General Principles And The Coherence Of International Law
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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.
The Principle of Systemic Integration by Gabriel Orellana Zabalza Pdf
This dissertation analyzes whether or not the principle of systemic integration - as expounded in Article 31(3)(c) of the Vienna Convention on the Law of Treaties - contributes to attainment of a coherent international legal system. For this purpose, the book considers three general ideas: the "unity" of the international legal system and fragmentation; the general rule on treaty interpretation and the principle of systemic integration; and the role of systemic integration in the achievement of coherence. Each one involves specific issues and considerations which ultimately assist in addressing the main question as to the usefulness of the principle in the curtailment of fragmentation in the international legal system. Dissertation. (Series: Cologne Studies in International and European Law / Kolner Schriften zum internationalen und europaischen Recht - Vol. 24)
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.
Principles of International Law by Hans Kelsen Pdf
Kelsen, Hans. Principles of International Law. New York: Rinehart & Company, Inc. [1952]. xvii, 461 pp. Reprinted 2003 by The Lawbook Exchange, Ltd. ISBN 1-58477-325-1. Cloth. $85. * Upon his retirement from the faculty of University of California at Berkeley in 1952, noted legal philosopher and political scientist Hans Kelsen [1881-1973] produced arguably this his most important work, "... a systematic study of the most important aspects of international law, including international delicts and sanctions, reprisals, the spheres of validity and the essential function of international law, creation and application of international law and national law." Nicoletta Bersier Ladavac, "Hans Kelsen (1881 - 1973) Biographical Note and Bibliography," European Journal of International Law Vol. 9 (1998) No. 2.
Author : Charles T. Kotuby,Luke A. Sobota Publisher : Oxford University Press Page : 305 pages File Size : 45,6 Mb Release : 2017 Category : Law ISBN : 9780190642709
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.
The Making of International Law by Alan Boyle,Christine Chinkin Pdf
This is a study of the principal negotiating processes and law-making tools through which contemporary international law is made. It does not seek to give an account of the traditional - and untraditional - sources and theories of international law, but rather to identify the processes, participants and instruments employed in the making of international law. It accordingly examines some of the mechanisms and procedures whereby new rules of law are created or old rules are amended or abrogated. It concentrates on the UN, other international organisations, diplomatic conferences, codification bodies, NGOs, and courts. Every society perceives the need to differentiate between its legal norms and other norms controlling social, economic and political behaviour. But unlike domestic legal systems where this distinction is typically determined by constitutional provisions, the decentralised nature of the international legal system makes this a complex and contested issue. Moreover, contemporary international law is often the product of a subtle and evolving interplay of law-making instruments, both binding and non-binding, and of customary law and general principles. Only in this broader context can the significance of so-called 'soft law' and multilateral treaties be fully appreciated. An important question posed by any examination of international law-making structures is the extent to which we can or should make judgments about their legitimacy and coherence, and if so in what terms. Put simply, a law-making process perceived to be illegitimate or incoherent is more likely to be an ineffective process. From this perspective, the assumption of law-making power by the UN Security Council offers unique advantages of speed and universality, but it also poses a particular challenge to the development of a more open and participatory process observable in other international law-making bodies.
Author : Thomas Joseph Lawrence Publisher : Unknown Page : 682 pages File Size : 48,9 Mb Release : 1895 Category : International law ISBN : UOM:39015031658712
The General Principles of Law as Applied by International Tribunals to Disputes on Attribution and Exercise of State Jurisdiction by Alexander Marie Stuyt Pdf
When war is being waged, man is inclined to ask himself whether only force is governing the relations between States. War, it is argued, rests on a fact, not on law, and so the existence of international law, asa body of rules applicable to the relations between States or to the relations between States and international institutions, is called into question. Is international law-both the law of peace and of war-really based on general principles of law, such as domestic law, or is it but a conception of the spirit? The problem of the significance of general principles in international law has already been examined bi; many authors, especially in relation to article 38 {sect} 3 of the Statute of the Permanent Court of International Justice, which Court is to apply, apart from international conventions and custom, "the general principles of law recognized bij civilized nations." The purpose of this study was to construct a new method of inquiry into the general principles, upon which international law is based. International law is unwritten law. Its positive rules must be sought in treaty texts, diplomatic correspondence, or decisions of interna tional tribunals. The latter material will be especially used in this study, so as to avoid data of a rather political and subjective nature. Moreover, the international judge or arbitrator is mostly asked to 1 apply general rules of international law.
Research Handbook on General Principles in EU Law by Ziegler, Katja S.,Neuvonen, Päivi J.,Moreno-Lax, Violeta Pdf
This Research Handbook offers a comprehensive study of existing and emerging general principles of EU law by scholars from a wide range of expertise in EU law, international law, legal theory and different areas of substantive law. It explores the theory, content, role and function of general principles in EU law to better understand general principles as a mechanism for the substantive openness of the EU legal order as well as for cross-fertilization and coherence of legal orders. Their potential as a tool to manage the interaction of legal regimes and orders is a particular focal point and will make this Handbook a must-read for scholars of EU Law.
General Principles of Law Recognized by Civilized Nations (1922-2018) by Marija Đorđeska Pdf
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 European Private International Law by Stefan Leible Pdf
Because of the rapid increase in the number of legal instruments of the European Union on conflict of laws, European private international law is in danger of becoming incoherent. Here, 20 scholars address whether a set of overarching rules is required and whether an EU regulation is the adequate legal instrument for such a purpose.
General Principles as a Source of International Law by Imogen Saunders Pdf
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.
A Farewell to Fragmentation by Mads Tønnesson Andenæs,Eirik Bjorge Pdf
Exploring the role of the International Court of Justice in the re-convergence of international law, this book contends that the court's jurisprudence is transforming traditional concepts such as sovereignty, rights and jurisdiction and in so doing is leading a trend towards the reunification of international law.
Principles of International Law by Stephen Hall Pdf
Principles of International Law explains and illustrates the cardinal concepts of international law from an Australian perspective. It provides an authoritative yet accessible guide to the structure of international law, its systemic requirements and major substantive topics while reflecting recent teaching trends in Australian universities.Each chapter contains a clear statement of objectives, a list of key instruments and authorities, a lucid statement of the law, original analysis, extracts from relevant treaties and other international instruments, and helpful case summaries and extracts. Problem questions and suggested arguments for use in answering them are included, and further discussion questions are provided. An appendix of basic documents is included for convenient quick reference. The fourth edition of Principles of International Law is updated and revised to incorporate current developments in international law across a wide range of areas. Recent decisions from the International Court of Justice and other international and domestic tribunals have been added. It includes new sections on responsibility to protect, terrorism, sovereign immunity, and mens rea and general defences in international criminal law.In an increasingly global society, a clear understanding of the principles of international law is invaluable. This text provides clear guidance to scholars, legal practitioners and students of law or international relations seeking to improve their knowledge and extend their understanding of this important subject. Features• Includes important recent curial and arbitral decisions, treaties, developments in customary law, and the work of international agencies such as the International Law Commission• Jargon-free explanations provide a thorough understanding of core concepts• Extensive pedagogic features• Relevant international source documents included in Appendix• Comprehensive, current and reliable coverage of key topicsRelated LexisNexis TitlesTriggs, International Law: Contemporary Principles and Practices, 2nd ed, 2011Hall, Law of Contract in Hong Kong: Cases and Commentary, 3rd ed, 2011
