Suchergebnisse

This paper presents theoretical and practical issues of consumer rights protection in international and municipal law. Study of international civil aspects of origin and development of consumer protection institute revealed that consumer problems are global. Kazakhstan successfully employs experience of developed countries in the sphere of legal regulation of consumer rights. Study of national peculiarities of consumer protection development in Kazakhstan allowed revealing actual directions for the development of Kazakhstan consumer rights protection. ; peer-reviewed

THE AUTHOR EXPLAINS THE SPECIFIC WAY BY WHICH INTERNATIONAL LAW BECOMES PART OF ENGLISH LAW. THERE IS A DIFFERENCE BETWEEN THE WAY IN WHICH INTERNATIONAL TREATIES BECOME ENGLISH LAW, AS THEY REPRESENT THE PEROGATIVE OF THE CROWN AND REQUIRE ENABLING LEGISLATION BY PARLIAMENT. THERE IS A GREAT DIVERSITY OF OPINION REGARDING GENERAL PRINCIPLES OF INTERNATIONAL LAW AMONGST LEGAL SCHOLARS. MODERN DOCTRINE FAVORS AN APPROACH MORE PRAGMATIC THAN THEORETICAL.

The international joint commission bas historically possessed the characteristics of an international organization; by reason of the capacities that it exercises, it has a certain measure of international personality; and, consequently, on the municipal plane, it has the capacity to be sued. It is therefore necessary, on the principle of effectiveness, that the Commission and its employees be immune from suit. In the United States, the Commission and its employees were granted immunities in 1948. In Canada, the Commission alone was granted immunities in 1976. It will be argued here that immunities should now also be granted to all commissioners, staff, and experts in Canada, in view of the standing of the Commission as an international organization possessing international personality, with consequences for municipal law.

Cover -- Half Title -- Series Page -- Title Page -- Copyright Page -- Table of Contents -- List of Illustrations -- List of Abbreviations -- Introduction -- Chapter 1 Municipal courts' decisions in the jurisprudence of the International Court of Justice -- 1.1 Questions of international law and municipal jurisprudence -- 1.1.1 Municipal courts' decisions and interpretation of treaties -- 1.1.2 Municipal courts' decisions and determination of customary rules -- 1.1.3 Municipal courts' decisions as subsidiary sources of international law -- 1.1.4 Jus cogens before the ICJ and municipal courts -- 1.1.5 International remedies and municipal courts' decisions -- 1.1.6 Influence of municipal courts' decisions on the jurisdiction of the ICJ and admissibility of cases -- 1.1.7 Procedural issues and (dis)analogy of national process of law -- 1.2 Questions of fact and municipal judicial decisions -- 1.2.1 Municipal courts' decisions and the subject-matter of a dispute before the ICJ -- 1.2.2 Municipal courts' decisions as effectivités -- 1.2.3 Fact-finding function of municipal courts and factual determinations of the ICJ -- 1.2.4 Questions of municipal law before the ICJ -- 1.3 ICJ's position vis-à-vis municipal courts and their role in the jurisprudence of the World Court -- 1.3.1 ICJ's competence to assess municipal judicial decisions -- 1.3.2 The ICJ as an ultimate criminal court of appeal? -- 1.3.3 Assessing the validity and scope of municipal courts' decisions -- 1.3.4 Distinguishing between the case at hand and the case before a municipal court -- 1.3.5 Role of municipal courts in implementing ICJ decisions -- 1.3.6 ICJ's directives to municipal courts -- 1.3.7 ICJ's citation of municipal courts' decisions -- 1.3.8 Capability of municipal courts in the field of international law -- Chapter 2 Enforcement of ICJ decisions in municipal courts.