question archive 1) Define the concepts of implementation, transformation, incorporation, reception, unification, adaptation, approximation, harmonization, legitimacy, reference, parallel lawmaking
1) Define the concepts of implementation, transformation, incorporation, reception, unification, adaptation, approximation, harmonization, legitimacy, reference, parallel lawmaking
Subject:LawPrice: Bought3
1) Define the concepts of implementation, transformation, incorporation, reception, unification, adaptation, approximation, harmonization, legitimacy, reference, parallel lawmaking. Provide examples. 2. Comment the statement: "It is ... a principle generally accepted in the jurisprudence of international arbitration, as well as by municipal courts, that one Party cannot avail himself of the fact that the other has not fulfilled some obligation or has not had recourse to some means of redress, if the former Party has, by some illegal act, prevented the latter from fulfilling the obligation in question, or from having recourse to the tribunal which would have been open, to him." (Permanent Court of International Justice, Case concerning the Factory at Chorzów [Germany v Poland], 1927). Comment the statement: "[In the given case] national legislation and case law cannot be relied upon as a source of international principles or rules, under the doctrine of the general principles of law recognized by the nations of the world: for this reliance to be permissible, it would be necessary to show that most, if not all, countries adopt the same notion ... More specifically, it would be necessary to show that, in that case, the major legal systems of the world take the same approach to this notion." (International Criminal Tribunal for the Former Yugoslavia, Prosecutor v Tadi? [Opinion and Judgment], 1997).
