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An Economic Analysis Of Territorial Sovereignty In International Law
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Book Synopsis An Economic Analysis of Territorial Sovereignty in International Law by : Abraham Bell
Download or read book An Economic Analysis of Territorial Sovereignty in International Law written by Abraham Bell and published by . This book was released on 2013 with total page 33 pages. Available in PDF, EPUB and Kindle. Book excerpt: The laws of territorial sovereignty are among the earliest to have been developed in modern international law, and are among the most important. While this would seem to indicate the potential attractiveness of normative economic analyses of the laws of territorial sovereignty, there is unfortunately little scholarship on territorial sovereignty law that utilizes the insights of economic analysis.This essay aims to begin filling that gap by utilizing insights from a related field of private law: property. The doctrines of territorial sovereignty bear a strong resemblance to the laws of property in municipal law. Territorial sovereignty, like property; contains rules of acquisition, transfer, and abandonment. It uses chains of title to evaluate claims, and adopts standard property maxims such as nemo dat quod non habet, (one cannot transfer what one does not have). The Essay presents several areas of research in the field of property law that can fruitfully be incorporated into economic analysis of territorial sovereignty, and suggests the means for incorporating the insights. Unfortunately, economic analysis of property law can only partially fill the gaps in analysis of territorial sovereignty. Many of the concerns of the law of territorial sovereignty differ significantly from those of property. The Essay, thus, considers future potential directions for research, and concludes with observations on the limitations of the analogy between property and territorial sovereignty.
Book Synopsis Economic Analysis of International Law by : Eugene Kontorovich
Download or read book Economic Analysis of International Law written by Eugene Kontorovich and published by Edward Elgar Publishing. This book was released on 2016-07-29 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through original and incisive contributions from leading scholars, this book applies economics and other rational choice methods to an understanding of public international law, providing a bird’s eye view of some of its most fundamental elements from the perspective of economics. The chapters cover a range of topics, beginning with the building blocks of the nation state and continuing with the sources and the enforcement of international law and its various applications and extensions. The application of economic analysis to public international law is still in its formative stages and Economic Analysis of International Law provides a useful overview, as well as setting directions for new research. This volume provides a path through recent literature while identifying new areas and issues for research, making it an invaluable resource for scholars of public international law.
Book Synopsis Territorial Acquisition, Disputes and International Law by : Surya P. Sharma
Download or read book Territorial Acquisition, Disputes and International Law written by Surya P. Sharma and published by BRILL. This book was released on 2024-01-15 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes the traditional criteria of territorial acquisition and demonstrates their inadequacies in the modern context. It also addresses contemporary territorial doctrines and conflicts. It regards territorial acquisition as a comprehensive process involving various considerations leading to the establishment or transfer of exclusive control over territory. This approach has many advantages and adds to the development of the law of territorial acquisition. The author also provides an analysis of the claims and counter-claims in major contemporary territorial disputes and suggests appropriate legal perspectives bearing upon decision-making in regard to them. This book will be highly useful to students, academics and practitioners in the field of international law, as well as all governments and institutions dealing with territorial matters.
Book Synopsis Territorial Acquisition, Disputes, and International Law by : Surya Prakash Sharma
Download or read book Territorial Acquisition, Disputes, and International Law written by Surya Prakash Sharma and published by Martinus Nijhoff Publishers. This book was released on 1997-02-05 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes the traditional criteria of territorial acquisition and demonstrates their inadequacies in the modern context. It also addresses contemporary territorial doctrines and conflicts. It regards territorial acquisition as a comprehensive process involving various considerations leading to the establishment or transfer of exclusive control over territory. This approach has many advantages and adds to the development of the law of territorial acquisition. The author also provides an analysis of the claims and counter-claims in major contemporary territorial disputes and suggests appropriate legal perspectives bearing upon decision-making in regard to them. This book will be highly useful to students, academics and practitioners in the field of international law, as well as all governments and institutions dealing with territorial matters.
Book Synopsis Territorial Disputes and State Sovereignty by : Jorge E. Núñez
Download or read book Territorial Disputes and State Sovereignty written by Jorge E. Núñez and published by Routledge. This book was released on 2020-05-11 with total page 161 pages. Available in PDF, EPUB and Kindle. Book excerpt: Adopting a multi-disciplinary approach, this book opens new ground for research on territorial disputes. Many sovereignty conflicts remain unresolved around the world. Current solutions in law, political science and international relations generally prove problematic to at least one of the agents part of these differences. Arguing that disputes are complex, multi-layered and multi-faceted, this book brings together a global, inter-disciplinary view of territorial disputes. The book reviews the key conceptual elements central to legal and political sciences with regards to territorial disputes: state, sovereignty and self-determination. Looking at some of the current long-standing disputes worldwide, it compares and contrasts the many issues at stake and the potential remedies currently available in order to assess why some territorial disputes remain unresolved. Finally, it offers a set of guidelines for dispute settlement and conflict resolution that current remedies fail to provide. It will appeal to students and scholars working in international relations, legal theory and jurisprudence, public international law and political sciences.
Book Synopsis Internationally Administered Territories - International Protectorates? by : Daniel Sven Smyrek
Download or read book Internationally Administered Territories - International Protectorates? written by Daniel Sven Smyrek and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The author begins his survey by offering the reader an overview of the concepts of "physical control over a territory"" and "territorial sovereignty"". He then moves on to examine different scenarios in which territories have been administered by an organ representing the international community and explains how the issue of sovereignty was dealt with in each of these cases. In this context, the author offers a fascinating review of the recent case of Kosovo under UN administration describing the intricacies associated therewith. After thoroughly examining both the legal and factual situations, he evaluates the impact of the conclusions developed in the preceding chapters on the present and future status of this province. The author finally explores the relationship between the principle of democracy and the phenomenon of international territorial administrations, which he considers to be an example of "international governance".
Book Synopsis Conflict, Cooperation and Institutions in International Water Management by : Ines Dombrowsky
Download or read book Conflict, Cooperation and Institutions in International Water Management written by Ines Dombrowsky and published by Edward Elgar Publishing. This book was released on 2007 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Develops a conceptual framework that draws upon different economic theories, including the theory of external effects, non-cooperative game theory and transaction costs economics. This book distinguishes different types of externality problems inherent in international water management and specifies the institutional prerequisites for cooperation.
Book Synopsis The Law of International Watercourses by : Stephen C. McCaffrey
Download or read book The Law of International Watercourses written by Stephen C. McCaffrey and published by Oxford University Press, USA. This book was released on 2001 with total page 562 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of International Watercourses examines the rules of international law governing the non-navigational uses of international watercourses. The continued growth of the world's population places increasing demands on Earth's finite supply of fresh water. Because two or more states sharemany of the world's most important drainage basins - including The Danube, The Ganges, The Indus, The Jordan, The Mekong, The Nile, The Rhine, and The Tigris-Euphrates - competition for increasingly scarce fresh water resources is likely to increase. Resulting disputes will be resolved against thebackdrop of the rules of international law governing the use of international watercourses. In addition, these rules are of importance to donor institutions and governments that provide development assistance for projects relating to shared fresh water resources. While the law of international watercourses continues to evolve due to the intensification of use of shared fresh water resources and, consequently, increasingly frequent contacts between riparian states, The basic rules are reflected in the 1997 UN Convention on the law of the non-navigationaluses of international watercourses. This book devotes a chapter to the 1997 Convention but also examines the factual and legal context in which the Convention should be understood, considers the more important rules of the Convention in some depth and discusses specific issues that could not beaddressed in a framework instrument of that kind. In particular, the book studies the major cases and controversies concerning international watercourses as a background against which to consider the basic substantive and procedural rights and obligations of states.
Book Synopsis Economic Foundations of International Law by : Eric A. Posner
Download or read book Economic Foundations of International Law written by Eric A. Posner and published by Harvard University Press. This book was released on 2013-01-01 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exchange of goods and ideas among nations, cross-border pollution, global warming, and international crime pose formidable questions for international law. Two respected scholars provide an intellectual framework for assessing these problems from a rational choice perspective and describe conditions under which international law succeeds or fails.
Book Synopsis Jurisdiction in International Law by : Cedric Ryngaert
Download or read book Jurisdiction in International Law written by Cedric Ryngaert and published by . This book was released on 2015 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: This fully updated second edition of Jurisdiction in International Law examines the international law of jurisdiction, focusing on the areas of law where jurisdiction is most contentious: criminal, antitrust, securities, discovery, and international humanitarian and human rights law. Since F.A. Mann's work in the 1980s, no analytical overview has been attempted of this crucial topic in international law: prescribing the admissible geographical reach of a State's laws. This new edition includes new material on personal jurisdiction in the U.S., extraterritorial applications of human rights treaties, discussions on cyberspace, the Morrison case. Jurisdiction in International Law has been updated covering developments in sanction and tax laws, and includes further exploration on transnational tort litigation and universal civil jurisdiction. The need for such an overview has grown more pressing in recent years as the traditional framework of the law of jurisdiction, grounded in the principles of sovereignty and territoriality, has been undermined by piecemeal developments. Antitrust jurisdiction is heading in new directions, influenced by law and economics approaches; new EC rules are reshaping jurisdiction in securities law; the U.S. is arguably overreaching in the field of corporate governance law; and the universality principle has gained ground in European criminal law and U.S. tort law. Such developments have given rise to conflicts over competency that struggle to be resolved within traditional jurisdiction theory. This study proposes an innovative approach that departs from the classical solutions and advocates a general principle of international subsidiary jurisdiction. Under the new proposed rule, States would be entitled, and at times even obliged, to exercise subsidiary jurisdiction over internationally relevant situations in the interest of the international community if the State having primary jurisdiction fails to assume its responsibility.
Book Synopsis International Law in Domestic Courts by : André Nollkaemper
Download or read book International Law in Domestic Courts written by André Nollkaemper and published by . This book was released on 2018 with total page 769 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford ILDC online database, an online collection of domestic court decisions which apply international law, has been providing scholars with insights for many years. This ILDC Casebook is the perfect companion, introducing key court decisions with brief introductory and connecting texts. An ideal text for practitioners, judged, government officials, as well as for students on international law courses, the ILDC Casebook explains the theories and doctrines underlying the use by domestic courts of international law, and illustrates the key importance of domestic courts in the development of international law.
Book Synopsis Cross-border Water Trade: Legal and Interdisciplinary Perspectives by : Piotr Szwedo
Download or read book Cross-border Water Trade: Legal and Interdisciplinary Perspectives written by Piotr Szwedo and published by BRILL. This book was released on 2018-11-13 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cross-border Water Trade: Legal and Interdisciplinary Perspectives is a critical assessment of one of the growing problems faced by the international community - the global water deficit.Apart from theoretical considerations it has very practical consequences, as cross-border water trade appears to constitute one of the most effective ways of balancing water deficits worldwide.
Book Synopsis Permanent Sovereignty over Natural Resources by : Marc Bungenberg
Download or read book Permanent Sovereignty over Natural Resources written by Marc Bungenberg and published by Springer. This book was released on 2015-04-15 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fifty years after the adoption of the Declaration on Permanent Sovereignty over Natural Resources by the General Assembly of the United Nations in December 1962, this volume assesses the evolution of the principle of permanent sovereignty over natural resources into a principle of customary international law as well as related developments. International environmental and human rights law leave unresolved questions regarding the limitations of this principle, e.g. extraterritorial and international influences such as the applicable criminal and tort law, as well as the extraterritorial and international promotion of good governance, including transparency obligations.
Book Synopsis The Thin Justice of International Law by : Steven R. Ratner
Download or read book The Thin Justice of International Law written by Steven R. Ratner and published by Oxford University Press, USA. This book was released on 2015 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offering a new interdisciplinary approach to global justice and integrating the insights of international relations and contemporary ethics, this book asks whether the core norms of international law are just by appraising them according to a standard of global justice grounded in the advancement of peace and protection of human rights.
Book Synopsis The Impact of State Sovereignty on Global Trade and International Taxation by : Ramon J. Jeffery
Download or read book The Impact of State Sovereignty on Global Trade and International Taxation written by Ramon J. Jeffery and published by . This book was released on 1999-01-01 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work examines the role of global economic change and the concepts of State sovereignty and jurisdiction in the creation and elimination of direct tax barriers to international trade and investment. Until now there has been no systematic study of the problems of such barriers to trade taking into account these fundamental elements. Here the author applies this new theoretical perspective to a number of specific international tax issues and aims to suggest practical solutions to the problems of direct tax distortions.The issues examined include: International tax non-discrimination; Treaty shopping; The prohibition on the extra-territorial enforcement of revenue laws; The need for tax co-ordination in the relations of the European Community (EC) and Member States with the rest of the world for the effective elimination of direct tax barriers within the EC. The Impact of State Sovereignty on Global Trade and International Taxation constitutes a valuable addition to the literature concerning the interface of trade and tax and international law, and the harmonisation of taxation within the EC. This work was awarded the 1998 Mitchell B. Carroll Prize by the International Fiscal Association for the best work devoted to international fiscal law or comparative tax law.
Book Synopsis Stress Testing the Law of the Sea by : Stephen Minas
Download or read book Stress Testing the Law of the Sea written by Stephen Minas and published by BRILL. This book was released on 2018-09-04 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Stress Testing the Law of the Sea: Dispute Resolution, Disasters & Emerging Challenges, edited by Stephen Minas and H. Jordan Diamond, leading practitioners and scholars of the law of the sea examine key developments that are placing pressure on the current legal framework. Following an expert preface setting the historical context for the discussion, Part I explores the changing norms of marine dispute resolution – long the foundation of the UNCLOS framework – in an era when the lines between private and public governance are continually shifting and following the landmark South China Sea arbitration. Part II explores emerging issues whose inherent levels of uncertainty challenge the structure of the framework, including climate change, disasters, and expanding energy exploration.
Book Synopsis The ABC of the OPT by : Orna Ben-Naftali
Download or read book The ABC of the OPT written by Orna Ben-Naftali and published by Cambridge University Press. This book was released on 2018-05-10 with total page 583 pages. Available in PDF, EPUB and Kindle. Book excerpt: A lexicon of the legal, administrative, and military terms and concepts central to the Israeli occupation of the Palestinian Territories.
