Full Read and Download Reference eBook
Revisiting Proportionality In International And European Law Book in PDF, ePub and Kindle version is available to download in english. Read online anytime anywhere directly from your device. Click on the download button below to get a free pdf file of Revisiting Proportionality In International And European Law book. This book definitely worth reading, it is an incredibly well-written.
Author : Ulf Linderfalk
Publisher : BRILL
Page : 230 pages
File Size : 40,76 MB
Release : 2021-05-12
Category : Law
ISBN : 9004448071
In this edited volume, scholars from a wide range of areas of international law consider whose interests are at stake in the application of the principle of proportionality. In so doing, the volume casts new light this important principle.
Author :
Publisher :
Page : 96 pages
File Size : 19,72 MB
Release : 2008
Category :
ISBN :
Author : Casarosa, Federica
Publisher : Edward Elgar Publishing
Page : 448 pages
File Size : 44,60 MB
Release : 2022-02-04
Category : Law
ISBN : 1800371225
This insightful and timely book provides a comparative assessment of selected legal issues emerging from the EU legal context which impact profoundly on the national legal systems. It argues that judicial interaction can answer complex legal questions relating to the implementation of the EU Charter.
Author : Andrew Legg
Publisher : OUP Oxford
Page : 272 pages
File Size : 43,61 MB
Release : 2012-07-05
Category : Law
ISBN : 0191632155
The margin of appreciation is a judicial doctrine whereby international courts allow states to have a measure of diversity in their interpretation of human rights treaty obligations. The doctrine is at the heart of some of the most important international human rights decisions. Does it undermine the universality of human rights? How should judges decide whether to give this margin of appreciation to states? How can lawyers make best use of arguments for or against the margin of appreciation? This book answers these questions, and broadens the discussion on the margin of appreciation by including material beyond the ECHR system. It provides a comprehensive justification of the doctrine, and ALLFSCA14I the key cases affecting the doctrine in practice. Part One provides a systematic defence of the margin of appreciation doctrine in international human rights law. Drawing on the philosophy of practical reasoning the book argues that the margin of appreciation is a doctrine of judicial deference and is a common and appropriate feature of adjudication. The book argues that the margin of appreciation doctrine prevents courts from imposing unhelpful uniformity, whilst allowing decisions to be consistent with the universality of human rights. Part Two considers the key case law of the European Court of Human Rights, the Inter-American Court of Human Rights, and the UN Human Rights Committee, documenting the margin of appreciation in practice. The analysis uniquely takes a broad look at the factors affecting the margin of appreciation. Part Three explores how the margin of appreciation operates in the judicial decision-making process, reconceptualising the proportionality assessment and explaining how the nature of the right and the type of case affect the courts' reasoning.
Author : Aikaterini Titi
Publisher :
Page : 376 pages
File Size : 42,32 MB
Release : 2014-04-30
Category : Capital investments
ISBN : 9783848710621
La 4e de couverture indique : "Since the inception of the international investment law system, investment promotion and protection have been the raison d'être of investment treaties and states have confined their policy space in order to attract foreign investment and protect their investors abroad. Languishing in relative obscurity until recently, the right to regulate has gradually come to the spotlight as a key component of negotiations on new generation investment agreements around the globe. States and regional organisations, including, notably, the European Union and the United States, have started to examine ways in which to safeguard their regulatory power and guide - and delimit - the interpretive power of arbitral tribunals, by reserving their right to pursue specific public policy objectives. The monograph explores the status quo of the right to regulate, in order to offer an appraisal and a reference tool for treatymakers, thus contributing to a better understanding of the concept and the broader discourse on how to enhance the investment law system's legitimacy."
Author : Mr.Jaromir Benes
Publisher : International Monetary Fund
Page : 71 pages
File Size : 47,27 MB
Release : 2012-08-01
Category : Business & Economics
ISBN : 1475505523
At the height of the Great Depression a number of leading U.S. economists advanced a proposal for monetary reform that became known as the Chicago Plan. It envisaged the separation of the monetary and credit functions of the banking system, by requiring 100% reserve backing for deposits. Irving Fisher (1936) claimed the following advantages for this plan: (1) Much better control of a major source of business cycle fluctuations, sudden increases and contractions of bank credit and of the supply of bank-created money. (2) Complete elimination of bank runs. (3) Dramatic reduction of the (net) public debt. (4) Dramatic reduction of private debt, as money creation no longer requires simultaneous debt creation. We study these claims by embedding a comprehensive and carefully calibrated model of the banking system in a DSGE model of the U.S. economy. We find support for all four of Fisher's claims. Furthermore, output gains approach 10 percent, and steady state inflation can drop to zero without posing problems for the conduct of monetary policy.
Author : Michael De Boeck
Publisher : BRILL
Page : 525 pages
File Size : 43,87 MB
Release : 2022-07-04
Category : Law
ISBN : 9004501657
EU Law and International Investment Arbitration thoroughly examines the compatibility of ISDS provisions in extra-EU BITs and the Energy Charter Treaty with the autonomy of EU law, and is a must read for all magistrates and investment practitioners involved in investment arbitrations in or with the EU, as well as for academics interested in the participation of the EU to international dispute resolution or the constitutional construction of the EU judicial system.
Author : Enrique Prieto-Rios
Publisher : Rowman & Littlefield
Page : 167 pages
File Size : 13,73 MB
Release : 2021-08-19
Category : Philosophy
ISBN : 1538157853
This book argues that International Investment Law system – IIL - was the result of a colonial project within a capitalist system that has been influenced by the developmentalism discourse and the neoliberal ideology, becoming an instrument that facilitated forms of systemic violence against Third World countries. In order to develop this argument, Enrique Prieto-Rios uses post-war critical thought, chiefly Fanon as interpreted by Lewis R Gordon, the works pursued by academics, part of the Caribbean Philosophical Association, the Institute for Global Law and Policy, the international law from below (southern perspectives), and critical economic thought— particularly the notable economic contributions of Ha-Joon Chang and Latin-American philosopher Enrique Dussel.
Author : Md. Jahid Hossain Bhuiyan
Publisher : BRILL
Page : 350 pages
File Size : 48,17 MB
Release : 2019-11-11
Category : Law
ISBN : 9004375546
This book examines the development of international humanitarian law (IHL), the protection of the victims of armed conflict, the IHL from a Third World perspective, the principles of distinction, proportionality and precaution under Islamic law and the issues faced in implementing IHL.
Author : Daniel Augenstein
Publisher : Routledge
Page : 224 pages
File Size : 22,68 MB
Release : 2016-05-23
Category : Law
ISBN : 131711521X
Over the last twenty years, processes of pluralization, differentiation and trans-nationalization in the European Union have arguably challenged the centrality of law to European integration. Yet these developments also present opportunities to investigate new understandings of law triggered by European integration. The contributors to this book revisit one of the first academic projects to conceptualise and study European legal integration - the early 'Integration through Law' School. On this basis, they consider continuities and discontinuities in the underlying social and political landscape which the law is to integrate (the 'object' of integration), the forms and capacities of the law itself (the 'agent' of integration), and the way these two dimensions reflect on each other. Displaying different normative concerns and varied theoretical starting points, all contributors maintain that 'integration through law' remains of enduring significance to the European integration process. The volume provides a valuable reference for scholars in the field of European integration studies and European legal and political theory.