precautionary rights and duties of states nova et vetera iuris gentium 25

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Precautionary Rights And Duties Of States

Author : Arie Trouwborst
ISBN : 9789004152120
Genre : Law
File Size : 39. 7 MB
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This work makes clear what it means that the precautionary principle represents customary international law. Through the analysis of state practice regarding this principle of international environmental law, it answers crucial questions concerning the conditions triggering a right or duty to take precautionary action; the nature and content of such action; the issue areas to which the principle applies; the allocation of the burden of proof; and the role of socio-economic factors. Ultimately, it details what it takes to act in conformity with the precautionary principle under general international law.

The Eclipse Of The Legality Principle In The European Union

Author : Sacha Prechal
ISBN : 9789041132628
Genre : Law
File Size : 79. 19 MB
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Legality is a traditional normative concept to regulate the relationship between those in power and those subjected to that power. The principle of legality protects the citizen against the arbitrary use of power, or, more precisely, it demands a legal basis (which itself must be of a certain standard) to legitimize State action. Is legality under siege in Europe? The authors contributing to this provocative and important book answer this question in the affirmative. Twenty-one outstanding European legal scholars expose a spectrum of ways in which the traditional legality principle is under pressure because of the creation of new legal orders, including that of the EU, and the interaction between these new orders and that of the State, combined with such factors as expertise driven governance, difficulties of international organizations to meet their objectives due to a lack of adequate powers, and lack of parliamentary control. The question of whether the main functions of legality - legitimating, attributing and regulating the exercise of public authority - are still fulfilled in the context of the overlapping, interacting, and mutually dependent legal orders of the EU, the ECHR, and the Member States is at the background of all the essays in this volume. Recognizing that legality, if it is to survive, demands rigorous reconsideration of its scope and application, the authors interrogate not only such fundamental democratic issues as who has legitimate power to perform legislative acts and through these to exercise of public power over citizens, but also such urgent European problems as the following: ; the use of the precautionary principle in EU decision-making; the scope of the principle that the exercise of public authority must rest on an act of Parliament; the extent to which the EU can provide a legal basis for action of Member State authorities in the absence of such a basis within Member State legal orders; the constitutional position of independent 'regulators'; the requirements that ECJ and ECHR case law impose on the exercise of public authority; whether legislative results are coherent in the sensitive area of equal treatment; transparency, legal certainty, enforceability, and implementation of EC Directives in the field of workers' involvement; new instruments as the Open Method of Coordination and the involvement of social partners in decision-making; the de facto harmonization of national criminal justice systems; and the prominent role of the EU in the field of data protection. There can be little doubt that the issue of legality and to whom it applies - in a world in which the role of the modern State is changing profoundly - is a crucial one. It is highly important in the context of the ongoing discussion on the meaning of democracy and citizenship. This volume, with its clear message that reconsidering legality demands taking serious issue with the uncertainty engendered by the processes of globalization, will resonate profoundly among practitioners and policymakers in this time of momentous change.

Revisiting The Law Of Occupation

Author : Hanne Cuyckens
ISBN : 9789004353978
Genre : Law
File Size : 50. 87 MB
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The Future Of International Environmental Law

Author : David Kenneth Leary
ISBN : 9280811924
Genre : Law
File Size : 87. 40 MB
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Through a collection essays by leading scholars in international environmental law from around the world, this book explores the future of international environmental law in a world of ever worsening environmental crises. It examines the success stories and the failures of international environmental law and argues that future responses to global environmental crisis will be more about good environmental governance rather than just more treaties and laws. Environmental governance in future will need to accommodate the needs and aspirations of peoples from developed and developing countries alike and will have to be based on decisions and actions by a vast range of actors and stakeholders and not just the nation state that has traditionally dominated environmental diplomacy to date. In future this also suggests a need to be cognizant of the close links to other areas of international law including human rights.

The Law Of Arms Control And The International Non Proliferation Regime

Author : Tom Coppen
ISBN : 9789004333352
Genre : Law
File Size : 85. 41 MB
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This book analyzes the strengths, weaknesses, development and potential of the nuclear non-proliferation and disarmament regime, providing new insights on the role of public international law in a field as politicized as that of nuclear arms control.

Cumans And Tatars

Author : István Vásáry
ISBN : 1139444085
Genre : History
File Size : 70. 73 MB
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The Cumans and the Tatars were nomadic warriors of the Eurasian steppe who exerted an enduring impact on the medieval Balkans. With this work, István Vásáry presents an extensive examination of their history from 1185 to 1365. The basic instrument of Cuman and Tatar political success was their military force, over which none of the Balkan warring factions could claim victory. As a consequence, groups of the Cumans and the Tatars settled and mingled with the local population in various regions of the Balkans. The Cumans were the founders of three successive Bulgarian dynasties (Asenids, Terterids and Shishmanids) and the Wallachian dynasty (Basarabids). They also played an active role in Byzantium, Hungary and Serbia, with Cuman immigrants being integrated into each country's elite. This book also demonstrates how the prevailing political anarchy in the Balkans in the thirteenth and fourteenth centuries made it ripe for the Ottoman conquest.

The Institutio Oratoria Of Quintilian

Author : Quintilian
ISBN : UCAL:B4089017
Genre : Rhetoric, Ancient
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The Three Stages In The Evolution Of The Law Of Nations

Author : Cornelis van Vollenhoven
ISBN : UOM:39015062936029
Genre : Conflict of laws
File Size : 65. 7 MB
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From The Gracchi To Nero

Author : Howard Hayes Scullard
ISBN : LCCN:60000455
Genre : Rome
File Size : 20. 90 MB
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The Limits Of Empire

Author : Benjamin H. Isaac
ISBN : UCR:31210009998798
Genre : History
File Size : 34. 72 MB
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This is the first comprehensive treatment of the Roman military presence in the Near East. Using both well-known and neglected sources, Professor Isaac reassesses the means by which Rome achieved and maintained her contorl over the region. He discusses the extent to which current vacillatingviews on imperialism can affect opinions concerning the character and mechanisms by which Rome ensured the integrity and expansion of her influence. Also considered here are problems of methodology, especially the use of archaelogical remains for historical interpretation. Now available in paperback, this revised edition contains extensive author's ammendments in the light of the most recent research, so that the book is now representative of the most up-to-date work on the subject. There is an additional bibliography, containing material only recently madeavailable, and a new preface introducing the volume.

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