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Dealing With The Fragmented International Legal Environment
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Book Synopsis Dealing with the Fragmented International Legal Environment by : Turki Althunayan
Download or read book Dealing with the Fragmented International Legal Environment written by Turki Althunayan and published by Springer Science & Business Media. This book was released on 2009-12-02 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: Taxes are sometimes so fundamental to domestic systems that they are almost impossible to change, as when the tax system is part of a nation's majority religion or is linked to another value deeply rooted in local communities, such as housing or farming. There is a danger in the WTO, a Geneva-based entity, making decisions for people living in distant locations with regard to tax issues related to their local needs and wants. The Saudi Arabian tax system exemplifies the tension between religion, tax and trade, because tax has a role in the country's religion and is an essential part of its laws. Therefore, there is a need for maintaining a delicate balance between local needs and international commitments with respect to taxation. This book aims to show directions in which legal order can be preserved as much as possible from within each country, and yet not imposed upon them, and which will help build a peaceful bridge between local and international factors that are important to shaping the global order.
Book Synopsis The Diversification and Fragmentation of International Criminal Law by : Larissa van den Herik
Download or read book The Diversification and Fragmentation of International Criminal Law written by Larissa van den Herik and published by Martinus Nijhoff Publishers. This book was released on 2012 with total page 735 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume deals with the tension between unity and diversification which has gained a central place in the debate under the label of ‘fragmentation’. It explores the meaning, articulation and risks of this phenomenon in a specific area: International Criminal Justice. It brings together established and fresh voices who analyse different sites and contestations of this concept, as well as its context and specific manifestations in the interpretation and application of International Criminal Law. The volume thereby connects discourse on ‘fragmentation’ with broader inquiry on the merits and discontents of legal pluralism in ‘Public International Law’.
Book Synopsis Counter-terrorism Strategies in a Fragmented International Legal Order by : Larissa J. Herik
Download or read book Counter-terrorism Strategies in a Fragmented International Legal Order written by Larissa J. Herik and published by . This book was released on 2013 with total page 760 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Few events have influenced our global order as intensely as the events of September 11, 2001. At various levels in the past twelve years, persistent attempts have been made to address the threat of terrorism, yet there is still urgent need for a joint and coherent application of a variety of regulations relating to international criminal justice cooperation, the use of force and international human rights law. In an important contribution to international discourse, Larissa van den Herik and Nico Schrijver examine the relationship between different branches of international law and their applicability to the problem of terrorism and counter-terrorism. Using a unique combination of academic perspectives, practitioners' insights and a comprehensive three-part approach, Counter-Terrorism Strategies in a Fragmented International Legal Order offers sound policy recommendations alongside thorough analysis of the state of international law regarding terrorism, and provides fresh insights against the backdrop of recent practice."--Publisher's description
Book Synopsis Fragmentation of International Law by : United Nations. International Law Commission
Download or read book Fragmentation of International Law written by United Nations. International Law Commission and published by . This book was released on 2007 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Regime Interaction in International Law by : Margaret A. Young
Download or read book Regime Interaction in International Law written by Margaret A. Young and published by Cambridge University Press. This book was released on 2012-01-12 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This major extension of existing scholarship on the fragmentation of international law utilises the concept of 'regimes' from international law and international relations literature to define functional areas such as human rights or trade law. Responding to existing approaches, which focus on the resolution of conflicting norms between regimes, it contains a variety of critical, sociological and doctrinal perspectives on regime interaction. Leading international law scholars and practitioners reflect on how, in situations of diversity and concurrent activity, such interaction shapes and controls knowledge and norms in often hegemonic ways. The contributors draw on topical examples of interacting regimes, including climate, trade and investment regimes, to argue for new methods of regime interaction. Together, the essays combine approaches from international, transnational and comparative constitutional law to provide important insights into an issue that continues to challenge international legal theory and practice.
Book Synopsis International Law between Universalism and Fragmentation by : Isabelle Buffard
Download or read book International Law between Universalism and Fragmentation written by Isabelle Buffard and published by BRILL. This book was released on 2009-02-28 with total page 1131 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Festschrift is published on the occasion of Gerhard Hafner’s 65th birthday and his retirement as a professor at the University of Vienna. It assembles a great number of renowned friends and colleagues in international law honouring Gerhard Hafner’s outstanding career as scholar, diplomat, legal adviser and arbitrator. The diversity of areas selected for this Festschrift reflects the generalist approach of Gerhard Hafner towards international law. Among the topics on which his contribution was particularly influential are the fragmentation of international law, the law of State immunity and international criminal law, which feature prominently in the Festschrift. Other areas covered are the theory of international law (including sources), basic principles of international law, codification of international law, subjects of international law, international dispute settlement, the law of the sea and international environmental law, human rights and humanitarian law and the law of the European Union.
Book Synopsis Fragmentation vs the Constitutionalisation of International Law by : Andrzej Jakubowski
Download or read book Fragmentation vs the Constitutionalisation of International Law written by Andrzej Jakubowski and published by Routledge. This book was released on 2016-07-01 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: The current system of international law is experiencing profound transformations. Indeed, the simultaneous processes of globalization combined with the disintegration of international systems of governance and law-making pose complex challenges for legal scholarship. The doctrinal response to these challenges has been theorized within two seemingly contradictory discourses in international law: fragmentation and constitutionalisation. This book takes an innovative approach to international law, viewing the processes of the fragmentation and constitutionalisation as being profoundly interconnected and reflective of each other. It brings together a select group of contributors, including both established and emerging scholars and practitioners, in order to explore the ways in which the problems of fragmentation and constitutionalisation are viscerally linked one to the other and thus mutually conditioning and stimulating. The book considers the theory and practice of international law looking at the two phenomena in relation to the various fields of international law such as international criminal law, cultural heritage law and international environmental law.
Book Synopsis Conflict of Norms in a Fragmented International Legal System. A Critical Analysis by : P. R. Kalidhass
Download or read book Conflict of Norms in a Fragmented International Legal System. A Critical Analysis written by P. R. Kalidhass and published by . This book was released on 2014-05-21 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: Master's Thesis from the year 2010 in the subject Politics - International Politics - Topic: Public International Law and Human Rights, grade: A plus, Jawaharlal Nehru University, course: Master of Philosophy (M.Phil.), language: English, abstract: From the beginning of the twenty-first century the international community started addressing the issue of fragmentation of international law. In 2000, the International Law Commission (ILC) decided to include the topic "[r]isks ensuing from the fragmentation of international law" into its long-term programme of work. This initiative raises some basic questions: is international law a fragmented system? If it is so, what is the problem with the fragmentation? and how can the problem be resolved? This dissertation mainly revolves around these three major issues. It assumes that today's fragmented international law is part of historical evolution or process. In contemporary times, the term 'fragmentation' is commonly used to refer to the slicing up of international law 'into regional or functional regimes that cater for special audiences with special interests and ethos'. The most notable functional regimes are international trade law, environmental law, human rights law, humanitarian law, law of the sea and so on - when there is a collision between these regimes - than the conflict of norms becomes an unavoidable consequence - because each regime seeks favorable treatment towards its own. The absence of normative and institutional hierarchy in international law means that the evolution of such regimes is perceived by some as posing a threat to the coherence, effectiveness and predictability of international law. Others see these regimes as contributing to the development of international law. To respond to the problem of fragmentation, the ILC examined the regimes in detail and tentatively concluded that these specialized legal regimes are merely informal labels with no normative value per se - hence, it viewed that they
Book Synopsis Counter-terrorism Strategies in a Fragmented International Legal Order by : Larissa J. Herik
Download or read book Counter-terrorism Strategies in a Fragmented International Legal Order written by Larissa J. Herik and published by . This book was released on 2013 with total page 760 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Few events have influenced our global order as intensely as the events of September 11, 2001. At various levels in the past twelve years, persistent attempts have been made to address the threat of terrorism, yet there is still urgent need for a joint and coherent application of a variety of regulations relating to international criminal justice cooperation, the use of force and international human rights law. In an important contribution to international discourse, Larissa van den Herik and Nico Schrijver examine the relationship between different branches of international law and their applicability to the problem of terrorism and counter-terrorism. Using a unique combination of academic perspectives, practitioners' insights and a comprehensive three-part approach, Counter-Terrorism Strategies in a Fragmented International Legal Order offers sound policy recommendations alongside thorough analysis of the state of international law regarding terrorism, and provides fresh insights against the backdrop of recent practice."--Publisher's description
Book Synopsis The Practice of International and National Courts and the (de- )fragmentation of International Law by : Ole Kristian Fauchald
Download or read book The Practice of International and National Courts and the (de- )fragmentation of International Law written by Ole Kristian Fauchald and published by . This book was released on 2012 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent decades there has been a considerable growth in the activities of international tribunals and the establishment of new tribunals. Furthermore, supervisory bodies established to control compliance with treaty obligations have adopted decisions in an increasing number of cases. National courts further add to the practice of adjudication of claims based on international law. While this increasing practice of courts and supervisory bodies strengthens the adjudicatory process in international law, it also poses challenges to the unity of international law. Most of these courts operate wi.
Book Synopsis The Fragmentation of Global Climate Governance by : Harro van Asselt
Download or read book The Fragmentation of Global Climate Governance written by Harro van Asselt and published by Edward Elgar Publishing. This book was released on 2014-04-25 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fragmented state of global climate governance poses major challenges to policymakers and scholars alike. Through an in-depth examination of regime interactions between the international climate regime and three other regimes (on clean technology, b
Book Synopsis A Farewell to Fragmentation by : Mads Tønnesson Andenæs
Download or read book A Farewell to Fragmentation written by Mads Tønnesson Andenæs 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: Exploring the role of the International Court of Justice in the re-convergence of international law, this book contends that the court's jurisprudence is transforming traditional concepts such as sovereignty, rights and jurisdiction and in so doing is leading a trend towards the reunification of international law.
Book Synopsis The Right to Food and the World Trade Organization's Rules on Agriculture by : Rhonda Ferguson
Download or read book The Right to Food and the World Trade Organization's Rules on Agriculture written by Rhonda Ferguson and published by BRILL. This book was released on 2018-01-11 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Right to Food and the World Trade Organization’s Rules on Agriculture, Rhonda Ferguson explores the relationship between the right to food and agricultural trade. The analysis is situated within the context of debates surrounding the fragmentation of international law.
Book Synopsis Regime Interaction in International Law by : Margaret A. Young
Download or read book Regime Interaction in International Law written by Margaret A. Young and published by . This book was released on 2012 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: This major extension of existing scholarship on the fragmentation of international law utilises the concept of 'regimes' from international law and international relations literature to define functional areas such as human rights or trade law. Responding to existing approaches, which focus on the resolution of conflicting norms between regimes, it contains a variety of critical, sociological and doctrinal perspectives on regime interaction. Leading international law scholars and practitioners reflect on how, in situations of diversity and concurrent activity, such interaction shapes and controls knowledge and norms in often hegemonic ways. The contributors draw on topical examples of interacting regimes, including climate, trade and investment regimes, to argue for new methods of regime interaction. Together, the essays combine approaches from international, transnational and comparative constitutional law to provide important insights into an issue that continues to challenge international legal theory and practice.
Book Synopsis Fragmentation of International Law by :
Download or read book Fragmentation of International Law written by and published by . This book was released on 2006 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis A Farewell to Fragmentation by : Mads Tønnesson Andenæs
Download or read book A Farewell to Fragmentation written by Mads Tønnesson Andenæs and published by . This book was released on 2015 with total page 604 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 Sustainable Development As a Principle of International Law by : Christina Voigt
Download or read book Sustainable Development As a Principle of International Law written by Christina Voigt and published by BRILL. This book was released on 2009 with total page 453 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume provides a framework for the doctrinal foundation of sustainable development as a principle of integration in international law. The work departs from the fragmented nature of the international legal system, a system that lacks integrative principles for creating coherent relations between, for example, the international trade regime of the WTO and multilateral environmental agreements. The specific focus is on a legal analysis of potential normative conflicts between climate measures as regulated by the UNFCCC and the Kyoto Protocol, in particular the flexibility instruments of international emissions trading and the Clean Development Mechanism, and the rules of the WTO. Attention is then given to the application of sustainable development as a principle of integration in relation to these conflicts. The book takes on several important, timely and demanding tasks related to the urgent global challenge of climate change and the capacity of international law to deal with complex and multifaceted issues. It addresses in particular: a [ The relations between various international legal regimes, especially between international trade law and climate law, a [ The legal status of sustainable development as a principle of international law, and a [ The analysis of interpretative methods and of principles that may serve to address conflicts between rules pertaining to different legal regimes. Here, integration as part of legal reasoning becomes particularly relevant.
