Le Droit International Dans Un Monde En Mutation

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Conflict of Norms in Public International Law

Author : Joost Pauwelyn
Publisher : Cambridge University Press
ISBN 13 : 1139436902
Total Pages : 557 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Conflict of Norms in Public International Law by : Joost Pauwelyn

Download or read book Conflict of Norms in Public International Law written by Joost Pauwelyn and published by Cambridge University Press. This book was released on 2003-07-31 with total page 557 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most prominent and urgent problems in international governance is how the different branches and norms of international law interact and what to do in the event of conflict. With no single 'international legislator' and a multitude of states, international organisations and tribunals making and enforcing the law, the international legal system is decentralised. This leads to a wide variety of international norms, ranging from customary international law and general principles of law, to multilateral and bilateral treaties on trade, the environment, human rights, the law of the sea, etc. Pauwelyn provides a framework on how these different norms interact, focusing on the relationship between the law of the World Trade Organisation (WTO) and other rules of international law. He also examines the hierarchy of norms within the WTO treaty. His recurring theme is how to marry trade and non-trade rules, or economic and non-economic objectives at the international level.

La nécessité en droit international

Author : Sarah Cassella
Publisher : BRILL
ISBN 13 : 9004215867
Total Pages : 591 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis La nécessité en droit international by : Sarah Cassella

Download or read book La nécessité en droit international written by Sarah Cassella and published by BRILL. This book was released on 2011-05-06 with total page 591 pages. Available in PDF, EPUB and Kindle. Book excerpt: La Commission du droit international, après avoir longuement hésité, a inscrit l’état de nécessité dans sa codification de la responsabilité des États en tant que circonstance excluant l’illicéité. L’objet de cette étude est de démontrer qu’il s’agit d’un mécanisme beaucoup plus diffus et fondamental du droit international, intimement lié à ses caractéristiques propres. Il a comme fonction la limitation des obligations substantielles des États lors de la survenance d’un fait-condition – la situation de nécessité – afin d’éviter que l’application du droit ne génère un coût social excessif. Sa réalisation requiert toujours une pondération des intérêts en conflit. Seulement lorsqu’un coût social excessif ne peut être évité, l’état de nécessité intervient dans le cadre des obligations secondaires de la responsabilité internationale, en tant que circonstance atténuante. After much hesitation, the International Law Commission codified the state of necessity as a circumstance precluding wrongfulness in the field of State responsibility. This study aims to demonstrate that it is a much wider mechanism, essential to international law and strictly connected to its own characteristics. It performs the function of limiting the substantial obligations of States in case of the realization of a fact condition – a situation of necessity – in order to avert an excessive social cost, born out of law implementation. It always works through a balance of conflicting interests. Only when a social cost cannot be avoided, the state of necessity, under the features of a mitigating circumstance, enters the field of secondary obligations relating to international responsibility.

International Law and the Quest for its Implementation. Le droit international et la quête de sa mise en oeuvre

Author : Marcelo Kohen
Publisher : BRILL
ISBN 13 : 9047430581
Total Pages : 531 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis International Law and the Quest for its Implementation. Le droit international et la quête de sa mise en oeuvre by : Marcelo Kohen

Download or read book International Law and the Quest for its Implementation. Le droit international et la quête de sa mise en oeuvre written by Marcelo Kohen and published by BRILL. This book was released on 2010-03-22 with total page 531 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Liber Amicorum appears on the occasion of Professor Vera Gowlland-Debbas' retirement from the Graduate Institute. It includes contributions by her colleagues and friends from distinguished universities and international institutions. It covers different fields in which she has excelled. This collective work is divided into three main sections. The first section examines matters concerning the law of the United Nations. The second section is devoted to human rights and international humanitarian law. The third section addresses issues related to law-making, compliance with international law and the peaceful settlement of disputes. The result is a collection of stimulating analysis of most of the topical problems of international law. The contributions are in both English and French.

Perspectives Du Droit International Au 21e Siècle

Author : Marcelo Kohen
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004203052
Total Pages : 503 pages
Book Rating : 4.0/5 (42 download)

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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.

The International Legal System in Quest of Equity and Universality

Author : Laurence Boisson de Chazournes
Publisher : BRILL
ISBN 13 : 9004479015
Total Pages : 862 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis The International Legal System in Quest of Equity and Universality by : Laurence Boisson de Chazournes

Download or read book The International Legal System in Quest of Equity and Universality written by Laurence Boisson de Chazournes and published by BRILL. This book was released on 2021-10-18 with total page 862 pages. Available in PDF, EPUB and Kindle. Book excerpt: Georges Abi-Saab began his writing and teaching at a time when the process of decolonization, and thereafter the quest for emancipation, began to make its far-reaching impact on the international scene, producing significant changes in the international environment, both quantitatively in increasing the number of nation-States and qualitatively in changing patterns of interests and claims. This was bound to result in new pressures on the international legal system itself and in a questioning of the traditional Eurocentric content of international law. In his work and teaching Professor Abi-Saab viewed the dynamics of international law as a function of two driving forces: the emergence of the third world and the sense of injustice. In his view, the first driving force - the emergence of the third world - raised the problem of exclusion: exclusion from participation in the elaboration of international law and the decision-making process, and exclusion as beneficiaries of the resulting rules of international law. At the same time, this new force introduced diversity into the international scene, reflecting the richness of the international community in its different facets. This process remains relevant today, reflecting the contemporary problem of exclusion of new actors as well as their quest for participation. The second driving force - the sense of injustice - posed a teleological problem for him, that of defining community values in order that they capture the different facets of justice, whether formal or distributive. So long as there is no effective organic structure, international law in his view will continue to remain effectiveness-oriented, reflecting rather than impacting on the structures of power. Nevertheless, it is undeniable that there is an on-going process of development of community values and interests; as Georges Abi-Saab wrote with reference to international crimes: `law, like all social phenomena, is a continuous unfolding, a continuous process of elaboration'. He has also considered that the dynamics of the international legal process itself can be captured from the perspective of international organizations as vehicles for change in the international system. From his early writings, Georges Abi-Saab approached the United Nations Charter as a blueprint - both normative and institutional - for a certain type of international society. International institutions with all their imperfections, continue for him to be the means of realization of the law of cooperation which lies at the heart of his concept of the international system. The themes selected for this volume in honour of Professor Georges Abi-Saab are intended to reflect his unique and pioneering contribution to the field of international law. The contributors are drawn from what he has always considered to be his large `family' of former students: in his forty years of teaching, Georges Abi-Saab has acted as mentor to generations of students from all over the world who have benefited from his vision, insights, originality and creative and stimulating use of language. The contributors also include colleagues and friends who share a similar vision of the international legal system.

Mélanges Skubiszewski Krzysztof

Author : Jerzy Makarczyk
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789041102966
Total Pages : 1014 pages
Book Rating : 4.1/5 (29 download)

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Book Synopsis Mélanges Skubiszewski Krzysztof by : Jerzy Makarczyk

Download or read book Mélanges Skubiszewski Krzysztof written by Jerzy Makarczyk and published by Martinus Nijhoff Publishers. This book was released on 1996-12-05 with total page 1014 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Theory of International Law at the Threshold of the 21st Century" is a remarkable book, and is destined to become a standard work, without which no International Law library will be complete. The essays contained in this volume are written by the foremost experts, and the topics have been chosen with the greatest care, to reflect the most pressing current problems facing the world community. The research and writing made available in this collection will be of enduring worth, and will be studied and quoted for decades to come. It follows in the finest traditions of the major collective works published by Martinus Nijhoff/Kluwer Law International. It is most appropriate that a remarkable book should be dedicated to a remarkable man, and the editor of the volume Professor Jerzy Makarczyk has ensured that the choice of writers, the choice of topics and the quality of the material do indeed honour one of the leading international lawyers of his generation: Professor Krzysztof Skubiszewski.

The Law of International Responsibility

Author : James Crawford
Publisher : Oxford University Press
ISBN 13 : 0199296979
Total Pages : 1364 pages
Book Rating : 4.1/5 (992 download)

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Book Synopsis The Law of International Responsibility by : James Crawford

Download or read book The Law of International Responsibility written by James Crawford and published by Oxford University Press. This book was released on 2010-05-20 with total page 1364 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law of international responsibility is one of international law's core foundational topics. Written by international experts, this book provides an overview of the modern law of international responsibility, both as it applies to states and to international organizations, with a focus on the ILC's work.

Formalism and the Sources of International Law

Author : Jean d'Aspremont
Publisher : OUP Oxford
ISBN 13 : 0191504831
Total Pages : 1494 pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis Formalism and the Sources of International Law by : Jean d'Aspremont

Download or read book Formalism and the Sources of International Law written by Jean d'Aspremont and published by OUP Oxford. This book was released on 2013-05-23 with total page 1494 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book revisits the theory of the sources of international law from the perspective of formalism. It critically analyses the virtues of formalism, construed as a theory of law ascertainment, as a means of distinguishing between law and non-law. The theory of formalism is re-evaluated against the backdrop of the growing acceptance by international legal theorists of the blurring of the lines between law and non-law. At the same time, the book acknowledges that much international normative activity nowadays takes place outside the ambit of traditional international law and that only a limited part of the exercise of public authority at the international level results in the creation of international legal rules. The theory of ascertainment that the book puts forward attempts to dispel some of the illusions of formalism that accompany the traditional sources of international law. It also sheds light on the tendency of scholars, theorists, and advocates to deformalize the identification of international legal rules with a view to expanding international law. The book seeks to revitalize and refresh the formal identification of rules by engaging with some tenets of the postmodern critique of formalism. As a result, the book not only grapples with the practice of law-making at the international level, but it also offers broad theoretical insights on international law, dealing with the main schools of thought in legal theory (positivism, naturalism, legal realism, policy-oriented jurisprudence, and postmodernism). This paperback edition features the author's discussion of this book on the EJIL Talk blog.

The International Law Commission's Articles on State Responsibility

Author : United Nations. International Law Commission
Publisher : Cambridge University Press
ISBN 13 : 9780521013895
Total Pages : 428 pages
Book Rating : 4.0/5 (138 download)

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Book Synopsis The International Law Commission's Articles on State Responsibility by : United Nations. International Law Commission

Download or read book The International Law Commission's Articles on State Responsibility written by United Nations. International Law Commission and published by Cambridge University Press. This book was released on 2002 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: Note on sources and style

Equity and Equitable Principles in the World Trade Organization

Author : Anastasios Gourgourinis
Publisher : Routledge
ISBN 13 : 1317964152
Total Pages : 402 pages
Book Rating : 4.3/5 (179 download)

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Book Synopsis Equity and Equitable Principles in the World Trade Organization by : Anastasios Gourgourinis

Download or read book Equity and Equitable Principles in the World Trade Organization written by Anastasios Gourgourinis and published by Routledge. This book was released on 2015-07-24 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses whether, and how, equity and equitable principles can be employed as juridical tools in the legal reasoning of judges and lawyers in World Trade Organization (WTO) disputes where there is interaction between norms derived from the multilateral trade regime and other international legal regimes. Bringing the literature on equity and equitable principles in international law up to date this book tackles several legal problems which have emerged in WTO dispute settlement practice as well as engaging with the concept of the fragmentation of international law. The book provides an original argument about the role and significance of equity and equitable principles in the debate over fragmentation by providing a coherent methodology for addressing conflicts and overlaps between WTO and non-WTO norms in the context of Dispute Settlement Body proceedings.

"L’être situé", Effectiveness and Purposes of International Law

Author : Shotaro Hamamoto
Publisher : BRILL
ISBN 13 : 9004294287
Total Pages : 319 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis "L’être situé", Effectiveness and Purposes of International Law by : Shotaro Hamamoto

Download or read book "L’être situé", Effectiveness and Purposes of International Law written by Shotaro Hamamoto and published by BRILL. This book was released on 2015-05-26 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: The traditional and mainstream conception of international law presupposes a certain ideal type of State. However, each State is situated in a particular context – an Etat situé – and the universal, impartial and non-discriminatory application of international law to each State often produces unjustifiable results in the real world. International law thus needs to cope with this existential question in order to ensure and maintain the effectiveness of the international legal order, without, however, being trapped by a nihilistic relativism. This approach requires a flexible understanding and reconstruction of the international law-making theory. The present collection of essays gathers contributions written in honour of Professor Ryuichi Ida by his colleagues and former students, inspired by the dédicataire, who places particular emphasis upon the context, effectiveness and purposes of international law. The dédicataire’s perspective finds wide ranging applications and the present collection deals with international economic law, international criminal law, international environmental law, international law-making, the law of State responsibility and the law of international organizations. Contributors are: Tatsuya Abe, Pierre-Marie Dupuy, Shotaro Hamamoto, Machiko Kanetake, Tomohiko Kobayashi, Tomonori Mizushima, Hironobu Sakai, Akiho Shibata, Mari Takeuchi, Dai Tamada, Sakda Thanitcul, Zhi-an Wang, and Takuhei Yamada.

Jurisprudence of the PCIJ and of the ICJ on Interim Measures of Protection

Author : Ewa Sałkiewicz-Munnerlyn
Publisher : Springer Nature
ISBN 13 : 9462654751
Total Pages : 160 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis Jurisprudence of the PCIJ and of the ICJ on Interim Measures of Protection by : Ewa Sałkiewicz-Munnerlyn

Download or read book Jurisprudence of the PCIJ and of the ICJ on Interim Measures of Protection written by Ewa Sałkiewicz-Munnerlyn and published by Springer Nature. This book was released on 2021-10-13 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with all the cases that came before the Permanent Court of International Justice (PCIJ) from 1922 to 1946, as well as those that were heard by its successor, the International Court of Justice (ICJ) from 1946 to 2020 in which interim measures of protection were either indicated or refused. The monograph shows how cases in which injunctive relief was sought were handled and how the PCIJ and the ICJ have undergone certain reforms over the years. The new approach taken by the author is to present all the matters brought before both the PCIJ and ICJ in full and to present the new requirements on the part of the ICJ that have been formulated in recent years. The book is aimed at law students, lecturers and those working in the field of international law. Ewa Sałkiewicz-Munnerlyn was a Polish diplomat working for the Ministry of Foreign Affairs from 1991 to 2018. She was appointed charge d’affaires at the Polish Embassy to the Holy See from 1993-1994, after which she served as the Polish consul at the Consular Division of the Polish Embassy in Washington D.C. from 1995-1999. She then held the position of Human Rights Officer of the OSCE in Macedonia (Skopje and Ohrid) and Bosnia and Hercegovina (Pale in Republika Srbska) from 2001-2005 and has also several times worked as a short-term observer of the OSCE during parliamentary and presidential elections in Ukraine, Russia, Moldova and Belarus. She attained a Ph.D. at the Jagiellonian University in Krakow, Poland and a post-graduate diploma at the Institut des Hautes Etudes Internationales in Geneva, Switzerland.

Secession

Author : Marcelo G. Kohen
Publisher : Cambridge University Press
ISBN 13 : 9780521849289
Total Pages : 560 pages
Book Rating : 4.8/5 (492 download)

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Book Synopsis Secession by : Marcelo G. Kohen

Download or read book Secession written by Marcelo G. Kohen and published by Cambridge University Press. This book was released on 2006-03-21 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a comprehensive study of secession from an international law perspective.

The Vienna Conventions on the Law of Treaties

Author : Olivier Corten
Publisher : Oxford University Press, USA
ISBN 13 : 0199546649
Total Pages : 2171 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis The Vienna Conventions on the Law of Treaties by : Olivier Corten

Download or read book The Vienna Conventions on the Law of Treaties written by Olivier Corten and published by Oxford University Press, USA. This book was released on 2011 with total page 2171 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 1969 and 1986 Vienna Conventions on the Law of Treaties are essential components of the international legal order. This is the first Commentary on their provisions, containing thorough and well-structured analyses of each of their Articles. It draws on preparatory works and practice and is written by a large collection of experts from the field

La Promotion de la Justice, Des Droits de L'homme Et Du Règlement Des Conflits Par Le Droit International

Author : Marcelo Gustavo Kohen
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004153837
Total Pages : 1275 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis La Promotion de la Justice, Des Droits de L'homme Et Du Règlement Des Conflits Par Le Droit International by : Marcelo Gustavo Kohen

Download or read book La Promotion de la Justice, Des Droits de L'homme Et Du Règlement Des Conflits Par Le Droit International written by Marcelo Gustavo Kohen and published by Martinus Nijhoff Publishers. This book was released on 2007 with total page 1275 pages. Available in PDF, EPUB and Kindle. Book excerpt: This "Liber Amicorum" is published at the occasion of Judge Lucius Caflisch's retirement from a distinguished teaching career at the Graduate Institute of International Studies of Geneva, where he served as Professor of International Law for more than three decades, and where he has also held the position of Director. It was written by his colleagues and friends, from the European Court of Human Rights, from universities all around the world, from the Swiss Foreign Affairs Ministry and many other national and international institutions. The "Liber Amicorum Lucius Caflisch" covers different fields in which Judge Caflisch has excelled in his various capacities, as scholar, representative of Switzerland in international conferences, legal adviser of the Swiss Foreign Affairs Ministry, counsel, registrar, arbitrator and judge. This collective work is divided into three main sections. The first section examines questions concerning human rights and international humanitarian law. The second section is devoted to the international law of spaces, including matters regarding the law of the sea, international waterways, Antarctica, and boundary and territorial issues. The third section addresses issues related to the peaceful settlement of disputes, both generally and with regard to any particular means of settlement. The contributions are in both English and French.

International Law

Author : Malcolm N. Shaw
Publisher : Cambridge University Press
ISBN 13 : 1107394368
Total Pages : 1664 pages
Book Rating : 4.1/5 (73 download)

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Book Synopsis International Law by : Malcolm N. Shaw

Download or read book International Law written by Malcolm N. Shaw and published by Cambridge University Press. This book was released on 2008-11-13 with total page 1664 pages. Available in PDF, EPUB and Kindle. Book excerpt: Malcolm Shaw's engaging and authoritative International Law has become the definitive textbook for instructors and students alike, in this increasingly popular field of academic study. The hallmark writing style provides a stimulating account, motivating students to explore the subject more fully, while maintaining detail and academic rigour. The analysis integrated in the textbook challenges students to develop critical thinking skills. The sixth edition is comprehensively updated throughout and is carefully constructed to reflect current teaching trends and course coverage. The International Court of Justice is now examined in a separate dedicated chapter and there is a new chapter on international criminal law. The detailed references and reliable, consistent commentary which distinguished previous editions remain, making this essential reading for all students of international law whether they be at undergraduate level, postgraduate level or professional lawyers.

State Responsibility in International Law

Author : René Provost
Publisher : Routledge
ISBN 13 : 1351898035
Total Pages : 589 pages
Book Rating : 4.3/5 (518 download)

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Book Synopsis State Responsibility in International Law by : René Provost

Download or read book State Responsibility in International Law written by René Provost and published by Routledge. This book was released on 2017-03-02 with total page 589 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the wake of the adoption by the International Law Commission of a complete set of articles on state responsibility in international law in 2001, this collection assembles a number of essays tracing key debates which have marked the evolution of this field over the last fifty years. These include explorations of the general theory of state responsibility (link between ’primary’ and ’secondary’ rules, the place of due diligence, the link between liability and wrongfulness), the consequences of an internationally wrongful act (nature of remedies, suitability of countermeasures, third states and the shift from bilateralism to community interests in the law of state responsibility), the debate over criminalizing state responsibility, and the continuing relevance of the law of injuries to aliens. The collection also contains a series of essays offering critical perspectives on state responsibility, including feminist and developing world perspectives. It is completed by an extensive and up-to-date bibliography.