International Law between Universalism and Fragmentation

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Publisher : BRILL
ISBN 13 : 9047440331
Total Pages : 1131 pages
Book Rating : 4.0/5 (474 download)

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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.

Pluralism Or Universalism in International Copyright Law

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Author :
Publisher :
ISBN 13 : 9789403503554
Total Pages : 744 pages
Book Rating : 4.5/5 (35 download)

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Book Synopsis Pluralism Or Universalism in International Copyright Law by : Tatiana Eleni Synodinou

Download or read book Pluralism Or Universalism in International Copyright Law written by Tatiana Eleni Synodinou and published by . This book was released on 2019-10-24 with total page 744 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a world where powerful intermediaries like Google and Facebook are de facto regulators of the communication of copyright-protected works, the democratization of access to content has both substantially expanded the availability of new markets and dramatically increased copyright infringements. Does this mean that the long-sought ideal of a "universal" copyright regulation, which would harmoniously combine effective protection of intellectual creations with public interest goals, is a lost cause? Taken together, the contributions to this insightful and thoroughly researched book suggest that despite the prevailing labyrinthine mosaic of divergent national responses to fragmentation at international level, the foundations of a universal approach can be found in the interaction of regional, national and international copyright law instruments when responding to current and emerging technologies. Emphasizing the adaptation of copyright law to the needs of the information society, this volume provides critical approaches by leading copyright scholars on whether pluralism or universalism is the appropriate path to follow for the development of international copyright law. The authors deal with such issues and topics as the following: the application of core copyright law principles worldwide; authorship, rights and exceptions in the international copyright acquis; Internet copyright enforcement; global collective management of copyright; copyright contracts; database and design rights; intermediary liability; the global reach of the U.S. Fair Use doctrine; World Intellectual Property Organization's role and strategy in international copyright lawmaking; and bilateral trade and investment agreements involving copyright. Specific evolutions and emerging trends in national and regional digital copyright laws are analyzed and assessed as they have developed in the European Union, the United States, Canada and Australia, as well as in several Asian and African countries. Throughout, attention is paid to compatibility with the Berne Convention, the perceived core of copyright law in the international copyright acquis, and the key question of the balancing of copyright law with fundamental rights from an international and comparative law perspective. As a comprehensive analysis of how core copyright law concepts and principles function in today's fragmented copyright legal system, this book has no peers. Its detailed treatment of numerous specific instruments and regimes, as well as its insightful approaches to the future of international copyright lawmaking, will prove of immeasurable value to lawyers, judges, policy makers, academics and researchers working in the field of copyright law.

Fragmentation vs the Constitutionalisation of International Law

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Author :
Publisher : Routledge
ISBN 13 : 1317312287
Total Pages : 292 pages
Book Rating : 4.3/5 (173 download)

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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 292 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.

Fragmentation of International Law

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Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (981 download)

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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:

Concepts for International Law

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1783474688
Total Pages : 960 pages
Book Rating : 4.7/5 (834 download)

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Book Synopsis Concepts for International Law by : Jean d’Aspremont

Download or read book Concepts for International Law written by Jean d’Aspremont and published by Edward Elgar Publishing. This book was released on 2018 with total page 960 pages. Available in PDF, EPUB and Kindle. Book excerpt: Concepts shape how we understand and participate in international legal affairs. They are an important site for order, struggle and change. This comprehensive and authoritative volume introduces a large number of concepts that have shaped, at various points in history, international legal practice and thought; intimates at how the many projects of international law have grappled with, and influenced, the world through certain concepts; and introduces new concepts into the discipline.

A Farewell to Fragmentation

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Publisher : Cambridge University Press
ISBN 13 : 1316368610
Total Pages : 605 pages
Book Rating : 4.3/5 (163 download)

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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.

The Law of Nations and Natural Law 1625–1800

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Publisher : BRILL
ISBN 13 : 9004384200
Total Pages : 347 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis The Law of Nations and Natural Law 1625–1800 by : Simone Zurbuchen

Download or read book The Law of Nations and Natural Law 1625–1800 written by Simone Zurbuchen and published by BRILL. This book was released on 2019-11-26 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of Nations and Natural Law 1625-1800 offers innovative studies on the development of the law of nations after the Peace of Westphalia. This period was decisive for the origin and constitution of the discipline which eventually emancipated itself from natural law and became modern international law. A specialist on the law of nations in the Swiss context and on its major figure, Emer de Vattel, Simone Zurbuchen prompted scholars to explore the law of nations in various European contexts. The volume studies little known literature related to the law of nations as an academic discipline, offers novel interpretations of classics in the field, and deconstructs ‘myths’ associated with the law of nations in the Enlightenment.

Fragmentation of International Law

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Author :
Publisher :
ISBN 13 : 9789521023378
Total Pages : 306 pages
Book Rating : 4.0/5 (233 download)

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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:

Pluralism or Universalism in International Copyright Law

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403503335
Total Pages : 572 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Pluralism or Universalism in International Copyright Law by : Tatiana Eleni Synodinou

Download or read book Pluralism or Universalism in International Copyright Law written by Tatiana Eleni Synodinou and published by Kluwer Law International B.V.. This book was released on 2019-10-24 with total page 572 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a world where powerful intermediaries like Google and Facebook are de facto regulators of the communication of copyright-protected works, the democratization of access to content has both substantially expanded the availability of new markets and dramatically increased copyright infringements. Does this mean that the long-sought ideal of a “universal” copyright regulation, which would harmoniously combine effective protection of intellectual creations with public interest goals, is a lost cause? Taken together, the contributions to this insightful and thoroughly researched book suggest that despite the prevailing labyrinthine mosaic of divergent national responses to fragmentation at international level, the foundations of a universal approach can be found in the interaction of regional, national and international copyright law instruments when responding to current and emerging technologies. Emphasizing the adaptation of copyright law to the needs of the information society, this volume provides critical approaches by leading copyright scholars on whether pluralism or universalism is the appropriate path to follow for the development of international copyright law. The authors deal with such issues and topics as the following: the application of core copyright law principles worldwide; authorship, rights and exceptions in the international copyright acquis; Internet copyright enforcement; global collective management of copyright; copyright contracts; database and design rights; intermediary liability; the global reach of the U.S. Fair Use doctrine; World Intellectual Property Organization’s role and strategy in international copyright lawmaking; and bilateral trade and investment agreements involving copyright. Specific evolutions and emerging trends in national and regional digital copyright laws are analyzed and assessed as they have developed in the European Union, the United States, Canada and Australia, as well as in several Asian and African countries. Throughout, attention is paid to compatibility with the Berne Convention, the perceived core of copyright law in the international copyright acquis, and the key question of the balancing of copyright law with fundamental rights from an international and comparative law perspective. As a comprehensive analysis of how core copyright law concepts and principles function in today’s fragmented copyright legal system, this book has no peers. Its detailed treatment of numerous specific instruments and regimes, as well as its insightful approaches to the future of international copyright lawmaking, will prove of immeasurable value to lawyers, judges, policy makers, academics and researchers working in the field of copyright law.

Fragmentation in International Human Rights Law

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Author :
Publisher : Routledge
ISBN 13 : 1317442938
Total Pages : 167 pages
Book Rating : 4.3/5 (174 download)

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Book Synopsis Fragmentation in International Human Rights Law by : Marjan Ajevski

Download or read book Fragmentation in International Human Rights Law written by Marjan Ajevski and published by Routledge. This book was released on 2017-07-14 with total page 167 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the effects of institutional fragmentation in international human rights law, by comparing the rights jurisprudence of three human rights courts and bodies, namely the European Court for Human Rights, the Inter-American Court for Human Rights and the Human Rights Committee. Contributions cover the areas of freedom of expression (journalism and the media), right to privacy, freedom of assembly and freedom of association (political parties), and measure the extent of fragmentation of human rights protection. Moreover, the volume argues that, while the conflict of laws approach, favoured by the International Law Commission, might work in avoiding outright conflict in obligation, in practice it is not an approach that presents a viable research agenda when it comes to understanding the causes and consequences of institutional fragmentation. This is especially evident in areas like international human rights, where the possibility of a silent drift between the jurisprudence of the three courts is a real possibility. This book was originally published as a special issue of the Nordic Journal of Human Rights.

Netherlands Yearbook of International Law Volume 41, 2010

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Publisher : Springer Science & Business Media
ISBN 13 : 9067047376
Total Pages : 546 pages
Book Rating : 4.0/5 (67 download)

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Book Synopsis Netherlands Yearbook of International Law Volume 41, 2010 by : I.F. Dekker

Download or read book Netherlands Yearbook of International Law Volume 41, 2010 written by I.F. Dekker and published by Springer Science & Business Media. This book was released on 2011-04-21 with total page 546 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Netherlands Yearbook of International Law was first published in 1970. It has two main aims. It offers a forum for the publication of scholarly articles of a more general nature in the area of public international law including the law of the European Union. In addition, it aims to respond to the demand for information on state practice in the field of international law. Each Yearbook therefore includes an overview of state practice of the Netherlands.

The Perils of Global Legalism

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Publisher : University of Chicago Press
ISBN 13 : 0226675920
Total Pages : 286 pages
Book Rating : 4.2/5 (266 download)

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Book Synopsis The Perils of Global Legalism by : Eric A. Posner

Download or read book The Perils of Global Legalism written by Eric A. Posner and published by University of Chicago Press. This book was released on 2009-10-15 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first months of the Obama administration have led to expectations, both in the United States and abroad, that in the coming years America will increasingly promote the international rule of law—a position that many believe is both ethically necessary and in the nation’s best interests. With The Perils of Global Legalism, Eric A. Posner explains that such views demonstrate a dangerously naive tendency toward legalism—an idealistic belief that law can be effective even in the absence of legitimate institutions of governance. After tracing the historical roots of the concept, Posner carefully lays out the many illusions—such as universalism, sovereign equality, and the possibility of disinterested judgment by politically unaccountable officials—on which the legalistic view is founded. Drawing on such examples as NATO’s invasion of Serbia, attempts to ban the use of land mines, and the free-trade provisions of the WTO, Posner demonstrates throughout that the weaknesses of international law confound legalist ambitions—and that whatever their professed commitments, all nations stand ready to dispense with international agreements when it suits their short- or long-term interests. Provocative and sure to be controversial, The Perils of Global Legalism will serve as a wake-up call for those who view global legalism as a panacea—and a reminder that international relations in a brutal world allow no room for illusions.

International Law and its Discontents

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Publisher : Cambridge University Press
ISBN 13 : 131629899X
Total Pages : 307 pages
Book Rating : 4.3/5 (162 download)

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Book Synopsis International Law and its Discontents by : Barbara Stark

Download or read book International Law and its Discontents written by Barbara Stark and published by Cambridge University Press. This book was released on 2015-04-30 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Civilization and its Discontents, Sigmund Freud argued that civilization itself is the major source of human unhappiness, inhibiting instincts and generating guilt. In Globalization and its Discontents, Joseph Stiglitz shows how the 'economic architecture' that produced globalization has also driven the backlash against it. This book brings together some of international law's most outspoken 'discontents'; those who situate their malaise in international law itself. Their shared objective is to expose international law's complicity in the ongoing economic and financial global crises and to assess its capacity - and its will - to constructively address them. Some, like Freud, view that which holds us together as an inevitable source of discontent. Others, like Stiglitz, draw on the energy of the backlash. How have these crises affected particular groups, sovereign states, and international law itself? How have they responded? When does crisis serve as a catalyst, and for what?

Theory of Obligations in International Law

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Publisher : Taylor & Francis
ISBN 13 : 1040020909
Total Pages : 622 pages
Book Rating : 4.0/5 (4 download)

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Book Synopsis Theory of Obligations in International Law by : Cezary Mik

Download or read book Theory of Obligations in International Law written by Cezary Mik and published by Taylor & Francis. This book was released on 2024-05-07 with total page 622 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining the fulfilment of international obligations by subjects of this law, this book explores the normative and functional links between the sources and rules of international law on the one hand, and the responsibility for violating international law on the other. In the sphere of law-making, the theory of obligations allows for a more precise and considered formulation of international obligations. It has the potential to enable subjects of international law to behave more rationally, allowing deeper reflection on whether to take on obligations and how to properly perform them. This book proposes a new approach to the issue of the proper operation of international law, with the theory of obligations at its heart. Linking the institutions and concepts of international law into a rational whole, the book offers an analysis of the operation of international law and the behaviour of its subjects to develop a framework for ensuring the ultimate effectiveness of international law. Analysing sources of law including treaties and common law, alongside the resolutions of international organisations, this book demonstrates the practical application of the subject with reference to the jurisprudence of international courts and other bodies. The volume will be of interest to scholars, students, and practitioners concerned with international law – its creation, performance, application, compliance, and enforcement.

Universalising International Law

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Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004138382
Total Pages : 553 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Universalising International Law by : C. G. Weeramantry

Download or read book Universalising International Law written by C. G. Weeramantry and published by Martinus Nijhoff Publishers. This book was released on 2004 with total page 553 pages. Available in PDF, EPUB and Kindle. Book excerpt: Universalising international law is one of the most urgent tasks awaiting those who wish to advance the discipline. Though all the world acknowledges its universal nature, it has long been confined in a largely monocultural mould. Indeed a tendency is sometimes discernible for international law to be compartmentalised and to function within a close cabinet of technical rules little known to those outside the ranks of specialists. This volume looks initially at some general aspects of universalisation. It thereafter adopts a universalist approach to some of the sources of international law and it deals with peace, the bedrock of international law, which likewise requires a universalist approach. It is hoped that these studies will highlight the imperative need that now exists for extending the conceptual framework of international law, thereby buttressing its moral authority and widening its appeal at a time when universal acceptance of international law is one of the most pressing demands of the international system.

International Law and...

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1509908145
Total Pages : 555 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis International Law and... by : August Reinisch

Download or read book International Law and... written by August Reinisch and published by Bloomsbury Publishing. This book was released on 2016-11-03 with total page 555 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Society of International Law (ESIL) is known for its particularly dynamic character. After 10 years of existence it has proved that it is one of the most cutting-edge scholarly associations in the field of public international law. At its 10th Anniversary Conference in September 2014, which was held in Vienna, participants assembled in order to discuss 'International law and...', the proceedings of which are published here. Going beyond the usual related disciplines of political science, international relations, economics and history, this conference ventured into less well-trodden paths, exploring the links between international law and cinema, philosophy, sports, the arts and other areas of human endeavour. As the proceedings show, it is clear that international law has long been influenced by other fields of law and other disciplines. They also explore whether the boundaries of international law have been crossed and, if so, in what ways.

Evolving Principles of International Law

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004192263
Total Pages : 350 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Evolving Principles of International Law by : Eva Rieter

Download or read book Evolving Principles of International Law written by Eva Rieter and published by Martinus Nijhoff Publishers. This book was released on 2012 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume offers an overview of some emerging trends and structural patterns in the development of international law, highlighting its evolution over the course of time, and discussing leading principles through various different thematic lenses.