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The Judicial Assessment Of Expert Evidence

Author: Déirdre Dwyer
Publisher: Cambridge University Press
ISBN: 052150970X
Size: 27.87 MB
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Deirdre Dwyer examines how a court can decide when to accept an expert's opinion, focusing on English civil justice.

Expert Evidence And International Criminal Justice

Author: Artur Appazov
Publisher: Springer
ISBN: 3319243403
Size: 27.18 MB
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The book is a comprehensive narration of the use of expertise in international criminal trials offering reflection on standards concerning the quality and presentation of expert evidence. It analyzes and critiques the rules governing expert evidence in international criminal trials and the strategies employed by counsel and courts relying upon expert evidence and challenges that courts face determining its reliability. In particular, the author considers how the procedural and evidentiary architecture of international criminal courts and tribunals influences the courts’ ability to meaningfully incorporate expert evidence into the rational fact-finding process. The book provides analysis of the unique properties of expert evidence as compared with other forms of evidence and the challenges that these properties present for fact-finding in international criminal trials. It draws conclusions about the extent to which particularized evidentiary rules for expert evidence in international criminal trials is wanting. Based on comparative analyses of relevant national practices, the book proposes procedural improvements to address some of the challenges associated with the use of expertise in international criminal trials.

Die Margin Of Appreciation

Author: Josephine Asche
Publisher: Springer-Verlag
ISBN: 3662548666
Size: 35.57 MB
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Das Buch untersucht mit der Margin of Appreciation eine der bekanntesten und doch umstrittensten Rechtsfiguren der Rechtsprechung des Europäischen Gerichtshofs für Menschenrechte.Es entwickelt eine schlüssige Kritik ihrer bisherigen dogmatischen Fassung und zugleich einen praktisch anschlussfähigen Vorschlag für eine Neuaufstellung der überkommenen Doktrin. Bestehende kritische Ansätze des bisherigen Schrifttums werden aufgearbeitet, weiterentwickelt und mit besonderer Konsequenz angewandt.Die Autorin wählt dabei einen methodischen Zugriff auf mittlerer Abstraktionshöhe, der es ermöglicht, sowohl die konkrete Rechtsprechungspraxis zu berücksichtigen, als diese auch mit abstrakten, vornehmlich demokratietheoretischen Einwänden zu konfrontieren. Durch eine radikale Reduktion derjenigen Faktoren, die nach überkommener Auffassung für Übung und Umfang richterlicher Zurückhaltung maßgeblich sind, wird die Margin of Appreciation im Ergebnis entschieden verschlankt und rationalisiert.

The Three Paths Of Justice

Author: Neil Andrews
Publisher: Springer Science & Business Media
ISBN: 9789400722941
Size: 22.53 MB
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This book presents a concise account of the English system of civil litigation, covering court proceedings in England and Wales. It is an original and important study of a system which is the historical root of the US litigation system. The volume offers a comprehensive and properly balanced account of the entire range of dispute resolution techniques. As the first book on this subject to be published in the USA, it enables American lawyers to gain an overview of the main institutions of English Civil Procedure, including mediation and arbitration. It will render the English system of civil justice accessible to law students in the US, practitioners of law, professors, judges, and policy-makers.

The Reform Of Ec Competition Law

Author: Ioannis Kokkoris
Publisher: Kluwer Law International B.V.
ISBN: 9041126929
Size: 36.43 MB
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This book represents a fresh approach to EC competition law - one that is of singular value in grappling with the huge economic challenges we face today. As a critical analysis of the law and options available to European competition authorities and legal practitioners in the field, it stands without peer. It will be greatly welcomed by lawyers, policymakers and other interested professionals in Europe and throughout the world.

Administrative Justice And Asylum Appeals

Author: Robert Thomas
Publisher: Bloomsbury Publishing
ISBN: 1847317723
Size: 30.74 MB
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FIRST PRIZE WINNER OF THE SLS BIRKS PRIZE FOR OUTSTANDING LEGAL SCHOLARSHIP 2011 How are we to assess and evaluate the quality of the tribunal systems that do the day-to-day work of adjudicating upon the disputes individuals have with government? This book examines how the idea of adjudicative quality works in practice by presenting a detailed case-study of the tribunal system responsible for determining appeals lodged by foreign nationals who claim that they will be at risk of persecution or ill-treatment on return to their country of origin. Over recent years, the asylum appeal process has become a major area of judicial decision-making and the most frequently restructured tribunal system. Asylum adjudication is also one of the most difficult areas of decision-making in the modern legal system. Integrating empirical research with legal analysis, this book provides an in-depth study of the development and operation of this tribunal system and of asylum decision-making. The book examines how this particular appeal process seeks to mediate the tension between the competing values under which it operates. There are chapters examining the organisation of the tribunal system, its procedures, the nature of fact-finding in asylum cases and the operation of onward rights of challenge. An examination as to how the tensions inherent in the idea of administrative justice are manifested in the context of a tribunal system responsible for making potentially life or death decisions, this book fills a gap in the literature and will be of value to those interested in administrative law and asylum adjudication.

Eu Competition Law And The Information And Communication Technology Network Industries

Author: Andrej Fatur
Publisher: Bloomsbury Publishing
ISBN: 1847319130
Size: 52.32 MB
Format: PDF
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Competition policies have long been based on a scholarly tradition focused on static models and static analysis of industrial organisation. However, recent developments in industrial organisation literature have led to significant advances, moving beyond traditional static models and a preoccupation with price competition, to consider the organisation of industries in a dynamic context. This is especially important in the field of information and communication technology (ICT) network industries where competition centres on network effects, innovation and intellectual property rights, and where the key driver of consumer benefit is technological progress. Consequently, when an antitrust intervention is contemplated, a number of considerations that arise out of the specific nature of the ICT sector have to be taken into account to ensure improved consumer welfare. This book considers the adequacy of existing EU competition policy in the area of the ICT industries in the light of the findings of modern economic theory. Particular attention is given to the implications of these dynamic markets for the competitive assessment and treatment of the most common competitive harms in this area, such as non-price predatory practices, tying and bundling, co-operative standard setting, platform joint ventures and co-operative R&D.

Finding Solutions For Environmental Conflicts

Author: Edward Christie
Publisher: Edward Elgar Publishing
ISBN: 9781781956328
Size: 56.51 MB
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Environmental conflicts over sustainability, EIA, biodiversity, biotechnology and risk, chemicals and public health, are not necessarily legalistic problems but land use problems. Edward Christie shows how solutions for these conflicts can be found via consensual agreement using an approach that integrates law, science and alternative dispute resolution (ADR). This book assesses the key unifying principles of environmental and administrative law in Australia, the UK/EU and USA, together with accepted scientific concepts of environmental management and protection. By doing so it provides a cross-disciplinary approach to collaborative problem-solving and decision-making, using ADR processes to resolve environmental conflicts and will be valuable to any environmental professional. This book has been written to meet the requirements of any environmental professional - lawyer, scientist, engineer, planner - who directly, or indirectly, may be involved in development or planning conflicts when the environment is in issue. For the lawyer, this book, with its focus on understanding and integrating unifying legal principles and scientific concepts, consolidates opportunities for assessing and resolving environmental conflicts by negotiation. For the environmental professional, the book provides opportunities for managing environmental conflicts. In addition, opportunities are identified for resolving environmental conflicts by negotiation, but in quite specific situations i.e. when the interpretation and application of questions of law are not in issue and only factual (scientific) issues are in dispute. It will also of course strongly appeal to academics and researchers of environmental studies and environmental law. It will also appeal to the indigenous community and environmental groups who are seeking more direct and effective inputs into resolving environmental conflicts.