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Author: Clarence Wilfred Jenks
Publisher:
ISBN:
Category : International law
Languages : en
Pages : 508
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Book Description
Author: Clarence Wilfred Jenks
Publisher:
ISBN:
Category : International law
Languages : en
Pages : 508
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Book Description
Author: Jeremy Waldron
Publisher: Yale University Press
ISBN: 0300148658
Category : Political Science
Languages : en
Pages : 306
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Book Description
Should judges in United States courts be permitted to cite foreign laws in their rulings? In this book Jeremy Waldron explores some ideas in jurisprudence and legal theory that could underlie the Supreme Court's occasional recourse to foreign law, especially in constitutional cases. He argues that every society is governed not only by its own laws but partly also by laws common to all mankind (ius gentium). But he takes the unique step of arguing that this common law is not natural law but a grounded consensus among all nations. The idea of such a consensus will become increasingly important in jurisprudence and public affairs as the world becomes more globalized.
Author: Antônio Augusto Cançado Trindade
Publisher: Martinus Nijhoff Publishers
ISBN: 9004255079
Category : Law
Languages : en
Pages : 753
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Book Description
This volume is an updated and revised version of the General Course on Public International Law delivered by the Author at The Hague Academy of International Law in 2005. Professor Cançado Trindade, Doctor honoris causa of seven Latin American Universities in distinct countries, was for many years Judge of the Inter-American Court of Human Rights, and President of that Court for half a decade (1999-2004). He is currently Judge of the International Court of Justice; he is also Member of the Curatorium of The Hague Academy of International Law, as well as of the Institut de Droit International, and of the Brazilian Academy of Juridical Letters.
Author: C. Wilfred Jenks
Publisher:
ISBN: 9780758161956
Category :
Languages : en
Pages : 456
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Book Description
Author: Theodore Frank Thomas Plucknett
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584771372
Category : Common law
Languages : en
Pages : 828
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Book Description
Originally published: 5th ed. Boston: Little, Brown and Co., 1956.
Author: Kemal Baslar
Publisher: BRILL
ISBN: 900463522X
Category : Law
Languages : en
Pages : 460
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Book Description
The concept of the common heritage of mankind is one of the most extraordinary developments in recent intellectual history and one of the most revolutionary and radical legal concepts to have emerged in recent decades. The year 1997 marks the thirtieth anniversary of the advent of the concept in the domain of public international law. Ever since its emergence, it has become evident that no other concept, notion, principle or doctrine has brought as much intensive debate, controversy, confrontation and speculation as the common heritage phenomenon did. This is because it is a philosophical idea that questions the regimes of globally important resources regardless of their situation, and requires major changes in the world to apply its provisions. In other words, the application and enforcement of the common heritage of mankind require a critical reexamination of many well-established principles and doctrines of classical international law, such as acquisition of territory, consent-based sources of international law, sovereignty, equality, resource allocation and international personality. This book aims to explore the legal theory and implications of the concept of the common heritage of mankind. It addresses almost all aspects of the concept in the light of the experience of three decades. The author takes into account the elements of the common heritage concept in the fields of jurisprudence, outer space law, the law of the sea, the law of Antarctica, international environmental law, human rights and general principles of public international law. It tries to develop a normative framework through which the concept may offer alternatives for the governance of the global commons.
Author: Thomas Cottier
Publisher: Cambridge University Press
ISBN: 9781108793544
Category : Law
Languages : en
Pages : 0
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Book Description
The Common Concern of Humankind today is central to efforts to bring about enhanced international cooperation in fields including, but not limited to, climate change. This book explores the expression's potential as a future legal principle. It sets out the origins of Common Concern, its differences to other common interest legal principles, and expounds the potential normative structure and effects of the principle, applying an approach of carrots and sticks in realizing goals defined as a Common Concern. Individual chapters test the principle in different legal fields, including climate technology diffusion, marine plastic pollution, human rights enforcement, economic inequality, migration, and monetary and financial stability. They confirm that basic obligations under the principle of 'Common Concern of Humankind' comprise not only that of international cooperation and duties to negotiate, but also of unilateral duties to act to enhance the potential of public international law to produce appropriate public goods.
Author: Emlin McClain
Publisher:
ISBN:
Category : Civilization
Languages : en
Pages : 26
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Book Description
Author: Larry McClurg
Publisher:
ISBN: 9781981039791
Category :
Languages : en
Pages : 386
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Book Description
Common law is the unwritten law, the will of mankind issuing from the life of the people. It existed long before the state or federal government or the Constitution. The law is cause no harm or loss to another man. It is so simple children can comprehend it. Do no harm, injury, or damage to life, liberty, or property of another is the only man made law binding on all.The only law mentioned in the Constitution for the United States of America is common law. Common law works the same in any common law country when it is based on Magna Carta and the Common Law of the people of England. The purpose of my book is to educate Americans on their common law heritage as it stands today.All of our courts are courts of record. A court of record doesn't simply mean the court is recording what you say, although that is what the legal system would sometimes have you believe. What it really means is that the court proceeds at common law without statutes or codes. Then why do courts seem to use statutes and codes? Courts designated as courts of record may act as statutory courts unless a party to a case objects. But who knew you can object to the court using statutes?The authority of a court of record at the common law comes from unalienable fundamental rights and may not be submitted to vote, and is not dependent on the Constitution or the outcome of elections. Courts of record proceed according to the course of the common law, without the aid of a statute or code. [Corpus Juris Secundum vol 25 section 344 ].Inferior courts are any courts that use statutes or codes. "Inferior courts" are those whose jurisdiction is limited and special and whose proceedings are not according to the course of the common law." [cf. Ex Parte Kearny, 55 Cal. 212; Smith v. Andrews, 6 Cal. 652]. Inferior criminal legislative and civil administrative courts may be sued directly, collaterally by a court of record at common law review without appealing, thus voiding inferior orders and judgments [c.f. Corpus Juris Vol XVII § § 3265-3268 (1919)].The "judge" has no discretion in a court of record at common law, and can only do ministerial functions, such as signing your orders. No judgment of a court of record can be appealed to the Supreme Court or an inferior court except by the rules of common law. There is no higher court. "The judgment of a court of record whose jurisdiction is final is as conclusive on all the world as the judgment of this Court would be. It is as conclusive on this Court as on other courts. It puts an end to inquiry concerning the fact by deciding it." - Chief Justice Marshall. Ex Parte Watkins, 28 U.S. 3 Pet. 193 (1830)."It is not possible to move a single step in any judicial or legislative proceeding, or to execute any part of our statutes, or of our constitution, without having recourse to the common law." [cf. 8 U.S. 75 (1807)].Constitutions can never establish Common Law, for then all Power would not be in the People, but would be in the Constitution which is only a piece of paper, and the People's right to redress grievances or to amend, change, or address any problem could not be. Governments are mere pieces of paper to be altered and changed to the whim of the living souls. Corporations are mere pieces of paper that government can change and alter at its whim.
Author: Oliver Wendell Holmes
Publisher: DigiCat
ISBN:
Category : Law
Languages : en
Pages : 338
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Book Description
DigiCat Publishing presents to you this special edition of "The Common Law" by Oliver Wendell Holmes. DigiCat Publishing considers every written word to be a legacy of humankind. Every DigiCat book has been carefully reproduced for republishing in a new modern format. The books are available in print, as well as ebooks. DigiCat hopes you will treat this work with the acknowledgment and passion it deserves as a classic of world literature.
