Judicial Control of Foreign Evidence in Comparative Perspective PDF Download

Author: Chantal Joubert
Publisher: Rozenberg Publishers
ISBN: 9036191327
Category : Law
Languages : en
Pages : 166

View

Book Description
Discusses judicial control of foreign evidence in comparative perspective

Author: Daniel Peat
Publisher: Cambridge University Press
ISBN: 9781108401470
Category : Law
Languages : en
Pages : 292

View

Book Description
Domestic law has long been recognised as a source of international law, an inspiration for legal developments, or the benchmark against which a legal system is to be assessed. Academic commentary normally re-traces these well-trodden paths, leaving one with the impression that the interaction between domestic and international law is unworthy of further enquiry. However, a different - and surprisingly pervasive - nexus between the two spheres has been largely overlooked: the use of domestic law in the interpretation of international law. This book examines the practice of five international courts and tribunals to demonstrate that domestic law is invoked to interpret international law, often outside the framework of Articles 31 to 33 of the Vienna Convention on the Law of Treaties. It assesses the appropriateness of such recourse to domestic law as well as situating the practice within broader debates regarding interpretation and the interaction between domestic and international legal systems.

Author: Pedro J. Martinez-Fraga
Publisher: Cambridge University Press
ISBN: 110715152X
Category : Law
Languages : en
Pages : 479

View

Book Description
Addresses the US common law and its doctrinal contribution to transparency, arbitrator immunity and evidence gathering in international commercial arbitration.

Author: Martyna Kusak
Publisher: Maklu
ISBN: 9046608409
Category : Law
Languages : en
Pages : 245

View

Book Description
Any effort to gather evidence may prove pointless without ensuring its admissibility. Nevertheless, the EU, while developing instruments for smooth gathering of evidence in criminal matters, is not taking much effort to enhance its admissibility. Due to the lack of common rules in this matter, gathering and use of evidence in the EU cross-border context is still governed by the domestic law of the member states concerned. This may lead to situations where, given the differences between legal systems across the EU, evidence collected in one member state will not be admissible in other member states. Due to the fact that the Lisbon Treaty opened the possibility to adopt minimum rules concerning, among other things, the mutual admissibility of evidence, this research investigates the concept of minimum standards designed to enhance mutual admissibility of evidence in the EU. Through a study of two investigative measures, telephone tapping and house search, the author examines whether coming to various common minimum standards is feasible and whether compliance with these standards would finally shape the as yet nonexistent concept of the free movement and mutual recognition of evidence in criminal matters in the EU. Essential reading for both national and EU policy makers, scholars and practitioners involved in cross-border gathering of evidence in the EU.

Author: Tom Ginsburg
Publisher: Edward Elgar Publishing
ISBN: 0857931210
Category : Law
Languages : en
Pages : 681

View

Book Description
This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.

Author: Vivienne de Vogel
Publisher: Rozenberg Publishers
ISBN: 9036193028
Category :
Languages : en
Pages : 208

View

Book Description

Author: Clark Butler
Publisher: Purdue University Press
ISBN: 9781557534279
Category : History
Languages : en
Pages : 202

View

Book Description
Neither journalistic nor sensationalistic eye-witness accounts, this is the first book of serious reflection on the moral background and issues of internal legality surrounding the events of Guantanamo Bay.

Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216

View

Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Author: Vincenzo Zeno-Zencovich
Publisher: Roma TrE-Press
ISBN: 8832136201
Category : Law
Languages : it
Pages : 132

View

Book Description
La nuova edizione di questa Introduzione ai Sistemi giuridici comparati è stata aggiornata ed arricchita con una serie di illustrazioni seguendo il movimento del “Legal design”. Nel volume i sistemi giuridici sono visti come un insieme in cui ogni parte di essi è in relazione con le altre ed in un contesto globale con il quale sono in osmosi. Il volume è suddiviso in otto capitoli dedicati a: 1. Sistemi democratici. 2. Valori. 3. Il governo. 4. La dimensione economica. 5. Il ‘Welfare state’. 6. La repressione dei reati. 7. Giudici e giurisdizione. 8. Modelli per un mondo globalizzato.

Author: Chile Eboe-Osuji
Publisher: BRILL
ISBN: 9004189572
Category : Law
Languages : en
Pages : 908

View

Book Description
Navi Pillay is a modern icon in the world’s efforts to protect humanity through international law and policy. She played a leading role in the multi-national operation to clean up the humanitarian dross left on the essence of modern civilization by the Rwandan Genocide of 1994. Her contributions in that effort were in virtue of her role as a judge—and, eventually, as the President—of the International Criminal Tribunal for Rwanda. From there, she went on to serve as one of the first appeal judges at the newly established International Criminal Court—another international endeavour aimed at protecting humanity through law. In time, she was fittingly appointed the United Nations High Commissioner for Human Rights, just ahead of a call to honour her with a book of essays in international law and policy, for the contributions that she had already made in the international enterprise of protecting humanity. Inspired by Pillay, some of the modern legends and experts in international law and policy have, in this volume, shared their experiences and thoughts on how better to protect humanity in our time. In the book, we read the wise words of Nobel laureates and other envoys of peace, renowned international judges and famous scholars, as well as those of energetic younger minds with great promise. Some chapters are in French.