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La Proportionnalite Et Le Droit Penal General
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Book Synopsis General Principles of Law by : Stefan Vogenauer
Download or read book General Principles of Law written by Stefan Vogenauer and published by Bloomsbury Publishing. This book was released on 2017-06-15 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining general principles of law provides one of the most instructive examples of the intersection between EU law and comparative law. This collection draws on the expertise of high-profile and distinguished scholars to provide a critical examination of this interaction. It shows how general principles of EU law need to be responsive to national laws. In addition, it is clear that the laws of the Member States have no choice but to be responsive to the general principles which are developed through EU law. Viewed through the perspective of proportionality, legal certainty, and fundamental rights, the dynamic relationship between the ingenuity of the Court of Justice, the legislative process and the process of Treaty revision is comprehensively illustrated.
Book Synopsis Sentencing in International Criminal Law by : Silvia D'Ascoli
Download or read book Sentencing in International Criminal Law written by Silvia D'Ascoli and published by Bloomsbury Publishing. This book was released on 2011-04-01 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with sentencing in international criminal law, focusing on the approach of the UN ad hoc Tribunals for the former Yugoslavia (ICTY) and Rwanda (ICTR). In contrast to sentencing in domestic jurisdictions, and in spite of its growing importance, sentencing law is a part of international criminal law that is still 'under construction' and is unregulated in many aspects. International sentencing law and practice is not yet defined by exact norms and principles and as yet there is no body of international principles concerning the determination of sentence, notwithstanding the huge volume of sentencing research and the extensive modern debate about sentencing principles. Moreover international judges receive very little guidance in sentencing matters: this contributes to inconsistencies and may increase the risk that similar cases will be sentenced in different ways. One purpose of this book is to investigate and evaluate the process of international sentencing, especially as interpreted by the ICTY and the ICTR, and to suggest a more comprehensive and coherent system of guiding principles, which will foster the development of a law of sentencing for international criminal justice. The book discusses the law and jurisprudence of the ad hoc Tribunals, and also presents an empirical analysis of influential factors and other data from ICTY and ICTR sentencing practice, thus offering quantitative support for the doctrinal analysis. This publication is one of the first to be entirely devoted to the process of sentencing in international criminal justice. The book will thus be of great interest to practitioners, academics and students of the subject.
Author :Court of Justice of the European Un Publisher :Springer Science & Business Media ISBN 13 :9067048976 Total Pages :711 pages Book Rating :4.0/5 (67 download)
Book Synopsis The Court of Justice and the Construction of Europe: Analyses and Perspectives on Sixty Years of Case-law -La Cour de Justice et la Construction de l'Europe: Analyses et Perspectives de Soixante Ans de Jurisprudence by : Court of Justice of the European Un
Download or read book The Court of Justice and the Construction of Europe: Analyses and Perspectives on Sixty Years of Case-law -La Cour de Justice et la Construction de l'Europe: Analyses et Perspectives de Soixante Ans de Jurisprudence written by Court of Justice of the European Un and published by Springer Science & Business Media. This book was released on 2012-12-05 with total page 711 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a contributed volume published by the Court of Justice of the European Union on the occasion of its 60th anniversary. It provides an insight to the 60 years of case-law of the Court of Justice and its role in the progress of European Integration. The book includes contributions from eminent jurists from almost all the EU Member States. All the main areas of European Union are covered in a systematic way. The contributions are regrouped in four chapters dedicated respectively to the role of the Court of Justice and the Judicial Architecture of the European Union, the Constitutional Order of the European Union, the Area of EU Citizens and the European Union in the World. The topics covered remain of interest for several years to come. This unique book, a "must-have" reference work for Judges and Courts of all EU Members States and candidate countries, and academics and legal professionals who are active in the field of EU law, is also valuable for Law Libraries and Law Schools in Europe, the United States of America, Latin America, Asia and Africa and law students who focus their research and studies in EU law.
Book Synopsis The Judge and the Proportionate Use of Discretion by : Sofia Ranchordás
Download or read book The Judge and the Proportionate Use of Discretion written by Sofia Ranchordás and published by Routledge. This book was released on 2015-06-12 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines different legal systems and analyses how the judge in each of them performs a meaningful review of the proportional use of discretionary powers by public bodies. Although the proportionality test is not equally deep-rooted in the literature and case-law of France, Germany, the Netherlands and the United Kingdom, this principle has assumed an increasing importance partly due to the influence of the European Court of Justice and European Court of Human Rights. In the United States, different standards of judicial review are applied to review ‘arbitrary and capricious’ agency discretion. However, do US judges achieve a similar result to the proportionality or reasonableness test? Drawing together a selection of key experts in the field, this book analyses the principle of proportionality in the judicial review of administrative decisions from different perspectives. The principle is first examined in the context of recent developments in the literature and case-law, including the inevitable EU influence, then light shall be shed on the meaning of this principle in the specific case-law of the European Court of Justice and European Court of Human Rights. Finally, the authors go on to explore the ways in which US judges consciously ‘sanction’ the ‘disproportionate’ and/or unreasonable’ use of agency discretion. In the legal systems where the proportionality test plays a very limited role, Ranchordás and de Waard also try to clarify why this is the case and look at what alternative solutions have been found. This book will be of great interest to scholars of public and administrative law, and EU law.
Book Synopsis Customary Law Today by : Laurent Mayali
Download or read book Customary Law Today written by Laurent Mayali and published by Springer. This book was released on 2018-06-21 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses current practices in customary law. It includes contributions by scholars from various legal systems (the USA, France, Israel, Canada etc.), who examine the current impacts of customary law on various aspects of private law, constitutional law, business law, international law and criminal law. In addition, the book expands the traditional concept of the rule of law, and argues that lawyers should not narrowly focus on statutory law, but should instead pay more attention to the impact of practices on “real legal life.” It states that the observation of practices calls for a stronger focus on usage, customs and traditions in our legal systems – the idea being not to replace statutory law, but to complement it with customary observations.
Book Synopsis Judicial Reports / Recueils judiciaires, 1997 by : Int. Criminal Tribunal for the former Yu
Download or read book Judicial Reports / Recueils judiciaires, 1997 written by Int. Criminal Tribunal for the former Yu and published by BRILL. This book was released on 2004-03-01 with total page 822 pages. Available in PDF, EPUB and Kindle. Book excerpt: The "Judicial Reports/Recueils judiciaires" of the International Criminal Tribunal for the former Yugoslavia (ICTY) comprise (in English and French) all public Indictments, as well as Decisions and Judgements issued in a given year. It will give lawyers, scholars, students and the general public convenient access to the historic work of the ICTY, which was established pursuant to United Nations Security Council Resolution 827 in 1993 to try individuals accused of serious violations of international humanitarian law committed in the territory of the former Yugoslavia since 1991. The "Judicial Reports" are organized chronologically by case. Within each case, one will find the text of Indictments, reviews of Indictments and, where applicable, deferral requests. Thereafter the text of a public review of the Indictment pursuant to Rule 61 may follow. The publication also contains the texts of the Orders, Decisions and Judgements, as well as the separate and/or dissenting opinions that may accompany a given Trial Chamber or Appeals Chamber ruling. The "Judicial Reports" will contribute to a greater knowledge of the judicial activities of the ICTY. Various annexes, such as a table of cases, a list of Indictments and Indictees, a table of Deferrals and of Rule 61 Procedures, as well as a table of references, facilitates the use of these volumes.
Author :Katharina Boele-Woelki Publisher :Eleven International Publishing ISBN 13 :9077596194 Total Pages :1057 pages Book Rating :4.0/5 (775 download)
Book Synopsis General Reports of the XVIIth Congress of the International Academy of Comparative Law by : Katharina Boele-Woelki
Download or read book General Reports of the XVIIth Congress of the International Academy of Comparative Law written by Katharina Boele-Woelki and published by Eleven International Publishing. This book was released on 2007 with total page 1057 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work contains the General Reports presented at the XVIIth Congress of the International Academy of Comparative Law (IACL), which was held in July 2006 in Utrecht. A wide variety of topics is covered in this collection, ranging from liability of judges to competition law. The book provides an interesting assessment of the development of comparative law in recent decades and shows the growing importance of comparative law in various disciplines of law.
Author :Canada. Parliament. House of Commons. Standing Committee on Justice and Solicitor General Publisher : ISBN 13 : Total Pages :672 pages Book Rating :4.3/5 (91 download)
Book Synopsis Des Responsabilités À Assumer by : Canada. Parliament. House of Commons. Standing Committee on Justice and Solicitor General
Download or read book Des Responsabilités À Assumer written by Canada. Parliament. House of Commons. Standing Committee on Justice and Solicitor General and published by . This book was released on 1988 with total page 672 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :Academie De Droit International De La Ha Publisher :Martinus Nijhoff Publishers ISBN 13 :9789028612822 Total Pages :746 pages Book Rating :4.6/5 (128 download)
Book Synopsis Recueil Des Cours, Collected Courses 1957 by : Academie De Droit International De La Ha
Download or read book Recueil Des Cours, Collected Courses 1957 written by Academie De Droit International De La Ha and published by Martinus Nijhoff Publishers. This book was released on 1968-12-01 with total page 746 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Criminal Liability of Corporations = LA Criminalisation Du Comportement Collectif by : Hans De Doelder
Download or read book Criminal Liability of Corporations = LA Criminalisation Du Comportement Collectif written by Hans De Doelder and published by Martinus Nijhoff Publishers. This book was released on 1996 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume contains fourteen national reports and the general report on the subject of "Criminal Liability of Corporations," written for the XIVth Congress of the International Academy of Comparative Law which was held in 1994 in Athens, Greece. The issue of criminal liability of corporations is being discussed worldwide, as is apparent in the many changes which are taking place in both criminal law and administrative law in several countries. The national reports give an overview of the various trends in criminal policy when addressing the topic of liability of corporations and the general report sets out a common thread in this field.
Book Synopsis Droit d’auteur 4.0 / Copyright 4.0 by : Benhamou Yaniv
Download or read book Droit d’auteur 4.0 / Copyright 4.0 written by Benhamou Yaniv and published by de Werra Jacques, Université de Genève. This book was released on 2018-01-01 with total page 197 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cet ouvrage rassemble les contributions consacrées au droit d’auteur à l’ère du numérique et présentées lors de la Journée de Droit de la Propriété Intellectuelle (www.jdpi.ch) organisée le 22 février 2017 à l’Université de Genève. Ces contributions sont: Blocage de sites web en droit suisse : des injonctions civiles et administratives de blocage au séquestre pénal (Yaniv Benhamou) ; Website Blocking Injunctions-a decade of development (Jo Oliver/Elena Blobel) ; Le marché numérique européen : enseignements de la jurisprudence de la Cour de justice et perspectives règlementaires (Jean-Michel Bruguière) ; User-generated Content and Other Digital Copyright Challenges: A North American Perspective (Ysolde Gendreau) ; Copyright in the Digital Age: A view from Asia (Wenwei Guan) ; Deep Copyright: Up - and Downstream Questions Related to Artificial Intelligence (AI) and Machine Learning (ML) (Daniel Schoenberger).
Book Synopsis Necessity, Proportionality and the Use of Force by States by : Judith Gardam
Download or read book Necessity, Proportionality and the Use of Force by States written by Judith Gardam and published by Cambridge University Press. This book was released on 2004-11-18 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: There has been considerable debate in the international community as to the legality of the forceful actions in Kosovo in 1999, Afghanistan in 2002 and Iraq in 2003 under the United Nations Charter. There has been consensus, however, that the use of force in all these situations had to be both proportional and necessary. Against the background of these recent armed conflicts, this 2004 book offers the first comprehensive assessment of the twin requirements of proportionality and necessity as legal restraints on the forceful actions of States. It also provides a much-needed examination of the relationship between proportionality in the law on the use of force and international humanitarian law.
Book Synopsis La nécessité en droit international by : Sarah Cassella
Download or read book La nécessité en droit international written by Sarah Cassella and published by BRILL. This book was released on 2011-05-06 with total page 591 pages. Available in PDF, EPUB and Kindle. Book excerpt: La Commission du droit international, après avoir longuement hésité, a inscrit l’état de nécessité dans sa codification de la responsabilité des États en tant que circonstance excluant l’illicéité. L’objet de cette étude est de démontrer qu’il s’agit d’un mécanisme beaucoup plus diffus et fondamental du droit international, intimement lié à ses caractéristiques propres. Il a comme fonction la limitation des obligations substantielles des États lors de la survenance d’un fait-condition – la situation de nécessité – afin d’éviter que l’application du droit ne génère un coût social excessif. Sa réalisation requiert toujours une pondération des intérêts en conflit. Seulement lorsqu’un coût social excessif ne peut être évité, l’état de nécessité intervient dans le cadre des obligations secondaires de la responsabilité internationale, en tant que circonstance atténuante. After much hesitation, the International Law Commission codified the state of necessity as a circumstance precluding wrongfulness in the field of State responsibility. This study aims to demonstrate that it is a much wider mechanism, essential to international law and strictly connected to its own characteristics. It performs the function of limiting the substantial obligations of States in case of the realization of a fact condition – a situation of necessity – in order to avert an excessive social cost, born out of law implementation. It always works through a balance of conflicting interests. Only when a social cost cannot be avoided, the state of necessity, under the features of a mitigating circumstance, enters the field of secondary obligations relating to international responsibility.
Author :McGill University. Faculty of Law Publisher :Cowansville, Québec : Éditions Y. Blais ISBN 13 : Total Pages :496 pages Book Rating :4.F/5 ( download)
Book Synopsis Commercial Crime and Commercial Law by : McGill University. Faculty of Law
Download or read book Commercial Crime and Commercial Law written by McGill University. Faculty of Law and published by Cowansville, Québec : Éditions Y. Blais. This book was released on 1991 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Crime, Histoire & Sociétés written by and published by . This book was released on 1999 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Case Concerning Delimitation of the Maritime Boundary in the Gulf of Maine Area by : International Court of Justice
Download or read book Case Concerning Delimitation of the Maritime Boundary in the Gulf of Maine Area written by International Court of Justice and published by . This book was released on 1990 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt:
