The Proportionality Of State Intervention

Author : Sebastian Weißschnur
Publisher : Springer Nature
ISBN 13 : 3030756769
Total Pages : 436 pages
Book Rating : 4.65/5 ( download)

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Download or read book The Proportionality of State Intervention written by Sebastian Weißschnur and published by Springer Nature. This book was released on 2021-08-31 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book outlines the connection between the principles of proportionality of state intervention and strategies made by the European Union. It describes underlining reasons for the occurrence of the global economic recession and available intervention options for governments to the EU markets.This book works out several possibilities EU countries use with the help of state intervention to actively intervene in the market economy. The author critically assesses the proportionality of interventions in the markets of EU members. With regard to the European economic recession, the book highlights the background of the global financial and external debt crisis. In this context, possible measures for growth promotion processes of the EU are also described.The book will appeal to lecturers and students of economics disciplines worldwide, political advisors of EU member states and decision-makers of the European Central Bank; as well as, in principle, all interested readers who would like to learn more about fiscal policy in the European Union.

Author : Tor-Inge Harbo
Publisher : Hotei Publishing
ISBN 13 : 900428947X
Total Pages : 349 pages
Book Rating : 4.75/5 ( download)

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Download or read book The Function of Proportionality Analysis in European Law written by Tor-Inge Harbo and published by Hotei Publishing. This book was released on 2015-03-20 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: The proportionality principle has become ever more important in European law and elsewhere. The career of the principle has attracted considerable attention from legal practitioners, legal theorists and political scientists alike, but the debate so far has been quite fragmented. In this new book the author offers a broad and systematic analysis of the proportionality principle. Discussing and comparing proportionality analysis as applied by European courts in part one of the book, the author proceeds to contrast proportionality analysis with alternative assessment schemes. In the third part of the book the author reaches beyond doctrinal reconstructions as he deciphers the functions of proportionality jurisprudence. In view of the various facets of proportionality analysis the author departs from the asserted infringement of a legally protected position by some regulatory act, proceeds to discuss the legitimacy of this intervention and undertakes an analysis of its suitability, appropriateness and necessity. According to the author, the safe grounds of proportionality means-ends rationality do not suffice where the legitimacy of an infringement has to be assessed, where conflicting values have to be “balanced” or where courts engage in a proportionality analysis “stricto sensu”. In the concluding remarks, the author proposes how proportionality analysis may be structured in order to better secure the legitimacy of the analysis.

Author : Claus Kreß
Publisher : Oxford University Press, USA
ISBN 13 : 0197537375
Total Pages : 527 pages
Book Rating : 4.74/5 ( download)

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Download or read book Necessity and Proportionality in International Peace and Security Law written by Claus Kreß and published by Oxford University Press, USA. This book was released on 2020-11-30 with total page 527 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Necessity and proportionality occupy a firm place in the international law governing the use of force by states. Perhaps most importantly for practical purposes, the exercise of the right of self-defense, as recognized in Article 51 of the United Nations Charter, is subject to the requirements of necessity and proportionality, as the International Court of Justice determined in the Nicaragua case. Necessity and proportionality are also firmly anchored in the international law governing armed conflicts. In its Nuclear Weapons Advisory Opinion, the International Court of Justice even referred to one articulation of the idea of necessity, that directed against the causing of unnecessary suffering, as one of two "cardinal principles" of this body of law. However, beyond statement in such general terms, the realms of uncertainty and controversy soon begin. It is far from clear, for example, how to distinguish with precision between necessity and proportionality in the international law on self-defense and, in immediate connection herewith, what it means precisely to say that forcible action taken in the exercise of self-defense must be proportionate. It is all the less clear what legal significance, if any, necessity and proportionality possess in other contexts of the international law governing the use of force"--

Author : Judith Gardam
Publisher : Cambridge University Press
ISBN 13 : 1139456172
Total Pages : 288 pages
Book Rating : 4.73/5 ( download)

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Download or read book Necessity, Proportionality and the Use of Force by States written by Judith Gardam and published by Cambridge University Press. This book was released on 2004-11-18 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: There has been considerable debate in the international community as to the legality of the forceful actions in Kosovo in 1999, Afghanistan in 2002 and Iraq in 2003 under the United Nations Charter. There has been consensus, however, that the use of force in all these situations had to be both proportional and necessary. Against the background of these recent armed conflicts, this 2004 book offers the first comprehensive assessment of the twin requirements of proportionality and necessity as legal restraints on the forceful actions of States. It also provides a much-needed examination of the relationship between proportionality in the law on the use of force and international humanitarian law.

Author : Ulf Linderfalk
Publisher : BRILL
ISBN 13 : 9004448071
Total Pages : 230 pages
Book Rating : 4.70/5 ( download)

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Download or read book Revisiting Proportionality in International and European Law written by Ulf Linderfalk and published by BRILL. This book was released on 2021-05-12 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this edited volume, scholars from a wide range of areas of international law consider whose interests are at stake in the application of the principle of proportionality. In so doing, the volume casts new light this important principle.

Author : David Coen
Publisher : Edward Elgar Publishing
ISBN 13 : 9781845428006
Total Pages : 280 pages
Book Rating : 4.05/5 ( download)

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Download or read book Refining Regulatory Regimes written by David Coen and published by Edward Elgar Publishing. This book was released on 2005-01-01 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: With regulation seeking to foster competition at the same time as also having to protect essential services, the authors investigate regulatory styles, costs of new regulatory functions and how firms in the new regulatory landscape access and influence regulatory authorities. The authors consider how EU pressures may hinder or help the functioning of new regulatory markets and the establishment of business-regulator relationships, as well as the broader policy implications for these new regulatory environments. The book also determines how regulatory authorities emerge and evolve under different state traditions and assesses, over time, the degree to which there is potential for convergence, divergence and continued differences as regulatory functions mature.

Author : International Commission on Intervention and State Sovereignty
Publisher : IDRC
ISBN 13 : 9780889369634
Total Pages : 432 pages
Book Rating : 4.31/5 ( download)

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Download or read book The Responsibility to Protect written by International Commission on Intervention and State Sovereignty and published by IDRC. This book was released on 2001 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: Responsibility to Protect: Research, bibliography, background. Supplementary volume to the Report of the International Commission on Intervention and State Sovereignty

Author : Kaisa Huhta
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403514531
Total Pages : 343 pages
Book Rating : 4.36/5 ( download)

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Download or read book Capacity Mechanisms in EU Energy Law written by Kaisa Huhta and published by Kluwer Law International B.V.. This book was released on 2019-07-17 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many states – including European Union (EU) Member States – subsidise energy producers in order to guarantee the uninterrupted availability of affordable electricity. This book presents the first in-depth examination of how these so-called capacity mechanisms are addressed in EU law and how they affect the functioning of the EU energy markets. Focusing on the existing legal framework as well as the new provisions of the Clean Energy for All Europeans package for capacity mechanisms, the author addresses and analyses such aspects as the following: the structure and functioning of the EU electricity markets; EU’s competence to address security of supply and Member States’ margin of discretion; sector-specific rules for security of supply; legal conditions for subsidising generation adequacy; capacity remuneration under the EU State aid regime; free movement rules that address generation adequacy measures; balancing different interests of EU energy law in the context of generation adequacy; and the requirement of proportionality in State intervention to ensure generation adequacy. The analysis draws on relevant sources of EU law (treaties, regulations and directives) as well as the case law of the European Court of Justice and the General Court, together with soft law instruments such as Commission guidelines. Scholarly sources include not only legal literature but also work on energy policy, energy engineering and energy economics. As a detailed analysis of how capacity mechanisms address issues arising in the context of the enegy transition – and how the system of EU law applicable to capacity mechanisms should be interpreted to further the objectives of EU energy law – the book will help policymakers and legislators in Member States to understand the changing legal setting for capacity mechanisms. Lawyers, academics and other professionals who deal with EU electricity markets in the EU and beyond are sure to welcome its detailed description and analysis.

Author : Sheppard, Adam
Publisher : Policy Press
ISBN 13 : 144732448X
Total Pages : 224 pages
Book Rating : 4.85/5 ( download)

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Download or read book The essential guide to planning law written by Sheppard, Adam and published by Policy Press. This book was released on 2017-02-15 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive yet concise textbook is the first to provide a focused, subject specific guide to planning practice and law. Giving students essential background and contextual information to planning’s statutory basis, the information is supported by practical and applied discussion to help students understand planning in the real world. The book is written in an accessible style, enabling students with little or no planning law knowledge to engage in the subject and develop the necessary level of understanding required for both professionally accredited and non-accredited courses in built environment subjects. The book will be of value to students on a range of built environment courses, particularly urban planning, architecture, environmental management and property-related programmes, as well as law and practice-orientated modules.

Author : María Augusta León Moreta
Publisher : V&R unipress GmbH
ISBN 13 : 3847104187
Total Pages : 386 pages
Book Rating : 4.86/5 ( download)

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Download or read book The Human Rights Fundaments of Conservation in the Context of the Extraction of Energy Resources written by María Augusta León Moreta and published by V&R unipress GmbH. This book was released on 2015 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: English summary: Energy is the driving force of human development and economic growth. The ceaseless demand for energy resources has triggered the development of extraction projects around the world. This, in turn, has exerted a significant pressure on natural resources as well as on the environment. Since the performance of human rights depends on the environment and on access to natural resources, this Study aims to show the extent to which the negative environmental impact arising from extraction operations prevents the effective realization of human rights. The analysis of substantive and procedural human rights in the light of the case law of international human rights courts provides all stakeholders involved in an energy extraction project with the tools and mechanisms to prevent environmental damage and to ensure the protection of human rights. German description: Energie ist ein entscheidender Faktor fur das Wirtschaftswachstum. Die unaufhorliche Nachfrage nach Energieressourcen hat die Entwicklung von Forderprojekten in der ganzen Welt ausgelost. Dies wiederum hat sowohl einen erheblichen Druck auf die naturlichen Quellen als auch auf die Umwelt ausgeubt. Da die effektive Verwirklichung der Menschenrechte von einer sauberen und gesunden Umwelt abhangt, bezweckt diese Arbeit anhand unterschiedlicher Beispiele zu belegen, dass die Energierohstoffgewinnung sich negativ auf wichtige okologische Voraussetzungen fur die effektive Ausubung der Menschenrechte auswirkt. Im Lichte der Rechtsprechung internationaler Menschenrechtsgerichte zeigt diese Arbeit, dass die Gerichte auf Umweltgrundsatze und -normen zuruckgegriffen haben, um Umweltschaden zu verhindern und den Schutz der Menschenrechte zu gewahrleisten.