Evolution And Application Of The Doctrine Of Legitimate Expectation In Administrative Law

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Handbook of International Investment Law and Policy

Author : Julien Chaisse
Publisher : Springer
ISBN 13 : 9789811336140
Total Pages : 0 pages
Book Rating : 4.3/5 (361 download)

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Book Synopsis Handbook of International Investment Law and Policy by : Julien Chaisse

Download or read book Handbook of International Investment Law and Policy written by Julien Chaisse and published by Springer. This book was released on 2021-08-17 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Handbook of International Investment Law and Policy is a one-stop reference source. This Handbook covers the main conceptual questions in a logical, scholarly yet easy to comprehend manner. It is based on a truly global vision insisting particularly on Global South related issues and developments. In this respect, the Handbook of International Investment Law and Policy provides an excellent modern treatment of international investment law which is one of the fastest growing areas of international economic law. Professor Julien Chaisse, Professor Leïla Choukroune, and Professor Sufian Jusoh are the editors-in-chief of the Handbook of International Investment Law and Policy, a 1,500-page reference book, which is anticipated becoming one of the most influenced reference books in the international economic law areas. This Handbook is a highly comprehensive set of four volumes of original materials designed to cover all facets of international investment law and policy. The chapters, written by world-leading experts, explore key ideas and debates in relation to: international investment substantive law (Volume I), Investor-state dispute settlement (Volume II); interaction between international investment law and other fields of international law (Volume III); and, the new trends and challenges for international investment law (Volume IV). The Handbook will feature more than 80 contributions from leading experts (academics, lawyers, government officials), including Vivienne Bath, M. Sornarajah, Mélida Hodgson, Rahul Donde, Roberto Echandi, Andrew Mitchell, Ernst-Ulrich Petersmann, Christina L. Beharry, Krista Nadakavukaren Schefer, Leon Trakman, Prabhash Ranjan, Emmanuel Jacomy, Mariel Dimsey, Stavros Brekoulakis, Romesh Weeramantry, Nathalie Bernasconi-Osterwalder, David Collins, Damilola S. Olawuyi, Katia Fach Gomez, Jaemin Lee, Alejandro Carballo-Leyda, Patrick W. Pearsall, Mark Feldman, Surya Deva, Luke Nottage, Rafael Leal-Arcas, James Nedumpara, Rodrigo Polanco, etc. This Handbook will be an essential reference tool for students and scholars of international economic law. Policy makers and researchers alike will find the Handbook of International Investment Law and Policy useful for years to come.

European Administrative Law

Author : Jürgen Schwarze
Publisher : Sweet & Maxwell Limited
ISBN 13 : 9780421965607
Total Pages : 1562 pages
Book Rating : 4.9/5 (656 download)

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Book Synopsis European Administrative Law by : Jürgen Schwarze

Download or read book European Administrative Law written by Jürgen Schwarze and published by Sweet & Maxwell Limited. This book was released on 2006-01-01 with total page 1562 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the development of an administrative law system in EU law, as distinct from the separate systems in member states' laws; shows how the general principles of administrative law are applied by the European courts; explains the impact of the European system on the national systems of administrative law; and more.

EU Administrative Law

Author : Paul Craig
Publisher : Oxford University Press
ISBN 13 : 0192567454
Total Pages : 994 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis EU Administrative Law by : Paul Craig

Download or read book EU Administrative Law written by Paul Craig and published by Oxford University Press. This book was released on 2018-10-25 with total page 994 pages. Available in PDF, EPUB and Kindle. Book excerpt: The third edition of EU Administrative Law provides comprehensive coverage of the administrative system in the EU and the principles of judicial review that apply in this area. This revised edition provides important updates on each area covered, including new case law; institutional developments; and EU legislation. These changes are located within the framework of broader developments in the EU. The chapters in the first half of the book deal with all the principal variants of the EU administrative regime. Thus there are chapters dealing with the history and taxonomy of the EU administrative regime; direct administration; shared administration; comitology; agencies; social partners; and the open method of coordination. The coverage throughout focuses on the legal regime that governs the particular form of administration and broader issues of accountability, drawing on literature from political science as well as law. The focus in the second part of the book shifts to judicial review. There are detailed chapters covering all principles of judicial review and the discussion of the law throughout is analytical and contextual. It begins with the principles that have informed the development of EU judicial review. This is followed by a chapter dealing with the judicial system and the way in which reform could impact on the subject matter of the book. There are then chapters dealing with competence; access; transparency; process; law, fact and discretion; rights; equality; legitimate expectations; two chapters on proportionality; the precautionary principle; two chapters on remedies; and the Ombudsman.

Is International Law International?

Author : Anthea Roberts
Publisher : Oxford University Press
ISBN 13 : 0190696419
Total Pages : 433 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis Is International Law International? by : Anthea Roberts

Download or read book Is International Law International? written by Anthea Roberts and published by Oxford University Press. This book was released on 2017 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book challenges the idea that international law looks the same from anywhere in the world. Instead, how international lawyers understand and approach their field is often deeply influenced by the national contexts in which they lived, studied, and worked. International law in the United States and in the United Kingdom looks different compared to international law in China and Russia, though some approaches (particularly Western, Anglo-American ones) are more influential outside their borders than others. Given shifts in geopolitical power and the rise of non-Western powers like China, it is increasingly important for international lawyers to understand how others coming from diverse backgrounds approach the field. By examining the international law academies and textbooks of the five permanent members of the UN Security Council, Roberts provides a window into these different communities of international lawyers, and she uncovers some of the similarities and differences in how they understand and approach international law.

Administrative Law: Cases and Materials

Author : Collins Parker
Publisher : African Books Collective
ISBN 13 : 9991642471
Total Pages : 478 pages
Book Rating : 4.9/5 (916 download)

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Book Synopsis Administrative Law: Cases and Materials by : Collins Parker

Download or read book Administrative Law: Cases and Materials written by Collins Parker and published by African Books Collective. This book was released on 2019-08-23 with total page 478 pages. Available in PDF, EPUB and Kindle. Book excerpt: Administrative Law: Cases and Materials is an important and comprehensive contribution to the legal literature on Namibian law. It will contribute to the development of Namibias jurisprudence. Experienced author and judge of the Namibian High Court, Dr Collins Parker discusses key principles of administrative law applicable to Namibia under the common law as developed and broadened by article 18 of the Namibian Constitution. To support propositions of law discussed in the text, he presents carefully selected extracts of judgments delivered in important cases. The book offers a rich source of judicial pronouncements as precedent that are not readily available to many students and teachers of law. The selected cases are from the superior courts in Namibia, South Africa, England, and Canada, all common law countries. There are also footnote references to cases from other common law countries like India, Zambia and Zimbabwe. Practitioners of law at the Bar or on the Bench, law researchers and other professionals in public authorities, including parastatals, private companies and other ord this book useful in the performance of their professional tasks.

Introduction to Law

Author : Jaap Hage
Publisher : Springer
ISBN 13 : 3319572520
Total Pages : 396 pages
Book Rating : 4.3/5 (195 download)

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Book Synopsis Introduction to Law by : Jaap Hage

Download or read book Introduction to Law written by Jaap Hage and published by Springer. This book was released on 2017-08-07 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is exceptional in the sense that it provides an introduction to law in general rather than the law of one specific jurisdiction, and it presents a unique way of looking at legal education. It is crucial for lawyers to be aware of the different ways in which societal problems can be solved and to be able to discuss the advantages and disadvantages of different legal solutions. In this respect, being a lawyer involves being able to reason like a lawyer, even more than having detailed knowledge of particular sets of rules. Introduction to Law reflects this view by focusing on the functions of rules and on ways of arguing the relative qualities of alternative legal solutions. Where ‘positive’ law is discussed, the emphasis is on the legal questions that must be addressed by a field of law and on the different solutions which have been adopted by, for instance, the common law and civil law tradition. The law of specific jurisdictions is discussed to illustrate possible answers to questions such as when the existence of a valid contract is assumed.

Legitimate Expectations in the Common Law World

Author : Matthew Groves
Publisher : Bloomsbury Publishing
ISBN 13 : 1509909494
Total Pages : 365 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Legitimate Expectations in the Common Law World by : Matthew Groves

Download or read book Legitimate Expectations in the Common Law World written by Matthew Groves and published by Bloomsbury Publishing. This book was released on 2017-01-12 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: The recognition and enforcement of legitimate expectations by courts has been a striking feature of English law since R v North and East Devon Health Authority; ex parte Coughlan [2001] 3 QB 213. Although the substantive form of legitimate expectation adopted in Coughlan was quickly accepted by English courts and received a generally favourable response from public law scholars, the doctrine of that case has largely been rejected in other common law jurisdictions. The central principles of Coughlan have been rejected by courts in common law jurisdictions outside the UK for a range of reasons, such as incompatibility with local constitutional doctrine, or because they mark an undesirable drift towards merits review. The sceptical and critical reception to Coughlan outside England is a striking contrast to the reception the case received within the UK. This book provides a detailed scholarly analysis of these issues and considers the doctrine of legitimate expectations both in England and elsewhere in the common law world.

General Principles of Law and International Investment Arbitration

Author : Andrea Gattini
Publisher : BRILL
ISBN 13 : 9004368388
Total Pages : 475 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis General Principles of Law and International Investment Arbitration by : Andrea Gattini

Download or read book General Principles of Law and International Investment Arbitration written by Andrea Gattini and published by BRILL. This book was released on 2018-05-29 with total page 475 pages. Available in PDF, EPUB and Kindle. Book excerpt: General Principles of Law in Investment Arbitration surveys the function of general principles in the field of international investment law, particularly in investment arbitration. The authors’ analysis provides a representative case study of how this informal source operates alongside and in the absence of other sources of applicable law. The contributions are divided into two parts, devoted respectively to substantive principles and procedural ones. The principles discussed in the book are selected for their currency in the practice, their contested nature and their relevance.

Legitimate Expectations in Administrative Law

Author : Søren J. Schønberg
Publisher : Oxford University Press on Demand
ISBN 13 : 9780198299479
Total Pages : 270 pages
Book Rating : 4.2/5 (994 download)

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Book Synopsis Legitimate Expectations in Administrative Law by : Søren J. Schønberg

Download or read book Legitimate Expectations in Administrative Law written by Søren J. Schønberg and published by Oxford University Press on Demand. This book was released on 2000 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: This original and stimulating book is the first systematic study of the principle of `legitimate expectations' in administrative law to appear in the English language. The notion of reasonable or legitimate expectations has played a central role in the development of administrative law over the last thirty years and it remains one of the most contentious and most frequently invoked grounds of judicial review. In this book Dr Schonberg provides a detailed, comparative, and critical analysis of that notion He begins by clarifying why administrative law should protect expectations at all, by linking expectations to fairness, trust in administration, and the Rule of Law with its requirements of legal certainty and formal equality. In the light of this framework he examines in detail the principles and rules which contribute to the protection of expectations. The scope of this analysis is broad, looking both at procedural and substantive principles of administrative law as wellas principles of tort liability and stautory compensation. In all of these areas, English law is carefully compared with French and EC law and is shown how the three legal systems often reach similar outcomes by the application of different legal principles and rules. The current state of English law is examined critically in the light of the comparative study of French and EC law, and a number of original suggestions for legal reform are presented. They include the adoption of: a generalprinciple of irrevocability of intra vires administrative decisions, a distinct principle of substantive legitimate expectations subject to a `significant imbalance' threshold for judicial intervention, and a statutory right to compensation for loss caused by `sufficiently serious' violations of public law.

An Integrative Rights-based Approach to Human Development in Africa

Author : Dejo Olowu
Publisher : PULP
ISBN 13 : 0981412467
Total Pages : 333 pages
Book Rating : 4.9/5 (814 download)

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Book Synopsis An Integrative Rights-based Approach to Human Development in Africa by : Dejo Olowu

Download or read book An Integrative Rights-based Approach to Human Development in Africa written by Dejo Olowu and published by PULP. This book was released on 2009 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: An integrative rights-based approach to human development in Africaby Dejo Olowu2009ISBN: 978-0-9814124-6-7Pages: x 322Print version: AvailableElectronic version: Free PDF available.

Vigilance and Restraint in the Common Law of Judicial Review

Author : Dean R. Knight
Publisher : Cambridge University Press
ISBN 13 : 110719024X
Total Pages : 309 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Vigilance and Restraint in the Common Law of Judicial Review by : Dean R. Knight

Download or read book Vigilance and Restraint in the Common Law of Judicial Review written by Dean R. Knight and published by Cambridge University Press. This book was released on 2018-04-19 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores how courts vary the depth of scrutiny in judicial review and the virtues of different approaches.

The Indian Yearbook of Comparative Law 2018

Author : Mahendra Pal Singh
Publisher : Springer
ISBN 13 : 9811370524
Total Pages : 400 pages
Book Rating : 4.8/5 (113 download)

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Book Synopsis The Indian Yearbook of Comparative Law 2018 by : Mahendra Pal Singh

Download or read book The Indian Yearbook of Comparative Law 2018 written by Mahendra Pal Singh and published by Springer. This book was released on 2019-07-10 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: This yearbook is a compilation of thematically arranged essays that critically analyseemerging developments, issues, and perspectives across different branches of law. Itconsists of research from scholars around the world with the view that comparativestudy would initiate dialogue on law and legal cultures across jurisdictions. The themesvary from jurisprudence of comparative law and its methodologies to intrinsic detailsof specific laws like memory laws. The sites of the enquiries in different chapters aredifferent legal systems, recent judgements, and aspects of human rights in a comparativeperspective. It comprises seven parts wherein the first part focuses on general themesof comparative law, the second part discusses private law through a comparative lens,and the third, fourth and fifth parts examine aspects of public law with special focuson constitutional law, human rights and economic laws. The sixth part engages withcriminal law and the last part of the book covers recent developments in the field ofcomparative law. This book intends to trigger a discussion on issues of comparativelaw from the vantage point of Global South, not only focusing on the Global North.It examines legal systems of countries from far-east and sub-continent and presentsinsights on their working. It encourages readers to gain a nuanced understanding ofthe working of law, legal systems and legal cultures, adding to existing deliberationson the constituents of an ideal system of law.

Halsbury's Laws of England

Author :
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (128 download)

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Book Synopsis Halsbury's Laws of England by :

Download or read book Halsbury's Laws of England written by and published by . This book was released on 1990 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Textbook on Administrative Law

Author : Peter Leyland
Publisher : Oxford University Press, USA
ISBN 13 : 0199601666
Total Pages : 545 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis Textbook on Administrative Law by : Peter Leyland

Download or read book Textbook on Administrative Law written by Peter Leyland and published by Oxford University Press, USA. This book was released on 2013 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: The seventh edition of Textbook on Administrative Law continues to provide students with an accessible and stimulating guide to the subject. Practical in approach, the authors concentrate on fully analysing core topics, while at the same time setting them within a contextual and thematic framework.

Administrative Law and Judicial Review in Papua New Guinea

Author : Christopher Karaiye
Publisher : Notion Press
ISBN 13 : 1645871754
Total Pages : 694 pages
Book Rating : 4.6/5 (458 download)

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Book Synopsis Administrative Law and Judicial Review in Papua New Guinea by : Christopher Karaiye

Download or read book Administrative Law and Judicial Review in Papua New Guinea written by Christopher Karaiye and published by Notion Press. This book was released on 2019-06-18 with total page 694 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a compendium of administrative law and judicial review in Papua New Guinea. In this book the author precisely recounts the history of the development of administrative law and judicial review in England and some other common law jurisdictions. The main theme of the book is, however, devoted to judicial review in Papua New Guinea. The practice and procedure for appealing from the decision of the National Court in judicial review are unique and onerous. This book evaluates them in detail to give the readers a complete sense of reference. The interlocutory procedures encapsulated in this book are also relevant for any proceeding before the courts. At the end of various chapters, the author makes some insightful and thought-provoking commentaries on gaps found in judicial review. The book is an authoritative text for lawyers, law students, academia, judicial officers and other interested persons alike. It is a must read for lawyers and law students who seek to be familiar with the often cumbersome judicial review procedures and practices. For students and scholars in other disciplines who aim to learn and abreast themselves of how administrative law affects administrative action and public policy, this book is a perfect choice. The book dissects complex administrative law concepts and enables lay persons, including those in the public service, to fully understand and apply them. The book is a valuable resource material for the Pacific Island countries like Fiji, Vanuatu and Solomon Islands, who have adopted the common law legal systems similar to Papua New Guinea. BOOK REVIEWS “The author collates, culls and compiles one important material for use by judicial officers and practitioners in the area of judicial review.” – Leslie Mamu, LL.B, Acting Public Solicitor, Papua New Guinea, 18 February 2018, Port Moresby, PNG “This welcome new book by Christopher Karaiye is essential reading for all lawyers practising in the busy area of Judicial Review in PNG and also students of the topic. It is a well-researched and presented work and will be a worthy addition to my administrative law library.” – Terry Lambert, LL.B, LL.M, Barrister (Queensland, Australia), Lawyer (PNG), Solicitor (England & Wales), 7 June 2018, Brisbane, Australia “The book “Administrative Law and Judicial Review in Papua New Guinea” is a must read for lawyers and public alike involved in the judicial review of administrative decisions. The book contains a comprehensive guide to an increasingly important yet quite complex area of law. The author draws from his own experience and research to make this important contribution to the development of Papua New Guinea’s expanding judicial review jurisprudence. This work is essential reading to understand the nuances involved in this area of law.” – Dr Vergil Narokobi, LL.B, LL.M, Ph.D, Counsel for the Papua New Guinea Ombudsman Commission & President of Papua New Guinea Law Society, 25 June 2018, Port Moresby, PNG “This work is of very high quality and would be a very valuable tool for judges, magistrates, lawyers, the academia, and people in decision-making positions in the public and the private sectors. I recommend the book to them. I am impressed with your comprehensive use of local case precedents and in-depth knowledge of the topics.” – Honourable Sir Gibbs Salika, KBE CSM OBE, Deputy Chief Justice of Papua New Guinea (as he then was), 4 July 2018, Port Moresby, PNG “An extensive, thought-provoking and easy to read compendium that makes accessible the law of Papua New Guinea on the topic of judicial review in its many guises.” – Emeritus Professor Tony Angelo (Victoria University of Wellington), QC, 7 October 2018, Wellington, New Zealand

Administrative Law in a Changing State

Author : Linda Pearson
Publisher : Bloomsbury Publishing
ISBN 13 : 1847314694
Total Pages : 428 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Administrative Law in a Changing State by : Linda Pearson

Download or read book Administrative Law in a Changing State written by Linda Pearson and published by Bloomsbury Publishing. This book was released on 2008-11-24 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book of essays celebrates Mark Aronson's contribution to administrative law. As joint author of the leading Australian text on judicial review of administrative action, Aronson's work is well-known to public lawyers throughout the common law world and this is reflected in the list of contributors from the US, Canada, Australia, New Zealand and the UK. The introduction comes from Justice Michael Kirby of the High Court of Australia. The essays reflect Aronson's interests in judicial review, non-judicial grievance mechanisms, problems of proof and evidence, and the boundaries of public and private law. Amongst the contributors, Peter Cane, Elizabeth Fisher, and Linda Pearson write on administrative adjudication and decision-making, Anita Stuhmcke writes on Ombudsmen, and Robin Creyke and John McMillan, the Commonwealth Ombudsman, write on charters, codes and 'soft law'. There are evaluations of the profound influence of human rights law on judicial review from the UK by Sir Jack Beatson and Thomas Poole and from Canada by David Mullan. Matthew Groves and Chief Justice James Spigelman address developing themes in judicial review, while Carol Harlow, Richard Rawlings, Michael Taggart and Janet McLean follow Aronson's interests into the private side of public law. An American perspective is added by Alfred Aman and Jack Beermann.

The Evolutionary Interpretation of Treaties

Author : Eirik Bjørge
Publisher :
ISBN 13 : 0198716141
Total Pages : 241 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis The Evolutionary Interpretation of Treaties by : Eirik Bjørge

Download or read book The Evolutionary Interpretation of Treaties written by Eirik Bjørge and published by . This book was released on 2014 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: If a treaty from the 1850s regulating 'commerce' or forbidding 'degrading treatment of persons' is to be interpreted 150 years later, does 'commerce' or 'degrading treatment of persons' have the same meaning at the time of interpretation as they had when the treaty was agreed? The evolutionary interpretation of treaties has proven one of the most controversial topics in the practice of international law. Indeed, it has been seen as going against the very grain of the law of treaties, and has been argued to be contrary to the intention of the parties, breaching the principle of consent. This book asks what the place of evolutionary interpretation is within the understanding of treaties, at a time when many important international legal instruments are over 50 years old. It sets out to place the evolutionary interpretation of treaties on a firm footing within the general rule of interpretation, as codified in Article 31 of the Vienna Convention on the Law of Treaties. The book demonstrates that the evolutionary interpretation of treaties - in common with all other types of interpretation such as good faith, the text of the treaty, context, object and purpose - is in fact a based upon an objective understanding of the intention of the parties. In order to marry intention and evolution in this way, the book argues that, on the one hand, evolutionary interpretation is the product of the correct application of Article 31 and, on the other, that Article 31 is geared towards the establishment of the intention of the parties. The evolutionary interpretation of treaties is therefore shown to represent an intended evolution.