Precedents as Rules and Practice

2021 ◽  
Keyword(s):  
Legal Practice ◽  
International Courts ◽  
Binding Effect ◽  
Legal Perspective ◽  
Legal Precedent ◽  
Recent Developments ◽  
Legal Outcomes ◽  
Legal Methodology

What is a legal precedent? How are precedents formed and how do they shape legal outcomes? Over the last decades, a number of studies have appeared that take a socio-legal perspective on the practices of the use of precedents by national and international courts and that have both renewed and extended previous doctrinal discussions on the topic. Based on a conference, this edited volume brings together contributions with different approaches to the study of precedents as both “rules” and “practice”. Rather than studying the binding effect of precedent, the chapters investigate the various conditions of its formation, its forms, and its functions. In so doing, they employ a broad range of methods and add new perspectives to the discussion. Thus, the book not only offers, inter alia, an exploration of the legal actors of precedents and their environment but also gives insights into recent developments in legal methodology for using and studying precedents that is relevant for legal practice and academia alike.

Typology of armed conflicts in international humanitarian law: legal concepts and actual situations

2009 ◽  
Vol 91 (873) ◽  
pp. 69-94 ◽  
Author(s):  
Sylvain Vité
Keyword(s):  
Armed Conflict ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Legal Practice ◽  
Legal Regime ◽  
Recent Developments ◽  
Definition Of ◽  
Legal Concepts

AbstractAlthough international humanitarian law has as its aim the limitation of the effects of armed conflict, it does not include a full definition of those situations which fall within its material field of application. While it is true that the relevant conventions refer to various types of armed conflict and therefore afford a glimpse of the legal outlines of this multifaceted concept, these instruments do not propose criteria that are precise enough to determine the content of those categories unequivocally. A certain amount of clarity is nonetheless needed. In fact, depending on how the situations are legally defined, the rules that apply vary from one case to the next. By proposing a typology of armed conflicts from the perspective of international humanitarian law, this article seeks to show how the different categories of armed conflict anticipated by that legal regime can be interpreted in the light of recent developments in international legal practice. It also reviews some actual situations whose categorization under existing legal concepts has been debated.

scholarly journals Between Elite Interests and Pro-Poor Resistance: The Nigerian Courts and Labour-Led Anti-Fuel Price Hike Struggles (1999–2007)

2010 ◽  
Vol 54 (1) ◽  
pp. 95-118
Author(s):  
Obiora Chinedu Okafor
Keyword(s):  
Fuel Price ◽  
Fuel Prices ◽  
Legal Perspective ◽  
Legal Precedent ◽  
Price Hike ◽  
Nigerian Government ◽  
The Government ◽  
Movement Tendency ◽  
Political Leverage

AbstractBetween 1999 and 2007, a popular Labour-led movement led a pro-poor struggle to resist the fuel price hike policy of the Nigerian government. Waged in the context of the poverty in which nearly 70 per cent of Nigerians lived, the operation of powerful incentives to raise fuel prices, and Labour's extraordinary socio-political leverage, these struggles triggered much government frustration. One of the strategies adopted by the government to legitimize its attempt to repress the movement was to resort to the courts. This article analyses, from a socio-legal perspective, the key cases relating to the validity of the government's attempts to repress the struggles. The article concludes that, although both pro- and anti-movement trends can be observed in the jurisprudence, the anti-movement tendency having so far prevailed in terms of formal legal precedent, the pro-movement (ie pro-poor) decisions have, as a result of their massive popular legitimacy, actually functioned as the “living law.”

Property Law 2018-2019

2018 ◽  
Author(s):  
Robert Abbey ◽  
Mark Richards
Keyword(s):  
Practical Experience ◽  
Property Law ◽  
Tax Rates ◽  
Legal Practice ◽  
Complex Processes ◽  
Recent Developments ◽  
Land Transaction ◽  
Practical Guidance ◽  
Transaction Tax ◽  
Shared Ownership

Property Law is a companion that guides through the intricacies of the conveyancing process. Drawing on practical experience of legal practice, with a residential and a commercial conveyancing focus, the volume offers explanations of often complex processes. The title contains practical guidance on how to approach each stage of a conveyancing transaction in practice. This edition has been fully updated with recent developments in the law, including discussion of ‘Help to buy’ shared ownership schemes, coverage of the Land Transaction Tax, and updated tax rates and chargeable amounts for enveloped dwellings.

Ownership and the Articulation of Slave Status in Greek and Near Eastern Legal Practice

2018 ◽  
Author(s):  
David M. Lewis
Keyword(s):  
Case Studies ◽  
Theoretical Approach ◽  
Global Perspective ◽  
Comparative Perspective ◽  
Legal Practice ◽  
Near Eastern ◽  
Definition Of ◽  
Legal Methodology

This chapter reviews the various approaches scholars have taken to defining slavery in a global perspective. It proceeds to set out a legal methodology for understanding slave status in comparative perspective. It engages with several critiques of this approach, showing how they are misplaced and reaffirming the importance of legal ownership to the definition of slavery. Two case studies are provided to give empirical confirmation of this theoretical approach, showing how this legal methodology aligns with slaving practices in Athens and Babylonia. It finishes with some general remarks on the importance of observing sociolegal practices empirically rather than beginning and ending with abstract definitions and formal statutes.

Recent Developments in Austrian Asylum Law: A Race to the Bottom?

2016 ◽  
Vol 17 (6) ◽  
pp. 949-966 ◽  
Author(s):  
Wolfgang Benedek
Keyword(s):  
Rule Of Law ◽  
Asylum Seekers ◽  
Legal Analysis ◽  
Race To The Bottom ◽  
Internal Security ◽  
The Rule Of Law ◽  
Upper Limit ◽  
Asylum Law ◽  
Legal Perspective ◽  
Recent Developments

The Austrian asylum policy is shifting from a showcase of support to asylum seekers to one of the most restrictive in Europe. Recent amendments to the asylum law are due to the massive influx of asylum seekers in 2015/2016 as a result of which Austria has accepted the second largest number of asylum seekers per capita in Europe. The Austrian government first responded by setting an upper limit of asylum applications from 2016 and then by creating the possibility of suspending its obligations under international and European asylum law. Both measures are legally doubtful and based on the assumption that if the upper limit is met this may threaten the maintenance of public order and the protection of internal security, which is not possible to prove. The contribution provides a legal analysis of the recent legal developments in Austrian asylum law, which are reviewed from the perspective of international and European asylum law as well as human rights. It concludes that the Austrian measures are part of a race to the bottom of European countries with the purpose of keeping refugees away. They cannot be justified from a legal perspective and create a threat to the respect for the rule of law.

Sharing Responsibility for un Targeted Sanctions

2015 ◽  
Vol 12 (2) ◽  
pp. 427-447 ◽  
Author(s):  
Antonios Tzanakopoulos
Keyword(s):  
Human Rights ◽  
Security Council ◽  
International Organizations ◽  
International Courts ◽  
Normative Power ◽  
Recent Developments ◽  
International Obligations ◽  
International Responsibility ◽  
Sharing Responsibility ◽  
Operational Capacity

International organizations often lack operational capacity, but may command significant normative power over States. By contrast, States have organs with significant operational capacity. Adoption of sanctions by the un Security Council under Chapter vii of the un Charter would remain a dead letter without enlisting the capacity of States to implement these measures on the ground. The un and its member States may thus both contribute to a single harmful outcome when sanctions are wrongful. International responsibility for this is shared in practice, as demonstrated by recent developments in domestic and regional international courts: States are held responsible by domestic or regional international courts, and are forced to disobey the Security Council in order to comply with their human rights obligations. In turn, the States put pressure on the Security Council to reform the offending regime, forcing the un to comply with its own international obligations.

Property Law 2017-2018

2017 ◽  
Author(s):  
Robert Abbey ◽  
Mark Richards
Keyword(s):  
Practical Experience ◽  
Property Law ◽  
Tax Rates ◽  
Legal Practice ◽  
Complex Processes ◽  
Recent Developments ◽  
Land Transaction ◽  
Practical Guidance ◽  
Transaction Tax ◽  
Shared Ownership

Property Law is a companion that guides through the intricacies of the conveyancing process. Drawing on practical experience of legal practice, with a residential and a commercial conveyancing focus, the volume offers explanations of often complex processes. The title contains practical guidance on how to approach each stage of a conveyancing transaction in practice. This edition has been fully updated with recent developments in the law, including discussion of ‘Help to buy’ shared ownership schemes, coverage of the Land Transaction Tax, and updated tax rates and chargeable amounts for enveloped dwellings.

Borkowski's Textbook on Roman Law

2020 ◽  
Author(s):  
Paul J. du Plessis
Keyword(s):  
Historical Context ◽  
Roman Law ◽  
Legal Practice ◽  
Legal Doctrine ◽  
Sixth Edition ◽  
Wide Range ◽  
Recent Developments ◽  
Key Topics ◽  
The Law ◽  
The Impact

Course-focused and comprehensive, Borkowski’s Textbook on Roman Law provide an accessible overview of the key areas on the law curriculum. Borkowski’s Textbook on Roman Law provides an account of Roman private law and civil procedure, with coverage of all key topics, including the Roman legal system, and the law of persons, property, and obligations. The text sets the law in its social and historical context, and demonstrates the impact of Roman law on our modern legal systems. For the sixth edition, the text has been comprehensively reviewed and references to a wide range of scholarly texts have been included, to ground the account of Roman law firmly in contemporary scholarship. Examples from legal practice have been added where these illuminate legal doctrine. The text has been updated to reflect current scholarly opinions. References to the latest legal scholarship on Roman law have been included to reflect the most recent developments in the field.

Developments in Maritime Delimitation Law over the Last Decade: Emerging Principles in Modern Case Law

2020 ◽  
Vol 57 ◽  
pp. 156-222
Author(s):  
YUNUS EMRE ACIKGONUL ◽  
EDWARD R. LUCAS
Keyword(s):  
Case Law ◽  
The United States ◽  
Detailed Examination ◽  
International Courts ◽  
Applicable Law ◽  
Maritime Boundary ◽  
State Practice ◽  
Recent Developments ◽  
Maritime Boundary Delimitation

AbstractThe delimitation of maritime boundaries is a complex and multifaceted process with legal and technical aspects. The process involves the determination of a maritime boundary in a situation where two or more states are confronted with overlapping titles. In the absence of any precise rules in treaty law and established customary rules based on state practice, it has been left to the jurisprudence of international courts and tribunals to develop the applicable law of maritime boundary delimitation. This article provides a detailed examination of the complex and multifaceted processes involved in maritime delimitation law. In doing so, it highlights recent developments in the field, with an emphasis on the emerging principles of “non-cut-off” and “non-distortion.” The article also analyzes the crystalizing rules on delimitation beyond 200 nautical miles and questions the applicability of these rules to the ongoing maritime boundary dispute between Canada and the United States in the Beaufort Sea.

Sign in / Sign up

Export Citation Format

Share Document