General Principles of Law and International Due Process
General Principles of Law and International Due Process

Author: Charles T. Kotuby

Publisher: Oxford University Press

Published: 2017

Total Pages: 305

ISBN-13: 019064270X

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Article 38 of the Statute of the International Court of Justice defines "international law" to include not only "custom" and "convention" between States but also "the general principles of law recognized by civilized nations" within their municipal legal systems. In 1953, Bin Cheng wrote his seminal book on general principles, identifying core legal principles common to various domestic legal systems across the globe. This monograph summarizes and analyzes the general principles of law and norms of international due process, with a particular focus on developments since Cheng's writing. The aim is to collect and distill these principles and norms in a single volume as a practical resource for international law jurists, advocates, and scholars. The information contained in this book holds considerable importance given the growth of inter-state intercourse resulting in the increased use of general principles over the past 60 years. General principles can serve as rules of decision, whether in interpreting a treaty or contract, determining causation, or ascertaining unjust enrichment. They also include a core set of procedural requirements that should be followed in any adjudicative system, such as the right to impartiality and the prohibition on fraud. Although the general principles are, by definition, basic and even rudimentary, they hold vital importance for the rule of law in international relations. They are meant not to define a rule of law, but rather the rule of law.

Bankruptcy Litigation and Practice
Bankruptcy Litigation and Practice

Author: Thomas J. Salerno

Publisher: Wolters Kluwer

Published: 2007-09-01

Total Pages: 2094

ISBN-13: 0735561931

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Bankruptcy Litigation and Practice: A Practitionerand’s Guide, Fourth Edition serves as the comprehensive reference on bankruptcy litigation topics for legal practitioners in all specialties. For the generalist and commercial law practitioner it clarifies basic Bankruptcy Code issues and practical features of bankruptcy litigation including consumer bankruptcies, business and corporate reorganizations, liquidations and personal debt restructuring. For the bankruptcy professional, it serves as a sophisticated compendium of reliable forms, recent case law, and statutory amendments relating to all major bankruptcy topics including: Automatic stay Preferences Dischargeability Executory contracts The Chapter 11 confirmation process Appellate procedures Chapter 13 individual debt restructurings The rights and obligations of secured and unsecured creditors And much more! Only Bankruptcy Litigation and Practice: A Practitionerand’s Guide delivers instant access to: An exclusive collection of key bankruptcy litigation resource materials Practical insights into the bankruptcy court system A consolidated presentation and analysis of bankruptcy provisions common to all cases Reliable, practice-based coverage of Chapter 7, 11, 12, and 13 cases Bankruptcy Litigation and Practice: A Practitionerand’s Guide delivers broad coverage that keeps you completely current with the latest law in all key areas. Updated twice annually, this one-of-a-kind reference serves as the foundation of your bankruptcy library by providing: The starting point for researching the widest range of bankruptcy litigation issues A guide throughout all stages of bankruptcy litigation A consolidated resource and practical tool that combines case law and analysis as well as a valuable CD-ROM to help you navigate familiar and unfamiliar areas of bankruptcy litigation