Relevant bibliographies by topics / The principle of distinction and the principle proportionality

Contents

  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters
  5. Conference papers

Academic literature on the topic 'The principle of distinction and the principle proportionality'

Author: Grafiati
Published: 24 June 2021
Last updated: 3 February 2022

Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles

Select a source type:

Consult the lists of relevant articles, books, theses, conference reports, and other scholarly sources on the topic 'The principle of distinction and the principle proportionality.'

Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.

You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.

Journal articles on the topic "The principle of distinction and the principle proportionality"

1

Dill, Janina. "Distinction, Necessity, and Proportionality: Afghan Civilians’ Attitudes toward Wartime Harm." Ethics & International Affairs 33, no. 3 (2019): 315–42. http://dx.doi.org/10.1017/s0892679419000376.

Full text
Abstract:
AbstractHow do civilians react to being harmed in war? Existing studies argue that civilian casualties are strategically costly because civilian populations punish a belligerent who kills civilians and support the latter's opponent. Relying on eighty-seven semi-structured interviews with victims of coalition attacks in Afghanistan, this article shows that moral principles inform civilians’ attitudes toward their own harming. Their attitudes may therefore vary with the perceived circumstances of an attack. Civilians’ perception of harm as unintended and necessary, in accordance with the moral principles of distinction and necessity, was associated with narratives that cast an attack as relatively more legitimate and with a partial or full release of the coalition from blame. The principle of proportionality, which requires that civilian casualties are caused in pursuit of a legitimate war aim, informed their abstract attitudes toward civilian casualties in Afghanistan. Two rules of international law, which accord with the moral principles of distinction and necessity, were reflected in the civilians’ attitudes. The legal rule of proportionality, which diverges from the namesake moral principle, failed to resonate with the civilians. The article explores whether compliance with the legal rules of distinction and necessity can contribute to mitigating the strategic costs of civilian casualties.
APA, Harvard, Vancouver, ISO, and other styles
2

Vezmar Barlek, Inga. "Primjena načela razmjernosti u praksi Suda Europske unije." Zbornik Pravnog fakulteta Sveučilišta u Rijeci 38, no. 1 (2017): 673–85. http://dx.doi.org/10.30925/zpfsr.38.1.25.

Full text
Abstract:
The article emphasizes the principle of proportionality as a general principle of law. Analysis of some CJEU case law is introduced, regarding interpretative role of the principle of proportionality and its legal basis for annulment of individual and general acts. The distinction between the infringement of margin of appreciation and the principle of proportionality is given. The specificity of the Croatian administrative dispute law regarding the control of legality of the acts issued within margin of appreciation is emphasized. The principle of proportionality role as a legal basis for annulment of general acts in Croatian administrative dispute law is opened for discussion.
APA, Harvard, Vancouver, ISO, and other styles
3

Sagan, Scott D., and Allen S. Weiner. "The Rule of Law and the Role of Strategy in U.S. Nuclear Doctrine." International Security 45, no. 4 (2021): 126–66. http://dx.doi.org/10.1162/isec_a_00407.

Full text
Abstract:
Abstract In 2013, the U.S. government announced that its nuclear war plans would be “consistent with the fundamental principles of the Law of Armed Conflict” and would “apply the principles of distinction and proportionality and seek to minimize collateral damage to civilian populations and civilian objects.” If properly applied, these legal principles can have a profound impact on U.S. nuclear doctrine. The prohibition against targeting civilians means that “countervalue” targeting and “minimum deterrence” strategies are illegal. The principle of distinction and the impermissibility of reprisal against civilians make it illegal for the United States, contrary to what is implied in the 2018 Nuclear Posture Review, to intentionally target civilians even in reprisal for a strike against U.S. or allied civilians. The principle of proportionality permits some, but not all, potential U.S. counterforce nuclear attacks against military targets. The precautionary principle means that the United States must use conventional weapons or the lowest-yield nuclear weapons that would be effective against legitimate military targets. The law of armed conflict also restricts targeting of an enemy's leadership to officials in the military chain of command or directly participating in hostilities, meaning that broad targeting to destroy an enemy's entire political leadership is unlawful.
APA, Harvard, Vancouver, ISO, and other styles
4

Nolte, Georg. "Thin or Thick? The Principle of Proportionality and International Humanitarian Law." Law & Ethics of Human Rights 4, no. 2 (September 30, 2010): 245–55. http://dx.doi.org/10.2202/1938-2545.1050.

Full text
Abstract:
Proportionality, as a concept, does not contain any inherent standards, but rather refers to a proper balance between all relevant factors. It is nevertheless necessary to make analytical distinctions that help identify the premises of its application within different contexts. This is particularly true for an area like international humanitarian law in which a proper focusing of the principle of proportionality is crucial. This article suggests that the distinction between a “thin” and a “thick” approach is a helpful analytical tool depending on the number and the character of factors to be taken into account in the application of the principle of proportionality. The judgment of the Supreme Court of Israel on the permissibility of “targeted killings” is used to exemplify the drawbacks and advantages of both approaches.
APA, Harvard, Vancouver, ISO, and other styles
5

Clarke, Ben. "Proportionality in Armed Conflicts: A Principle in Need of Clarification?" Journal of International Humanitarian Legal Studies 3, no. 1 (2012): 73–123. http://dx.doi.org/10.1163/18781527-00301003.

Full text
Abstract:
In their quest to find ways to reduce civilian casualties during armed conflict, States often emphasise the importance of compliance with fundamental rules of international humanitarian law that apply during the conduct of hostilities. Chief among them are the rules of distinction, proportionality and precaution. This contribution focuses on the proportionality principle. It examines whether there is a need for clarification or development of this rule. After highlighting reasons why clarification of the law on proportionality is necessary, the author proposes a guidance document on proportionality decision-making in armed conflict. To lay the foundation for such a document, the author identifies a range of issues that could be addressed in the document.
APA, Harvard, Vancouver, ISO, and other styles
6

Ponti, Christian. "The Crime of Indiscriminate Attack and Unlawful Conventional Weapons: The Legacy of the icty Jurisprudence." Journal of International Humanitarian Legal Studies 6, no. 1 (May 4, 2015): 118–46. http://dx.doi.org/10.1163/18781527-00601007.

Full text
Abstract:
The prohibition of indiscriminate attacks, which encompasses either ‘indiscriminate attacks’ stricto sensu and the so-called ‘disproportionate attacks’, is at the heart of the law governing the conduct of hostilities, as it aims to implement two cardinal principles of international humanitarian law (ihl), distinction and proportionality. This contribution examines the jurisprudence of the International Criminal Tribunal for the former Yugoslavia (icty) establishing the individual criminal responsibility for indiscriminate attack. The author considers the possible rationale to illustrate why the icty has never adjudicated neither indiscriminate attacks nor disproportionate attacks per se, as separate, autonomous offences under customary international law. It is submitted that a possible reason to explain the prudency of the icty judges when dealing with the crime of indiscriminate attack is that from an international criminal law perspective it is more than a challenge to apply these ihl principles of distinction and proportionality. The author contends that the icty jurisprudence that practically examined the principle of prohibiting indiscriminate attacks by means of unlawful conventional weapons confirm such difficulties. In particular, because the icty failed to fully clarify to what extent an attack by means of indiscriminate and/or inaccurate weapons violating fundamental principles of the conduct of hostilities, such as distinction and proportionality, may amount to the crime of indiscriminate attack.
APA, Harvard, Vancouver, ISO, and other styles
7

Gisel, Laurent. "Can the incidental killing of military doctors never be excessive?" International Review of the Red Cross 95, no. 889 (March 2013): 215–30. http://dx.doi.org/10.1017/s1816383114000174.

Full text
Abstract:
AbstractMilitary medical personnel and objects, as well as wounded and sick combatants, are protected against direct attack under the principle of distinction in international humanitarian law. However, some authors argue that they are not covered by the principles of proportionality and precautions. This opinion note explains that military medical objects constitute civilian objects under the rules governing the conduct of hostilities. It also demonstrates that, in view of the object and purpose of the First Additional Protocol to the Geneva Conventions, expected incidental casualties of military medical personnel and wounded and sick combatants must be included among the relevant incidental casualties under the principles of proportionality and precautions. This stems in particular from the interpretation of the obligation ‘to respect and protect’ as the overarching obligation of the special protection afforded to all medical personnel and wounded and sick. Support for this conclusion can be found in a number of military manuals and in the Additional Protocol's preparatory work and Commentaries. This conclusion also reflects customary law.
APA, Harvard, Vancouver, ISO, and other styles
8

Geiß, Robin, and Henning Lahmann. "Cyber Warfare: Applying the Principle of Distinction in an Interconnected Space." Israel Law Review 45, no. 3 (October 30, 2012): 381–99. http://dx.doi.org/10.1017/s0021223712000179.

Full text
Abstract:
While the rules of the jus in bello are generally operative in cyberspace, it appears to be problematic to apply the fundamental principle of distinction because of the systemic interconnection of military and civilian infrastructure in the cyber realm. In this regard, the application of the accepted legal definition of military objectives will make various components of the civilian cyber infrastructure a legitimate military objective. In order to avoid serious repercussions for the civilian population that might follow from this inherent interconnectedness, different concepts are analysed that could provide potential solutions for a clearer separation of legitimate military targets and protected civilian installations and networks. The approaches discussed range from the exemption of central cyber infrastructure components that serve important civilian functions, to the creation of ‘digital safe havens’ and possible precautionary obligations regarding the segregation of military and civilian networks. As a solution, the authors propose a dynamic interpretation of the wording ‘damage to civilian objects’ within the principle of proportionality of Article 51(5)(b) of Additional Protocol I, an interpretation that would comprise the degradation of the functionality of systems that serve important civilian functions.
APA, Harvard, Vancouver, ISO, and other styles
9

Lewis, Jeffrey G., and Scott D. Sagan. "The Nuclear Necessity Principle: Making U.S. Targeting Policy Conform with Ethics & the Laws of War." Daedalus 145, no. 4 (September 2016): 62–74. http://dx.doi.org/10.1162/daed_a_00412.

Full text
Abstract:
In 2013, Obama administration spokesmen stated that all U.S. nuclear war plans “apply the principles of distinction and proportionality and seek to minimize collateral damage to civilian populations and civilian objects.” We analyze U.S. nuclear policy documents and argue that major changes must be made if U.S. nuclear war plans are to conform to these principles of just war doctrine and the law of armed conflict. We propose that the U.S. president announce a commitment to a “principle of necessity,” committing the United States not to use nuclear weapons against any military target that can be destroyed with reasonable probability of success by a conventional weapon. Such a doctrinal change would reduce collateral damage from any nuclear strike or retaliation by the United States and would, we argue, make our deterrent threats more credible and thus more effective.
APA, Harvard, Vancouver, ISO, and other styles
10

Maskun, Maskun, and Rafika Nurul Hamdani Ramli. "A New Treaty for Fully Autonomous Weapons: A Need or a Want?" Hasanuddin Law Review 4, no. 1 (April 9, 2018): 54. http://dx.doi.org/10.20956/halrev.v4i1.1300.

Full text
Abstract:
Autonomous Weapon System (AWS) is still discussed and is considered to the principle of International Humanitarian Law (IHL) particular the principle of distinction and proportionality. In line with moral and ethical issues, some experts and global citizens agree that AWS will likely to distract moral and ethical on a battlefield and are never able to replace human’s feeling. Human beings are responsible over AWS because there is no such a fully autonomous weapons exist. It is always a human commander behind the actions. To bridge the situation on discussion of AWS, a new treaty should be created in order to anticipate further violation.
APA, Harvard, Vancouver, ISO, and other styles
More sources

Dissertations / Theses on the topic "The principle of distinction and the principle proportionality"

1

Kjerrman, Asta Marie. "Civilians as a direct target of violence : How modern warfare challenges International Humanitarian Law." Thesis, Malmö universitet, Institutionen för globala politiska studier (GPS), 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:mau:diva-44106.

Full text
Abstract:
This study aims to examine how the emergence of modern warfare are challenging International Humanitarian Law when it comes to the protection of civilians in armed conflict. Thereby gaining a better understanding of how modern warfare is putting civilians at risk and how International Humanitarian Law is being challenged by the development of warfare. This study is a multidisciplinary study of Peace and Conflict Studies and International Law, which gives a rare perspective on civilian’s position in modern warfare. Thereby this study is not only showing the legal challenges in armed conflict but also bringing in the perspective of civilian’s position in modern warfare. This study will make use of three case studies: urban warfare, non-state actors and the use of drones in armed conflict. This study concludes that the challenges which International Humanitarian Law meets in modern warfare, is related to the need of clarifications but also a need for a greater enforcement and respect of the law by all parties of the conflict, both state and non-state actors. Lastly, there is a need for strengthening the inclusion of non-state actors in international law and strengthen International Humanitarian Law to meet the challenges of modern warfare to protect the civilians.
APA, Harvard, Vancouver, ISO, and other styles
2

Pino, Giorgio. "Fundamental rights and the proportionality principle." Derecho & Sociedad, 2017. http://repositorio.pucp.edu.pe/index/handle/123456789/118697.

Full text
Abstract:
The paper assesses the widespread use of the test of proportionality in fundamental rights adjudication. While constitutional and human rights courts all over the world appear to be consistently engaged in deploying the test of proportionality in order to assess the permissibility of a given rights limitation, this approach is under severe criticism insofar as it is considered an attack to the very idea of fundamental rights. The paper will discuss this criticism of the use of proportionality, and will provide a defense of its use by courts in light of some basic features of the contemporary discourse of fundamental rights.
El artículo evalúa el uso generalizado de la prueba de proporcionalidad en la adjudicación de derechos fundamentales. Mientras que los tribunales constitucionales y de derechos humanos de todo el mundo parecen estar constantemente involucrados en el despliegue de la prueba de proporcionalidad para evaluar la permisibilidad de una determinada limitación de derechos, este enfoque está sometido a severas críticas en tanto que se considera un ataque a la idea misma de Derechos fundamentales. El artículo discutirá esta crítica al uso del principio de proporcionalidad y ofrecerá una defensa de su uso por los tribunales a la luz de algunas características básicas del discurso contemporáneo de los derechos fundamentales.
APA, Harvard, Vancouver, ISO, and other styles
3

Emiliou, Nicholas. "The principle of proportionality in European law : a comparative study." The Hague : Kluwer law international, 1996. http://catalogue.bnf.fr/ark:/12148/cb37739803k.

Full text
APA, Harvard, Vancouver, ISO, and other styles
4

Acaralp, Linnéa. "U.S. Drone Attacks and the Proportionality Principle : Growing ignorance or Consciousness?" Thesis, Stockholms universitet, Statsvetenskapliga institutionen, 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-157224.

Full text
Abstract:
This thesis focuses on the usage of military drones, a type of semi-autonomous weapon, which has shifted the premises of conventional warfare, particularly relating to the ethics and legality of warfare. This paper examines the conditions that affect the civilian casualties in United States (U.S.) drone attacks. Drawing on Graham Allison’s work on the factors that influence U.S. foreign policy decision making, I theorize that civilian collateral casualties are more likely under certain conditions. These conditions changes depending on the type of administration in office, level of organization pressure, and the value and level of risk a target directs towards the U.S. In light of the discussion and the effect of drones on civilian casualties a debate upon the proportionality principle will be assessed. In the assessment a cost and benefit analysis is made between the military goal and civilian casualties (Gardam,1993). The proportionality principle refers to the balancing act of the excessive use of force on civilians in relation to the military goal. This paper is using a quantitative method. This study investigate data on US drone attacks, sourced from Bureau of Investigative Journalism, covering 733 attacks in four countries (Afghanistan, Yemen, Somalia and Pakistan) during the time period from 2002 to 2016. Based on Allison’s model three hypotheses are formulated and evaluated against the data using descriptive statistic and t-tests. The empirical result suggests that there was a statistical significance in all three hypotheses, indicating that it was possible to detect that under certain circumstances drone attacks are more likely to lead to more civilian casualties. However, when one observed the total casualties in proportion to the civilian casualties the result was not as grand as anticipated. However, the findings of this paper illustrates a pattern that during certain premises and cost and benefit analyses, the usage of drones are causing a greater risk towards civilians. Thus, these discussions further develop an already existing debate on today’s focus on military autonomous weapons and the results of using such weapons. Hence, this type of study can be applied to other military autonomous weapons as well. In light of the discussion of the proportionality principle, this paper suggest that the development of autonomous military weapons should not be taken lightly and an improvement of international regulations should perhaps be made.
APA, Harvard, Vancouver, ISO, and other styles
5

Stern, Orly. "The principle of distinction and women in conflicts in Africa." Thesis, London School of Economics and Political Science (University of London), 2015. http://etheses.lse.ac.uk/3291/.

Full text
Abstract:
The ‘principle of distinction’ is core to international humanitarian law, regulating who can and cannot be targeted in armed conflict. It states that combatants and those civilians ‘directly participating’ in hostilities may be targeted in attack, while non-combatants may not be. The law defines what it means to be a combatant and a civilian, and sets out what behaviour constitutes direct participation. The principle of distinction purports to be gender-neutral. However, closer examination reveals that international humanitarian law was based on a gendered view of conflict that envisaged men and women playing particular roles; men as fighters and women as victims of war. Problematically, this view often does not accord with the reality in ‘new wars’ today. Across the African continent women participate in armed groups. While sometimes women fight on the front lines, frequently, women contribute to armed movements in gender specific ways. Serving as fighters, cooks, porters and armed group ‘wives’, women often form the backbone of fighting groups, performing functions on which armed groups are highly reliant. The narrow framing of the principle of distinction means that many of the roles that women typically play in conflict are not recognised as ‘combatancy’ or ‘direct participation’ – even where women are actively engaged in armed movements. While this does provide more women with legal protection from attack, there are indirect negative consequences that flow from this. Using women’s participation in new wars in Africa as a study, this thesis critically examines the principle of distinction through a gendered lens, questioning the extent to which the principle serves to protect women in modern conflicts and how it fails them. By so doing, the thesis questions whether the principle of distinction is suitable to effectively regulate the conduct of hostilities in new wars.
APA, Harvard, Vancouver, ISO, and other styles
6

Cooper, Margaret Alice. "The principle of proportionality and precision weapons in the law of armed conflict." Thesis, University of Surrey, 2018. http://epubs.surrey.ac.uk/848696/.

Full text
Abstract:
Examines how the traditional values of proportionality are being eroded by the advent of modern precision high-speed weapons. Concludes that Proportionality is no longer a viable concept in battlefield situations of the new warfare.
APA, Harvard, Vancouver, ISO, and other styles
7

Leonaitė, Erika. "Principle of Proportionality in the Case Law of the European Court of Human Rights." Doctoral thesis, Lithuanian Academic Libraries Network (LABT), 2013. http://vddb.laba.lt/obj/LT-eLABa-0001:E.02~2013~D_20130925_093005-25212.

Full text
Abstract:
The dissertation explores the principle of proportionality as an instrument deriving from the notion of "democratic society" and applied by the European Court of Human Rights (ECtHR) in order to establish whether national institutions succeeded in striking a fair balance between the conflicting Convention rights or between competing individual and public interests. In the first chapter, after presenting the origins of the principle, the development of a three-tiered proportionality test and its dissemination, the main parameters relevant for the analysis of this principle are identified and the main issues of academic discussion concerning the application of proportionality by the ECtHR are revealed. The second chapter explores the evolution of the application of the proportionality principle in the case law of ECtHR and reveals the main features of proportionality test as applied in the early practice of Convention institutions. The third chapter deals with the interaction of the principles of proportionality and subsidiarity, in particular examining the impact of margin of appreciation doctrine upon the proportionality assessment conducted by the ECtHR and analysing the contents and interplay of the factors determining the width of the margin of appreciation. The forth chapter explores both commonalities and peculiarities of the application of proportionality principle in the context of different Convention rights and exposes the main criteria relevant to the balancing... [to full text]
Disertacijoje nagrinėjama proporcingumo principo, kaip iš demokratinės visuomenės idėjos kylančio instrumento, Europos Žmogaus Teisių Teismo (EŽTT) pasitelkiamo siekiant nustatyti, ar nacionalinės institucijos išlaikė teisingą pusiausvyrą tarp konkuruojančių Žmogaus teisių ir pagrindinių laisvių apsaugos konvencijos (Konvencijos) ginamų teisių ar tarp Konvencijos teisių ir viešų interesų, sampratos ir taikymo praktikos problematika. Pirmoje disertacijos dalyje, aptarus proporcingumo principo kilmę, trinario proporcingumo tyrimo modelio susiformavimą ir sklaidą, apsibrėžiami svarbiausi proporcingumo tyrimui reikšmingi parametrai ir atskleidžiama EŽTT taikomo proporcingumo principo sampratos problematika mokslinėje literatūroje. Antroje dalyje nagrinėjama proporcingumo principo taikymo EŽTT praktikoje raida ir plėtra, identifikuojami pagrindiniai ankstyvojoje Komisijos ir Teismo praktikoje taikyto proporcingumo testo bruožai. Trečioje dalyje tiriama proporcingumo principo sąveika su subsidiarumo principu, atskleidžiamas vertinimo laisvės doktrinos poveikis EŽTT atliekamam proporcingumo vertinimui, tiriami vertinimo laisvės apimtį lemiantys kriterijai ir jų sąveika. Ketvirtoje dalyje analizuojama proporcingumo principo taikymo praktika skirtingų Konvencijos ginamų teisių kontekste, atskleidžiant tiek bendruosius principo taikymo bruožus, tiek ir Teismo taikomos priežiūros intensyvumo nulemtus proporcingumo testo ypatumus. Paskutinėje dalyje EŽTT taikomas balansavimu grindžiamas... [toliau žr. visą tekstą]
APA, Harvard, Vancouver, ISO, and other styles
8

MARTINS, ALISSON SILVA. "THE PROHIBITION OF ILLEGAL EVIDENCES IN THE PROCESS AND THE INAPPLICABILITY OF THE PRINCIPLE OF PROPORTIONALITY." PONTIFÍCIA UNIVERSIDADE CATÓLICA DO RIO DE JANEIRO, 2010. http://www.maxwell.vrac.puc-rio.br/Busca_etds.php?strSecao=resultado&nrSeq=18695@1.

Full text
Abstract:
A Constituição da República de 1988 vedou expressamente a possibilidade de utilização de provas ilícitas no processo (art. 5º, LVI). Trata-se de direito fundamental positivado com estrutura de regra que não poderá ser flexibilizado pela incidência do princípio da proporcionalidade. O objetivo da dissertação é demonstrar que a aplicação do princípio da proporcionalidade, em matéria de vedação de utilização de provas ilícitas, destrói a força normativa da Constituição, convertendo a garantia fundamental em promessa vazia e inoperante. O trabalho também tem como meta demonstrar que a realização da justiça penal depende da verificação da ocorrência dos fatos que servem de suporte fático do preceito penal incriminador, mas essa atividade de verificação é sempre limitada, com vista à preservação de outros valores constitucionalmente tutelados. Trata-se de pesquisa bibliográfica que indica as várias vertentes sobre o tema, que resulta na conclusão de que o princípio da proporcionalidade é inaplicável em matéria de provas ilícitas.
The Republic Constitution of 1988 expressly forbade the possible use of illegal evidences in all proceedings (art. 5, LVI). This is a fundamental right – which has been positivised through a rule of structure - which cannot be loosened by the impact of the principle of proportionality. The goal of this dissertation is to demonstrate that the principle of proportionality, on the fence of use of illegal evidences, overthrows the normative power of the Constitution, it converts the fundamental guarantee into an empty promise and unable to be fulfilled. The work also aims to demonstrate that the implementation of criminal justice depends on the inspection of the occurrence of facts which really support and make possible to apply the penal incriminating precept, but such verification activity is usually restricted in order to spare other values which are also protected by the constitution. This is a literature research which aims to show the main strands the above theme, which brings as a conclusion that the principle of proportionality is inapplicable when illegal evidences are found in any proceedings.
APA, Harvard, Vancouver, ISO, and other styles
9

Langfeldt, Lasse. "Proportionality in Investment Treaty Arbitration and the Necessity for Tribunals to Adopt a Clear Methodology." Thesis, Uppsala universitet, Juridiska institutionen, 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-384506.

Full text
Abstract:
Whenever states’ rights to regulate and investor’s interests conflict with each other it is an unsolved question in investment treaty arbitration how one should balance those two positions. In particular, it is indefinite where to draw the line at what point states can actually exercise their rights without unlawfully violating the investor’s interests. A solution for this issue might be the proportionality test or analysis. Over the years, several tribunals approached proportionality, but took very different paths to understand and apply this legal concept. Especially, if one considers proportionality from its root in European and German law, some applications in investment treaty arbitration create confusion. Originating from a fixed methodological approach in the background of justifications of state measures, tribunals use proportionality in the process of defining and determining in contrast to the justification, as one would expect. Thus, it remains questionable which of those approaches is correct or if there is rather one correct application of proportionality in the context of investment treaty arbitration. This work argues in favour of proportionality being a legal concept which originates from German and European jurisprudence and migrated to international law. In international law it was established as a legal principle and subsequently adopted, inter alia, in investment treaty arbitration. Nevertheless, tribunals should be more careful when using proportionality. Especially, when naming and transferring a particular legal construct, it should not be used out of context. This endangers an award’s persuasiveness and furthers the fragmentation in international investment law. Tribunals should only refer to the ‘principle of proportionality’ or a ‘proportionality test/analysis’ when they actually apply it. And this application requires the concept to be used in the background of justification and not determination. Furthermore, the three/four significant steps must be followed in order to obtain the aimed proportional result.
APA, Harvard, Vancouver, ISO, and other styles
10

Hedenström, Eva. "Offentlig upphandling av textila produkter – faktorer som kan inverka på en kommun när det gäller att ställa krav på miljö- och social hänsyn : En fallstudie av Örebro kommun." Thesis, Södertörns högskola, Institutionen för livsvetenskaper, 2011. http://urn.kb.se/resolve?urn=urn:nbn:se:sh:diva-13285.

Full text
Abstract:
The public sector is a major purchaser of goods and services. By setting requirements for environmental and social considerations in public procurement, an authority has the possibility to use consumer power to influence the actors in a market. The purpose of this paper is to investigate public procurement of textile products in a municipality, in order to gain knowledge about factors that may be important for the use of environmental and social criteria. Håkan Hydén´s (professor in sociology of law) norm model was used as the basis of the analysis, where the conduct was investigated along three dimensions of the norm – willingness, knowledge and system conditions – in order to identify underlying factors that can influence the process. The results – analyzed by using interviews and documents – show that the procurer's willingness, motivation and knowledge are important factors in this context, as well as the political priority of the municipality. Procurers gain knowledge in this area to a large extent through networking with other actors. The possibilities to be able to verify the criteria are important. Verification of requirements is problematic because the municipality, as a public actor, is far from the production in the textile production chain. Lack of knowledge, in the form of mapping the textile production, prevents the development of criteria for best available technique. However, demands on manufacturing can be set indirectly by asking for some eco-labels (or equivalent) as verification. Furthermore, system conditions in terms of rules in the public procurement legislation set the framework for the procurement process.
Chemicals in textiles: Managing environmental and health risks from products with complex product chains
APA, Harvard, Vancouver, ISO, and other styles
More sources

Books on the topic "The principle of distinction and the principle proportionality"

1

Gydal, Cecilia. The principle of proportionality. [Stockholm]: Distributed by Juristförlaget, Stockholm, 1996.

Find full text
APA, Harvard, Vancouver, ISO, and other styles
2

hulsroj, peter. The Principle of Proportionality. Dordrecht: Springer Netherlands, 2013. http://dx.doi.org/10.1007/978-94-007-5775-2.

Full text
APA, Harvard, Vancouver, ISO, and other styles
3

Emiliou, Nicholas. The principle of proportionality in European law: A comparative study. London: Kluwer Law International, 1996.

Find full text
APA, Harvard, Vancouver, ISO, and other styles
4

Arai-Takahashi, Yutaka. The margin of appreciation doctrine and the principle of proportionality in the jurisprudence of the ECHR. Antwerp: Intersentia, 2002.

Find full text
APA, Harvard, Vancouver, ISO, and other styles
5

Bi li yuan ze yan jiu: Yi ge xian zheng de shi jiao = Research on the principle of proportionality : a constitutionalism of study. Beijing Shi: Fa lü chu ban she, 2008.

Find full text
APA, Harvard, Vancouver, ISO, and other styles
6

Lun bi li yuan ze: Zheng fu gui zhi gong ju xuan ze de si fa ping jia = Principle of proportionality : as a standard of review towards regulatory alternatives. Beijing Shi: Fa lü chu ban she, 2010.

Find full text
APA, Harvard, Vancouver, ISO, and other styles
7

Carpenter, Marlene. The goddess: The difference between the feminine principle and the feminine person, the legacy of this distinction from mythology through Judeo-Christian thought to modern western culture. Dubuque, Iowa: Kendall/Hunt, 1990.

Find full text
APA, Harvard, Vancouver, ISO, and other styles
8

Round-Table of Experts on International Humanitarian Law Applicable to Armed Conflicts at Sea (1989 Ruhr-Universität Bochum). The military objective and the principle of distinction in the law of naval warfare: Report, commentaries, and proceedings of the Round-Table of Experts on International Humanitarian Law Applicable to Armed Conflicts at Sea, Ruhr-Universität Bochum, 10-14 November 1989. Bochum: UVB-Universitätsverlag Dr. N. Brockmeyer, 1991.

Find full text
APA, Harvard, Vancouver, ISO, and other styles
9

YAchin, Syergyey. The Human Existence Analytics: an Introduction to the Experience of Self-discovery. a Systematic Study. ru: INFRA-M Academic Publishing LLC., 2014. http://dx.doi.org/10.12737/3476.

Full text
Abstract:
This paper aims to reveal the multidimensionality of human being-in-the-world within the human existence analytics and to show that human existence is reflexively correlated with the Other. The key question is how the subject ontologically lives and at the same time existentially experiences his relations to the world. The distinction between be-living and living through human’s being-in-the-world is substantiated as the principle of onto-phenomenological differentiation. Within the irreducible multiplicity of human relations to the world four modes of human experience are formed: the transcendent, the symbolic, the objective and the sensual ones. Ultimately, it is shown that the key to understanding the human existence is the highest form of its correlation with the Other: the ethical relation. Thus, the universal for the world philosophy understanding of man as ethical and, as such, reasonable being is expounded. The paper can be of interest to anyone who is concerned with the problem of man and who is familiar with some basic philosophical approaches to it.
APA, Harvard, Vancouver, ISO, and other styles
10

Steiner, Eva. Administrative Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198790884.003.0011.

Full text
Abstract:
This chapter concerns French administrative law. It examines the characteristic features and principal rules, procedures, and remedies related to administrative activities. The chapter also considers administrative law in its historical perspective and how this has led to a major structural distinction which has been applied in France since the 1789 Revolution the distinction between public and private ‘functions’. It is important to note that in the last decades, there has been a significant impact of EU law on the development of administrative law in the legal system of EU Member States, including France and the United Kingdom. In this respect, the common adoption by European states of general principles such as the principle of legitimate expectation and the principle of proportionality have had the effect of bringing the public law body of these countries closer together.
APA, Harvard, Vancouver, ISO, and other styles
More sources

Book chapters on the topic "The principle of distinction and the principle proportionality"

1

Sieckmann, Jan. "Proportionality as a Universal Human Rights Principle." In Proportionality in Law, 3–24. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-89647-2_1.

Full text
APA, Harvard, Vancouver, ISO, and other styles
2

Schweizer, Mark. "Nudging and the Principle of Proportionality." In Nudging - Possibilities, Limitations and Applications in European Law and Economics, 93–119. Cham: Springer International Publishing, 2016. http://dx.doi.org/10.1007/978-3-319-29562-6_7.

Full text
APA, Harvard, Vancouver, ISO, and other styles
3

Weißschnur, Sebastian. "State Intervention and Principle of Proportionality." In The Proportionality of State Intervention, 41–81. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-75676-5_3.

Full text
APA, Harvard, Vancouver, ISO, and other styles
4

Engle, Eric. "The General Principle of Proportionality and Aristotle." In Aristotle and The Philosophy of Law: Theory, Practice and Justice, 265–76. Dordrecht: Springer Netherlands, 2013. http://dx.doi.org/10.1007/978-94-007-6031-8_15.

Full text
APA, Harvard, Vancouver, ISO, and other styles
5

Wallot, Max. "The Proportionality Principle in the TRIPS Agreement." In MPI Studies on Intellectual Property and Competition Law, 213–43. Berlin, Heidelberg: Springer Berlin Heidelberg, 2016. http://dx.doi.org/10.1007/978-3-662-48107-3_7.

Full text
APA, Harvard, Vancouver, ISO, and other styles
6

Purnhagen, Kai, and Ellen van Kleef. "Commanding to “Nudge” via the Proportionality Principle?" In Regulating and Managing Food Safety in the EU, 151–67. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-77045-1_8.

Full text
APA, Harvard, Vancouver, ISO, and other styles
7

Köhler, Kai. "A Hirzebruch Proportionality Principle in Arakelov Geometry." In Number Fields and Function Fields—Two Parallel Worlds, 237–68. Boston, MA: Birkhäuser Boston, 2005. http://dx.doi.org/10.1007/0-8176-4447-4_11.

Full text
APA, Harvard, Vancouver, ISO, and other styles
8

Bäcker, Carsten. "Limited Balancing: The Principle of Human Dignity and Its Inviolability." In Proportionality, Balancing, and Rights, 85–111. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-77321-2_4.

Full text
APA, Harvard, Vancouver, ISO, and other styles
9

Oeter, Stefan. "Comment: Is the Principle of Distinction Outdated?" In International Humanitarian Law Facing New Challenges, 53–62. Berlin, Heidelberg: Springer Berlin Heidelberg, 2007. http://dx.doi.org/10.1007/978-3-540-49090-6_4.

Full text
APA, Harvard, Vancouver, ISO, and other styles
10

Baudenbacher, Carl, and Theresa Haas. "Proportionality as a Fundamental Principle of EEA Law." In The Fundamental Principles of EEA Law, 169–213. Cham: Springer International Publishing, 2017. http://dx.doi.org/10.1007/978-3-319-45189-3_9.

Full text
APA, Harvard, Vancouver, ISO, and other styles

Conference papers on the topic "The principle of distinction and the principle proportionality"

1

Mudrecki, Artur. "The Principle of Proportionality in Value Added Tax." In XVI International Scientific Conference "The Optimization of Organization and Legal Solutions concerning Public Revenues and Expenditures in Social Interest". Temida 2, 2018. http://dx.doi.org/10.15290/oolscprepi.2018.46.

Full text
APA, Harvard, Vancouver, ISO, and other styles
2

Aziz, Haris, Edith Elkind, Piotr Faliszewski, Martin Lackner, and Piotr Skowron. "The Condorcet Principle for Multiwinner Elections: From Shortlisting to Proportionality." In Twenty-Sixth International Joint Conference on Artificial Intelligence. California: International Joint Conferences on Artificial Intelligence Organization, 2017. http://dx.doi.org/10.24963/ijcai.2017/13.

Full text
Abstract:
We study two notions of stability in multiwinner elections that are based on the Condorcet criterion. The first notion was introduced by Gehrlein and is majoritarian in spirit. The second one, local stability, is introduced in this paper, and focuses on voter representation. The goal of this paper is to explore these two notions, their implications on restricted domains, and the computational complexity of rules that are consistent with them.
APA, Harvard, Vancouver, ISO, and other styles
3

Lin, Feifei. "A Study of the Application of Proportionality Principle in Civil Jurisdiction." In 2018 8th International Conference on Social science and Education Research (SSER 2018). Paris, France: Atlantis Press, 2018. http://dx.doi.org/10.2991/sser-18.2018.109.

Full text
APA, Harvard, Vancouver, ISO, and other styles
4

Sinyaeva, Natella. "The development and use of autonomous weapons systems regulations in armed conflicts by the international humanitarian law." In Development of legal systems in Russia and foreign countries: problems of theory and practice. ru: Publishing Center RIOR, 2021. http://dx.doi.org/10.29039/02061-6-234-250.

Full text
Abstract:
The article examines the issues of possible control, from the standpoint of international humanitarian law, at the stage of developing autonomous weapons systems. The author notes that the development of autonomous weapons systems raises serious social and ethical concerns. He considers the existing norms and principles of international humanitarian law applying to control the development and use of such systems. The author considers autonomous weapons systems from the perspective of the distinction between civilians (civilian targets) and combatants (military objects), that means precautions in attack and proportionality.
APA, Harvard, Vancouver, ISO, and other styles
5

Trykhlib, Kristina. "THE PRINCIPLE OF PROPORTIONALITY IN THE JURISPRUDENCE OF THE EUROPEAN COURT OF HUMAN RIGHTS." In EU 2020 – lessons from the past and solutions for the future. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2020. http://dx.doi.org/10.25234/eclic/11899.

Full text
APA, Harvard, Vancouver, ISO, and other styles
6

Polukhina, R. "Principle of proportionality as a fundamental principle of the international and european law in the activity of the court of arbitration for sport." In ТЕНДЕНЦИИ РАЗВИТИЯ НАУКИ И ОБРАЗОВАНИЯ. НИЦ «Л-Журнал», 2017. http://dx.doi.org/10.18411/lj-31-05-2017-45.

Full text
APA, Harvard, Vancouver, ISO, and other styles
7

Prasetiawan, Eno, Eka Widi Astuti, Helmi Amnijar, and Febryan Topo Ruru Artha. "Distinction Principle in International Humanitarian Law Related to Civilian Objects and Military Objects." In 2nd International Conference Postgraduate School. SCITEPRESS - Science and Technology Publications, 2018. http://dx.doi.org/10.5220/0007548806490652.

Full text
APA, Harvard, Vancouver, ISO, and other styles
8

Abdullayev, Ya R., and O. O. Karimzada. "The method of determination sizes of electromagnetic devices windings by considering the principle of proportionality." In 2013 IEEE 7th International Power Engineering and Optimization Conference (PEOCO). IEEE, 2013. http://dx.doi.org/10.1109/peoco.2013.6564508.

Full text
APA, Harvard, Vancouver, ISO, and other styles
9

Murtishcheva, A. O. "Coronavirus restrictions: necessary reaction to pandemic and the observance of proportionality principle (Ukrainian and other countries’ experience)." In EUROPEAN POTENTIAL FOR THE DEVELOPMENT OF LEGAL SCIENCE, LEGISLATION AND LAW ENFORCEMENT PRACTICE. Baltija Publishing, 2021. http://dx.doi.org/10.30525/978-9934-26-040-7-17.

Full text
APA, Harvard, Vancouver, ISO, and other styles
10

Ndi, George K. "‘Jus in Bello’ - The IHL Principle of Distinction in the Context of Asymmetric and Hybrid Armed Conflicts." In 6th Annual International Conference on Law, Regulations and Public Policy (LRPP 2017). Global Science & Technology Forum (GSTF), 2017. http://dx.doi.org/10.5176/2251-3809_lrpp17.46.

Full text
APA, Harvard, Vancouver, ISO, and other styles
You might also be interested in the extended bibliographies on the topic 'The principle of distinction and the principle proportionality' for particular source types:
Journal articles Dissertations / Theses Books
We offer discounts on all premium plans for authors whose works are included in thematic literature selections. Contact us to get a unique promo code!

To the bibliography