Causation In International Law

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Causation in International Law

Author : Alexander Orakhelashvili
Publisher : Edward Elgar Publishing
ISBN 13 : 9781803922430
Total Pages : 0 pages
Book Rating : 4.9/5 (224 download)

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Book Synopsis Causation in International Law by : Alexander Orakhelashvili

Download or read book Causation in International Law written by Alexander Orakhelashvili and published by Edward Elgar Publishing. This book was released on 2022-10-13 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this cutting-edge book, Alexander Orakhelashvili addresses the doctrine of causation, examining its suitability to influence, or contribute to, the process of responsibility of State and non-State actors in international law. In doing so, the book considers the record so far and places the international legal system's practical experience within its normative context. Split into four chapters, the book begins by examining the workings of causation across various national legal systems, including the common law and the civil law systems. The central second chapter considers the doctrine of causation within the structure of the law of State responsibility for internationally wrongful acts, focusing mainly on the ways in which causation is both adopted and bounded within the international legal system. The next chapter deals with the practice of international courts and tribunals relating to causation, including the International Court of Justice and the European Court of Human Rights, and the final chapter offers some critique of secondary literature on causation and related issues arising in national and international law. Deeply grounded in evidence, illuminating, comprehensive and timely, Causation in International Law will be key reading for academics, postgraduate students and practising lawyers in the areas of public international law and legal theory.

Causation in International Law

Author : Orakhelashvili, Alexander
Publisher : Edward Elgar Publishing
ISBN 13 : 1803922443
Total Pages : 229 pages
Book Rating : 4.8/5 (39 download)

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Book Synopsis Causation in International Law by : Orakhelashvili, Alexander

Download or read book Causation in International Law written by Orakhelashvili, Alexander and published by Edward Elgar Publishing. This book was released on 2022-10-13 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this cutting-edge book, Alexander Orakhelashvili addresses the doctrine of causation, examining its suitability to influence, or contribute to, the process of responsibility of State and non-State actors in international law. In doing so, the book considers the record so far and places the international legal system’s practical experience within its normative context.

Causation and International State Responsibility

Author : León Castellanos-Jankiewicz
Publisher :
ISBN 13 :
Total Pages : 74 pages
Book Rating : 4.:/5 (13 download)

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Book Synopsis Causation and International State Responsibility by : León Castellanos-Jankiewicz

Download or read book Causation and International State Responsibility written by León Castellanos-Jankiewicz and published by . This book was released on 2014 with total page 74 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work studies causation in the law of international State responsibility. It is submitted that the absence of causation as an element of the internationally wrongful act owes more to the structure of international law, than to the inadequateness of causation as a conceptual and legal construct to ascribe international responsibility. The lack of causal analysis for breach owes to the subsidiary role of primary rules in the process of determining the existence of an internationally wrongful act. Primary rules are even less relevant for the determination of reparations, which stem from injury arising from the international wrong. Moreover, international law carries out the attribution of wrongful conduct pursuant to the agency theory, which operates en lieu of causation. The absence of causal analysis from the determination of internationally wrongful acts is the result of consistent State practice, based on a clear distinction between the national and international legal orders. International responsibility is not domestic liability writ large; it is international accountability of international actors in the international community. The differences that international responsibility bears with domestic legal orders respond to the legal articulation of an international system of rules, distinct from the legal orders of the sovereign subjects it addresses. Causal analysis is only relevant for the assessment of damage and subsequent reparation of breaches of international law.

Proof of Causation in Tort Law

Author : Sandy Steel
Publisher : Cambridge University Press
ISBN 13 : 1107049105
Total Pages : 461 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Proof of Causation in Tort Law by : Sandy Steel

Download or read book Proof of Causation in Tort Law written by Sandy Steel and published by Cambridge University Press. This book was released on 2015-09-11 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: A clear, critical analysis of proof of causation in the law of tort in England, France and Germany.

Causation in the Law

Author : H. L. A. Hart
Publisher : OUP Oxford
ISBN 13 : 0191018295
Total Pages : 596 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Causation in the Law by : H. L. A. Hart

Download or read book Causation in the Law written by H. L. A. Hart and published by OUP Oxford. This book was released on 1985-05-16 with total page 596 pages. Available in PDF, EPUB and Kindle. Book excerpt: An updated and extended second edition supporting the findings of its well-known predecessor which claimed that courts employ common-sense notions of causation in determining legal responsibility.

Causation in European Tort Law

Author : Marta Infantino
Publisher : Cambridge University Press
ISBN 13 : 1108418368
Total Pages : 785 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Causation in European Tort Law by : Marta Infantino

Download or read book Causation in European Tort Law written by Marta Infantino and published by Cambridge University Press. This book was released on 2017-12-28 with total page 785 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book takes an original and comparative approach to issues of causation in tort law across many European legal systems.

The Oxford Handbook of Criminal Law

Author : Markus D Dubber
Publisher : OUP Oxford
ISBN 13 : 0191654604
Total Pages : 1294 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis The Oxford Handbook of Criminal Law by : Markus D Dubber

Download or read book The Oxford Handbook of Criminal Law written by Markus D Dubber and published by OUP Oxford. This book was released on 2014-11-27 with total page 1294 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.

The Oxford Handbook of Causation

Author : Helen Beebee
Publisher : OUP Oxford
ISBN 13 : 0191629464
Total Pages : 816 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis The Oxford Handbook of Causation by : Helen Beebee

Download or read book The Oxford Handbook of Causation written by Helen Beebee and published by OUP Oxford. This book was released on 2012-01-12 with total page 816 pages. Available in PDF, EPUB and Kindle. Book excerpt: Causation is a central topic in many areas of philosophy. In metaphysics, philosophers want to know what causation is, and how it is related to laws of nature, probability, action, and freedom of the will. In epistemology, philosophers investigate how causal claims can be inferred from statistical data, and how causation is related to perception, knowledge and explanation. In the philosophy of mind, philosophers want to know whether and how the mind can be said to have causal efficacy, and in ethics, whether there is a moral distinction between acts and omissions and whether the moral value of an act can be judged according to its consequences. And causation is a contested concept in other fields of enquiry, such as biology, physics, and the law. This book provides an in-depth and comprehensive overview of these and other topics, as well as the history of the causation debate from the ancient Greeks to the logical empiricists. The chapters provide surveys of contemporary debates, while often also advancing novel and controversial claims; and each includes a comprehensive bibliography and suggestions for further reading. The book is thus the most comprehensive source of information about causation currently available, and will be invaluable for upper-level undergraduates through to professional philosophers.

Principles of Shared Responsibility in International Law

Author : André Nollkaemper
Publisher : Cambridge University Press
ISBN 13 : 1316195384
Total Pages : 399 pages
Book Rating : 4.3/5 (161 download)

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Book Synopsis Principles of Shared Responsibility in International Law by : André Nollkaemper

Download or read book Principles of Shared Responsibility in International Law written by André Nollkaemper and published by Cambridge University Press. This book was released on 2014-12-04 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Shared Responsibility in International Law series examines the underexplored problem of allocation of responsibilities among multiple states and other actors. The International Law Commission, in its work on state responsibility and the responsibility of international organisations, recognised that attribution of acts to one state or organisation does not exclude possible attribution of the same act to another state or organisation, but has provided limited guidance on allocation or reparation. From the new perspective of shared responsibility, this volume reviews the main principles of the law of international responsibility as laid down in the Articles on State Responsibility and the Articles on Responsibility of International Organizations, such as attribution of conduct, breach, circumstances precluding wrongfulness and reparation. It explores the potential and limitations of current international law in dealing with questions of shared responsibility in areas such as military operations and international environmental law.

Contributory Fault and Investor Misconduct in Investment Arbitration

Author : Martin Jarrett
Publisher : Cambridge University Press
ISBN 13 : 110848140X
Total Pages : 207 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Contributory Fault and Investor Misconduct in Investment Arbitration by : Martin Jarrett

Download or read book Contributory Fault and Investor Misconduct in Investment Arbitration written by Martin Jarrett and published by Cambridge University Press. This book was released on 2019-07-11 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: Often derided for its asymmetry, this book shows how investors can be held to account in international investment law.

Causation in Competition Law Damages Actions

Author : Claudio Lombardi
Publisher : Cambridge University Press
ISBN 13 : 1108428622
Total Pages : 245 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Causation in Competition Law Damages Actions by : Claudio Lombardi

Download or read book Causation in Competition Law Damages Actions written by Claudio Lombardi and published by Cambridge University Press. This book was released on 2020-01-02 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: Elucidates the concept of causation in competition law damages and outlines its practical implications through relevant case law.

Critical Essays on "Causation and Responsibility"

Author : Benedikt Kahmen
Publisher : Walter de Gruyter
ISBN 13 : 3110302292
Total Pages : 432 pages
Book Rating : 4.1/5 (13 download)

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Book Synopsis Critical Essays on "Causation and Responsibility" by : Benedikt Kahmen

Download or read book Critical Essays on "Causation and Responsibility" written by Benedikt Kahmen and published by Walter de Gruyter. This book was released on 2013-10-14 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: Due to its scope and depth, Moore’s Causation and Responsibility is probably the most important publication in the philosophy of law since the publication of Hart’s and Honoré’s Causation in the Law in 1959. This volume offers, for the first time, a detailed exchange between legal and philosophical scholars over Moore’s most recent work. In particular, it pioneers the dialogue between English-speaking and German philosophy of law on a broad range of pressing foundational questions concerning causation in the law. It thereby fulfills the need for a comprehensive, international and critical discussion of Moore’s influential arguments. The 15 contributors to the proposed volume span the whole interdisciplinary field from law and morals to metaphysics, and the authors include distinguished criminal and tort lawyers, as well as prominent theoretical and practical philosophers from four nations. In addition, young researchers take brand-new approaches in the field. The collection is essential reading for anyone interested in legal and moral theory.

Secondary Rules of Primary Importance in International Law

Author : Gábor Kajtár
Publisher : Oxford University Press
ISBN 13 : 0192695614
Total Pages : 369 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis Secondary Rules of Primary Importance in International Law by : Gábor Kajtár

Download or read book Secondary Rules of Primary Importance in International Law written by Gábor Kajtár and published by Oxford University Press. This book was released on 2022-10-31 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: The focus of this edited volume is the often-overlooked importance of secondary rules of international law. Secondary rules of international law-such as attribution, causality, and the standard and burden of proof-have often been neglected in scholarly literature and have seen fragmented application in international legal practice. Yet the systemic nature of international law entails that coherent and consistent application of such rules is a key element in reinforcing the legitimacy of decisions of international courts and tribunals. Accelerated development of international law and international litigation, coupled with the fragmented nature of the adjudicatory terrain calls for theoretical scrutiny and systemic analysis of the developments in the judicial treatment of secondary rules. This publication makes three important contributions to the study of secondary rules. First, it offers a comprehensive, expert doctrinal analysis of how standard of review, causation, evidentiary rules, and attribution operate in the case law of international courts or tribunals in fields spanning human rights, trade, investment, and humanitarian law. Second, it comparatively evaluates the divergent layers of meanings and normative expectations attached to secondary rules in international law scholarship as well as in the judicial practice of international courts and tribunals. Finally, the book investigates the role that secondary rules play in the development of the primary rules in international law and for the legitimacy of the decisions of international courts and tribunals. Earlier scholarly works have not problematized the role of secondary rules of international law in adjudication thoroughly. Secondary Rules of Primary Importance in International Law seeks to fill this gap by emphasizing the consequential nature of these secondary rules and argues that the outcome of litigation is fundamentally shaped by the exact standard of proof, standard of review, or attribution basis that is chosen by adjudicators. As such, the book offers an important resource for the study and practice of international law against the backdrop of the wide-ranging and fragmented nature of international adjudication.

Causation in the Law

Author : Herbert Lionel Adolphus Hart
Publisher : Oxford University Press
ISBN 13 :
Total Pages : 496 pages
Book Rating : 4.:/5 (43 download)

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Book Synopsis Causation in the Law by : Herbert Lionel Adolphus Hart

Download or read book Causation in the Law written by Herbert Lionel Adolphus Hart and published by Oxford University Press. This book was released on 1959 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Causation in International Relations

Author : Milja Kurki
Publisher : Cambridge University Press
ISBN 13 : 1139470760
Total Pages : 291 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Causation in International Relations by : Milja Kurki

Download or read book Causation in International Relations written by Milja Kurki and published by Cambridge University Press. This book was released on 2008-04-03 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: World political processes, such as wars and globalisation, are engendered by complex sets of causes and conditions. Although the idea of causation is fundamental to the field of International Relations, what the concept of cause means or entails has remained an unresolved and contested matter. In recent decades ferocious debates have surrounded the idea of causal analysis, some scholars even questioning the legitimacy of applying the notion of cause in the study of International Relations. This book suggests that underlying the debates on causation in the field of International Relations is a set of problematic assumptions (deterministic, mechanistic and empiricist) and that we should reclaim causal analysis from the dominant discourse of causation. Milja Kurki argues that reinterpreting the meaning, aims and methods of social scientific causal analysis opens up multi-causal and methodologically pluralist avenues for future International Relations scholarship.

Perspectives on Causation

Author : Richard Goldberg
Publisher : Bloomsbury Publishing
ISBN 13 : 1847318266
Total Pages : 478 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Perspectives on Causation by : Richard Goldberg

Download or read book Perspectives on Causation written by Richard Goldberg and published by Bloomsbury Publishing. This book was released on 2011-10-21 with total page 478 pages. Available in PDF, EPUB and Kindle. Book excerpt: The chapters in this volume arise from a conference held at the University of Aberdeen concerning the law of causation in the UK, Commonwealth countries, France and the USA. The distinguished group of international experts who have contributed to this book examine the ways in which legal doctrine in causation is developing, and how British law should seek to influence and be influenced by developments in other countries. As such, the book will serve as a focal point for the study of this important area of law. The book is organised around three themes - the black letter law, scientific evidence, and legal theory. In black letter law scholarship, major arguments have emerged about how legal doctrine will develop in cases involving indeterminate defendants and evidential gaps in causation. Various chapters examine the ways in which legal doctrine should develop over the next few years, in particular in England, Scotland, Canada and the USA, including the problem of causation in asbestos cases. In the area of scientific evidence, its role in the assessment of causation in civil litigation has never been greater. The extent to which such evidence can be admitted and used in causation disputes is controversial. This section of the book is therefore devoted to exploring the role of statistical evidence in resolving causation problems, including recent trends in litigation in the UK, USA, Australia and in France and the question of liability for future harm. In the legal theory area, the so-called NESS (necessary element in a sufficient set) test of causation is discussed and defended. The importance of tort law responding to developing science and observations from the perspective of precaution and indeterminate causation are also explored. The book will be of interest to legal academics, policy makers in the field, specialist legal practitioners, those in the pharmaceutical and bioscience sectors, physicians and scientists.

The Facts of Causation

Author : D.H. Mellor
Publisher : Routledge
ISBN 13 : 1134860331
Total Pages : 268 pages
Book Rating : 4.1/5 (348 download)

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Book Synopsis The Facts of Causation by : D.H. Mellor

Download or read book The Facts of Causation written by D.H. Mellor and published by Routledge. This book was released on 2002-09-11 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: Everything we do relies on causation. We eat and drink because this causes us to stay alive. Courts tell us who causes crimes, criminology tell us what causes people to commit them. D.H. Mellor shows us that to understand the world and our lives we must understand causation. The Facts of Causation, now available in paperback, is essential reading for students and for anyone interested in reading one of the ground-breaking theories in metaphysics. We cannot understand the world and our place in it without understanding causation. Yet a complete account of the nature and implications of causation does not exist. D.H Mellor's new book is that account.