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.

A Law of the Future or A Law of the Past? Modern Tribunals and the International Law of Expropriation

Abstract: One precedent creates another. They soon accumulate and constitute law. What yesterday was fact, today is doctrine. Junius† Less than twenty years ago, a large majority of the United Nations General Assembly declared the customary international law of expropriation dead. Eighty-six governments supported a resolution holding that a state expropriating foreign property “is entitled to determine the amount of possible compensation and the mode of payment, and … any disputes which might arise should be settled in accordance with the national legislation of [that] State.” Scholars cited this and other General Assembly resolutions as evidence that international law no longer required full compensation for the expropriation of foreign property. This view had sufficient support to precipitate an acrimonious dispute in the preparation of the Restatement (Third) of the Foreign Relations Law of the United States, which reaffirmed only in its later drafts the traditional “Hull formula.”

The Structure and Organization of EU Law in the Field of Direct Taxes

Abstract: Since 30 years, European rules have significantly impacted national taxes on the income and property of individuals and businesses. However, not legislation adopted in Brussels, but the decisions of the European Court of Justice at times reduce the national budgets of the 27 EU Member States by several billions of Euros. This dissertation analyses, using network science, the system of rules that the Court has developed. Although some regard this form of European control as an undemocratic attack on national sovereignty, this research finds that the Court consistently recognises the legitimate right of Member States to levy taxes in their national territory.

Federal public land and resources law

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