the judicial practice of the international courts and tribunals – especiallyinternational court of justice – as the most important official entities forsurveying and identifying legal rules, has always been a valuable source inthe recognition of customary international law. in the recent decades, as aresult of developments caused by improving human concepts and humanityprinciples in the interna...

normative constitution is the highest law system and the consistency of this system requires, following the rules below from the superior rules. from this view, preservation of the constitution as the fundamental law governing the legal system of each country needs to legal ways of controlling instruments. this process is followed from two distinct complementary routes of constitutionalization ...

punitive damages are not compensation for injury and is levied to punish reprehensible conduct of defendant and to deter its future occurrence. common law is the base of this approach. according to the u.k. house of lords, there are some restrictions in levying this kind of damage. these restrictions have been fully respected by the courts of all the commonwealth states except australia and the...

this sentence is what a prominent english judge has said about the power of judges in dealing with cases in english law. an example of this power can be found in contractual terms for damages called penalties and liquidated damages. as it is expected, contracts are basically made to be performed and not to be avoided according to the whims of market fluctuation. however, the adherence to freedo...

in the system of international law, individuals enjoy some rights and states are initially obliged to grant of these rights, especially in the field of human rights and humanitarian law. if this obligation is not fulfilled, the responsible state has to compensate the injured individuals based on special rules of treaty laws and general rules of international responsibility, including customary ...