The Intersection of International Law and Domestic Law

A Theoretical and Practical Analysis

Author: Davíd Thór Björgvinsson

Publisher: Edward Elgar Publishing

ISBN: 1785361872

Category: Law

Page: 200

View: 1332

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What are the theoretical and practical issues relating to the intersection between domestic and international law? This important new book discusses how general theories, including monism and dualism, transpire in practice. The author examines several key areas: the rules relating to treaty making and the ratification of treatises, the doctrine of automatic incorporation and transformation, the direct effect of international norms in the domestic system, and a discussion of the principle of consistent interpretation. With a focus on the European Convention on Human Rights, the author concludes that, although traditional theories are still relevant, they fall short in grasping the complexity of the different ways in which the legislator and the courts have given effect to international law on the domestic level. Students and scholars of international and domestic law will find this book to be useful in their studies. It will also be of interest to academics, judges, and practicing lawyers.

Enforcing Human Rights of Palestinians in the Occupied Territory

Author: Mais Qandeel

Publisher: Carl Grossmann Verlag

ISBN: 3941159313

Category: Law

Page: 448

View: 5385

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This work examines the applicability of international human rights and humanitarian laws as well as the domestic laws in order to assess the contribution of these laws in protecting the fundamental human rights of Palestinians in the Occupied Territory. It conducts in-depth case studies of three basic rights: the right to movement, the right to property, and the right to equality and non-discrimination in the Occupied Territory. The study further examines the role of the Palestinian High Court of Justice and the Israeli Supreme Court in implementing domestic and international laws. In this regard, the study analyses the major laws which are invoked, in certain circumstances, to limit the movement of Palestinians, to confiscate, expropriate, and destruct their private property, and to implement discriminatory practices against them. The author further examines whether the available international and domestic mechanisms are effective, and if not, she suggests modifications upon which a functional national and international system would be built.

International Law

Author: Malcolm N. Shaw

Publisher: Cambridge University Press

ISBN: 1316991741

Category: Law

Page: N.A

View: 7433

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International Law is the definitive and authoritative text on the subject, offering Shaw's unbeatable combination of clarity of expression and academic rigour and ensuring both understanding and critical analysis in an engaging and authoritative style. Encompassing the leading principles, practice and cases, and retaining and developing the detailed references which encourage and assist the reader in further study, this new edition motivates and challenges students and professionals while remaining accessible and engaging. Fully updated to reflect recent case law and treaty developments, this edition contains an expanded treatment of the relationship between international and domestic law, the principles of international humanitarian law, and international criminal law alongside additional material on international economic law.

The Fundamental Principles of EEA Law

EEA-ities

Author: Carl Baudenbacher

Publisher: Springer

ISBN: 3319451898

Category: Law

Page: 251

View: 423

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This book features eleven contributions on the fundamental principles of EEA law: legislative and judicial homogeneity, reciprocity, prosperity, priority, authority, loyalty, proportionality, equality, liability and sovereignty. Written by EFTA Court and national judges, high EFTA officials, private practitioners and scholars, it raises awareness of EEA law and provides insights for EEA and EU law practitioners and researchers. It focuses on the principles at the core of EEA law, some of which are common to EU and EEA law, while others have a specific place in EEA law and some ensure consistency between the EEA Agreement and the Treaty on the Functioning of the European Union. It is the only book to focus on the fundamental principles of EEA law.

Rules, Norms, and Decisions

On the Conditions of Practical and Legal Reasoning in International Relations and Domestic Affairs

Author: Friedrich V. Kratochwil

Publisher: Cambridge University Press

ISBN: 9780521409711

Category: Law

Page: 328

View: 1720

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Classic thinkers in international law such as Grotius, Vattel, Pufendorf, Rousseau, Hume, and Habermas are interpreted in this assessment of the impact of norms on decision making.

Forensic Nursing Science - E-Book

Author: Virginia A. Lynch,Janet Barber Duval

Publisher: Elsevier Health Sciences

ISBN: 0323066380

Category: Medical

Page: 704

View: 3547

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Written and edited by the most respected authorities in forensic nursing and forensic sciences, this new edition provides the tools and concepts you need to collect evidence that is admissible in court, determine the significance of that evidence, and provide accurate, reliable testimony while administering high-quality patient care. Now in full color throughout, it remains the most comprehensive, highly illustrated text of its kind. Provides a comprehensive, updated guide to forensic nursing science, paying special attention to the International Association of Forensic Nurses’s (IAFN) goals for forensic nursing. Retains a focus on assessment skills and the collection and preservation of evidence, following the established guidelines of the forensic sciences. Prepares you to provide testimony as a fact witness or a forensic nursing expert. Includes an illustrated case study in almost every chapter, helping you relate the information to clinical practice. Highlights important recommendations for interventions in Best Practice boxes, including the evidence base for each. Summarizes important points in Key Point boxes, so you can quickly review the most important concepts in each chapter. Explores the evolving role of forensic nurses in today’s health care facilities and the community. Edited by Virginia Lynch, founding member and first President of the International Association of Forensic Nurses and Janet Barber Duval, both well-respected pioneers and educators in the field. Contains 300 full-color illustrations integrated throughout the text, so you can view evidence quickly and easily, as it is likely to appear in practice. Presents information on courtroom testimony and depositions in one reorganized, streamlined chapter, giving you a full, organized treatment of this extremely important topic. Includes twelve new chapters: Digital Evidence, Medical Evidence Recovery at the Death Scene, Asphyxia, Electrical and Thermal Injury, Intrafamilial Homicide and Unexplained Childhood Death, Human Trafficking, Credential Development for Forensic Nurses, Gangs and Hate Crimes, Ethics Issues in Forensic Nursing, Forensic Physics and Fracture Analysis, Sexual Deviant Behaviors and Crime and Forensic Epidemiology. Contains heavily revised information on Prehospital Evidence, Forensic Investigation in the Hospital, and Human Abuse and Deaths in Custody. Features critical thinking questions with every case study, so you can thoroughly consider the implications of each clinical scenario. Evolve site will include appendices and additional documentation materials.

The Foundation of Choice of Law

Choice and Equality

Author: Sagi Peari

Publisher: Oxford University Press

ISBN: 019062230X

Category: Law

Page: 344

View: 5130

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This book focuses on the subject of choice of law as a whole and provides an analysis of its various rules, principles, doctrines and concepts. It offers a conceptual account of choice of law, called "choice equality foundation" (CEF) which aims to flesh out the normative basis of the subject. The author reveals that, despite the multiplicity of titles and labels within the myriad choice of law rules and practices of the U.S., Canadian, European, and other systems, many of them effectively confirm and crystallize CEF's vision of the subject. This alignment signifies the necessarily intimate relationship between theory and practice by which the normative underpinnings of CEF are deeply embedded and reflected in actual practical reality. Among other things, this book provides a justification of the nature and limits of such popular principles as party autonomy, most significant relationship, and closest connection. It also discusses such topics as the actual operation of public policy doctrine in domestic courts, and the relation between the notion of international human rights and international commercial dealings, and makes some suggestions about the ability of traditional rules to cope with the advancing challenges of the digital age.

Recueil Des Cours

Author: N.A

Publisher: N.A

ISBN: N.A

Category: International law

Page: 410

View: 8158

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The Academy is a prestigious international institution for the study and teaching of Public and Private International Law and related subjects. The work of the Hague Academy receives the support and recognition of the UN. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law.All courses at the Academy are, in principle, published in the language in which they were delivered in the Collected Courses of the Hague Academy of International Law.

Electoral Laws and Their Political Consequences

Author: Bernard Grofman,Arend Lijphart

Publisher: Algora Publishing

ISBN: 0875862675

Category: Law

Page: 352

View: 6042

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..." a usful volume on the impact of electoral laws...includes a very good bibliography and index...establishes a broader international and interdisciplinary perspective on the methods of representation." - American Political Science Review

The Future of the Global Economic Organizations

An Evaluation of Criticisms Leveled at the IMF, the Multilateral Development Banks, and the WTO

Author: John Warren Head

Publisher: Brill - Nijhoff

ISBN: N.A

Category: Law

Page: 544

View: 5884

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This book offers a skilled arms-length evaluation, from a legal perspective, of the main criticisms that have been leveled recently at the key global economic organizations that is, the International Monetary Fund (IMF), the World Bank and its fellow multilateral developmental banks (MDBs), and the World Trade Organization (WTO). THE FUTURE OF THE GLOBAL ECONOMIC ORGANIZATIONS stands out from most of the growing body of literature on the IMF, MDBS, and the WTO in two main respects: the book s scope and the author s experience. Whereas numerous commentators have focused on particular strengths and weaknesses of one or the other of the GEOs, and have argued for changes on the basis of specific areas of operation, this book takes a wider view to examine all the GEOs at once. This broader scope reveals commonalities in the criticisms. For example, complaints about so-called democracy deficit obviously can be applied to all GEOs but with different nuances in emphasis and sting. Against the background of his own experience as a legal counsel for one of the regional MDBs and for the IMF and a legal career that has focused on international economic law, Head distills the swarm of complaints leveled at the IMF, MDBS, and the WTO into 25 specific criticisms and then offers succinct explanations of why some of those criticisms should be dismissed, why some of them are valid, and how those valid criticisms should form the basis for an important restructuring of the institutions, including amendments to the charters that establish and govern their operations.Head speaks largely to three audiences here: persons in various professional positions; persons in national governments and politics around the world who are responsible for implementing their government s foreign policy; and to more general curious readers on whose involvement in civic life any society ultimately depends.Published under the Transnational Publishers imprint.