Understanding Jurisprudence

Meyerson, Denise

doi:10.4324/9780203867877

Cited by 6 publications

(7 citation statements)

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Section: The Research Methodology and Methodsmentioning

confidence: 99%

“…The research methodology underlying this paper is rooted in positivism (Meyerson, 2009). This theoretical perspective considers that knowledge can be derived from empirical observation (Meyerson, 2009;Hervey et al, 2011). As this constitutes legal research, it is particularly assumed that knowledge can be identified from objective facts, particularly posited law (Meyerson, 2009).…”

Section: The Research Methodology and Methodsmentioning

confidence: 99%

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Preventing the Regulatory Chill of International Investment Law and Arbitration

Alenezi¹

2020

ILR

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International investment law has increasingly come under attack because it does not put host states on par with foreign investors. Foreign investors can evoke broad investment rights and pursue investment arbitration. The threat of substantial arbitral awards can result in host states not enacting policies, regulations, laws or reaching decisions, despite them being needed in order to protect a variety of important public interests. The concern is, therefore, that international investment law, including the investor-state dispute resolution system, causes a regulatory chill. The paper examines how the asymmetric relationship between foreign investors and host states can be remedied, so that trust in international investment law is strengthened and its legitimacy crisis is overcome. One core issue with international investment law is that the customary international minimum standard and its therein subsumed full protection and security, and fair and equitable treatment and compensation principles are inherently vague, thereby contributing to the overprotection of foreign investors. Arbitral cases further highlight how regulatory changes can result in host states incurring liability and thus enable foreign corporations to shift potential costs and risks. International, and national solutions to prevent the regulatory chill of international investment agreements are spelled out.

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Section: The Research Methodology and Methodsmentioning

confidence: 99%

Section: The Research Methodology and Methodsmentioning

confidence: 99%

Preventing the Regulatory Chill of International Investment Law and Arbitration

Alenezi¹

2020

ILR

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“…By the time of death, the testator may change the will at any time, so it is "modifiable" and "no fixed effect", and "capable of producing legal effects on properties obtained after the testament" 7 .…”

Section: The Essential Characteristics Of a Testamentmentioning

confidence: 99%

The Basic Elements of the Testament in the English Legislation

Boșca¹,

Bodea²

2018

AIJJS

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Common Law represents the second biggest contemporary judicial system. Immanent to a historical process which led to the creation of a community, common law represents a form of social solidarity. It is not the result of any social consent to obey a law as much as it is the participation of the society, through its exceptions, to the process of elaborating the law by which it functions. So, society itself is through a sort of syncretism the common law.One the elementary concepts of common law is the doctrine of precedent which functions in parallel with organic laws in order to enhance both the results of judicial cases and the efficiency of the cases. In the English law, the testament is a representation of the wishes of a defunct person and the declaration of that persons wishes in relation to the belongings he wished to pass on after his death.

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“…The free judicial belief is unknown category in the Anglo-Saxon law given the role of the jury. The legal reasoning is especially important as precursor of the adopting decision in certain direction (Veitch, et al, 2007;Meyerson, 2007;Dworkin, 2009 Zlatibor, 18-20.09.2014). In 1979, the prominent Croatian professor Horvatiċ (1979) pointed out that the debate on the penal policy is inappropriate and pointless since the public, politicians, theoreticians, and practitioners have different views, understandings, arguments, and statements regarding some issues which cannot be avoided.…”

Section: The Importance Of the Penal Policymentioning

confidence: 99%

Mandatory Sentencing Guidelines: The Case Of Macedonia

Buzarovska¹,

Tupanceski²,

Mujoska

2016

ESJ

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This study expresses the criticism of recently enacted Law in determining the type and in measuring the severity of sentence. There is flagrant restriction of the free judicial belief due to the necessity in overcoming identified inconsistency in sentencing policy. The judicial system is not resistant to both internal and external pressures and influences. However, those problems cannot be overcome by massive fragmentation of the Criminal Code of the Republic of Macedonia, wide ranges of the sanctions, and by administrative proceedings in the determination of the sanction. New Macedonian law has created mandatory guidelines for every criminal offence by emphasizing previous conviction as the most important circumstances. This is contrary to several Council of Europe recommendations. The authors emphasize that the binding character of the sentencing guidelines should be avoided. According to them, only free judicial belief within the statutory penal framework can ensure the rule of the law and equity.

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Understanding Jurisprudence

Cited by 6 publications

References 0 publications

Preventing the Regulatory Chill of International Investment Law and Arbitration

Preventing the Regulatory Chill of International Investment Law and Arbitration

The Basic Elements of the Testament in the English Legislation

Mandatory Sentencing Guidelines: The Case Of Macedonia

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