Author: Marija Đorđeska Publisher: BRILL ISBN: 9004400184 Category : Law Languages : en Pages : 0
Book Description
In General Principles of Law Recognized by Civilized Nations (1922-2018) Marija Đorđeska offers a comprehensive and innovative account of the origins, theory and application of the general principles as ascertained in the jurisprudence of the Permanent Court of International Justice and International Court of Justice between 1922 and 2018.
Author: Laura Pineschi Publisher: Springer ISBN: 3319191802 Category : Law Languages : en Pages : 330
Book Description
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: Piotr Szwedo Publisher: BRILL ISBN: 9004382895 Category : Law Languages : en Pages : 402
Book Description
Cross-border Water Trade: Legal and Interdisciplinary Perspectives is a critical assessment of one of the growing problems faced by the international community — the global water deficit. Cross-border water trade is a solution that generates ethical and economic but also legal challenges. Economic, humanitarian and environmental approaches each highlight different and sometimes conflicting aspects of the international commercialization of water. Finding an equilibrium for all the dimensions required an interdisciplinary path incorporating certain perspectives of natural law. The significance of such theoretical underpinnings is not merely academic but also quite practical, with concrete consequences for the legal status of water and its fitness for international trade.
Author: Giovanni Distefano Publisher: BRILL ISBN: 9004396691 Category : Law Languages : en Pages : 991
Book Description
Fundamentals of Public International Law, by Giovanni Distefano, provides an overview of public international law’s main principles and fundamental institutions. By introducing the foundations of the legal reasoning underlying public international law, the extensive volume offers essential tools for any international lawyer, regardless of the specific field of specialization. Dealing expansively with subjects, sources and guarantees of international law, university students, scholars and practitioners alike will benefit from the book’s treatment of what has been called the “Institutes” of public international law.
Author: Samantha Besson Publisher: Oxford University Press ISBN: 0198745362 Category : Law Languages : en Pages : 1233
Book Description
This Oxford Handbook examines the sources of international law, how the understanding of sources changed throughout the history of international law; how the main legal theories understood sources; the relationship between sources and the legitimacy of international law; and how sources differ across the various sub-areas of international law.
Author: Mads Andenas Publisher: BRILL ISBN: 9004390936 Category : Law Languages : en Pages : 474
Book Description
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: Raul C Pangalangan Publisher: BRILL ISBN: 9004469729 Category : Law Languages : en Pages : 509
Book Description
The most authoritative international law documents in Philippine history are brought together in one book for the first time. These are primary materials that illuminate Philippine interpretations of international law doctrine.
Author: Andrea Gattini Publisher: BRILL ISBN: 9004435654 Category : Law Languages : en Pages : 232
Book Description
This book reflects on how the concept of human dignity, a central and classical concept in public international law, is used to protect the rights of particularly vulnerable sectors of contemporary society.
Author: Bertrand G. Ramcharan Publisher: BRILL ISBN: 9004303146 Category : Law Languages : en Pages : 300
Book Description
This book is a study of the future of international law as well as the future of the United Nations. It is the first study ever bringing together the laws, policies and practices of the UN for the protection of the earth, the oceans, outer space, human rights, victims of armed conflicts and of humanitarian emergencies, the poor, the vulnerable and the disadvantaged world-wide. It reviews unprecedented dangers and challenges facing humanity such as climate change and weapons of mass destruction, and argues that the international law of the future must become an international law of security and of protection. It submits that the concept of international security in the UN Charter can no longer be restricted to situations of armed conflict but must be given its natural meaning: whatever threatens the security of humanity. It calls for the Security Council to perform its role as the guardian of the security of humankind and sees a leadership role for the UN Secretary-General in analysing and presenting challenges of international security and protection to the Security Council for its attention. Written by a seasoned scholar / practitioner of international law and the United Nations, who has served in key policy, peacemaking, peacekeeping and human rights positions in the United Nations, this book offers indispensable new vistas of international law and policy, and the future role of the United Nations.
Author: Marija Đorđeska
Author: Laura Pineschi
Author: Piotr Szwedo
Author: Giovanni Distefano
Author: Samantha Besson
Author: Mads Andenas
Author: Raul C Pangalangan
Author: Andrea Gattini
Author: Bertrand G. Ramcharan
Author: United Nations. Codification Division