General Principles of Law and International Due Process

Author: Center for International Legal Education University of Pittsburgh School of Law
Publisher: Oxford University Press
ISBN: 9780190642709
Release Date: 2017-03-15
Genre: Due process of law

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.

Due Process and International Terrorism

Author: Roza Pati
Publisher: BRILL
ISBN: 9789047425854
Release Date: 2009-11-23
Genre: Law

This book is unique as it comprehensively analyzes the international guarantees of due process in criminal law ranging from arrest and detention to other pre-trial procedures to the trial itself and appeals, both in times of normalcy and in times of emergency, against the background of the “Global War on Terror.” Relevant jurisprudence of universal and regional human rights systems is complemented by pertinent customary international law, including humanitarian law, and pertinent guarantees in the hybrid systems of international criminal tribunals. These international due process norms are then compared with pertinent United States criminal procedure, both in times of peace and times of emergency, including the most recent treatment and adjudication of terrorist suspects in Guantánamo and beyond. The book ends with an appraisal of these past measures of counter-terrorism and recommendations regarding the proper balance to be struck between the due process interests of the accused and the security interests of the community.

The Prevention Principle in International Environmental Law

Author: Leslie-Anne Duvic-Paoli
Publisher: Cambridge University Press
ISBN: 9781108697767
Release Date: 2018-05-31
Genre: Law

Prevention is recognized as a cornerstone of international environmental law, but this principle remains abstract and elusive in terms of exactly what is required of states to prevent environmental harm. In this illuminating work, Leslie-Anne Duvic-Paoli addresses this issue by offering a systematic, comprehensive assessment in which she clarifies the rationale, content, and scope of the prevention principle while also placing it in a wider legal context. The book offers a detailed analysis of treaty law, custom codification works, and case law before culminating in a conceptualization of prevention based on three definitional traits: 1. Its anticipatory rationale; 2. Its due diligence content; and 3. Its wide spatial scope to protect the environment as a whole. This book should be read by anyone seeking to understand the evolving principle of prevention in international environmental law, and how it increasingly shares common ground with reparation in the arena of compliance control.

Due Process of Law Beyond the State

Author: Giacinto della Cananea
Publisher: Oxford University Press
ISBN: 9780198788386
Release Date: 2016-09-22

Traditionally the issues concerning the exercise of administrative powers by public authorities were considered a type of national enclave. It was the responsibility of the state to ensure that adequate procedural safeguards were in place to prevent the government from interfering with the rights of its citizens. During the last few decades, however, a variety of sets of rules regarding procedural due process has developed to govern the conduct of those public authorities who operate on a regional or world regulatory footing, such as the European Union and the World Trade Organization. Analysing the procedural due process requirements applicable to administrative procedure beyond the borders of the States, this volume demonstrates how regional and global regulatory regimes impose requirements that are strikingly similar to those set out by the most developed legal systems of the world. The book argues that such requirements of administrative procedure are justified not only by the traditional concerns for the protection of individual interests against the misuse of power by public authorities, but also by other values, such as good governance and cooperation between public authorities. Finally, the book conceptualizes such rules as legal requirements which arbitral tribunals and other agencies should respect when interpreting standards of justice.

Die Eigentums bertragung beim Kauf beweglicher Sachen nach dem DCFR

Author: Dennis Walczak
Publisher: Mohr Siebeck
ISBN: 3161552598
Release Date: 2017-10-06
Genre: Law

Der Draft Common Frame of Reference (DCFR) ist der Versuch, ein Modell eines modernen gemeineuropaischen Privatrechts zu schaffen. Die 2009 erschienene Endfassung, die DCFR Outline Edition, enthalt auch umfassende Regelungen zum Erwerb und Verlust von Eigentum an beweglichen Sachen. Ebenfalls 2009 erschien die Full Edition des DCFR, die eine Kommentierung sowie rechtsvergleichende Anmerkungen enthalt. Wesentliches Leitmotiv des Gesamtprojekts ist die Starkung des europaischen Binnenmarktes durch Erleichterung des grenzuberschreitenden Handels. Die Verfasser fordern die europaische Privatrechtswissenschaft dazu auf, die Ergebnisse mit der eigenen Rechtsordnung zu vergleichen, sie im Hinblick auf anerkannte Rechtsprinzipien zu untersuchen, umfassend zu beurteilen und moglicherweise sogar Schlusse fur die eigene Rechtsordnung zu ziehen. Dennis Walczak tut genau dies hinsichtlich der Eigentumsubertragung beim Kauf beweglicher Sachen in Europa.

Zivil und Wirtschaftsrecht im Europ ischen und Globalen Kontext Private and Commercial Law in a European and Global Context

Author: Klaus Peter Berger
Publisher: Walter de Gruyter
ISBN: 9783110915648
Release Date: 2006-01-01
Genre: Law

A top legal scholar is honored with this commemorative publication. He distinguishes himself through the enormous range of his academic interests and activities as well as through his mediator role between legal theory and practice. The contributions published in this commemorative work reflect the unusual range of Norbert Horn's work.

The United Nations and International Law

Author: Christopher C. Joyner
Publisher: Cambridge University Press
ISBN: 0521586593
Release Date: 1997-04-28
Genre: Business & Economics

This is a revised edition of a two-volume survey United Nations Legal Order. It provides students and scholars with a text that appraises the contribution made by the United Nations to contemporary international law and the law-creating process. Among the topics addressed are how international law is made by UN institutions; what contemporary international law owes its existence to the United Nations; how and whether UN bodies have served as sources of international law; and whether UN-created law can be said to have worked as an effective regulator of state conduct. Covering a wide range of UN activity, this book represents a comprehensive guide to the role of the UN in providing viable legal rules to deal with international problems.

Law and Practice of Investment Treaties

Author: Andrew Paul Newcombe
Publisher: Kluwer Law International B.V.
ISBN: 9789041123510
Release Date: 2009-01-01
Genre: Political Science

The book focuses on the substantive protections accorded to investors and investments and on the variations among jurisdictions. Among the many specific issues and topics that arise in the course of the discussion are the following: - problems of transparency and conflict of interest; - the recent growth in IIAs between and among developing nations; - the effect of new model bilateral investment treaties (BITs); - the ability of non-disputing parties to participate in investor-state arbitration; - theories of the interaction of foreign direct investment (FDI) and BITs; - investor-state arbitration as an evasion of public regulatory authority; - the role of investment funds in international investment; - 'fork in the road' provisions; and - institutional versus ad hoc arbitration. International business and other investors will greatly appreciate the in-depth information and insightful guidance in this solidly useful book. It will also be welcomed by jurists and students as a significant milestone in the development of principles in a quickly growing field of practice that is still plagued with inconsistencies.

Free Markets and Social Regulation A Reform Agenda of the Global Trading System Toward a New International Economic Law

Author: Sungjoon Cho
Publisher: Kluwer Law International B.V.
ISBN: 9789041198921
Release Date: 2003-01-01
Genre: Law

Free Markets and Social Regulation: A Reform Agenda of the Global Trading System has a twofold purpose to consider what has so far been accomplished in this vital mission in the field of international economic law, and to prescribe some solutions to continuing problems. This latter endeavor amounts to a coherent and integrated plan that will enhance the acceptability of free markets to governments, traders, and other stakeholders alike.