Commentary on the First Geneva Convention

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Publisher : Cambridge University Press
ISBN 13 : 1316764117
Total Pages : pages
Book Rating : 4.3/5 (167 download)

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Book Synopsis Commentary on the First Geneva Convention by : International Committee of the Red Cross

Download or read book Commentary on the First Geneva Convention written by International Committee of the Red Cross and published by Cambridge University Press. This book was released on 2016-12-15 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The application and interpretation of the four Geneva Conventions of 1949 and their two Additional Protocols of 1977 have developed significantly in the sixty years since the International Committee of the Red Cross (ICRC) first published its Commentaries on these important humanitarian treaties. To promote a better understanding of, and respect for, this body of law, the ICRC commissioned a comprehensive update of its original Commentaries. Its preparation was coordinated by Jean-Marie Henckaerts, ICRC legal adviser and head of the project to update the Commentaries. The First Convention is a foundational text of international humanitarian law. It contains the essential rules on the protection of the wounded and sick, those assigned to their care, and the red cross and red crescent emblems. This article-by-article Commentary takes into account developments in the law and practice to provide up-to-date interpretations of the Convention. The new Commentary has been reviewed by humanitarian-law practitioners and academics from around the world. It is an essential tool for anyone working or studying within this field.

Les Règles Et Les Institutions Du Droit International Humanitaire À L'épreuve Des Conflits Armés Récents

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Author :
Publisher : Centre for Studies and Researc
ISBN 13 :
Total Pages : 244 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Les Règles Et Les Institutions Du Droit International Humanitaire À L'épreuve Des Conflits Armés Récents by : Hague Academy of International Law. Center for Studies and Research

Download or read book Les Règles Et Les Institutions Du Droit International Humanitaire À L'épreuve Des Conflits Armés Récents written by Hague Academy of International Law. Center for Studies and Research and published by Centre for Studies and Researc. This book was released on 2008 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: Merry Christmas To Friends, Neighbours...Lovers? Neighbours and fellow single parents Travis and Holly don't know what they'd do without each other. Besides being good friends, they're each other's backup in times of domestic chaos, which, with four pre-schoolers between them, is most of the time! They have just one unwritten rule: they have to stay friends. But after sharing a knock-your-socks-off kiss, friendship no longer seems like enough. Could it be that the perfect Christmas solution lies right next door – for both of them?

Commentary on the Third Geneva Convention

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Publisher : Cambridge University Press
ISBN 13 : 1108981704
Total Pages : 3034 pages
Book Rating : 4.1/5 (89 download)

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Book Synopsis Commentary on the Third Geneva Convention by :

Download or read book Commentary on the Third Geneva Convention written by and published by Cambridge University Press. This book was released on 2021-09-09 with total page 3034 pages. Available in PDF, EPUB and Kindle. Book excerpt: The application and interpretation of the four Geneva Conventions of 1949 and their two Additional Protocols of 1977 have developed significantly in the seventy years since the International Committee of the Red Cross (ICRC) first published its Commentaries on these important humanitarian treaties. To promote a better understanding of, and respect for, this body of law, the ICRC commissioned a comprehensive update of its original Commentaries, of which this is the third volume. The Third Convention, relative to the treatment of prisoners of war and their protections, takes into account developments in the law and practice in the past seven decades to provide up-to-date interpretations of the Convention. The new Commentary has been reviewed by humanitarian law practitioners and academics from around the world. This new Commentary will be an essential tool for anyone involved with international humanitarian law.

Commentary on the Second Geneva Convention

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Publisher : Cambridge University Press
ISBN 13 : 1108527566
Total Pages : 1356 pages
Book Rating : 4.1/5 (85 download)

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Book Synopsis Commentary on the Second Geneva Convention by :

Download or read book Commentary on the Second Geneva Convention written by and published by Cambridge University Press. This book was released on 2017-12-21 with total page 1356 pages. Available in PDF, EPUB and Kindle. Book excerpt: The application and interpretation of the four Geneva Conventions of 1949 have developed significantly in the sixty years since the International Committee of the Red Cross (ICRC) first published its Commentaries on these important humanitarian treaties. To promote a better understanding of, and respect for, this body of law, the ICRC commissioned a comprehensive update of its original Commentaries, of which this is the second volume. Its preparation was coordinated by Jean-Marie Henckaerts, ICRC legal adviser and head of the project to update the Commentaries. The Second Convention is a key text of international humanitarian law. It contains the essential rules on the protection of the wounded, sick and shipwrecked at sea, those assigned to their care, and the vessels used for their treatment and evacuation. This article-by-article Commentary takes into account developments in the law and practice to provide up-to-date interpretations of the Convention. The new Commentary has been reviewed by humanitarian-law practitioners and academics from around the world, including naval experts. It is an essential tool for anyone working or studying within this field.

A Transcivilizational Perspective on International Law

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Publisher : BRILL
ISBN 13 : 9004249966
Total Pages : 492 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis A Transcivilizational Perspective on International Law by : Yasuaki Onuma

Download or read book A Transcivilizational Perspective on International Law written by Yasuaki Onuma and published by BRILL. This book was released on 2010-07-05 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt: The twenty-first century will witness conflicts which may destabilize the international order. These conflicts are likely to arise between emerging Asian States such as China and India whose material power is growing, and the Western nations who wield significant ideational power. A West-centric international society will change to a multi-polar and multi-civilizational global society. This structural change includes, and further needs, changes of understandings and perceptions of the world, including of international law. The perspectives from which we see, understand, appreciate and assess international law must change. We need to interpret international law not only from a prevalent Statecentric international perspective and West-centric transnational perspective. Onuma argues that we must grasp international law from what he calls a trans-civilizational perspective as well. By adopting such three-layered perspectives, international law is shown to be functioning as a tool of politics yet constrained by cultural and civilizational factors. Such complex subjects as global history of international law, concepts of general and customary international law, and human rights could be appreciated in a more nuanced and subtle manner.

Ensuring compliance with International Humanitarian Law. The EU, France, and Spain

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Author :
Publisher : Universidad Pública de Navarra/Nafarroako Unibertsitate Publikoa
ISBN 13 : 8497693604
Total Pages : 671 pages
Book Rating : 4.4/5 (976 download)

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Book Synopsis Ensuring compliance with International Humanitarian Law. The EU, France, and Spain by : Steible, Bettina

Download or read book Ensuring compliance with International Humanitarian Law. The EU, France, and Spain written by Steible, Bettina and published by Universidad Pública de Navarra/Nafarroako Unibertsitate Publikoa. This book was released on 2020-08-24 with total page 671 pages. Available in PDF, EPUB and Kindle. Book excerpt: Según los términos del Artículo 1 Común a los cuatro Convenios de Ginebra de 1949, los Estados partes quedan sujetos a una obligación de respetar y de hacer respetar el Derecho Internacional Humanitario (DIH). En este libro se analiza si la Unión Europea (UE) y dos de sus Estados Miembros –Francia y España– ejecutan su obligación de hacer respetar el DIH. Concretamente, se trata de analizar cómo dos corpus jurídicos originalmente indiferentes el uno del otro, el DIH y el Derecho de la Unión, llegaron a converger y entrelazarse. Se sostiene que la aplicación del DIH ha de ser analizada desde una perspectiva multinivel. Mientras el DIH depende de los Estados para asegurar su efectividad, el proceso de integración europea obliga a añadir el nivel supranacional: la UE. Esta configuración genera un círculo virtuoso de cumplimiento del DIH según el cual la autoridad jurídica del Artículo 1 Común queda reforzada, lo cual conlleva una mejor implementación del DIH. Asimismo, la UE proyecta sus valores en la escena internacional y se ve reforzada en su calidad de líder en materia de derechos humanos. Además, la UE constituye un nivel adicional tanto de garantía como de actuación para sus Estados Miembros, que la usan para dar efecto a sus obligaciones derivadas del DIH. Se sostiene pues, que la UE se ha establecido como un actor esencial del DIH en la escena internacional. La UE –un autoproclamado líder en materia de derechos humanos– y sus Estados Miembros no solamente quedan vinculados por el Artículo 1 Común, sino que han aceptado de ejecutar su mandato de manera efectiva en la escena internacional.

Prisoners of War in Contemporary Conflict

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Author :
Publisher : Oxford University Press
ISBN 13 : 0197663281
Total Pages : 481 pages
Book Rating : 4.1/5 (976 download)

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Book Synopsis Prisoners of War in Contemporary Conflict by : Michael N. Schmitt

Download or read book Prisoners of War in Contemporary Conflict written by Michael N. Schmitt and published by Oxford University Press. This book was released on 2023 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The International Committee of the Red Cross' release of its 2020 Commentary on the 1949 Geneva Convention Relative to the Treatment of Prisoners of War, which updated the existing 1960 "Pictet Commentary," drew global attention to the international humanitarian law governing prisoners of war POWs. This book contributes to the dialogue with a collection of capita selecta identified by the contributors as meriting examination. Part I examines qualification for POW status from two angles. Four contributions deal with types and domains of warfare - proxy, fluid, maritime, and space. The remaining three take on issues regarding the status of detainees set forth in Article 4 of the Third Geneva Convention, specifically combatants, civilians accompanying the force, and members of a levée en masse. Part II discusses the treatment to which POWs are entitled. Topics range from a broad survey of key issues regarding POW treatment in contemporary conflicts to narrow topics that have created confusion or proven challenging in practice. The book concludes with Part III's consideration of the historical relevance of, and perspectives on, the international law governing POWs"--

The Transformation of Occupied Territory in International Law

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Publisher : BRILL
ISBN 13 : 9004227881
Total Pages : 569 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis The Transformation of Occupied Territory in International Law by : Andrea Carcano

Download or read book The Transformation of Occupied Territory in International Law written by Andrea Carcano and published by BRILL. This book was released on 2015-09-29 with total page 569 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume discusses the practice of transformative military occupation from the perspective of public international law through the prism of the occupation of Iraq and other cases of historical significance. It seeks to assess how international law should respond to measures undertaken in the pursuit of a given transformative project, whether or not supported by the Security Council. A monographic study tackling the bulk of the international law issues that emerge during and as a result of a transformative occupation, based on a comprehensive analysis of historical cases, applicable norms, and relevant facts. "With this thorough and thought provoking study, Andrea Carcano has put us all in his debt." From the foreword by Georges Abi-Saab, Emeritus Professor, Graduate Institute of International Studies and Development.

Innovation and Experimentation in the International Climate Change Regime

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Publisher : BRILL
ISBN 13 : 9004444408
Total Pages : 336 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Innovation and Experimentation in the International Climate Change Regime by : Lavanya Rajamani

Download or read book Innovation and Experimentation in the International Climate Change Regime written by Lavanya Rajamani and published by BRILL. This book was released on 2021-02-22 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book takes a critical lens to humanity’s collective regulatory response to the existential threat of climate change. It explores those aspects of the international climate change regime that, albeit born of political dysfunction, demonstrate ingenuity, innovation and experimentation. This includes aspects relating to the legal form of instruments in the regime, the legal character of its provisions, as well as norm hybridity and mutation, and the nature, extent and evolution of differential treatment in the regime. This book argues that innovations and experiments in the international climate change regime have resulted in a highly sophisticated and nuanced legal regime – one that challenges the conceptual boundaries of international law, enriches the core of treaty law and practice and is likely to have an enduring impact on international law, legal practice and diplomatic intercourse.

The Secession of States and Their Recognition in the Wake of Kosovo

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Author :
Publisher : BRILL
ISBN 13 : 9004257497
Total Pages : 310 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis The Secession of States and Their Recognition in the Wake of Kosovo by : John Dugard

Download or read book The Secession of States and Their Recognition in the Wake of Kosovo written by John Dugard and published by BRILL. This book was released on 2013-08-07 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: The secession of States is subject to legal regulation. The arguments presented by States in the advisory proceedings on Kosovo confirm that there are rules of international law that determine whether the secession of a State in the post-colonial world is permissible. These rules derive from the competing principles of self-determination and territorial integrity. In deciding whether to recognize a secessionist entity as a State, or to admit it to the United Nations, States must balance these competing principles, with due regard to precedent and State practice. These lectures examine cases in which secession has succeeded (such as Israel and Bangladesh), in which it has failed (such as Biafra and Chechnya) and in which a determination is still to be made (Kosovo, Abkhazia and South Ossetia).

The Aims and Methods of Postcolonial International Law

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Publisher : BRILL
ISBN 13 : 9004696164
Total Pages : 288 pages
Book Rating : 4.0/5 (46 download)

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Book Synopsis The Aims and Methods of Postcolonial International Law by : Chin Leng Lim

Download or read book The Aims and Methods of Postcolonial International Law written by Chin Leng Lim and published by BRILL. This book was released on 2024-09-30 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Criticism of colonial justifications has been familiar since the age of Sepúlveda and Las Casas. Yet today it is said that international law is, and always was, an instrument of colonialism. It is true that the ius gentium and the Law of Nations failed to prevent colonialism and were used in fact to justify colonialism. Still, such failures which occurred over the successive periods of European colonization of non-European peoples did not implicate the whole of international law thought. That is just a modern exaggeration, but rather than repair the international law that we have, for example in our discussions about colonial reparation, some now wish us to reject international law altogether. In seeking to cast present-day criticisms in a proper light, these lectures at the Hague Academy had discussed the more notable literature, including in judgments and arbitral awards, from the time of the classic works that are connected to the history of the subject to the present day. Now presented in pocketbook form the objective is the same; which is to explain the aims and methods of post-colonial criticism, and to reject the view that it is too late for international law.

Private International Law as Component of the Law of the Forum

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Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004226354
Total Pages : 360 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Private International Law as Component of the Law of the Forum by : Michael Bogdan

Download or read book Private International Law as Component of the Law of the Forum written by Michael Bogdan and published by Martinus Nijhoff Publishers. This book was released on 2012-01-01 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: Also available as an e-book In spite of the undoubtedly great and rising importance of the international legislative co-operation regarding private international law, it must be remembered that no successful unification or harmonization of conflict rules has ever taken place on the universal level, and that the conflict rules stemming from international legislative co-operation between a limited number of countries give rise to the same problems as non-harmonized rules, whenever they have to be used in relation to countries not participating in the legislative co-operation in question. This book will therefore focus on the last-mentioned problems and refrain from dealing with the particular issues arising from international legislative co-operation in the field of private international law. One of the principal aims of Michael Bogdan is to demonstrate the relationship between the national rules of private international law and the rest of the legal system of the forum country, in the first place its substantive private law and its law of civil procedure, as well as to illustrate the impact of the forum country’s general ethical and other values on its private international law.

The Quest for World Order and Human Dignity in the Twenty-first Century

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Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004236163
Total Pages : 503 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis The Quest for World Order and Human Dignity in the Twenty-first Century by : W.M. Reisman

Download or read book The Quest for World Order and Human Dignity in the Twenty-first Century written by W.M. Reisman and published by Martinus Nijhoff Publishers. This book was released on 2013-02-18 with total page 503 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law’s archipelago is composed of legal “islands”, which are highly organized, and “offshore” zones, manifesting a much lower degree of legal organization. Each requires a different mode of decisionmaking, each further complicated by the stress of radical change. This General Course is concerned, first, with understanding and assessing the aggregate performance of the world constitutive process, in present and projected constructs; second, with providing the intellectual tools that can enable those involved in making decisions to be more effective, whether they are operating in islands or offshore; and, third, with inquiring into ways the international legal system might be improved. Reisman identifies the individual as the ultimate actor in international law and explores the dilemmas of meaningful individual commitment to a world order of human dignity amidst interlocking communities and overlapping loyalties.

Unifying and Harmonising Substantive Law and the Role of Conflict of Laws

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Publisher : BRILL
ISBN 13 : 9004249958
Total Pages : 288 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Unifying and Harmonising Substantive Law and the Role of Conflict of Laws by : Katharina Boele-Woelki

Download or read book Unifying and Harmonising Substantive Law and the Role of Conflict of Laws written by Katharina Boele-Woelki and published by BRILL. This book was released on 2010-07-05 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traditionally, conflict of law rules designate only national substantive law as the applicable law. Many unifying and harmonizing substantive law instruments of both States and non-State organizations, however, are designed specifically for application to cross-border relationships. Achieving this objective is, generally, hindered by conflict of law rules. The requirements which non-national law needs to fulfil in order to be accepted as the law governing a cross-border relationship deserve clarification. Not only uniform law, such as the CISG and the envisaged European substantive law instrument for the law of obligations, but, particularly, instruments which are aimed at harmonizing substantive law, challenge the established systems of conflict of laws. In seeking a positive approach towards the application of a law other than national law various aspects need to be considered: (1) is the decision taken by a court or an arbitral tribunal; (2) what field of law (contract/delict/tort or family relationships) is involved; and (3) the objective or subjective (choice by the parties) designation of the applicable law.

Pan-Africanism and International Law

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004285059
Total Pages : 288 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Pan-Africanism and International Law by : Abdulqawi A. Yusuf

Download or read book Pan-Africanism and International Law written by Abdulqawi A. Yusuf and published by Martinus Nijhoff Publishers. This book was released on 2015-01-08 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Pan-Africanism offers a unique vantage point to study Africa’s encounters with international law : first, as a continent whose political entities were excluded from the scope of application of the Eurocentric version of international law that was applied among the self-styled club of “civilized nations” ; second, through the emergence of African States as subjects of international law willing to contribute to the reform and further development of the law as a universal interstate normative system; and third, as members of the OAU and the AU acting collectively to generate innovative principles and rules, which, though applicable only in the context of intra-African relations, either go beyond those existing at the universal level or complement them by broadening their scope. This study examines those encounters through the various stages in the evolution of Pan-Africanism from a diaspora-based movement, engaged in the struggle for the emancipation of the peoples of the continent, to groupings of independent States and intergovernmental organizations which continue to promote African unity and influence the development of international law to make it more reflective of diverse legal traditions and values.

Global Impact of the Ukraine Conflict

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Author :
Publisher : Springer Nature
ISBN 13 : 9819943744
Total Pages : 504 pages
Book Rating : 4.8/5 (199 download)

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Book Synopsis Global Impact of the Ukraine Conflict by : Shuichi Furuya

Download or read book Global Impact of the Ukraine Conflict written by Shuichi Furuya and published by Springer Nature. This book was released on 2023-11-30 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt: The invasion of Ukraine by the Russian Federation and the subsequent military campaigns entail several classical aspects of armed conflict. First, it is a type of international armed conflict between two sovereign states that had been prevalent until the middle of the twentieth century but not in the last several decades. It is also a direct intervention by a superpower into a neighboring state with the former’s aspiration of territorial expansion. This action evokes a scheme of war reminiscent of the nineteenth or early twentieth century. At the same time, however, the invasion is generating in the international community a sense of new phenomena, leading to a new era that may be different from the past three decades following the end of the Cold War. In fact, the hostilities between the Russian Federation and Ukraine, as well as reactions by other states and international organizations, have raised legal and political issues that require scholars to reexamine existing frameworks of the international community and individual rules of international law. The process of applying international law to states is a dynamic one. Rules of international law may and should regulate the behavior of states and provide standards to decide whether a particular act by a state is permissible. At the same time, however, states may change or replace existing rules, and a significant event or series of such events may be a strong motivator to create a new legal framework. In this regard, rules of international law and the conduct of states are in a dialectical relationship. International law can both shape a mode of conduct and be shaped by that conduct—being its creator as well as its creation. The Ukraine conflict is not an exception. We can discuss the conduct of the Russian Federation, Ukraine, other states and international organizations and evaluate their legality and legitimacy from the viewpoint of existing rules. However, we may also reevaluate the current rules of international law through the lens of the Ukraine conflict and discuss possible changes to those rules in the future. Inspired by the latter aspect of the international legal process, the present book aims to examine the impact of the Ukraine conflict, whether salient or potential, on various rules of international law. Most of the authors are from Japan and other Asian countries that are geographically remote from the site of the conflict. It is often true, however — and particularly in this case — that those keeping an appropriate distance can look at relevant issues in a broader view and from a more objective perspective. To what extent and in what manner may the Ukraine conflict have an impact on the legal framework of the international community and the rules of international law? This book is the first to answer those questions in a comprehensive manner.

Lis Pendens in International Litigation

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Publisher : BRILL
ISBN 13 : 9047441443
Total Pages : 492 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis Lis Pendens in International Litigation by : Campbell McLachlan

Download or read book Lis Pendens in International Litigation written by Campbell McLachlan and published by BRILL. This book was released on 2009-07-22 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt: What legal principles apply when courts in different jurisdictions are simultaneously seised with the same dispute ? This question — of international lis pendens — has long been controversial. But it has taken on new and urgent importance in our age. Globalization has driven an unprecedented rise in forum shopping between national courts and a proliferation of new international tribunals. Problems of litispendence have spawned some of the most dramatic litigation of modern times — from anti-suit injunction battles in commercial disputes, to the appeals of prisoners on death row to international human rights tribunals. The way we respond to this challenge has profound theoretical implications for the interaction of legal systems in today’s pluralistic world. In this wide-ranging survey, McLachlan analyses the problems of parallel litigation — in private and public international law and international arbitration. He argues that we need to develop a more sophisticated set of rules of conflict of litigation, guided by a cosmopolitan conception of the rule of law. Quels principes juridiques font foi lorsque des tribunaux de différentes juridictions sont saisis simultanément pour le même litige ? La problématique de la litispendance internationale a longtemps été controversée. Mais, de nos jours, elle devient de plus en plus importante. La mondialisation a entrainé une augmentation sans précédent de surenchères judiciaires entre les tribunaux nationaux, ainsi qu’une prolifération de nouveaux tribunaux internationaux. Les problèmes de litispendance ont engendré quelques uns des litiges les plus dramatiques des temps modernes, allant des batailles d’anti-suit injunction lors de litiges commerciaux aux appels des prisonniers dans le couloir de la mort devant les tribunaux internationaux des droits de l’Homme. La manière dont nous faisons face à ce défi a de grandes implications théoriques pour les interactions des systèmes judiciaires dans notre monde pluraliste. Dans cette étude de grande envergure, McLachlan analyse les problèmes de litiges parallèles au niveau du droit international privé et public, ainsi que l’arbitrage international. Selon lui, nous devons concevoir de nouvelles règles plus sophistiquées concernant les conflits de litiges, tout en respectant une conception cosmopolite de l’Etat de droit.