General Principles Of Law And International Due Process
Download General Principles Of Law And International Due Process full books in PDF, epub, and Kindle. Read online free General Principles Of Law And International Due Process ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!
General Principles of Law and International Due Process
Author | : Charles T. Kotuby,Luke A. Sobota |
Publsiher | : Oxford University Press |
Total Pages | : 305 |
Release | : 2017 |
Genre | : Law |
ISBN | : 9780190642709 |
Download General Principles of Law and International Due Process Book in PDF, Epub and Kindle
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.
General Principles for Business and Human Rights in International Law
Author | : Ludovica Chiussi Curzi |
Publsiher | : BRILL |
Total Pages | : 404 |
Release | : 2020-10-26 |
Genre | : Law |
ISBN | : 9789004440036 |
Download General Principles for Business and Human Rights in International Law Book 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.
General Principles of Law as Applied by International Courts and Tribunals
Author | : Bin Cheng |
Publsiher | : Cambridge University Press |
Total Pages | : 0 |
Release | : 2006-11-02 |
Genre | : Law |
ISBN | : 9780521030007 |
Download General Principles of Law as Applied by International Courts and Tribunals Book in PDF, Epub and Kindle
In this book, Cheng aims to inquire into the practical application of the general principles of law by international courts and tribunals.
Beyond Human Rights
Author | : Anne Peters |
Publsiher | : Cambridge University Press |
Total Pages | : 645 |
Release | : 2016-10-27 |
Genre | : Law |
ISBN | : 9781107164307 |
Download Beyond Human Rights Book in PDF, Epub and Kindle
Beyond Human Rights, previously published in German and now available in English, is a historical and doctrinal study about the legal status of individuals in international law.
Due Process and International Terrorism
Author | : Roza Pati |
Publsiher | : Martinus Nijhoff Publishers |
Total Pages | : 533 |
Release | : 2009 |
Genre | : Law |
ISBN | : 9789004172388 |
Download Due Process and International Terrorism Book in PDF, Epub and Kindle
Acts of terror on a global scale are straining to the breaking point the due process guarantees of the legal systems of modern democracies. In unequalled breadth and depth, this book analyzes the rights of persons suspected of a crime, in normal times and emergencies, from the pre-trial phase to the trial and the post-trial period under all the universal and regional human rights treaty regimes, pertinent customary international law, general principles of law, international humanitarian law as well as the hybrid procedures developed by international criminal tribunals. The book then presents a detailed analysis of United States due process guarantees, in peacetime and in war, and the executive, legislative and judicial responses to the attacks of September 11, 2001. Professor Pati appraises the American actions in terms of international law s due process guarantees and proposes courses of action which can better defend a public order of human dignity.
The Sources of International Law
Author | : Hugh Thirlway |
Publsiher | : Oxford University Press |
Total Pages | : 262 |
Release | : 2014-02 |
Genre | : Law |
ISBN | : 9780199685394 |
Download The Sources of International Law Book 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.
Fair and Equitable Treatment and the Fabric of General Principles
Author | : Fulvio Maria Palombino |
Publsiher | : Springer |
Total Pages | : 189 |
Release | : 2017-11-27 |
Genre | : Law |
ISBN | : 9789462652101 |
Download Fair and Equitable Treatment and the Fabric of General Principles Book in PDF, Epub and Kindle
This book moves from the circumstance whereby currently the obligation to provide fair and equitable treatment (FET) to foreign investments is included in the majority of international investment agreements and has proved to be the most invoked standard in investor-State arbitration. Hence, it is no overstatement to describe this standard as the basic norm of international investment law. Yet both its meaning and normative basis continue to be shrouded in ambiguity and, as a consequence, to inspire a considerable number of interpretations by legal writers. The book’s precise aim is to unravel such ambiguity, arguing from the idea that FET has become part of the fabric of general international law, but has done so by means of a source somewhat neglected in legal doctrine. This being the category of general principles peculiar to a certain field of international law, i.e. those principles having their own foundations in the international legal order itself, but which, through the mediation of the judge, end up being shaped according to the features typical of a specific normative field. The book, as well as having a solid theoretical backdrop as its basis, offers a careful and critical analysis of pertinent case law, and will prove useful to both scholars and practitioners. Fulvio Maria Palombino is Professor of International Law at the Law Department of the University of Naples Federico II and a member of the Executive Board of the European Society of International Law.
Due Process and Fair Trial in EU Competition Law
Author | : Cristina Teleki |
Publsiher | : BRILL |
Total Pages | : 392 |
Release | : 2021-05-17 |
Genre | : Business & Economics |
ISBN | : 9789004447493 |
Download Due Process and Fair Trial in EU Competition Law Book in PDF, Epub and Kindle
In Due Process and Fair Trial in EU Competition Law, Cristina Teleki addresses the complex relationship between Articles 101 and 102 of the Treaty on the Functioning of the European Union and Article 6 of the European Convention on Human Rights. The book is built around the idea that big business can threaten democracy. Due process and fair trial should be central to the process of addressing bigness through competition law, by safeguarding independent decision-making and judicial review and by preventing competition authorities from growing into administrative behemoths threatening democracy from inside. To show this, the book combines a comprehensive review of the case-law of the European Court of Human Rights with insight from economics, psychology and systems theory.