株式会社極東書店トップ商品一覧Revisiting Proportionality in International and European Law : Interests and Interest-Holders.

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Revisiting Proportionality in International and European Law

Revisiting Proportionality in International and European Law : Interests and Interest-Holders. 国際法・欧州法における均衡性再考

・ISBN 978-90-04-44806-3 hard EUR 163.00

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電子版あり 大学・学術機関向け電子ブック(eBook)ISBN 978-90-04-44807-0

著者・編者Linderfalk, Ulf / Gill-Pedro, Eduardo (eds.),
出版社(Brill / Nijhoff, NE)
出版年月2021.05
言語ENG
ニュース番号<662-1224 662-L2005>

解説

This book casts new light on the application of the principle of proportionality in international law. Proportionality is claimed to play a central role in governing the exercise of public power in international law and has been presented as the 'ultimate rule of law'. It has also been the subject of fierce criticism: it is argued that it leads to unreflexive and arbitrary application of the law and deprives rights of their role as a 'firewall' protecting individuals. But the debate on proportionality has tended to focus on the question of 'how' proportionality should be carried out. Much less attention has been devoted to the question of 'who'.
This edited volume bring together scholars from a wide range of areas of international law to consider that question: whose interests are at stake when courts and other legal authorities apply the principle of proportionality? In so doing, this volume casts new light on the role which proportionality can play in international law, in shaping and modulating the power relations between the different entities governed by it.