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A Farewell To Fragmentation
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Book Synopsis A Farewell to Fragmentation by : Mads Andenas
Download or read book A Farewell to Fragmentation written by Mads Andenas and published by Cambridge University Press. This book was released on 2015-10-09 with total page 605 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fragmentation has been much discussed as a threat to international law as a legal system. This book contends that the fragmentation of international law is far exceeded by its convergence, as international bodies find ways to account for each other and the interactions of emerging sub-fields. Reasserting its role as the 'principal judicial organ of the United Nations', the International Court of Justice has ensured that the centre of international law can and does hold. This process has strengthened a trend towards the reunification of international law. In order to explore this process, this book looks at fragmentation and convergence from the point of view of the centre of the International Court and of the position of other courts and tribunals. Featuring contributions by leading international lawyers from a range of backgrounds, this volume proposes both a new take and the last word on the fragmentation debate in international law.
Book Synopsis Moral Damages under International Investment Law by : Dogan Gultutan
Download or read book Moral Damages under International Investment Law written by Dogan Gultutan and published by Kluwer Law International B.V.. This book was released on 2021-12-02 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Arbitration Law Library# 62 The much-debated fragmentation of international law, most clearly manifest in the stand-alone nature of the investor-state dispute settlement regime, has produced the unfortunate side effect of an intense focus on material damages at the expense of moral damages. This timely groundbreaking book seeks to remedy the unfairness and injustice that flows from this difference in treatment by offering a thorough review of the underlying rules and principles of international law relating to moral damages claims, with a view to considering the appropriateness and possibility of convergence of the various sub-disciplines or branches of international law (e.g., international investment law and international human rights law) to preserve and protect the coherence, uniformity and stability of the international legal order. The analysis covers such central issues as the following: who should be entitled to seek moral damages; the legal test to determining moral damages claims, in respect of both substantive and evidential issues; applicability and scope of the theory of corrective justice in moral damages claims; the victim status of natural persons, corporations, and investors’ employees in investor-state disputes; quantification of moral damages; what the precise nature of the compensation ought to be; and role of the theory of law and economics in the context of moral damages claims. Decisions of international human rights courts are examined to assess, by way of comparison, the appropriateness of the stance taken by international investment tribunals. This is the first in-depth treatment of the important question of whether and under which circumstances international investment tribunals should have jurisdiction to award moral damages, as well as the remedies available and the quantification exercise guiding compensation. The analysis will prove invaluable to practitioners and academics eager to enhance their knowledge and understanding of the rules and principles applicable to moral damages claims under international investment law.
Book Synopsis A Farewell to Alms by : Gregory Clark
Download or read book A Farewell to Alms written by Gregory Clark and published by Princeton University Press. This book was released on 2008-12-29 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why are some parts of the world so rich and others so poor? Why did the Industrial Revolution--and the unprecedented economic growth that came with it--occur in eighteenth-century England, and not at some other time, or in some other place? Why didn't industrialization make the whole world rich--and why did it make large parts of the world even poorer? In A Farewell to Alms, Gregory Clark tackles these profound questions and suggests a new and provocative way in which culture--not exploitation, geography, or resources--explains the wealth, and the poverty, of nations. Countering the prevailing theory that the Industrial Revolution was sparked by the sudden development of stable political, legal, and economic institutions in seventeenth-century Europe, Clark shows that such institutions existed long before industrialization. He argues instead that these institutions gradually led to deep cultural changes by encouraging people to abandon hunter-gatherer instincts-violence, impatience, and economy of effort-and adopt economic habits-hard work, rationality, and education. The problem, Clark says, is that only societies that have long histories of settlement and security seem to develop the cultural characteristics and effective workforces that enable economic growth. For the many societies that have not enjoyed long periods of stability, industrialization has not been a blessing. Clark also dissects the notion, championed by Jared Diamond in Guns, Germs, and Steel, that natural endowments such as geography account for differences in the wealth of nations. A brilliant and sobering challenge to the idea that poor societies can be economically developed through outside intervention, A Farewell to Alms may change the way global economic history is understood.
Book Synopsis General Principles and the Coherence of International Law by : Mads Andenas
Download or read book General Principles and the Coherence of International Law written by Mads Andenas and published by BRILL. This book was released on 2019-05-20 with total page 474 pages. Available in PDF, EPUB and Kindle. Book excerpt: General Principles and the Coherence of International Law offers a comprehensive analysis of general principles of law, assessing their role in guaranteeing the coherence of the international legal system.
Book Synopsis Strengthening the UN Human Rights Treaty Bodies by : Nils-Hendrik Grohmann
Download or read book Strengthening the UN Human Rights Treaty Bodies written by Nils-Hendrik Grohmann and published by Mohr Siebeck. This book was released on 2024-03-28 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Roles of International Law in Development by : McInerney Lankford
Download or read book The Roles of International Law in Development written by McInerney Lankford and published by Oxford University Press. This book was released on 2024-02-16 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Roles of International Law in Development provides an in-depth analysis of the relationship between public international law and development. Unlike the existing body of literature on public international law, this book investigates how international law and development interact, and evaluates how significant a role international law plays in development. Bringing together a collection of perspectives from contributors working across multiple development fields, the chapters explore the relevance and applicability of international law to particular sectors and issues implicated in development activities. They analyse how international law rules and processes can influence procedural and substantive aspects of development policies as these regulate various forms of financial support, trade, technical assistance, and policy dialogue. They also explore whether, and how, development could be more effective and yield more equitable and sustainable outcomes if the relevant and applicable rules of international law were better understood, consistently incorporated, and appropriately applied in development activities. One of the foundational premises of this book is that development policy and practice should be grounded more systematically in international law, rejecting the notion that development policy is a 'self-contained' regime operating in a legal vacuum. By reflecting the substantive rules of international law, this in turn anchors development in international legal accountability.
Book Synopsis The Multi-level Governance of Space Mining by : Antonino Salmeri
Download or read book The Multi-level Governance of Space Mining written by Antonino Salmeri and published by Kluwer Law International B.V.. This book was released on 2023-02-07 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: Aerospace Law and Policy Series, Volume 24 Space mining holds the potential to revolutionize the space sector, but whether this revolution will be for good or for worse depends on how it will be governed. Under the right framework, space resource activities can enable a new era of prosperous and sustainable space exploration. But with the wrong rules (or lack thereof), they have the potential to destabilize the peaceful and cooperative uses of space. This book provides an in-depth analysis of how the systemic nature of international law, existing provisions of international space law and a growing number of national legislations are shaping the multi-level governance of space mining, including an unprecedented assessment of possible adjudication and enforcement options. The author investigates the multi-level framework of space law provision by provision, foregrounding relevant implications for the governance of space mining. Questions addressed include the following: Which national and international provisions govern the conduct of space resource activities? Are these provisions sufficient, and can they be enforced? How can we evolve the existing framework to govern large-scale, long-term space resource activities? What practical lessons can be learnt from comparable regulatory regimes governing the sea, telecommunications and Antarctica? The author moves from general to particular, beginning with the status of international law as a legal order and ending with the specific options available for enforcing norms applicable to space mining. The book concludes by evaluating the tenure of the current governance system and proposing three pragmatic correctives to stabilize it in the short, medium, and long term. Professionals and academics involved or interested in space mining will find this book indispensable. It will provide them with a full and clear picture of the regulatory status quo, as well as with expert advice on how to navigate the complex dynamics of contemporary policymaking efforts in this area. Space mining operators can further use this book to understand the implications of domestic and international provisions applicable to their activities. Finally, regulators and policymakers can leverage the analysis conducted in this book to identify the key aspects to be addressed for the safe, sustainable, rational and peaceful conduct of space resource activities in accordance with international law and as the province of all humankind.
Book Synopsis Jurisprudence in a Globalized World by : Jorge Luis Fabra-Zamora
Download or read book Jurisprudence in a Globalized World written by Jorge Luis Fabra-Zamora and published by Edward Elgar Publishing. This book was released on 2020-02-28 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Leading legal scholars and philosophers provide a breadth of perspectives and inspire stimulating debate around the transformations of jurisprudence in a globalized world. This innovative book considers modifications to jurisprudence’s methodological approaches driven by globalization, the concepts and theoretical tools required to account for putative new forms of legal phenomena, and normative issues relating to the legitimacy and democratic character of these legal orders.
Book Synopsis Promoting Renewable Energy by : Alessandro Monti
Download or read book Promoting Renewable Energy written by Alessandro Monti and published by Edward Elgar Publishing. This book was released on 2023-05-09 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This incisive book examines the interaction between international climate law and international trade law for the promotion of renewable energy. Alessandro Monti utilises the emerging principle of mutual supportiveness to inform and guide his analysis of the specific interactions between climate and trade law in the renewable energy sector.
Book Synopsis A Multifaceted Approach to Trade Liberalisation and Investment Protection in the Energy Sector by : Elena Cima
Download or read book A Multifaceted Approach to Trade Liberalisation and Investment Protection in the Energy Sector written by Elena Cima and published by BRILL. This book was released on 2021-08-04 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: In A Multifaceted Approach to Trade Liberalisation and Investment Protection in the Energy Sector, Elena Cima and Makane Moïse Mbengue assess different approaches to bridge the gap between economic and non-economic considerations in the regulation of international energy trade and investment.
Book Synopsis Exclusion from Protection as a Refugee by : Yao Li
Download or read book Exclusion from Protection as a Refugee written by Yao Li and published by BRILL. This book was released on 2017-09-12 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Human Rights in Transition by : Nehal Bhuta
Download or read book Human Rights in Transition written by Nehal Bhuta and published by Oxford University Press. This book was released on 2024-03-12 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: At a time of intense polarisation about the value of human rights, this edited volume brings together leading scholars in international law and international human rights to reflect upon the present, the recent and distant past, and the future of human rights. Human Rights in Transition combines rich theoretical reflections with practice-informed observations about human rights and their potential futures. The book eschews the polarized and one-sided approach which can too easily dominate either side of the debate. Instead, drawing on deep learning and a range of engagements with human rights institutions, the authors develop a prognosis for contours of human rights law and politics, and its impacts, in the current conjuncture. The book charts new ways to consider human rights in the concrete areas of specific rights such as social and economic rights, institutional settings (the EU and the UN treaty bodies), and agendas, namely feminism and climate change. The results are a very rich set of essays which delve deeply into specific topics in human rights law and practice, and work outwards from a rigorous analysis of the past and present, to an argument about how to think about the future. Sensitive and thought-provoking, this book will fast become a defining volume on questions about the role of human rights in the past, present, and future and will remain valuable to anyone interested in understanding, diagnosing, and ultimately acting to help bring about, the possible futures of human rights.
Book Synopsis Bibliography of the International Court of Justice by : International Court of Justice
Download or read book Bibliography of the International Court of Justice written by International Court of Justice and published by . This book was released on 2022 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication contains bibliographical details of works concerning or making reference to the International Court of Justice that were published between 2014 to 2016 and received by the Registry of the Court.
Book Synopsis The Oxford Handbook of the Theory of International Law by : Anne Orford
Download or read book The Oxford Handbook of the Theory of International Law written by Anne Orford and published by Oxford University Press. This book was released on 2016-05-26 with total page 1000 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of International Legal Theory provides an accessible and authoritative guide to the major thinkers, concepts, approaches, and debates that have shaped contemporary international legal theory. The Handbook features 48 original essays by leading international scholars from a wide range of traditions, nationalities, and perspectives, reflecting the richness and diversity of this dynamic field. The collection explores key questions and debates in international legal theory, offers new intellectual histories for the discipline, and provides fresh interpretations of significant historical figures, texts, and theoretical approaches. It provides a much-needed map of the field of international legal theory, and a guide to the main themes and debates that have driven theoretical work in international law. The Handbook will be an indispensable reference work for students, scholars, and practitioners seeking to gain an overview of current theoretical debates about the nature, function, foundations, and future role of international law.
Author :Bartosz Kuźniarz Publisher :Peter Lang Gmbh, Internationaler Verlag Der Wissenschaften ISBN 13 :9783631626771 Total Pages :0 pages Book Rating :4.6/5 (267 download)
Book Synopsis Farewell to Postmodernism by : Bartosz Kuźniarz
Download or read book Farewell to Postmodernism written by Bartosz Kuźniarz and published by Peter Lang Gmbh, Internationaler Verlag Der Wissenschaften. This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The grand narrative of capitalism continues at the beginning of the 21st century, though in a different (postmodern) key from its previous forms. In such circumstances, the New Leftist predilection for colourful peripheries - something it has unwittingly shared with postmodernism - must give way to a tendency for ethically responsible reflection.
Book Synopsis The Protection of General Interests in Contemporary International Law by : Massimo Iovane
Download or read book The Protection of General Interests in Contemporary International Law written by Massimo Iovane and published by Oxford University Press. This book was released on 2021 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the notions of global public goods, global commons, and fundamental values as conceptual tools for the protection of the general interests of the international community. It explores how states and other actors have used international law to protect general interests, and outlines significant challenges still to be addressed.
Book Synopsis The European Convention on Human Rights and General International Law by : Anne van Aaken
Download or read book The European Convention on Human Rights and General International Law written by Anne van Aaken and published by Oxford University Press. This book was released on 2018-10-04 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Court of Human Rights is one of the main players in interpreting international human rights law where issues of general international law arise. While developing its own jurisprudence for the protection of human rights in the European context, it remains embedded in the developments of general international law. However, because the Court does not always follow general international law closely and develops its own doctrines, which are, in turn, influential for national courts as well as other international courts and tribunals, a feedback loop of influence occurs. This book explores the interaction, including the problems arising in the context of human rights, between the European Convention on Human Rights and general international law. It contributes to ongoing debates on the fragmentation and convergence of international law from the perspective of international judges as well as academics. Some of the chapters suggest reconciling methods and convergence while others stress the danger of fragmentation. The focus is on specific topics which have posed special problems, namely sources, interpretation, jurisdiction, state responsibility and immunity.
