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Author : Clarence Wilfred Jenks
Publisher : Unknown
Page : 508 pages
File Size : 48,8 Mb
Release : 1958
Category : International law
ISBN : UVA:X000390869
Author : C. Wilfred Jenks
Publisher : Unknown
Page : 456 pages
File Size : 47,9 Mb
Release : 2003-01
Category : Electronic
ISBN : 0758161956
Author : Jeremy Waldron
Publisher : Yale University Press
Page : 306 pages
File Size : 50,5 Mb
Release : 2012-05-29
Category : Political Science
ISBN : 9780300148657
Should judges in United States courts be permitted to cite foreign laws in their rulings? In this book Jeremy Waldron explores some ideas in jurisprudence and legal theory that could underlie the Supreme Court's occasional recourse to foreign law, especially in constitutional cases. He argues that every society is governed not only by its own laws but partly also by laws common to all mankind (ius gentium). But he takes the unique step of arguing that this common law is not natural law but a grounded consensus among all nations. The idea of such a consensus will become increasingly important in jurisprudence and public affairs as the world becomes more globalized.
Author : Kemal Baslar
Publisher : BRILL
Page : 460 pages
File Size : 55,6 Mb
Release : 2024-02-06
Category : Law
ISBN : 9789004635227
The concept of the common heritage of mankind is one of the most extraordinary developments in recent intellectual history and one of the most revolutionary and radical legal concepts to have emerged in recent decades. The year 1997 marks the thirtieth anniversary of the advent of the concept in the domain of public international law. Ever since its emergence, it has become evident that no other concept, notion, principle or doctrine has brought as much intensive debate, controversy, confrontation and speculation as the common heritage phenomenon did. This is because it is a philosophical idea that questions the regimes of globally important resources regardless of their situation, and requires major changes in the world to apply its provisions. In other words, the application and enforcement of the common heritage of mankind require a critical reexamination of many well-established principles and doctrines of classical international law, such as acquisition of territory, consent-based sources of international law, sovereignty, equality, resource allocation and international personality. This book aims to explore the legal theory and implications of the concept of the common heritage of mankind. It addresses almost all aspects of the concept in the light of the experience of three decades. The author takes into account the elements of the common heritage concept in the fields of jurisprudence, outer space law, the law of the sea, the law of Antarctica, international environmental law, human rights and general principles of public international law. It tries to develop a normative framework through which the concept may offer alternatives for the governance of the global commons.
Author : Theodore Frank Thomas Plucknett
Publisher : The Lawbook Exchange, Ltd.
Page : 828 pages
File Size : 47,6 Mb
Release : 2001
Category : Common law
ISBN : 9781584771371
Originally published: 5th ed. Boston: Little, Brown and Co., 1956.
Author : Kemal Baslar
Publisher : Martinus Nijhoff Publishers
Page : 468 pages
File Size : 41,6 Mb
Release : 1998
Category : Law
ISBN : 9041105050
The concept of the common heritage of mankind is one of the most extraordinary developments in recent intellectual history and one of the most revolutionary and radical legal concepts to have emerged in recent decades. The year 1997 marks the thirtieth anniversary of the advent of the concept in the domain of public international law. Ever since its emergence, it has become evident that no other concept, notion, principle or doctrine has brought as much intensive debate, controversy, confrontation and speculation as the common heritage phenomenon did. This is because it is a philosophical idea that questions the regimes of globally important resources regardless of their situation, and requires major changes in the world to apply its provisions. In other words, the application and enforcement of the common heritage of mankind require a critical reexamination of many well-established principles and doctrines of classical international law, such as acquisition of territory, consent-based sources of international law, sovereignty, equality, resource allocation and international personality. This book aims to explore the legal theory and implications of the concept of the common heritage of mankind. It addresses almost all aspects of the concept in the light of the experience of three decades. The author takes into account the elements of the common heritage concept in the fields of jurisprudence, outer space law, the law of the sea, the law of Antarctica, international environmental law, human rights and general principles of public international law. It tries to develop a normative framework through which the concept may offer alternatives for the governance of the global commons.
Author : Ruben Alvarado
Publisher : WordBridge Publishing
Page : 275 pages
File Size : 47,5 Mb
Release : 2019-09-01
Category : Law
ISBN : 8210379456XXX
It is no secret that Western civilization is under siege. Outside the gates, the world demands a share of the wealth as well as the power that the West enjoys. Inside the gates, the Western way of life is challenged by those who demand fundamental change in the direction of social justice. Upon closer inspection, Western civilization evinces a divergence within itself. It proves to comprise two blocs, with opposing agendas and opposing ideologies. The one bloc is located within the Anglo-American orbit, the other within the orbit of Continental Europe. This explains the drive toward European Union. The EU gives formal shape to this ideological coherence among the Continental European nations. By the same token, it explains the drive toward “Brexit” in the United Kingdom, the UK being part of the Anglo-American orbit. This perspective opens the door to understanding the dynamic of global politics. Far from being a case of the “West versus the Rest,” the global political dynamic is driven by this divergence within Western civilization itself. The drive toward global governance, universal jurisdiction, the normalization of the sexual revolution, the climate change agenda, are all expressions, not of the rest of the world, but of the West, and within the West, of the Continental European bloc. As such, this is a question of how we are to understand the law of nations: what is sovereignty, and where is it located? This also explains why the USA inevitably stands in the way of the Continental European agenda. Its tradition, its ideology, is fundamentally other, and the two cannot be reconciled. This also explains unrelenting anti-Americanism even in the USA itself, propagated by media, academia, even political parties. The ideological split runs right through American society itself, weakening it from within. For the one tradition is home-grown, the other is imported. How are we to explain this divergence? Where did these two opposing orientations come from? What more can be said about their conflict, and what will be the result of it? These are the questions raised in A Common Law. Published on the 20th anniversary of the first edition, this second edition includes the first edition in its entirety, and supplements it with running commentary as well as additional material bringing the issues forward to the situation post-2016.
Author : Thomas Cottier,Zaker Ahmad
Publisher : Cambridge University Press
Page : 491 pages
File Size : 50,5 Mb
Release : 2021-05-13
Category : Business & Economics
ISBN : 9781108840088
Presents the emerging principle of Common Concern of Humankind as legal response and to serious collective action crises.
Author : Motilal Chimanlal Setalvad
Publisher : Unknown
Page : 276 pages
File Size : 40,8 Mb
Release : 1970
Category : Common law
ISBN : UCAL:B3455489
Author : Larry McClurg
Publisher : Unknown
Page : 386 pages
File Size : 43,7 Mb
Release : 2018-05-16
Category : Electronic
ISBN : 1981039791
Common law is the unwritten law, the will of mankind issuing from the life of the people. It existed long before the state or federal government or the Constitution. The law is cause no harm or loss to another man. It is so simple children can comprehend it. Do no harm, injury, or damage to life, liberty, or property of another is the only man made law binding on all.The only law mentioned in the Constitution for the United States of America is common law. Common law works the same in any common law country when it is based on Magna Carta and the Common Law of the people of England. The purpose of my book is to educate Americans on their common law heritage as it stands today.All of our courts are courts of record. A court of record doesn't simply mean the court is recording what you say, although that is what the legal system would sometimes have you believe. What it really means is that the court proceeds at common law without statutes or codes. Then why do courts seem to use statutes and codes? Courts designated as courts of record may act as statutory courts unless a party to a case objects. But who knew you can object to the court using statutes?The authority of a court of record at the common law comes from unalienable fundamental rights and may not be submitted to vote, and is not dependent on the Constitution or the outcome of elections. Courts of record proceed according to the course of the common law, without the aid of a statute or code. [Corpus Juris Secundum vol 25 section 344 ].Inferior courts are any courts that use statutes or codes. "Inferior courts" are those whose jurisdiction is limited and special and whose proceedings are not according to the course of the common law." [cf. Ex Parte Kearny, 55 Cal. 212; Smith v. Andrews, 6 Cal. 652]. Inferior criminal legislative and civil administrative courts may be sued directly, collaterally by a court of record at common law review without appealing, thus voiding inferior orders and judgments [c.f. Corpus Juris Vol XVII § § 3265-3268 (1919)].The "judge" has no discretion in a court of record at common law, and can only do ministerial functions, such as signing your orders. No judgment of a court of record can be appealed to the Supreme Court or an inferior court except by the rules of common law. There is no higher court. "The judgment of a court of record whose jurisdiction is final is as conclusive on all the world as the judgment of this Court would be. It is as conclusive on this Court as on other courts. It puts an end to inquiry concerning the fact by deciding it." - Chief Justice Marshall. Ex Parte Watkins, 28 U.S. 3 Pet. 193 (1830)."It is not possible to move a single step in any judicial or legislative proceeding, or to execute any part of our statutes, or of our constitution, without having recourse to the common law." [cf. 8 U.S. 75 (1807)].Constitutions can never establish Common Law, for then all Power would not be in the People, but would be in the Constitution which is only a piece of paper, and the People's right to redress grievances or to amend, change, or address any problem could not be. Governments are mere pieces of paper to be altered and changed to the whim of the living souls. Corporations are mere pieces of paper that government can change and alter at its whim.
Author : Edwin Egede
Publisher : Springer Science & Business Media
Page : 301 pages
File Size : 41,9 Mb
Release : 2011-03-22
Category : Law
ISBN : 9783642176623
This book seeks to fill a gap in the existing literature by examining the role of African States in the development and establishment of the regime of the deep seabed beyond national jurisdiction (the Area) and the concept of the Common Heritage of Mankind.
Author : Frederick Pollock
Publisher : Legare Street Press
Page : 0 pages
File Size : 54,6 Mb
Release : 2022-10-27
Category : History
ISBN : 1015956173
This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Author : Antônio Augusto Cançado Trindade
Publisher : Martinus Nijhoff Publishers
Page : 753 pages
File Size : 40,6 Mb
Release : 2013-06-17
Category : Law
ISBN : 9789004255074
This volume is an updated and revised version of the General Course on Public International Law delivered by the Author at The Hague Academy of International Law in 2005. Professor Cançado Trindade, Doctor honoris causa of seven Latin American Universities in distinct countries, was for many years Judge of the Inter-American Court of Human Rights, and President of that Court for half a decade (1999-2004). He is currently Judge of the International Court of Justice; he is also Member of the Curatorium of The Hague Academy of International Law, as well as of the Institut de Droit International, and of the Brazilian Academy of Juridical Letters.
Author : Frederick Pollock,Frederic William Maitland
Publisher : Unknown
Page : 740 pages
File Size : 54,8 Mb
Release : 1898
Category : Law
ISBN : UOM:39015008855374
Author : Emer de Vattel
Publisher : Unknown
Page : 668 pages
File Size : 51,5 Mb
Release : 1856
Category : International law
ISBN : HARVARD:32044103162251
