Non-Retroactivity as a General Principle of Law

This article examines the principle of non-retroactive application of law, which prohibits the application of law to events that took place before the law was introduced. The application of this principle has become particularly controversial as states adopt stricter regulations to tackle climate ch...

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Autores principales:	Yarik Kryvoi, Shaun Matos
Formato:	article
Lenguaje:	EN
Publicado:	Utrecht University School of Law 2021
Materias:	international law legal certainty 'ex post facto' laws retroactivity retroactive laws environmental law dispute resolution Law in general. Comparative and uniform law. Jurisprudence K1-7720
Acceso en línea:	https://doaj.org/article/8a202d10f5fa4f89af6d4d69a91c19da
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id	oai:doaj.org-article:8a202d10f5fa4f89af6d4d69a91c19da
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spelling	oai:doaj.org-article:8a202d10f5fa4f89af6d4d69a91c19da2021-11-08T08:17:04ZNon-Retroactivity as a General Principle of Law1871-515X10.36633/ulr.604https://doaj.org/article/8a202d10f5fa4f89af6d4d69a91c19da2021-05-01T00:00:00Zhttps://www.utrechtlawreview.org/articles/604https://doaj.org/toc/1871-515XThis article examines the principle of non-retroactive application of law, which prohibits the application of law to events that took place before the law was introduced. The application of this principle has become particularly controversial as states adopt stricter regulations to tackle climate change with retroactive effect, and investors challenge such regulations before international courts and tribunals. In the context of criminal law, the principle is widespread and has become a binding norm of international law. However, a survey of domestic jurisdictions and decisions of international courts and tribunals shows that that there is no general principle of international law which forbids the retroactive application of administrative law. Despite pronouncements of some international courts and tribunals to the contrary, states can conclude treaties and adopt administrative regulations with retroactive effect to pursue legitimate public policy objectives.Yarik KryvoiShaun MatosUtrecht University School of Lawarticleinternational lawlegal certainty'ex post facto' lawsretroactivityretroactive lawsenvironmental lawdispute resolutionLaw in general. Comparative and uniform law. JurisprudenceK1-7720ENUtrecht Law Review, Vol 17, Iss 1 (2021)
institution	DOAJ
collection	DOAJ
language	EN
topic	international law legal certainty 'ex post facto' laws retroactivity retroactive laws environmental law dispute resolution Law in general. Comparative and uniform law. Jurisprudence K1-7720
spellingShingle	international law legal certainty 'ex post facto' laws retroactivity retroactive laws environmental law dispute resolution Law in general. Comparative and uniform law. Jurisprudence K1-7720 Yarik Kryvoi Shaun Matos Non-Retroactivity as a General Principle of Law
description	This article examines the principle of non-retroactive application of law, which prohibits the application of law to events that took place before the law was introduced. The application of this principle has become particularly controversial as states adopt stricter regulations to tackle climate change with retroactive effect, and investors challenge such regulations before international courts and tribunals. In the context of criminal law, the principle is widespread and has become a binding norm of international law. However, a survey of domestic jurisdictions and decisions of international courts and tribunals shows that that there is no general principle of international law which forbids the retroactive application of administrative law. Despite pronouncements of some international courts and tribunals to the contrary, states can conclude treaties and adopt administrative regulations with retroactive effect to pursue legitimate public policy objectives.
format	article
author	Yarik Kryvoi Shaun Matos
author_facet	Yarik Kryvoi Shaun Matos
author_sort	Yarik Kryvoi
title	Non-Retroactivity as a General Principle of Law
title_short	Non-Retroactivity as a General Principle of Law
title_full	Non-Retroactivity as a General Principle of Law
title_fullStr	Non-Retroactivity as a General Principle of Law
title_full_unstemmed	Non-Retroactivity as a General Principle of Law
title_sort	non-retroactivity as a general principle of law
publisher	Utrecht University School of Law
publishDate	2021
url	https://doaj.org/article/8a202d10f5fa4f89af6d4d69a91c19da
work_keys_str_mv	AT yarikkryvoi nonretroactivityasageneralprincipleoflaw AT shaunmatos nonretroactivityasageneralprincipleoflaw
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Non-Retroactivity as a General Principle of Law

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