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Author: Fulvio Maria Palombino
Publisher: Cambridge University Press
ISBN: 1108475264
Category : Law
Languages : en
Pages : 451
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Book Description
Analyses national practices on conflicts between international law and national fundamental principles with a comparative perspective.
Author: Fulvio Maria Palombino
Publisher: Cambridge University Press
ISBN: 1108475264
Category : Law
Languages : en
Pages : 451
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Book Description
Analyses national practices on conflicts between international law and national fundamental principles with a comparative perspective.
Author: Fulvio Maria Palombino
Publisher:
ISBN: 9781108466028
Category :
Languages : en
Pages :
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Book Description
Author: Robert Baldick
Publisher:
ISBN:
Category : Dueling
Languages : en
Pages : 212
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Book Description
Author: Giovanni Zarra
Publisher: Springer Nature
ISBN: 9462654999
Category : Law
Languages : en
Pages : 261
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Book Description
This book centres on the ways in which the concept of imperativeness has found expression in private international law (PIL) and discusses “imperative norms”, and “imperativeness” as their intrinsic quality, examining the rules or principles that protect fundamental interests and/or the values of a state so as to require their application at any cost and without exceptions. Discussing imperative norms in PIL means referring to international public policy and overriding mandatory rules: in this book the origins, content, scope and effects of both these forms of imperativeness are analyzed in depth. This is a subject deserving further study, considering that very divergent opinions are still emerging within academia and case law regarding the differences between international public policy and overriding mandatory rules as well as with regard to their way of functioning. By using an approach mainly based on an analysis of the case law of the CJEU and of the courts of the various European countries, the book delves into the origin of imperativeness since Roman law, explains how imperative norms have evolved in the different conceptions of private international law, and clarifies the foundation of the differences between international public policy and overriding mandatory rules and how these concepts are used in EU Regulations on PIL (and in the practice related to these sources of law). Finally, the work discusses the influence of EU and public international law sources on the concept of imperativeness within the legal systems of European countries and whether a minimum content of imperativeness – mainly aimed at ensuring the protection of fundamental human rights in transnational relationships – between these countries has emerged. The book will prove an essential tool for academics with an interest in the analysis of these general concepts and practitioners having to deal with the functioning of imperative norms in litigation cases and in the drafting of international contracts. Giovanni Zarra is Assistant professor of international law and private international law and transnational litigation in the Department of Law of the Federico II University of Naples.
Author: Giuseppe Martinico
Publisher: Cambridge University Press
ISBN: 110849613X
Category : Law
Languages : en
Pages : 225
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Book Description
Exploring Italy as a case study, this book investigates how populists in power manipulate categories and instruments of constitutional law.
Author: David Folker
Publisher: R.I.C. Publications
ISBN: 1741267595
Category : Physical education for children
Languages : en
Pages : 73
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Book Description
Author: Benjamin Cummings Truman
Publisher: Legare Street Press
ISBN: 9781019468937
Category :
Languages : en
Pages : 0
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Book Description
In this comprehensive work, Benjamin Cummings Truman explores the history and cultural significance of duelling around the world. He delves into the social and political contexts in which duelling emerged and evolved, and provides a nuanced and detailed account of the practice in different countries and time periods. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Author: Lando Kirchmair
Publisher: Cambridge University Press
ISBN: 1009380206
Category : Law
Languages : en
Pages : 421
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Book Description
Provides new insights for solving conflicts between International, EU and National Law by rethinking the relationship between the three.
Author: Lorenzo Sabine
Publisher:
ISBN:
Category : Dueling
Languages : en
Pages : 414
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Book Description
Author: Carmen E. Pavel
Publisher: Oxford University Press
ISBN: 0197543898
Category : Business & Economics
Languages : en
Pages : 217
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Book Description
"At the dawn of the twenty-first century, international politics is increasingly governed by legal rules and institutions. Yet widespread skepticism of its value and transformative potential, and sometimes outright hostility towards it abound. This book provides a normative justification for international law. Namely, it argues that the same reasons which support the development of law at the domestic level, namely the promotion of peace, the protection of individual rights, the facilitation of extensive, complex forms of cooperation and the resolution of collective action problems also support the development of law at the international level. The book offers moral and legal reasons for states to improve, strengthen, and further institutionalize the capacity of international law. The argument thus engages in institutional moral reasoning. It also shows why it should matter to individuals that their states are part of a rule-governed international order. When states are bound by common rules of behavior, their citizens reap the benefits. International law encourages states to protect individual rights and provides a forum where they can communicate, negotiate, and compromise on their differences in order to protect themselves from outside interference and pursue their domestic policies more effectively, including those directed at enhancing their citizen's welfare. Thus, international law makes a critical, irreplaceable, and defining contribution to an international order characterized by peace and justice"--
