Relevant bibliographies by topics / General principle of international law

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  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters
  5. Conference papers
  6. Reports

Academic literature on the topic 'General principle of international law'

Author: Grafiati
Published: 4 June 2021
Last updated: 2 February 2022

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Journal articles on the topic "General principle of international law"

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Bjorge, Eirik. "Public Law Sources and Analogies of International Law." Victoria University of Wellington Law Review 49, no. 4 (November 15, 2018): 533. http://dx.doi.org/10.26686/vuwlr.v49i4.5339.

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Are the "general principles of law recognised by civilized nations" capable of adjusting to the progress and needs of the international community? This article argues that they are, and that international law needs, to a larger degree than what has been the case, to draw on principles of public law. Those principles of public law are not to supplant, but to supplement, those of private law. The article analyses four principles: the principle of legality; the principle requiring positive legal basis for state action; the principle that even the highest emanation of the executive power cannot escape judicial review; and the principle of protection of legitimate expectations. If one takes account of the needs of international law, there is no reason whatever why today we should accede to the orthodoxy that the intention behind the concept of general principles is only to authorise a court to apply the general principles of municipal jurisprudence, in particular of private law, in so far as they are applicable to relations of states – if for no other reason than the fact that international law no longer governs only relations of states.
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Jackson, Miles. "State Instigation in International Law: A General Principle Transposed." European Journal of International Law 30, no. 2 (May 2019): 391–414. http://dx.doi.org/10.1093/ejil/chz021.

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Abstract It is widely believed that international law imposes no general prohibition on instigation – no general prohibition on states inducing, inciting or procuring other states to breach their international obligations. The absence of a prohibition on instigation stands in contrast to the now entrenched prohibition on the provision of assistance to another state that facilitates an internationally wrongful act. In this article, I argue that the orthodox position on instigation is incorrect. I argue that a prohibition on instigation is founded on a general principle of law, as envisaged in Article 38(1)(c) of the Statute of the International Court of Justice, and that it would be appropriate to transpose that general principle to the international legal system. To sustain this argument, I first construct a representative set of domestic jurisdictions for comparative analysis. Second, through a brief comparative survey, I assess whether in each of these domestic jurisdictions it is wrongful, in one way or another, for an actor to instigate another to commit an act that it would be wrongful for it to do itself. And, third, I argue that the transposition of this principle from domestic law to international law is conceptually and normatively appropriate.
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KIM, Jinyup. "Solidarity as a General Principle of Law in International Law." Ewha Law Journal 25, no. 3 (March 31, 2021): 159–92. http://dx.doi.org/10.32632/elj.2021.25.3.159.

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Gil-Bazo, M. T. "Asylum as a General Principle of International Law." International Journal of Refugee Law 27, no. 1 (February 3, 2015): 3–28. http://dx.doi.org/10.1093/ijrl/eeu062.

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Dumberry, Patrick. "The Clean Hands Doctrine as a General Principle of International Law." Journal of World Investment & Trade 21, no. 4 (August 10, 2020): 489–527. http://dx.doi.org/10.1163/22119000-12340182.

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Abstract The question of the scope and application of the doctrine of clean hands by investment tribunals is controversial. This article examines how scholars, international courts and tribunals and investment tribunals have analysed the concept. I will show that while the doctrine has rarely been used by international tribunals, they have nonetheless recognised and applied the clean hands doctrine in several awards. I will critically assess the reasoning of the Yukos award and, most importantly, the recent South American Silver Limited award, which have both held that the clean hands doctrine is not a general principle of law. I will argue, like many writers, that the doctrine should be considered as a general principle of international law. The article examines this concept and describes how such principles emerge on the international plane in a manner different from general principles grounded in the domestic laws of States.
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Kaminska, Ilona. "FUNCTIONAL PRINCIPLES OF EU LAW IN THE LAW ENFORCEMENT PRACTICE OF THE COURT OF JUSTICE." Visnyk of the Lviv University. Series Law 71 (December 18, 2020): 11–23. http://dx.doi.org/10.30970/vla.2020.71.011.

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The article is devoted to the study of the principles of law that determine the fundamentals of the EU functioning. The concepts of general principles of law, international principles of law as well as principles of EU law are distinguished. The principles of EU law are classified into international, democratic, economic, organizational, functional, sectoral. The study of the principles of EU law is important for Ukrainian science in the context of Ukraine's integration into the EU. The results of the research will help the judiciary to integrate the principles of EU law into its case law. The Constitutional Court of Ukraine and the Supreme Court will play an important role in the integration of EU law into the national legal order. The following definition of the concept is proposed: the principles of EU law are the fundamental ideological principles of the EU legal system, which determine legal status of the EU as a subject of law and international relations; legal status of EU citizens; basic principles of organization and functioning of the EU; areas, limits and mechanisms for exercising the powers of the EU institutions; principles of legal regulation in the areas that fall within the competence of the EU. The principle of conferral is singled out as a fundamental functional principle from which other principles of EU law originate, namely: the principle of coherence of policies and actions; the principle of open EU cooperation with Member States; the principle of subsidiarity; the principle of proportionality; the principle of open cooperation between EU institutions; the principle of institutional balance. Their relationship and the mandatory nature of compliance are established. The operation of any of the institutions contrary to the principle of conferral or any of the principles named is a ground for appealing against such actions before the Court of Justice. According to Article 263 TFEU, the Court of Justice has the jurisdiction to review the legality of legislative acts, decisions or actions of the European Council, the European Parliament, the European Commission and the European Central Bank, as well as bodies, offices and agencies intended to produce legal effects vis-à-vis third parties. The content of the functional principles of EU law is revealed and the order of their application by the Court of Justice of the EU is analyzed on the example of one of the decisions. The classification of principles of EU law on a source of their placement is offered. In the system of principles of EU law should also be distinguished: 1) the principles of law that follow from the provisions of international law (the principle of peaceful cooperation and the principles of the UN Charter); 2) the principles of law derived from the principles of market economy and social policy (the principle of economic, social, territorial unity of the Member States and solidarity between them); 3) the principles of law derived from democratic principles (principle of respect for human dignity, freedom, representative democracy, equality, rule of law, respect for human rights, including the rights of minorities). Therefore, in a general sense, the system of principles of EU law includes: international principles of law, general (democratic principles of law, economic principles, principles of EU law) (organizational, functional, sectoral). KEYWORDS Key words: general principles of law, principles of EU law, EU Court of Justice, the principle conferral, EU goals
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Dumberry, Patrick. "The Emergence of the Concept of ‘General Principle of International Law’ in Investment Arbitration Case Law." Journal of International Dispute Settlement 11, no. 2 (February 10, 2020): 194–216. http://dx.doi.org/10.1093/jnlids/idz027.

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Abstract This article examines the concept of ‘general principle of international law’ and the way it has so far been used by tribunals in investment cases. It will first outline the nature and meaning of these principles emerging on the international plane and distingue them from other general principles grounded in States’ domestic laws. The empirical analysis of four general principles (burden of proof, estoppel, res judicata and abuse of rights) shows that many tribunals have explicitly recognized them as general principles of international law. The reasoning of other tribunals, the expressions they have used and the international law material they have referred to strongly suggest that they have also come to the same conclusion. Finally, this article considers the reasons why this concept is important to the further development of investment arbitration.
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Czaplińska, Anna. "Responsibility in International Law: General Principle or Institution of Customary Law?" Wroclaw Review of Law, Administration & Economics 8, no. 2 (December 1, 2018): 249–57. http://dx.doi.org/10.1515/wrlae-2018-0046.

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Djatmiko, Agoes, and Elisabeth Pudyastiwi. "PROTECTION AND PRESERVATION SEA ENVIRONMENT IN INTERNATIONAL LAW PERSPECTIVE." Jurnal Komunikasi Hukum (JKH) 6, no. 1 (February 15, 2020): 185. http://dx.doi.org/10.23887/jkh.v6i1.23469.

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Protection of the marine environment within the framework of international law is actually an accumulation of The Principle of National Sovereignity and The Freedom of High Sea. The International Maritime Organization (IMO) states that "a right on the part of an astat threatened with the environmental injury from sources beyond its territorial jurisdiction, at least where those sources are located on the high seas, to take reasonable action to prevent or abate that injury ". The general principle of good neighbor liness can be found in international customary law as well as in Article 74 of the UN Charter. This principle is reflected in several international treaties and is supported by the country's main practices in dangerous and emergency activities. Cooperation is contained in the 24th Principle of the Stockholm Declaration and the 27th Principle of the Rio Declaration which states that countries must cooperate in the principles of good faith and the spirit of partnership as efforts to protect the environment. Keywords: protection of the marine environment, principles of good faith, International Maritime Organization (IMO)
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Ndeunyema, Ndjodi. "Unmuddying the Waters: Evaluating the Legal Basis of the Human Right to Water Under Treaty Law, Customary International Law, and the General Principles of Law." Michigan Journal of International Law, no. 41.3 (2020): 455. http://dx.doi.org/10.36642/mjil.41.3.unmuddying.

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This article evaluates the existence of a freestanding, general human right to water under each of the three principal sources of international law: treaty, customary international law, and the general principles of law. To date, the right to water has been derived from treaty law, most prominently as part of the right to an adequate standard of living in article 11 of the International Covenant on Economic, Social and Cultural Rights (as implied by General Comment 15 to the ICESCR). The potential importance of a non-treaty based right to water––as a matter of customary international law or a general principle of law––is that it would bind all states, including states that are not parties to treaties with right to water provisions. Therefore, this article evaluates the state practice and opinio juris elements of custom supporting a right to water. Recognizing the disputed nature of how these two elements generally interact to crystallize into a customary norm, the article considers the problem using two distinct methodological approaches: the sliding scale approach and the reflective equilibrium approach. Finally, the paper considers whether a right to water is supported by the general principles of law. Although the right to water is not directly created by the general principles of law, the principles can nevertheless be applied to develop states’ positive and negative obligations for water provision.
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Dissertations / Theses on the topic "General principle of international law"

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Yotova, Rumiana Vladimirova. "International public policy and the settlement of disputes : in search of a general principle of law." Thesis, University of Cambridge, 2015. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.708678.

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Versan, R. "The general principles of international judicial assistance in civil matters and judicial assistance to international courts." Thesis, University of Cambridge, 1985. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.373715.

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Raimondo, Fabián Omár. "General principles of law in the decisions of international criminal courts and tribunals." [S.l. : s.n.], 2007. http://dare.uva.nl/record/234268.

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Moreno, Molina José Antonio. "General Principles of Public Procurement in Recent International, European and Latin American Law." Derecho & Sociedad, 2015. http://repositorio.pucp.edu.pe/index/handle/123456789/118488.

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The paper reflects on the importance of the general principles of public procurement in the application and interpretation of the law in this area. To this objective both the international law of administrative contracts, which has its main landmarks in the government procurement agreement of the World Trade Organization and the United Nations Model Law, as the regulation and case law of the European Union are analyzed, which has laid a very advanced teaching in this regard. Finally it is subject to review recent legislation compared to Latin America on public procurement, which attaches great importance to general principles.
En el trabajo se reflexiona acerca de la importancia de los principios generales de la contratación pública en la aplicación e interpretación del Derecho en la materia. A tal efecto se analizan tanto el Derecho Internacional de las contrataciones administrativas, que tiene sus principales hitos en el Acuerdo de compras públicas de la Organización Mundial del Comercio y en la Ley Modelo de Naciones Unidas, como la regulación y jurisprudencia de la Unión Europea, que ha sentado una doctrina muy avanzada al respecto. Finalmente es objeto de comentario la reciente legislación comparada de países de América latina sobre contratos públicos, que concede una gran importancia a los principios generales.
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Heidemann, Maren. "Methodology of uniform contract law : the UNIDROIT principles in international legal doctrine and practice." Thesis, University of Nottingham, 2005. http://eprints.nottingham.ac.uk/12078/.

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Despite ever growing international trade and dispute settlement, a consistent international methodology of uniform private law has yet to be formed. This is needed in order to encourage the use of existing uniform transnational law rules specifically designed for application to international commercial contracts. This study examines uniform contract law in legal methodology and considers the barriers which exist toward it in modern nation states. It explores ways in which these barriers can be overcome and considers whether it is thereby possible to create a specific methodology of international contract law. Through exploring these three areas, this thesis intends to distinguish and analyse the main obstacles to the application of uniform contract law. The study is therefore organized into three sections, each exploring one of those methodological obstacles and providing solutions for overcoming them. Part One discusses the barriers erected by traditional theories of contract law. Part Two addresses the attitude taken by national lawyers when applying uniform law and enquires how this attitude is formed. This section also asks why this attitude provides an obstacle to the success of uniform law and considers ways in which it could be changed. Part Three, the third and final section considers the treatment of uniform contract law in the context of conflict of laws. This section also asks how seemingly opposite positions in the modern and traditional theory of private international law can be reconciled and considers the ways in which uniform contract law can be applied within a domestic law context as lex contractus. The author argues that the points of resistance identified can be tackled by developing an autonomous methodology of interpretation of transnational contract principles; and, by treating model sets of transnational contract principles as a form of lex specialis. Overall, the thesis seeks to demonstrate that the potential of the UPICC has not yet been fully recognised, and that barriers to such recognition are not insurmountable.
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Fellrath, Isabelle. "A study of selected principles of international environmental law in the light of 'sustainable development'." Thesis, University of Nottingham, 1998. http://eprints.nottingham.ac.uk/10983/.

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Since the late 1980s, the terms of 'sustainable development' have been frequently referred to both in international environmental law instruments and in the doctrine. In spite of such references, however, sustainable development has remained poorly developed in terms of its meaning and of its practical and normative implications. This thesis purports to come out with a partial picture of what sustainable development means (or does not mean) in the restricted context of international environmental law. To do so, it will try to identify in which respect and how far sustainable development has influenced and has been reflected in the evolution of some selected principles of that law. Each principles is considered in an evolutionary perspective, from the time of its inception to the time of its 'association' to sustainable development.
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Thévenot-Werner, Anne-Marie. "Le droit des agents internationaux à un recours effectif : vers un droit commun de la procédure administrative internationale." Thesis, Paris 1, 2014. http://www.theses.fr/2014PA010295.

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L’immunité de juridiction des organisations internationales exclue – en principe – toute possibilité pour un agent international de se tourner vers le juge national en cas de litige avec son organisation. Ainsi, la question se pose de la garantie par le droit international du droit à un recours effectif des agents. Bien que chaque organisation internationale soit créatrice de son propre ordre juridique partiel, de multiples principes généraux identifiés par les différents tribunaux administratifs internationaux établissent un droit des agents internationaux à un recours effectif. Toutefois, dans la pratique, les parties prenantes dotées du pouvoir décisionnel ne tirent pas toujours toutes les conséquences de ces normes pour offrir aux agents les garanties nécessaires en vue d’assurer l’effectivité des voies de recours. Il en résulte une fragilité de ce droit, qui n’est pas sans répercussion sur le respect de l’état de droit au sein des organisations internationales
International organizations’ immunity from jurisdiction prevents – in principle – an international agent from access to national courts in case of a conflict with his organization. Therefore, the question arises whether agents have a right to an effective remedy under international law. Despite the fact that each international organization creates its own partial legal order, various general principles identified by different international administrative tribunals establish, taken as a whole, the right of international agents to an effective remedy. However, in practice, the key stakeholders having decision-making power do not draw all necessary conclusions from these rules which would provide agents with the required guarantees for ensuring effectiveness of the legal remedies. This emphasizes the fragility of this right – a fragility which is not without consequences on the rule of law in international organizations
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Thani, Ahmed Abdulla Farhan. "The projected Arab Court of Justice : a study to its draft statute and rules, with specific reference to the International Court of Justice and principles of Islamic Shariah." Thesis, University of Glasgow, 1999. http://theses.gla.ac.uk/1571/.

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The present thesis deals with the projected Arab Court of Justice (ACJ) as a regional court, expected to be created within the League of Arab States system. Chapter one deals mainly with the basic structure of the League of Arab States itself, its membership, its organs, the settlement of disputes, and the reasons that are delaying the creation of the ACJ and the role it will be expected to play in settling inter-Arab disputes. In the second chapter comprehensive information on the function of the judicial power in Islamic Shariah is presented, including the status of judges in Islam, their appointment, qualifications, independence and other issues related to them. Chapter three concentrates on the organisation of the projected ACJ, comparing its draft Statute with the Statute of the International Court of Justice (ICJ) and other regional international courts. The chapter will also show how far the Arab draftsmen have been influenced by principles and rules of Islamic Shariah, especially in matters relating to the qualification of judges. Furthermore, the chapter will discuss other points related to the organisation of the bench such as nomination of candidates, system of election, constituting chambers, appointing ad hoc judges etc. The fourth chapter explains in detail at the level of theory as well as of practice the role of Islamic Shariah as a source to be applied by the projected ACJ. The chapter points to the need to discuss the origins and fundamental conceptions of Islamic Shariah as a law capable to be applied by the projected ACJ. Chapter five continues with a discussion of the jurisdiction of the ACJ, and makes detailed reference to the concepts of jurisdiction ratione personae, ratione materiae and the function of the ACJ to give advisory opinions. The thesis considers whether the Arab drafters have developed the above terms or have simply adopted them as they exist in the Statute of the International Court of Justice. The conclusions summarise the findings of the Thesis, and are accompanied by some critical remarks.
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Ghaibeh, Huda Julie. "The United Nations Global Compact's human rights principles| An analysis." Thesis, University of Colorado at Denver, 2014. http://pqdtopen.proquest.com/#viewpdf?dispub=1556855.

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This thesis aims to determine the effectiveness of the largest corporate social responsibility initiative, the United Nations Global Compact, in the protection of human rights by businesses. Certain scholars critique the Compact's human rights principles and voluntary aspect while others support it. The main critique is that the principles fail to provide adequate direction to businesses. However, my assertion is that the voluntary initiative's human rights principles are effective. I have relied on secondary literature in analyzing the paths of a number of signatory businesses, each from differing sectors, in addressing human rights. It appears that the vagueness of the principles serves a purpose for businesses of different industry types and contexts. In other words, my originally proposed thesis was strengthened after examining how various signatory businesses have sought to support human rights. Rather than turning the principles into a highly structured code of conduct for all businesses as the critics have argued, I argue that the principles should remain general and that more detailed direction must be developed for each individual business according to industry type, geographical location, size, and other particular circumstances.

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Lamour, Marianne. "Le principe lex specialis en droit international." Thesis, Paris 10, 2017. http://www.theses.fr/2017PA100188.

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L’accroissement sensible des références au principe lex specialis dans le discours des acteurs du droit international, notamment depuis la fin du XXe siècle, a contribué à le faire apparaître comme un concept incontournable. Pourtant, la question de son contenu fait toujours débat dans les travaux de la doctrine comme dans la pratique de ces acteurs. Une dualité des perceptions de la fonction du principe lex specialis existe en effet dans leurs discours où il est entendu soit comme un principe d’articulation de règles concurrentes soit comme un principe de solution de conflit entre règles incompatibles. Cette dualité n’est pas surprenante : elle prend sa source dans des genèses historiquement différentes et conceptuellement antagonistes de chacune de ces fonctions. Celle de solution de conflit procède pourtant dès l’origine d’une incohérence conceptuelle puisque deux règles contradictoires n’entretiennent en fait pas de relation de généralité et de spécialité. Elle n’est au demeurant pas transposable dans l’ordre juridique international moderne car le fait qu’un de ses sujets puisse ne pas se conformer à une obligation qui lui incombe en raison de l’existence d’une autre obligation contradictoire avec celle-ci, et ce licitement, est irréconciliable avec le principe axiomatique pacta sunt servanda. Par contraste, sa fonction d’articulation constitue un outil pour l’interprète au service de l’affirmation de la cohérence et de l’unité du droit qu’il applique. Dans le contexte contemporain d’interrogation sur la fragmentation du droit international, il n’est donc pas étonnant que ce soit cette fonction que les acteurs mettent majoritairement en œuvre de nos jours
The significant increase in references to the lex specialis principle by international actors, especially since the end of the twentieth century, has made it appear as an unavoidable concept. However, the question of its content is still debated by scholars and in practice. A duality of perceptions of the function of the lex specialis principle exists. Indeed, it is understood either as a principle of articulation of competing rules or as a principle of solution of conflict between contradictory rules. That duality is not surprising: each of these functions derives from historically different and conceptually antagonistic genesis. But the solution of conflict function proceeds from the outset of a conceptual incoherence since two contradictory rules have no relation of generality and specialty. Moreover, it can not be transposed into the modern international legal order because the fact that one of its subjects may lawfully not comply with one of its obligation due to the existence of another obligation contradictory to it is irreconcilable with the axiomatic principle pacta sunt servanda. By contrast, its articulation function constitutes a tool for the interpreter to affirm the coherence and unity of the law it applies. In relation to the contemporary concerns about fragmentation of international law, it is not surprising that this is the function most of its actors implement today
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Books on the topic "General principle of international law"

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The principle of legality in international and comparative criminal law. Cambridge [UK]: Cambridge University Press, 2008.

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Principles of public international law. 7th ed. Oxford: Oxford University Press, 2008.

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Brownlie, Ian. Principles of public international law. Oxford: Oxford University Press, 1990.

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Principles of public international law. 5th ed. Oxford: Clarendon Press, 1998.

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Principles of public international law. 6th ed. Oxford: Oxford University Press, 2003.

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Principles of public international law. 4th ed. Oxford [England]: Clarendon Press, 1990.

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Cheng, Bin. General principles of law as applied by international courts and tribunals. Cambridge: Cambridge University Press, 1994.

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General principles of law: As applied by international courts and tribunals. Cambridge: Grotius, 1987.

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General principles of law in the decisions of international criminal courts and tribunals. Leiden: M. Nijhoff Pub., 2008.

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Bulajić, Milan. Principles of international development law: Progressive development of the principles of international law relating to the new international economic order. 2nd ed. Dordrecht: M. Nijhoff, 1993.

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Book chapters on the topic "General principle of international law"

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Peleg, Noam. "International Children’s Rights Law: General Principles." In International Human Rights of Children, 135–57. Singapore: Springer Singapore, 2018. http://dx.doi.org/10.1007/978-981-10-4184-6_5.

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Peleg, Noam. "International Children’s Rights Law: General Principles." In Precision Manufacturing, 1–23. Singapore: Springer Singapore, 2018. http://dx.doi.org/10.1007/978-981-10-3182-3_5-1.

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Caponera, Dante A., and Marcella Nanni. "International water resources law in general." In Principles of Water Law and Administration, 241–64. 3rd edition / revised and updated by Marcella Nanni. | Boca Raton : CRC Press/Balkema, [2019]: Routledge, 2019. http://dx.doi.org/10.1201/9780429465703-10.

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Fitzmaurice, Malgosia. "Customary Law, General Principles, Unilateral Acts." In Nicaragua Before the International Court of Justice, 247–67. Cham: Springer International Publishing, 2017. http://dx.doi.org/10.1007/978-3-319-62962-9_10.

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Goldman, Berthold. "The applicable law: general principles of law — the lex mercatoria." In Contemporary Problems in International Arbitration, 113–25. Dordrecht: Springer Netherlands, 1987. http://dx.doi.org/10.1007/978-94-017-1156-2_11.

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Nobuo, Hayashi. "4 General Principles of International Humanitarian Law." In The Handbook of International Humanitarian Law. Oxford University Press, 2021. http://dx.doi.org/10.1093/law/9780198847960.003.0004.

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This chapter explains the general principles of international humanitarian law—i.e. the prohibition of unnecessary suffering; the prohibition of indiscriminate warfare; and the principle of humanity—in their application and interaction. The prohibition against maux superflus—that is, against weapons and materials causing excessive suffering—is an old principle. It is characterized by an intricate mixture of very definite prohibitions on certain specific categories of arms, on one hand, and a rather abstract prohibition on means of warfare which cause unnecessary suffering, on the other. The utmost protection of the civilian population is also an old concept. By the nineteenth century, legal practice had established the prohibition against indiscriminate warfare as a customary rule. The principle of humanity has not always played the definitive role in moderating belligerent conduct. Nevertheless, humanity was clearly a source of normative constraints on the waging of war.
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Gerhard, Werle, and Jeßberger Florian. "Ch.Two General Principles." In Principles of International Criminal Law. Oxford University Press, 2020. http://dx.doi.org/10.1093/law/9780198826859.003.0002.

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This chapter focuses on the general principles of international criminal law. It first develops a general theory of crimes under international law by considering the concept of crimes under international law as well as the context of organised violence. The structure of crimes under international law is also explored. Next, the chapter studies the material and mental elements of crimes under international law. Individual criminal responsibility and superior responsibility are also discussed, as are the grounds for excluding criminal responsibility. Next, the chapter covers inchoate crimes, omissions within the context of the ICC Statute, immunity, the multiplicity of offences, and finally, the requirements for prosecution.
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Symeon C, Symeonides. "Part 1 General and Special Reports, 2 The Story of Party Autonomy." In Choice of Law in International Commercial Contracts. Oxford University Press, 2021. http://dx.doi.org/10.1093/law/9780198840107.003.0002.

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This chapter discusses the principle of party autonomy. The term ‘party autonomy’ as used in this book is a shorthand expression for the notion that parties to a multistate contract should be allowed, within certain parameters and limitations, to agree in advance on which law will govern the contract. This notion is now considered a universal principle of private international law (PIL) or conflicts law. In 2015, the year in which the Hague Conference on Private International Law adopted the Principles on Choice of Law in International Commercial Contracts, only eleven of the 161 countries surveyed did not adhere to this principle. It has been characterized as ‘perhaps the most widely accepted private international rule of our time’, a ‘fundamental right’, and an ‘irresistible’ principle that belongs to ‘the common core’ of nearly all legal systems. Naturally, there are significant variations from one legal system to the next about not only the exact scope, modalities, parameters, and limitations of this principle, but also about its theoretical source and justification. The chapter then traces the historical origins and subsequent evolution of the basic principle.
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Ahmed, El Far. "3 The Nature of Abuse of Rights in International Arbitration." In Abuse of Rights in International Arbitration. Oxford University Press, 2020. http://dx.doi.org/10.1093/law/9780198850380.003.0004.

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This chapter explores the nature of abuse of rights in international arbitration. It determines the legal basis of abuse of rights, questions the transnational nature of the principle, and examines whether it comprises a principle of transnational public policy. A scrutiny of the principle’s application in international arbitration not only demonstrates the omnipresence of the principle in most legal systems as well as under international law, but provides compelling evidence that a general principle of abuse of rights has emerged in international arbitration. Moreover, a review of different legal systems testify that the principle is recognized as a general substantive and procedural principle of law. This is further confirmed by the views of renowned scholars and by the constant application of abuse of rights as a general principle of law. However, while the principle reflects fundamental interests that decision makers should uphold, its depiction as part of transnational public policy is controversial.
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Ahmed, El Far. "Introduction and Delimitation of the Subject." In Abuse of Rights in International Arbitration. Oxford University Press, 2020. http://dx.doi.org/10.1093/law/9780198850380.003.0001.

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This introductory chapter provides an overview of the principle of abuse of rights in international arbitration. It is now generally recognized that international arbitration is the preferred method for resolving disputes in international trade and the normal means for resolving commercial and investment disputes. However, in recent years, international arbitration has been plagued by different forms of procedural abuse. Abusive practices developed by parties may not only cause paramount prejudice to their opponents, but can also undermine the fair resolution of disputes and frustrate the administration of arbitral justice. The existing rules for the prevention of abuse have a defined and narrow scope, are inherently rigid in their application, and fail to remedy different forms of abuse. As such, a general principle of abuse of rights is vital in international arbitration. The virtue of a single theory with a wide scope and an overarching premise is that it is a principle which involves equity considerations, enjoys the flexibility of general principles of law, and can be used to address different abusive behaviours.
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Conference papers on the topic "General principle of international law"

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Azeez, Sardar. ""Violation of the principle of equality when drafting the punitive text Legislation issued by the Parliament of the Kurdistan Region as a model"." In INTERNATIONAL CONFERENCE OF DEFICIENCIES AND INFLATION ASPECTS IN LEGISLATION. University of Human Development, 2021. http://dx.doi.org/10.21928/uhdicdial.pp85-103.

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Observing the principle of equality when drafting punitive texts is one of the basic components of successful legislative drafting . And that equality before the law is closely related to justice, because justice requires the formulation of the rules of the law in a general and abstract manner in a way that all those who address the law enjoy its protection and are subject to accountability. Since there are international charters and treaties that Iraq has joined or ratified, most of them contain explicit texts about the equality of individuals before the law. Therefore, the legislative drafting of punitive texts in a manner that achieves equality is an implementation of the international obligations resulting from ratification or accession to these international conventions and treaties. In addition, laws that are legislated in contravention of the principle of equality are considered unconstitutional laws because they are in violation of the Constitution, and the provisions of ordinary law may not contradict the principles of the Constitution.
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Tabatchikova, Anastasiya. "Problems of Balancing Private and Public Interests of States in the Criminalisation of International Crimes." In The Public/Private in Modern Civilization, the 22nd Russian Scientific-Practical Conference (with international participation) (Yekaterinburg, April 16-17, 2020). Liberal Arts University – University for Humanities, Yekaterinburg, 2020. http://dx.doi.org/10.35853/ufh-public/private-2020-22.

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The contemporary world often sees a contradiction between the actions of states to advocate their own interests and the interests of the international community in combating the most dangerous crimes. In the field of international criminal law, the problem of imbalance between interests of particular states (‘private’ interests), and the interests of the international community in general ‘public’ interests) is especially evident. This imbalance indirectly manifests in the occurrence of contentious situations during the criminalisation of international crimes in national law. This article covers the problem of the imbalance of interests, from its general philosophical underpinnings to specific manifestations in criminal law. This objective mediates the construction of the article according to the principle ‘from the general to the particular’: from the general problem of the relation of the interests of the state and the global community through the prism of international criminal law to the specific problems of criminalisation in domestic law. The article was prepared with the use of historical, comparative-legal, and formal-juridical methods. The ain provisions of the article are illustrated with examples from international and national law, supported by quotations from philosophers and contemporary scholars of the philosophy of international law. The author begins by exploring the development of ideas of sovereignty as a private interest of the state. Upon establishing that the evolution of sovereignty ideas has not led to its uniform understanding and consistency with the interests of international law, the author delves into the problems of international criminal law. The author adresses the problems occurring during the criminalisation of international crimes in the framework of domestic law. The author makes a conclusion regarding the possible ways of national law refinement for strengthening the interaction of states in the field of international criminal law.
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Viikari, Lotta. "Creating an International Regime for Space Traffic Management-Moving from General Principles towards Enforceable Rules." In 54th International Astronautical Congress of the International Astronautical Federation, the International Academy of Astronautics, and the International Institute of Space Law. Reston, Virigina: American Institute of Aeronautics and Astronautics, 2003. http://dx.doi.org/10.2514/6.iac-03-iisl.4.04.

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Pranoto, Edi. "Effectiveness of Legal Construction: General Principles of Good Governance in Indonesia." In Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019). Paris, France: Atlantis Press, 2019. http://dx.doi.org/10.2991/icglow-19.2019.87.

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de Souza, Jonatas S., Jair M, Abe, Luiz A. de Lima, and Nilson A. de Souza. "The General Law Principles for Protection the Personal Data and their Importance." In 7th International Conference on Computer Science, Engineering and Information Technology (CSEIT 2020). AIRCC Publishing Corporation, 2020. http://dx.doi.org/10.5121/csit.2020.101110.

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Kobus, C. J., and Y. P. Chang. "A Uniform Standard for the Teaching of Energy Perspectives in Statistics and Dynamics." In ASME 2012 International Mechanical Engineering Congress and Exposition. American Society of Mechanical Engineers, 2012. http://dx.doi.org/10.1115/imece2012-88225.

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It has become increasingly apparent in our combined years of teaching engineering subjects that there is a discontinuity between how related subjects are taught. By that, we mean that fundamental principles of mass, energy and momentum are indifferent to the application, yet they are introduced and utilized very differently in various engineering courses, specifically those in the general area of solid mechanics versus those in the fluid and thermal sciences. One example of this disparity is the conservation of energy principle, one of the two most fundamental of principles for which all things appear subject to without limitation. Also known as the 1st Law of Thermodynamics, the statement simply says “energy cannot be created nor destroyed.” This implies that, within these broad but absolute limits, energy can be converted from one form to another or transported from one place to another, or both, but that the total energy remains a constant. This 1st Law of Thermodynamics is taught earlier in the curriculum from its namesake, thermodynamics. In fact, most introductory statics and dynamics courses do teach some form of the conservation of energy, but usually call it “energy methods.” The plural form “energy methods” indicates that there is more than one, which can be readily observed in most statics and dynamics textbooks. Unfortunately, these methods are only special-cases of the conservation of energy principle. At no time, however, in any statics and dynamics textbook that we have seen, is the full conservation of energy principle utilized, which is unfortunate for reasons of consistency and continuity in the curriculum. It is the intent of this paper to show, through an example, that the same basic form of the conservation of energy can and should be utilized throughout the curriculum, starting with basic statics and dynamics and progressing into thermodynamics and the rest of the curriculum. This would indeed help student comprehension and retention of this very important principle in implication and application.
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Gabbai, Rene D., and Haym Benaroya. "Hamilton’s Principle for Fluid-Structure Interaction and Applications to Reduced-Order Modeling." In ASME 2005 International Design Engineering Technical Conferences and Computers and Information in Engineering Conference. ASMEDC, 2005. http://dx.doi.org/10.1115/detc2005-84145.

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A general framework based on the extended Hamilton’s principle for external viscous flows is presented. The indicated method is shown to yield the correct governing equations and boundary conditions when applied to the problem (herein called the “model problem”) of vortex-induced oscillations of an elastically-mounted rigid circular cylinder with a transverse degree-of-freedom. The vortex shedding is assumed to be sufficiently correlated along the span of the cylinder that the flow can be taken as nominally two-dimensional. The incoming flow is assumed to be incompressible, steady, and uniform. The continuity equation results directly from the global mass balance law, thus avoiding its introduction via a Lagrange multiplier. The true strength of this framework lies in the fact that it represents a physically sound basis from which reduced-order models can be obtained. Some preliminary work on this reduced-order modeling applied to the model problem is described.
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Liu, Yabei, and Huafeng Lu. "Study on the Application of the Green Principle in the General Provisions of the Civil Law From the Perspective of Sustainable Development Strategy of Energy Resource." In Proceedings of the International Conference on Contemporary Education, Social Sciences and Ecological Studies (CESSES 2018). Paris, France: Atlantis Press, 2018. http://dx.doi.org/10.2991/cesses-18.2018.212.

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Dusic, M., F. D’Auria, A. Petruzzi, L. M. C. Dutton, H. Glaeser, B. Mavko, and F. Pelayo. "IAEA SSG-2: Deterministic Safety Analysis for NPP." In ASME 2010 3rd Joint US-European Fluids Engineering Summer Meeting collocated with 8th International Conference on Nanochannels, Microchannels, and Minichannels. ASMEDC, 2010. http://dx.doi.org/10.1115/fedsm-icnmm2010-31285.

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Regulating safety is a national responsibility. However, radiation risks may transcend national borders, and international cooperation serves to promote and enhance safety globally by exchanging experience and by improving capabilities to control hazards, to prevent accidents, to respond to emergencies and to mitigate any harmful consequences. International safety standards provide support for States in meeting their obligations under general principles of international law, such as those relating to environmental protection. The objective of the Safety Guide SSG-2 “Deterministic Safety Analysis for Nuclear Power Plants (NPP)” is to provide harmonized guidance to designers, operators, regulators and providers of technical support on deterministic safety analysis for nuclear power plants.
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Srivastava, Jayesh, and L. H. Shu. "Encouraging Environmentally Conscious Behaviour Through Product Design: The Principle of Discretization." In ASME 2011 International Design Engineering Technical Conferences and Computers and Information in Engineering Conference. ASMEDC, 2011. http://dx.doi.org/10.1115/detc2011-48618.

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Lead user methods were applied to develop product design principles that encourage environmentally conscious behaviours in individuals. Old Order Mennonites (OOMs) were chosen as lead users because of their low resource consumption lifestyles. Ethnographic analysis revealed that discretizing resource consumption facilitates and encourages conservation behaviours in OOMs. An experimental study demonstrated the effectiveness of discretization in reducing water consumption. We postulate several distinct ways in which discretization encourages conservation behaviours. We conclude with insights on how discretization can be integrated into the design of modern products to encourage environmentally conscious behaviour in the general population.
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Reports on the topic "General principle of international law"

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Idris, Iffat. LGBT Rights and Inclusion in Small Island Developing States (SIDS). Institute of Development Studies (IDS), February 2021. http://dx.doi.org/10.19088/k4d.2021.067.

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This review looks at the extent to which LGBT rights are provided for under law in a range of Small Island Developing States (SIDS), and the record on implementation/enforcement, as well as approaches to promote LGBT rights and inclusion. SIDS covered are those in the Caribbean, Pacific, and Atlantic-Indian Ocean-South China Sea (AIS) regions. The review draws on a mixture of grey literature (largely from international development agencies/NGOs), academic literature, and media reports. While the information on the legal situation of LGBT people in SIDS was readily available, there was far less evidence on approaches/programmes to promote LGBT rights/inclusion in these countries. However, the review did find a number of reports with recommendations for international development cooperation generally on LGBT issues. Denial of LGBT rights and discrimination against LGBT people is found to varying extents in all parts of the world. It is important that LGBT people have protection in law, in particular the right to have same-sex sexual relations; protection from discrimination on the grounds of sexual orientation; and the right to gender identity/expression. Such rights are also provided for under international human rights conventions such as the Universal Declaration of Human Rights, while the Sustainable Development Goals are based on the principle of ‘leave no one behind'.
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Jones, Nicole S. 2018 Impression, Pattern and Trace Evidence Symposium. RTI Press, May 2018. http://dx.doi.org/10.3768/rtipress.2018.cp.0006.1805.

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From January 22 to 25, 2018, RTI International, the National Institute of Justice (NIJ) and the Forensic Technology Center of Excellence (FTCoE) held the 2018 Impression, Pattern and Trace Evidence Symposium (IPTES) in Arlington, VA, to promote collaboration, enhance knowledge transfer, and share best practices and policies for the impression, pattern, and trace evidence forensic science communities. NIJ and FTCoE are committed to improving the practice of forensic science and strengthening its impact through support of research and development, rigorous technology evaluation and adoption, effective knowledge transfer and education, and comprehensive dissemination of best practices and guidelines to agencies dedicated to combating crime. The future of forensic sciences and its contribution to the public and criminal justice community is a motivating topic to gather expertise in a forum to discuss, learn, and share ideas. It’s about becoming part of an essential and historic movement as the forensic sciences continue to advance. The IPTES was specifically designed to bring together practitioners and researchers to enhance information-sharing and promote collaboration among the impression, pattern, and trace evidence analysts, law enforcement, and legal communities. The IPTES was designed to bring together practitioners and researchers to enhance information sharing and promote collaboration among impression, pattern, and trace evidence analysts, law enforcement, and legal communities. This set of proceedings comprises abstracts from workshops, general sessions, breakout sessions, and poster presentations.
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Saha, Amrita, Jodie Thorpe, Keir Macdonald, and Kelbesa Megersa. Linking Business Environment Reform with Gender and Inclusion: A Study of Business Licensing Reform in Indonesia. Institute of Development Studies (IDS), January 2021. http://dx.doi.org/10.19088/k4d.2021.001.

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Business environment reform (BER) targets inadequate business regulations. It is intended to remove constraints to business investment, enabling growth and job creation, and create opportunities for international business to contribute to and benefit from this growth. However, there is a lack of detailed knowledge of the impact of BER on gender and inclusion (G&I). While a review of existing literature suggests that in general, there is no direct link between BER and G&I, indirect links are likely through the influence of BER on firm performance. Outcomes will be influenced by the differential ways in which women-led firms experience the business environment when compared to their male counterparts, with disparities based on how they are treated under the law, as well as structural and sociocultural factors. The fact that in many countries, female-led firms are fewer and smaller than those of their male counterparts, and may operate in different sectors, also affects these dynamics. This research offers new insights through an in-depth analysis of the impact of the Pelayanan Terpadu Satu Pintu (PTSP) or one-stop shop business licensing reform in 2009 on firm performance in Indonesia, and how these impacts vary based on the gender of firm leadership. The results find that on average, firms benefited from improved business performance (sales), as a direct or indirect effect of this reform, as well as an increase in the number of medium and large-scale firms. Outside Jakarta (Bali, Banten, Lampung), women-led firms experienced a small but significant benefit relative to male-led firms, related to both sales and the number of medium and large-scale firms they run. In Jakarta, women-led firms continued to lag behind men and there were no significant effects on employment, and this held across province and gender. These findings are based on an analysis of the PTSP reform using data from the World Bank Enterprise Survey (WBES), a survey of small, medium and large firms (i.e. with more than four employees) which took place in Indonesia between 2009 and 2015.
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