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

Download Book Precautionary Rights And Duties Of States Nova Et Vetera Iuris Gentium 25 in PDF format. You can Read Online Precautionary Rights And Duties Of States Nova Et Vetera Iuris Gentium 25 here in PDF, EPUB, Mobi or Docx formats.

Precautionary Rights And Duties Of States

Author : Arie Trouwborst
ISBN : 9789004152120
Genre : Law
File Size : 40. 11 MB
Format : PDF, Docs
Download : 787
Read : 565

Get This Book


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 : 90. 90 MB
Format : PDF, ePub, Docs
Download : 532
Read : 535

Get This Book


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 : 52. 96 MB
Format : PDF, Mobi
Download : 691
Read : 961

Get This Book



Privacy In The 21st Century

Author : Alexandra Rengel
ISBN : 9789004192195
Genre : Law
File Size : 60. 16 MB
Format : PDF, ePub
Download : 363
Read : 873

Get This Book


In Privacy in the 21st Century Alexandra Rengel offers an assessment of the International right to privacy within both a historical and modern context with a focus on the legal aspects of the right, its evolution and its future protection.

The Law Of Arms Control And The International Non Proliferation Regime

Author : Tom Coppen
ISBN : 9789004333352
Genre : Law
File Size : 54. 51 MB
Format : PDF, ePub, Mobi
Download : 125
Read : 436

Get This Book


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.

The Historical Foundations Of World Order

Author : Douglas M. Johnston
ISBN : 9789004161672
Genre : Law
File Size : 28. 79 MB
Format : PDF, ePub
Download : 724
Read : 203

Get This Book


In The Historical Foundations of World Order: the Tower and the Arena, Douglas M. Johnston has drawn on a 45 year career as one of the world s most prolific academics in the development of international law and public policy and 5 years of exhaustive research to produce a comprehensive and highly nuanced examination of the historical precursors, intellectual developments, and philosophical frameworks that have guided the progress of world order through recorded history and across the globe, from pre-classical antiquity to the present day. By illuminating the personalities and identifying the controversies behind the great advancements in international legal thought and weaving this into the context of more conventionally known history, Johnston presents a unique understanding of how peoples and nations have sought regularity, justice and order across the ages. This book will appeal to a wide spectrum of readers, from lawyers interested in the historical background of familiar concepts, to curriculum developers for law schools and history faculties, to general interest readers wanting a wider perspective on the history of civilization.Winner 2009 ASIL Certificate of Merit for a Preeminent Contribution to Creative Scholarship

The Future Of International Environmental Law

Author : David Kenneth Leary
ISBN : 9280811924
Genre : Law
File Size : 45. 90 MB
Format : PDF
Download : 360
Read : 728

Get This Book


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.

Collected Political Writings Of James Otis

Author : Richard Adam Samuelson
ISBN : 1614876460
Genre : Lawyers
File Size : 85. 45 MB
Format : PDF, ePub
Download : 769
Read : 1328

Get This Book



Bouvier S Law Dictionary And Concise Encyclopedia

Author : John Bouvier
ISBN : UOM:39015020686724
Genre : Law
File Size : 58. 26 MB
Format : PDF, Docs
Download : 680
Read : 712

Get This Book



The Three Stages In The Evolution Of The Law Of Nations

Author : Cornelis van Vollenhoven
ISBN : UOM:39015062936029
Genre : Conflict of laws
File Size : 29. 88 MB
Format : PDF, Kindle
Download : 578
Read : 981

Get This Book



Top Download:

Best Books