Precedentsources of lawInternational Court of JusticeInternational Tribunal for the Law of the Sealegal reasoningJudicial decisions are explicitly mentioned in Article 38 of the Statute of the International Court of Justice (ICJ) as "a subsidiary means for the determination of rules of law". ...
aThe case law is a law which has certain legal effect. The case to be the precedent is a kind of legal standard. That is to say, if a case is recognized as a precedent, then the case becomes the standard of the later dealing of the same or similar case. When the judge, no matter...
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Precedent in International Courts: A Network Analysis of Case Citations by the European Court of Human Rights. Why and how do international courts justify decisions with citations to their own case law? We argue that, like domestic review courts, international court... LUPU,YONATAN - 《British...
lawcase 案件() 案子() case law名词 判例法名() case (law) 案例 case law 案例法 例子: bring a case to a close (law)— 销案 involve others (in a law case)— 株治 case involving sex scandal (law)— 桃色案件 unsolved case (law)— ...
R指的是rule of law。这个部分要注意只能写法律条文或者legal precedent,不能涉及到分析案情。相关的法律规则需要局限在与案情分析具有直接关系的规则上。一般来说,首先是给出定义。打比方,如果issue是合同是否成立,则合同的成立规则需要出现在rule部分。单独给出合同成立的规则是无法满足分数的要求的,还需要给出具体...
The Case Database Work Procedures provides that an SPC division (sitting as the professional judges meeting) reviews and discusses a group of cases for proper application of law, reasoning, and ethical orientation (value orientation 价值导向). If the judges in the relevant operational division ...
athis is a supplement in case there comes a case that can not fit in any of the existing precedent. the case law makes it possible for the legislator to make new principle according to the ever-changing demand of different cases. 这是补充,万一那里来不可能适合任何现有的先例的案件。 判例法...
This year, the firm helped to persuade the Supreme Court to overturn so-called ‘Chevron deference’, a 40-year-old precedent that required courts generally to concede to federal agencies’ interpretation of rules and laws. It was acting on behalf of a fishing company, Relentless, and the New...