Author:
Publisher: Springer
ISBN: 9783540090564
Category : Law
Languages : de
Pages : 0
Book Description
1966-1970
Author:
Publisher: Springer
ISBN: 9783540090564
Category : Law
Languages : de
Pages : 0
Book Description
Publisher: Springer
ISBN: 9783540090564
Category : Law
Languages : de
Pages : 0
Book Description
Deutsche Rechtsprechung in völkerrechtlichen Fragen
Author:
Publisher: Springer
ISBN: 9783540094234
Category : Law
Languages : de
Pages : 530
Book Description
Publisher: Springer
ISBN: 9783540094234
Category : Law
Languages : de
Pages : 530
Book Description
Fontes Historiae Iuris Gentium
Author: Wilhelm G. Grewe
Publisher: Walter de Gruyter
ISBN: 9783110134957
Category : International law
Languages : de
Pages : 726
Book Description
Publisher: Walter de Gruyter
ISBN: 9783110134957
Category : International law
Languages : de
Pages : 726
Book Description
Fontes Historiae Iuris Gentium
Author: Wilhelm Georg Grewe
Publisher:
ISBN:
Category : International law
Languages : en
Pages : 736
Book Description
Publisher:
ISBN:
Category : International law
Languages : en
Pages : 736
Book Description
Enforcing International Human Rights in Domestic Courts
Author: Benedetto Conforti
Publisher: BRILL
ISBN: 9004481702
Category : Law
Languages : en
Pages : 485
Book Description
The purpose of this book is to explore the ways in which domestic courts are dealing with international human rights issues in their respective jurisdictions. This volume, however, is not limited to offering a comparative overview. It aims principally at identifying the most common obstacles that still hinder the effective adjudication and enforcement of human rights in domestic law. Ultimately, it aspires to suggest judicial models that may help reduce or remove those obstacles, consistently with the principle, recognised in modern constitutions, that national courts are bound to participate in the implementation process of international law.
Publisher: BRILL
ISBN: 9004481702
Category : Law
Languages : en
Pages : 485
Book Description
The purpose of this book is to explore the ways in which domestic courts are dealing with international human rights issues in their respective jurisdictions. This volume, however, is not limited to offering a comparative overview. It aims principally at identifying the most common obstacles that still hinder the effective adjudication and enforcement of human rights in domestic law. Ultimately, it aspires to suggest judicial models that may help reduce or remove those obstacles, consistently with the principle, recognised in modern constitutions, that national courts are bound to participate in the implementation process of international law.
International Law Reports
Author: E. Lauterpacht
Publisher: Cambridge University Press
ISBN: 9780521464239
Category : Law
Languages : en
Pages : 788
Book Description
The only publication wholly devoted to the regular and systematic reporting in English of decisions of international courts and arbitrators.
Publisher: Cambridge University Press
ISBN: 9780521464239
Category : Law
Languages : en
Pages : 788
Book Description
The only publication wholly devoted to the regular and systematic reporting in English of decisions of international courts and arbitrators.
The Burden of Proof in Comparative and International Human Rights Law
Author: Juliane Kokott
Publisher: BRILL
ISBN: 9004638288
Category : Law
Languages : en
Pages : 315
Book Description
This book explores how courts decide, or ought to decide, in situations of uncertainty. A Court must always decide the case before it, even if the relevant facts remain unclear. The question then arises which party benefits and which party is burdened by that uncertainty. In these cases, the Court must apply the rules on the burden of proof or, more precisely, the burden of persuasion. Their importance for the individual claimant is obvious. The comparison of two domestic systems (one based on common law and the other a traditional code-based legal order) with regard to the issue of burden of proof helps to clarify the terminology and lays the ground for dealing with the burden of proof in international human rights law. Without knowing what can be understood by the term `burden of proof' under domestic law, international lawyers with different domestic law backgrounds are in danger of misunderstanding each other. This may lead to obscuring the problems connected with court decisions involving uncertainty. The study also deals with uncertainties with regard to legislative (general) in contrast to adjudicative (individual) facts and with uncertainties in the framework of predictions in contrast to uncertainties relating to historic facts. It attempts to prepare the ground for dealing more consciously and more consistently with problems of uncertainty in international human rights law. International courts, due to their geographical and cultural distance from the case, usually have less access to the underlying facts. Nevertheless, in order to protect human rights effectively, international courts and tribunals cannot always restrict themselves to reviewing the law, but may also have to decide on the facts. Thus issues relating to decision-making on the basis of uncertain facts, including the burden of persuasion, are even more important in international than in domestic human rights law.
Publisher: BRILL
ISBN: 9004638288
Category : Law
Languages : en
Pages : 315
Book Description
This book explores how courts decide, or ought to decide, in situations of uncertainty. A Court must always decide the case before it, even if the relevant facts remain unclear. The question then arises which party benefits and which party is burdened by that uncertainty. In these cases, the Court must apply the rules on the burden of proof or, more precisely, the burden of persuasion. Their importance for the individual claimant is obvious. The comparison of two domestic systems (one based on common law and the other a traditional code-based legal order) with regard to the issue of burden of proof helps to clarify the terminology and lays the ground for dealing with the burden of proof in international human rights law. Without knowing what can be understood by the term `burden of proof' under domestic law, international lawyers with different domestic law backgrounds are in danger of misunderstanding each other. This may lead to obscuring the problems connected with court decisions involving uncertainty. The study also deals with uncertainties with regard to legislative (general) in contrast to adjudicative (individual) facts and with uncertainties in the framework of predictions in contrast to uncertainties relating to historic facts. It attempts to prepare the ground for dealing more consciously and more consistently with problems of uncertainty in international human rights law. International courts, due to their geographical and cultural distance from the case, usually have less access to the underlying facts. Nevertheless, in order to protect human rights effectively, international courts and tribunals cannot always restrict themselves to reviewing the law, but may also have to decide on the facts. Thus issues relating to decision-making on the basis of uncertain facts, including the burden of persuasion, are even more important in international than in domestic human rights law.
A Century of Anarchy?
Author: Hendrik Simon
Publisher: Oxford University Press
ISBN: 019266798X
Category : Law
Languages : en
Pages : 433
Book Description
The nineteenth century has been understood as an age in which states could wage war against each other if they deemed it politically necessary. According to this narrative, it was not until the establishment of the League of Nations, the Kellogg-Briand Pact, and the UN Charter that the 'free right to go to war' (liberum ius ad bellum) was gradually outlawed. Better times dawned as this anarchy of waging war ended, resulting in radical transformations of international law and politics. However, as a 'free right to go to war' has never been empirically proven, this story of progress is puzzling. In A Century of Anarchy?: War, Normativity, and the Birth of Modern International Order, Hendrik Simon challenges this narrative by outlining a genealogy of modern war justifications and drawing on scientific, political, and public discourses. He argues that liberum ius ad bellum is an invention created by realist legal scholars in Imperial Germany who argued against the mainstream of European liberalism and, paradoxically, that the now forgotten Sonderweg reading was universalized in international historiographies after the World Wars. A Century of Anarchy? is a compelling read for historians, jurists, political theorists, international relations scholars, and anyone interested in understanding the emergence of the modern international order. In this groundbreaking work, Simon not only artfully deconstructs the myth of liberum ius ad bellum but also traces the political and theoretical roots of the modern prohibition of war to the long nineteenth century (1789-1918).
Publisher: Oxford University Press
ISBN: 019266798X
Category : Law
Languages : en
Pages : 433
Book Description
The nineteenth century has been understood as an age in which states could wage war against each other if they deemed it politically necessary. According to this narrative, it was not until the establishment of the League of Nations, the Kellogg-Briand Pact, and the UN Charter that the 'free right to go to war' (liberum ius ad bellum) was gradually outlawed. Better times dawned as this anarchy of waging war ended, resulting in radical transformations of international law and politics. However, as a 'free right to go to war' has never been empirically proven, this story of progress is puzzling. In A Century of Anarchy?: War, Normativity, and the Birth of Modern International Order, Hendrik Simon challenges this narrative by outlining a genealogy of modern war justifications and drawing on scientific, political, and public discourses. He argues that liberum ius ad bellum is an invention created by realist legal scholars in Imperial Germany who argued against the mainstream of European liberalism and, paradoxically, that the now forgotten Sonderweg reading was universalized in international historiographies after the World Wars. A Century of Anarchy? is a compelling read for historians, jurists, political theorists, international relations scholars, and anyone interested in understanding the emergence of the modern international order. In this groundbreaking work, Simon not only artfully deconstructs the myth of liberum ius ad bellum but also traces the political and theoretical roots of the modern prohibition of war to the long nineteenth century (1789-1918).
International Law Reports: Volume 90
Author: E. Lauterpacht
Publisher: Cambridge University Press
ISBN: 9781857010084
Category : Law
Languages : en
Pages : 826
Book Description
Publisher: Cambridge University Press
ISBN: 9781857010084
Category : Law
Languages : en
Pages : 826
Book Description
International Law Reports
Author: Elihu Lauterpacht
Publisher: Cambridge University Press
ISBN: 9780521464109
Category : Law
Languages : en
Pages : 504
Book Description
International Law Reports is the only publication in the world wholly devoted to the regular and systematic reporting in English of courts and arbitrators, as well as judgements of national courts.
Publisher: Cambridge University Press
ISBN: 9780521464109
Category : Law
Languages : en
Pages : 504
Book Description
International Law Reports is the only publication in the world wholly devoted to the regular and systematic reporting in English of courts and arbitrators, as well as judgements of national courts.