Bruce Averill,Patricia Eldredge
Publisher : Unknown
Page : 1233 pages
File Size : 55,5 Mb
Release : 2007
Category : Chemistry
ISBN : 0321413709

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Chemistry by Bruce Averill,Patricia Eldredge Pdf

Emphasises on contemporary applications and an intuitive problem-solving approach that helps students discover the exciting potential of chemical science. This book incorporates fresh applications from the three major areas of modern research: materials, environmental chemistry, and biological science.

Author : Emmanuel Ugirashebuja,John Eudes Ruhangisa,Tom Ottervanger,Armin Cuyvers
Publisher : BRILL
Page : 553 pages
File Size : 52,8 Mb
Release : 2017-03-06
Category : Law
ISBN : 9789004322073

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East African Community Law by Emmanuel Ugirashebuja,John Eudes Ruhangisa,Tom Ottervanger,Armin Cuyvers Pdf

East African Community Law provides a comprehensive and open-access text book on EAC law. Written by leading experts, including the president of the EACJ, national judges, academics and practitioners, it provides the most complete overview to date of this increasingly important field. Uniquely, the book also provides a systematic comparison with EU law. EU companion chapters provide concise overviews of EU law and its development, offering valuable inspiration for the application and further development of EAC law. The book has been written for all practitioners, judges, civil servants, academics and students faced with questions of EAC law. It discusses institutional, substantive and jurisdictional issues, including the nature of EAC law, free movement and competition law as well as the reception of EAC law in Partner States.

Author : Chiara Amalfitano
Publisher : Edward Elgar Publishing
Page : 240 pages
File Size : 43,8 Mb
Release : 2018
Category : Electronic
ISBN : 9781786439437

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General Principles of EU Law and the Protection of Fundamental Rights by Chiara Amalfitano Pdf

This insightful book analyses the role that EU general principles have taken in the protection of fundamental rights within the EU since the Lisbon Treaty. In particular, the author focuses on the relationship between written law (the Charter of Fundamental Rights) and unwritten law (the general principles) within the institutional framework of the EU. The book demonstrates that due to their complementary and autonomous function toward the protection of fundamental rights, the general principles still play a key role within the Union despite the binding force of the Charter.

Author : Fulvio Maria Palombino
Publisher : Springer
Page : 189 pages
File Size : 49,5 Mb
Release : 2017-11-27
Category : Law
ISBN : 9789462652101

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Fair and Equitable Treatment and the Fabric of General Principles by Fulvio Maria Palombino Pdf

This book moves from the circumstance whereby currently the obligation to provide fair and equitable treatment (FET) to foreign investments is included in the majority of international investment agreements and has proved to be the most invoked standard in investor-State arbitration. Hence, it is no overstatement to describe this standard as the basic norm of international investment law. Yet both its meaning and normative basis continue to be shrouded in ambiguity and, as a consequence, to inspire a considerable number of interpretations by legal writers. The book’s precise aim is to unravel such ambiguity, arguing from the idea that FET has become part of the fabric of general international law, but has done so by means of a source somewhat neglected in legal doctrine. This being the category of general principles peculiar to a certain field of international law, i.e. those principles having their own foundations in the international legal order itself, but which, through the mediation of the judge, end up being shaped according to the features typical of a specific normative field. The book, as well as having a solid theoretical backdrop as its basis, offers a careful and critical analysis of pertinent case law, and will prove useful to both scholars and practitioners. Fulvio Maria Palombino is Professor of International Law at the Law Department of the University of Naples Federico II and a member of the Executive Board of the European Society of International Law.

Author : Gunter Zweig
Publisher : Elsevier
Page : 652 pages
File Size : 45,8 Mb
Release : 2013-09-11
Category : Technology & Engineering
ISBN : 9781483220819

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Principles, Methods, and General Applications by Gunter Zweig Pdf

Analytical Methods for Pesticides, Plant Growth Regulators, and Food Additives, Volume 1: Principles, Methods, and General Applications provides information on analytical techniques useful for the determination of pesticides, plant growth regulators, and food additives. The book discusses the potential hazard of minute residues to human and animal health; the principles of formulation and residue analyses; and the principles of food additive analysis. The text also describes the extraction and clean-up procedures; and the principles of toxicological testing methods. The methods for pesticide analysis in meat products; and the formulation and residue analysis in government laboratories are also considered. The book further tackles other methods, such as spectrophotometric methods, chromatography, isotope methods, enzymatic methods; and bioassay. Agricultural toxicologists and people studying pesticides and food additives will find the text invaluable.