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.
Intro -- Preface -- Contents -- Introduction -- 1 Main Objectives -- 2 Main Themes -- 3 Structure -- 4 Issues Assessed Within the Thirty-Four Chapters -- 4.1 Issues Related to General Aspects -- 4.2 Issues Related to Specific Aspects -- References -- Part I: General Aspects: Basics of a Sustainable Development Law -- Sustainable Development Law in (Only) One World: Challenges and Perspectives for Governance and Governments -- 1 Introduction -- 2 Theoretical Framework and Methodology -- 3 Findings and Discussions -- 3.1 Substantial Inter-national and Intra-national Fine-Tuning -- 3.2 Organizations and ``Policy/Instrument Mixes´´ -- 4 Conclusions -- References -- Designing Law for Sustainability -- 1 Introduction -- 2 The Historical and Theoretical Roots of Sustainability -- 3 The Ecological Core of Sustainability -- 4 Why Regulation for Sustainability Is Needed? -- 5 How to Design a Regulatory System for Sustainability? -- 5.1 Beyond Reductionism -- 5.2 Beyond Anthropocentrism -- 5.3 Beyond Positivism -- 5.4 Beyond Short-Termism -- 5.5 Beyond Deregulation -- 6 Conclusion -- References -- The Laws of Sustainable Development -- 1 Introduction -- 2 The Principle of Sustainable Development -- 3 National Sovereignty Over Natural Resources -- 3.1 Territory, Sovereignty, and ``The Global Commons´´ -- 3.2 Territory, Jurisdiction and Environmental Policy -- 3.3 Environmental Damage in One State Affecting the Territory of Another State -- 3.4 Damage to the ``Global Commons´´ -- 3.5 Environment and Ethics -- 3.6 Environmental Damage Purely Situated Outside a State´s Territory -- 3.7 Conclusion -- 4 The Principle of Preventive Action and the Precautionary Principle -- 5 The Polluter Pays Principle -- 6 Common But Differentiated Responsibility -- 7 Conclusion -- References -- Reducing the European Union´s Environmental Footprint Through `Territorial Extension´.
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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
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"Examining general principles of law provides one of the most instructive examples of the intersection between EU law and comparative law. This collection draws on the expertise of high-profile and distinguished scholars to provide a critical examination of this interaction. It shows how general principles of EU law need to be responsive to national laws. In addition, it is clear that the laws of the Member States have no choice but to be responsive to the general principles which are developed through EU law. Viewed through the perspective of proportionality, legal certainty, and fundamental rights, the dynamic relationship between the ingenuity of the Court of Justice, the legislative process and the process of Treaty revision is comprehensively illustrated."--Bloomsbury Publishing
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