General Principles of Law and International Due Process (inbunden)
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Format
Inbunden (Hardback)
Språk
Engelska
Antal sidor
304
Utgivningsdatum
2017-04-06
Förlag
OUP USA
Medarbetare
Sobota, Luke A. / University of Pittsburgh School of Law, Center for International Legal Education (CILE) / Schwebel, Stephen M.
Dimensioner
266 x 190 x 25 mm
Vikt
680 g
Antal komponenter
1
ISBN
9780190642709
General Principles of Law and International Due Process (inbunden)

General Principles of Law and International Due Process

Principles and Norms Applicable in Transnational Disputes

Inbunden Engelska, 2017-04-06
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Article 38 of the Statute of the International Court of Justice defines "international law" to include not only "custom" and "convention" between States but also "the general principles of law recognized by civilized nations" within their municipal legal systems. In 1953, Bin Cheng wrote his seminal book on general principles, identifying core legal principles common to various domestic legal systems across the globe. This monograph summarizes and analyzes the
general principles of law and norms of international due process, with a particular focus on developments since Cheng's writing. The aim is to collect and distill these principles and norms in a single volume as a practical resource for international law jurists, advocates, and scholars. The information
contained in this book holds considerable importance given the growth of inter-state intercourse resulting in the increased use of general principles over the past 60 years.
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Caroline Dos Santos, ASA Bulletin This well-structured book provides an up-to-date analysis of general principles and due process, focusing on more recent developments since Bin Cheng's classic work on the topic. ... KOTUBY and SOBOTA illustrate the topic by way of extensive case law analysis issued by national and international tribunals as well as arbitral tribunals. The authors offer comprehensive guidance to practitioners and scholars.


Francisco Gonzlez de Cosso, International Arbitrator Experience teaches that general principles of law mean, in practice, different things to different minds. Common ground on legal axioms is more a presumption than a truth - as pluri-jurisdictional colloquy shows. So when their precise content is nurtured from distilling lessons stemming from the (voluminous) corpus of awards, judgments, and treatises hailing from international adjudication, it is not only guidance which is conferred to arbitrators and advocates
engaged in transnational advocacy, but solace. Such is the achievement of Messrs. Sobota and Kotuby in their learned treatise.


Stephen M. Schwebel This book makes a signal contribution to the progressive development of international law by its searching study of the place of general principles of law in contemporary international arbitration and their relationship to due process of law in international and national proceedings. It proceeds to expound the particulars of salient general principles in depth. It does so with scholarship, insight, and panache. (From the Foreword)


James Crawford, Judge, International Court of Justice This book explores how general principles of law are being applied, providing a timely update to Bin Chengs classic work. It focuses on the application of the principles to private conduct an astute response to the evolution of international process over the past half-century. The result is a work that will benefit both scholars and practitioners.


Pierre-Marie Dupuy, International Arbitrator As said once by Kurt Lewin in another context, 'there is nothing more practical than a good theory'. At a time when the number of international courts and tribunals is increasing, international judges and arbitrators aim to establish their respective decisions on the most universal of grounds; they are more than ever conduced to refer to the fundamental values that bring together positive rules and normative visions. In that respect, Charles Kotuby and Luke Sobota
offer a brilliant, comprehensive, and most useful study on the place and role of general principles of law in contemporary international arbitration in relation to the due process of law as fertilized by comparative and international law.


Dr. Marija Dordeska, S.J.D., LL.M., Transnational Dispute Management Their contribution to the topic of general principles provides a significant step towards the international community's fuller understanding of the basic building blocks that construct i...

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Charles T. Kotuby, Jr. is a partner at Jones Day in Washington D.C. His practice concentrates on litigation concerning foreign sovereigns and commercial and investment arbitration. He is a Fellow of the Chartered Institute of Arbitrators, and has for the past several years been teaching law schoold courses on international arbitration and dispute resolution. He is also a member of the Advisory Board of the Center for International Legal Education at the University of Pittsburgh School of Law, and clerked for Judge Joseph F. Weis of the United States Court of Appeals for the Third Circuit. Luke A. Sobota is a founding partner of the law firm of Three Crowns LLP, which is dedicated to international arbitration and adjudication involving both private and sovereign parties. For the past several years, Luke has taught law school courses on international arbitration and dispute resolution. He previously worked in the Office of Legal Counsel at the U.S. Department of Justice, where he advised and prepared legal opinions for executive branch officials in the areas of constitutional, international, and administrative law. He also clerked for William H. Rehnquist, the late Chief Justice of the U.S. Supreme Court.

Innehållsförteckning

Foreword Acknowledgments Preface I. An Introduction to the General Principles of Law And International Due Process A. The Origin and Evolution of the General Principles of Law 1. Principles That Are General 2. Principles That Are Universal 3. Typical Usage of General Principles 4. Invocations of General Principles B. The Origin and Evolution of International Due Process 1. A Process Grounded in General Principles 2. The Concept of International Due Process 3. Specific Invocations of International Due Process II. Modern Applications of The General Principles of Law A. Good Faith in Contractual Relations 1. Pacta Sunt Servanda: Agreements Must Be Honored 2. Good Faith In Excusing Contractual Performance 3. Good Faith in Remedying Non-Performance B. Abuse of Rights and the Principle of Proportionality 1. The General Prohibition on the Abuse of Rights 2. The Principle of Proportionality C. Estoppel D. The Prohibition on Advantageous Wrongs and Unjust Enrichment E. Corporate Separateness and Limited Liability F. The Principles of Causation and Reparation G. The Principles of Responsibility and Fault III. Modern Application of the Principles of International Due Process A. Notice and Jurisdiction B. Judicial Impartiality and Judicial Independence C. Procedural Equality and the Right to be Heard D. The Prohibition of Corruption and the Nullifying Effect of Fraud: Fraus Omnia Corrumpit E. Evidence and Burdens of Proof G. The Principle of Res Judicata Epilogue Index