Suchergebnisse

Proportionality, as a concept, does not contain any inherent standards, but rather refers to a proper balance between all relevant factors. It is nevertheless necessary to make analytical distinctions that help identify the premises of its application within different contexts. This is particularly true for an area like international humanitarian law in which a proper focusing of the principle of proportionality is crucial. This article suggests that the distinction between a "thin" and a "thick" approach is a helpful analytical tool depending on the number and the character of factors to be taken into account in the application of the principle of proportionality. The judgment of the Supreme Court of Israel on the permissibility of "targeted killings" is used to exemplify the drawbacks and advantages of both approaches.

The right of States to use force extraterritorially is conditioned by requirements of necessity and proportionality. This book provides a much-needed detailed analysis of those requirements, and a coherent and up-to-date account of the applicable contemporary international law in this field.

The book applies the principle of proportionality to a number of conventional wisdoms in the social sciences, such as in dubio pro reo and the assumption that a crime is always a crime; that you must go to war if instructed to do so. Individuals and states are not obliged to come to the aid of stricken individuals and states. The book is organised in seven chapters, each dealing with a self-standing theme related to proportionality.

Context of corporate crime, the principle of proportionality places position that in accordance with provisions in Article 1365 of Civil Code, an act against law in civil law must contain following elements: 1. The existence of an act; 2. The act is against law; 3. There is an error on part of perpetrator; 4. There is a loss for victim; and 5.There is a casual relationship between act and loss. By looking at perpetrator and loss to victim of corporate crime, based on value of justice, it must be seen from side of default and unlawful acts which are considered as fraud and money laundering in context of civil and bankruptcy and may be punished.

Proportionality refers to an appropriate relationship between two comparators and there is disproportion each time when this relationship becomes inadequate. This can take two different forms, namely quantitative disproportion, on the one hand, and qualitative disproportion, on the other. The former reflects an economic imbalance between the comparators, while the latter indicates an unsatisfactory quality of the relationship between the comparators. It must be stated that, under Mauritius law, the principle of proportionality applies to the contract. However, the proportionality thus defined only covers situations where the comparators are clearly pre-established, thus avoiding bad surprises for the parties. This article examines two types of disproportion mentioned above, as well as penalties which serve as a technical tool to combat the disproportion of the contract. ; International audience Proportionality designates an adequate relationship between two elements of comparison and there is disproportion each time when this relationship becomes inadequate. Disproportion can take two different forms, namely quantitative disproportion, on the one hand, and qualitative disproportion, on the other. The first one shows an economic imbalance between the elements of comparison, while the second one reveals an unsatisfactory quality of the relationship between the elements of comparison. It is clear that under Mauritian law the principle of proportionality applies to the contract. However, the proportionality thus defined includes only situations where the elements of comparison are pre-established with certainty. In this article, two types of disproportion mentioned above are analyzed, as well as sanctions which are the technical tool to combat the disproportion of contract. ; Proportionality refers to an appropriate relationship between two comparators and there is disproportion each time when this relationship becomes inadequate. This can take two different forms, namely quantitative disproportion, on the one hand, ...