Topic
Common law
About: Common law is a research topic. Over the lifetime, 30135 publications have been published within this topic receiving 280701 citations. The topic is also known as: judicial precedent & judge-made law.
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Book•
19 Mar 2012
TL;DR: The role of international law in reproducing massive poverty Thomas Pogge; 18. Conserving resources Sundhuya Pahuja as discussed by the authors The Contexts of International Law: 1. International law and the State: 4. Statehood - territory, people, government Karen Knop; 5. Uses of'sovereignty' in the law James Crawford; 6. Exercise and limits of jurisdiction Bruno Simma and Andreas Muller; 7. Techniques and Arenas: 8. Law-making and sources - the argumentative basis Hilary Charlesworth; 9. Judicial settlement and arbitration
Abstract: Machine generated contents note: Introduction James Crawford and Martti Koskenniemi; Part I. The Contexts of International Law: 1. International law in diplomatic history Gerry Simpson; 2. International law in the world of ideas Martti Koskenniemi; 3. International law as 'law' Frederic Me;gret; Part II. International Law and the State: 4. Statehood - territory, people, government Karen Knop; 5. Uses of 'sovereignty' in the law James Crawford; 6. Exercise and limits of jurisdiction Bruno Simma and Andreas Muller; 7. Lawfare and warfare David Kennedy; Part III. Techniques and Arenas: 8. Law-making and sources - the argumentative basis Hilary Charlesworth; 9. Judicial settlement and arbitration - the invisible centre of international law Benedict Kingsbury; 10. International institutions Jan Klabbers; 11. Policing and sanctions Dino Kritsiotis; Part IV. Projects of International Law: 12. Constituting order Anne Orford; 13. Legitimating the rule of law B. S. Chimni; 14. Human rights in disastrous times Susan Marks; 15. Attacking evil Sarah Nouwen; 16. Regulating trade and investment Helene Ruiz-Fabri; 17. The role of international law in reproducing massive poverty Thomas Pogge; 18. Conserving resources Sundhuya Pahuja.
64 citations
TL;DR: The concept of precedent is fundamental to domestic courts, especially in Anglo-American common law systems, where judges are bound to the court’s past decisions as mentioned in this paper. But the concept has no formal authority in international law, and international legal rulings are binding only on the parties in the dispute at hand and have no bearing on matters outside of the case.
Abstract: The concept of precedent is fundamental to domestic courts, especially in Anglo-American common law systems, where judges are bound to the court’s past decisions. By contrast, precedent has no formal authority in international law. Legal scholars point to Article 59 of the International Court of Justice (ICJ) Statute in this respect, according to which international legal rulings are binding only on the parties in the dispute at hand, and have no bearing on matters outside of the case.
64 citations
Posted Content•
TL;DR: In this paper, the authors analyze the constitutional principles governing new challenges to Roe and argue that a multi-faceted commitment to dignity links Carhart and the Casey decision on which it centrally relies, and conclude that protecting women can violate women's dignity if protection is based on stereotypical assumptions about women's capacities and women's roles.
Abstract: This essay on the law and politics of abortion analyzes the constitutional principles governing new challenges to Roe. The essay situates the Court's recent decision in Gonzales v. Carhart in debates of the antiabortion movement over the reach and rationale of statutes designed to overturn Roe - exploring strategic considerations that lead advocates to favor incremental restrictions over bans, and to supplement fetal-protective justifications with woman-protective justifications for regulating abortion. The essay argues that a multi-faceted commitment to dignity links Carhart and the Casey decision on which it centrally relies. Dignity is a value that bridges communities divided in the abortion debate, as well as diverse bodies of constitutional and human rights law. Carhart invokes dignity as a reason for regulating abortion, while Casey invokes dignity as a reason for protecting women's abortion decisions from government regulation. This dignity-based analysis of Casey/Carhart offers principles for determining the constitutionality of woman-protective abortion restrictions. that are grounded in a large body of substantive due process and equal protection case law. Protecting women can violate women's dignity if protection is based on stereotypical assumptions about women's capacities and women's roles, as many of the new woman-protective abortion restrictions are. Like old forms of gender paternalism, the new forms of gender paternalism remedy harm to women through the control of women. The new woman-protective abortion restrictions do not provide women in need what they need: they do not alleviate the social conditions that contribute to unwanted pregnancies, nor do they provide social resources to help women who choose to end pregnancies they otherwise might bring to term. The essay concludes by reflecting on alternative - and constitutional - modes of protecting women who are making decisions about motherhood.
64 citations
TL;DR: In this paper, the authors distinguish between international sports law and global sports law, and argue that the former is a cloak for continued self-regulation by international sports federations and the latter is a claim for nonintervention by national legal systems and by international sport law.
Abstract: How can international sporting federations be regulated by law? This question is analytically dependent on a narrower question, whether there is a definable concept called international sports law. This article distinguishes between ‘international sports law’ and ‘global sports law’. International sports law can be applied by national courts. Global sports law by contrast implies a claim of immunity from national law. Conceptually, it is a cloak for continued self-regulation by international sports federations and a claim for non-intervention by national legal systems and by international sports law. It thus opposes a rule of law in regulating international sport.
64 citations
Journal Article•
TL;DR: In this article, the authors explore the human rights jurisdiction of the Court of Human Rights and European Court of Justice, and most particularly to study how they interact with each other, how do they acknowledge each other's existence; how often do they cite each other’s case law; how, if at all, does their human rights jurisprudence differ from each other.
Abstract: This article seeks to explore the human rights jurisdiction of the Court of Human Rights and European Court of Justice, and most particularly to study how they interact with each other. How do they acknowledge each other’s existence; how often do they cite each other’s case law; how, if at all, does their human rights jurisprudence differ from each other; how, if at all, does the bringing of a case in one court rather than the other affect its outcome; how does the courts’ use of each other’s materials differ from traditional comparative law usages; how does the close development of two near, but not identical, human rights jurisdictions in Europe affect the development of human rights in the European legal space?
64 citations