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Author: Hafida Belrhali
Publisher:
ISBN:
Category :
Languages : fr
Pages : 99
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Book Description
Author: Hafida Belrhali
Publisher:
ISBN:
Category :
Languages : fr
Pages : 99
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Book Description
Author: Olivier Delattre (juriste)
Publisher:
ISBN:
Category :
Languages : fr
Pages : 119
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Author: Julien Gasrel
Publisher:
ISBN:
Category :
Languages : fr
Pages : 224
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Author: JACQUES.. KERYHUEL
Publisher:
ISBN:
Category :
Languages : fr
Pages : 495
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Author: Tim Corthaut
Publisher: Kluwer Law International B.V.
ISBN: 9041142185
Category : Law
Languages : en
Pages : 512
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Book Description
In a cogent, detailed analysis, the author ‘reconstructs’ the legal order of the European Union in a way that best gives meaning to the Treaties, the case law of the Court of Justice, and the various underlying principles of integration that have emerged over the decades. He focuses on instances, or touchstones, in relation to which EU law seems to be building and integrating an ordre public. Among these are the following: international trade law and arbitration; public international law; the ECHR and EctHR; public policy exceptions to the four freedoms; European citizenship; competition law; national and EU procedural law; and protection of social and labour standards. In-depth inquiry into questions which seem subject to very specific limitations – such as when national or EU courts are under an obligation to raise issues of EU law of their own motion, or norms from which private parties may not deviate – captures the breadth of the EU ordre public, greatly clarifying the concept and the variety of ways it operates. Seeking to reconcile numerous strands and processes of EU law in a principled manner, the book reveals a significant potential for a deeper constitutional framework defining the EU ordre public and putting it into operation as a tool to help ensure unity in diversity. It will be welcomed and read closely by jurists, policymakers, and interested academics in Europe and wherever the matter of European integration is studied.
Author: Christèle Eyraud
Publisher:
ISBN:
Category :
Languages : fr
Pages : 539
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Book Description
TAKEN AS A WHOLE THE FOLLOWING CONSIDERATIONS CONSIST IN BOTH ANALYSING AND EVALUATING THE COMMUNITY LAW POSSIBLE INFLUENCE ON ADMINISTRATIVE LAW AS FAR AS LOCAL PUBLIC UTILITIES ARE CONCERNED. IN FACT THE CONTRAST WHICH, AT FIRST SIGHT, SEEMS TO EXIST BETWEEN LOCAL PUBLIC UTILITIES AND COMMUNITY LAW PROVES SHAM RATHER THAN REAL. INDEED THE EVER-INCREASING RULES OF THE COMMUNITY LAW HAVE TO BE TAKEN INTO ACCOUNT BY THE LOCAL PUBLIC UTILITY LAW. BUT THESE ADDITIONS, WHICH OBVIOUSLY CAN'T APPLY TO LOCAL PUBLIC UTILITIES ON THE WHOLE, SHOULDN'T INEVITABLY BE SEEN AS DRAWBACKS. ON THE CONTRARY COMMUNITY LAW MUST BE CONSIDERED AS A CHANCE TO MAKE THE LOCAL PUBLIC UTILITY LAW ADVANCE. NO DOUBT THAT LOCAL PUBLIC UTILITIES ARE THE CATEGORY WHICH IS THE MOST LIKELY TO CONCILIATE THE RULES CONCERNING NOT ONLY PUBLIC AND PRIVATE LAW BUT COMPETITION AS WELL. THUS, THEY CAN BE SEEN AS THE CLUE TO BRINGING TOGETHER THE STATE AND LOCAL ORGANISATIONS, WHICH COULD ALSO LEAD TO A BETTER RECOGNITION OF THE NOTION OF PUBLIC UTILITY ON A COMMUNITY SCALE.
Author:
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041102799
Category : Law
Languages : fr
Pages : 436
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Book Description
The Academy is an institution for the study and teaching of public and private international law and related subjects. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the" "Hague Academy of International Law." This volume contains: Les conflits de lois et de juridictions dans un espace economique integre. L'experience de la Communaute europeenne, par M. FALLON, professeur a l'Universite catholique de Louvain Perspectives from International Economic Law on Transnational Environmental Issues by S. MURASE, Professor at Sophia University, Tokyo. To access the abstract texts for this volume please click here
Author: Antônio Augusto Cançado Trindade
Publisher: OUP Oxford
ISBN: 0191018910
Category : Law
Languages : en
Pages : 272
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Book Description
This book contends that the right of access to justice (at national and international levels) constitutes a basic cornerstone of the international protection of human rights, and conforms a true right to the Law. It amounts, lato sensu, to the right to the realization of justice. In such understanding, it comprises not only the formal access to a tribunal or judge, but also respect for the guarantees of due process of law, the right to a fair trial, and to reparations (whenever they are due), and the faithful execution of judgments. On its part, the right to an effective domestic remedy is a basic pillar of the rule of law in a democratic society. In its part, the right of international individual petition, together with the safeguard of the integrity of international jurisdiction, constitute the basic foundations of the emancipation of the individual vis-à-vis his own State. This is a domain that has undergone a remarkable development in recent years. It is submitted that the right of access to justice belongs today to the domain of jus cogens. Without it, there is no legal system at all. The protection of the human person in the most adverse circumstances has evolved amongst considerations of ordre public. Such recent evolution has been contributing to the gradual expansion of the material content of jus cogens. Furthermore, the very notion of "victim" (encompassing direct, indirect and potential victims) has been the subject of a considerable international case-law. Victims have had their cause vindicated in situations of utmost adversity, if not defencelessness (e.g., abandoned or "street children", undocumented migrants, members of peace communities in situations of armed conflict, internally displaced persons, individuals in infra-human conditions of detention, surviving victims of massacres).
Author: Sarah Cassella
Publisher: BRILL
ISBN: 9004215867
Category : Law
Languages : en
Pages : 591
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Book Description
La Commission du droit international, après avoir longuement hésité, a inscrit l’état de nécessité dans sa codification de la responsabilité des États en tant que circonstance excluant l’illicéité. L’objet de cette étude est de démontrer qu’il s’agit d’un mécanisme beaucoup plus diffus et fondamental du droit international, intimement lié à ses caractéristiques propres. Il a comme fonction la limitation des obligations substantielles des États lors de la survenance d’un fait-condition – la situation de nécessité – afin d’éviter que l’application du droit ne génère un coût social excessif. Sa réalisation requiert toujours une pondération des intérêts en conflit. Seulement lorsqu’un coût social excessif ne peut être évité, l’état de nécessité intervient dans le cadre des obligations secondaires de la responsabilité internationale, en tant que circonstance atténuante. After much hesitation, the International Law Commission codified the state of necessity as a circumstance precluding wrongfulness in the field of State responsibility. This study aims to demonstrate that it is a much wider mechanism, essential to international law and strictly connected to its own characteristics. It performs the function of limiting the substantial obligations of States in case of the realization of a fact condition – a situation of necessity – in order to avert an excessive social cost, born out of law implementation. It always works through a balance of conflicting interests. Only when a social cost cannot be avoided, the state of necessity, under the features of a mitigating circumstance, enters the field of secondary obligations relating to international responsibility.
Author: Acad'mie de Droit International de La Ha
Publisher: Martinus Nijhoff Publishers
ISBN: 9789024733361
Category : Law
Languages : en
Pages : 420
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Book Description
The Academy is a prestigious international institution for the study and teaching of Public and Private International Law and related subjects. The work of the Hague Academy receives the support and recognition of the UN. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the Hague Academy of International Law .
