Nevertheless, it is possible to distil from State practice a legal framework for the proportionality principle and to identify, albeit tentatively, concrete obligations derived from its constraints. The United Nations Charter fundamentally changes the pre-existing law on the use of force. Despite ...
Tourism has depended more and more on resources and environment, and it has destroyed the environment heavily when it developed.On the basis of fixing the concept of tourism environment,it is necessary for our country to strengthen and perfect the legislation on this field,there are three main ...
The Foreign Corrupt Practices Act, Sec Disgorgement of Profits, and the Evolving International Bribery Regime: Weighing Proportionality, Retribution, and Deterrence The international framework governing foreign bribery has been in a state of flux during the preceding decade. For the first time since the...
Under the WTO framework, satisfying the necessity principle for policy goals in terms of the relevant provisions of the covered agreements of the Marrakesh Agreement will depend on the facts of each case. It does not only depend on the character, objective and purpose of the relevant covered...
one in which the survival of the state trumps all other considerations (and "necessity knows no bounds") and the other in which the effect on human rights of measures taken in the name of self-defense are examined for their necessity and proportionality (and "the Wall" must be re-routed)...
The exercise of rights and liberties may be limited for the reasons enumerated in art. 53(1)C. But their application may not be done in a limitless manner. There has to be a procedural framework which shall limit the modality in which the state may claim these reasons. This procedural fra...