General Principles and the Coherence of International Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook General Principles and the Coherence of International Law write by Mads Andenas. This book was released on 2019-05-20. General Principles and the Coherence of International Law available in PDF, EPUB and Kindle. 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.
General Principles as a Source of International Law
General Principles as a Source of International Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook General Principles as a Source of International Law write by Imogen Saunders. This book was released on 2021-02-25. General Principles as a Source of International Law available in PDF, EPUB and Kindle. 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.
The Sources of International Law
The Sources of International Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Sources of International Law write by Hugh Thirlway. This book was released on 2014-02. The Sources of International Law available in PDF, EPUB and Kindle. 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.
General Principles of Law - The Role of the Judiciary
General Principles of Law - The Role of the Judiciary - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook General Principles of Law - The Role of the Judiciary write by Laura Pineschi. This book was released on 2015-06-22. General Principles of Law - The Role of the Judiciary available in PDF, EPUB and Kindle. 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.
General Principles for Business and Human Rights in International Law
General Principles for Business and Human Rights in International Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook General Principles for Business and Human Rights in International Law write by Ludovica Chiussi Curzi. This book was released on 2020-10-26. General Principles for Business and Human Rights in International Law available in PDF, EPUB and Kindle. 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.
