Suchergebnisse

Air carriage liability for damage represents an essential issue of national and international transport, therefore it is regulated by national law (this article emphasizing Czech law), EU law and international law. Czech regulation consists of provisions of the Civil Code and the Aviation Act, mainly concerning operator's liability. Several key Regulations, representing EU law, cover many aspects, for example compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights. The Montreal Convention introduced two tiers of liability and the fifth jurisdiction.

The defences available to an agent accused of wrongdoing can be considered as justifications (which render acts lawful) or excuses (which shield the agent from the legal consequences of the wrongful act). This distinction is familiar to many domestic legal systems, and tracks analogous notions in moral philosophy and ordinary language. Nevertheless, it remains contested in some domestic jurisdictions where it is often argued that the distinction is purely theoretical and has no consequences in practice. In international law too the distinction has been fraught with controversy, though there are increasing calls for its recognition. This book is the first to comprehensively and thoroughly examine the distinction and its relevance to the international legal order. Combining an analysis of state practice, and historical, doctrinal and theoretical developments, the book shows that the distinction is not only possible in international law but that it is also one that would have important practical implications.

AbstractThe fact that international humanitarian law violations are in the vast majority of cases prosecuted in criminal courts does not mean that a civil liability for these violations does not exist. This article seeks to explore the concept of civil liability of corporations involved in violations of international humanitarian law by providing an overview of the different legal issues raised by this concept and its implementation in both common law and continental law systems.

Introduction to the human rights dimension of state corporate ownership -- State-owned entities as a Sui generis 'participant' in international law -- State-owned entities and norm development in international law : international, regional and domestic approaches to regulation -- Fundamental change in international law : state immunity and state-owned entities -- The continued relevance of general international law : state responsibility and state-owned entities -- Concluding remarks.

The monograph focuses on the human rights challenges that are associated with the involvement of States in economic activities and on the role that international law has to play in addressing and understanding some of those challenges. State-owned entities are looked at through the lens of several topics of international law that have been found to hold particular relevance in this context, such as the concept of legal personality in international law, the process of normativity in international law, State immunity and State responsibility. The monograph shows how SOEs have had a significant role in shaping the evolution of international law and how, in turn, international law is currently shaping the evolution of State-owned entities. By focusing on State-owned or State-controlled business entities, rather than private corporations, the monograph aims to offer an alternative perspective on the challenges associated with corporations and human rights.

While Virginia is not typically seen as "progressive" in the field of product liability law, the Commonwealth is nonetheless a forum in which these product liability battles take place. This article summarizes selected decisions of the United States Court of Appeals for the Fourth Circuit, federal district courts in Virginia, and courts of the Commonwealth issued between July 1, 2004 and May 15, 2005. This article also includes a discussion of the most relevant legislative changes made by the Virginia General Assembly over the same time period. While a complete analysis of every decision and statute affecting product liability is not possible, this article summarizes those which should be the most useful to practitioners in Virginia.

"In 1949 the International Court of Justice (ICJ) handed down its first judgment in the Corfu Channel Case. In diffusing an early Cold War dispute, the Court articulated a set of legal principles which continue to shape our appreciation of the international legal order. Many of the issues dealt with by the Court in 1949 remain central questions of international law, including due diligence, forcible intervention and self-help, maritime operations, navigation in international straits and the concept of elementary considerations of humanity. The Court's decision has been cited on numerous occasions in subsequent international litigation. Indeed, the relevance of this judgment goes far beyond the subject matter dealt with by the Court in 1949, extending to pressing problems such as trans-boundary pollution, terrorism or piracy. In short, it was and remains a thoroughly modern decision a landmark for international law; and one which today needs to be revisited sixty years later.Taking a critical approach, this book examines the decision's influence on international law generally and on some fields of international law like the law of the sea or the law of international responsibility specifically. The book collects the commentary of a distinguished set of international law scholars, including five well-known international judges. The contributors consider not only the history of the Corfu Channel Judgment and its contribution to the development of international law, but also its resonance in many contemporary problems of international law"--

State responsibility in international law is considered one of the cornerstones of the field. For a long time it remained the exclusive responsibility system due to the primacy of States as subjects of international law. Its unique position has nonetheless been challenged by several developments both within and outside the international legal order, such as the rise of alternative responsibility ideas and practices, as well as globalization and its consequences. This book adopts a critical and holistic approach to the law of State responsibility and analyzes the functionality of the general rules of State responsibility in a changed international landscape characterized by the fragmentation of responsibility. It is argued that State responsibility is not equally relevant across the broad spectrum of international obligations, and that alternative constructions of responsibility, namely international criminal law and international liability, have increased in standing.