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Citation by judges of the scientific sources: domestic and foreign experience
Problem setting. Problems being topical for the domestic jurisprudence concerning the possibility and advisability of the scientific sources using in the form of the immediate citation in the judicial decisions have been analyzed.
І. В. Семеніхін
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The Sources of International Law [PDF]
Abstract This introductory chapter offers a brief overview on the sources of international law. It first highlights the importance of and the controversies surrounding the sources of international law, touching upon the nature, legality, normativity, and legitimacy of international law, as well as the sites and tools of its contestation.
Besson, Samantha, d'Aspremont, Jean
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Теоретичні аспекти розуміння правової доктрини
Стаття присвячена визначенню природи правової доктрини та з’ясуванню її ознак як герменевтичної, аргументативної, пояснювальної, нормативної дисципліни. Обґрунтовано, що правова доктрина існує та розвивається в системі координат, які задаються правовими ...
Ігор Вікторович Семеніхін
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Dynamics of sources of law formation - from Roman law to cyberspace
Objectives The subject of the study is to show the dynamics of development of the sources of law formation. The positivist concept, which is still dominant to a certain extent, determines the perception of the law itself.
Bronisław Włodzimierz Sitek
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Custom as a source of Law in International Trade: Tradition and Modernity
The study explores the role and relevance of custom as a source of law in international trade, analyzing how it evolves in the context of modernity.
Cornelia Beatrice Gabriela Ene-Dinu
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PERCEPTION OF THE JUDICIARY LAW BY THE LAW-MAKER
Objective: to develop conceptual-theoretical provisions and scientific recommendations for the implementation of judiciary decisions in the legislation of the Russian Federation.
V. V. Lazarev
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THE JURISPRUDENCE - BASIC CONCEPTS OF BEING A FORMAL AND CONSTITUTIONAL SOURCE OF LAW (I) [PDF]
The jurisprudence could be characterised as being a combination of previous but also completed situations in fact, previous but also consumed facts, which have been materialised by legal sentences or guidance decisions given by courts and competent ...
Emilian CIONGARU
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The subject. The article is devoted to research the legal nature of international treaties.The purpose of the article is to formulate the feasibility of determining the legal status of international treaties in the composition of the sources of law in ...
O. Kiseleva
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Domestic law in international investment arbitration: An overlooked source of law [PDF]
Domestic law would seem to be a natural first choice for settling international investment disputes: investment disputes generally originate from private or commercial contracts which most often provide for applicability of domestic law.
Đajić Sanja, Stanivuković Maja
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JUDICIAL PROCESS – SOURCE OF LAW AND JUSTICE
. The main purpose of the article is to establish that legal pro-ceedings are not a mere law enforcement, but the creation of law and justice. In addition, it is proved that the modern theory of state and law has turned into scholasticism and has lost ...
Alexandrov Alexandr Sergeevich +1 more
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