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

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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: Schwabe AG

ISBN: 3941159313

Category: Law

Page: 448

View: 2056

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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

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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: 2711

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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.

Government Law and Policy

Commercial Aspects

Author: Bryan Horrigan

Publisher: Federation Press

ISBN: 9781862872578

Category: Law

Page: 446

View: 3742

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This topical book focuses on select aspects of government law and policy which significantly affect the commercial/business sectors or which involve government in these sectors. Written with a strong practical focus, it covers law, policy and practicalities at all levels of government. Commercial lawyers who act for or against government, government lawyers and government officials and policy advisers will find this new volume indispensable.

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: 4292

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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.

The Foundation of Choice of Law

Choice and Equality

Author: Sagi Peari

Publisher: Oxford University Press

ISBN: 019062230X

Category: Law

Page: 344

View: 5180

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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.

Freedom of Religion Or Belief

An International Law Commentary

Author: Heiner Bielefeldt,Nazila Ghanea,Michael Wiener

Publisher: Oxford University Press

ISBN: 0198703988

Category: Law

Page: 660

View: 2748

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Violations of religious freedom and violence committed in the name of religion grab our attention on a daily basis. Freedom of Religion or Belief is a key human right, the International Covenant on Civil and Political Rights, numerous conventions, declarations and soft law standards include specific provisions on freedom of religion or belief. The 1981 Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief has been interpreted since 1986 by the mandate of the UN Special Rapporteur on freedom of religion or belief. Special Rapporteurs (for example those on racism, freedom of expression, minority issues and cultural rights) and Treaty Bodies (for example the Committee on the Elimination of Racial Discrimination and the Committee on the Rights of the Child) have also elaborated on freedom of religion or belief in the context of their respective mandates. Freedom of Religion or Belief: An International Law Commentary is the first commentary to look comprehensively at the international provisions for the protection of freedom of religion or belief, considering how they are interpreted by various United Nations Special Procedures and Treaty Bodies. Structured around the thematic categories of the United Nations Special Rapporteur's framework for communications, the commentary analyses the limitations on the wearing of religious symbols and vulnerable situations, including those of women, detainees, refugees, children, minorities and migrants, through a combination of scholarly expertise and practical experience.

Electoral Laws and Their Political Consequences

Author: Bernard Grofman,Arend Lijphart

Publisher: Algora Publishing

ISBN: 0875862675

Category: Law

Page: 352

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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

Forensic Nursing Science - E-Book

Author: Virginia A. Lynch,Janet Barber Duval

Publisher: Elsevier Health Sciences

ISBN: 0323066380

Category: Medical

Page: 704

View: 5060

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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.

Competition Law and Development

Author: D. Daniel Sokol,Thomas K. Cheng,Ioannis Lianos

Publisher: Stanford University Press

ISBN: 0804787921

Category: Law

Page: 328

View: 9101

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The vast majority of the countries in the world are developing countries—there are only thirty-four OECD (Organisation for Economic Co-operation and Development) countries—and yet there is a serious dearth of attention to developing countries in the international and comparative law scholarship, which has been preoccupied with the United States and the European Union. Competition Law and Development investigates whether or not the competition law and policy transplanted from Europe and the United States can be successfully implemented in the developing world or whether the developing-world experience suggests a need for a different analytical framework. The political and economic environment of developing countries often differs significantly from that of developed countries in ways that may have serious implications for competition law enforcement. The need to devote greater attention to developing countries is also justified by the changing global economic reality in which developing countries—especially China, India, and Brazil—have emerged as economic powerhouses. Together with Russia, the so-called BRIC countries have accounted for thirty percent of global economic growth since the term was coined in 2001. In this sense, developing countries deserve more attention not because of any justifiable differences from developed countries in competition law enforcement, either in theoretical or practical terms, but because of their sheer economic heft. This book, the second in the Global Competition Law and Economics series, provides a number of viewpoints of what competition law and policy mean both in theory and practice in a development context.

Recueil Des Cours

Author: N.A

Publisher: N.A

ISBN: N.A

Category: International law

Page: 410

View: 4419

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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.

Global Criminology

Crime and Victimization in a Globalized Era

Author: K. Jaishankar,Natti Ronel

Publisher: CRC Press

ISBN: 1439892504

Category: Law

Page: 414

View: 4042

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Global criminology is an emerging field covering international and transnational crimes that have not traditionally been the focus of mainstream criminology or criminal justice. Global Criminology: Crime and Victimization in a Globalized Era is a collection of rigorously peer-reviewed papers presented at the First International Conference of the South Asian Society of Criminology and Victimology (SASCV) that took place in Jaipur, India in 2011. Using a global yardstick as the basis for measurement, the fundamental goal of the conference was to determine criminological similarities and differences in different regions. Four dominant themes emerged at the conference: Terrorism. In a topic that operates at the intersection of international law, international politics, crime, and victimization, some questions remain unanswered. Is terrorism a crime issue or a national defense issue? Should terrorists be treated as war criminals, soldiers, or civil criminals? How can international efforts and local efforts work together to defeat terrorism? Cyber Crimes and Victimization. Cyber space provides anonymity, immediate availability, and global access. Cyber offenders easily abuse these open routes. As cyber space develops, cyber-crime develops and grows. To achieve better cyber security, global criminologists must explore cyber-crimes from a variety of perspectives, including law, the motivation of offenders, and the impact on victims. Marginality and Social Exclusion. Globalization is manifest in the fast transition of people between places, societies, social classes, and cultures. Known social constructions are destroyed for new ones, and marginalized people are excluded from important material, social, and human resources. This section examines how we can provide inclusion for marginalized individuals in the global era and protect them from victimization. Theoretical and Practical Models of Criminal Victimization. The process of globalization, as mentioned above, creates new elements of victimization. But globalization can also become an opportunity for confronting and defeating victimization through improved sharing of knowledge and increased understanding of the humanity of the weak. The emerging global criminology comprises diversity of attitudes, explanations, and perspectives. The editors of this volume recognize that in the global village, there is room for solid contributions to the field of criminology and criminal justice. This collection is a move in this direction. It is hoped that these articles will help to expand the boundaries of criminology, criminal justice, and victimology with a view towards reducing crime worldwide.