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Legal Dynamics of EU External Relations: Dissecting a Layered Global Player (Springer Textbooks in Law)
by Henri de WaeleThis volume offers a concise yet thorough picture of the principles of EU external relations law. By carefully examining the role of the Union on the global scene, it aims to provide a systematic overview of the relevant rules and competences, reflecting on the legal developments in their political and societal context. The book contains up-to-date analyses of inter alia the Common Foreign and Security Policy, the Common Security and Defence Policy and the Common Commercial Policy. Moreover, it devotes specific attention to the EU's external powers as regard the environment, fundamental rights and development cooperation. In addition, it includes a dedicated chapter exploring the relations with neighbouring countries, as well as one that elucidates the complex interplay between rules of domestic, European and international provenance. One of the work’s key assets is how reflections on the law are interwoven with, and supplemented by, insights from adjacent disciplines like international studies, political science, and public administration. The third edition, like its predecessors, continues to have an undergraduate readership in mind. The inclusion of chapter overviews, clarifying boxes, and countless topical examples should prove extra enlightening for those audiences. The book managed to attract particular praise earlier for its lucid style and great accessibility. As before, its compact dimensions, transparent design and comprehensive approach should enable users to master the central features of this gripping field of law with ease. Newly appearing in the Springer Textbooks in Law series, it remains an invaluable resource for students and lecturers alike.
Legal Education and Public Policy
by Harold D. LasswellIn spite of a cascade of criticism launched against the social sciences, they have brought a qualitative improvement in method and theory to the study of human beings and human relations. In the process of developing now commonplace foundations of social research few individuals have exercised a greater role in justifying and enriching social scientific thought and practice than Harold D. Lasswell. Originally published in 1945 as The Analysis of Political Behaviour, this extraordinary volume has been re-titled Legal Education and Public Policy. The selections acknowledge Lasswell's growing anxieties about a world of revolution, violence, and terror, and the frailties of law in addressing such matters. That he did so without recourse to vague and fatuous appeals to world law and world order is an indication of how close to empirical realities he remained. Lasswell's essays fuse the legal and moral in the conduct of public policy. This did not deter him from arguing the case for and ultimate benefits of democratic values as a ground for legal thought. Lasswell singles out the interviewing technique of the psychiatrist, what he calls -the insight interview- in many of these essays. The Freudian world opened up the possibilities of analysis to political scientists who, prior to Lasswell, viewed neuroses in the leaders they studied but without normative points to measure their own biases. Lasswell's essays serve as a landmark in accelerating rapid advance in social science research. It allowed for the evolution of political behavior that has catapulted the field to a major dimension of political science studies in leadership and mass persuasion.
Legal Empowerment in Informal Settlements: Grassroots Experiences in the Global South
by Adrian Di GiovanniThis book investigates grassroots, community-led justice strategies – known as legal empowerment – being used to promote the human rights of people living in informal settlements in the Global South.Residents of informal settlements, also known as slums or favelas, encounter a complex array of human rights violations; from systemic discrimination by public officials, to threats to physical security from forced evictions, or arbitrary arrests, to a lack of access to basic services such as housing, water, sanitation, and education. This book shows how grassroots justice organizations around the world are working with residents to defend their rights and secure more dignified living conditions. Drawing on original empirical research across 10 countries in Africa, Asia, and Latin America, the book demonstrates how legal empowerment can put residents at the centre of holistic approaches to urban development and confront exclusionary and undemocratic systems of governance. The book encompasses practical recommendations and strategies such as rights-based approaches to informality, participation, community mobilization and litigation.Bridging the gaps between the law on the books and the harsh realities of informality on the ground, this book will be an important read for researchers, practitioners, and policymakers, working in realms of social and economic rights, access to justice and urban poverty and development.
Legal Ethics and the Attorney General: A Canadian Analysis
by Andrew Flavelle MartinIn Canada, the Attorney General holds a complex and unique role within the federal, provincial, and territorial governments. Despite this key position, there is relatively little knowledge and understanding of the role and professional responsibilities of the Attorney General among the public, the media, policymakers, and politicians – including at least some Attorney Generals themselves. Legal Ethics and the Attorney General adopts a doctrinal approach to examine and explain how legal ethics, and particularly the law of lawyering, applies to the Attorney General. The book illustrates that, while the role of the Attorney General is unique, the individual occupying this position practises law and should be held to the same standards as any other lawyer. It addresses common misconceptions: that the Attorney General is not truly a lawyer, that actions deemed wrongful for other lawyers may not be considered wrongful for the Attorney General, or that the accountability measures appropriate for lawyers do not apply to the Attorney General. Ultimately, Legal Ethics and the Attorney General reveals the importance of the accountability of the Attorney General, especially to the provincial and territorial law societies that serve as regulators of the legal profession. This accountability is essential not only for upholding the rule of law but also for enabling these societies to fulfil their statutory mandates to regulate the legal profession in the public interest.
Legal Form and the End of Law: Pashukanis's Legacy (Nomos Studies in Law, Culture and Power)
by Cosmin Cercel Przemysław Tacik Gian-Giacomo FuscoFollowing the 100th anniversary of Pashukanis’ General Theory of Law and Marxism (1924), this volume aims to breathe new life into the main category of Pashukanian legacy, the concept of legal form. This book offers new, deeper and more general, ways in which the concept of legal form can be used to push forward Marxist – post-Marxist or hauntingly Marxist – legal theory. Accordingly, this book does not pledge allegiance to reconstructing and reconsidering the official interpretative legacy of the legal form. Instead, it mobilises the revolutionary conceptual potentialities that this term contains. When investigated thoroughly, and in many dimensions, the legal form becomes a privileged vantage point not only into the greatest law-related riddles of Marxism (such as the relation between economy and the state or withering away of statal apparatuses), but the whole of modernity as the epoch determined by – if not overlapping with – capitalism. This book aims to think with the legal form rather than explain this concept. In so doing, it offers a panoply of theoretical perspectives that address legal subjectivity, abstraction, autonomy of the law and, last but not least, withering away of the law. This contemporary interrogation of the relevance of the concept of legal form will be of considerable interest to scholars and students of legal and political theory.
Legal Form: Pashukanis and the Marxist Critique of Law (Nomos Studies in Law, Culture and Power)
by Cosmin Cercel Przemysław Tacik Gian-Giacomo FuscoA century after the publication of Evgeny Pashukanis’ pivotal book General Theory of Law and Marxism, this collection presents a comprehensive account and analysis of his key concept of legal form.Evgeny Pashukanis’ General Theory, born amidst the fervour of the first socialist revolution, remains still a crucial reference point in Marxist theories of the law and critical legal theory. Its theoretical depth paved the way for new understandings of the relationship between Marxism and the law. Its crucial virtue continues to be, even after a century, the ability to articulate epochal concerns in the context of a socialist revolution that turned hitherto theoretical problems into dilemmas of practice. This book returns to Pashukanis’ main concept: ‘legal form’. Through this jurisprudential category Pashukanis aimed to grasp the dependence of the law on the economy, and at the same time, to enquire into the degree to which the law preserves its autonomy from economic relations. In other words, the legal form as a concept conveys both the law’s dependence on the economic sphere of exchange and its greatest inherent specificity: the way it translates economic relations into its proper language and set of legal/ideological constructs. The contributions to this volume provide a range of perspectives on how the concept of legal form has been developed and reinterpreted.Including the first English translation of Pashukanis’ essay, ‘Hegel, State and Law’, this collection will be of considerable interest to scholars and students of legal and political theory.
Legal Gladiator: The Life of Alan Dershowitz
by Solomon SchmidtThe only biography of America&’s most controversial lawyer.Legal Gladiator is the story of perhaps the greatest lawyer in American history. It is the story of a poor, failing high schooler from Brooklyn who became the youngest professor in the history of Harvard Law School, where Ted Cruz, Natalie Portman, Mike Pompeo, Jamie Raskin, and others sat under his tutelage. It is the story of a passionate Zionist who advocated for Israel on the world stage and became a confidant of Israeli prime ministers, including Benjamin Netanyahu. And it is the story of a zealous young liberal who, as an old man, stood in front of the Senate to declare that they would be violating the Constitution by removing a Republican president he himself opposed. As a lawyer, Alan Dershowitz has had a major impact on the most notorious legal cases in modern U.S. history. From Claus von Bulow to Mike Tyson to O.J. Simpson to Jeffrey Epstein to Donald Trump, he has devoted his life to championing the bedrock principle of the American justice system: that every person—no matter how despised—has the right to a rigorous legal defense. Legal Gladiator explores Dershowitz&’s rise to prominence, gives the inside story of his most high-profile cases and controversies, and provides a shockingly intimate look into his personal life. Dershowitz gave author Solomon Schmidt unprecedented access to his personal and professional life, including his private archives at Brooklyn College and dozens of interviews with him virtually and in New York City, Miami, Martha&’s Vineyard, and Israel. This book includes exclusive interview content from Bob Shapiro, Jeffrey Toobin, Israeli Prime Minister Ehud Olmert, Glenn Greenwald, Rep. Jamie Raskin, Eliot Spitzer, Justice Stephen Breyer, Mike Huckabee, Woody Allen, Noam Chomsky, Jared Kushner, Geraldo Rivera, Mark Levin, Mike Pompeo, Megyn Kelly, Mike Tyson, Ted Cruz, Robert F. Kennedy Jr., O.J. Simpson, and Donald Trump, among others.
Legal Guide for Lesbian & Gay Couples, A
by Emily Doskow Frederick HertzProtect yourself and your loved one with sound legal planning Gay and lesbian couples have gained a lot of legal ground in recent years. Although same-sex marriage is now legal across the U.S.,laws governing civil unions and domestic partnerships vary from state to state. So it's still important to define and protect your relationship in the eyes of the law--and A Legal Guide for Lesbian & Gay Couples can help. This plain-English guide shows you how to: structure your relationship with a contract jointly buy a house or other property make practical decisions about living together, marrying, or registering as legal partners make a will or living trust make medical decisions for each other if needed have and raise children through adoption, donors, surrogacy, or foster parenting, and deal with the end of a relationship. The 18th edition is completely revised to provide the latest on same-sex marriage, domestic partnerships, and civil unions, and new information regarding parentage laws. All forms are now downloadable via a special link at nolo.com.
Legal Hermeneutics: History, Theory, and Practice
by Gregory LeyhThis title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1992.
Legal History and Comparative Law: Essays in Honour of Albert Kilralfy
by Richard PlenderFirst Published in 1990. Routledge is an imprint of Taylor & Francis, an informa company.
Legal Instruments for Sustainable Soil Management in Africa (International Yearbook of Soil Law and Policy)
by Harald Ginzky Oliver C. Ruppel Emmanuel Kasimbazi Hadijah Yahyah Robert KibugiThis book presents an important discussion on future options for sustainable soil management in Africa from various perspectives, including national soil protection regulations, the role of tenure rights, the work of relevant international institutions such as the UNCCD and FAO, and regional and international cooperation. This first volume of the new subseries Regional Perspectives to the International Yearbook of Soil Law and Policy includes contributions by African and international experts alike. Given the range of key topics covered, the book offers an indispensable tool for all academics, legislators and policymakers working in this field. The “International Yearbook of Soil Law and Policy – Regional Perspectives” series discusses central questions in law and politics that concern the protection and sustainable management of soil and land in different regions of the world.
Legal Issues in Social Work Practice and Research
by Sana LoueThis highly practical text surveys the myriad legal and ethical issues that social workers encounter both in daily practice and under special circumstances. Its initial section presents concepts in law and ethics that unite practitioners, researchers, and academics in the field, such as confidentiality, informed consent, and the interplay between social work and administrative and judicial systems. A selection of representative cases illustrates legal aspects involved in providing services to families, children, elders, and persons with disabilities. Also included are chapters on advocacy in social work, both in its potential to influence policy and on the global stage as part of the ongoing struggle for human rights and dignity.Among the topics covered:Confidentiality and the social worker-client relationshipLiability issues for social workers in the clinical contextLegal issues arising in the context of social work researchThe social worker and forensic social workSocial worker involvement in access to school and school servicesSocial work in the context of health careLegal issues working with immigrants, refugees, and asyleesThe interface between social work and human rightsLegal Issues in Social Work Practice and Research is an interdisciplinary text aimed at social work, mental health, and legal professionals. It enhances the power of social work as an integrative system to support clients’ rights and agency.
Legal Issues of International Law from a Gender Perspective (Gender Perspectives in Law #3)
by Ivana Krstić Marco Evola Maria Isabel Ribes MorenoThis book offers a new perspective on international law, which was, for centuries, male-dominant and gender-blind. However, this gender blindness has led to many injustices, the failure to recognize certain rights, and to impunity for serious crimes. The book examines the development of gender perspectives in various branches of international law, while also discussing and explaining certain universal standards. However, particular attention is paid to the European human rights system. Accordingly, the book provides detailed explanations of the EU’s external policies in relation to sex, sexual orientation, and gender identity. Also, there is a special focus on the relevant jurisprudence of the European Court of Human Rights in relation to gender and sexual orientation, female reproduction, and sexuality. The authors explain not only the importance of an adequate legal framework for combating gender inequality but also the detrimental effects of deeply rooted gender stereotypes and prejudices. Subsequently, the development of particular branches is presented, such as a gender-sensitive approach to the prevention of war crimes, gender perspectives in refugee law, and the evolution of gender-sensitive environmental law. In addition, the problematic situation of discrimination in the workplace is addressed from various perspectives. Many discussions, especially among EU member states, are reserved for the issue of women’s participation in managerial boards, while the growing awareness of gender equality in international trade agreements represents another interesting topic. Lastly, the book offers a historical perspective on the development of international law in the interwar period, with a particular focus on the situation in Yugoslavia. The book critically reconsiders the dominant molds of legal knowledge and presents innovative gender-sensitive and gender-competent insights on a variety of issues in international law, in order to introduce readers to new research topics relevant to gender equality and to stimulate the development of an international legal and institutional framework for achieving greater gender equality in practice. The collection of essays presented here will be of interest to all those working in the field of international law, as well as students and academics looking to broaden and deepen their research on a range of issues in international law from gender perspectives.
Legal Issues on Climate Change and International Trade Law
by Deok-Young ParkThis book provides anexcellent overview of the legal issues surrounding climate change mitigationand international trade law. It surveys key observed and potential challengesposed by responses to climate change in terms of international trade law. By examiningthe controversial issues seen in legal cases in which domestic climate changeor renewable energy measures conflicted with international trade regimes, thisvolume promotes and broadens the understanding and debate of the issues. Beyondthe recognized challenges, this book uncovers potential areas of conflictbetween climate change responses and international trade promotion by exploringprevious cases and current efforts to prevent climate change. Furthermore, thisvolume sheds light on the future direction of international trade law andclimate change responses, pointing out that the development of climate changeor renewable energy laws and policies must also consider international traderegimes in order to ensure the smooth implementation of said laws and policiesand guarantee that international trade laws do not restrict environmentalpolicy space.
Legal Literacy: An Introduction to Legal Studies
by Archie ZariskiTo understand how the legal system works, students must consider the law in terms of its structures, processes, language, and modes of thought and argument—in short, they must become literate in the field. Legal Literacy fulfills this aim by providing a foundational understanding of key concepts such as legal personhood, jurisdiction, and precedent, and by introducing students to legal research and writing skills. Examples of cases, statutes, and other legal materials support these concepts. While Legal Literacy is an introductory text, it also challenges students to consider critically the system they are studying. Touching on significant socio-legal issues such as access to justice, legal jargon, and plain language, Zariski critiques common legal traditions and practices, and analyzes what it means “to think like a lawyer.” As such, the text provides a sound basis for those who wish to pursue further studies in law or legal studies as well as those seeking a better understanding of how the legal field relates to the society that it serves.
Legal Memories And Amnesias In America's Rhetorical Culture
by Marouf Arif HasianIn Legal Memories and Amnesias in America's Rhetorical Culture, Marouf Hasian, Jr. critically examines the rhetoric of law--specifically, the shifting lines between the notions of liberty and license. Hasian, Jr. explores how such issues as immigration, labor, national identity, race, and genetics have caused society to change how it thinks about, and uses, laws. In Legal Memories and Amnesias in America's Rhetorical Culture, Marouf Hasian, Jr. critically examines the rhetoric of law--specifically, the shifting lines between the notions of liberty and license. Hasian, Jr. explores how issues such as immigration, labor, national identity, race, and genetics have caused society to change how it thinks about, and uses, laws. The author builds on critical race theory, feminist studies of the law, and critical legal studies, and he uses a case study framework that covers topics such as Sarah Roberts and the separate but equal doctrine, John Brown's enactment of natural law at Harper's Ferry, Typhoid Mary Mallon, the Holocaust, Susan Smith, the human genome project, and Rosewood. All of the aforementioned are tied together by an introduction that clearly delineates the basic theoretical stance of the book. Without a doubt, the subject of this book is provocative, timely, and timeless.
Legal Mobilization Under Authoritarianism
by Waikeung TamLegal mobilization is the process by which individuals invoke their legal rights and use litigation to defend or develop these rights against the government. In recent years, increasing attention has been paid to this phenomenon as it occurs under authoritarian regimes. It is often suggested that, in such situations, legal mobilization is caused by the strategic interests of the ruling elites. Using the case study of post-colonial Hong Kong, where legal mobilization has by no means unfolded as political authorities would wish, Waikeung Tam casts doubt on this contention. To do so, he examines in depth why and how legal mobilization arises under authoritarianism. Tam analyses quantitative data of changes in the Hong Kong judiciary agendas over the last three decades and uses detailed interviews with activists, politicians, cause lawyers, judges and government officials to reveal the complex underlying socio-political forces at play.
Legal Naturalism: A Marxist Theory of Law
by Olufemi TaiwoLegal Naturalism advances a clear and convincing case that Marx's theory of law is a form of natural law jurisprudence. It explicates both Marx's writings and the idea of natural law, and makes a forceful contribution to current debates on the foundations of law. Olufemi Taiwo argues that embedded in the corpus of Marxist writing is a plausible, adequate, and coherent legal theory. He describes Marx's general concept of law, which he calls "legal naturalism." For Marxism, natural law isn't a permanent verity; it refers to the basic law of a given epoch or social formation which is an essential aspect of its mode of production. Capitalist law is thus natural law in a capitalist society and is politically and morally progressive relative to the laws of preceding social formations. Taiwo emphasizes that these formations are dialectical or dynamic, not merely static, so that the law which is naturally appropriate to a capitalist economy will embody tensions and contradictions that replicate the underlying conflicts of that economy. In addition, he discusses the enactment and reform of "positive law"--law established by government institutions--in a Marxian framework.
Legal Orientalism
by Teemu RuskolaAfter the Cold War, how did China become a global symbol of disregard for human rights, while the U. S positioned itself as the chief exporter of the rule of law? Teemu Ruskola investigates globally circulating narratives about what law is and who has it, and shows how “legal Orientalism” developed into a distinctly American ideology of empire.
Legal Passing: Navigating Undocumented Life and Local Immigration Law
by Angela S. GarcíaLegal Passing offers a nuanced look at how the lives of undocumented Mexicans in the US are constantly shaped by federal, state, and local immigration laws. Angela S. García compares restrictive and accommodating immigration measures in various cities and states to show that place-based inclusion and exclusion unfold in seemingly contradictory ways. Instead of fleeing restrictive localities, undocumented Mexicans react by presenting themselves as “legal,” masking the stigma of illegality to avoid local police and federal immigration enforcement. Restrictive laws coerce assimilation, because as legal passing becomes habitual and embodied, immigrants distance themselves from their ethnic and cultural identities. In accommodating destinations, undocumented Mexicans experience a localized sense of stability and membership that is simultaneously undercut by the threat of federal immigration enforcement and complex street-level tensions with local police. Combining social theory on immigration and race as well as place and law, Legal Passing uncovers the everyday failures and long-term human consequences of contemporary immigration laws in the US.
Legal Path Dependence and the Long Arm of the Religious State: Sodomy Provisions and Gay Rights across Nations and over Time
by Udi Sommer Victor AsalBringing together theoretical perspectives from both comparative politics and public law, this book examines the reasons why certain countries criminalize same-sex activities while others have carved into law the requirement that sexual minority communities be protected. The authors break new ground by using cross-national yearly data over decades—focusing on sodomy laws, death penalty provisions for same-sex sexual relations, and sexual discrimination practices—to develop a Gay Rights Index comparing treatment of such groups in various parts of the world. The book includes legal and large-N analyses, historical examples, and case studies underscoring important changes and key trends during the last several decades. Also highlighted are the significant human rights violations still being committed in various parts of the world against sexual minorities, and the continuing role religion plays.
Legal Pluralism in Indonesia: Bridging the Unbridgeable (Routledge Contemporary Southeast Asia Series)
by Ratno LukitoWith the revival of Islamic law and adat (customary) law in the country, this book investigates the history and phenomenon of legal pluralism in Indonesia. It looks at how the ideal of modernity in Indonesia has been characterized by a state-driven effort in the post-colonial era to make the institution of law an inseparable part of national development. Focusing on the aspects of political and ‘conflictual’ domains of legal pluralism in Indonesia, the book discusses the understanding of the state’s attitude and behaviour towards the three largest legal traditions currently operative in the society: adat law, Islamic law and civil law. The first aspect is addressed by looking at how the state specifically deals with Islamic law and adat law, while the second is analysed in terms of actual cases of private interpersonal law, such as interfaith marriage, interfaith inheritance and gendered inheritance. The book goes on to look at how socio-political factors have influenced the relations between state and non-state laws, and how the state’s strategy of accommodation of legal pluralism has in fact largely depended on the extent to which those legal traditions have been able to conform to national ideology. It is a useful contribution for students and scholars of Asian Studies and Law.
Legal Pluralism: New Trajectories in Law (ISSN)
by Jennifer Hendry Alex GreenThis book examines the development and fundamental nature of legal pluralism. Legal pluralism evokes two distinctions: ‘state’ vs ‘non-state’ law; and ‘law’ vs ‘non-law’. As such, although this book focuses upon circumstances in which two or more legal orders compete to govern the same social space, it also addresses the nature of law in general. Drawing on material conflicts arising within jurisdictions such as Australia, Burundi, Cameroon, Gambia, the United States, and Zambia, this book explores the conceptual, moral, and political challenges that legal pluralism creates. Emphasising that non-state law carries no less dignity than that often ascribed to the legal orders of contemporary states, it advances a theoretically sophisticated argument in favour of recognising and respecting genuine cases of legal pluralism, wherever they arise. Accessible and thought provoking, this book will appeal to legal scholars, anthropologists, sociologists, and political and social philosophers as well as practising lawyers, judges, and policymakers who deal with issues of legal pluralism.
Legal Positivism in a Global and Transnational Age (Law and Philosophy Library #131)
by Luca Siliquini-CinelliA theme of growing importance in both the law and philosophy and socio-legal literature is how regulatory dynamics can be identified (that is, conceptualised and operationalised) and normative expectations met in an age when transnational actors operate on a global plane and in increasingly fragmented and transformative contexts. A reconsideration of established theories and axiomatic findings on regulatory phenomena is an essential part of this discourse. There is indeed an urgent need for discontinuity regarding what we (think we) know about, among other things, law, legality, sovereignty and political legitimacy, power relations, institutional design and development, and pluralist dynamics of ordering under processes of globalisation and transnationalism.Making an important contribution to the scholarly debate on the subject, this volume features original and much-needed essays of theoretical and applied legal philosophy as well as socio-legal accounts that reflect on whether legal positivism has anything to offer to this intellectual enterprise. This is done by discussing whether global and transnational cultural, socio-political, economic, and juridical challenges as well as processes of diversification, fragmentation, and transformation (significantly, de-formalisation) reinforce or weaken legal positivists’ assumptions, claims, and methods. The themes covered include, but are not limited to, absolute and limited state sovereignty; the ‘new international legal positivism’; Hartian legal positivism and the ‘normative positivist’ account; the relationship between modern secularisation, social conventionalism, and meta-ontological issues of temporality in postnational jurisprudence; the social positivisation of human rights; the formation and content of jus cogens norms; feminist critique; the global and transnational migration of principles of justice and morality; the Vienna Convention on the Law of Treaties rule of interpretation; and the responsibility of transnational corporations.
Legal Principles in WTO Disputes
by Andrew D. MitchellPrinciples play a crucial role in any dispute settlement system, and the World Trade Organization (WTO) is no exception. However, WTO Panels and the Appellate Body have been too timid in using principles, sometimes avoiding their use when appropriate and at other times using them without fully acknowledging that they are doing so. Perhaps more worryingly, these bodies often fail to delve deeply enough into principles. They tend to overlook key questions such as the legal basis for using a given principle, whether the principle is being used in an interpretative manner or as applicable law, and the meaning of the principle in public international law. This book establishes a framework for addressing these questions. The use of such a framework should allay fears and misconceptions about the use of principles and ensure that they are used in a justifiable manner, improving the quality of dispute settlement in the WTO.