General Principles
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Author | : Laura Pineschi |
Publisher | : Springer |
Total Pages | : 330 |
Release | : 2015-06-22 |
Genre | : Law |
ISBN | : 3319191802 |
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. |
Publisher | : Oxford University Press |
Total Pages | : 305 |
Release | : 2017-02-15 |
Genre | : Law |
ISBN | : 0190642726 |
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 | : Ludovica Chiussi Curzi |
Publisher | : BRILL |
Total Pages | : 404 |
Release | : 2020-10-26 |
Genre | : Law |
ISBN | : 9004440038 |
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 | : Fabián Raimondo |
Publisher | : BRILL |
Total Pages | : 236 |
Release | : 2008-11-30 |
Genre | : Law |
ISBN | : 9047431677 |
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 | : Janneke Gerards |
Publisher | : Cambridge University Press |
Total Pages | : 405 |
Release | : 2023-06-30 |
Genre | : Law |
ISBN | : 1316517535 |
Provides broad and deep insight in the core concepts and principles of the European Convention on Human Rights.
Author | : Mads Andenas |
Publisher | : BRILL |
Total Pages | : 474 |
Release | : 2019-05-20 |
Genre | : Law |
ISBN | : 9004390936 |
General Principles and the Coherence of International Lawprovides a collection of intellectually stimulating contributions from leading international lawyers to the discourse on the role of general principles in international law. Offering a comprehensive analysis of the doctrines, practices, and debates on general principles of law, the volume assesses their role in safeguarding the coherence of the international legal system. This important book addresses the relationship between principles of law and the other sources of international law, explores the interplay between principles of law and domestic and regional legal systems and the role of principles of law with regard to three specific regimes of international law: investment law, human rights law and environmental law.
Author | : Gerald M. Weinberg |
Publisher | : Dorset House Publishing Company, Incorporated |
Total Pages | : 0 |
Release | : 1988 |
Genre | : System analysis |
ISBN | : 9780932633071 |
Bring a Deeper Understanding of Systems to Software and System Development Originally titled On the Design of Stable Systems in its first, hardcover incarnation, in 1979, General Principles of Systems Design does not just focus on computer systems, but systems of all kinds--human, natural, and technological. In a highly readable, original presentation that embraces everything from depletion curves to the Feedback Principle (the method of controlling a system by reinserting it into the results of its past performance), the Weinbergs explore the subtle art and science of regulating systems, projects, and people in the most efficient and logical manner possible. The authors draw on their respective backgrounds in technology and social science to offer fresh insights and translate them into a language that anyone can understand. In the course of this presentation, the Weinbergs introduce a host of laws and theorems derived from the best thinking of systems thinkers over the past century. In addition to being a reference book for professional and lay people alike, General Principles of Systems Design is suitable as an undergraduate text in the humanities, social, natural, and engineering sciences. It is unique in its approach, highly readable, and offers practical ways of solving problems.
Author | : Chiara Amalfitano |
Publisher | : Edward Elgar Publishing |
Total Pages | : 209 |
Release | : |
Genre | : Civil rights |
ISBN | : 1786439433 |
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 | : Andrea Gattini |
Publisher | : BRILL |
Total Pages | : 475 |
Release | : 2018-05-29 |
Genre | : Law |
ISBN | : 9004368388 |
General Principles of Law in Investment Arbitration surveys the function of general principles in the field of international investment law, particularly in investment arbitration. The authors’ analysis provides a representative case study of how this informal source operates alongside and in the absence of other sources of applicable law. The contributions are divided into two parts, devoted respectively to substantive principles and procedural ones. The principles discussed in the book are selected for their currency in the practice, their contested nature and their relevance.
Author | : Thomas McIntyre Cooley |
Publisher | : |
Total Pages | : 426 |
Release | : 1880 |
Genre | : Constitutional law |
ISBN | : |