General Principles Of Law

Author : Laura Pineschi
Publisher : Springer
Page : 325 pages
File Size : 44,5 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 : Charles T. Kotuby, Jr.,Luke A. Sobota,Center for International Legal Education (CILE) University of Pittsburgh School of Law
Publisher : Oxford University Press
Page : 288 pages
File Size : 52,5 Mb
Release : 2017-02-15
Category : Law
ISBN : 9780190642723

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General Principles of Law and International Due Process by Charles T. Kotuby, Jr.,Luke A. Sobota,Center for International Legal Education (CILE) University of Pittsburgh School of Law 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 : 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 : Ludovica Chiussi Curzi
Publisher : BRILL
Page : 404 pages
File Size : 55,8 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 : Hugh Thirlway
Publisher : Oxford University Press
Page : 262 pages
File Size : 46,8 Mb
Release : 2014-02
Category : Law
ISBN : 9780199685394

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The Sources of International Law by Hugh Thirlway Pdf

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.

Author : BARBARA. BILLINGSLEY
Publisher : Unknown
Page : 128 pages
File Size : 42,9 Mb
Release : 2020
Category : Electronic
ISBN : 0433498617

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

Author : Fabián Raimondo
Publisher : BRILL
Page : 236 pages
File Size : 40,5 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 : Bin Cheng
Publisher : Cambridge University Press
Page : 0 pages
File Size : 54,8 Mb
Release : 2006-11-02
Category : Law
ISBN : 9780521030007

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General Principles of Law as Applied by International Courts and Tribunals by Bin Cheng Pdf

In this book, Cheng aims to inquire into the practical application of the general principles of law by international courts and tribunals.

Author : Chiara Amalfitano
Publisher : Edward Elgar Publishing
Page : 240 pages
File Size : 48,8 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 : Imogen Saunders
Publisher : Bloomsbury Publishing
Page : 304 pages
File Size : 42,8 Mb
Release : 2021-02-25
Category : Law
ISBN : 9781509936083

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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.

Author : Géza Herczegh
Publisher : Unknown
Page : 140 pages
File Size : 48,7 Mb
Release : 1969
Category : Law
ISBN : STANFORD:36105044427909

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General Principles of Law and the International Legal Order by Géza Herczegh Pdf

Author : Graeme B. Dinwoodie
Publisher : Edward Elgar Publishing
Page : 272 pages
File Size : 40,8 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 : Jerome Hall
Publisher : The Lawbook Exchange, Ltd.
Page : 656 pages
File Size : 48,7 Mb
Release : 2010
Category : Criminal law
ISBN : 9781584774983

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General Principles of Criminal Law by Jerome Hall Pdf

"The Most Important Treatise on Criminal Law Produced by American Legal Scholarship" First published to great acclaim in 1947, Hall's General Principles of Criminal Law is one of the undisputed classics in its field. It provides more than a broad overview. Drawing on his expertise in jurisprudence and the work of the legal realists, it analyzes the principles that comprise criminal activity with an emphasis on its creation and definition by officials. This process is explored in the chapters on criminology, criminal theory and penal theory and, in more specific terms, the chapters on legality, mens rea, harm, causation, punishment, strict liability, ignorance and mistake, necessity and coercion, mental disease, intoxication and criminal attempt. "For many years, our standard work on criminal law has been Bishop's. First published in 1856, Bishop's is the only American book in the field that has conspicuously influenced our criminal law. (...) When Jerome Hall's, General Principles of Criminal Law (1947) appeared, it represented the first significant effort to articulate the principles of criminal law since Bishop's era. Hall's work may, in fact, represent the most important treatise on criminal law produced by American legal scholarship." --Fred Cohen, Journal of Legal Education 16 (1963-64) 260.

Author : Andrea Gattini,Attila Tanzi,Filippo Fontanelli
Publisher : BRILL
Page : 475 pages
File Size : 53,8 Mb
Release : 2018-06-01
Category : Law
ISBN : 9789004368385

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General Principles of Law and International Investment Arbitration by Andrea Gattini,Attila Tanzi,Filippo Fontanelli Pdf

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.

Author : Theophilus Olakunie Dada
Publisher : Unknown
Page : 500 pages
File Size : 41,5 Mb
Release : 1998
Category : Electronic
ISBN : 9783168916

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General Principles of Law by Theophilus Olakunie Dada Pdf