Suchergebnisse

The author examines discretion in law as an inter-sectoral phenomenon that manifests itself in all sectors of law without exception, yet with a consideration of the sectoral specifics. Discretion is legally permitted juridical freedom of participants of legal relations to execute their subjective rights, duties and prohibitions at their discretion, based on the autonomy of will of the latter entities and strictly within the legal limits. The attributive features of discretion include legal grounds, alternativeness and multivariate behavior, freedom of will, initiative of the participants of legal relations, and restrictions by the law and a number of extralegal factors.

The processes of national codification of Private International Law and International Civil Procedure in the modern world are characterized by high intensity, but each state demonstrates its own specific features. In this regard, Latin American countries are of great interest – the codified Private International Law appeared in many of them already in the XIX century, and then the processes of its regional unification began. Despite the fact that the national Private International Law in all these countries was initially internationally oriented, each legislator solved the issues of its systematization in his own way. In view of this, it is of interest to undertake a brief analysis of the General Law on Private International Law of Uruguay, which was adopted in 2020 and entered into force in 2021. The research is aimed at clarifying and understanding the motives for the recodification of Private International Law / International Civil Procedure of Uruguay; analyzing the method (form) of codification and identifying the reasons for its election; evaluating the method of codification and the main novelties that have been consolidated in the new normative act. During the research, the relevant legal methodology was used: comparative legal and dialectical methods, methods of historical analysis, semantic and dogmatic interpretation of the law. Analysis of the General Law of Uruguay allows us to conclude that the method of two-fold codification of Private International Law / International Civil Procedure chosen by the legislator is not entirely successful: it lacks the most important part - the rules on recognition and enforcement of foreign decisions. An autonomous complex codification of Private International Law / International Civil Procedure has been carried out in the country, but it turned out to be logically incomplete. The new General Law deserves high evaluation for its content, successfully combining traditional Latin American approaches with the latest developments present in international acts and doctrinal studies.

Chance, Order, Change: The Course of International Law, General Course on Public International Law by J. Crawford The course of international law over time needs to be understood if international law is to be understood. This work aims to provide such an understanding. It is directed not at topics or subject headings — sources, treaties, states, human rights and so on — but at some of the key unresolved problems of the discipline. Unresolved, they call into question its status as a discipline. Is international law "law" properly so-called? In what respects is it systematic? Does it — can it — respect the rule of law? These problems can be resolved, or at least reduced, by an imaginative reading of our shared practices and our increasingly shared history, with an emphasis on process. In this sense the practice of the institutions of international law is to be understood as the law itself. They are in a dialectical relationship with the law, shaping it and being shaped by it. This is explained by reference to actual cases and examples, providing a course of international law in some standard sense as well

Intro -- Vorwort -- Aus dem Vorwort zur ersten Auflage -- Autoren- und Inhaltsübersicht -- Inhaltsverzeichnis -- Abkürzungsverzeichnis -- Erster Teil. Verwaltung und Verwaltungsrecht im demokratischen und sozialen Rechtsstaat -- Zweiter Teil. Die Quellen des Verwaltungsrechts -- Dritter Teil. Das Verwaltungshandeln -- Vierter Teil. Das Verwaltungsverfahren -- Fünfter Teil. Anstaltsnutzung und Nutzung öffentlicher Sachen -- Sechster Teil. Das Recht der öffentlich-rechtlichen Schadensersatzund Entschädigungsleistungen -- Siebenter Teil. Verwaltungsorganisation -- Sachverzeichnis

The pivotal aim of this book is to explain the creation, development and impact of the general principles of law in the European Union legal order. Creation. This is the stage whereby the general principles are created as a result of the influence of Member States law, as well as the influence of international instruments, e.g. the European Convention on Human Rights. This stage is clearly related to the use of comparative methodology and embodies an extensive examination of the jurisprudence of the European Court of Justice and the Opinions of the Advocates General. The use of teleological in

The task -- Historical context and conditioning factors -- Traditional theories about international law - Natural law and legal positivism -- American legal realism -- International law as naked power -- The new haven school of jurisprudence -- International legal process and transnational legal process -- Liberal theories of international law -- Human rights and the concept of popular sovereignty -- Law & economics, public choice, and game theory -- New approaches to empirical scholarship in international law -- Critical legal studies, critical race theory, Latcrit, and Twail -- Critical theories on gender and sexual orientation