General Principles Of Law And International Due Process
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Author |
: Charles T. Kotuby |
Publisher |
: Oxford University Press |
Total Pages |
: 305 |
Release |
: 2017 |
ISBN-10 |
: 9780190642709 |
ISBN-13 |
: 019064270X |
Rating |
: 4/5 (09 Downloads) |
Synopsis General Principles of Law and International Due Process by : Charles T. Kotuby
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 |
: Charles T. Kotuby, Jr. |
Publisher |
: Oxford University Press |
Total Pages |
: 305 |
Release |
: 2017-02-15 |
ISBN-10 |
: 9780190642723 |
ISBN-13 |
: 0190642726 |
Rating |
: 4/5 (23 Downloads) |
Synopsis General Principles of Law and International Due Process by : Charles T. Kotuby, Jr.
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 |
: Bin Cheng |
Publisher |
: Cambridge University Press |
Total Pages |
: 0 |
Release |
: 2006-11-02 |
ISBN-10 |
: 9780521030007 |
ISBN-13 |
: 0521030005 |
Rating |
: 4/5 (07 Downloads) |
Synopsis General Principles of Law as Applied by International Courts and Tribunals by : Bin Cheng
In this book, Cheng aims to inquire into the practical application of the general principles of law by international courts and tribunals.
Author |
: Ludovica Chiussi Curzi |
Publisher |
: BRILL |
Total Pages |
: 404 |
Release |
: 2020-10-26 |
ISBN-10 |
: 9789004440036 |
ISBN-13 |
: 9004440038 |
Rating |
: 4/5 (36 Downloads) |
Synopsis General Principles for Business and Human Rights in International Law by : Ludovica Chiussi Curzi
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.
Author |
: Mads Andenas |
Publisher |
: BRILL |
Total Pages |
: 474 |
Release |
: 2019-05-20 |
ISBN-10 |
: 9789004390935 |
ISBN-13 |
: 9004390936 |
Rating |
: 4/5 (35 Downloads) |
Synopsis General Principles and the Coherence of International Law by : Mads Andenas
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 |
: Anne Peters |
Publisher |
: Cambridge University Press |
Total Pages |
: 645 |
Release |
: 2016-10-27 |
ISBN-10 |
: 9781107164307 |
ISBN-13 |
: 1107164303 |
Rating |
: 4/5 (07 Downloads) |
Synopsis Beyond Human Rights by : Anne Peters
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.
Author |
: Gerhard Werle |
Publisher |
: Oxford University Press |
Total Pages |
: 711 |
Release |
: 2014 |
ISBN-10 |
: 9780198703594 |
ISBN-13 |
: 0198703597 |
Rating |
: 4/5 (94 Downloads) |
Synopsis Principles of International Criminal Law by : Gerhard Werle
Principles of International Criminal Law is one of the leading textbooks in the field. This third edition builds on the highly-successful work of the previous editions, setting out the general principles governing international crimes as well as the fundamentals of both substantive and procedural international criminal law.
Author |
: Andreas Zimmermann |
Publisher |
: OUP Oxford |
Total Pages |
: 1798 |
Release |
: 2012-10-11 |
ISBN-10 |
: 9780191632532 |
ISBN-13 |
: 0191632538 |
Rating |
: 4/5 (32 Downloads) |
Synopsis The Statute of the International Court of Justice by : Andreas Zimmermann
The International Court of Justice is the principal judicial organ of the United Nations and plays a central role in both the peaceful settlement of international disputes and the development of international law. This comprehensive Commentary on the Statute of the International Court of Justice, now in its second edition, analyses in detail not only the Statute of the Court itself but also the related provisions of the United Nations Charter as well as the relevant provisions of the Court's Rules of Procedure. Five years after the first edition was published, the second edition of the Commentary embraces current events before the International Court of Justice as well as before other courts and tribunals relevant for the interpretation and application of its Statute. The Commentary provides a comprehensive overview and analysis of all legal questions and issues the Court has had to address in the past and will have to address in the future. It illuminates the central issues of procedure and substance that the Court and counsel appearing before it face in their day-to-day work. In addition to commentary covering all of the articles of the Statute of the ICJ, plus the relevant articles of the Charter of the United Nations, the book includes three scene-setting chapters: Historical Introduction, General Principles of Procedural Law, and Discontinuation and Withdrawal. The second edition of the Commentary adds two important and instructive chapters on Counter-Claims and Evidentiary Issues. The combination of expert editors and commentators, and their assessment of new developments in the important work of the ICJ, make this a landmark publication in the field of international law.
Author |
: Matti S. Kurkela |
Publisher |
: Oxford University Press |
Total Pages |
: 582 |
Release |
: 2010-04-14 |
ISBN-10 |
: 9780199703791 |
ISBN-13 |
: 0199703795 |
Rating |
: 4/5 (91 Downloads) |
Synopsis Due Process in International Commercial Arbitration by : Matti S. Kurkela
This is the first publication to identify a universal procedural code for international commercial arbitration. This informative and well-argued discussion of a uniform code for due process is a useful aid for both practitioners and scholars. More than just a useful desk reference, this publication uncovers a unifying arbitration principle in light of the diversity of national traditions. The authors demonstrate how this unifying principle might establish a new standard procedure in arbitration law. Guiding the reader through a step-by-step analysis of due process in international commercial arbitration, the book is comprehensive without being esoteric. Due Process in International Commercial Arbitration, Second Edition thus helps both practitioners new to arbitration procedure and experienced attorneys looking for a cutting-edge discussion of due process issues. It can be used as a handbook for lawyers engaged in arbitral disputes. To provide the necessary guidance for lawyers in need of quick, reliable information, authors Matti Kurkela and Santtu Turunen update readers on the numerous changes made to arbitration law since the book's 2005 edition. Even more helpfully, Kurkela and Turunen have added two new chapters to show lawyers what to expect in the midst of an arbitration proceeding: a chapter on procedural rules from the New York Convention and a chapter on jurisdiction arising from sources outside the arbitration agreement. As corporations engage in more globalized commerce, and as arbitrators resolve more international legal disputes, this resource provides both the broad background and the quick reference information necessary to understand the complexities of arbitration procedure. A thorough Table of Contents, Index, and Appendix of primary documents facilitate practitioners' research in this vital book. This new edition's balance of comprehensiveness and concision make it a one-stop resource for arbitration attorneys around the world.
Author |
: Piotr Szwedo |
Publisher |
: BRILL |
Total Pages |
: 402 |
Release |
: 2018-11-12 |
ISBN-10 |
: 9789004382893 |
ISBN-13 |
: 9004382895 |
Rating |
: 4/5 (93 Downloads) |
Synopsis Cross-border Water Trade: Legal and Interdisciplinary Perspectives by : Piotr Szwedo
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.