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| Author | : Mads Andenas |
| Publisher | : BRILL |
| Total Pages | : 474 |
| Release | : 2019-05-20 |
| Genre | : Law |
| ISBN | : 9004390936 |
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 | : Mads Andenas |
| Publisher | : Queen Mary Studies in Internat |
| Total Pages | : 460 |
| Release | : 2019 |
| Genre | : Law |
| ISBN | : 9789004390928 |
General principles and the other sources of international law -- The interplay with national and regional legal systems -- General principles and international investment law -- General principles and international human rights law -- General principles and international environmental law.
| Author | : Laura Pineschi |
| Publisher | : Springer |
| Total Pages | : 325 |
| 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 | : Ziegler, Katja S. |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 656 |
| Release | : 2022-04-22 |
| Genre | : Political Science |
| ISBN | : 1784712388 |
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.
| Author | : Imogen Saunders |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 304 |
| Release | : 2021-02-25 |
| Genre | : Law |
| ISBN | : 1509936084 |
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 | : Bin Cheng |
| Publisher | : Cambridge University Press |
| Total Pages | : 0 |
| Release | : 2006-11-02 |
| Genre | : Law |
| ISBN | : 0521030005 |
In this book, Cheng aims to inquire into the practical application of the general principles of law by international courts and tribunals.
| Author | : Charles T. Kotuby |
| Publisher | : Oxford University Press |
| Total Pages | : 305 |
| Release | : 2017 |
| Genre | : Law |
| ISBN | : 019064270X |
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 | : Jean-Marie Henckaerts |
| Publisher | : Cambridge University Press |
| Total Pages | : 610 |
| Release | : 2005-03-03 |
| Genre | : Law |
| ISBN | : 0521808995 |
Customary International Humanitarian Law, Volume I: Rules is a comprehensive analysis of the customary rules of international humanitarian law applicable in international and non-international armed conflicts. In the absence of ratifications of important treaties in this area, this is clearly a publication of major importance, carried out at the express request of the international community. In so doing, this study identifies the common core of international humanitarian law binding on all parties to all armed conflicts. Comment Don:RWI.
| Author | : Hans Kelsen |
| Publisher | : The Lawbook Exchange, Ltd. |
| Total Pages | : 480 |
| Release | : 2003 |
| Genre | : International law |
| ISBN | : 1584773251 |
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 | : Frank Haldemann |
| Publisher | : Oxford University Press |
| Total Pages | : 481 |
| Release | : 2018 |
| Genre | : Law |
| ISBN | : 0198743602 |
Bringing together leading experts in the field, this volume provides comprehensive academic commentary on the UN Principles to Combat Impunity. The book features the text of each of the 38 Principles, along with a full analysis, detailed commentary, and a guide to relevant literature and case law.
