Developments in Administrative Law and Regulatory Practice 2006-2007 PDF Download
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Author:
Publisher: American Bar Association
ISBN: 9781590319802
Category : Administrative law
Languages : en
Pages : 426
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Book Description
Author:
Publisher: American Bar Association
ISBN: 9781590319802
Category : Administrative law
Languages : en
Pages : 426
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Book Description
Author: Larissa van den Herik
Publisher: Martinus Nijhoff Publishers
ISBN: 9004236910
Category : Law
Languages : en
Pages : 734
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Book Description
This volume is the first in a new series of Studies on the Frontiers of International Law. The term ‘frontier’ is traditionally associated with proximity to a boundary or a demarcation line. But it is also a connecting point, i.e., a passage or channel between spaces that are usually considered as separate entities. The Series aims to explore the visible and imaginary boundaries of scholarship in International Law. It is designed to test the existing table of contents, vocabulary and limits of ‘Public International Law’, to investigate lines and linkages between ‘centre’ and ‘periphery’, and to re-map or re-think some of its conceptual boundaries. The current volume is written in this spirit. It deals with the tension between unity and diversification which has gained a central place in the debate under the label of ‘fragmentation’. It explores the meaning, articulation and risks of this phenomenon in a specific area: International Criminal Justice. It brings together established and fresh voices who analyse different sites and contestations of this concept, as well as its context and specific manifestations in the interpretation and application of International Criminal Law. The volume thereby connects discourse on ‘fragmentation’ with broader inquiry on the merits and discontents of legal pluralism in ‘Public International Law’.
Author:
Publisher:
ISBN:
Category : Electronic journals
Languages : en
Pages : 936
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Book Description
Author: Patrick Dumberry
Publisher: Cambridge University Press
ISBN: 1316546292
Category : Law
Languages : en
Pages : 917
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Book Description
Rules of customary international law provide basic legal protections to foreign investors doing business abroad. These rules remain of fundamental importance today despite the growing number of investment treaties containing substantive investment protection. In this book, Patrick Dumberry provides a comprehensive analysis of the phenomenon of custom in the field of international investment law. He analyses two fundamental questions: how customary rules are created in this field and how they can be identified. The book examines the types of manifestation of state practice which should be considered as relevant evidence for the formation of customary rules, and to what extent they are different from those existing under general international law. The book also analyses the concept of states' opinio juris in investment arbitration. Offering guidance to actors called upon to apply customary rules in concrete cases, this book will be of significant importance to those involved in investment arbitration.
Author: Robert Cooter
Publisher: Addison Wesley Publishing Company
ISBN:
Category : Business & Economics
Languages : en
Pages : 572
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Book Description
Provides students with a method for applying economic analysis to the study of legal rules and institutions. Four key areas of law are covered: property; contracts; torts; and crime and punishment. Added examples and cases help to clarify economic applications further.
Author: Frédéric Gilles Sourgens
Publisher: Hotei Publishing
ISBN: 9004288201
Category : Law
Languages : en
Pages : 426
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Book Description
In A Nascent Common Law: The Process of Decisionmaking in International Legal Disputes Between States and Foreign Investors Frédéric Gilles Sourgens submits that investor-state dispute resolution relies upon an inductive, common law decisionmaking process, which reveals a necessary plurality of first principles within investor-state dispute resolution. Relying upon, amongst others, Wittgenstein's Philosophical Investigations, the book explains how this plurality of first principles does not devolve into arbitrary indeterminacy. A Nascent Common Law provides an alternative account to current theoretical conceptions of investor-state arbitration. It explains that these theories cannot adequately resolve a key empirical challenge: tribunals frequently reach facially inconsistent results on similar questions of law. Sourgens makes an inductive approach, focused on the manner of decisionmaking by tribunals in the context of specific records that can explain this inconsistency.
Author: Fabian Junge
Publisher: GRIN Verlag
ISBN: 3656003920
Category : Law
Languages : en
Pages : 35
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Book Description
Seminar paper from the year 2011 in the subject Law - European and International Law, Intellectual Properties, grade: 1,3, Carl von Ossietzky University of Oldenburg, language: English, abstract: The subject of harmonization and especially the seemingly never-ending discussion about its intensity and ways of achievement have been recurring topics within the history and development of various legal systems all over the world. Since the Middle Ages the notion is found that peace-keeping and an improvement of social and economic criteria can be reached through integration and approximation of various national legal systems.1 The European Union is herein no exception as it will be discussed in section B. As a logical conclusion of this long term development, it is obvious that the issue of harmonization includes a broad variety of difficult legal aspects that has been and will be examined by a large number of lawyers and courts. This paper will put the focus on maximum harmonization by directives itselves. But what is meant by the term maximum harmonization? In order to answer this question, there will be given a short overview of the general idea behind harmonization. Furthermore, the paper will provide an introduction to the theoretical concept of maximum harmonization. As one might observe during the analysis of the first part, the bulk of the problems arise around the relationship between the competences of the European legislator and the different national legislators. The pivotal question of this work therefore is: “How much leeway is left to the Member States of the European Union by implementing a European maximum harmonizing directive into the national legal order in case of doubt?” The research will be rooted in the field of unfair competition law and in particular with comparative advertising, which is currently a highly controversial field regarding the aspects of harmonization due to the fact that there is a multiplicity of regulatory approaches in the Member States. 2To point out the cruxes of the question with reference to the chosen field of law and to illustrate the concept of maximum harmonization, a relatively recent case between O2 Holdings Ltd. and Hutchison 3G UK Limited3 will serve as object of investigation. In the end, there will be some final remarks on the topic of harmonization in the European Union in general.
Author: Rachel E. Stern
Publisher: Cambridge University Press
ISBN: 1107310954
Category : Law
Languages : en
Pages : 315
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Book Description
This is a book about the improbable: seeking legal relief for pollution in contemporary China. In a country known for tight political control and ineffectual courts, Environmental Litigation in China unravels how everyday justice works: how judges make decisions, why lawyers take cases, and how international influence matters. It is a readable account of how the leadership's mixed signals and political ambivalence play out on the ground - propelling some, such as the village doctor who fought a chemical plant for more than a decade, even as others back away from risk. Yet this remarkable book shows that even in a country where expectations would be that law wouldn't much matter, environmental litigation provides a sliver of space for legal professionals to explore new roles and, in so doing, probe the boundary of what is politically possible.
Author: Richard Jochelson
Publisher: Taylor & Francis
ISBN: 1351678647
Category : Law
Languages : en
Pages : 139
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Book Description
In Minority Report, Precrime imprisons people for crimes they would have committed had they not been prevented. With Philip K. Dick as inspiration, the authors posit that developments in Canadian law indicate a trend toward imposing punishments at earlier stages of the prosecutorial process. As risk management logics shift to precautionary ones, the law has responded by developing criminal regulation techniques in light of the "war on terror": the need to ensure security, the proliferation of digital data, and the design of drones, social networking, and cloud storage to gather data. The book is a provocative read for scholars and students in criminal law, policing, and surveillance.
Author:
Publisher:
ISBN:
Category : Law reports, digests, etc
Languages : en
Pages : 796
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Book Description
