Tipping the Scales in the Reasonableness-Proportionality Debate in Canadian Administrative Law
In: (2016) 21 Appeal 125
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In: (2016) 21 Appeal 125
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This Note examines the applicability of the law of armed conflict, and particularly the concept of proportionality, to cyber attacks. After exploring deviations in terminology that may lead to confusion in the field, it considers the difficulties associated with applying an area of law first implemented in the post-World War II era to technologies that have only become vitally important in recent years. Delving into some of the facets of cyber technology that make it unique as a potential battleground, this Note examines why those qualities make the law of proportionality particularly difficult to apply. Acknowledging that the law of armed conflict, although perhaps inapt, is nonetheless compulsory, this Note ends with several suggestions that may assist military commanders in conducting cyber operations in away that comports with the law as it exists today.
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In: S. de Vries and U. Bernitz (eds): General Principles of EU Law and the EU Digital Order (Wolters Kluwer, 2020), pp. 267-296.
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In: Revista Estudos Eleitorais, v. 12, n. 12, may/ago 2017, p. 111-135
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In: American journal of international law: AJIL, Band 107, Heft 3, S. 563-570
ISSN: 2161-7953
The concepts of necessity, imminence, and proportionality play a central part in Daniel Bethlehem's sixteen proposed principles regulating a state's use of force against an imminent or actual attack by nonstate actors. While all three are requirements that must be considered in the law of self-defense, their exact content remains somewhat unclear. In this comment, we examine how each one is conceived in Bethlehem's principles and review the questions that remain unanswered.
In: Proportionality, Reasonableness, and Standards of Review in International Investment Law and Arbitration (Cheltenham, UK: Edward Elgar 2018) 316 pages
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In: Comparative constitutional law and policy
With contributions from leading scholars in constitutional law, this volume examines how carefully designed and limited doctrines of proportionality can improve judicial decision-making, how it is applied in different jurisdictions, its role on constitutionalism outside the courts, and whether the principle of proportionality actually advances or detracts from democracy. Contributions from some of the seminal thinkers on the development of scholarship on proportionality (e.g. Alexy, Barak, and Beatty) extend their prior work and engage in an important dialogue on the topic. Some offer substantial critiques, others defend the doctrine and offer important clarifications and extensions of their prior work. Throughout, the authors engage not only with case law from around the world but also with existing scholarly treatments of the subject. Mathematical treatments are avoided, making the book accessible to readers from both 'soft' and hard' social science backgrounds
In: San Diego International Law Journal, Band 16, Heft 2, S. 263-340
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The paper analysis the principle of proportionality, which is widely applied in the EU legal order and is therefore one of the fundamental principles of the system of the European Union. It is one of the legal principles that govern decision-making processes and common strategic objectives, and which are applicable when establishing European Union legislation and transposing it into national law, including in the area of criminal law, although the current analyses do not often focus on discussing this aspect. Due to its complexity and significance for the processes of establishing and applying the law, the principle of proportionality requires detailed and separate discussion, especially in the context of European criminal law.
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In: 25 Cardozo Journal of International and Comparative Law (JICL) 417 (2017)
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In: Mark Elliott and Hanna Wilberg (eds.), The Scope and Intensity of Substantive Review: Traversing Taggart's Rainbow (Oxford: Hart Publishing), Forthcoming
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In: Mads Andenas & Giuseppe Bianco (eds.), Proportionality in International Courts: Convergence in Law and Method?, Cambridge University Press, 2016 Forthcoming.
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In: American journal of international law, Band 107, Heft 3, S. 563-570
ISSN: 0002-9300
World Affairs Online
In: LSE Legal Studies Working Paper No. 13/2014
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Working paper
In: Modern studies in European law volume 66