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.

General Principles of Law in the Decisions of International Criminal Courts and Tribunals

Abstract: Preface Abbreviations Arbitral Awards and Judicial Decisions Chapter 1: Introduction Chapter 2: General Principles of Law: A Source of International Law 2.1. Preliminary Remarks 2.2. Early International Arbitral Tribunals 2.2.1. The Formulation of Applicable Law 2.2.2. Five Examples from before the Adoption of the PCIJ Statute 2.2.3. A Brief Analysis of International Practice 2.3. The PCIJ and the ICJ 2.3.1. The Adoption of the PCIJ Statute 2.3.2. The Scope of Article 38 2.3.3. How to Find General Principles of Law in the Judgments and Advisory Opinions of the PCIJ and the ICJ 2.3.4. Eight Judgments and Advisory Opinions 2.3.5. An Analysis of the Judgments and Advisory Opinions 2.4. The Autonomy of General Principles of Law as a Source of International Law 2.4.1. Scholarly Views on General Principles as a Formal Source of International Law 2.4.2. General Principles as a Formal and Material Source of International Law 2.4.3. A Subtle Difference between General Principles of Law and General Principles of International Law 2.5. The Subsidiary Nature of General Principles of Law 2.6. The Determination of General Principles of Law 2.6.1. The 'Vertical Move' 2.6.2. The 'Horizontal Move' 2.6.3. The Absence of Comparative Legal Research in PCIJ and ICJ Practice 2.7. The Transposition of General Principles of Law 2.7.1. Application by Analogy 2.7.2. Traditional Arguments against Transposition 2.7.3. The 'Special Character' of International Law 2.7.4. Structural Differences between International Law and National Legal Systems 2.7.5. Transposition to New Branches of International Law 2.8. Concluding Remarks Chapter 3: General Principles of Law in the Decisions of International Criminal Courts and Tribunals 3.1. Preliminary Remarks 3.2. Early International Criminal Tribunals 3.2.1. The IMT 3.2.2. The IMTFE 3.3. Contemporary International Criminal Courts and Tribunals 3.3.1. The ICTY 3.3.2. The ICTR 3.3.3. The ICC 3.3.4. The SCSL Chapter 4: Analysis of Practice and of Relevant Scholarly Writing 4.1. The Autonomy of General Principles of Law as a Source of International Criminal Law 4.1.1. General Principles of Law as a Formal Source of International Criminal Law 4.1.2. General Principles of Law as a Formal and Material Source of International Criminal Law 4.1.3. A Difference between Three Sets of Legal Principles? 4.2. A Subsidiary Source of International Criminal Law? 4.3. The Determination of General Principles of Law 4.3.1. Recourse to Judicial Decisions and Scholarly Writing 4.3.2. The 'Vertical Move' 4.3.3. The 'Horizontal Move' 4.3.4. Last Observations on the Issue of Determination 4.4. The Transposition of General Principles of Law 4.4.1. Substantive and Procedural Criminal Law Analogies 4.4.2. The Problems of Transposition 4.5. Concluding Remarks Chapter 5: Conclusions Bibliography Index

Cases, Materials and Text on National, Supranational and International Non-Discrimination Law: Ius Commune Casebooks for the Common Law of Europe

Abstract: This casebook — the result of the collaborative efforts of a panel of experts from various EU Member States — is the latest in the Ius Commune Casebook series developed at the Universities of Maastricht and Leuven. The book provides a comprehensive resource for students, practitioners, researchers, public officials, NGOs, consumer organizations, and the judiciary. As non-discrimination law is a comparatively new subject, the book examines the concepts of discrimination law on the basis of a wide variety of young and often still emerging case law and legislation from various EU Member States. At the end of each chapter, a comparative overview ties the material together, with emphasis on existing or emerging general principles in the legal systems within Europe. The book illustrates the distinct relationship between international, European, and national legislation in the field of non-discrimination law. It covers the grounds of discrimination addressed in the Racial Equality and Employment Equality Directives as well as non-discrimination law relating to gender.

The Early History of the Law of Bills and Notes: A Study of the Origins of Anglo-American Commercial Law

Abstract: Preface Table of cases and precedents Note on citation Introduction 1. The central courts, commercial law, and the law merchant 2. Early exchange transactions: commercial practice 3. Early exchange transactions: private law 4. Early exchange transactions: public law and policy 5. From exchange transactions to bills of exchange: the transformation of commercial practice 6. The custom of merchants and the development of the law of bills 7. The civilians and the law of bills in the seventeenth century 8. Transferability and negotiability 9. The law of bills and notes in the eighteenth century 10. The problem of accommodation bills Conclusion Bibliography Index.

The spirit of Japanese law

Abstract: The Spirit of Japanese Law focuses on the century following the Meiji Constitution, Japan's initial reception of continental European law. While most westerners may view judges as Japanese law's least significant actors, Haley argues that they have the last word because their interpretations of constitution and codes define the authority and powers they and others hold. Based on a "sense of society, " the judiciary confirms bonds of village, family, and firm, and "abuse of rights" and "good faith" similarly affirm community. The Spirit of Japanese Law concludes with constitutional cases that help explain the endurance of community in contemporary Japan.

Quality Standards in the Public Sector: Differences Between Italy and the UK in the Citizen’s Charter initiative

Abstract: Service quality of public services is a major aim of the New Public Management reforms occurring throughout Europe. The Citizen’s Charter initiative, launched by the UK Prime Minister John Major in 1991, has been an example followed in some European countries, including Italy (Carta dei servizi). This paper analyses and evaluates the cultural differences in the usage of the concept of service quality standards between the UK experience and the Italian one, referring particularly to two kinds of public services, very different one from the other: healthcare and electricity supply. The comparative policy analysis leads to a sketch of two different profiles in the usage of quality standards in the public sector: a common law profile, where quality standards are not legal rights but targets to be achieved and improved; and a public law profile, where quality standards tend to be overlapped and confused with legal rights of users. Under the latter framework, standards are likely to be sidestepped because they are perceived more as a problem than as an opportunity to change.