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La Circulation Des Concepts Juridiques
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Book Synopsis How Interpretation Makes International Law by : Ingo Venzke
Download or read book How Interpretation Makes International Law written by Ingo Venzke and published by Oxford University Press. This book was released on 2012-09-06 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: An account of how the practice of interpretation makes international law, drawing specific attention to the increasing authority of international courts and institutions, this book analyses the role that the language plays in shaping international law. It addresses the key issue of how it contributes to the evolution of international norms.
Book Synopsis Le contentieux de la mise en conformité dans le règlement des différends de l'O.M.C. / Adjudicating Compliance in the WTO Dispute Settlement System by : Andrea Hamann
Download or read book Le contentieux de la mise en conformité dans le règlement des différends de l'O.M.C. / Adjudicating Compliance in the WTO Dispute Settlement System written by Andrea Hamann and published by Martinus Nijhoff Publishers. This book was released on 2014-06-05 with total page 860 pages. Available in PDF, EPUB and Kindle. Book excerpt: Le mécanisme de règlement des différends de l’O.M.C. se distingue des autres juridictions internationales en ce qu’il comporte un ensemble sophistiqué de procédures spécifiquement et exclusivement destinées à traiter les désaccords pouvant surgir au cours de l’exécution de l’obligation qui résulte pour un Membre de la décision juridictionnelle qui déclare sa responsabilité. Leur existence même et la façon dont les organes de jugement s’acquittent de leur mission témoignent de ce que l’exécution des obligations résultant des actes juridictionnels dans l’ordre international n’échappe pas fatalement au droit. Ainsi, le système de l’O.M.C. exprime mais aussi réalise une ambition singulière en droit international : renforcer la garantie de la légalité en habilitant la juridiction à encadrer, contrôler, et, en définitive, participer à assurer l’exécution de ses propres décisions. The WTO dispute settlement system has created a sophisticated set of procedures designed with the sole purpose of dealing with all disagreements that can arise between the parties during the implementation process. The very existence of these procedures, and the manner in which the adjudicative bodies accomplish their task, give evidence of the fact that compliance with judgments in the international legal order does not inevitably lie outside the realm of the law. The WTO system thereby expresses but also fulfills a strong ambition, unique when considered through the lens of international law: strengthening the rule of law by vesting the adjudicative bodies with the task of supervising, reviewing, and ultimately contributing to inducing and enforcing compliance with their own judgments.
Book Synopsis Annuaire Canadien de Droit International by : John H. Currie
Download or read book Annuaire Canadien de Droit International written by John H. Currie and published by UBC Press. This book was released on 2014-03-01 with total page 705 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the fiftieth volume of The Canadian Yearbook of International Law. The contents of this special anniversary edition reflect the diversity of Canadian and international thought, opinion, and practice on current problems of international law. Included are a retrospective examination of Canadian approaches and contributions to international law during the Yearbook's first fifty years as well as cutting-edge analyses and commentary on a wide range of issues, such as the use of battlefield biometrics, the cultural dimensions of sustainable development, Omar Khadr's combatancy and child-soldier status, and immunities for gross violations of international human rights.
Book Synopsis Legal Aspects of Sustainable Development by : Volker Mauerhofer
Download or read book Legal Aspects of Sustainable Development written by Volker Mauerhofer and published by Springer. This book was released on 2015-11-26 with total page 634 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses legal aspects of sustainable development and offers the latest thinking on a wide range of current themes. By taking a cross-cutting approach, it adds considerably to the exploration of this emerging scientific field. Twenty-nine original contributions present innovative thoughts and replicable ideas from this exciting, new area, which will be of value to practitioners and researchers alike.These contributions are allocated into a horizontal and sectorial part. The section covering horizontal policies has five sub-parts: 1) general aspects; 2) human and intellectual property rights; 3) communication and social enterprise governance; 4) public participation and 5) assessment tools. The second part on sectorial policies also has five sub-parts: 1) forest and water management; 2) renewable energy; 3) cities, waste and material management; 4) biodiversity, nature conservation, oceans and spatial planning and 5) agriculture and rural policy. It offers a multifaceted discussion of sustainable development and law by authors from five continents and from both the public and the private sectors. This selection guarantees a broad view that presents the more theoretical arguments from the academic as well as the practical perspective. Furthermore, the authorship includes senior, highly experienced academics and practitioners as well as those at the start of their career. This ensures thoughtful expansions of established theories as well as the emergence of innovative ideas. Moreover, the ten sub-parts bring together likeminded thoughts, resulting in an exchange of different viewpoints on a similar theme. This allows the readers to concentrate on individual chapters, while at the same time discovering a variety of thoughts and ideas.
Book Synopsis Perspectives Du Droit International Au 21e Siècle by : Marcelo Kohen
Download or read book Perspectives Du Droit International Au 21e Siècle written by Marcelo Kohen and published by Martinus Nijhoff Publishers. This book was released on 2011-10-28 with total page 503 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Liber Amicorum in honour of Professor Christian Dominicé covers most of the topical problems of contemporary international law, in particular those related to the principles and fundamentals of international law, human rights and humanitarian law, institutional law and criminal international law. Ce Liber Amicorum en l’honneur du Professeur Christian Dominicé couvre certains des sujets les plus actuels du droit international, en particulier ceux ayant trait aux principes et fondamentaux du droit international, aux droits de l’homme et au droit humanitaire ou encore au droit institutionnel et pénal international.
Book Synopsis The Functions of International Adjudication and International Environmental Litigation by : Joshua Paine
Download or read book The Functions of International Adjudication and International Environmental Litigation written by Joshua Paine and published by Cambridge University Press. This book was released on 2024-05-30 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: Uses the focus of environmental disputes to develop a novel comparative analysis of the functions of international courts and tribunals.
Book Synopsis Global Phenomena and Social Sciences by : Jean-Sylvestre Bergé
Download or read book Global Phenomena and Social Sciences written by Jean-Sylvestre Bergé and published by Springer. This book was released on 2017-10-26 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers new perspectives on global phenomena that play a major role in today’s society and deeply shape the actions of individuals, organizations and nations. In a complex and rapidly changing environment, decision-makers need to gain a better understanding of global phenomena to adapt and to anticipate the evolution of the global context. The authors—ten renowned international scholars of anthropology, economics, law, management and political science—propose an interdisciplinary and comparative approach to social sciences. They analyse how international phenomena, such as globalisation or transnationalisation, transform the disciplines of social sciences from an epistemological standpoint. Explaining what ‘global' means in difference disciplines, the authors analyse several global phenomena that characterise today’s international environment such as the circulation of norms and ideas, the linkages between war and globalization, corporate governance, and the impact of multinational enterprises on sustainable development and poverty reduction. Providing examples of analytical disciplinary approaches and guidelines for decision-makers in a fast-changing global context this book will be useful to scholars and students of anthropology, economics, law, management and political science as well as practitioners in the private and public sectors.
Book Synopsis Routledge Handbook of Human Rights and Disasters by : Flavia Zorzi Giustiniani
Download or read book Routledge Handbook of Human Rights and Disasters written by Flavia Zorzi Giustiniani and published by Routledge. This book was released on 2018-03-15 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Routledge Handbook of Human Rights and Disasters provides the first comprehensive review of the role played by international human rights law in the prevention and management of natural and technological disasters. Each chapter is written by a leading expert and offers a state-of-the-art overview of a significant topic within the field. In addition to focussing on the role of human rights obligations in disaster preparedness and response, the volume offers a broader perspective by examining how human rights law interacts with other legal regimes and by addressing the challenges facing humanitarian organizations. Preceded by a foreword by the International Law Commission’s Special Rapporteur on the Protection of Persons in the Event of Disasters, the volume is divided into four parts: Part I: Human rights law and disasters in the framework of public international law Part II: Role and application of human rights law in disaster settings Part III: (Categories of) rights of particular significance in a disaster context Part IV: Protection of vulnerable groups in disaster settings Providing up-to-date and authoritative contributions covering the key aspects of human rights protection in disaster settings, this volume will be of great interest to scholars and students of humanitarianism, international law, EU law, disaster management and international relations, as well as to practitioners in the field of disaster management.
Book Synopsis Operating Law in a Global Context by : Jean-Sylvestre Bergé
Download or read book Operating Law in a Global Context written by Jean-Sylvestre Bergé and published by Edward Elgar Publishing. This book was released on 2017-06-30 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lawyers have to adapt their reasoning to the increasingly global nature of the situations they deal with. Often, rules formulated in a national, international or European environment must all be jointly applied to a given case. This book maps the analysis lawyers require when confronted by the operation of several laws in different contexts, and demonstrates how this enhances legal reasoning.
Book Synopsis International Courts and the Development of International Law by : Nerina Boschiero
Download or read book International Courts and the Development of International Law written by Nerina Boschiero and published by Springer Science & Business Media. This book was released on 2013-03-15 with total page 948 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains a collection of essays by leading experts linked to the outstanding characteristics of the scholar in honour of whom it is published, Tullio Treves, who combines his academic background with his practical experiences of a negotiator of international treaties and a judge of an international tribunal. It covers international public and private law related to international courts and the development of international law. Under Article 38 of its Statute, the International Court of Justice can apply judicial decisions only as a “subsidiary means for the determination of rules of law”. However, there are many reasons to believe that international courts and tribunals do play quite an important role in the progressive development of international law. There are a number of decisions which are inevitably recalled as the first step, or a decisive step, in the process of the formation of a new rule of customary international law. In these cases, can the judge be considered as a subsidiary of others? Are these cases compatible with the common belief that a judge cannot create law? Is this a peculiarity of international law, which is characterized by the existence of several courts but the lack of a legislator? Do decisions by different courts lead to the consequence of a fragmented international law? This volume provides the reader with an elaboration of various questions linked to the legislative role of courts. In their choices of subjects, some contributors have taken into account the general aspects of the development of international rules through court decisions or specific sectors of international law, such as human rights, international crimes, international economic law, environmental law and the law of the sea. Others have chosen the subject of the rules on jurisdiction and procedure of international courts. The question of the courts’ role in the development of areas of law different from public international law, namely private international law and European Union law, has also been considered. The information and views contained in this book will be of great value to academics, students, judges, practitioners and all others interested in the public and private international law aspects of the link between international courts and the development of international law.
Book Synopsis Community Interests Across International Law by : Eyal Benvenisti
Download or read book Community Interests Across International Law written by Eyal Benvenisti and published by Oxford University Press. This book was released on 2018 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: To what extent are states expected to take into account the interests of others when conducting relations with other states? This is thequestion examined by this book as it considers the various manifestations of what has been described as community interests in areas regulated by international law.
Book Synopsis Cultural Heritage, Sustainable Development and Human Rights by : Laura Pineschi
Download or read book Cultural Heritage, Sustainable Development and Human Rights written by Laura Pineschi and published by Taylor & Francis. This book was released on 2023-12-04 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: The importance of cultural heritage - in both its tangible and intangible forms - to sustainable development and its economic, social and environmental components is increasingly evident in the recent practice of intergovernmental and non-governmental organizations at the universal and regional level. Due consideration for the integration of the cultural dimension in the implementation of Agenda 2030 has begun to grow in various international fora, including initiatives to emphasize the role and contribution of tangible and intangible heritage as drivers and enablers of sustainable development. It has also been recognized that the inherent links between cultural heritage and sustainable development cannot be correctly addressed without taking into account their various implications for the effective enjoyment of all human rights, including cultural rights. This book offers a thorough academic investigation on the importance of cultural heritage to sustainable development and cultural rights from an international law perspective. Providing an in-depth review of the possible intersections between cultural heritage, sustainable development and cultural rights and the limits of the current legal and institutional framework, it will be of interest to researchers and scholars of international law, cultural heritage law, environmental law and human rights law.
Book Synopsis Biological Diversity and International Law by : Mar Campins Eritja
Download or read book Biological Diversity and International Law written by Mar Campins Eritja and published by Springer Nature. This book was released on 2021-07-16 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book focuses on the interactions between international legal regimes related to biodiversity governance. It addresses the systemic challenges by analyzing the legal interactions between international biodiversity law and related international law applicable to economic activities, as well as issues related to the governance of biodiversity based on functional, normative, and geographic dimensions, in order to present a crosscutting, holistic approach. The global COVID-19 pandemic, the imminent revision of the Strategic Plan for Biodiversity 2011-2020, and the Aichi Targets have created the momentum to focus on the interactions between the Convention on Biological Diversity and other international environmental regimes. Firstly, it discusses the principles that inspire biodiversity-related conventional law, the soft law that conveys targets for enforcement of the Biodiversity Convention, their structural, regulatory and implementation gaps, the systemic relations arising from national interests, and the role of scientific advisory bodies in biodiversity-related agreements. The second part then addresses interactions in specific conventional frameworks, such as the law of multilateral trade and global public health, and the participation of communities in the management of genetic resources. Lastly, the third part illustrates these issues using four case studies focusing on the challenges for sustainability and marine biodiversity in small islands, the Arctic Ocean, the Caribbean Sea, and the Mediterranean Sea, as a way to strengthen a horizontal and joint approach. The book is primarily intended for academics, researchers, and students interested in international environmental law and policy and in interactions for creating conditions for fair, sustainable, and resilient environmental development. By offering an analysis of instruments and criteria for systemic relations in those areas, it will also appeal to public and private actors at the domestic and international level.
Book Synopsis The Development of International Law by the International Court of Justice by : Christian J. Tams
Download or read book The Development of International Law by the International Court of Justice written by Christian J. Tams and published by OUP Oxford. This book was released on 2013-09-12 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book traces the impact that the International Court of Justice (ICJ), the principal judicial organ of the United Nations, has had on various areas of international law. A number of prominent international experts examine whether, and to what extent, international law has been shaped by the Court's jurisprudence. The informal development of international law through the Court's judgments contrasts with the development of international law through more deliberate means, such as treaty-making. Assessing key areas of international law over which the ICJ has exercised its jurisdiction, such as international environmental law, international human rights, the law of the sea, and the law of immunities, this book comprehensively details the impact of international jurisprudence on contemporary international law. Continuing the work started by Sir Hersch Lauterpacht's influential book The Development of International Law by the Permanent Court of International Justice, this book provides key new insights into the role of the Court in wider international law. It makes required reading for anyone studying the ways in which international courts have in shaped the evolution of international law.
Book Synopsis Energy from the Sea by : Nigel Bankes
Download or read book Energy from the Sea written by Nigel Bankes and published by BRILL. This book was released on 2015-09-29 with total page 187 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the main challenges of our time is to be able to guarantee energy supply at a reasonable price. Policy makers, international institutions and the private sector increasingly look to the oceans as a significant source of energy. The Law of the Sea provides the legal framework within which any maritime activity is performed and strikes a balance between the multiple activities that can take place simultaneously in the same maritime zone. This volume addresses some of the main legal challenges raised by the expansion of the ocean energy sector and its consequences for the relevant international normative and institutional framework. Some of the major themes explored include energy sources and the competition for marine space, energy security, private actors and corporate social responsibility, fragmentation or integration, evolution and reinforcement of international law and liability.
Book Synopsis Children’s Environmental Rights Under International and EU Law by : Francesca Ippolito
Download or read book Children’s Environmental Rights Under International and EU Law written by Francesca Ippolito and published by Springer Nature. This book was released on 2022-11-07 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is dedicated to a topic which has for a long time lacked the attention it deserves within the academic world. It intends to address in a coherent and comprehensive manner the problem of the environmental rights of the child, which are not identical to the ones of adults whose environmental rights have been appraised from a general point of view. In the absence of any international law instrument explicitly granting a child the right to a clean environment, drawing on an extensive and original analysis of the UN Convention on the Rights of the Child and the practice of its monitoring body, this book undertakes an assessment of the extent to which these challenges may be overcome through a greater engagement between international law on the rights of the child and international environmental law. The result is the first comprehensive study on the manner in which these two mutually reinforcing legal regimes can interact to strengthen the protection of children’s environmental human rights at stake in the increased strategic environmental and climate litigations at both the national and international level. The book is recommended reading for, amongst others, policy makers, international environmental lawyers and human rights lawyers and practitioners. Additionally, lecturers, students and researchers from a range of disciplines will also gain from seeing how new legal scholarship and intertwined branches of international law contribute to the continual development of the living rights of the human rights conventions. Francesca Ippolito is Associate Professor of International Law in the Department of Political and Social Science of the University of Cagliari, Italy. She holds the Jean Monnet Chair on European Climate of Change - REACT for 2021-2024.
Book Synopsis Conflict of Interest and Medicine by : Boris Hauray
Download or read book Conflict of Interest and Medicine written by Boris Hauray and published by Routledge. This book was released on 2021-09-05 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the context of a growing criticism on the influence of the pharmaceutical industry on physicians, scientists, or politicians, Conflict of Interest and Medicine offers a comprehensive analysis of the conflict of interest in medicine anchored in the social sciences, with perspectives from sociology, history, political science, and law. Based on in-depth empirical investigations conducted within different territories (France, the European Union, and the United States) the contributions analyze the development of conflict of interest as a social issue and how it impacts the production of medical knowledge and expertise, physicians’ work and their prescriptions, and also the framing of health crises and controversies. In doing so, they bring a new understanding of the transformations in the political economy of pharmaceutical knowledge, the politicization of public health risks, and the promotion of transparency in science and public life. Complementing the more normative and quantitative understandings of conflict of interest issues that dominate today, this book will be of interest to researchers in a broad range of areas including social studies of sciences and technology, sociology of health and illness, and political sociology and ethics. It will be also a valuable resource for health professionals, medical scientists, or regulators facing the question of corporate influence.
