888 resultados para IOSCO principles
Resumo:
General principles are en vogue in EU law – and in need of conceptual clarification. A closer look at several concepts of principle in legal philosophy and legal theory sheds light upon the concept of general principles in EU law. A distinction between an aprioristic model of principle and a model of principle informed by legal positivism may contribute to clarifying the genesis of a (general) principle in EU law, as well as its nature and functions. This paper demonstrates that an evolution has taken place from a reliance on seemingly natural law inspired reflections of general principles via the desperate search to ground general principles in various kinds of sources based on a more or less sound methodology towards an increasing reliance on strictly positivistic approaches. Against this backdrop, general principles are likely to lose significance where there are other norms while retaining an important yet uncontrollable role where the traditional canon of sources is silent.
Resumo:
Forty years after world leaders from Vancouver to Vladivostok signed up to the ten principles of the Helsinki Final Act, in this CEPS Essay Erwan Fouéré considers the historic significance of the agreement that laid the foundations for today’s Organization for Security and Co-operation in Europe. The author concludes with a number of recommendations that recall the principles of the Helsinki Final Act of 1975 and argues that, if participating states are willing to uphold them, these principles have even greater relevance today for the resolution of Europe’s complex and protracted conflicts.