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Author :
Publisher :
ISBN 13 :
Total Pages : 996 pages
Book Rating : 4.3/5 (511 download)
Download or read book Festschrift für Wolfgang Zeidler written by and published by . This book was released on 1987 with total page 996 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Walther Fürst
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (834 download)
Download or read book Festschrift für Wolfgang Zeidler written by Walther Fürst and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :
Publisher : de Gruyter
ISBN 13 : 9783112698495
Total Pages : 0 pages
Book Rating : 4.6/5 (984 download)
Download or read book Festschrift Für Wolfgang Zeidler, Band 2 written by and published by de Gruyter. This book was released on 1987-12-31 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Juliane Kokott
Publisher : BRILL
ISBN 13 : 9004638288
Total Pages : 315 pages
Book Rating : 4.0/5 (46 download)
Download or read book The Burden of Proof in Comparative and International Human Rights Law written by Juliane Kokott and published by BRILL. This book was released on 2023-12-28 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : Frauke Lachenmann
Publisher : Oxford University Press
ISBN 13 : 0191087564
Total Pages : 1473 pages
Book Rating : 4.1/5 (91 download)
Download or read book The Law of Armed Conflict and the Use of Force written by Frauke Lachenmann and published by Oxford University Press. This book was released on 2016-12-15 with total page 1473 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume brings together articles on the law of armed conflict and the use of force from the Max Planck Encyclopedia of Public International Law, the definitive reference work on international law. It provides an invaluable resources for scholars, students, and practitioners of international humanitarian law, giving an accessible, thorough overview of all aspects of the field. Each article contains cross-references to related articles, and includes a carefully selected bibliography of the most important writings and primary materials as a guide to further reading. The Encyclopedia can be used by a wide range of readers. Experienced scholars and practitioners will find a wealth of information on areas that they do not already know well as well as in-depth treatments on every aspect of their specialist topics. Articles can also be set as readings for students on taught courses.
Author : Ronald Macdonald
Publisher : BRILL
ISBN 13 : 9004633596
Total Pages : 970 pages
Book Rating : 4.0/5 (46 download)
Download or read book The European System for The Protection of Human Rights written by Ronald Macdonald and published by BRILL. This book was released on 1993-01-01 with total page 970 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :
Publisher : Oxford University Press
ISBN 13 : 0192679732
Total Pages : 6378 pages
Book Rating : 4.1/5 (926 download)
Download or read book The Charter of the United Nations written by and published by Oxford University Press. This book was released on 2024-07-04 with total page 6378 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the third edition of this commentary on the Charter of the United Nations was published in 2012, the text of the Charter has not changed DL but the world has. Central pillars of the international order enshrined in the UN Charter are facing serious challenges, notably the prohibition of the use of force. Human rights, too, have come under increasing pressure, now also from contemporary information technology. Global warming poses fundamental challenges for the world community as a whole in its effort to stabilize global ecosystems. Fully updated, the commentary takes up these and other developments. It features new chapters on Climate Change and the Human Rights Council. The commentary remains the authoritative, article-by-article account of the legislative history, interpretation, and practical application of each and every Charter provision. Written by a team of distinguished scholars and practitioners, this book combines academic research with the insights of practice. It is an indispensable tool of reference for all those interested in the United Nations and its legal significance for the world community. The Commentary will be crucial in combining solid legal foundations with new directions for the development of international law and the United Nations in the twenty-first century
Author : Austin Sarat
Publisher : Emerald Group Publishing
ISBN 13 : 1781904316
Total Pages : 152 pages
Book Rating : 4.7/5 (819 download)
Download or read book Special Issue: Who Belongs? written by Austin Sarat and published by Emerald Group Publishing. This book was released on 2013-01-15 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: Studies in Law, Politics, and Society is essential reading for legal scholars with a unique focus on the disciplines of sociology, politics and the humanities. This 60th anniversary issue examines how law defines identity. It discusses key topics such as; birthright citizenship, immigrant membership, immigration histories, and citizenship policies.
Author : Katharina Berner
Publisher : Springer
ISBN 13 : 3662549379
Total Pages : 340 pages
Book Rating : 4.6/5 (625 download)
Download or read book Subsequent Agreements and Subsequent Practice in Domestic Courts written by Katharina Berner and published by Springer. This book was released on 2017-11-21 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book analyses how subsequent agreements and subsequent practice as defined in articles 31 and 32 of the 1969 Vienna Convention on the Law of Treaties have been applied in interpretative reality. Based on the jurisprudence of domestic courts, it elucidates the distribution of power between the parties to a treaty and other actors. To start with, the book traces the origins of subsequent agreements and subsequent practice and places them in their broader legal context. Next, it explores the legal status and effects of subsequent agreements and subsequent practice, explains why such agreements are only rarely used, and defines the relevance of non-party practice in the interpretative process. In closing, it critically examines how domestic courts have approached the normative heart of subsequent practice, i.e. the notion of ‘agreement’. Thus, this book ultimately challenges the traditional assumption that the parties are the joint masters of the treaty.
Author : Matthias Ruffert
Publisher : sellier. european law publ.
ISBN 13 : 3935808917
Total Pages : 335 pages
Book Rating : 4.9/5 (358 download)
Download or read book The Transformation of Administrative Law in Europe written by Matthias Ruffert and published by sellier. european law publ.. This book was released on 2007 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This volume is a collection of the papers presented at the first ('kick-off') meeting in ... Dornburg, near Jena (Germany), 26-28 May 2005."--Foreword.
Author : Robert Thomas
Publisher : Bloomsbury Publishing
ISBN 13 : 1847311180
Total Pages : 146 pages
Book Rating : 4.8/5 (473 download)
Download or read book Legitimate Expectations and Proportionality in Administrative Law written by Robert Thomas and published by Bloomsbury Publishing. This book was released on 2000-08-18 with total page 146 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a comparison of the development of legitimate expectations and proportionality in European and English law against the different traditions of administrative law. While these two principles are well established in European law,only in recent years have the English courts years sought to integrate them into the common law and have experienced various difficulties in doing so. This book seeks to understand the motivation behind this development, explain why the English courts have been troubled by the principles and suggest how such difficulties can be resolved. It will be of interest to all administrative lawyers, both in practice and in academe. It will also be of interest to EU lawyers, particularly those interested in EU public law.
Author : Nikolai Wessendorf
Publisher : OUP Oxford
ISBN 13 : 019165387X
Total Pages : 3795 pages
Book Rating : 4.1/5 (916 download)
Download or read book The Charter of the United Nations written by Nikolai Wessendorf and published by OUP Oxford. This book was released on 2012-11-22 with total page 3795 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the second edition of this commentary on the Charter of the United Nations was published, the text of the Charter may not have changed but the world has. The wars in Iraq and Afghanistan have had a lasting impact on international law and the Commentary has been fully updated to take their impact into account. The new edition has been completely revised and features a completely new chapter on UN reform, analyzing the effect of reforms which have already been implemented and examining why other proposals for reform have failed. It will assess how these proposals could be improved, with a particular focus on the Security Council. This new edition also includes coverage of the creation of the Human Rights Council and the impact of the Responsibility to Protect doctrine. This is the authoritative, article-by-article account of the legislative history, interpretation, and practical application of each and every Charter provision. Written by a team of distinguished scholars and practitioners, this book combines academic research with the insights of practice, and is an indispensable work of reference for all those interested in the UN.The Commentary will be crucial in providing new directions for the development of international law and the United Nations in the twenty-first century.
Author : Iger F. Dekker
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9780792313342
Total Pages : 338 pages
Book Rating : 4.3/5 (133 download)
Download or read book The Gulf War of 1980-1988 written by Iger F. Dekker and published by Martinus Nijhoff Publishers. This book was released on 1992 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with a number of the most important international legal aspects of the Gulf War of 1980-1988. To date, remarkably little attention has been paid to this war from the international legal perspective. However, the need to do so seems obvious. Many more States than the two belligerents have directly or indirectly become involved as a result, in particular, of the extensive activities of the belligerent parties which were detrimental to the shipping of non-participating States. Furthermore, even if the hostilities have finally come to an end, the international community will still have to cope with the international legal aftermath for a prolonged period of time. After all, the Gulf War of 1980-1988 has placed certain matters, which for a long time seemed to have lost their place of prominence, at the centre of interest for international lawyers, notably the law of neutrality and some areas of the law of international armed conflict, particularly the rules regarding the conduct of war.
Author : Astrid J Delissen
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004636072
Total Pages : 700 pages
Book Rating : 4.0/5 (46 download)
Download or read book Humanitarian Law of Armed Conflict written by Astrid J Delissen and published by Martinus Nijhoff Publishers. This book was released on 1991-07 with total page 700 pages. Available in PDF, EPUB and Kindle. Book excerpt: The collection of essays is entitled `Challenges Ahead'. An ambitious title, but an appropriate one; for the contributors, as the 21st century draws near, ask themselves a number of basic questions about the future of the law in a world undergoing such profound changes. Their reflections will certainly give both cause for hope and reason to fear. This Liber Amicorum dedicated to Professor Frits Kalshoven, is written by specialists who for many years have given their best to the development and promotion of humanitarian law. It will make a significant contribution to the understanding of international humanitarian law.
Author : Donald P. Kommers
Publisher : Duke University Press
ISBN 13 : 0822352664
Total Pages : 902 pages
Book Rating : 4.8/5 (223 download)
Download or read book The Constitutional Jurisprudence of the Federal Republic of Germany written by Donald P. Kommers and published by Duke University Press. This book was released on 2012-11-09 with total page 902 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1989, The Constitutional Jurisprudence of the Federal Republic of Germany has become an invaluable resource for scholars and practitioners of comparative, international, and constitutional law, as well as of German and European politics. The third edition of this renowned English-language reference has now been fully updated and significantly expanded to incorporate both previously omitted topics and recent decisions of the German Federal Constitutional Court. As in previous editions, Donald P. Kommers and Russell A. Miller's discussions of key developments in German constitutional law are augmented by elegantly translated excerpts from more than one hundred German judicial decisions. Compared to previous editions of The Constitutional Jurisprudence of the Federal Republic of Germany, this third edition more closely tracks Germany's Basic Law and, therefore, the systematic approach reflected in the most-respected German constitutional law commentaries. Entirely new chapters address the relationship between German law and European and international law; social and economic rights, including the property and occupational rights cases that have emerged from Reunification; jurisprudence related to issues of equality, particularly gender equality; and the tension between Germany's counterterrorism efforts and its constitutional guarantees of liberty. Kommers and Miller have also updated existing chapters to address recent decisions involving human rights, federalism, European integration, and religious liberty.
Author : Kálmán Pócza
Publisher : Routledge
ISBN 13 : 0429883595
Total Pages : 226 pages
Book Rating : 4.4/5 (298 download)
Download or read book Constitutional Politics and the Judiciary written by Kálmán Pócza and published by Routledge. This book was released on 2018-11-19 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent confrontations between constitutional courts and parliamentary majorities, for example in Poland and Hungary, have attracted international interest in the relationship between the judiciary and the legislature in Central and Eastern European countries. Several political actors have argued that courts have assumed too much power after the democratic transformation process in 1989/1990. These claims are explicitly or implicitly connected to the charge that courts have constrained the room for manoeuvre of the legislatures too heavily and that they have entered the field of politics. Nevertheless, the question to what extent has this aggregation of power constrained the dominant political actors has never been examined accurately and systematically in the literature. The present volume fills this gap by applying an innovative research methodology to quantify the impact and effect of court’s decisions on legislation and legislators, and measure the strength of judicial decisions in six CEE countries.
Author : Ernst Hirsch Ballin
Publisher : Springer Nature
ISBN 13 : 9462653593
Total Pages : 338 pages
Book Rating : 4.4/5 (626 download)
Download or read book European Yearbook of Constitutional Law 2019 written by Ernst Hirsch Ballin and published by Springer Nature. This book was released on 2019-12-02 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Yearbook of Constitutional Law (EYCL) is an annual publication initiated by the Department of Public Law and Governance at Tilburg University and devoted to the study of constitutional law. It aims to provide a forum for in-depth analysis and discussion of new developments in the field, both in Europe and beyond. This inaugurate volume examines the safeguards and limits of judicial power in a variety of constitutional systems, both at the national and supranational level. The book approaches the judiciary as part of the constitutional system operating within a legal order that connects the citizens and institutions of the state to each other. Looking at the judiciary from this broader perspective, the traditional doctrine of the separation of powers would appear no longer to adequately represent the diversity and complexity of constitutional systems and their democratic legitimacy. Judicial independence does not mean isolation, but should better be understood as institutionalizing relationships that legitimize the power of the courts. The notions of ‘safeguards’ and ‘limits’ indicate the reciprocally enabling and protecting nature of these relationships. In recognition of this, the contributions to this volume analyse these safeguards and limits as relations existing within a complex constitutional architecture. State institutions, today, are involved in a fundamental transformation of their selfunderstanding as a result of changes in political culture. Several contributions to this volume provide examples of political criticism and pressure on the judiciary, against which the usual guarantees are unable to provide adequate protection. A convincing and effective response to threats to the judiciary’s independence requires a detailed and precise analysis of the judiciary’s constitutional safeguards and limits. This book offers a step in that direction.
