Log in

Relevant bibliographies by topics / The principle of deliberation in law-making / Books

To see the other types of publications on this topic, follow the link: The principle of deliberation in law-making.

Books on the topic 'The principle of deliberation in law-making'

Author: Grafiati

Published: 2 June 2025

Last updated: 31 July 2025

Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles

Select a source type:

Consult the top 50 books for your research on the topic 'The principle of deliberation in law-making.'

Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.

You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.

Browse books on a wide variety of disciplines and organise your bibliography correctly.

1

Haritz, Miriam. An inconvenient deliberation: The precautionary principle's contribution to the uncertainties surrounding climate change liability. Kluwer Law International, 2011.

Find full text

APA, Harvard, Vancouver, ISO, and other styles

2

Marr, Simon. Precautionary principle in the law of the sea: Modern decision making in international law. Martinus Nijhoff, 2001.

Find full text

APA, Harvard, Vancouver, ISO, and other styles

3

Marr, Simon. The precautionary principle in the law of the sea: Modern decision making in international law. Martinus Nijhoff, 2003.

Find full text

APA, Harvard, Vancouver, ISO, and other styles

4

Erben, Cosima. Das Vorsorgegebot im Völkerrecht. Duncker & Humblot, 2005.

Find full text

APA, Harvard, Vancouver, ISO, and other styles

5

Eu Law-Making in Principle and Practice. Taylor & Francis Group, 2014.

Find full text

APA, Harvard, Vancouver, ISO, and other styles

6

Best, Edward. EU Law-Making in Principle and Practice. Taylor & Francis Group, 2014.

Find full text

APA, Harvard, Vancouver, ISO, and other styles

7

Briand, Michael K. Beyond Liberalism. Praeger, 2019. http://dx.doi.org/10.5040/9798400618000.

Full text

Abstract:

This book shows how the United States can begin dealing with the most difficult and intractable political issues that afflict liberal democracy today: by initiating an inclusive public practice of ethical dialogue and deliberation. Beyond Liberalism argues that there is a flaw in liberalism: the doctrine of individualism. Specifically, the defect consists in two distinct ideas: “atomism” and “subjectivism.” These ideas underpin the “principle of freedom,” which is our default method for making personal choices and resolving interpersonal disagreements but contains no standard for determining w

APA, Harvard, Vancouver, ISO, and other styles

8

Meron, Theodor. Standing Up for Justice. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198863434.001.0001.

Full text

Abstract:

This book discusses international criminal justice. While many books on this topic have focused on crimes and procedures, this book deals with process and the judicial function, the rule of law and the principle of fairness in trying atrocity crimes, genocide, crimes against humanity and war crimes. It studies judicial independence and impartiality in international criminal courts, shedding light on the mystery of judicial decision-making and deliberations. Notably, the book addresses the controversial subjects of acquittals and the early release of prisoners. While acquittals are often seen a

APA, Harvard, Vancouver, ISO, and other styles

9

Martí, José Luis. Sources and the Legitimate Authority of International Law. Edited by Samantha Besson and Jean d’Aspremont. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198745365.003.0035.

Full text

Abstract:

This chapter considers that political philosophers in recent years are paying growing attention to the legitimacy of international law and international institutions and are asking who has the right to rule and adequate standing to create international laws, and how. It attempts to contribute to this debate in normative political philosophy through the more specific lens of democratic legitimacy. After presenting certain conceptual clarifications, the chapter identifies three basic principles of democratic legitimacy: the principle of ultimate popular control, the principle of democratic equal

APA, Harvard, Vancouver, ISO, and other styles

10

Solidarity in EU Law: Legal Principle in the Making. Elgar Publishing Limited, Edward, 2018.

Find full text

APA, Harvard, Vancouver, ISO, and other styles

11

Deliberation and Decision: Economics, Constitutional Theory and Deliberative Democracy (Law, Ethics and Economics). Ashgate Publishing, 2004.

Find full text

APA, Harvard, Vancouver, ISO, and other styles

12

(Editor), Judith S. Jones, and Rene Von Schomberg (Editor), eds. Implementing the Precautionary Principle: Perspectives And Prospects. Edward Elgar Publishing, 2006.

Find full text

APA, Harvard, Vancouver, ISO, and other styles

13

Critically Ill Children and the Law: Medical Decision-Making and the Best Interests Principle. Routledge, Chapman & Hall, Incorporated, 2023.

Find full text

APA, Harvard, Vancouver, ISO, and other styles

14

Critically Ill Children and the Law: Medical Decision-Making and the Best Interests Principle. Taylor & Francis Group, 2023.

Find full text

APA, Harvard, Vancouver, ISO, and other styles

15

Critically Ill Children and the Law: Medical Decision-Making and the Best Interests Principle. Taylor & Francis Group, 2023.

Find full text

APA, Harvard, Vancouver, ISO, and other styles

16

Burris, Scott, Micah L. Berman, Matthew Penn, and, and Tara Ramanathan Holiday. Ethics in Transdisciplinary Practice. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190681050.003.0004.

Full text

Abstract:

This chapter defines the three basic meanings of ethics: as a way of defining the “Good,” as a set of basic principles that emerge from ethical deliberation, and as a way of establishing standards to interact with professionals outside a given field. The chapter explores professional ethical codes from law, medicine, and public health and identifies ways in which ethics are supported or enforced through law.

APA, Harvard, Vancouver, ISO, and other styles

17

Vasiliou, Iakovos. Varieties of Happiness. Oxford University PressNew York, NY, 2025. https://doi.org/10.1093/9780197645093.001.0001.

Full text

Abstract:

Abstract Almost all scholars maintain that ancient Greek ethical theory operates within a “eudaimonist framework.” This book critically examines what it is for an ethical theory to be eudaimonist and how and to what extent this makes an ethical theory distinct. Plainly, if a theory is eudaimonist, then the notion of eudaimonia (happiness) must play a crucial role. This book argues, however, that although it is true that ancient philosophers discuss eudaimonia frequently, it is far less clear that it plays a role in their ethical theories such that it makes for a distinctive kind of theory. In

APA, Harvard, Vancouver, ISO, and other styles

18

Gabrielle, Kaufmann-Kohler, and Rigozzi Antonio. 6 The Proceedings before the Arbitral Tribunal. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780199679751.003.0006.

Full text

Abstract:

This chapter considers how arbitral proceedings unfold once the tribunal is constituted (as discussed in chapter 4), up until the deliberation phase (which is addressed in chapter 7). It starts by identifying the rules that govern the conduct of arbitral proceedings and then examines the interaction between those rules, before describing, by reference to current best practices, the different steps in a ‘standard’ international arbitration. The discussion illustrates, in particular, the articulation between fundamental principles of due process and the parties’ autonomy and arbitrators’ powers

APA, Harvard, Vancouver, ISO, and other styles

19

Gabrielle, Kaufmann-Kohler, and Rigozzi Antonio. 7 The Law Applicable to the Merits and the Award. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780199679751.003.0007.

Full text

Abstract:

Before describing the main features of an award, this chapter discusses the determination of the law governing the merits of the dispute or lex causae. It considers the role of party autonomy in this respect and examines the scope and content of the potentially applicable substantive laws that may be chosen by the parties or selected by arbitral tribunals, from national laws to transnational rules of law (the so-called lex mercatoria) over trade usages and ex aequo et bono principles. It also discusses the relevance and impact of international public policy and overriding or internationally ma

APA, Harvard, Vancouver, ISO, and other styles

20

Marr, Simon. The Precautionary Principle in the Law of the Sea: Modern Decision Making in International Law (Publications on Ocean Development). Kluwer Law International, 2003.

Find full text

APA, Harvard, Vancouver, ISO, and other styles

21

Implementing the precautionary principle: Perspectives and prospects. Edward Elgar, 2006.

Find full text

APA, Harvard, Vancouver, ISO, and other styles

22

Nascimento, Fernando. Digital Poetics. Bloomsbury Academic, 2025. https://doi.org/10.5040/9781978748491.

Full text

Abstract:

Drawing on Paul Ricoeur's narrative theory and ethics, Fernando Nascimento argues for a new approach to integrating ethics into digital technology development, use, and regulation. This book introduces the concept of "digital poetics" to address the unprecedented ethical challenges posed by ubiquitous, intimate, and plastic digital technologies. Nascimento proposes narrative deliberation as a framework for ethical decision-making, contextualizing moral principles, encouraging public debate, intertwining technique with ethics, and employing narrative imagination to overcome practical dilemmas.

APA, Harvard, Vancouver, ISO, and other styles

23

How to be French: Nationality in the making since 1789. Duke University Press, 2008.

Find full text

APA, Harvard, Vancouver, ISO, and other styles

24

Wagner, Andreas. Alberico Gentili. Oxford University Press, 2017. http://dx.doi.org/10.1093/acprof:oso/9780198768586.003.0006.

Full text

Abstract:

This chapter argues that the theory of international law offered by Alberico Gentili is marked by a delicate, if not confusing, combination of the two principles of equal and unrestrained sovereignty of states, on the one hand, and of an international legal integration grounded on natural law, on the other. It suggests that Gentili does not provide the conceptual resources to establish—as a necessary component of international law’s procedures, or at least as an aim—a forum to prevent the law from only ever working to the benefit of the powerful. There is no conceptual, let alone institutional

APA, Harvard, Vancouver, ISO, and other styles

25

Alexandrova, Anna. Can the Science of Well-Being Be Objective? Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780199300518.003.0004.

Full text

Abstract:

As an object of science, well-being is unusual in that its study relies on a normative standard. Even when the requisite theory justifying this standard is available, deep disagreements about values can surface. These disagreements seem to undermine the claim of this science to objectivity. This is one reason why philosophers of science have traditionally advocated value freedom. This chapter proposes the notion of a ‘mixed claim’ to denote scientific hypotheses that rely on both factual and normative categories. It argues against the advocates of value freedom, that mixed claims should not be

APA, Harvard, Vancouver, ISO, and other styles

26

Hogarth, Terence, and Lynn Gambin. Who Pays for Skills? Edited by John Buchanan, David Finegold, Ken Mayhew, and Chris Warhurst. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780199655366.013.31.

Full text

Abstract:

Debates about the need to increase investments in education and training in order to improve overall national economic performance quickly result in deliberations about who should pay for those investments. If it is the individual or the employer who are the principal beneficiaries, then there is an expectation that they should share the cost of the investment proportionate to the benefit they obtain. There are, however, a number of barriers which prevent employers and individuals making optimum levels of investment which inevitably means that the State needs to step into the breach. This chap

APA, Harvard, Vancouver, ISO, and other styles

27

Swaine, Lucas. Ethical Autonomy. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780190087647.001.0001.

Full text

Abstract:

This book examines the importance of personal autonomy for democratic citizenship and for good lives. It charts the evolution of autonomy and analyzes the proliferation of autonomy in free societies. The book pinpoints serious deficiencies in received ideals of autonomy for individual persons. It delivers an extended critique of personal autonomy, noting the excessive openness and lack of moral structure that personal autonomy provides. It elaborates an argument in favor of ethical autonomy, an alternative kind of autonomy that integrates individual self-rule with moral character. Ethical auto

APA, Harvard, Vancouver, ISO, and other styles

28

Ashdown, Michael. Trustee Decision Making. Oxford University Press, 2015. http://dx.doi.org/10.1093/oso/9780198727316.001.0001.

Full text

Abstract:

The book provides analysis of the principal rules of trust law which control the exercise of powers and discretions by trustees. The primary focus is on the principle known as "the Rule in Re Hastings-Bass", and this is considered alongside the doctrines of fraud on a power and mistake. This is the first book-length treatment focussed on this specific aspect of trust law, and in particular the first on the Rule in Re Hastings-Bass, which is the subject of much professional and academic interest especially following consideration by the Supreme Court in Pitt v Holt and Futter v Futter [2013] UK

APA, Harvard, Vancouver, ISO, and other styles

29

Fach Gómez, Katia, and Catharine Titi, eds. The Award in International Investment Arbitration. Oxford University PressOxford, 2024. http://dx.doi.org/10.1093/9780191975936.001.0001.

Full text

Abstract:

Abstract The Award in International Investment Arbitration is an unparalleled comprehensive study of the international investment award, whose aim is to serve as a unique reference work and an authoritative one-stop resource on the topic for both practitioners and academics. The book is interested in the award in a holistic manner: from award drafting to the procedural principles that govern it; from arbitral deliberations and tribunal dynamics to post-award challenges; from the role of gender in decision-making to the impact of tribunal secretaries. Rigorously written from an academic perspec

APA, Harvard, Vancouver, ISO, and other styles

30

Bean, Hamilton. No More Secrets. ABC-CLIO, LLC, 2011. http://dx.doi.org/10.5040/9798400691799.

Full text

Abstract:

This in-depth analysis shows how the high stakes contest surrounding open source information is forcing significant reform within the U.S. intelligence community, the homeland security sector, and among citizen activists. Since 9/11, U.S. intelligence organizations have grappled with the use of "open source" information derived from unclassified material, including international newspapers, television, radio, and websites. They have struggled as well with the idea of sharing information with international and domestic law enforcement partners. The apparent conflict between this openness and th

APA, Harvard, Vancouver, ISO, and other styles

31

Albert, Richard, and Richard Stacey, eds. The Limits and Legitimacy of Referendums. Oxford University Press, 2022. http://dx.doi.org/10.1093/oso/9780198867647.001.0001.

Full text

Abstract:

This innovative and timely book explores how referendums manage the tension between liberalism and democracy, and whether this decision-making device holds promise for reconciling these two commitments. Featuring an outstanding cast of scholars from around the world, the contributors expose how referendums may be abused on one hand to achieve short-term political or even personal gains, and how, on the other, they may aspire to reflect the best traditions of deliberative, inclusive, democracy-enhancing popular choice. The possibility of democracy-enhancing uses and anti-democratic abuses of re

APA, Harvard, Vancouver, ISO, and other styles

32

Mitsilegas, Valsamis. Transnational Criminal Law and the Global Rule of Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190848194.003.0003.

Full text

Abstract:

Over the past three decades many regulatory measures aimed at countering transnational crime have been adopted. This article maps the development of these measures and examines their relationship with the ‘global rule of law’. The article is structured on the basis of a typology of production of transnational criminal law norms and examines the production and implementation of transnational criminal law via: ‘hard law’ global multilateral conventions; regionalism, focusing on the work of the Council of Europe; ‘soft’ or ‘informal’ law, focusing on the Financial Action Task Force; ‘global admin

APA, Harvard, Vancouver, ISO, and other styles

33

Greg, Fullelove. Part VIII Arbitrators’ Decision-Making Power and Arbitral Tribunals’ Cessation of Functions, 24 Functus Officio? Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198783206.003.0025.

Full text

Abstract:

This chapter examines the meaning of the principle of functus officio. The expression is used to refer to the point when the arbitral tribunal has discharged its duty in full and can no longer act. This point is generally held to be when the tribunal has concluded all matters with which it has jurisdiction to deal pursuant to a particular arbitration agreement. But while the principle itself may be superficially straightforward, its scope and application in certain cases have raised issues. The chapter asks: When can the tribunal be sure that its mandate is complete, i.e. officio functus est?

APA, Harvard, Vancouver, ISO, and other styles

34

Verdier, Pierre-Hugues, and Mila Versteeg. International Law in National Legal Systems. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190697570.003.0010.

Full text

Abstract:

International legal scholars have long recognized the importance of the relationship between international law and domestic legal systems. This chapter draws upon a new data set, which covers 101 countries for the period 1815–2013 and records specific features of national approaches to international law, including treaty-making procedures, the status of treaties in domestic law, and the reception of customary international law. The chapter finds that national legal systems have become more likely to give treaties direct effect and hierarchical superiority over domestic law, but at the same tim

APA, Harvard, Vancouver, ISO, and other styles

35

Postema, Gerald. Bentham and the Common Law Tradition. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198793052.001.0001.

Full text

Abstract:

This work explores the relationship between Bentham's utilitarian practical philosophy and his positivist jurisprudence. These theories appear to be in tension because his utilitarian commitment to the sovereignty of utility as a practical decision principle seems inconsistent with his positivist insistence on the sovereignty of the will of the lawmaker. Two themes emerge from the attempt in this work to reconcile these two core elements of Bentham's practical thought. First, Bentham's conception of law does not fit the conventional model of legal positivism. Bentham was not just a utilitarian

APA, Harvard, Vancouver, ISO, and other styles

36

Grover, Sonja C. Human Dignity as the Foundation for the Democratic Rule of Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190923846.003.0011.

Full text

Abstract:

The notion of human dignity has in recent years come under attack from sectors of the interdisciplinary and legal academic community as vacuous and of little or no utility in judicial reasoning. This author holds instead that human dignity is the sine qua non of all human life and correlated with certain inviolable human rights that speak to human beings as other than property, as having legal personality and the right to be heard. The notion of human dignity then serves, it is argued here, as essential guidance in judicial reasoning on issues of individual and group fundamental human rights.

APA, Harvard, Vancouver, ISO, and other styles

37

Roger S, Clark. Part IV The ICC and its Applicable Law, 31 The Crime of Aggression. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198705161.003.0031.

Full text

Abstract:

The crime of aggression was included, in principle, within the jurisdiction of the ICC by the Rome Statute of 1998. Making that jurisdiction operational was, however, left to the First Review Conference on the Court, which took place in Kampala in 2010. This chapter discusses the details of the Kampala Amendments to the Rome Statute, including the Elements of Crime of aggression. It analyses efforts to obtain sufficient ratifications of the amendments to bring them into force, as well as the implementation of aggression in domestic legislation. It argues that a State ratifying the Kampala Amen

APA, Harvard, Vancouver, ISO, and other styles

38

Valentina, Cadelo, and Peterson Trudy Huskamp. Part II The Right to Know, C Preservation of and Access to Archives Bearing Witness to Violations, Principle 15 Measures for Facilitating Access to Archives. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198743606.003.0019.

Full text

Abstract:

Principle 15 requires States to adopt measures that facilitate access to archives for victims, persons implicated in human rights violations, and individuals undertaking historical research. Access to records/archives means making them available for consultation as a result both of legal authorization and the existence of finding aids. Authorizing access to archives, particularly those of governments, is a political act. After providing a contextual and historical background on Principle 15, this chapter discusses its theoretical framework as well as its implementation, focusing on how interna

APA, Harvard, Vancouver, ISO, and other styles

39

Michael, Moser, and Bao Chiann. 11 Awards, Decisions, and Orders of the Arbitral Tribunal (Articles 32–40). Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198712251.003.0011.

Full text

Abstract:

This chapter discusses section V of the HKIAC Rules. It provides the framework for making awards, decisions, and orders by the arbitral tribunal in HKIAC arbitrations. It also addresses the costs of arbitration and deposits for such costs. The process of rendering an award under the HKIAC Rules involves the following stages: the closure of hearings, deliberation, the reaching of a decision, the assessment of costs, the rendering of the award, and the transmission of the award. The award will typically comprise the following elements: the identification of the parties, the specification of the

APA, Harvard, Vancouver, ISO, and other styles

40

Nair, Aruna. Rules of Tracing I. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198813408.003.0004.

Full text

Abstract:

This chapter examines the rules that apply when tracing against a wrongdoer, or a recipient from a wrongdoer. It argues that the law employs a principle of subordination of wrongdoers in three distinct contexts. First, there is an evidential principle that sometimes assists a claimant when there are evidential gaps in the transactional history of an asset. Secondly, there is a distinct substantive principle that subordinates the interests, and intentions, of a wrongdoer when entering into transactions that exploit the claimant's legal vulnerability to his decision-making. This principle, limit

APA, Harvard, Vancouver, ISO, and other styles

41

Dame Rosalyn, DBE, QC, Higgins, Webb Philippa, Akande Dapo, Sivakumaran Sandesh, and Sloan James. Part 3 The United Nations: What it Does, 24 Protecting the Environment. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198808312.003.0024.

Full text

Abstract:

The United Nations (UN) has taken action to protect the environment despite the absence of any explicit mention of the environment or its protection in the UN Charter. The UN has ‘played a pivotal role as a framework for developing environmental decision-making’. It has also ‘contributed to many of the principles of environmental law’, including the polluter-pays principle, the notion of common differentiated responsibilities, and the precautionary principle. This chapter discusses the work of the principal organs, including the General Assembly, Security Council, Economic and Social Council,

APA, Harvard, Vancouver, ISO, and other styles

42

Frédéric Gilles, Sourgens, Duggal Kabir, and Laird Ian A. Part II Burden and Standard of Proof in International Investment Arbitration, 3 Shifting the Burden of Evidence. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198753506.003.0003.

Full text

Abstract:

This chapter explains the process of ‘shifting the burden of evidence’, otherwise known as the ‘shifting principle’. This is the proposition which occurs when the party who bears the initial burden puts forward evidence to support its initial claim. Here, the burden of evidence (or alternatively also termed as the ‘burden of production’, ‘burden of persuasion’, or ‘burden of proceeding’) shifts to the other party to rebut the evidence put forward. Shifting the burden of evidence is to be read in conjunction with the burden of proof principle discussed in the previous chapter. This is because i

APA, Harvard, Vancouver, ISO, and other styles

43

Eugénie, Brouillet, and Ryder Bruce. Part IV Federalism, A Federalism in Canada, Ch.19 Key Doctrines in Canadian Legal Federalism. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780190664817.003.0019.

Full text

Abstract:

The division of legislative powers in the Constitution Act, 1867 is the most important textual expression of the federal principle that is at the heart of the Canadian constitutional order. The judiciary has the responsibility of interpreting these provisions and thus of determining the boundaries of the law-making powers of Canadian legislative bodies. In performing this high-stakes task, the courts have developed a rich jurisprudence that draws on text, history, structure, and principle. In recent decades, the Supreme Court has articulated a “modern” or “co-operative” approach that interpret

APA, Harvard, Vancouver, ISO, and other styles

44

Martin, Rex. 32. Rawls. Oxford University Press, 2017. http://dx.doi.org/10.1093/hepl/9780198708926.003.0032.

Full text

Abstract:

This chapter examines the main arguments for John Rawls's ideas about justice. Rawls identified two principles as central to political liberalism: the principle of equal basic rights and liberties, and a principle of economic justice, which stresses equality of opportunity, mutual benefit, and egalitarianism. In Rawls's interpretation, these two principles take place ultimately in an ideal arena for decision-making, which he calls the ‘original position’. In time, Rawls became dissatisfied with this approach and began to reconfigure his theory, moving the focus towards a ‘family’ of liberal pr

APA, Harvard, Vancouver, ISO, and other styles

45

Costanza, Russo. 8 Third Country Cooperation Mechanisms within the Bank Recovery and Resolution Directive: Will they be Effective? Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198754411.003.0008.

Full text

Abstract:

This chapter argues that cooperation and coordination under the Bank Recovery and Resolution Directive (BRRD) may still be suboptimal as states can still prioritize their national interest. By making a distinction between coordination and cooperation it is also argued that while relevant authorities can, in principle, take a joint decision over the willingness to achieve a common goal, they may still act in an uncoordinated way. This may undermine the effectiveness of international supervisory action and in turn financial stability within, and possibly outside, the EU. The chapter reveals the

APA, Harvard, Vancouver, ISO, and other styles

46

Schouten, Ronald, and Kimberly D. Kumer. Informed Consent. Oxford University Press, 2017. http://dx.doi.org/10.1093/med/9780199387106.003.0005.

Full text

Abstract:

The contemporary doctrine of informed consent is one of the most important developments in modern medicine. Informed consent as we know it today is a fundamental principle of medical ethics, an essential aspect of clinical care, and a legal obligation enforced through case law, regulations, and statutes. A new concept when it was adopted in the middle of the 20th century in the United States, it has become an essential part of modern clinical care. This chapter explores the history and development of the doctrine of informed consent, as well as its application in clinical practice. Using a cas

APA, Harvard, Vancouver, ISO, and other styles

47

Peari, Sagi. Choice Pillar II. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190622305.003.0004.

Full text

Abstract:

This chapter evaluates Friedrich Carl von Savigny’s choice-of-law theory, qualifies and extends it. It shows that CEF’s foundational Choice Pillar does not need to be developed from scratch but rather can be exerted through the process of distillation from Savigny’s argument of its Kantian components. The argument in this chapter proceeds through the following three focal points. First, it elaborates on the main aspects of Kantian legal philosophy and demonstrates their presence within Savigny’s scholarship. Second, it evaluates Savigny’s choice of law organizing principle of “voluntary submis

APA, Harvard, Vancouver, ISO, and other styles

48

Hill, Jonathan. 4. Contractual obligations. Oxford University Press, 2016. http://dx.doi.org/10.1093/he/9780198732297.003.0004.

Full text

Abstract:

This chapter deals with contract disputes which have foreign elements that come before the English court: one or both of the parties may be foreign; the making or performance of the contract may be connected with a number of foreign countries. In this type of case which law is the court to apply? The general principle is that every international contract has a governing law — known at common law as the ‘proper law’and under EU law as the ‘applicable law’. Subject to certain limitations, parties to a contract are free to choose the applicable law; if the parties fail to make a choice, the gover

APA, Harvard, Vancouver, ISO, and other styles

49

Annalisa, Ciampi. Part IV Invalidity and Termination of Treaties, 22 Invalidity and Termination of Treaties and Rules of Procedure. Oxford University Press, 2011. http://dx.doi.org/10.1093/acprof:oso/9780199588916.003.0022.

Full text

Abstract:

As a rule, treaties do not come to an end automatically but entitle the injured state or all states parties to the treaty (as the case may be) to plead on the basis thereof the invalidity or termination of a treaty. In principle, therefore, it is up to the discretion of the party(ies) concerned to make the relevant choices. In this respect, no general role of the judiciary can be grounded in specific national provisions, application by analogy of the rules on the treaty-making power, or the courts' power to interpret the applicable law. A customary rule, however, has emerged on the basis of wh

APA, Harvard, Vancouver, ISO, and other styles

50

Dignam, Alan, and John Lowry. 13. Corporate management. Oxford University Press, 2016. http://dx.doi.org/10.1093/he/9780198753285.003.1250.

Full text

Abstract:

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter deals with corporate management, focusing on those individuals who are responsible for making key strategic decisions within the company, namely the members of the board of directors. It begins by tracing the emergence of the professional managerial organ, with emphasis on the separation of ownership and control and the recognition of directorial autonomy. It then considers the relationship between directors and the genera

APA, Harvard, Vancouver, ISO, and other styles

We offer discounts on all premium plans for authors whose works are included in thematic literature selections. Contact us to get a unique promo code!