General Motors V. Kravitz - Implications for the Common Law
In: Supreme Court Law Review, Band 1, Heft 417
37167 Ergebnisse
Sortierung:
In: Supreme Court Law Review, Band 1, Heft 417
SSRN
In: The annals of the American Academy of Political and Social Science, Band 42, Heft 1, S. 246-250
ISSN: 1552-3349
In: The Cambridge yearbook of European legal studies: CYELS, Band 1, S. 1-16
ISSN: 2049-7636
In: Review of international studies: RIS, Band 10, Heft 2, S. 175, 183
ISSN: 0260-2105
In: American journal of international law: AJIL, Band 109, Heft 3, S. 486-497
ISSN: 2161-7953
For a significant period of time, the comparativist and the international lawyer were considered to inhabit different worlds: the former scrutinized similarities and differences between domestic legal systems while the latter focused on the universal realm of international law that overlays these systems. This comfortably segregated image has been conclusively shattered by numerous studies demonstrating the multiple areas of interaction between international and comparative law. of these, one of the ripest areas for further reflection is the "general principles of law" as a source of international law. Puzzlingly, given the traditional domestic law origins of the general principles of law, comparative law and methodology have rarely featured in the scholarship and jurisprudence on the general principles. Thus, the attempt of the International Criminal Tribunal for the Former Yugoslavia (Icty) to use the general principles as a freestanding source of international criminal law provides a particularly intriguing opportunity to study the interaction between international and comparative law.
In: Journal of International Dispute Settlement (2020)
SSRN
Working paper
This article presents the scientific and theoretical analysis of international legislation on monitoring land. The necessity to incorporate provisions of international law in the national legal system in order to improve regulation of relations in this sphere.Monitoring land information system, satellite land monitoring, service of soils, soil Atlas of Europe, The European Soil Data Centre, The European Soil Bureau Network.
BASE
In: Delaware Journal of Corporate Law, Band 33, Heft 3, S. 2008
SSRN
In: The international & comparative law quarterly: ICLQ, Band 72, Heft 4, S. 845-867
ISSN: 1471-6895
AbstractIn the work of the International Law Commission (ILC) on 'the general principles of law' in Article 38(1)(c) of the Statute of the International Court of Justice, one question has given rise to an inordinate amount of controversy: does this category of principles include principles formed within the international legal system or does it embrace only principles derived from national legal systems? In the draft conclusions adopted on first reading in 2023, the ILC accepts the existence of general principles of law formed within the international legal system, but only in a very narrow manner. Prominent commentators have argued that such a narrow approach is correct. It has been contended, furthermore, that the category of general principles of law formed within the international legal system is an innovation of the ILC's, and one that lacks any real support in State practice. These views are based on assumptions to the effect that the traditional view concerning the meaning of Article 38(1)(c) was that it referred only to general principles of law derived from national legal systems. The present article takes issue with these assumptions. It seeks to prove, by an analysis of the position in 1920 when the Statute was drafted, of the practice of States, both before and after 1920, and the writings of leading commentators, that general principles of law formed within the international legal system are no less part of 'general principles of law' than general principles of law derived from national legal systems.
Integrated Law Enforcement in criminal Action of Legislative General Election in Makassar City. The research aimed to investigate the law enforcement in following up the criminal action of the legislative general election, the factors influencing the effectiveness of the law enforcement of the criminal action of the legislative general election carried out by the law enforcement apparatus in Makassar City. The research was conducted in the General Election Supervising Board of South Sulawesi Province, Makassar City Resort Police, Office of the Counsel for the Prosecution of Makassar, District Court of Makassar City. Data were collected by an interview and documents related to the problems examined. The research result indicates that the law enforcement authority in handling the legal matters in the legislative general election, has been carried out in line with he mandate of the acts. However, the factors such as: the substance, structure, human resources, facilities, infrastructures and culture mostly influence the course of the law enforcement. Besides, there is also the dominant factor namely the evidence determination which is imposed on the general election supervisors, very short handling time, lack of community's participation in supervising the legislative general election, so that the law enforcement in the legislative general election carried out by the law enforcement apparatus is less maximal.
BASE
In: (2016) 94:2 Canadian Bar Review 413
SSRN
In: La revue internationale et stratégique: l'international en débat ; revue trimestrielle publiée par l'Institut de Relations Internationales et Stratégiques (IRIS), Heft 60, S. 43-58
ISSN: 1287-1672
In: The Cambridge yearbook of European legal studies: CYELS, Band 12, S. 257-282
ISSN: 2049-7636
AbstractThe emergence of private party liability in damages is EU law has been much discussed by academics, but it is clear from the case law of the Court of Justice that we do not yet have a principle of private party liability analogous to the principle of Member State liability. This chapter examines under what conditions it would be justified to claim that there was indeed a general principle of private party liability in EU law. Furthermore, the chapter explains that the introduction of the general principle of private party liability would require a thorough clarification of some of the most fundamental, yet still unclear, concepts of EU law, such as direct effect, the horizontal applicability of EU norms and the principle of effective judicial protection. It is argued that the jurisdiction of the Court of Justice to introduce a general regime of private party liability in damages is not without controversy and that the judicial creation of the principle will be legitimate only if adequate normative justification is provided for its presence in EU law. In this respect, it has to be recognised that EU competition law is not an adequate legal setting for the general regime to be born, because it does not bring to light tensions arising in other contexts.
In: The Cambridge yearbook of European legal studies: CYELS, Band 16, S. 361-392
ISSN: 2049-7636
AbstractThe purpose of this chapter is to explore selected aspects of the relationship between the general principles of EU law and the Charter of Fundamental Rights of the European Union. The chapter first looks at the expansion of fundamental rights in EU law and the importance of general principles by reference to three principles which have provided fruitful grounds for judicial activism: the right to judicial protection, the principle of non-discrimination, and the right to personal data. It then examines the sources of fundamental rights under Article 6 TEU and the relationship between Charter rights and general principles. Finally, it explores a pivotal issue in EU constitutional discourse, namely, the scope of application of the Charter and the general principles of law. The chapter concludes by observing that, far from declining in importance, the general principles of law continue to be an integral part of judicial methodology; that, following the introduction of the Charter, the CJEU applies a heightened level of judicial scrutiny; and that it favours a centralised approach opting for an autonomous interpretation of the Charter, granting it precedence over national constitutional norms, and understanding broadly its scope of application.
In: Journal of World Investment and Trade, 15 December 2021
SSRN