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Author : René Cassin
Publisher : Brussels: Établissements Émile Bruylant
ISBN 13 :
Total Pages : 668 pages
Book Rating : 4.F/5 ( download)
Download or read book Equity in the World's Legal Systems written by René Cassin and published by Brussels: Établissements Émile Bruylant. This book was released on 1973 with total page 668 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : John C. P. Goldberg
Publisher : Cambridge University Press
ISBN 13 : 1108421318
Total Pages : 483 pages
Book Rating : 4.1/5 (84 download)
Download or read book Equity and Law written by John C. P. Goldberg and published by Cambridge University Press. This book was released on 2019-08 with total page 483 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fusion of law and equity in common law systems was a crucial moment in the development of the modern law. In this volume leading scholars assess the significance of the fusion of law and equity from comparative, doctrinal, historical and theoretical perspectives.
Author : Catharine Titi
Publisher : Oxford University Press
ISBN 13 : 0192638270
Total Pages : 224 pages
Book Rating : 4.1/5 (926 download)
Download or read book The Function of Equity in International Law written by Catharine Titi and published by Oxford University Press. This book was released on 2021-06-11 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a systematic and comprehensive study of the legal concept of equity as it operates in contemporary international law. A principle with a long pedigree, equity has been present in legal thought and in municipal legal systems since antiquity. Introduced in international legal decisions through claims commissions and arbitral tribunals, equity became progressively part and parcel of the international law mainstream. From international cultural heritage law to the law on climate change, from maritime boundary delimitations to decisions on security for costs in investment arbitration, the relevance of equity is more far-reaching than has previously been acknowledged. In contrast with earlier studies on the topic, this book is informed by a body of judicial and arbitral case law that has never been so substantial and varied. It also draws extensively on the prolific case law of investment tribunals, gaining insights from a valuable source that is typically overlooked in public international law scholarship. As the importance of international law increases, covering continuously new domains, the value of equity increases with it. It is this new equity in the international law of the 21st century that this book explores.
Author : Catharine Titi
Publisher : Oxford University Press
ISBN 13 : 0198868006
Total Pages : 225 pages
Book Rating : 4.1/5 (988 download)
Download or read book The Function of Equity in International Law written by Catharine Titi and published by Oxford University Press. This book was released on 2021 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on a large and varied body of judicial and arbitral case law, this book provides a comprehensive, original, and up-to-date account of the role of equity in international law.
Author : René David
Publisher : Simon and Schuster
ISBN 13 : 0029076102
Total Pages : 612 pages
Book Rating : 4.0/5 (29 download)
Download or read book Major Legal Systems in the World Today written by René David and published by Simon and Schuster. This book was released on 1978 with total page 612 pages. Available in PDF, EPUB and Kindle. Book excerpt: A significant introduction to the study of comparative law and a notable scholarly work, Major Legal Systems in the World Today analyzes the general characteristics which lie behind the development of the four principal legal systems of the world: the Civil law, the Common law, the Socialist law (primarily Soviet), and those based on religious or philosophical principles (Muslim, Hindu, Chinese, Japanese, and African). Providing unique insights into the spirt of each legal family, the book presents a total view of the historical foundation and the sources and structure of the law in each system.
Author : María José Falcón y Tella
Publisher : BRILL
ISBN 13 : 904744034X
Total Pages : 356 pages
Book Rating : 4.0/5 (474 download)
Download or read book Equity and Law written by María José Falcón y Tella and published by BRILL. This book was released on 2008-12-31 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: Equity is a multi-faceted subject, an authentic crossroads of problems. The perspective of this study is, as a result, a mix of focuses, which includes: the philosophy of law, general legal theory, justice theory, the history of law, comparative law, legal dogma, etc. In this book, as in various earlier studies of the author, she uses the "three-dimensional" method, which facilitates a stratified focus in agreement with three levels: facts, norms, and values. The subject of equity has never been analysed as completely as in this work. It includes a dynamic study of the different types of equity throughout history and in the different legal systems; the concept, content, limits, functions and types of equity; the relationship between equity and related ideas, and equity in all the branches of the legal order.
Author : John Henry Wigmore
Publisher :
ISBN 13 :
Total Pages : 564 pages
Book Rating : 4.3/5 (91 download)
Download or read book A Panorama of the World's Legal Systems written by John Henry Wigmore and published by . This book was released on 1928 with total page 564 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Wolfgang Fikentscher
Publisher : Mohr Siebeck
ISBN 13 : 9783161479137
Total Pages : 720 pages
Book Rating : 4.4/5 (791 download)
Download or read book Modes of Thought written by Wolfgang Fikentscher and published by Mohr Siebeck. This book was released on 2004 with total page 720 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Ciarán Burke
Publisher : Bloomsbury Publishing
ISBN 13 : 178225126X
Total Pages : 398 pages
Book Rating : 4.7/5 (822 download)
Download or read book An Equitable Framework for Humanitarian Intervention written by Ciarán Burke and published by Bloomsbury Publishing. This book was released on 2013-05-09 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book aims to resolve the dilemma regarding whether armed intervention as a response to gross human rights violations is ever legally justified without Security Council authorisation. Thus far, international lawyers have been caught between giving a negative answer on the basis of the UN Charter's rules ('positivists'), and a 'turn to ethics', declaring intervention legitimate on moral grounds, while eschewing legal analysis ('moralists'). In this volume, a third solution is proposed. The idea is presented that many equitable principles may qualify as 'general principles of law recognised by civilised nations' - one of the three principal sources of international law (though a category that is often overlooked) - a conclusion based upon detailed research of both national legal systems and international law. These principles, having normative force in international law, are then used to craft an equitable framework for humanitarian intervention. It is argued that the dynamics of their operation allow them to interact with the Charter and customary law in order to fill gaps in the existing legal structure and soften the rigours of strict law in certain circumstances. It is posited that many of the moralists' arguments are justified, albeit based upon firm legal principles rather than ethical theory. The equitable framework proposed is designed to provide an answer to the question of how humanitarian intervention may be integrated into the legal realm. Certainly, this will not mean an end to controversies regarding concrete cases of humanitarian intervention. However, it will enable the framing of such controversies in legal terms, rather than as a choice between the law and morality. '...has potential to become one of the most important books in public international law of the decade, or in a generation'. Martin Scheinin, Professor of Public International Law, European University Institute, Florence
Author : ... Carreau-Shaw
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789041100832
Total Pages : 820 pages
Book Rating : 4.1/5 (8 download)
Download or read book La Dette Extérieure written by ... Carreau-Shaw and published by Martinus Nijhoff Publishers. This book was released on 1995 with total page 820 pages. Available in PDF, EPUB and Kindle. Book excerpt: The practical importance of the subject of 'The External Debt' in contemporary international life goes without saying. On the analytical level, the interest and indeed the difficulty of the subject lies in the need for a multidisciplinary approach, where political, financial and legal aspects are closely linked and require a clear understanding. From the purely legal point of view, the traditional and largely artificial boundaries between private and public law, between private international law and public international law and even, more generally, between municipal and international law are clearly marked here. In this respect any analyst has to be a complete jurist, and this collection of essays (in English and French) is an illustration of this fact.
Author : Jerald Greenberg
Publisher : Academic Press
ISBN 13 : 1483274128
Total Pages : 519 pages
Book Rating : 4.4/5 (832 download)
Download or read book Equity and Justice in Social Behavior written by Jerald Greenberg and published by Academic Press. This book was released on 2014-05-10 with total page 519 pages. Available in PDF, EPUB and Kindle. Book excerpt: Equity and Justice in Social Behavior provides a critical assessment of the social psychological knowledge relevant to justice. This book illustrates how the broad concept of justice pervades the core literature of social psychology. Organized into 12 chapters, this book begins with an overview of the primary justice theories and identifies some of the focal issues with which they are concerned. This text then provides the necessary theoretical background for the study. Other chapters consider the various individual difference variables known to affect adherence to social justice norms. This book explains as well how the perceived causes of justice affect attempts to seek redress, and how actors and observers diverge in their perspectives about justice. The final chapter deals with the normative and instrumental interpretations that have been offered to explain justice behavior. This book is a valuable resource for social psychologists, social scientists, philosophers, political actors, theorists, and graduate students.
Author : Fulvio Maria Palombino
Publisher : Springer
ISBN 13 : 9462652104
Total Pages : 199 pages
Book Rating : 4.4/5 (626 download)
Download or read book Fair and Equitable Treatment and the Fabric of General Principles written by Fulvio Maria Palombino and published by Springer. This book was released on 2017-11-27 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book moves from the circumstance whereby currently the obligation to provide fair and equitable treatment (FET) to foreign investments is included in the majority of international investment agreements and has proved to be the most invoked standard in investor-State arbitration. Hence, it is no overstatement to describe this standard as the basic norm of international investment law. Yet both its meaning and normative basis continue to be shrouded in ambiguity and, as a consequence, to inspire a considerable number of interpretations by legal writers. The book's precise aim is to unravel such ambiguity, arguing from the idea that FET has become part of the fabric of general international law, but has done so by means of a source somewhat neglected in legal doctrine. This being the category of general principles peculiar to a certain field of international law, i.e. those principles having their own foundations in the international legal order itself, but which, through the mediation of the judge, end up being shaped according to the features typical of a specific normative field. The book, as well as having a solid theoretical backdrop as its basis, offers a careful and critical analysis of pertinent case law, and will prove useful to both scholars and practitioners. Fulvio Maria Palombino is Professor of International Law at the Law Department of the University of Naples Federico II and a member of the Executive Board of the European Society of International Law. Specific to this book: • Explains the ICSID practice clearly and concisely • Useful in practical terms Excerpts from a review: ‘Fair and Equitable Treatment and the Fabric of General Principles’ is an original and well researched book, in which the author challenges a number of conventional wisdoms on FET.Among the strengths of the book one can mention the solid discussion of public international law principles relevant to FET and the interesting incursions into domestic law legal systems which play an important role in the understanding of FET components such as due process, legitimate expectations or proportionality. In particular the section on promises provides a convincing analysis of the issues that arise when the administration makes an assurance or representation to an investor. Against the backdrop of the examination of unilateral acts under public international law, Palombino’s analysis sheds new light on what ought to be the proper scope of protection under the legitimate expectations doctrine in case of governmental promises, clarifying a number of points which have received insufficient attention by arbitral tribunals thus far. - Michele Potestà, Attorney with Lévy Kaufmann-Kohler, Geneva; Senior Researcher, Geneva Center for International Dispute Settlement (CIDS) book review in International and Comparative Law Quarterly, (2018) 67(4), 1036-1037. For the full review, see: https://doi.org/10.1017/S0020589318000246
Author : George P. Fletcher
Publisher : Oxford University Press
ISBN 13 : 0199883270
Total Pages : 696 pages
Book Rating : 4.1/5 (998 download)
Download or read book American Law in a Global Context written by George P. Fletcher and published by Oxford University Press. This book was released on 2005-02-03 with total page 696 pages. Available in PDF, EPUB and Kindle. Book excerpt: American Law in a Global Context is an elegant and erudite introduction to the American legal system from a global perspective. It covers the law and lawyering tools taught in the first year of law school, explaining the underlying concepts and techniques of the common law used in U.S. legal practice. The ideas central to the development and practice of American law, as well as constitutional law, contracts, property, criminal law, and courtroom procedure, are all presented in their historical and intellectual contexts, accessible to the novice but with insight that will inform the expert. Actual cases illuminate each major subject, engaging readers in the legal process and the arguments between real people that make American law an ever-evolving system.
Author : John J. Coughlin
Publisher : Oxford University Press, USA
ISBN 13 : 0199756775
Total Pages : 310 pages
Book Rating : 4.1/5 (997 download)
Download or read book Law, Person, and Community written by John J. Coughlin and published by Oxford University Press, USA. This book was released on 2012-04-19 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication takes up the fundamental question 'What is law?' through a comparative study of canon law and secular legal theory. The book also includes comparative consideration of the failure of canon law to address the clergy sexual abuse crisis the canon law of marriage, administrative law, the rule of law and much more.
Author : Neusner
Publisher : BRILL
ISBN 13 : 9004670521
Total Pages : 262 pages
Book Rating : 4.0/5 (46 download)
Download or read book A History of the Mishnaic Law of Damages, Volume 5: Mishnaic System of Damages written by Neusner and published by BRILL. This book was released on 2023-09-20 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Robert Kolb
Publisher : Bloomsbury Publishing
ISBN 13 : 1782258817
Total Pages : 511 pages
Book Rating : 4.7/5 (822 download)
Download or read book Theory of International Law written by Robert Kolb and published by Bloomsbury Publishing. This book was released on 2016-10-20 with total page 511 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book seeks to analyse various aspects of international law, the link being how they structure and marshal the different forces in the international legal order. It takes the following approaches to the matter. First, an attempt is made to determine the fundamental characteristics of international law, the forces that delineate and permeate its applications. Secondly, the multiple relations between law and policy are analysed. Politics are a highly relevant factor in the implementation of every legal order (and also a threat to it); this is all the more true in international law, where the two forces, law and politics, have significant links. Thirdly, the discussion focuses on a series of fundamental socio-legal notions: the common good, justice, legal security, reciprocity (plus equality and proportionality), liberty, ethics and social morality, and reason.
Author : Milan Bulajic
Publisher : BRILL
ISBN 13 : 9004635920
Total Pages : 504 pages
Book Rating : 4.0/5 (46 download)
Download or read book Principles of International Development Law written by Milan Bulajic and published by BRILL. This book was released on 2023-10-09 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt: The growing population of Europe needs adequate and wholesome food at reasonable prices and a sufficient supply of pure drinking water. Accommodating this need and the many other pressures on land while maintaining biodiversity, ecosystems, and cultural landscapes is a matter of continuing concern and debate in Europe. The changing nature of agriculture, concerns about agricultural subsidies and surpluses, food and water quality issues, and discussion of the future of the European Union (EU)'s Common Agricultural Policy have all increased the intensity of this debate in recent years. Through its discussion of how best to achieve sustainable land use, Agriculture and Sustainable Land Use in Europe tackles this wide range of issues, examining problems faced by the EU concerning the future of rural communities, the maintenance of an attractive and diverse countryside, and more. This work comprises papers presented at two conferences organised by groups of European Environmental Advisory Councils. These papers offer the reader access to a broad range of experience and points of view, making Agriculture and Sustainable Land Use in Europe a contribution of particular value to the debate on these issues.
